Perth Metropolitan Local Government Workforce Transition Checklist
Table of Contents
1. Title 2
2. Preamble 2
3. Industrial instruments and arrangements 2
4. Transmission of employees and conditions of employment 3
5. Indicative Timelines 3
6. Checklist 4
Letter of Appointment (example) New Local Government 9
Letter of Appointment (example) Adjusted Local Government 11
1. Title
Perth Metropolitan Local Government Workforce Transition Checklist.
2. Preamble
2.1 The Local Government Workforce Transition Checklist forms part of the Local Government Reform Toolkit.
2.2. The Checklist has been developed to assist with the transition of local government workforces from merging or adjusted local governments to new or adjusted local governments resulting from local government reform in the Perth metropolitan area.
2.3. In accordance with the relevant provisions of the Local Government Act 1995:
- the local government is the employer of local government employee necessary to enable the functions of the local government and the functions of the council to be performed, as prescribed in the Local Government Act 1995, and
- the Chief Executive Officer (CEO) is responsible for appointing employees, managing and resourcing the corporate structure designed for the conduct of the local government affairs with roles and responsibilities as prescribed in the Local Government Act 1995; and,
- employees are to be selected and promoted in accordance with the principles of merit and equity; and
- no power, with regard to matters affecting employees, is to be exercised on the basis of nepotism or patronage; and
- employees are to be treated fairly and consistently; and
- there is to be no unlawful discrimination against employees or persons seeking employment by a local government on a ground referred to in the Equal Opportunity Act 1984 or on any other ground; and
- employees are to be provided with safe and healthy working conditions, in accordance with the Occupational Safety and Health Act 1984 ;
3. Industrial instruments and arrangements
3.1. The Checklist should be read and interpreted in conjunction with the applicable industrial instruments and arrangements including:
Local Government Industry Award 2010
Fair Work Act 2009
Local Government Act 1995 (Part 5, Division 4 and Schedule 2.1)
Contracts of Employment
By way of general guidance, for each local government existing jobs, terms and conditions and entitlements should transfer to the new or adjusted local governments on the changeover day. These arrangements should remain in place until the new industrial arrangements, including but not limited to enterprise agreements, are established.
4. Transmission of employees and conditions of employment
The following general principles are provided, to assist in the consideration of the status of employees, at the time of change-over from existing local governments to new or adjusted local governments.
4.1. Employees should transfer to the new or adjusted local governments on the changeover day. The employment of all local government employees by a predecessor local government would automatically cease on changeover day and commence with the new or adjusted local government under the same terms and conditions as existed prior to changeover day. Ordinarily there would be no break in employment during this changeover.
4.2. Employees should transfer to the employ of new or adjusted local governments on terms and conditions determined by their existing industrial instruments, with the benefit of existing employee entitlements. This should include, but not be limited to, long service leave, annual leave and personal leave accrued in respect of their employment with the former local government. It should also apply to any periods of service which are regarded as continuous service in the sector in Western Australia. Local Government Act 1995 provisions regarding maintenance of employment conditions also apply.
4.3. Employees who transfer to a new or adjusted local government should not generally be required to serve a probationary period or qualifying period of employment. The exception to this is where the employee is already serving a probationary period. This period would be completed in accordance with normal requirements.
5. Indicative Timelines
At the time of preparing this checklist document, the following timelines had been indicated and are included to assist in preparing project plans where appropriate.
- November 2013: Minister for Local Government & Communities submits proposals for 15 local governments in Perth metro area to the Local Government Advisory Board (LGAB);
- November 2013 to 30 June 2014: LGAB to review all submissions made by local governments and by Minister for Local Government & Communities;
- Post 1 July 2014: Minister for Local Government & Communities advises of acceptance/rejection of LGAB recommendations; Governors Orders to be issued for new local governments to commence on 1 July 2015;
- 1 July 2014 to 30 June 2015: Interim period (existing local governments remain in situ);
- 1 July 2015: New local governments commence
- 1 July to October 2015 local government elections: Implementation phase;
Workforce Transition Plan Page 1 of 12
6. Checklist
Task/Function / ActionApprenticeships and/or Traineeships / § Audit trainee, apprentice or cadetship schemes and contracts with external providers (such as a Group Training Scheme).
