Senior officer – employment conditions (Directive 10/23)

1. Purpose

1. This directive sets out the requirements for the employment of, and employment conditions for, senior officers and employees seconded, or acting, as senior officers.

2. Authorising provisions

2. Sections 152 and 222 of the Public Sector Act 2022 (the Act).

3. Application

3. This directive applies to:
   1. public service employees employed as senior officers under section 152 of the Act
   2. public service employees seconded to or acting as a senior officer
   3. persons performing work as a senior officer under a mobility arrangement under section 82 of the Act
   4. chief executives of public service entities as provided for in sections 16 and 17 of the Act, in their capacity as a chief executive of a public service entity or of public service employees.
4. Section 229 of the Act outlines the relationship between a directive and industrial instrument including how to deal with inconsistencies.
5. Commission Chief Executive (CCE) Directive 02/21: Senior officer – employment conditions is repealed and superseded by this directive.

4. Principles

4. Senior officers:
   1. play an important leadership role in Queensland public sector agencies, and are a critical talent pathway to executive leadership roles
   2. make a valued contribution, providing a bridge between an entity’s strategic leadership and operations, connecting activities to purpose, and driving outcomes
   3. work collaboratively across the sector, enabling connected policy and service delivery agendas to improve community outcomes.
5. Chief executives are responsible for making decisions under the provisions of chapter 4, part 3 (Employment of public service officers) of the Act.
6. Chief executives are required to act in a way that is compatible with the main purpose of the Act including by:
   1. providing for the key rights, obligations, and employment arrangements of public sector employees
   2. treating public sector employees fairly
   3. taking steps to promote equity, diversity, respect and inclusion in employment, including for diversity target groups.
7. Under the Human Rights Act 2019 decision makers must:
   1. act and make decisions in a way that is compatible with human rights
   2. give proper consideration to human rights when making a decision under the Act and Public Sector Commissioner (Commissioner) directives.
8. Under chapter 1, part 3 (Reframing of State’s relationship with Aboriginal peoples and Torres Strait Islander peoples) of the Act, reframing entities have a unique role in supporting the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples by fulfilling certain responsibilities. Under section 21 of the Act, the chief executive of a reframing entity is responsible for ensuring the entity fulfils this role. Chief executives must act in a way which is consistent with these responsibilities when applying and making decisions under the Act and Commissioner directives.
9. Under chapter 2 (Equity, diversity, respect and inclusion) and chapter 3 (Public sector arrangements) of the Act, chief executives of public sector entities have a duty to promote equity and diversity in relation to employment matters, which includes in the application of and making decisions under the Act and Commissioner directives.
10. In addition to any specific requirements in this directive, chief executives of public sector entities are required to consider ways to support accessibility and inclusion for employees when undertaking processes, or applying provisions, under this directive.

5. Interpretation of directions

5. Chapter 4, part 3 (Employment of public service officers) of the Act sets out the purpose of senior officer positions and employment of senior officers.
6. These directions provide:
   1. for the employment conditions of senior officers, including hours of work, remuneration package and benefits and technological support
   2. for the review of an employee’s employment status where the employee is acting at or seconded to a higher classification as a senior officer.
7. These directions are binding and must be followed.

6. Reframing the relationship with Aboriginal peoples and Torres Strait Islander peoples

6. Chief executives must consider the responsibilities under section 21 of the Act relating to supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples, when managing the employment life cycle of people employed in accordance with this directive. This includes but is not limited to:
   1. promoting cultural safety and cultural capability at all levels of the public sector
   2. ensuring the workforce and leadership of the entities are reflective of the community they serve
   3. supporting the aims, aspirations and employment needs of Aboriginal peoples and Torres Strait Islander peoples and the need for their greater involvement in the public sector.

7. Employment as a senior officer

7. Where a role is assessed as being within the work value range (720 – 819) for senior officers under the approved job evaluation management system, a person employed in or engaged in the role must be at the senior officer classification level.

