Workforce mobility (Directive 03/25)

1. Purpose

1. This directive:
   1. provides principles and considerations to support workforce mobility, including by using secondment and mobility arrangements under the Public Sector Act 2022 (the Act). However, the directive itself does not provide a head of power for the movement of people
   2. establishes specific guidance and procedural requirements for the use of mobility arrangements under section 82 of the Act, in accordance with the requirement for the Public Sector Commissioner (the Commissioner) to make a directive about mobility arrangements.
2. This directive sets out the key concept of workforce mobility which is the temporary movement or change of duties of a person, at the initiative of the person or the employer, both within and outside the Queensland public sector depending on the mechanism used and purpose of the movement. This includes where mobility across Queensland government is required for the purpose of meeting surge requirements, government priorities or projects, supporting employee capability development or responding to temporary resourcing needs.
3. Workforce mobility does not include the temporary movement or change of duties of a person as a reasonable alternative prior to suspending a public sector employee under section 101 of the Act, or action taken under section 107 of the Act following medical examination of a public sector employee.
4. Mechanisms to facilitate workforce mobility include, but are not limited to:
   1. mobility arrangement which has the meaning under section 82 of the Act, to enable a public sector employee to temporarily perform work for or within, or duties in, another part of their public sector entity or another entity (which includes an entity outside the public sector) while maintaining continuity of employment. Mobility arrangement can also be used for a person employed in an entity outside the public sector to temporarily perform work for or within, or duties in a public sector entity
   2. secondment which has the meaning under section 160 of the Act, to facilitate the temporary movement of a public service officer within or between public service entities.

2. Commencement

2. This directive commences on 10 September 2025.

3. Authorising provisions

3. Sections 82 and 222 of the Act.

4. Application

4. Unless otherwise stated, this directive applies to:
   1. public sector employees described in section 12 of the Act
   2. public sector entities described in section 8 of the Act
   3. chief executives of public sector entities described in sections 16 and 17 of the Act.
5. Section 229 of the Act outlines the relationship between a directive and industrial instrument including how to deal with inconsistencies.

5. Principles

5. A mobile workforce is key to supporting a flexible and agile public sector, that is well placed to serve the people of Queensland and the State.
6. Consistent with section 185 of the Act, workforce mobility also supports the senior executive service to promote the public service’s effectiveness and efficiency by attracting, developing and retaining a core of mobile, highly skilled senior executives.
7. Chief executives are encouraged to use workforce mobility as a strategic workforce planning tool to:
   1. support cooperation and collaboration within and between public sector entities
   2. respond quickly to deliver outcomes for the State, which may include working across the Queensland public sector, as well as other entities, including government jurisdictions, not-for-profit organisations, universities, or private or public companies
   3. provide professional development opportunities to employees
   4. build the capability and capacity of the public sector.
8. In making decisions about workforce mobility, chief executives are required to act in a way that is compatible with the main purpose of the Act, including by:
   1. treating public sector employees fairly
   2. taking measures to promote the effectiveness and efficiency of public sector entities
   3. establishing a high-performing, apolitical public sector, focused on the delivery of services and government programs.
9. 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 Commissioner directives.
10. In addition to specific requirements in this directive, chief executives have a duty:
    1. to promote equity and diversity in relation to employment matters under chapter 2 (Equity, diversity, respect and inclusion) of the Act
    2. to support the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples under chapter 1, part 3 (Reframing of State’s relationship with Aboriginal peoples and Torres Strait Islander peoples) of the Act.

6. Interpretation of directions

6. The requirements set out in these directions are binding and must be followed.
7. These directions should be read in conjunction with the relevant authorising provision/s of the Act.
8. Chief executives are responsible for making decisions to support workforce mobility, including by making decisions under the mobility arrangement provision of section 82 of the Act, the secondment provision of section 160 of the Act, and this directive.