§ Advise trainees, apprentices and cadets of the continuity of their programs as appropriate.
Casual and Temporary Employees / § Identify casual and temporary employees, and the term of their contracts.
§ Establish redeployment policy and processes.
§ Establish new working arrangements.
Communication / § Maintain and update appropriate intranet (if available) or internet services, to inform staff.
§ Review, adjust and continue internal and external communication plans.
§ Create Focus Groups to determine effectiveness and issues.
Creation of Positions / § Prepare position descriptions for all positions in final structure.
§ Undertake classifications where required.
Disability Employment / § Review all employees who are identified as having a disability.
§ Identify employees who are employed on the basis of supported wages.
§ Identify and contact any/all agencies supporting employees with disabilities.
Employee Assistance / § Identify all Employee Assistance Program support services and rationalise where appropriate.
§ Communicate approved EAP service providers to all employees.
§ Establish and train a peer support network with senior management access and support.
§ Establish and communicate professional employee counselling services.
§ Provide and communicate an employee question and answer forum and updates.
Employment Contracts / § Collate and review terms of all individual employment contracts.
§ Identify deficiencies and negotiate individual contract amendments where necessary.
§ Identify contracts approaching end of term and negotiate extensions where necessary.
§ Review the impact of the Local Government Act 1995 restriction on ending employment contracts.
Task/Function / Action
Entitlements and Benefits / § Identify entitlements and benefits requiring harmonisation.
Enterprise Agreements / § Collate and review existing industrial agreements.
§ Assess the findings against industry-wide industrial Award(s) and national employment standards.
§ Review what constraints and opportunities there may be in developing future agreements.
§ Design strategy for future agreement development.
Grievance Management Policy and Procedures / § Collate and review all existing Grievance policy statements and applicable procedures.
§ Develop and implement a single policy and procedures.
§ Establish where grievance officer training/retraining is required.
Induction / Orientation / § Review existing induction programs.
§ Consider conducting induction/orientation program for all employees on ‘Day1’ of the new entity.
Industrial Matters / § Establish if there are any industrial disputes in Commission/Court.
§ Establish whether any collective agreement negotiations are in progress.
§ Identify where industrial matters are in dispute/investigations/pending decisions.
Industrial Relations / § Prepare and implement communication plan with unions and relevant employee /employer representative groups.
Internal Staff Communication / § Prepare and implement internal communication plan.
§ Establish roles and responsibilities in communication.
§ Establish one communication protocol for amalgamating local governments.
§ Conduct baseline staff awareness, concerns and issues survey.
§ Establish communication channels.
§ Maintain and update appropriate intranet (if available) or internet services to keep staff informed.
Interaction and Team Building / § Identify and arrange opportunities for engagement.
IT Systems / § Audit and review ICT systems associated with HR Services, including:
o Payroll
o HRMIS
o Appraisal System
Task/Function / Action
Job Security / § Communicate with employees regarding job security entitlements in accordance with the Local Government Act 1995 or contractual agreements.
§ Hold information and communication forums to answer questions, provide information and set consistent expectations.
§ Develop and implement a question and feedback loop for staff and promote its use.
Job Roles and Responsibilities / § Review organisational chart(s).
§ Identify all roles and responsibilities and collate all available position descriptions.
§ Identify occupational licensing arrangements required for legislative compliance.
§ Review rosters for work groups.
§ Conduct an organisational capacity audit and establish a skills and knowledge register.
Labour Hire / § Identify all employees who are employed through employment agencies on a ‘labour hire’ basis.
§ Determine ongoing need for labour hire workers.
§ Liaise with labour hire agencies to advise the requirement for their staff.
Letters of Appointment / § Provide Letters of appointment for employees for the new Council.
§ Include details of position, remuneration, work location, supervisor etc (examples attached).
Negotiation of Entitlements and Benefits / § Identify employee entitlements and benefits requiring harmonisation and renegotiation.
