Employment

Generating PDFGenerating PDF

Policy framework statement

The Employment Policy Framework specifies the employment governance requirements that all Health Service Providers (HSPs) must comply with in order to ensure an effective and consistent approach to industrial relations, human resource management, and conduct and ethics across the WA health system.

Purpose

The purpose of this policy framework is to ensure:

  • HSPs will each be the employing authority accountable for the discharge of all employment functions in relation to their staff
  • all HSP staff members are subject to, and able to access consistent employment policies and standards across the WA health system.

Applicability

This policy framework is binding on each HSP to which it applies or relates.

Principles

The WA health system will ensure its industrial relations, human resource management and conduct and ethics policy obligations align, and are consistent with government and national policy and legislation, and are communicated and implemented, as appropriate, with all relevant stakeholders.

Legislative context

This policy framework is made pursuant to ss 26(2)(c)(d)(e)(f)(g)(h)(i)(k) of the Health Services Act 2016.

The Health Services Act 2016 refers to policy frameworks in ss. 26-27 and s. 34(2)(c). Other relevant parts in the Act that relate specifically to this policy framework include s. 20(1)(f),(h) and (i), Parts 9-12 and associated Regulations.

The legislation below, may also apply:

  • Corruption, Crime and Misconduct Act 2003
  • Equal Opportunity Act 1984
  • Health Practitioner Regulation National Law (WA) Act 2010
  • Industrial Relations Act 1979
  • Migration Act 1958 (Cwlth)
  • Occupational Safety and Health Act 1984
  • Public Sector Management Act 1994 (and Regulations)
  • Working with Children (Criminal Record Checking) Act 2004

Mandatory requirements

Under this policy framework HSPs must comply with all mandatory requirements* including:

Human Resource Management

Conduct and Ethics

The WA Health Code of Conduct (Code) identifies the fundamental values of the WA health system, and translates these values into principles that guide staff members conduct in the workplace. The Code defines the standards of ethical and professional conduct and outlines the behaviours expected across the WA health system.

Mandatory policies related to conduct and ethics include:

Industrial Relations

The WA Health Industrial Relations Policy outlines the service delivery responsibilities of the Director General (DG) and the Chief Executives of Health Service Providers (HSPs) in relation to industrial relations matters.  

The DG is responsible for the negotiation and registration of health specific industrial agreements and awards. These are registered and maintained by the WA Industrial Relations Commission. The DG sets the employment conditions of HSP employees through these binding agreements and awards. 

HSPs may not establish or enter registered industrial agreements and awards. WA health system agreements and awards are centrally located on the Awards and Agreements Library. This library is updated regularly to include replacement industrial agreements and previous industrial agreements are archived for ease of reference. 

Mandatory industrial relations policies include:

Health Executive Service

In accordance with the Health Services Act 2016. 20(1)(h), 26(1)(h), ss.105-138 the DG will establish a Health Executive Service (HES). The HES is an executive group across HSPs that is mobile through the WA health system within a consistent and standardised classification and remuneration framework.

Supporting information

The following documents support and inform the implementation of this policy framework:

Policy framework custodian

Assistant Director General
Strategy and Governance

Enquiries relating to this Policy Framework may be directed to: PolicyFrameworkSupport@health.wa.gov.au

Review

This policy framework will be reviewed as required to ensure relevance and recency. At a minimum this policy framework will be reviewed within two years after first issue and at least every three years thereafter.

