Workforce Mobility Placement Policy

1.1.1 The NSW Government is committed to retaining valued and skilled employees and facilitating workforce mobility, in situations where employees’ roles are at risk as a result of significant restructures, machinery of government changes, adjustments to business and service delivery priorities.

1.1.2 At all times, the NSW Government remains committed to maintaining a focus on diversity across the public sector i.e., gender, people with a disability, Aboriginal and Torres Strait Islander people, and people from culturally and linguistically diverse backgrounds.

1.1.3 The aim of the NSW Government Workforce Mobility Placement Policy (the Placement Policy) is to create a streamlined, whole of Government approach to retain talent, optimise usage of employee capabilities, facilitate mobility, and reduce recruitment and redundancy expenditure, to sustain and continually improve NSW public sector service delivery.

1.1.4 The Placement Policy applies to the government sector as defined in section 3(1) of the Government Sector Employment Act 2013 (GSE Act). The Placement Policy applies to ongoing non-executive employees and does not apply to senior executives. State-owned corporations are strongly encouraged to apply the terms of the Placement Policy.

1.1.5 The Placement Policy and associated centralised workforce placement process will deliver on the Government’s commitment to ensuring that the redundancy of staff is a last resort, which should be avoided wherever practicable.

1.2.1 The Placement Policy sits alongside legislative requirements which apply to workforce mobility, including:

• sections 46 and 64 of the GSE Act;
• rule 29 of the Government Sector Employment (General) Rules 2014 (GSE Rules); and 
• Part 3, Division 2 and Schedule 2, Parts 1 and 2 of the Government Sector Employment Regulation 2014 (GSE Regulation).

1.2.2 The Placement Policy does not affect the requirements of those laws and does not replace provisions in current industrial instruments and active Premier’s Memoranda.

1.2.3 The Placement Policy should be applied prior to an agency head determining that an employee is deemed excess to agency requirements and before the application of the Managing Excess Employees Policy (Premier’s Memorandum 2011-11) (MEE Policy) (in circumstances where the MEE Policy applies to that employee).

1.2.4 The Placement Policy is not to be used for the purposes of dealing with unsatisfactory performance or for the purposes of promoting employees.

2.1.1 Capability review period is a period of up to 10 business days in which the employing agency is required to complete the capability review of the matched impacted employee.

2.1.2 Capability review process is the process undertaken by the employing agency to review the capabilities of the matched impacted employee to determine whether the employee meets, or could meet within a reasonable period of time, the capability requirements of the role and the employing agency needs.

2.1.3 Employing agency is the agency that impacted employees are, or will be, transferred to as a result of their successful placement to a matched role via the implementation of the Placement Policy.

2.1.4 Employer-initiated transfer is the transfer of an impacted employee between government sector agencies that has been initiated by the employer, in consultation with the impacted employee (section 64 of the GSE Act and rule 29 of the GSE Rules).

2.1.5 Government sector is as defined in section 3(1) of the GSE Act.

2.1.6 Home agency is the agency that employs impacted employees as defined at 2.1.7 of the Placement Policy. The home agency initiates the transfer of impacted employees to the employing agency as part of the Placement Policy. 

2.1.7 Impacted employees are employees whose employment is at risk as a result of significant restructures, machinery of government changes, and/or adjustments to business and service delivery priorities.

2.1.8 Impacted role is a role that has been identified by a home agency as being at risk as a result of significant restructures, machinery of government changes, and/or adjustments to business and service delivery priorities.

2.1.9 Matching process period is a minimum period of 5 working days during which the home agency must not advertise a role externally and must undertake the matching process for impacted employees and employees deemed excess under the MEE Policy. Only if there are no matches, can the job advertisement be released. Excess employees will continue to take first priority in this matching process.

2.1.10 Placement process period is a maximum period of 8 weeks in which impacted employees continue to be matched to vacant roles within the government sector.

2.1.11 Process for requesting concurrent approvals to commence redundancy/redeployment programs is the process whereby a home agency head consults with the Secretary of the Premier’s Department prior to declaring an employee excess.

