Introduction

Introduction

The Public Service Industrial Relations Guide (the Guide) provides information on employment conditions applying to NSW Public Service employees.

Information in the Guide draws on legislation, awards, agreements, determinations and policy guidelines to assist human resources and industrial relations practitioners in Public Service agencies. The Guide does not seek to replace these source documents, but to bring together key provisions into a single reference point.

The Guide is published by NSW Treasury in consultation with the NSW Public Service Commission and public sector unions.

This first edition updates content previously included in the Personnel Handbook. The commencement of the Government Sector Employment Act 2013  (‘GSE Act’) resulted in much of the content of the Personnel Handbook being superseded and guidance material was subsequently available through the Public Service Commission’s Employment Portal. Notes on the status of the Personnel Handbook were maintained to indicate which areas remained current and which had been superseded by provision of the GSE Act.

This version reflects the legislation and human resources policy in place at the time of publication. While every effort has been made to ensure the accuracy of the information provided, if you are aware of any recent developments in a subject area or would like to suggest an amendment or correction to a particular topic for the next update of the Guide, please email psir@industrialrelations.nsw.gov.au

Public Service Senior Executives

The Guide does not apply to public service senior executives. Guidance relating to public service senior executives is available from the Public Service Commission website.

Disclaimer

The Guide is intended to be a helpful guide to industrial relations and human resources practitioners, and to managers and employees. It is not written for jurists or lawyers and it has no legal status. In all matters subject to dispute, reference must be made to source documents such as legislation and industrial instruments. These references are generally included at the head of each section.

The Guide provides advice on the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (the Conditions Award) and is applicable to all employees employed in Departments, Public Service executive agencies related to Departments, and separate Public Service agencies listed in Schedule 1 to the Government Sector Employment Act 2013, unless other arrangements apply under another industrial instrument or local arrangements.

While the Guide may be referred to by some non-public service agencies whose industrial instruments mirror or refer to the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, care should be taken to ensure compliance with those instruments.

Definitions and terminology

In this Guide:

• ‘Conditions Award’ means the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009
• ‘Employee’ is the term generally used rather than public servant unless it is necessary to distinguish between public servants employed under the GSE Act and employees of public sector agencies.
• ‘GSE Act’ means the Government Sector Employment Act 2013
• ‘IR Act’ means the Industrial Relations Act 1996
• IR Secretary means the Industrial Relations Secretary as defined in the GSE Act.
• IRC means the Industrial Relations Commission of NSW
• ‘PSIR’ mean Public Sector Industrial Relations
• ‘Public Service Agency’ has the same meaning as defined in Section 3 of the GSE Act.
• ‘Regulation’ means the Government Sector Employment Regulation 2014
• ‘This Act’ or ‘this Regulation’ or ‘this Award’ means the Act, Regulation or Award (other than those mentioned above) which is specified as having relevance to the particular section.
• ‘Wages Policy’ means the NSW Public Sector Wages Policy 2011

Circulars and Memoranda

• References to Circulars issued by Public Service Commission use the format: PSCC2018-99 Title.
• References to Circulars issued by Public Sector Industrial Relations use the format: TC2018-99 Title.
• References to Circulars issued by Department of Premier and Cabinet use the format: C2018-99 Title.
• References to Premier’s Memoranda to Ministers use the format: M2018-99 Title.
• References to Circulars issued by Public Employment Office use the format: P2018-99 Title

Further information and contacts

For further information or clarification on issues raised in the discussion paper, please contact:

Public Sector Industrial Relations, NSW Treasury

Telephone: 02 9228 5987

Email: psir@industrialrelations.nsw.gov.au