8. Review of a public service employee for permanent employment at the higher classification level

8. Higher classification level for the purpose of clause 8, means a classification level which has a higher maximum salary than the maximum salary of the classification level held by the employee.
9. Clause 8 applies to:
   1. a public service officer who is seconded to a higher classification level as a senior officer in the public service entity in which the employee is substantively employed
   2. a public service employee (including a fixed term temporary employee) who is assuming the duties and responsibilities of a higher classification level as a senior officer in the public service entity in which the employee is substantively employed.
10. Clause 8 does not apply to a person engaged as a senior officer under section 155 of the Act, even if the person holds substantive employment as a public service employee.
11. An employee mentioned in clause 8.2 may make a written request to the chief executive to permanently employ the employee to the senior officer role after:
    1. the employee has been performing in the senior officer role for a continuous period of at least one year; and
    2. each subsequent one-year period after a written request made under clause 8.4(a).
12. An employee may make an additional request if the role becomes a substantive vacancy, provided that the request is made within three months after the position becomes vacant.
13. When deciding the request, the chief executive must consider:
    1. whether the employee is suitable for employment to the senior officer role on a permanent basis
    2. the genuine operational requirements of the public service entity.
14. The employee, under clause 8.6, is to be considered suitable to perform the role where:
    1. the employee has provided evidence of possessing any relevant mandatory qualification/s (as reflected in the role description)
    2. the employee meets any relevant mandatory condition/s of the role (as reflected in the role description)
    3. the employee is not subject to any unresolved and documented conduct or performance matters that have been put to the employee in writing, and where required, managed in accordance with the requirements of a relevant directive, such as the directives relating to positive performance management and discipline.
15. The chief executive must decide the request, and provide a written decision, within the required period (28 days after the request is made), unless there is agreement between the employee and the chief executive to extend the period.
16. If the chief executive does not make a decision within the required period, the chief executive is taken to have refused the request.
17. Any requirement in a directive dealing with recruitment and selection to advertise a role does not apply when deciding to permanently employ an employee under clause 8.
18. ‘Continuous period’ for the purposes of this directive, means a period of unbroken engagement, including periods of authorised leave or absence, in the same senior officer role, in the same public service entity. A period of engagement at the senior executive service classification level may be considered an authorised absence where the employee returns to the same senior officer role.

9. Hours of work and attendance

9. The usual full-time work hours of a senior officer are a minimum of 72.5 hours per fortnight. However, to perform the role effectively, a senior officer may be required to work reasonable additional hours as appropriate.
10. Under an agreement made under clause 9.7, the usual hours in clause 9.1 may be worked flexibly.
11. Hours of work arrangements must consider and seek to manage a senior officer’s health and well-being.
12. A senior officer’s manager may approve reasonable time off without debit to a leave account where they consider the senior officer has regularly worked in excess of their usual hours.
13. A senior officer may be required to undertake official duties for the whole or part of a public holiday.
14. A senior officer is not entitled to additional compensation for work performed outside of usual hours (including public holidays).
15. A senior officer may access flexible work arrangements with the approval of their manager. Flexible work arrangements may include arrangements that relate to the pattern of work, the place of work, the work arrangements used and/or another arrangement under the public service entity’s flexible work policy.
16. A senior officer may be engaged on a part-time work arrangement. An approved part-time work arrangement constitutes the usual hours of the senior officer. A part-time senior officer is entitled to the benefits and entitlements of a full-time senior officer on a pro-rata basis.
17. A senior officer who is unable to attend work or perform their duties is to report the fact to their manager as soon as possible.

10. Remuneration package and benefits

10. Senior officers will receive remuneration in accordance with the appendix of this directive.
11. When employing a senior officer or engaging a person to act as a senior officer, the chief executive will determine the relevant senior officer pay-point to be paid (that is, pay-point 2 or 3), commensurate with the person’s skills and expertise.
12. A pay-point increase for a senior officer is tied to achieving and exceeding agreed performance objectives. At each annual performance review, the senior officer’s manager must consider and recommend a pay-point increase from SO2 to SO3, if there is evidence of sustained high performance.
13. A recommended senior officer pay-point increase will take effect following approval, and on a date nominated by the chief executive, provided the date is not prior to the date of annual review under clause 10.3.
14. A senior officer may elect, through a signed agreement with their chief executive, to receive the following remuneration package benefits via in-house salary packaging at no administration cost to the senior officer:
    1. the payment of employee superannuation contributions
    2. the payment of subscriptions for membership of professional or occupational associations
    3. a benefit of another kind approved by the Commissioner.
15. A remuneration benefit agreed in clause 10.5 must not exceed the percentage of superannuable salary that would apply if the senior officer were to access the entity’s fee for service salary packaging scheme.
16. A senior officer may also access other salary packaging items from their entity’s provider in accordance with the rules and charges associated with using that service.
17. A person acting in a senior officer role may access the remuneration package benefits in clause 10.5 when the cumulative period of consecutive acting appointments exceeds 12 months.