2.1.12 Vacant roles are ongoing roles, or temporary roles of at least 12 months’ duration, that are covered by the Placement Policy, within the government sector that become, or are to become, vacant with the exception of:

a) clinical roles (including paramedics and nurses);

b) train crew roles; and; 

c) teacher, firefighter and police officer roles.

Furthe exceptions for highly specialised roles may be considered for immediate recruitment without application of the Placement Policy, subject to consultation with and approval from, the Workforce Mobility Placement Team.

2.1.13 Workforce Mobility Placement team (WMP team) is a team assigned with accountability to facilitate the implementation of the Placement Policy across the government sector.

3.1.1 Must participate proactively in the placement process, including regularly consulting with agency HR and line managers and providing additional information when required in order to facilitate potential role matching. 

3.1.2 Must provide feedback to line managers and Human Resources on their experience of participating in the placement process when requested, to continually inform stakeholders on the impact of the Placement Policy. 

3.1.3 Must continue to undertake meaningful work, assigned by the home agency, during their participation in the placement process, that is reasonably within the capabilities of the role in which they are employed.

3.2.1 The Secretaries’ Board is responsible for proactively promoting agencies’ use of the Placement Policy, commissioning sector-wide reporting at appropriate intervals to stay informed of the progress of placements across the sector and determining whether any additional action or changes are required to improve outcomes for employees and the sector.

Secretaries/Agency Heads

3.3.1 Must ensure that the home agency prioritises the placement of impacted employees by way of the Placement Policy.

3.3.2 Must ensure that the home agency proactively shares all necessary information with the employing agency, the WMP team and other agencies as appropriate, to give impacted employees the best opportunity to identify roles for their continued employment within the government sector.

3.3.3 Must ensure that the employing agency makes all efforts to fairly review the capabilities of impacted employees as part of the placement process, including ensuring that the delegation for the hiring approval process under the Placement Policy is exercised at the appropriate executive level.

Chief People Officers and equivalent roles 

3.3.4 Must support Secretaries and Agency Heads to ensure the prioritisation of the placement of impacted employees in accordance with the Placement Policy.

3.3.5 Responsible for the support of impacted employees. 

3.3.6 Provide advice and support to agencies within their portfolio on the application of the Placement Policy.

3.3.7 Must share relevant information with the Chief People Officers network (CPO network) and support the reporting requirements of the WMP Team. 

Human Resources and Line Managers (Home Agencies and Employing Agencies)

3.3.8 Home agencies must identify impacted roles and notify and consult with impacted employees, as early as possible to expedite implementation of the Placement Policy and reduce the length of time impacted employees are a part of the placement process. 

3.3.9 Home agencies initiate the transfer of impacted employees to the employing agency as part of the Placement Policy. 

3.3.10 Home agencies must continue to assign meaningful work to impacted employees during their participation in the placement process, that is reasonably within the role capabilities in which impacted employees are employed.

3.3.11 Home agencies must ensure candidate information is of a high quality and readily accessible to enable better decision making during the placement process. 

3.3.12 Employing agencies must prepare consistent and transparent role descriptions to minimise ‘mismatching.’

3.3.13 Home agencies must consult with impacted employees during the placement process, recognising individual needs and career aspirations. 

3.3.14 Home agencies to manage impacted employee expectations regarding potential outcomes as a result of the placement process. 

3.3.15 Employing agencies to undertake a capability review of the matched impacted employee to determine whether the employee meets the capability requirements of the role.

3.3.16 Home agencies must provide evidence to the WMP Team on the use of the Placement Policy and that the placement process has been exhausted, prior to seeking approval to access the MEE Policy, via the process for requesting concurrent approvals to commence redundancy/redeployment programs.

3.3.17 Home agencies and employing agencies to agree and collaborate on the transfer of impacted employees who have been successful in being offered a role by the employing agency. 

3.3.18 Employing agencies must review their current use of contractors and consultants to determine whether any of those roles can be replaced with ongoing roles.

3.3.19 Home agencies must provide timely data to the WMP Team to enable reporting to the Secretaries Board.

3.3.20 Home agencies to obtain impacted employee feedback on their experience of the Placement Policy to inform relevant stakeholders. 

