Employment

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Policy framework statement

The Employment Policy Framework specifies the employment governance requirements that all Health Service Providers (HSPs) must comply with in order to ensure an effective and consistent approach to industrial relations, human resource management, and ethics and integrity across the WA health system.

Purpose

The Director General (DG) of the Department of Health is the System Manager responsible for the overall management, strategic direction and stewardship of the WA health system. The DG will use policy frameworks to ensure a consistent approach to a range of matters undertaken by HSPs. Policy frameworks must be complied with and implemented as a part of ongoing operations.

The purpose of this policy framework is to ensure:

  • HSPs will each be the employing authority accountable for the discharge of all employment functions in relation to their staff
  • all HSP staff members are subject to, and able to access consistent employment policies and standards across the WA health system.

Applicability

This policy framework is binding on each HSP to which it applies or relates.

Principles

The WA health system will ensure its industrial relations, human resource management and ethics and integrity policy obligations align, and are consistent with government and national policy and legislation, and are communicated and implemented, as appropriate, with all relevant stakeholders.

Legislative context

The Health Services Act 2016 refers to policy frameworks in ss. 26-27 and s. 34(2)(c). 

Other relevant parts in the Act that relate specifically to this policy framework include s. 20(1)(f),(h) and (i), Parts 9-12 and associated Regulations.

The legislation below, may also apply:

  • Corruption, Crime and Misconduct Act 2003
  • Equal Opportunity Act 1984
  • Health Practitioner Regulation National Law (WA) Act 2010
  • Industrial Relations Act 1979
  • Migration Act 1958 (Cwlth)
  • Occupational Safety and Health Act 1984
  • Public Sector Management Act 1994 (and Regulations)
  • Working with Children (Criminal Record Checking) Act 2004

Mandatory requirements

Under this policy framework HSPs must comply with all mandatory requirements* including:

Human Resource Management

Public sector policies

The Western Australian Public Sector Commissioner establishes minimum standards of merit, equity and probity to be complied with in the public sector which includes all entities across the WA health system. The Public Sector Standards in Human Resource Management include:

Commissioner Instructions are instruments issued by the Public Sector Commissioner of the Public Sector Management Act 1994 s. 22(A) which provide directions to public sector bodies and/or staff. Instructions applicable to HSPs include:

Treasurer’s Instructions issued with respect to matters of financial administration under the Financial Management Act 2006 s. 78 must be observed by all agencies to which they apply. Instructions applicable to HSPs include:

Conduct Ethics and Integrity

The WA health system’s Code of Conduct identifies the fundamental values, and translates these values into principles that guide conduct in the workplace. It defines the standards of ethical and professional conduct and outlines the behaviours expected across the WA health system.

Mandatory policies related to conduct, ethics and integrity include:

Industrial Relations

The WA Health Industrial Relations Policy outlines the service delivery responsibilities of the Director General (DG) and the Chief Executives of Health Service Providers (HSPs) in relation to industrial relations matters.  

The DG is responsible for the negotiation and registration of health specific industrial agreements and awards. These are registered and maintained by the WA Industrial Relations Commission. The DG sets the employment conditions of HSP employees through these binding agreements and awards. 

HSPs may not establish or enter registered industrial agreements and awards. WA health system agreements and awards are centrally located on the Awards and Agreements Library. This library is updated regularly to include replacement industrial agreements and previous industrial agreements are archived for ease of reference. 

Mandatory industrial relations policies include:

Health Executive Service

In accordance with the Health Services Act 2016. 20(1)(h), 26(1)(h), ss.105-138 the DG will establish a Health Executive Service (HES). The HES is an executive group across HSPs that is mobile through the WA health system within a consistent and standardised classification and remuneration framework.

*Any mandatory requirement document that references the Hospitals and Health Act 1927 must be interpreted as a requirement under the Health Services Act 2016.

Supporting information

Industrial Relations

Policy framework custodian

A/Assistant Director General
Strategy and Governance 

Enquiries relating to this policy framework may be directed to: PolicyFrameworkSupport@health.wa.gov.au


Review

This policy framework will be reviewed as required to ensure relevance and recency. At a minimum this policy framework will be reviewed within two years after first issue and at least every three years thereafter.

This policy framework will be reviewed as required to ensure relevance and recency. At a minimum this policy framework will be reviewed within two years after first issue and at least every three years thereafter.

