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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 conduct and ethics across the WA health system.

Purpose

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 conduct and ethics 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

This policy framework is made pursuant to ss 26(2)(c)(d)(e)(f)(g)(h)(i)(k) of the Health Services Act 2016.

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

WA health system policies

Mandatory training for all employees includes:

Mandatory human resources policies include:

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:

Circulars and Policies issued by the Department of Mines, Industry Regulation and Safety (DMIRS) are used to provide labour relations instructions, information and advice to public sector employees. Circulars applicable to the Health Service Providers 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.

Conduct and Ethics

The WA Health Code of Conduct (Code) identifies the fundamental values of the WA health system, and translates these values into principles that guide staff members conduct in the workplace. The Code defines the standards of ethical and professional conduct and outlines the behaviours expected across the WA health system.

Mandatory policies related to conduct and ethics 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.

Health Executive Policy - MP 0075/17

Supporting information

The following documents support and inform the implementation of this policy framework:

Dental Technician (Advanced Level) Classification Progression – Dental Technicians Industrial Agreement 2015-Rescinded 25 August 2022 (See MP 0102/18 Classifications Policy)

Policy framework custodian

Assistant Director General
Strategy and Governance

Enquiries relating to this Policy Framework may be directed to: PolicyFrameworkSupport@health.wa.gov.au

