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This Section provides decision-makers with policy information to assist them to make pay and conditions decisions for APS employees. |
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This Section covers these topics. § Decision-making powers and types § Principles-based decision-making |
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Legal instruments provide the basis for decisions about APS pay and conditions of employment. A rule that requires a decision includes words that give the power to someone to make that decision. Powers belong to a person or who occupy a position or who are in a category that is named in the provision. Example: A rule says The Secretary may approve the payment of overtime to employees in classifications above the barrier. (DECA Part F Balancing Life and the Workplace). Here the power is given to the Secretary and the Secretary is the correct person to make this decision (although he gives his powers to others for the day-to-day decisions see How powers are given to decision-makers). |
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The Secretary is given the decision-making powers by the PS Act and its subordinate legislation, the WR Act and the DECA. Because of the large number of decisions regarding APS employees that are made daily, the Secretary gives many of his powers to other people. He does this through legal instruments of delegation or authorisation. Decision-making powers can also be directly conferred on groups of people through the DECA. |
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Delegation is a mechanism in legislation that permits the holder of the powers to delegate (in writing) the use of their powers by others. The delegation continues in force until it is revoked in writing at a later date. The delegation allows the decision-maker to make a decision using their power in their own right. A decision made using the delegation is the decision-maker's own decision, even though it is made using someone else's original power. Decision-making powers that can be delegated come from these two sources. § The PS Act and its subordinate legislation. § The DECA. |
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The Public Service Act and its subordinate legislationThe PS Act and its subordinate legislation provide for decisions about the engagement, movement and retirement/termination of APS employees; the APS Code of Conduct and values to guide the behaviour of employment-related decisions and the right of review of actions on employment-related decisions. Example: An Agency Head may from time to time determine the duties of an APS employee in the Agency, and the place or places at which the duties are to be performed' (PS Act s25). The positions to which these powers are delegated for day-to-day decision-making are specified in Schedules of PS Act Delegations. |
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This information is available on the Pay and Conditions website. |
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The DECAThe DECA provides for decision-making on APS employees' pay and conditions. In the DECA, the Secretary's decision-making powers are identified by the following phrases: § The Secretary may... or § The Secretary will...
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Example: 'The Secretary may approve the commencement or variation of a part-time work arrangement for an employee for an agreed period.' (DECA, Part F - Balancing Life and the Workplace.) The positions to which these powers are delegated for day-to-day decision-making are specified in the Schedule of DECA delegations. This information can be found on the Pay and Conditions website. |
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There are other decision-making powers identified in the DECA that directly confer powers on a groups of people who are directly responsible for undertaking these functions in their day-to-day business, such as supervisors, group heads. Directly-conferred powers are identified by the following phrases: § A supervisor may... or § A supervisor will...
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Example: 'An employee's supervisor may approve flex credits in excess of 37 hours 30 minutes being carried over, provided that arrangements are made to reduce the credit below 37 hours 30 minutes within the ensuing four weeks' (DECA, Part F - Balancing Life and the Workplace.) These powers are located in specific paragraphs in the DECA, and further guidance on their application can be found in the DWRM. It can be found on the Defence Workplace Relations homepage. |
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An authorisation is when consent (oral or written) is given that permits a person to act, for and on behalf of the owner of the powers, for a particular person, as an agent. The authorisation means that the decision will be seen as the personal decision of the person who has given the permission for decision-maker to act on their behalf. This is important because it means that the authorised decision-maker is seen by others to make decisions that belong to the person who made the authorisation. The Secretary mainly uses authorisations in relation to the development and administration of AWAs and for conditions for APS employees who are working overseas. Information on conditions for APS employees who are working overseas can be found on the Pay and Conditions website. |
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For APS employees
posted overseas, the conditions of service are similar to those for ADF
members. The Secretary signed an instrument of authorisation to incorporate
these in the Overseas Conditions of Service Volume of the |
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Defence is seeking to achieve a balance between the different types of rules, to remove the 'red tape' but still provide clear instructions for decision-makers. Strict rules were once used to try to cover every possible scenario that might arise. It is now clear that this approach increases the complexity and volume of rules and can actually lead to people missing out on entitlements because of its black-and-white approach. Principles-based decision-making allows decision-makers more flexibility to reach the decision that best suits individual situations and operational requirements. |
