This fact sheet outlines your rights when it comes to Capability Development. Your entitlements can be found in your ATO (General Employees) Agreement 2009 (GEA) in clauses 122 and 123.
What is Capability Development?
Capability Development provides a framework for maintaining and developing individual and organisational capability, acknowledging mutual responsibility for learning and development. The GEA requires a commitment on the part of both the ATO and employees covered by the agreement.
What are the ATO’s obligations to staff?
The ATO must ensure all employees:
have opportunities to develop and maintain the capabilities required to perform their current job, now and as it may evolve;
have opportunities to develop the varied and transportable capabilities they will need to advance their career, in the context of the ATO’s future business directions, organisational priorities and team operational requirements;
have a Learning and Development Plan with their Team Leader that identifies agreed learning and development needs, how and when they will be addressed and how the learning outcomes will be measured.
What are your obligations?
Employees are required to:
develop a Learning and Development Plan as part of their Performance and Development Agreement with their Team Leader to address gaps in capabilities;
keep their capabilities for their current job up to date;
undertake identified learning and development activities in keeping with corporate priorities, as agreed with or directed by their Team Leader, and any assessment activities related to these activities; and
contribute to the learning and development of other employees as agreed with or directed by their Team Leader. Where the training and support is provided in a buddying / mentoring or for on the job training then it is an expectation that this is part of your normal role.
What are your rights?
Capability assessment processes cannot be used for an underperformance process for the purposes of clauses 107 and 108, or disciplinary, redundancy or pay review processes.
The Learning and Development needs identified in the Performance and Development Agreement are subject to agreement between you and your team leader, and:
learning needs for your current job are to be based on the Performance Agreement; and
development needs must take into account your career aspirations as well as the ATO’s future business directions, organisational priorities and operational requirements.
The principles underlying the capability assessment processes include:
the rules of natural justice; and
the need for fairness, equity and transparency in conducting assessments.
Can capability assessment be undertaken as part of an underperformance process?
No - Clause 122.6 specifically excludes formal or informal assessments being used for underperformance as it may relate to clause 107 or 108 of the agreement.
If I move into a new job should I expect to receive training prior to starting this job?
Clause 124.2 states that "wherever practicable" the ATO will provide access to learning and development prior to new work being undertaken. However time and support does have to be provided to employees to acquire the capabilities they need for their new role.
Can I be made to get formal qualifications in the job I currently occupy?
Clauses 126.6-7 state that if there is any change to the requirement for formal qualifications for current jobs then employees will be advised and they and their representatives will be consulted.
How will I be assessed?
Informal assessment
This is usually conducted in conjunction with the PDA conversation.
It may involve:
self-assessment,
team leader discussion of the self assessment,
team leader/advisor/coach or work place assessor observations,
feedback from client/team members/peers, and
learning and development outcomes from an agreed learning event.
Formal assessment
This is a process of gathering information about an individual‘s capabilities in a process that collects multiple sources of evidence to measure achievement against a defined set of capability benchmarks.
A formal assessment process will be conducted by independent appropriately skilled assessors trained in relevant assessment methodologies, with the necessary expertise in the work being assessed to provide accurate assessments.
Formal assessment processes are only used when assurance of capability is required in order to complete certain work, for example ATO Professional Accreditation process, Graduate Program and other development programs in clause 125.
Before formal assessment occurs employees will be notified at the earliest possible time.
Psychometric Testing
The agreement states that the ATO does not intend to use psychometric tests as part of the informal capability assessment processes. It does however allow for psychometric testing in some other circumstances.
Representation rights
You have the right to be represented by CPSU in all capability assessment related matters. If you disagree with a decision made in relation to your assessment, please talk to your CPSU delegate or call CPSU 1300 137 636 immediately. They can help you use the Disputes Avoidance and Settlement Procedures (DASP) in your Agreement or lodge a review of employment action. It is important that you keep written documentation of this process and any relevant correspondence.
Join CPSU
CPSU exists to make a positive difference to members’ lives. Collective strength gives us the power to defend your rights at work. To join CPSU, see your workplace delegate for an application form, join securely online atwww.cpsu.org.au, or call 1300 137 636.