§ Collate and review the application of entitlements and benefits.
§ Establish policy and process for the negotiation of entitlements and benefits.
Occupational Health & Safety (OSH) systems / § Identify and review all OSH systems.
§ Rationalise to one OSH system.
Organisational Structure / § Review strategic plan, operational plan, service delivery system and resource distribution to identify human resources, skills and knowledge requirements and gaps.
§ Establish transitional organisational structure including clear reporting responsibilities for implementation on changeover day.
§ Identify permanent F/T, P/T positions and temporary F/T and P/T positions
§ Map positions against incumbents.
Task/Function / Action
§ Provide each employee with a letter outlining the arrangements to apply specifically to them on changeover day.
Outplacement Services / § Identify the capability of Employee Assistance Program service providers to offer and undertake outplacement services to employees whose employment is ceasing; including:
o Career counselling;
o Resume preparation, job application and interview techniques;
o Financial advice; and
o Lifestyle/early retirement.
Overseas Workers / § Identify all overseas workers, their visa status and the term of their contracts.
§ Establish new working arrangements.
§ Undertake any requisite visa approval process with Dept. of Immigration & Border Control. Assistance available from WALGA (http://walga.asn.au/ProductsServices/RecruitmentServices.aspx)
Payroll / § Identify and evaluate payroll systems.
§ Determine capacity/capability/compatibility.
Performance Appraisals / § Identify the process and system used for Council annual performance reviews.
§ Aggregate and diarise employees’ appraisals.
Personnel files / § Identify locations of all employees’ personnel files and records.
§ Merge records as appropriate.
§ Archive records as appropriate.
Redundancy – Redeployment / § Identify available positions within the Local Government.
§ Assess employee knowledge, skills, abilities and cross reference with available positions.
§ Discuss potential redeployment options with employees.
§ Discuss alternatives to redeployment with employee e.g. redundancy.
Review of Positions / § Review position descriptions for all positions in final structure following the completion of the allocation or recruitment process.
Team Building / § Develop and implement an organisational cultural development strategy.
§ Develop a team building process.
§ Commence integration of future teams as soon as practicable.
§ Maintain social engagement events and team building activities.
Task/Function / Action
§ Use a tender process if external consultants are to be employed to support culture development.
Training / § Audit and consolidate training plans.
§ Review Training Needs Analysis (TNA) records.
§ Conduct corporate systems training for relevant employees.
§ Conduct organisational orientation sessions for all employees.
Volunteers / § Establish volunteer retention and deployment policy and methodology.
§ Document and articulate clear processes and planned timeframes to all volunteers.
§ Liaise with external volunteer organisations.
Voluntary Separations / § Identify likely need for encouragement of voluntary separations.
§ Establish policy, process and timeframes for inviting and determining acceptable candidates for voluntary separations.
§ Implement process for inviting and determining voluntary separations.
Workers Compensation and Rehabilitation / § Identify open or current claims with any of the affected Councils with LGIS and claims management team. Obtain relevant information including:
o Return to Work (RTW) programs including restricted duties or times;
o workplace adjustments for RTW (such as workplace modification or modification to duties);
o retraining/redeployment programmes; and
o total incapacity claims and their review dates.
§ determine insurance/premium status (e.g. performance v non-performance based)
Workplace Plan / § Collate and review all workforce plans.
§ Develop and implement new entity workforce plan (in conjunction with Corporate Services/Finance functions).
Workplace Health & Safety / § LTI rate for each Council.
§ Determine risk profile for each Council.
§ Determine risk program for each Council.
Letter of Appointment (example) New Local Government
Sample correspondence to each employee of a new local government (Excluding a short term casual or term contract employee)
· Insert name and mailing address of existing local authority (existing
Council)
· Insert date
· Insert name and address of employee transmitting to new local authority
Dear (employee’s name)
As you are aware, the State government has introduced boundary reforms and the creation of new local governments in Western Australia. I am writing to you to confirm the effect of this initiative, as it applies to your ongoing employment with (name of new Council) from changeover day, at which time (name of existing employing Council) ceases to exist.