Queensland Consolidated Acts

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PUBLIC SERVICE ACT 2008 - SECT 149B

Review of status after 2 years continuous employment

149B Review of status after 2 years continuous employment

(1) This section applies in relation to a person who is a fixed term temporary employee or casual employee if the person has been continuously employed in the same department for 2 years or more.
(2) However, this section does not apply to a non-industrial instrument employee.
(3) The department’s chief executive must decide whether to—
(a) continue the person’s employment according to the terms of the person’s existing employment; or
(b) offer to convert the person’s employment basis to employment as a general employee on tenure or a public service officer.
(4) The department’s chief executive must make the decision within the required period after—
(a) the end of 2 years after the employee has been continuously employed as a fixed term temporary employee or casual employee in the department; and
(b) each 1-year period after the end of the period mentioned in paragraph (a) during which the employee is continuously employed as a fixed term temporary employee or casual employee in the department.
(5) In making the decision—
(a) section 149A (2) and (3) applies to the department’s chief executive; and
(b) the department’s chief executive must have regard to the reasons for each decision previously made, or taken to have been made, under this section or section 149A in relation to the person during the person’s period of continuous employment.
(6) If the department’s chief executive decides not to offer to convert the person’s employment under subsection (3) , the chief executive must give the employee a notice stating—
(a) the reasons for the decision; and
(b) the total period for which the person has been continuously employed in the department; and
(c) for a fixed term temporary employee—how many times the person’s employment as a fixed term temporary employee or casual employee has been extended; and
(d) each decision previously made, or taken to have been made, under this section or section 149A in relation to the person during the person’s period of continuous employment.
(7) If the department’s chief executive does not make the decision within the required period, the chief executive is taken to have decided not to offer to convert the person’s employment and to continue the person’s employment as a fixed term temporary employee or casual employee according to the terms of the employee’s existing employment.
(7A) For working out how long the person has been continuously employed in the department
(a) all periods of authorised leave are to be included; and
(b) the person is to be regarded as continuously employed even if there are periods during which the person is not employed in the department, if the periods of non-employment in the department total 12 weeks or less in the 2 years occurring immediately before the time when the duration of the person’s continuous employment is being worked out.
(8) The commission chief executive must make a directive about making a decision under this section.
(8A) The directive must provide for—
(a) the matters a department’s chief executive must consider in deciding the hours of work to be offered in converting a person’s employment under subsection (3) (b) ; and
(b) the circumstances in which a person may appeal against the decision about the hours of work offered in converting the person’s employment.
(9) In this section—

"fixed term temporary employee" includes a general employee employed under section 147 on a temporary basis for a fixed term.

"required period" , for making a decision under subsection (3) , means—
(a) the period stated in an industrial instrument within which the decision must be made; or
(b) if paragraph (a) does not apply—28 days after the end of the period mentioned in subsection (4) (a) or (b) .



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