Review

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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)
66	4 October 2022	Current	Amendment to MP 0102/18 Classifications Policy. Amendment to supersede MP 0082/18 Classification Policy for WA Health System Classification Review Committee. Amendments included: a policy requirement for Health Service Providers to establish and maintain a local Classification Review Committee and further detail within the Compliance Monitoring section to include information on Temporary Special Allowances and positions or classes of positions which have significant industry wide flow on implications.
65	15 September 2022	4 October 2022	Employment Policy Framework Supporting Information: Dental Technician (Advanced Level) Classifications Progression - Dental Technicians Industrial Agreement 2015 rescinded. See MP 0102/18 Classifications Policy for updated Dental Technician (Advanced Level) Classifications Progression document.
64	25 August 2022	15 September 2022	Policy review of MP 0102/18 Classification Policy. Inclusion of Dental Technician (Advanced Level) Classification Progression as a related document.
63	23 August 2022	25 August 2022	Amendments to the policy contact of the following policies: MP 0044/17 Clinical Academic Funding Policy MP 0147/20 Leave Management for Senior Medial Practitioners Policy MP 0148/20 Payment for Patient Escorting Duties for Nurses Policy MP 0150/20 Travelling Allowance: Categories of Accommodation Policy MP 0151/20 Unauthorised Stoppages: Payment of Wages and Effect on Entitlements Policy MP 0149/20 Terms of Employment of Interpreters Policy MP 0116/19 Grievance Resolution Policy MP 0117/19 Prevention of Workplace Bullying Policy MP 0033/16 Recruitment Selection and Appointment Policy MP 0159/21 Workplace Aggression and Violence Policy
62	12 August 2022	23 August 2022	Amendment to MP 0075/17 Health Executive Policy. Major Amendments to Related Documents including: Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure. Amendments are to reflect changes to the composition of the Health Executive Service.
61	4 July 2022	12 August 2022	Amendment to MP 0075/17 Health Executive Policy. Major amendment to Related document - Health Executive Classification and Remuneration Structure.
60	17 May 2022	4 July 2022	Amendment to MP 0075/17 Health Executive Policy. Major Amendments to Related Documents including: Consolidation of determined executive offices in the health executive service, Health Executive Classification and Remuneration Structure and Medical Practitioner Only HES Offices. Amendments are to reflect changes to the composition of the Health Executive Service.
59	7 February 2022	17 May 2022	MP 0048/17 Centralised Intern Application Policy - Major amendments to policy as follows: Altered the title of the Policy for clarification and consistency in terminology. Strengthened the purpose of the Policy to include reference to the National Medical Intern Data Management Working Group. Reclassification of the 2006 COAG Agreement Supporting Information document to a Related Document. Updated the Centralised Intern Application and Allocation Process Related Document.
58	16 November 2021	7 February 2022	MP 0116/19 Grievance Resolution Policy - Amendments to policy to broaden applicability to include the Department of Health resulting in subsequent updates to legislative requirements, definitions, references and links.
57	25 October 2021	16 November 2021	MP 0075/17 Health Executive Policy - Major amendments made to Related documents: Consolidation of determined executive offices in the health executive service, Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.
56	24 September 2021	25 October 2021	Minor amendments to MP 0151/20 Unauthorised Stoppages: Payment of Wages and Effect on Entitlements Policy. Deletion of requirement to obtain approval from the Minister for Industrial Relations for the payment of wages during an unauthorised stoppage and inclusion of the following Related documents: DMIRS Government Sector Labour Relations Policy Statement - Industrial Action. DMIRS Circular to Departments and Authorities No. 14 of 1980 - Unauthorised Stoppages - Effect on Sick Leave Entitlements - Wages Employees.
55	20 August 2021	24 September 2021	Changes to wording on the Employment Policy Framework, removed the use of the term 'integrity' and replaced with 'conduct and ethics'. Realigned the wording for Code of Conduct to match the working on the Integrity Policy Framework landing page.
54	29 July 2021	20 August 2021	Major Amendment: MP 0097/18 Aboriginal Workforce Policy - amended to reflect changes to identified internal and state policies and the Aboriginal Workforce Policy Report endorsement process. Related Document: Amended to reflect changes to the endorsed process and refinement strategy 1 and 2 measures to support data collection. As a full Policy review was undertaken, a new review cycle will commence.
53	19 July 2021	29 July 2021	MP 0075/17 Health Executive Policy - Major amendments to Related documents; Health Executive Classification and Remuneration Structure, HES appointment acting form (remuneration up to midpoint), HES remuneration increase form (midpoint and below) to reflect the Director General's determination to increase the total remuneration values outlined in the Health Executive Classification and Remuneration Structure effective from 1 July 2021.