Version Effective from Effective to Amendment(s)
61 4 July 2022 Current Amendment to MP 0075/17 Health Executive Policy. Major amendment to Related document - Health Executive Classification and Remuneration Structure. 
60 17 May 2022 4 July 2022 Amendment to MP 0075/17 Health Executive Policy. Major Amendments to Related Documents including: Consolidation of determined executive officer in the health executive service, Health Executive Classification and Remuneration Structure and Medical Practitioner Only HES Offices. Amendments are to reflect changes to the composition of the Health Executive Service. 
59 7 February 2022
17 May 2022 MP 0048/17 Centralised Intern Application Policy - Major amendments to policy as follows:
  • Altered the title of the Policy for clarification and consistency in terminology.
  • Strengthened the purpose of the Policy to include reference to the National Medical Intern Data Management Working Group.
  • Reclassification of the 2006 COAG Agreement Supporting Information document to a Related Document.
  • Updated the Centralised Intern Application and Allocation Process Related Document.
58 16 November 2021
7 February 2022
MP 0116/19 Grievance Resolution Policy - Amendments to policy to broaden applicability to include the Department of Health resulting in subsequent updates to legislative requirements, definitions, references and links. 
57 25 October 2021
16 November 2021
MP 0075/17 Health Executive Policy - Major amendments made to Related documents: Consolidation of determined executive offices in the health executive service, Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.
56 24 September 2021
25 October 2021 Minor amendments to MP 0151/20 Unauthorised Stoppages: Payment of Wages and Effect on Entitlements Policy. Deletion of requirement to obtain approval from the Minister for Industrial Relations for the payment of wages during an unauthorised stoppage and inclusion of the following Related documents:
  • DMIRS Government Sector Labour Relations Policy Statement - Industrial Action.
  • DMIRS Circular to Departments and Authorities No. 14 of 1980 - Unauthorised Stoppages - Effect on Sick Leave Entitlements - Wages Employees.
55 20 August 2021 
24 September 2021
Changes to wording on the Employment Policy Framework, removed the use of the term 'integrity' and replaced with 'conduct and ethics'. Realigned the wording for Code of Conduct to match the working on the Integrity Policy Framework landing page.
54 29 July 2021
20 August 2021 
Major Amendment: MP 0097/18 Aboriginal Workforce Policy - amended to reflect changes to identified internal and state policies and the Aboriginal Workforce Policy Report endorsement process. Related Document: Amended to reflect changes to the endorsed process and refinement strategy 1 and 2 measures to support data collection.  As a full Policy review was undertaken, a new review cycle will commence.
53 19 July 2021
29 July 2021
MP 0075/17 Health Executive Policy - Major amendments to Related documents; Health Executive Classification and Remuneration Structure, HES appointment acting form (remuneration up to midpoint), HES remuneration increase form (midpoint and below) to reflect the Director General's determination to increase the total remuneration values outlined in the Health Executive Classification and Remuneration Structure effective from 1 July 2021.
52 1 July 2021
19 July 2021
Rescinded: OD 0292/10 and IC 0226/15.
51 30 June 2021
1 July 2021
Retitle IC 0235/15 and relocate from Mandatory requirements to Supporting information as part of the OD/IC Project while under redevelopment to a Mandatory Policy.

Retitle OD 0454/13, OD 0275/10 and Guidelines as part of the OD/IC Project while under redevelopment to a Mandatory Policy.
50 17 June 2021
30 June 2021
Major Amendment: MP 0048/17 Centralised Intern Application and Allocation Policy. Amended to remove outdated related documents and transition the ownership of the Policy from the System-Wide Industrial Relations to PMCWA.
49  3 June 2021
17 June 2021
MP 0075/17 Health Executive Policy - Major amendments to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.
48 10 May 2021
3 June 2021
New MP 0159/21 Workplace Aggression and Violence Policy.
47 4 May 2021 
10 May 2021
MP 0075/17 Health Executive Policy - Major amendments to Related document Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.
46 17 March 2021
4 May 2021
Major Amendment to MP 0065/17 Aboriginal Cultural eLearning Policy.
45 23 December 2020
17 March 2021
MP 0075/17 Health Executive Policy - Major amendments to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.

IC 0212/15 superseded by MP 0147/20 Leave Management for Senior Medical Practitioners Policy.

OP 1858/04 superseded by MP 0148/20 Payment for Patient Escorting Duties for Nurses Policy.

OD 0120/08 superseded by MP 0149/20 Terms of Employment of Interpreters Policy.

OD 0044/07 superseded by MP 0150/20 Travelling Allowance: Categories of Accommodation Policy.