3.3.21 Home agencies to offer continued training and skills development opportunities to impacted employees to improve successful matching to available roles. 

3.3.22 Home agencies to provide reasonable feedback to participants who are unsuccessful in role matches to boost future placement prospects.

3.3.23 Home agencies and employing agencies to engage in education and awareness programs to enhance cross-agency commitment to the Placement Policy.

3.4.1 Oversee the application of the Placement Policy to ensure maximal cross-agency and employee engagement and adherence. 

3.4.2 Working with relevant agency HR contacts, facilitate role matching as part of the centralised workforce placement process. 

3.4.3 Assess whether home agencies have met the criteria required under the Placement Policy to demonstrate that the placement process has been exhausted, prior to advising the home agency that they can seek approval to access the MEE Policy, via the process for requesting approvals/concurrence to commence redundancy/redeployment programs. 

3.4.4 Assess whether the employing agency has made all efforts in fairly reviewing impacted employees for placement, prior to approving external advertising of vacant roles.

3.4.5 In circumstances where the employing agency has completed a capability review and deemed an impacted employee not successful, the WMP Team may request additional information from the employing agency to assist in further discussions with the employing agency to determine why the impacted employee was not suitable for the role.

3.4.6 Support home and employing agencies to complete employer-initiated transfers efficiently to provide timely, professional and cost-effective movement of successfully placed employees between agencies.

3.4.7 Assist in building home and employing agencies’ awareness and knowledge on the process and benefits of the Placement Policy to ensure greater sectoral understanding.

3.4.8 Evaluate impacted employee feedback received from home agencies to optimise future performance of the Placement Policy and share success stories.

3.4.9 Share best practice and provide guidance through the CPO network.

3.4.10 Report to the Secretaries Board on agency participation and application of the Placement Policy as directed. 

3.5.1 Provide strategic support and advice to agencies, WMP Team and the CPO Network on workforce and industrial relations considerations regarding the application of the Placement Policy.

3.5.2 Address workforce and industrial relations issues that arise as a result of the implementation and ongoing operation of the Placement Policy and develop rules where required and appropriate.

3.5.3 Lead consultation with unions to identify and address any practical implications of the implementation and ongoing application of the Placement Policy.

4.1.1 Prior to an agency job advertisement for a vacant role being released, home agencies must undertake a matching process to identify whether a vacant role is a match for an impacted employee. Bulk and/or targeted recruitment exercises must also be considered as part of the matching process, however, an agency can seek approval from the WMP Team to release advertisements for bulk and/or targeted recruitment, whilst the matching process is undertaken.

4.1.2 In undertaking the matching process, home agencies should consider the capabilities and associated behaviours outlined in the NSW Public Sector Capability Framework, in addition to the employing agencies role-specific capability requirements. 

4.1.3 The matching process is required to be conducted within five working days, in which time the home agency must conduct the matching process for impacted employees and those deemed excess under the MEE Policy. If there are no matches at the completion of the matching process period, the job advertisement can be published externally. Excess employees will continue to take priority in all matching and recruitment activities. Agencies may conduct internal matching within their agency before beginning a matching process or may run internal and cross-sector matching concurrently, depending on their requirements.

4.1.4 Employing agencies are to consider the impacted employee’s grade/level, salary, location (including a location determined as a result of current flexible working arrangements) and the employee’s capabilities as against the grade/level, salary, requirements and capabilities of the vacant role.

Capability review for impacted employees 

4.1.5 Where a match is identified, the vacant role is not to be advertised and the employing agency must undertake a capability review for the impacted employee. The WMP Team will have oversight of this process. An employing agency must complete their capability review for the impacted employee within 10 working days.

4.1.6 The capability review considers the capabilities of the impacted employee and the employing agencies role-specific capability requirements. The capability review process should also refer to any relevant information regarding capabilities and associated behaviours outlined in the NSW Public Sector Capability Framework requirements.

