Subsequent assignment

Assignment should support an organisation’s aim to build a capable and agile workforce that is equipped to meet agency priorities. An ongoing employee may be assigned to a different role (a subsequent assignment) for various reasons, some of which include:

• deploy employees where they are most needed
• support professional development
• fill a vacancy
• respond to changes in roles
• meet an employee’s request.

Subsequent assignments for non‑executive employees occur within the same agency and classification of work. Subsequent assignments for senior executives occur within their band and may be across the Public Service.

Roles and employee numbers (sometimes referred to as an establishment) do not need to be amended for a change in assignment to occur. In some cases, rotating employees through different roles may be beneficial, for example to support professional development or to promote better cross team understanding of a work area’s functions.

Subsequent assignments do not have a specified end date as they are an ongoing arrangement, and employees do not generally return to the former role, unless they are subsequently assigned back to the former role.

Identifying opportunities for subsequent assignment

As part of workforce management, managers should regularly discuss career development and future opportunities with employees through the performance development cycle. Each vacancy provides an opportunity to review the mix of capabilities within the team, consider whether an existing employee could be assigned to the role, and identify any capability gaps that may be best addressed through internal or external recruitment.

Regular management meetings across a work area or agency also help managers share information about current and upcoming priorities and opportunities to consider employees for assignment beyond their immediate team, including if the employee has expressed an interest in doing so.

Agency‑wide expressions of interest, allow non‑executive employees to indicate interest in different roles and enable managers to identify suitable candidates across the agency. This approach is particularly useful in large agencies where managers may not be familiar with employees in other areas. The use of established talent pools and previous expressions of interest from ‘at level’ employees should also be considered where appropriate.

As senior executives can be assigned across the Public Service, assignment decisions should consider opportunities beyond the agency. This may include Public Service‑wide expressions of interest, use of established talent pools, or discussions between agencies about specific or shared needs.

Assessment requirements for subsequent assignment

Non‑executive and senior executive employees cannot be assigned to a role if they do not meet the essential requirements listed in the role description, such as a required qualification or licence. 

Where an employee meets the essential requirements, their capabilities should be assessed against those set out in the role description.

Note:

In this section, capabilities required for a role refers to both:

• the range of capabilities required (from the NSW Public Sector Capability Framework and if applicable, any relevant occupation‑specific capability set), and
• the required level for each capability.

Non-executive assessment guidance

Non‑executive employees may be assigned to a role with the same role description as their current role, or to a role with a different role description within the same classification of work.

There is no mandatory assessment process or minimum number of assessments for non‑executive assignments. Employees have already been assessed through recruitment processes and have demonstrated their capabilities through day‑to‑day work and performance management.

When making an assignment decision, the following guidance should be considered:

• While there is no set assessment process, delegates/managers should be satisfied that the employee has demonstrated the focus capabilities of the role at the required level, unless the assignment is for development purposes. The employee may have demonstrated the focus capabilities in a previous role.
• While employees are not required to meet all complementary (non-focus) capabilities, assignment decisions should consider whether they meet the required level for the majority of the complementary capabilities relevant to the role.
• Where an employee is assigned to a role with the same capability requirements and there is no change of manager, further assessment is generally unnecessary, as the manager should already be familiar with the employee’s capabilities and development needs.
• Where an employee is being considered for assignment to a role in a different work area with capability requirements at the same level as their current or previous role, assessments may include:
  • talking with the employee
  • reviewing their recent work
  • discussing their performance with their current or former manager
• Where an employee is considered for assignment to a role that requires different capabilities and or capability levels to the employees current role, a more formal assessment is recommended and could include:
  • a work sample test
  • a short written statement addressing the role requirements
  • reviewing the employee’s resume
  • interviewing the employee
  • obtaining feedback from their current or past manager

Note

If an employee has not demonstrated that they meet the focus capabilities of the role at the required levels, they may be temporarily assigned to the role for developmental purposes for a limited period of time (up to six months), and provided appropriate support and training (if required). See ‘Temporary Assignment for developmental purposes’ section of these guidelines for further information.

Senior executive assessment guidance

Due to the breadth of senior executive bands, roles in senior executive bands vary considerably in work value, the levels of capability required and remuneration. As a result, a senior executive being considered for ongoing assignment to a role at a higher point within the band, or to a role at the same remuneration with different capability levels, should be assessed through a suitability assessment as meeting the required capability levels. The Secretary may also consider any additional assessment or evidence considered necessary.