OP 0427/94 superseded by MP 0151/20 Unauthorised Stoppages: Payment of Wages and Effect on Entitlements Policy.
44 27 November 2020
23 December 2020
Rescinded: OD 0156/08.
43 19 October 2020
27 November 2020
Rescinded: IC 0158/13, IC 0159/13, IC 0160/13, IC 0161/13, IC 0162/13, IC 0163/13, IC 0157/13, IC 0107/11, IC 0109/11, IC 0104/11, IC 0076/10, IC 0209/14, IC 0211/15, IC 0149/13 and IC 0225/15.
42 24 April 2020
19 October 2020
Major Amendment to MP0033/16 Recruitment, Selection and Appointment Policy.
41 22 April 2020  24 April 2020
Minor amendment to Employment Policy Framework, Mandatory requirements to amend statement on Treasurer’s Instructions applicable to HSPs including removal of hyperlinks to Records of attendance and time worked and Transfer of Employees.
40 3 April 2020
22 April 2020
Rescinded OP 1850/04  and OP 1861/04.
Minor amendment to Employment Policy Framework to fix hyperlink to Records Awareness Training.
39 2 April 2020
3 April 2020
MP 0075/17 Health Executive Policy - Major amendments made to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.
Minor amendment made to Supporting information, Document control and Policy webpage.
38 14 January 2020
2 April 2020
MP 0075/17 Health Executive Policy - Major amendments made to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.  
Minor amendment made to the Policy document to transition to the current Policy template.
37 2 January 2020
14 January 2020
MP 0040/16 Discipline Policy superseded by New MP 0127/20 Discipline Policy (mandatory requirement under the Integrity Policy Framework).

New MP 0128/20 Use of Official Information, Digital Services (Social Media) and Public Comment Policy superseded OD 0327/11 and OD 0656/16.
36 12 December 2019
2 January 2020
Major Amendment to MP 0075/17 Health Executive Policy - amendment to Related document Health Executive Classification and Remuneration Structure to reflect one change to the composition of the HES.
Hyperlink amended to correct version for Related document HES remuneration increase form midpoint and below.
35 19 November 2019 
12 December 2019
MP 0075/17 Health Executive Policy - Major amendments to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES. 
34 8 November 2019
19 November 2019 
Rescinded: (Mandatory) OD 0372/12 and OD 0373/12; 
Rescinded: (Supporting information) IC 0089/11, IC 0122/12, IC 0224/15, IC 0183/14, IC 0131/13, IC 0219/15, IC 0130/13 and IC 0213/15.
33 31 October 2019
8 November 2019
MP 0031/16 Code of Conduct superseded by MP 0124/19 Code of Conduct Policy.

MP 0029/16 Notifying Misconduct Policy superseded by MP 0125/19 Notifiable and Reportable Conduct Policy.

MP 0043/16 Reporting of Criminal Conduct and Professional Misconduct Policy superseded by MP 0125/19 Notifiable and Reportable Conduct Policy.

MP 0032/16 Pre-Employment Integrity Check Policy superseded by MP 0126/19 Pre-Employment Integrity Check Policy.

MP 0124/19 Code of Conduct Policy, MP 0125/19 Notifiable and Reportable Conduct Policy and MP 0126/19 Pre-Employment Integrity Check Policy are mandatory requirements of the Integrity Policy Framework.