52	1 July 2021	19 July 2021	Rescinded: OD 0292/10 and IC 0226/15.
51	30 June 2021	1 July 2021	Retitle IC 0235/15 and relocate from Mandatory requirements to Supporting information as part of the OD/IC Project while under redevelopment to a Mandatory Policy. Retitle OD 0454/13, OD 0275/10 and Guidelines as part of the OD/IC Project while under redevelopment to a Mandatory Policy.
50	17 June 2021	30 June 2021	Major Amendment: MP 0048/17 Centralised Intern Application and Allocation Policy. Amended to remove outdated related documents and transition the ownership of the Policy from the System-Wide Industrial Relations to PMCWA.
49	3 June 2021	17 June 2021	MP 0075/17 Health Executive Policy - Major amendments to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.
48	10 May 2021	3 June 2021	New MP 0159/21 Workplace Aggression and Violence Policy.
47	4 May 2021	10 May 2021	MP 0075/17 Health Executive Policy - Major amendments to Related document Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.
46	17 March 2021	4 May 2021	Major Amendment to MP 0065/17 Aboriginal Cultural eLearning Policy.
45	23 December 2020	17 March 2021	MP 0075/17 Health Executive Policy - Major amendments to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES. IC 0212/15 superseded by MP 0147/20 Leave Management for Senior Medical Practitioners Policy. OP 1858/04 superseded by MP 0148/20 Payment for Patient Escorting Duties for Nurses Policy. OD 0120/08 superseded by MP 0149/20 Terms of Employment of Interpreters Policy. OD 0044/07 superseded by MP 0150/20 Travelling Allowance: Categories of Accommodation Policy. OP 0427/94 superseded by MP 0151/20 Unauthorised Stoppages: Payment of Wages and Effect on Entitlements Policy.
44	27 November 2020	23 December 2020	Rescinded: OD 0156/08.
43	19 October 2020	27 November 2020	Rescinded: IC 0158/13, IC 0159/13, IC 0160/13, IC 0161/13, IC 0162/13, IC 0163/13, IC 0157/13, IC 0107/11, IC 0109/11, IC 0104/11, IC 0076/10, IC 0209/14, IC 0211/15, IC 0149/13 and IC 0225/15.
42	24 April 2020	19 October 2020	Major Amendment to MP0033/16 Recruitment, Selection and Appointment Policy.
41	22 April 2020	24 April 2020	Minor amendment to Employment Policy Framework, Mandatory requirements to amend statement on Treasurer’s Instructions applicable to HSPs including removal of hyperlinks to Records of attendance and time worked and Transfer of Employees.
40	3 April 2020	22 April 2020	Rescinded OP 1850/04 and OP 1861/04. Minor amendment to Employment Policy Framework to fix hyperlink to Records Awareness Training.
39	2 April 2020	3 April 2020	MP 0075/17 Health Executive Policy - Major amendments made to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES. Minor amendment made to Supporting information, Document control and Policy webpage.
38	14 January 2020	2 April 2020	MP 0075/17 Health Executive Policy - Major amendments made to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES. Minor amendment made to the Policy document to transition to the current Policy template.
37	2 January 2020	14 January 2020	MP 0040/16 Discipline Policy superseded by New MP 0127/20 Discipline Policy (mandatory requirement under the Integrity Policy Framework). New MP 0128/20 Use of Official Information, Digital Services (Social Media) and Public Comment Policy superseded OD 0327/11 and OD 0656/16.
36	12 December 2019	2 January 2020	Major Amendment to MP 0075/17 Health Executive Policy - amendment to Related document Health Executive Classification and Remuneration Structure to reflect one change to the composition of the HES. Hyperlink amended to correct version for Related document HES remuneration increase form midpoint and below.
35	19 November 2019	12 December 2019	MP 0075/17 Health Executive Policy - Major amendments to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.
34	8 November 2019	19 November 2019	Rescinded: (Mandatory) OD 0372/12 and OD 0373/12; Rescinded: (Supporting information) IC 0089/11, IC 0122/12, IC 0224/15, IC 0183/14, IC 0131/13, IC 0219/15, IC 0130/13 and IC 0213/15.
33	31 October 2019	8 November 2019	MP 0031/16 Code of Conduct superseded by MP 0124/19 Code of Conduct Policy. MP 0029/16 Notifying Misconduct Policy superseded by MP 0125/19 Notifiable and Reportable Conduct Policy. MP 0043/16 Reporting of Criminal Conduct and Professional Misconduct Policy superseded by MP 0125/19 Notifiable and Reportable Conduct Policy. MP 0032/16 Pre-Employment Integrity Check Policy superseded by MP 0126/19 Pre-Employment Integrity Check Policy. MP 0124/19 Code of Conduct Policy, MP 0125/19 Notifiable and Reportable Conduct Policy and MP 0126/19 Pre-Employment Integrity Check Policy are mandatory requirements of the Integrity Policy Framework.
32	28 October 2019	31 October 2019	MP 0034/16 Salary Packaging Policy superseded by new MP 0123/19 Salary Packaging Policy through a Major Amendment.
31	22 August 2019	28 October 2019	MP 0075/17 Health Executive Policy - Major Amendment to Related document HES rationale for remuneration above midpoint form to remove reference to supporting attachments and clarify the effective date for the new health executive appointments.
30	16 August 2019	22 August 2019	Rescinded: (Mandatory) OD 0556/14, (Supporting Information) OP 0524/19, OP 1549/02, OP 1464/01, IC 0148/13, IC 0144/13, IC 0139/13 and OP 1875/04.
