This scenario provides additional information for entities where functions, employees and/or resources are moved to an APS entity from a non-APS Commonwealth entity. It should be read in conjunction with all Key Topics in this guide.
A Machinery of Government (MoG) change can lead to the movement of a Commonwealth function from a Commonwealth entity that is not an APS entity (that is, an entity that does not operate under the Public Service Act 1999 (PS Act)) to an APS entity.
Entities are expected to implement the MoG change in a way consistent with the MoG principles and operational protocols outlined in the Executive Overview.
Organisations moving into the APS are encouraged to consult the Department of Finance (Finance) and the Australian Public Service Commission (APSC) early in the process to discuss the move.
Movement of people
Legislative basis
The PS Act under section 72(1)(c) provides that the Commissioner may determine in writing that non-APS employees cease to be employed as non-APS employees and become engaged as APS employees in a specified an APS entity. See People Management.
Entities should consider whether any additional legislation is required to facilitate the movement of employees into the APS.
Classifications and duties
In accordance with section 6 of the Public Service Classification Rules 2000, non-APS employees must be allocated an approved APS classification and duties on transfer to the receiving APS entity.
Entities, in consultation with the APSC, must provide assurance that proposed classifications are appropriate for the roles the employees will be performing in the receiving APS entity. This will involve completing role evaluation(s) to determine the relative work value of a job role. Entities must use the APS Role Evaluation Tool for this purpose.
Terms and conditions
Where an employee from a non-APS Commonwealth entity moves to an APS Commonwealth entity, their terms and conditions of employment may be varied following consultation (section 86(2) of the Public Service Regulations 2023).
The PS Act gives agency heads/accountable authorities under section 24 the authority to vary the terms and conditions of employment for entity employees. See Pay and Conditions.
Entities should seek legal advice in this circumstance as there may be Fair Work Act 2009 implications where the move is a transfer of business.
Excess employees
Where the receiving entity indicates that it will require fewer employees to perform the transferred function, entities will negotiate the management of excess employees.
Working in the APS
Workplace relations
APS agency heads/accountable authorities are responsible for managing workplace relations matters with their employees consistent with the provisions of the Fair Work Act 2009. Entity agreements and other instruments setting terms and conditions of employment must be consistent with the Government’s employment policies, including the Government’s current workplace relations policy for the Commonwealth public sector.
Where an entity is considering a change to its current workplace arrangements, the entity should contact the APSC to discuss before proceeding.
For SES employees and their equivalents, terms and conditions of employment are set through individual arrangements, either common law arrangements or through a determination made under section 24 of the PS Act.
Other matters
Receiving APS entities are expected to conduct a detailed induction program for employees new to the APS, to cover key features of working in the APS, including:
Governance & financial management
For advice on:
- governance, funding, banking and financial arrangements, please contact Finance
- transfer requirements for the management of information assets, please contact the National Archives of Australia.
