Know Your Rights - Probation
In almost all cases, appointments of new staff in CSIRO are made on probation. The probationary period will be specified at the time of appointment and will normally be a period of 6 or 12 months.
In general, a 12 month probationary period applies to - Research Management, Corporate Management, Research Scientist/Research Engineer, Senior Specialist and professional staff in Research Projects, Administrative Services, Technical Services and Communication and Information. A 6 month probationary period generally applies to all other staff. The probationary period of employment is a time when a probationer's suitability for appointment is considered by assessing their work performance and conduct and ensuring medical requirements for appointment are satisfied. Except in special circumstances, all new indefinite appointments and term appointments of more than 1 year are made on probation. The special exceptions can apply to former CSIRO staff, transfers from another public sector agency and indefinite appointments of existing term contract staff.
Responsibilities of Supervisors
It is the supervisor's responsibility to enable the probationer to demonstrate their potential, by ensuring attentiveness to the needs of the probationer, providing guidance and training, establishing standards of conduct and appropriate performance, instruction in safe work practices, and generally taking a supportive and constructive approach. Supervisors must ensure that probationers are properly inducted and provided with appropriate training and feedback. They must also make documented assessments of work performance and provide counselling based on these assessments. Finally, they must make a recommendation on whether the probationer should be confirmed in the position.
Initial Induction Interview
At the beginning of the probationary period, the supervisor must arrange an interview session with the probationer to provide information and documentation outlining the details of the probationary process, the terms and conditions of service and work environment [staff facilities, safety, emergency procedures etc.]. The supervisor and probationer must discuss the work duties required and outline objectives and goals for the probationary period, ie.completion of Stage 1 of the PPE process.
Assessing Work Performance and Conduct
The assessment of work performance and conduct requires the supervisor to conduct performance reviews at regular intervals. Performance reviews should occur in the 4th, 8th and 11th months of service for staff on 12 months probation and at 3 and 5 months for staff on 6 months probation. The supervisor must review the probationer's work performance by addressing such issues as performance against agreed objectives, quality of work, ability, personal qualities and attitudes. The performance assessments must be in writing and the probationer must read, sign and date the reports indicating that their contents have been noted. Any adverse aspect of a probationer's performance must be specifically drawn to the probationer's attention. The probationer must be given the opportunity to comment on any aspect of the report and to have those comments documented on the report.
Assessment of Health and Physical Fitness
This assessment is usually carried out by the Commonwealth Medical Officer, who should provide a recommendation prior to confirmation of appointment that the probationer’s health and physical fitness will allow them to efficiently carry out their duties. The arrangements for medical assessment will normally be organised by the local Human Resources office. Even if a probationer passes the medical, excessive amounts of sick leave during probation may result in a referral for further medical assessment.
Confirmation, Extension or Annulment of Appointments
The Chief (or delegate) is responsible for confirming all appointments. They make that decision based on the satisfactory completion of the probationary period and assessment of the health and fitness of the probationer. As part of this process, the Chief should also review the CSOF classification and increment levels to ensure that the position is confirmed at the correct CSOF level. Confirmation of appointment must occur before the expiration of the probationary period. The probationer should be advised in writing. The probationary period can be extended (up to a maximum of 24 months) if the Chief believes that the performance is unsatisfactory, yet shows signs of improvement that could be enhanced with remedial action. An appointment can be annulled at any time during the probationary period or extension. Annulment can be the result of the failure of the probationer to meet the required level of performance, neglect of duty, failure to comply with work directions, misconduct or failure to satisfy the medical fitness standards.
A probationer should receive written notification of the intention to extend or annul their appointment and be supplied with copies of all relevant documentation and invited to provide any further information, before the decision is made. [If annulment is decided on medical grounds, then copies of medical reports must be supplied]. The probationer has 2 weeks to supply any further information. The Chief must consider additional information supplied by the probationer and may seek an interview with the probationer before any final decision is made. The final decision to annul or extend must be supplied in writing. All documentation concerning an individual's probationary period, assessments and recommendations are strictly confidential.
Grievances
The probationer is entitled to use the CSIRO grievance procedures if they are not satisfied with any of the decisions or procedures during probation. A grievance concerning a recommendation for annulment must be lodged within 5 working days of receipt of the formal written notice. Any annulment decision is held in abeyance until the grievance is determined.
Probationary employees are excluded from claiming unfair dismissal under the Workplace Relations Act 1996
Staff Association Assistance
Members can be provided advice and assistance during all stages of the probationary period. Members are entitled to be accompanied by a Workplace Delegate or a colleague officer, or be represented by an Association official at any interview. Expert advice and representational assistance in grievance procedures can be supplied. Please contact your local Workplace Delegate or Organiser.
Contacts
Your local Workplace Delegate is your best first contact, if you don't know who that person is – check the Association notice board at your site or call the Staff Association Office on 03 8620 6348.
Other relevant information:
CSIRO Personnel Management Manual, Part 3.2
CSIRO Section-CPSU, Know Your Rights - Grievance Procedures.
AUTHORISED BY Pauline Gallagher, Secretary, CSIRO Staff Association, August 2004.