32 28 October 2019  31 October 2019
MP 0034/16 Salary Packaging Policy superseded by new MP 0123/19 Salary Packaging Policy through a Major Amendment.
31 22 August 2019
28 October 2019
MP 0075/17 Health Executive Policy - Major Amendment to Related document HES rationale for remuneration above midpoint form to remove reference to supporting attachments and clarify the effective date for the new health executive appointments.
30 16 August 2019
22 August 2019
Rescinded: (Mandatory) OD 0556/14, (Supporting Information) OP 0524/19, OP 1549/02, OP 1464/01, IC 0148/13, IC 0144/13, IC 0139/13 and OP 1875/04.
29 12 & 13 August 2019
16 August 2019
New Mandatory Policies: MP 0116/19 Grievance Resolution Policy (supersedes OD 0452/13); MP 0117/19 Prevention of Workplace Bullying Policy (supersedes OD 0437/13); and MP 0118/19 Equal Opportunity, Discrimination and Harassment Policy (supersedes OD 0438/13; OD 0649/16 and OD 0634/15). 
28 8 August 2019
12 August 2019
MP 0075/17 Health Executive Policy - Major amendments to Related documents Consolidation of determined executive offices in the health executive service and Health Executive Classification and Remuneration Structure to reflect changes to the composition of the HES.
27 10 July 2019
8 August 2019
Rescinded OD 0563/14 (superseded by MP 0112/19 Gifts, Benefits and Hospitality Policy, within the Integrity Policy Framework) and OD 0264/10 (superseded by MP 0113/19 Managing Conflicts of Interest Policy, within the Integrity Policy Framework).
26 28 June 2019 
10 July 2019
Major Amendment to MP 0075/17 Health Executive Policy - amendment to Related document Health Executive Classification and Remuneration Structure to incorporate the A/Director General's determination on 7 June 2019 to increase the annual salary component for each health executive office specified in the Health Executive Classification and Remuneration Structure by $1,000, effective from 1 July 2019.
25 9 May 2019
28 June 2019 
Major Amendment to MP 0075/17 Health Executive Policy - amendments made to reflect changes to the composition of the Health Executive Service (HES) and to clarify matters in the related forms.
24 28 March 2019
9 May 2019
Rescinded IC 0165/13; IC 0218/15; IC 0204/14; IC 0221/15; IC 0206/14; OP 1907/05 from Supporting Information.
23 27 March 2019
28 March 2019
Rescinded IC 0121/12; OP 1563/02; IC 0222/15; IC 0227/15; IC 0196/14; IC 0184/14; IC 0185/14; IC 0176/14; IC 0191/14; IC 0092/11; IC 0137/13; IC 0214/15; IC 0175/14 from Supporting Information.
22 26 March 2019
27 March 2019
Rescinded IC 0145/13 from Supporting Information.
21 21 March 2019
26 March 2019
Rescinded IC 0202/14 from Supporting Information.
20 24 December 2018
21 March 2019
New MP 0102/18 Classification Policy superseding OP 1753/04, OP 2038/06, OP 2070/06, OP 2103/06, OD 0030 & OD 0386/12.       
Major amendment to MP 0075/17 Health Executive Policy
19 13 December 2018
24 December 2018
OD 0634/15 and OD 0656/16 allocated to the framework. 
18 22 November 2018
13 December 2018
New MP 0096/18 Health Care Facilities Medical Advisory Committee Policy.
New MP 0097/18 Aboriginal Workforce Policy, superseded OD 0581/14.
New MP 0100/18 Management of Accrued Leave Policy.
Rescinded OP 1606/02, OD 0601/125, OD 0602/15, OP 1821/04, OP 0586/15, IC 0086/11 from Mandatory requirements.
OP 1850 removed from Employment Policy Framework but still active as a Mandatory requirement within the Legal Policy Framework.
17 18 October 2018
22 November 2018
Major amendment to MP 0082/18 Classification Policy for WA Health System Classification Review Committee.
16 28 September 2018
18 October 2018
Rescinded IC 0118/12 from Supporting Information.
15 3 July 2018
28 September 2018
Industrial Agreements removed from the body of the Policy Framework.
14 11 April 2018
3 July 2018
New MP 0082/18 Classification Policy for WA Health System Classification Review Committee, superseding MP 0020/16 Classification Policy. Major Amendment to MP 0075/17 Health Executive Policy.
13 14 December 2017
11 April 2018
New MP 0075/17 Health Executive Policy. Note: Policy published on 13 December, but not added to Policy Framework until 14 December 2017.
12 28 September 2017
14 December 2017
Rescinded MP 0028/16 Redeployment and Redundancy Policy, OD 050/14, OD 0639/15, OD 0408/12, OD 0619/15, OD 0603/15, OD 0638/15, IC 0234/15, IC 0233/15, OP 1845/04, IC 0205/14, IC 0232/15, OP 0500/94, OP 0072/91, OP 0496/94, OP 0045/91 from Mandatory Requirements.
11 21 September 2017
28 September 2017
Major Amendment MP 0031/16 Code of Conduct.
10 6 September 2017
21 September 2017
New MP 0065/17 Aboriginal Cultural eLearning Policy, superseding OD 0599/15.
9 16 August 2017
6 September 2017
New MP 0064/17 Appointment of Interns and Progression to Resident Medical Officer Policy.
8 6 July 2017
16 August 2017
Rescinded OD 0624/15 from Supporting Information.
7 11 May 2017
6 July 2017
Rescinded IC 0126/12.
6 3 April 2017
11 May 2017
New MP 0048/17 Centralised Intern Application and Allocation Policy.
5 4 January 2017
3 April 2017
New MP 0044/17 Clinical Academic Funding Policy.
4 29 December 2016
4 January 2017
Amended MP 0029/16 Notifying Misconduct Policy.
New MP 0043/16 Reporting of Criminal Conduct and Professional Misconduct Policy.
New MP 0042/16 Standardised Position Titles Policy, superseded OD 0544/14 and OD 0449/13.
Rescinded OD 0544/14 and OD 0449/13 from Mandatory Requirements.
3 2 December 2016
29 December 2016
New MP 0040/16 Discipline Policy with Explanatory Notes and Templates Letters superseded MP 0027/16 Misconduct Policy.
New MP 0041/16 Managing Unsatisfactory and Substandard Performance Policy with Explanatory Notes, PIP and Template Letters superseded MP 0030/16 Managing Unsatisfactory and Substandard Performance Policy.
2 14 September 2016
2 December 2016
Added new WA Health - HSUWA - PACTS Industrial Agreement 2016, supersedes WA Health - HSUWA - PACTS Industrial Agreement 2014.
1 1 July 2016 14 September 2016 Original version

