Employment Standard and breach claims

The Department of Agriculture and Food, Western Australia (DAFWA) aims to ensure every recruitment process to fill a job vacancy complies with the Employment Standard as outlined in the Public Sector Commissioner’s Instructions. Any applicant who feels the compliance requirements have not been met can lodge a breach of standard claim to have the process reviewed.

Employment Standard

The desired outcome of each recruitment process at DAFWA is that the most suitable and available person or persons are selected and appointed.

The Public Sector Commissioner’s Employment Standard contains four principles, which must be complied with when filling a vacancy in the WA public sector.

Merit principle

  • Agencies assessment processes must take into account:
    • the extent to which the person has the skills, knowledge and abilities relevant to the work related requirements and outcomes, and
    • if relevant, the way in which the person carried out any previous employment or occupational duties.

Equity principle

  • Employment decisions are impartial and free from bias, nepotism and patronage.
  • For transfers, the employment conditions are comparable.
  • For secondments, the employee agrees to the arrangements.

Interest principle (applies to acting, secondments and transfers)

  • Decisions about an employee’s acting, secondment or transfer take into account the interests and work-related requirements of the relevant public sector body and the employee.

Transparency principle

  • Decisions and outcomes are transparent and capable of review.

Breach claims

At the conclusion of the selection process, you will be notified of the outcome and are encouraged to seek feedback. If you are unsuccessful and believe that one or more of the compliance requirements have not been met, you may lodge a formal application for a review of the process. Please note, you only have four working days to apply for a breach of standard claim.

It is important to note that the regulations do not provide for a review of the process to be undertaken on the grounds that you consider you were more competitive than the selected applicant or applicants.

Information about this process will be sent to you when you are notified of the outcome of the selection decision. Should you have any queries please phone DAFWA Recruitment.

The Employment Standard covers every type of recruitment process whether it is fixed term, casual or permanent.  However, if the advertised position was for less than six months, a breach claim is not valid unless the position was advertised with a possibility of extension beyond six months.

If at any time you feel your application is not being dealt with fairly, you are encouraged to discuss your concerns with the chair or nominated contact person of the selection panel. You can also contact DAFWA Recruitment.

Contact information

DAFWA Recruitment
Page last updated: Thursday, 17 November 2016 - 3:57pm