Version Effective from Effective to Amendment(s)
1 1 July 2016 14 September 2016 Original version
2 14 September 2016 2 December 2016 Added new WA Health - HSUWA - PACTS Industrial Agreement 2016, supersedes WA Health - HSUWA - PACTS Industrial Agreement 2014.
3 2 December 2016 29 December 2016 New MP 0040/16 superseding MP 0027/16.Rescinded MP 0027/16.New MP 0041/16 supersedes MP 0030/16.Rescinded MP 0030/16.
4 29 December 2016 4 January 2017 Amended MP 0029/16.  New MP 0043/16. New MP 0042/16, superseding OD 0544/14 and OD 0449/13. Rescinded OD 0544/14 and OD 0449/13 from Mandatory Requirements.
5 4 January 2017 3 April 2017 New MP 0044/17
6 3 April 2017 11 May 2017 New MP 0048/17
7 11 May 2017 6 July 2017 Rescinded IC 0126/12
8 6 July 2017 16 August 2017 Rescinded OD 0624/15 from Supporting Information
9 16 August 2017 6 September 2017 New MP 0064/17
10 6 September 2017 21 September 2017 New MP 0065/17, superseding OD 0599/15
11 21 September 2017 28 September 2017 Major Amendment MP 0031/16
12 28 September 2017 14 December 2017 Rescinded MP 0028/16, OD 050/14, OD 0639/15, OD 0408/12, OD 0619/15, OD 0603/15, OD 0638/15, IC 0234/15, IC 0233/15, OP 1845/04, IC 0205/14, IC 0232/15, OP 0500/94, OP 0072/91, OP 0496/94, OP 0045/91 from Mandatory Requirements
13 14 December 2017 11 April 2018 New MP 0075/17. Note: Policy published on 13 December, but not added to Policy Framework until 14 December 2017
14 11 April 2018 3 July 2018 New MP 0082/18, superseding MP 0020/16. Major Amendment to MP 0075/17
15 3 July 2018 28 September 2018 Industrial Agreements removed from the body of the Policy Framework.
16 28 September 2018 18 October 2018 Rescinded IC 0118/12 from Supporting Information
17 18 October 2018 22 November 2018 Major amendment to Classification Policy – MP0082/18
18 22 November 2018 24 December 2018 New MP 0096/18.
New MP 0097/18, superseding OD 0581/14.
New MP 0100/18.
Rescinded OP 1606/02, OD 0601/125, OD 0602/15, OP 1821/04, OP 0586/15, IC 0086/11 from Mandatory requirements.
OP 1850 removed from Employment Policy Framework but still active as a Mandatory requirement within the Legal Policy Framework.
 19  13 December 2018  24 December 2018  OD 0634/15 and OD 0656/16 allocated to the framework. 
 20  24 December 2018  Current New MP 0102/18 superseding OP 1753/04, OP 2038/06, OP 2070/06, OP 2103/06, OD 0030 & OD 0386/12.       
Major amendment to MP 0075/17. 

Approval

This policy framework has been approved and issued by the Director General of the Department of Health as the System Manager.

Approval byDr David Russell-Weisz, Director General, Department of Health
Approval date01 July 2016
Date published22 November 2018
File numberF-AA-40147

Compliance

This policy framework is binding on those to whom it applies or relates. Implementation at a local level will be subject to audit.

Glossary of terms

Term Meaning
Applicability Under Section 26 of the Health Services Act 2016, policy frameworks may apply to:
  • All Health Service Providers
  • A type of public health service facility
  • A type of public health service
  • A type of staff member of a health service provider.
Employee

Means a person employed in a Health Service Provider and includes:

  • The Chief Executive of the Health Service Provider
  • A health executive employed in the Health Service Provider
  • A person employed in the Health Service Provider under s.140
  • A person seconded to the Health Service Provider under ss. 136 and 142.

(Refer also to s. 6 of the Health Services Act 2016).

Health Executive Service

The Health Executive Service is established by the Director General and comprises:

  1. The chief executives of health service providers; and
  2. The persons holding offices that are for the time being the subject of a determination made by the Director General.

(Refer also to s.105 of the Health Services Act 2016).

Health Service Provider Health Service Provider means a health service provider established under section 32 of the Health Services Act 2016 and may include North Metropolitan Health Service (NMHS), South Metropolitan Health Service (SMHS), Child and Adolescent Health Service (CAHS), WA Country Health Service (WACHS), East Metropolitan Health Service (EMHS), Quadriplegic Centre and Health Support Services (HSS).
Staff Member An employee in the Health Service Provider or a person engaged under a contract for service by the Health Service Provider. Refer to s. 6 of the Health Services Act 2016.
System Manager The term used for the Department CEO to reflect his role as being responsible for the overall management of the WA health system (see s.19 Health Services Act 2016).
WA health system The WA health system is comprised of the Department, Health Service Providers (NMHS, SMHS, CAHS, WACHS, EMHS, Quadriplegic Centre and HSS) and to the extent that contracted health entities provide health services to the State, the contracted health entities.