Australian Public Service agencies are free to hire former ComSuper staff who now work for Commonwealth Superannuation Corporation following the merger of the two agencies on July 1, despite the fact they now work outside the public service.
The Australian Public Service Commission advised agencies this week that against the recommendation of commissioner John Lloyd, those employees have the same “employment mobility rights” as other APS staff for a grace period of three years.
The APSC will provide written proof of their employment history and the fact they now work at CSC as a result of the merger, if required.
Federal agencies can now take on those CSC staff through “section 26” transfers and they also have access the APS redeployment register, in the case they are declared excess to requirements.
The Community and Public Sector Union argued for the amendment in a submission to the Senate Finance and Public Administration Legislation Committee in May, but while Labor members of the committee agreed the rights were of value to the employees, they did not push the point strenuously and the committee recommended simply that the bill be passed.
Labor MP Bernie Ripoll later secured the amendment during negotiations with the government.
Lloyd told the Senate committee that employment mobility rights which did still apply to staff of Commonwealth bodies outside the APS before 1999 “adversely affected the capacity of employers to manage their workforces in a flexible manner” and that there was “no compelling reason” to amend the bill.
As another consequence of the same legislation, Public Sector Superannuation Accumulation Plan (PSSAP) members will have to start paying administration fees which were previously paid by the Commonwealth.