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Last updated: 15 June 1994
Circular 1994/11: Parental Leave Test Case - Implications for permanent part-time work
This publication remains current but needs to be read taking into account the repeal of the old Act and the proclamation of the new Act
The December 1992 APS Workplace Bargaining Agreement (the Agreement) recognised the obligations of the APS, under the Parental Leave Test Case (PLTC) to provide access to Permanent Part Time Work (PPTW) for officers returning from parental leave.
2. This circular, prepared in response to ongoing enquiries from departments and agencies, provides advice on the application of the PLTC provisions under the Agreement.
3. In addition the circular advises of the PPTW monitoring requirements that apply under the Agreement. It should be read in conjunction with:
- PSC Circular 1992/19 'APS Workplace Bargaining Agreement - Implementing Changes to Service-wide Arrangements'; and
- DIR memorandum of 31 May 1993 'APS S134C Agreement - Memorandum No 9' on flexibility in hours of work for part time officers.
The Parental Leave Test Case
4. The PLTC decision was handed down by the Australian Industrial Relations Commission (AIRC) in June 1990. It applied to a number of private sector awards which provided the vehicle for the test case. It has since been inserted in a large number of private sector awards.
5. Main aspects of the decision of relevance to PPTW in the APS include:
- parents may engage in part time work in association with the birth or adoption of their child;
- part time employment under these provisions may only be worked with the agreement of the employer;
- part time employment approved on parental grounds would operate independently of any award provisions restricting part time work generally;
- access to part time employment under the PLTC ceases on the child's second birthday or, in the case of adoption, on the second anniversary of the placement of the child.
Operation of the PLTC provisions
6. The following outlines the PLTC decision as it applies to PPTW in the APS under the provisions of clause (d) (PPTW) of Attachment B of the Agreement.
- The PLTC decision applies only in relation to access to PPTW for officers returning from parental leave. Parental leave is considered to include maternity leave. It does not apply to other 'categories' of PPT staff who continue to be covered by usual award provisions.
- While PPTW applications from officers returning from parental leave require the agreement of the employer, consideration of requests should take full account of the purpose and spirit of the PLTC provisions. It is to assist the parents of young children to balance work and family responsibilities and to more effectively integrate their skills and experience back into the Service. It is expected that supervisors will take a positive view in considering PPTW applications from officers returning from parental leave.
- Award provisions which limit or restrict the circumstances in which PPTW may be worked,
and which do not apply to officers returning from parental leave, include:
- the service-wide PPTW quota;
- prescribed minimum and maximum part time hours; and
- prior union consultation.
- Award provisions prescribing minimum or maximum hours of duty do not apply to officers returning from parental leave but prescribed weekly hours of duty of officers working PPTW must be agreed with supervisors.
- The right to work PPTW under the PLTC provision ceases on the child's second birthday,
or in the case of adoption, on the second anniversary of the placement of the child.
- applications for PPTW after that date should proceed through the processes prescribed by the relevant PPTW award.
- Unless otherwise specified above, the standard PPTW award conditions apply to staff
working PPT under the PLTC provisions. These include (but are not limited to):
- overtime;
- leave entitlements;
- the right of reversion and conversion; and
- monitoring and reporting requirements.
Relevant unions must be notified of staff returning from parental leave and undertaking PPTW, including details of how any residual duties are to be handled.
Monitoring requirements
7. Most PPTW awards require departments and agencies to provide the relevant union and the Public Service Commission (PSC) with six monthly returns on the incidence of PPTW.
8. The Agreement provides that the PSC will continue to monitor the use of PPTW across the APS and provide six monthly reports to the unions advising of total staff numbers covered and usage by agency. In this regard the PSC has introduced revised arrangements under which six monthly reports on PPTW usage are obtained from the Department of Finance through its Staff Monitor System. This means that departments and agencies are no longer required to forward six monthly returns to the PSC.
Further advice
9. Any queries regarding the advice contained in this circular should be directed through your central office to either the PSMPC on (02) 6202 3859 (award based quotas, consultation arrangements, monitoring and reporting requirements) or the Conditions Enquiry Line in the Workplace Policy and Advisory Branch of the Department of Industrial Relations on (02) 6243 7614 (conditions of service, Parental Leave Test Case).
Mark Kilner
Assistant Commissioner
Merit Recruitment and Selection Branch
Public Service Commission
Helen Fisher
A/g Assistant Secretary
Workplace Policy and Advisory Branch
Department of Industrial Relations
15 June 1994