7. Workforce mobility

7. Workforce mobility may be relied upon in a range of circumstances including, but not limited to:
   1. Project mobility, for example:
      1. to support a government initiative or priority, for example, Brisbane Olympics 2032 or supporting a public sector entity who does not have adequate resources to deliver a government priority
      2. a taskforce established under section 195 of the Act
   2. Surge mobility, for example:
      1. responding to unforeseen events such as floods, cyclones, a pandemic or a cyber attack
   3. Professional or career development, for example:
      1. graduate rotations
      2. capability and skill development such as building expertise, leadership or experience in another entity, including a different public sector entity or a different jurisdiction, not-for-profit organisation, university or private or public company
      3. a temporary placement for a public service employee affected by workplace change^[1]
      4. to build leadership capability and develop a highly skilled chief executive and senior executive service consistent with section 207(2)(f) of the Act
   4. Responding to temporary resourcing needs, for example:
      1. backfilling a role while a public sector employee takes leave or is performing work within another entity on a workforce mobility arrangement.
8. Workforce mobility can be supported by using various mechanisms, including but not limited to:
   1. a mobility arrangement under section 82 of the Act to facilitate the temporary movement or the change of duties for a public sector employee. This can occur:
      1. within a public sector entity or between public sector entities
      2. between a public service and a public sector entity
      3. between a public sector entity and a government entity in a different jurisdiction, for example local government, another State government or the Commonwealth government
      4. between a public sector entity and another entity including a private or public company, university or non-government organisation
   2. a mobility arrangement under section 82 of the Act to facilitate a person employed in an entity outside of the public sector, to temporarily perform work for, or duties in, a public sector entity. This does not include contractors, who cannot be party to a mobility arrangement
   3. a secondment under section 160 of the Act to facilitate the temporary movement of a public service officer within or between public service entities.
9. Workforce mobility may be initiated through, including but not limited to:
   1. a request from a public sector employee
   2. a request from a public sector entity or an entity outside of the public sector
   3. a recruitment and selection process for a temporary vacancy where a person employed in another entity is the eligible applicant best suited to the position.
10. Prior to giving effect to an arrangement to support workforce mobility, a chief executive must:
    1. consider the most appropriate arrangement to use in the circumstances, for example, a secondment (for public service entities); a mobility arrangement; or another option such as employment on a non-permanent basis
    2. consider whether the proposed arrangement complies and is consistent with:
       1. section 81 of the Act, which requires employment generally on a permanent basis unless this is not viable or appropriate
       2. relevant policies dealing with employment security or associated arrangements
       3. relevant procurement policies, including the contracting out of services policy
    3. comply with their obligations under chapter 3, part 3 (Recruitment and selection) of the Act and the directive relating to recruitment and selection.
11. When considering whether to release a person to support workforce mobility, a chief executive should approach this decision-making with a collaborative, whole of sector mindset, weighing up competing factors which may include:
    1. the impact on their entity’s critical work and/or operational service delivery
    2. the opportunity for the person to gain new skills and expertise
    3. the benefit to the home and host entity
    4. any contributions to government priorities and to the State.

8. Additional requirements for workforce mobility involving executive roles

8. Decisions about workforce mobility arrangements for senior executive level roles must be made and documented in accordance with any guidance about Senior Executive Service employment arrangements published by the Public Sector Commission.

9. Entering into a mobility arrangement under section 82 of the Act

9. A chief executive may enter into a mobility arrangement under section 82 of the Act.
10. A mobility arrangement may only be made with the consent of the parties mentioned in section 82(2) of the Act, being the person involved and the respective chief executives (or appropriate office holder).
11. A mobility arrangement under section 82 of the Act does not change the employment relationship between an employee and their employer.
12. A person on a mobility arrangement remains an employee of the home entity and, as provided under section 82(6) of the Act, the continuity of a person’s employment in a public sector entity is not broken by a mobility arrangement.
13. Where a person who is not a public sector employee undertakes a mobility arrangement for or within a public sector entity, they do not become a public sector employee by virtue of the mobility arrangement.
14. Where a public sector employee is undertaking a mobility arrangement, the chief executive of a home entity must consider (consistent with section 82(6) of the Act):
    1. how the employee’s return to their home entity will be managed following the conclusion of the mobility arrangement
    2. the employee’s right to a review under chapter 3, part 9, division 1 (Review of non-permanent employment) and division 2 (Review of acting or secondment at higher classification level) of the Act in their home entity.
15. When developing the details and terms and conditions of a mobility arrangement, parties should consider the Mobility arrangement template issued by the Public Sector Commission.
16. A mobility arrangement may make provision for all matters necessary or convenient to be provided under the arrangement, but as a minimum, must include:
    1. parties to the arrangement
    2. duration of the arrangement (including start and end dates)
    3. details of home entity and host entity or home entity and the other area/entity where the work is to be performed/who the work is to be performed for
    4. details of work or role to be undertaken, including performance expectations
    5. who will be responsible for the supervision and direction of the person
    6. work location (including any travel requirements)
    7. applicable industrial instruments
    8. details of the applicable remuneration, remuneration scale or classification level and paypoint (note that a public sector employee must not be financially disadvantaged as a result of consenting to a mobility arrangement)
    9. hours of work
    10. payroll arrangements including which entity is responsible for paying the person’s salary and superannuation arrangements
    11. leave arrangements, for example, who is responsible for approving leave, arrangements to have leave entitlements reconciled with home entity, arrangements for leave accrued during the mobility arrangement and for transfer at the end of the mobility arrangement, the remuneration level, and the remuneration scale or classification level and paypoint that leave will be paid at during the mobility arrangement
    12. reference to the primary duty of care obligations under the Work Health and Safety Act 2011
    13. reference to workers’ compensation obligations under the Workers’ Compensation and Rehabilitation Act 2003.
17. Depending on the nature and complexity of the mobility arrangement, it may be necessary for the arrangement to include additional conditions that are specific to the mobility arrangement. For example, flexible work arrangements or workplace adjustments that may form part of the arrangement.
18. An employee or person undertaking a mobility arrangement is entitled to have a union or legal representative assist them or provide advice in relation to the mobility arrangement.
19. Prior to commencement of a mobility arrangement, details of the proposed arrangement must be provided, and agreed to, by all parties, including the person undertaking the mobility arrangement.
20. Details of the agreed mobility arrangement must be documented and provided to all parties for their records.
21. Any request to extend a mobility arrangement or change the terms of a mobility arrangement requires consent of the parties mentioned in section 82(2) of the Act, being the person involved and the respective chief executives (or appropriate office holder).