4.1.7 If, following the capability review, the impacted employee is found to meet the capability requirements of the vacant role, the employee is notified of the match and is given an offer in writing from the employing agency. The offer letter to transfer into the employing agency should contain details on the role that has been matched, the commencement date, the classification of work and salary, as well as the location and hours of work. The impacted employee will also be invited to make any submissions in relation to the proposed transfer to the matched role. Reasonable notice must be provided to the employee of the transfer by the home agency and employees must be advised that they can request a review of the transfer within 10 business days after being notified of the transfer.

4.1.8 If, after consultation, the impacted employee agrees to the transfer, the transfer process is commenced between the home and employing agencies to release the employee within 3 weeks (with the option for the home agency and employing agency to negotiate a longer or shorter period). The employee will not be subject to a period of probation following placement in the new role. However, appropriate service and conduct checks need to be undertaken including a criminal records check (if the role ordinarily requires one to be undertaken).

4.1.9 If, following the capability review, the impacted employee is found not to meet the capability requirements of the role, the employing agency must provide reasons of this to the home agency, the WMP Team and the impacted employee. If there are any concerns raised by the home agency, the WMP Team and the impacted employee, these will be discussed with the employing agency to ensure that all efforts to fairly review the capabilities of impacted employees have been made. Subject to these discussions, or if the impacted employee will not meet the capability requirements for the role within a reasonable period of time, the vacant role will be released for external advertisement. The reasons as to why the impacted employee has not met the capability requirements of the role should also be provided by the home agency to the impacted employee for their information and, if required, for further development.

4.1.10 In circumstances where the employing agency has determined that the impacted employee does not meet the capability requirements of the role, but the home agency and/or the impacted employee is of the view that they do, the WMP Team may request additional information from the employing agency and the impacted employee, to assist in further discussions with the employing agency to determine whether the impacted employee does not meet the capability requirements of the role. 

4.1.11 If, after consultation, the impacted employee is notified of a comparable role within the NSW government sector by way of the placement process and does not accept the offer, consideration should be given as to whether personal circumstances and/or other considerations prevent the impacted employee from accepting the offer. These issues should be discussed confidentially between the home agency and the impacted employee in the first instance.

4.1.12 Depending on the reasons for the impacted employee refusing to accept a matched role, the employee can be transferred under an employer-initiated transfer between government sector agencies, following consultation and with reasonable notice, without requiring employee consent (with recourse to a review of the transfer) under section 64 GSE Act and rule 29 of the GSE Rules.

4.1.13 The maximum period that an impacted employee continues to be matched under the placement process is 8 weeks. If the impacted employee is not matched to a role at the end of the 8-week placement process period, or no further matches have been made before the 8-week period expires, the home agency may consider initiating the process for requesting concurrent approvals to commence redundancy/redeployment programs.

5.1.1 Where the home agency identifies impacted roles the agency must exhaust the requirements of the Placement Policy, and demonstrate that the placement process has been exhausted prior to seeking approval to access the MEE Policy, via the process for requesting concurrent approvals to commence redundancy/redeployment programs.

5.1.2 Employing agencies must demonstrate to the WMP Team, in writing, that impacted employees have not met the capability requirements of the matched role, or that the impacted employee will not meet the capability requirements for the role within a reasonable period of time.

5.1.3 Consultation is an important part of the Placement Policy and provides the impacted employee, the home and employing agencies the opportunity to discuss the reasons for a placement and concerns raised, including any impacts on the impacted employee’s career aspirations, flexible working arrangements and financial position. 

5.1.4 Consultation must occur with impacted employees during the relevant stages of the centralised placement process. In particular, home agencies must consult with impacted employees to ensure they are made aware of the reasons as to why, following an unsuccessful capability review, they have not met the requirements of the role. 

5.1.5 If impacted employees are successful in meeting the capability requirements of a vacant role, home agencies must consult with employees regarding the proposed transfer to the employing agency, including providing role information and estimated timeframes for completion of the transfer. 

5.1.6 Impacted employees who refuse to accept a role, following a successful capability review, are to be advised that employer-initiated transfers between government sector agencies can occur, following consultation and with reasonable notice, without requiring employee consent (with recourse to a review of the transfer) (section 64 GSE Act and rule 29 GSE Rules).