11. Technological support

11. Where determined by the chief executive, a senior officer is to be provided with an official smartphone device and any other technological support necessary to enable the senior officer to fulfil their duties to the satisfaction of the chief executive. A senior officer is entitled to reasonable personal use of the smartphone or other technological support in accordance with the public service entity’s policy.

12. Application of award provisions and directives of industrial relations Minister

12. A senior officer is entitled to the benefits and allowances set out in the following award provisions and directives of the industrial relations Minister, as though the senior officer was covered by such award provisions and directives, subject to the amendments and/or conditions noted below:
    1. clauses 20 (Personal leave) and 21 (Parental leave) of the Queensland Public Service Officers and Other Employees Award – State 2015
    2. the directive about hours, overtime, and excess travel, only to the extent that it provides for the overtime meal allowance
    3. the directive about recognition of previous service and employment for long service, sick and paid parental leave purposes
    4. the directive about leave without salary credited as service, except to the extent that it provides for salary increments
    5. the directives about long service leave, recreation leave (except to the extent that it provides for Christmas/New Year compulsory closure), sick leave, study and examination leave, special leave and paid parental leave
    6. the directive about higher duties, except that:
       1. the minimum period means more than three days
       2. the relevant percentage is 100 per cent
       3. the clauses dealing with payment of increments during relieving periods and the recognition of higher duties on permanent employment do not apply
       4. the calculation of the higher duties allowance will be to SO2 pay-point, unless the substantive salary of the employee exceeds the SO2 pay-point, or as otherwise determined by the chief executive under clause 10.2
       5. where an existing senior officer undertakes duties in a senior officer classified role in another public service entity at a higher senior officer pay-point, maintenance of that higher pay-point is not automatic on return to their home public service entity.
    7. the directive about motor vehicle allowances that references the relevant modern award being the Queensland Public Service Officers and Other Employees Award – State 2015
    8. the directive about court attendance and jury service
    9. the directives about travelling and relieving expenses
    10. the directive about locality allowances
    11. the directive about critical incident entitlements and conditions, except to the extent that it provides for overtime, flexitime, or time off in lieu
    12. the directive about leave and travel concessions for isolated centres
    13. the directive about early retirement, redundancy, and retrenchment.
13. A senior officer may be provided with benefits under the directive about transfer and appointment expenses. Alternatively, transfer and appointment expenses may be paid in accordance with a proposal approved by their chief executive and supported by a certificate from the chief executive that the total quantum of expenses under the proposal will be no greater than the reimbursement that would have been payable under the directive.

13. Christmas/New Year compulsory closure

13. A senior officer, including when on recreation or long service leave, is to be granted leave on full pay without debit to any leave account for those days during the Christmas/New Year compulsory closure period that are not public holidays or weekend days (granted leave days). A senior officer on any other form of leave does not qualify for the granted leave days.
14. Where a senior officer is on approved recreation or long service leave on any of the granted leave days, the senior officer’s relevant leave balance is to be adjusted to reflect the granted leave days instead of the recreation or long service leave.
15. A chief executive may, in exceptional circumstances, determine that an individual senior officer does not qualify for the granted leave days. Where a chief executive makes such a determination, the senior officer is required to apply for leave if they are not otherwise required for work.

14. Appeals

14. An employee eligible for review under clause 8 has a right of appeal under section 131(1)(b) of the Act where:
    1. the chief executive decides not to permanently employ the employee to the higher classification level, and
    2. the employee has been employed at the higher classification level in the same public service entity as a senior officer for a continuous period of at least two years.

15. Transitional provisions

15. Section 296 of the Act sets out the transitional arrangements for existing public service officers.
16. Effective from 1 July 2023, all public service employees who are remunerated at pay point SO1 under repealed directive 02/21 will move to the SO2 pay point.
17. Clauses 10.3 and 10.4 do not apply to the movement from SO1 to SO2 under clause 15.2.
18. A public service employee that moves to the SO2 pay point under clause 15.2, may not progress, by annual performance review under clauses 10.3 and 10.4, to the SO3 pay point until at least 12-months following the date of progression to the SO2 pay point.