29	12 & 13 August 2019	16 August 2019	New Mandatory Policies: MP 0116/19 Grievance Resolution Policy (supersedes OD 0452/13); MP 0117/19 Prevention of Workplace Bullying Policy (supersedes OD 0437/13); and MP 0118/19 Equal Opportunity, Discrimination and Harassment Policy (supersedes OD 0438/13; OD 0649/16 and OD 0634/15).
28	8 August 2019	12 August 2019	MP 0075/17 Health Executive Policy - Major amendments to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.
27	10 July 2019	8 August 2019	Rescinded OD 0563/14 (superseded by MP 0112/19 Gifts, Benefits and Hospitality Policy, within the Integrity Policy Framework) and OD 0264/10 (superseded by MP 0113/19 Managing Conflicts of Interest Policy, within the Integrity Policy Framework).
26	28 June 2019	10 July 2019	Major Amendment to MP 0075/17 Health Executive Policy - amendment to Related document Health Executive Classification and Remuneration Structure to incorporate the A/Director General's determination on 7 June 2019 to increase the annual salary component for each health executive office specified in the Health Executive Classification and Remuneration Structure by $1,000, effective from 1 July 2019.
25	9 May 2019	28 June 2019	Major Amendment to MP 0075/17 Health Executive Policy - amendments made to reflect changes to the composition of the Health Executive Service (HES) and to clarify matters in the related forms.
24	28 March 2019	9 May 2019	Rescinded IC 0165/13; IC 0218/15; IC 0204/14; IC 0221/15; IC 0206/14; OP 1907/05 from Supporting Information.
23	27 March 2019	28 March 2019	Rescinded IC 0121/12; OP 1563/02; IC 0222/15; IC 0227/15; IC 0196/14; IC 0184/14; IC 0185/14; IC 0176/14; IC 0191/14; IC 0092/11; IC 0137/13; IC 0214/15; IC 0175/14 from Supporting Information.
22	26 March 2019	27 March 2019	Rescinded IC 0145/13 from Supporting Information.
21	21 March 2019	26 March 2019	Rescinded IC 0202/14 from Supporting Information.
20	24 December 2018	21 March 2019	New MP 0102/18 Classification Policy superseding OP 1753/04, OP 2038/06, OP 2070/06, OP 2103/06, OD 0030 & OD 0386/12. Major amendment to MP 0075/17 Health Executive Policy.
19	13 December 2018	24 December 2018	OD 0634/15 and OD 0656/16 allocated to the framework.
18	22 November 2018	13 December 2018	New MP 0096/18 Health Care Facilities Medical Advisory Committee Policy. New MP 0097/18 Aboriginal Workforce Policy, superseded OD 0581/14. New MP 0100/18 Management of Accrued Leave Policy. 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.
17	18 October 2018	22 November 2018	Major amendment to MP 0082/18 Classification Policy for WA Health System Classification Review Committee.
16	28 September 2018	18 October 2018	Rescinded IC 0118/12 from Supporting Information.
15	3 July 2018	28 September 2018	Industrial Agreements removed from the body of the Policy Framework.
14	11 April 2018	3 July 2018	New MP 0082/18 Classification Policy for WA Health System Classification Review Committee, superseding MP 0020/16 Classification Policy. Major Amendment to MP 0075/17 Health Executive Policy.
13	14 December 2017	11 April 2018	New MP 0075/17 Health Executive Policy. Note: Policy published on 13 December, but not added to Policy Framework until 14 December 2017.
12	28 September 2017	14 December 2017	Rescinded MP 0028/16 Redeployment and Redundancy Policy, 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.
11	21 September 2017	28 September 2017	Major Amendment MP 0031/16 Code of Conduct.
10	6 September 2017	21 September 2017	New MP 0065/17 Aboriginal Cultural eLearning Policy, superseding OD 0599/15.
9	16 August 2017	6 September 2017	New MP 0064/17 Appointment of Interns and Progression to Resident Medical Officer Policy.
8	6 July 2017	16 August 2017	Rescinded OD 0624/15 from Supporting Information.
7	11 May 2017	6 July 2017	Rescinded IC 0126/12.
6	3 April 2017	11 May 2017	New MP 0048/17 Centralised Intern Application and Allocation Policy.
5	4 January 2017	3 April 2017	New MP 0044/17 Clinical Academic Funding Policy.
4	29 December 2016	4 January 2017	Amended MP 0029/16 Notifying Misconduct Policy. New MP 0043/16 Reporting of Criminal Conduct and Professional Misconduct Policy. New MP 0042/16 Standardised Position Titles Policy, superseded OD 0544/14 and OD 0449/13. Rescinded OD 0544/14 and OD 0449/13 from Mandatory Requirements.
3	2 December 2016	29 December 2016	New MP 0040/16 Discipline Policy with Explanatory Notes and Templates Letters superseded MP 0027/16 Misconduct Policy. New MP 0041/16 Managing Unsatisfactory and Substandard Performance Policy with Explanatory Notes, PIP and Template Letters superseded MP 0030/16 Managing Unsatisfactory and Substandard Performance Policy.
2	14 September 2016	2 December 2016	Added new WA Health - HSUWA - PACTS Industrial Agreement 2016, supersedes WA Health - HSUWA - PACTS Industrial Agreement 2014.
1	1 July 2016	14 September 2016	Original version

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Approval

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

Approval by	Dr David Russell-Weisz, Director General, Department of Health
Approval date	01 July 2016
Date published	22 November 2018
File number	F-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: The chief executives of health service providers; and 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.