Assignment of duties within an APS agency

Contents

Overview

An Agency Head determines the duties and the location at which those duties are to be performed by an APS employee within their agency, in accordance with section 25 of the Public Service Act 1999 (the PS Act). This power also allows an Agency Head to make changes to an employee’s duties and work location.

An Agency Head must assign a classification:

to all APS employees within their agency as required by rule 6 of the Public Service Classification Rules 2000 (Classification Rules) and
to each group of duties (generally referred to as a role or position) within their agency as required by rule 9 of the Classification Rules.

The duties should have a work value appropriate for the classification. The Australian Public Service (APS) Work Level Standards have been developed to provide a consistent platform for classifying jobs. Further information on work level standards is on the Classifications page.

Decisions to assign duties to an employee should take into account whether the employee has the work related qualities genuinely required to perform the duties. While the decision to assign duties to an employee is not a reviewable decision in accordance with the review of action provisions in the Public Service Regulations 2023 (the Regulations), the decision may be reviewable where an employee is assigned duties that they could not reasonably be expected to perform.

Agencies may have consultation obligations that should be observed when considering a change to an employee’s duties and/or work location. Consultation requirements may be set out in an agency’s employment instruments, policies and guidelines.

Move to a higher classification

Promotions

Promotion in the APS is defined in section 6 of the Australian Public Service Commissioner’s 2022 (the Directions). A promotion is the ongoing assignment of duties at a higher classification to an ongoing APS employee. To assign an employee duties at a higher classification (the promotion), an Agency Head exercises section 25 of the PS Act.

Certain requirements must be met before an APS employee can be promoted. Further information on promotions in the APS is on the Promotions page.

Advancement through a broadband

Subrule 9(4) of the Classification Rules establishes that where a group of duties spans more than one classification, the Agency Head may allocate more than one classification level to the group of duties, creating a broadband.

Advancement to a higher classification within an established broadband is not a promotion as defined in section 6 of the Directions.

When assessing an employee for advancement through a broadband, an Agency Head should consider whether:

the employee has the necessary skills and proficiencies to perform that work
the employee's performance is at least satisfactory and
there is sufficient work available at the higher classification level.

Further information on broadbanding is in the APS classification guide.

Training classifications

The Classification Rules, at Schedule 2, provide for training classifications. Where an APS employee engaged in a training classification satisfactorily finishes each training requirement, they must subsequently be allocated a corresponding operational classification in accordance with rule 11.

Agencies may consider the use of training classifications in conjunction with a broadband to facilitate advancement in a training program, subject to the agencies employment instruments and internal policy. For example, where an agency establishes a training program that advances the employee from a training classification to a higher operational classification than that mentioned in Schedule 2 of the Classification Rules, agencies may establish a broadband to facilitate the advancement.

Rule 11 does not preclude an ongoing APS employee engaged in a training classification from being assigned duties at an operational classification prior to the completion of the training program, where an Agency Head considers it appropriate to do so. For example, where the APS employee undertakes a merit-based selection exercise and is subsequently offered a role at a higher classification, they may be assigned duties at this classification in accordance with section 25 of the PS Act. While this is not a promotion as defined in section 6 of the Directions, Agency Heads must consider their obligation to uphold and promote the APS Values and APS Employment Principles. To ensure fair access to the system of review, agencies should consider first moving the trainee to the corresponding operational classification from Schedule 2 of the Classification Rules, then formally promoting them to a Schedule 1 classification.

Further information on promoting APS employees is on the Promotions page.

Temporary move to a higher classification

Section 25 of the PS Act allows an Agency Head to temporarily assign duties to an employee at a higher classification, commonly referred to as higher duties. Temporary assignment of duties at a higher classification is not a promotion and does not change the employee’s substantive classification.

Where an ongoing APS employee has temporarily transferred to another agency using section 26 of the PS Act, and is required to undertake higher duties, the Agency Head as the new employer assigns the higher duties to the employee using section 25 of the PS Act. Further information on movement between APS agencies is on the Movement Between APS Agencies page.

Providing employees an opportunity to be temporarily assigned duties at a higher classification can assist agencies in managing talent within their agency and across the APS. Further information is on the APS Talent Management page.

Move at the same classification level

An employee can be assigned to a different set of duties at their substantive classification on a temporary or ongoing basis, in accordance with section 25 of the PS Act. This may be employee initiated, or following an expression of interest or recruitment process.

Alternatively, an Agency Head may decide to assign an employee to a different set of duties to meet the operational needs of the agency. There is no requirement to advertise the vacancy or undertake a merit-based selection process in these circumstances.