10. Ceasing a mobility arrangement

10. In accordance with section 82(4) of the Act, the chief executive (or appropriate office holder) of either the home or host entity may end the mobility arrangement.
11. The chief executive (or appropriate office holder) who decides to cease a mobility arrangement must provide the other chief executive (or appropriate office holder), and the person undertaking the mobility arrangement, with at least 14 calendar days’ notice, unless otherwise agreed between the parties.
12. Where a person undertaking a mobility arrangement is dissatisfied with the mobility arrangement, managers of both the home and host entity should engage constructively to resolve the concerns of the person. This may or may not result in ceasing the mobility arrangement early by the chief executive (or appropriate office holder).
13. Where a person undertaking a mobility arrangement remains dissatisfied with the mobility arrangement following action taken under clause 10.3, the person may consider escalating their concerns through the home or host entity’s employee complaints management framework, or the directive relating to individual employee grievances (where that directive applies to the home or host entity).

¹ Refer to the Commissioner directive relating to supporting employees affected by workplace change

11. Records and reporting

11. Each public sector entity is required to report on the implementation of this directive as determined by the Commissioner.

12. Transitional provisions

12. Sections 301 and 302 of the Act set out the transitional arrangements for persons who were subject to a work performance arrangement made under section 183 of the repealed Act, or an interchange arrangement made under section 184 of the repealed Act.
13. Where a mobility arrangement has commenced under section 82 of the Act prior to the commencement of this directive, this directive will not apply.
14. Where a mobility arrangement has not commenced under section 82 of the Act, this directive will apply to the mobility arrangement from commencement of this directive.
15. This directive applies to any extension or changes made to the terms of a mobility arrangement from the commencement of this directive.

Another entity has the meaning under section 82 of the Act. Examples of another entity include:

• another public sector entity
• an entity of the Commonwealth or another State, including, for example, any of the following:
  • a department of government, or part of a department of government, of the Commonwealth or other State
  • an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes
  • a part of an entity mentioned in section 82(1)(b) of the Act
• a private or public company.

Chief executive in the context of exercising a decision-making power, includes a person to whom the chief executive has delegated the decision-making power under section 282 of the Act.

Employed or employ for a public sector employee has the meaning provided for in Schedule 2 (Dictionary) of the Act.

Home entity, for the purpose of workforce mobility, means the entity in which the person is employed.

Host entity, for the purpose of workforce mobility, means the entity in which the person temporarily performs work or duties for or within, via a mobility arrangement.

Mobility arrangement means an arrangement made under section 82 of the Act and this directive, to enable a public sector employee to temporarily perform work for or within, or duties in, their public sector entity or another entity (which includes an entity outside the public sector) while maintaining continuity of employment; or for a person employed in an entity outside the public sector to temporarily perform work for or within, or duties in a public sector entity. A mobility arrangement is not a secondment under section 160 of the Act.

Public sector employee has the meaning provided in section 12 of the Act.

Public sector entity has the meaning provided in section 8 of the Act.

Public service employee has the meaning provided in section 13 of the Act.

Public service entity has the meaning provided in section 9 of the Act.

Reframing entity has the meaning provided for under section 20 of the Act.

Repealed Act means the Public Service Act 2008.

Secondment has the meaning provided for in section 160 of the Act, to facilitate the temporary movement of a public service officer within or between public service entities.

Union for the purpose of this directive, means an employee organisation registered under chapter 12 of the Industrial Relations Act 2016 or under the Fair Work (Registered Organisations) Act 2009 (Cth).

Workforce mobility means the temporary movement or change of duties of persons, at the initiative of the person or the employer, both within and outside the Queensland public sector depending on the mechanism used and purpose of the movement. This includes where mobility across Queensland government is required for the purpose of meeting surge requirements, government priorities or projects, supporting employee capability development or responding to temporary resourcing needs.