AN160268 – Public Service Award 1992
(1) Probation
(a) Every officer appointed to the Public Service shall normally be on probation for a period not exceeding six months, unless otherwise determined by the employer.
(b) An officer who is appointed from the Public Sector of Western Australia, and who has had at least six months of continuous satisfactory service immediately prior to permanent appointment will not be required to serve a period of probation.
(c) At any time during the period of probation the employer may annul the appointment and terminate the services of the officer by the giving of one week's notice or payment in lieu thereof.
(d) Prior to the expiry of the period of probation, the employer shall have a report completed in respect to the officer's level of performance, efficiency, and conduct, and
(i) confirm the permanent appointment, or
(ii) extend the period of probation by up to six months, to a maximum period of probation of 12 months
(iii) or terminate the services of the officer.
(2) Discipline
The disciplinary provisions of the Public Sector Management Act 1994 shall apply to every officer employed under that Act.
(3) Termination of Employment
(a) An officer shall give the employer written notice of intention to resign of not less than -
(i) one month, or
(ii) such other period as specified in the officer's contract of service where applicable.
(b) An officer who fails to give the required written notice forfeits the sum of $500, unless agreement is reached between an officer and the employer for a shorter period of notice than that specified.
(c) Where an officer's services are terminated for any reason other than dismissal, that officer shall be given written notice of -
(i) one month, or
(ii) such other period as specified in a contract of service, where applicable.
or payment of salary for the appropriate period in lieu of notice.
(d) The employment of a casual officer may be terminated at any time by the casual officer or the employer giving to the other, one hour's prior notice. In the event of an employer or casual officer failing to give the required notice, one hour's salary shall be paid or forfeited.
(4) Retirement
An officer having attained the age of 55 years shall be entitled to retire from the employ of the employer.
(5) Fixed Term Contract Employment
(a) The employer may employ officers on a fixed term contract in accordance with the Public Sector Management Act 1994.
(b) In exercising their employing authority employers may only employ a person as a fixed term contract officer in the following circumstances:
(i) covering one-off periods of relief;
(ii) work on a project with a finite life:
Where a project is substantially externally funded including multiple external funding, the employer must present a business case supporting the use of fixed term contract officers in such positions to the Peak Consultative Forum. Where external funding has been consistent on an historical basis and it can be reasonably expected to continue the employer shall assess the percentage of positions for which permanent appointment can be made;
(iii) work that is seasonal in nature;
(iv) where an officer with specific skills is not readily available in the public sector is required for a finite period; or
(v) in any other situation as is agreed between the parties to this Award.
(c) Officers appointed for a fixed term shall be advised in writing of the terms of the appointment and such advice shall specify the dates of commencement and termination of employment.
(d) The provisions of subclause (2) and (3) of this clause shall also apply to officers employed on a fixed term contract.