5.2.1 If multiple roles are deemed as matches, an impacted employee will be permitted to list the matched roles by order of personal preference. Every effort should be made to accommodate the preference of impacted employees. 

5.2.2 Impacted employees can nominate, and advise their line managers, of their preferred locations. Nominated locations will be considered as part of the placement process but will not be a determinative factor when matching to vacant roles. Agencies should take into consideration reasonable and relevant factors that support impacted employees nominated preferred locations, including, but not limited to, transport availability, length of commute, and personal commitments that may be impacted by work location. 

5.2.3 If required, employing agencies are to provide appropriate training and support to ensure a successful transition for the impacted employee into their new role. 

5.2.4 Impacted employees are not precluded from applying for other roles and can advise their home agency of recruitment opportunities that arise outside the Placement Policy process that they may wish to apply for.

5.3.1 A government sector employee may only be transferred to another agency at the same or equivalent grade or level unless the impacted employee consents to a transfer at a lower level.

5.3.2 Where the impacted employee’s current role and their matched role are at the same or equivalent grade or level, but the remuneration of the roles is different, an assignment to a role with a different remuneration but at the equivalent grade or level of work should meet the following criteria:

• The maximum salary of the grade in the new role is no more than 5 per cent greater than the maximum salary in the grade of the current assigned role.
• The employee is to be assigned to the closest salary point in the new salary scale that is the same or greater than the employee’s current salary.
• If the maximum salary for the grade (i.e. the highest increment the employee may progress to in that grade) in the new role is less than the maximum that the employee could progress to in the employee’s current role, the employee’s written consent is required.
• In circumstances where the capabilities of both roles are matched, but the employee’s current role has a higher salary, consideration must be given by the employing agency to maintain the employee’s current salary until the salary in the new role aligns to the employee’s current salary.

5.3.3 The remuneration of an impacted employee who is transferred is not to be reduced without the approval of the employee (section 64(3) GSE Act).

5.3.4 Impacted employees transferring between government sector agencies remain employees of the NSW government and superannuation is not affected. Entitlements such as annual leave, sick leave, parental leave and extended leave are covered by legislation and relevant industrial instruments, including options available for different leave to transfer to the employing agency or be paid out to the employee. Employment conditions and any applicable flexible working arrangements will depend on the applicable industrial instruments and flexible working agreements in the employing agency.

5.4.1 Impacted employees may request, in writing to the home agency head, for a review of an employer-initiated transfer (section 64(4) GSE Act and rule 34 GSE Rules).

5.4.2 If an application for a review is made, the transfer will not have effect until the completion of the review. 

5.4.3 The request for review must be made no later than 10 business days after the day on which the impacted employee is notified of the transfer. 

5.4.4 The review is to be conducted by a senior executive (the reviewer) who was not involved in the transfer decision-making process and must be completed within 10 business days after the application for the review is made.

5.4.5 The employee may make submissions to the reviewer, including reasons why the proposed transfer or secondment would cause undue hardship to the employee. 

5.4.6 In conducting the review, the reviewer must assess whether or not the transfer is appropriate having regard to all relevant circumstances (including any submissions provided by the impacted employee). The reviewer is then to make such findings as the reviewer thinks appropriate and then provide the findings to the home agency head for final decision. 

5.4.7 The decision of the home agency head is final. The home agency head must notify the impacted employee of the decision in writing. 

5.4.8 If the home agency head determines that the proposed transfer is appropriate, the impacted employee is notified of the decision and the continued offer of employment.

5.4.9 If the home agency head determines that the proposed transfer is not appropriate, the impacted employee will continue to participate in the matching process. 

5.4.10 If the impacted employee continues to refuse the offer, they are to be advised by the home agency that the employer-initiated transfer between government sector agencies provisions have been complied with and that a transfer will take place. 

6.1 This Placement Policy will be reviewed by Public Sector Industrial Relations in the Premier’s Department every 12 months, in consultation with the WMP team, following input from agencies, relevant unions and other relevant key stakeholders.