Move to a lower classification level

A move to a lower classification level may be employee or employer initiated and may occur on a permanent or temporary basis. Where a movement to a lower classification occurs on a permanent basis, whether in the circumstances set out in subsection 23(4) of the PS Act or voluntarily at the initiative of the employee, the movement will be a reduction in classification. An employee whose classification is reduced on an ongoing basis will remain at the lower classification level unless they are subsequently promoted through a merit-based selection process. Where a movement occurs on a temporary basis the Agency Head or delegate assigns duties at the lower classification to the employee in accordance with section 25 of the PS Act. The temporary assignment of duties is not a reduction in the employee’s classification.

Permanent movement to a lower classification level

There are two ways in which a permanent reduction in classification may occur. A reduction in classification may occur on a permanent basis either:

by agreement between the Agency Head and the employee, for example where an employee has requested an ongoing transfer to a role at a lower classification level, or
by an Agency Head without an employee’s consent only in the circumstances set out in section 23(4) of the PS Act.

The circumstances set out in section 23(4) of the PS Act include:

as a sanction under section 15 of the PS Act where an employee has been found to have breached the Code of Conduct
in the case of an SES employee—in accordance with any requirements set out in the Directions
on the ground that the employee is excess to the requirements of the Agency at the higher classification
on the ground that the employee lacks, or has lost, an essential qualification for performing duties at the higher classification
on the ground of non-performance, or unsatisfactory performance, of duties at the higher classification
on the ground that the employee is unable to perform duties at the higher classification because of physical or mental incapacity, or
in any other circumstances prescribed by the PS Regulations.

If a relevant industrial instrument, determination under the PS Act or written contract of employment contains procedures to be followed when reducing the classification, then the Agency Head should ensure those procedures are followed as the reduction is of no effect unless they are followed as set out in section 23(5) of the PS Act.

An Agency Head may permanently reduce the classification of an employee at any time (and for any reason) if the employee agrees to that reduction. This can include situations where an employee requests an ongoing reduction in classification level to accommodate a change in personal circumstances.

Agencies should put in place procedures for handling employees’ requests for reduction in classification and include steps such as:

requiring an employee to make a request for an ongoing reduction in classification in writing,
- ensuring the employee is aware that they will be permanently reducing their classification and that they will only be able to return to the higher classification where they are promoted to the higher classification through a merit-based recruitment process
recommending the employee seeks independent financial advice to ensure they fully understand possible financial impacts of reducing their classification.

Temporary movement to a lower classification level

The APS employment framework does not provide for a temporary reduction in classification, however section 25 of the PS Act can be used to temporarily assign an employee duties at the lower classification.

Where an employee is assigned duties at a lower classification under section 25 of the PS Act the higher classification remains the employee’s substantive classification. On cessation of the temporary assignment of duties to a lower classification period the employee will return to duties at their substantive classification. This return to their substantive classification is not a promotion.

An employee who is temporarily assigned duties at a lower classification level will receive the salary determined in accordance with an industrial instrument such as an Enterprise Agreement a determination made by an Agency Head under section 24 of the PS Act (that determines the terms and conditions of employment applying to an APS employee or APS employees in an agency) or a contract of employment, providing that the instrument, determination or contract applies to the employee at their substantive classification level. This means that the employee will continue to receive salary at their substantive classification, unless a provision in an industrial instrument enables payment at the lower temporary classification.

In addition, for an SES employee, the agency’s enterprise agreement may not automatically apply to them even where they temporarily perform duties at a lower APS classification.

If the instrument that applies to the SES or non-SES employee provides for a temporary movement to a lower classification level, then agencies should follow any procedures that it sets out. If the instrument does not have a clause enabling a temporary movement to a lower classification, then the agency should seek legal advice on its options.

Agencies should ensure that employees fully understand and agree to the impact of temporarily assigning duties at the lower classification level.

For further information agencies can contact the Employment Policy team via employmentpolicy@apsc.gov.au

Changing location

The power to assign duties under section 25 of the PS Act includes the power to determine the location of duties to be performed. A move to another location can be employee initiated, alternatively an employee may be directed by their Agency Head to perform duties at another location.

Agencies may have consultation obligations that should be observed when considering a change to an employee’s work location. Consultation requirements may be set out in an agency’s employment instruments, policies and guidelines.

Review of decision to assign duties

Most assignment of duties decisions are non-reviewable. However subsection 37(2) of the Regulations provides limited circumstance to review an assignment of duties decisions. Further information on the Review of Actions scheme is on the Office of the Merit Protection Commissioner website.

Further information

HR practitioners seeking more information on assignment of duties within an APS agency can contact the Employment Policy team via employmentpolicy@apsc.gov.au or call the advice line on (02) 6202 3857.