Approval

This policy framework has been approved and issued by the Director General of the Department of Health as the System Manager.

Approval byDr David Russell-Weisz, Director General, Department of Health
Approval date01 July 2016
Date published22 November 2018
File numberF-AA-40147

Compliance

This policy framework is binding on those to whom it applies or relates. Implementation at a local level will be subject to audit.

Glossary of terms

Term Meaning
Applicability Under Section 26 of the Health Services Act 2016, policy frameworks may apply to:
  • All Health Service Providers
  • A type of public health service facility
  • A type of public health service
  • A type of staff member of a health service provider.
Employee

Means a person employed in a Health Service Provider and includes:

  • The Chief Executive of the Health Service Provider
  • A health executive employed in the Health Service Provider
  • A person employed in the Health Service Provider under s.140
  • A person seconded to the Health Service Provider under ss. 136 and 142.

(Refer also to s. 6 of the Health Services Act 2016).

Health Executive Service

The Health Executive Service is established by the Director General and comprises:

  1. The chief executives of health service providers; and
  2. The persons holding offices that are for the time being the subject of a determination made by the Director General.

(Refer also to s.105 of the Health Services Act 2016).

Health Service Provider Health Service Provider means a health service provider established under section 32 of the Health Services Act 2016 and may include North Metropolitan Health Service (NMHS), South Metropolitan Health Service (SMHS), Child and Adolescent Health Service (CAHS), WA Country Health Service (WACHS), East Metropolitan Health Service (EMHS), Quadriplegic Centre and Health Support Services (HSS).
Staff Member An employee in the Health Service Provider or a person engaged under a contract for service by the Health Service Provider. Refer to s. 6 of the Health Services Act 2016.
System Manager The term used for the Department CEO to reflect his role as being responsible for the overall management of the WA health system (see s.19 Health Services Act 2016).
WA health system The WA health system is comprised of the Department, Health Service Providers (NMHS, SMHS, CAHS, WACHS, EMHS, Quadriplegic Centre and HSS) and to the extent that contracted health entities provide health services to the State, the contracted health entities.