Public Sector Employment in the Twenty-First Century
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Public Sector Employment in the Twenty-First Century
Table of Contents
Phillipa Weeks 1953–2006: A Tribute
Preface
Contributors
Chapter 1. Public Sector Employment in the Twenty-First Century: Themes and Introduction
Themes
The Scope of the Chapters
Overview
Chapter 2. The Reshaping of Australian Public Service Employment Law
The Traditional Model of Australian Public Service Employment
Contract
Dismissal at Pleasure
Administrative Law
Conclusion on the Australian Traditional Model
The Contemporary Model of Australian Public Service Employment
Reform Context
Changes in the Specialist Public Service Legislation
Implications of Reform
Conclusion
Chapter 3. The Australian Public Service: Statutory, Doctrinal and Institutional Arrangements for its Governance
Ministerial Control over Government Administration
Statutory Regulation of the Australian Public Service
The Central Public Service Management Agency
Departments and Agencies as the Basic Unit of Management
Individual Personnel Decisions
A Career Service
Establishment-Based Rather than Financial Control of Staffing: A Major Change in Culture
Workplace Relations
Conduct and Ethics
Right of Employee Association
Third Party Arbitration
Rights of Review
Citizen Rights
Conclusion
Chapter 4. A Revised Legislative Framework for Australian Public Service Employment
The Position to 1996
Sources of Public Sector Employment Law
General Public Service Legislation
The General Industrial Relations Framework
Specific Legislation
An Environment of Reform
The Legislative Framework of the PSA 1922 and the
Industrial Relations Act 1988
(Cth)
Public Service Act 1922
(Cth)
Appointment and Promotion
Discipline
Redeployment, Retirement and Redundancy
Mobility
Determinations under the PSA 1922
Outline of GECA
APS Enterprise Agreement
Agency Agreements
Developments since 1996 Leading into the Twenty-First Century
The Introduction of the
Workplace Relations Act 1996
Applying the New Arrangements in the APS: Initial Policy Approaches
Certified Agreements in the APS Context
The Experience of Making Certified Agreements in the APS
Australian Workplace Agreements in the APS Context
The Experience of Making AWAs in the APS
The Extent of Use of AWAs
The Introduction of the PSA 1999
Structure of the PSA 1999
Comparison with the PSA 1922
Relationship with the WRA
Certified Agreements and AWAs
Twenty-First Century Developments: The Work Choices Legislation
Workplace Agreements
The Relationship between AWAs, Collective Agreements, Awards and the PSA 1999
Transitional Arrangements
Early Experiences with Agreement Making in the APS under the Work Choices Legislation
Conclusion: A Comparison of the Present and Pre-1996 Frameworks
WROLA and the Introduction of the
Workplace Relations Act 1996
PSA 1999
Work Choices
Chapter 5. From Workplace Bargaining to Workplace Relations
The Coalition’s General Industrial Relations Policy
The Coalition’s ‘Loose-Tight’ Model
Decentralising While Controlling: The Department of Workplace Relations and Small Business
Performance-Related Pay
Implementing Performance Pay: The Department of Finance and Administration and the Department of Defence
Union Response: Staying at the Bargaining Table
Agreement-Making in Three Agencies
The Guardian of Public Service ‘Values’: The Public Service and Merit Protection Commission
‘Going the Extra Mile’: The Department of Finance and Administration
‘Turning Policy Officers into Managers’: The Department of Foreign Affairs and Trade
From a Welfare Culture to a Customer Service Culture: Centrelink
1997 Collective Agreement
Centrelink Development Agreement 1999-2002
Centrelink Development Agreement 2003-2005
Centrelink Agreement 2006-2009
Implications of Work Choices Legislation for Union Organisation within the APS
Conclusion
Acknowledgement
Chapter 6. Whistleblower Protection and the Challenge to Public Employment Law
Protection of Whistleblowers and Public Employment Law
The US
Civil Service Reform Act of 1978
and the
Whistleblower Protection Act of 1989
State Whistleblower Statutes
International Acceptance of Whistleblower Protection
The British
Public Interest Disclosure Act 1998
Whistleblower Protection as an Anti-Corruption Measure
Protection of Whistleblowers and the Implications for Public Employment Law
The Vision of Public Service
The Distinction between Public and Private Employment Law and Whistleblower Protection
Chapter 7. Outsourcing and New Employer Entities: Challenges to Traditional Public Sector Employment
Scanning the Landscape: Overview of Public Sector Outsourcing
How Does Public Sector Outsourcing Compare to Private Sector Outsourcing?
Framework for Outsourcing
New Employing Entities, Same Public Service Employment Conditions?
Case Studies and Legal Questions
Approach in the Private Sector and Relevance to the Public Sector:
PP Consultants Case
Outsourcing by Government-Owned Corporation of Call Centres
The Approach to Outsourcing
within
the Public Sector: Outsourcing Health Services
Privatising the Commonwealth Employment Service
Implications for Commonwealth Outsourcing from Developments in the High Court
Legislative Solutions
Cost-Cutting Reasons for Outsourcing and Freedom of Association
Greater Dandenong Council
Case
The Current Legal Framework for Freedom of Association
Public Sector Values
Diminution of Public Remedies When the Nature of the Entity Changes: A Question of Contract
Other Legal Issues Emerging from Private Sector Control
Public Service Career and Redeployment Opportunities
Discrimination, Equal Opportunity and Affirmative Action
Access to Information about the Operation of the Service
Conclusion
Appendix
Chapter 8. ‘The Politics of Partnership’: The Evolution of Public Sector Industrial Relations in Victoria
Introduction
The Concept of ‘New Public Management’
The Political and Industrial Environment
The Transformation of Public Sector Unions and Wage Bargaining
Instituting a Partnership Approach
The Partnership Agreement: An Example of the Government’s Approach
Challenges to Partnership
Union Wage Expectations
The Demographic Profile of Public Sector Employment
Adversarial Culture of Public Sector Industrial Relations
Reforming the System
2002-2004
Public Sector Industrial Relations Framework
Workforce Planning
Governance Framework for Negotiations in Key Sectors
Wages Policy Parameters
Outcomes of the Revised Policy Framework
Formalising the Reforms, 2004-2006
Conclusions
Chapter 9. Reconstructing State Employment in New Zealand
Introduction
The State Sector before Reform
The Reforms of the 1980s
State-Owned Enterprises Act 1986
State Sector Act 1988
Employment Contracts Act 1991
Public Finance Act 1989
Redesigning the State Sector
The Public Service
Crown Entities
State Owned Enterprises
Implementing the New Design
Restructuring the Employment Environment
Industrial Relations
Human Resource Management
The Consequences of Reform
Trends into the Twenty-First Century
Conclusion
Chapter 10. The Privatisation of the Civil Service
Changing Civil Service Focus
Changing Civil Service Structure
Changing Civil Service Values
Changing Civil Service Employment Practices
Changing Civil Service Employment Law
Changing Civil Service Regulation — A Civil Service Act?
Conclusion
Chapter 11. Challenges Ahead: Workplace Relations Legislation and the Future
Workplace Relations Framework at Federal Level
State Public Servants
Diversity Issues
The Commonwealth as Employer, Market and APS Values
Fast Forward — 2035
Table of Cases
Table of Statutes
Index