Where a senior executive has previously been assessed as meeting the focus capabilities of the role, and is rated as meeting them through recent performance management outcomes, further assessment will generally not be required before assignment.

Senior executives may choose to provide evidence that they meet the focus capabilities of the potential assignment through providing assessment results from a formal recruitment process or other assessment conducted within the previous 12 months. However, the choice of assessment methods and sources rests with the delegate/manager.

Agencies are encouraged to run Public Service‑wide expressions of interest to support senior executive mobility between agencies.

Consultation for assignment

An employee must not be assigned to a role unless they have been consulted, as required by sections 38(8) and 46(4) of the GSE Act. Consultation is an important part of the decision‑making process because it gives both the employer and the employee the opportunity to talk through the reasons for the proposed assignment and raise any questions or concerns. 

The consultation process should clearly explain that there is no automatic return to the employee’s current role. It should also cover the reasons for the assignment, the nature of the new role, the anticipated start date, who the employee will report to, and include genuine consideration of any concerns raised by the employee. If the new role has a different role description, it should be provided to the employee and discussed during the consultation process.

When deciding whether to assign an employee, managers should consider the impact on the employee, including their preferred career path, flexible working arrangements, caring responsibilities, and any financial impact, such as changes to access to shift work allowances or overtime.

Managers should keep a record of the occasion(s) when consultation took place. If an employee does not agree with the proposed assignment and a decision is made to procced with the assignment, a record of what was discussed during consultation and the employee’s reasons for objecting to the assignment should be kept in writing by the manager. Consultation records are not required to be kept on employee files. Ultimately assigning an employee is the organisation’s decision.

A decision to assign an employee should be made after consideration of the agency’s workforce needs and the preferences of the employee. Assignment decisions are not subject to review.

Assignment to a role in a different work location

Employees may be assigned to a role in a different workplace location, including under sections 38(2) and 46(2) of the GSE Act. An assignment to a different location may occur to meet organisational needs or at the employee’s request.

As with all assignments, managers and employees should discuss the reasons for the assignment and consider any questions or concerns raised by either party. Ultimately, the decision to assign an employee, including where this involves a change of location, rests with the agency.

In some cases, the provisions of the Crown Employees (Transferred Employees Compensation) Award may apply to non-executive employees. This award outlines certain entitlements and protections that may be relevant when an assignment involves relocation.

Return to role after extended leave, secondment or other absence (except parental leave)

Following a period of extended leave, secondment or other approved absence from an agency:

• a non-executive employee is to be assigned to a suitable role in the classification of work and agency of their employment.
• a senior executive is to be assigned to a suitable role in the band of their employment across the Public Service.

The role to which an employee is assigned on return may be different to the role they previously held, or it may be the same role.

If the role is different, the manager must assign the employee to a role at the same classification of work and grade or band, and one for which the employee meets the essential requirements and has the required capabilities.

When deciding whether a role is suitable, the manager should also consider:

• the capabilities required for the different role
• the employee’s own capabilities
• the employee’s career preferences
• the staffing needs of the agency.

Managers should also maintain an appropriate balance of ongoing and temporary or term roles to ensure that an ongoing employee can be assigned to a suitable role on return, subject to any changes arising from organisational restructures.

Where an employee is returning to work following injury, managers must have regard to any required workplace adjustments, relevant work health and safety legislation and agency published guidance.

Return to a role following parental leave

Section 66 of the Industrial Relations Act 1996 and Clause 75 of the Crown Employees (Public Service Conditions of Employment) Award 2009 apply to employees returning to a role following a period of parental leave. Section 6.8.13 of the Public Service Industrial Relations Guide also provides guidance on this matter.

This includes that an employee returning from a period of parental leave on a full time basis is entitled to return to the role to which the employee was assigned prior to commencing parental leave.

If the role the employee occupied immediately prior to commencing parental leave has ceased to exist, the employee is to be assigned to a role in their classification of work and grade or band, for which they have the capabilities and essential requirements, and to a role as nearly as possible comparable in status and pay to that of the employee’s former role. See ‘ What does "classification of work" mean under the GSE Act’ for further information.

A full time employee returning on a part-time basis does not have a right of return to their former role, and if the head of the Public Service agency approves a return to work on a part time basis then the employee is to be assigned to a role in the classification of work and grade or band for which the employee has the capabilities and essential requirements.