This fact sheet outlines your rights when it comes to meeting your learning and development needs as identified through the Capability Development process (see ATO GE Agreement 2009 fact sheet #5). Your entitlements can be found in your ATO (General Employees) Agreement 2009 (GEA) in clause 124.
What are the ATO’s obligations to staff?
The ATO will:
ensure employees have the capabilities
needed to do their job as the work/role changes by, wherever practicable,
providing access to learning and development activities prior to new work
ensure that employees have the time and
opportunity to meet their agreed needs as identified in their Learning and
provide employees with a range of learning
and development opportunities to address these needs, including:
on the job learning
self directed learning
technology based learning
What are your rights?
Where the ATO is unable to provide access to
learning and development prior to new work being undertaken, time & support will
be provided to employees in order that they can acquire the capabilities for
their new work/role.
What happens if you can’t complete a formal
The agreement says that if you:
a) have been unable to successfully complete a
formal assessment process (such as obtaining accreditation, or completion of a
development program), or
b) are not making reasonable progress towards
meeting identified learning or development needs as part of the particular
you and your Team Leader must discuss the most
appropriate course of action.
Appropriate action might include you addressing
the learning or development needs identified in your assessment in order to be
re-assessed. In this case appropriate support must be provided by the ATO to
assist you in addressing these learning or development needs.
Where formal assessment occurred as
part of professional accreditation (scenario “a” above), and the identified
training and development needs cannot be met, then you can be assigned to other
These duties must be:
a) at your existing substantive level,
b) commensurate with your capabilities, and;
c) must take into account your personal
circumstances (including home office and area), work history and contribution to
the work of the ATO.
Where formal assessment occurred as part of a
development program (scenario “b” above), and you are unable to meet the
identified learning needs, you may be removed from the program.
You have the right to be represented by CPSU in
all capability assessment related matters, including any discussion about
failure to complete a formal assessment process and any subsequent action.
If you disagree with a decision made in relation to your assessment, please
talk to your CPSU delegate or the Member Service Centre on 1300 137 636
immediately. They can help you to use the Disputes Avoidance and Settlement
Procedures (DASP) in your Agreement or to lodge a review of employment action.
It is important that you keep written documentation of this process and any
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 at
www.cpsu.org.au, or call 1300 137 636.