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For Defence APS employees, their conditions of service are established by the DECA which is based on a set of core principles. In this context decision-making requires some assessment or judgement on the facts and merits of the application to be made by the decision-maker. Unlike the strict rules-based approach, principles-based decision-making does not try to provide a rule for every situation. This approach incorporates broad principles that apply to many individual circumstances without the need for more specific rules. Principles achieve these aims. § They give guidance about the application of conditions of employment contained in the DECA. § They give context to a rule. § They show the intent behind the rule. They allow managers some scope to exercise discretion. |
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Using a principles-based approach, additional direction or guidance is provided which tells the decision-maker about the principle or the purpose for the employment condition. |
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Example: A rule might say: "If an employee is approved to work overtime duty, the employee is to be paid a meal allowance where the employee is required to take a meal break during a period of overtime because they have or will have worked for five hours continuously.'' (DECA, Part F - Balancing Life and the Workplace). To make the decision in the example, you need to find out two things. They are whether the employee was approved to work overtime duty, and whether the employee was required to take a meal break because they worked five continuous hours. No judgement needs to be made. The person who certifies these facts is normally an immediate supervisor or line manager. If it is established that the employee worked sufficient approved overtime, the employee is entitled to a meal allowance. No judgement needs to be made. |
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In some more complex situations the decision-maker will be required to apply the principle and use their judgement to arrive at a decision which is appropriate to the circumstances. This involves making a choice and is often called a 'discretion'. In making their decision, the decision-maker will consider 'objective criteria' or general facts. The decision-maker needs to consider these criteria or facts as a guide in making the choice and exercising their judgement. |
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Example: A person who holds a leave credit has applied to take leave. The decision-maker would look at all the relevant facts, such as workplace requirements, other employees who have applied for leave during the period in question, leave balances, etc, before making a decision to approve or reject the leave application. The entitlement is to the accrued leave. The decision being made is about the use of that accrued leave, both the amount of leave to be taken and the timing of taking the leave. You may have heard this type of decision called an 'exercise of discretion' by the decision-maker. |
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Principles-based decision-making is not very different from the rules-based approach when actually applied. The following table contains questions and a case study that outlines use of the principles-based approach: |
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Number |
Question |
Example |
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1. |
What is the issue? |
A team was about to commence all weather/all conditions testing of a new piece of equipment when they were advised that the usual testing which normally takes 3 months had to be completed within 6 weeks. |
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What outcome is the organisation seeking? |
Defence needed the task to be completed quickly and within budget. |
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What outcome do the employees want? |
The employees were committed to doing a good job and meeting the new time frame. They also wanted some balance between work and outside life. They suggested working 9.5 hour shifts, with 2 shifts per day and no-one working more than 5 days per week. |
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4. |
What is the applicable DECA principle? |
DECA, Part F - Balancing Life and the Workplace; Part G - Remuneration. |
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5. |
Are there any limitations or constraints to making the decision? |
Budget for penalty rates/overtime was limited. Outcome must meet OHS requirements. |
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6. |
What are the options and which is the best? |
§ Option 1 (Rules-based) - Work within the bandwidth and pay overtime (would exceed the budget). - Shift work (penalties would exceed the budget). - Work standard hours and employ additional staff (would exceed budget and probably exceed timeframe). § Option 2 (Principles-based) A principles-based approach allowed for a negotiated outcome and the flexible use of a range of DECA provisions. The outcome was a two 'shifts' per day arrangement with employees nominating their preference for working either mornings or evenings and the arrangements that were attached to each session. The morning session was from 6.30 am to 4 pm with lunch 1212.30. Overtime of 1.5 hours worked each day was taken as time-off-in-lieu, accrued at penalty rates and to be taken after the project was completed. Employees who chose to work mornings were not regarded as shift workers. The evening session was from 4 pm to 1.30 am with dinner from 8.30 9 pm. Shift work and overtime penalties were paid. This allowed the project to be completed within the time frame. The employees were able to meet their work and outside commitments in ways that suited them, and they felt fairly treated regarding compensation for the time worked. |
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Is the decision consistent with the APS Values and Code of Conduct? |
Both Option 1 and Option 2 uphold the APS Values and Code of Conduct. |
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8. |
Will the decision stand if it is challenged or reviewed? |
Where consultation is undertaken to ensure that the chosen option meets employee's needs and the option is in accordance with the DECA, the decision will withstand scrutiny. |