ACCESS OF PUBLIC SERVANTS TO AUSTRALIAN INDUSTRIAL TRIBUNALS: ATTITUDES OF GOVERNMENTS AND GOVERNMENT EMPLOYERS*

Abstract: Some recent cases in the arbitration tribunals involving strikes and work bans suggest that some governments and government employers are apprehensive about and resentful of the intrusion of the tribunals into their affairs. The Commonwealth government, for instance, recently amended the Public Service Act to remove what were seen as threats to the efficiency of the public service resulting from constraints imposed by the Arbitrator on the Public Service Board in relation to recruitment, selection and promotion. At the State level, the issues which arise in many public service strikes are not industrial in character, yet as the strike in almost all gaols in N.S.W. earlier this year illustrated, an industrial tribunal can help the conflicting parties reach an agreement. If, however, the tribunal fails in such efforts, it can do no more, where the issues are not industrial, than state its views about what is just and reasonable in the circumstances and perhaps recommend how the dispute should be resolved. Since 1974 the attitude of the N.S.W. Public Service Board toward this category of recommendations has hardened, as illustrated by the 1975 Teachers Case re Preference; the 1978 Prison Officers Case re Disciplinary Proceedings; and the 1978 Teachers Case re Disciplinary Proceedings. But while some governments and government employers fear that the discharge of their responsibilities is being impaired by industrial tribunals, they are nevertheless prompt in enlisting the aid of these bodies when in trouble and often find such aid indispensable. Governments and government employers will have to learn to live with the industrial tribunals, which, at the Commission level, are part of the judiciary and have an obligation to discharge their statutory responsibilities independent of the executive branch of government.     

DISCUSSION ON PAPERS BY Mr JACOBS AND Ms McCLELLAND

Speakers included Mr E. Matthews (Tasmanian Public Service Board), Mr L. Cleland (Australian Archives), Dr E. W. Russell (Victorian Public Service Board), Mr B. Rope (Commonwealth Public Service Board) and Mr L. Laing (Commonwealth Attorney General's Department). There was considerable debate about the use of work measurement techniques in efficiency audits. Some speakers argued that management review programs are best seen as concerned with broad indicators of efficiency and effectiveness, especially at the higher levels of the organization, and that there were many troubles about the use of work measurement techniques. Some Public Service Boards were said to have reservations about these techniques in the context of efficiency reviews.     

Consultants and the Public Service

Governments, as well as the community at large, need disinterested analysis and advice. It is important that governments are advised on the options for and against intervention in what some perceive as wrongs, and the potential and likely costs as well as the benefits to the whole community of such interventions. When the Royal Commission on Australian Government Administration (RCAGA) was set up, most of this advice came from 'official sources': principally the Commonwealth Public Service, supplemented by official bodies such as the Tariff Board and the Bureau of Agricultural Economics. RCAGA was concerned about the narrowness of Australian policy discourse (especially in relation to economic policy), and explored several avenues for widening it. Ironically, these possibilities did not include what has turned out to be a very significant alternative to official sources: the use of outside consultants. This paper reviews the growing use of consultants in government, starting from the concerns of RCAGA, and exploring the institutionalisation of 'outside' advice, and the impact of this on the capacity of the public service to advise.     

EFFICIENCY AND EFFECTIVENESS: PROBLEMS OF ASSESSMENT

Abstract: The paper focuses on the Coombs Commission's recommendations on efficiency and effectiveness in the Commonwealth Public Service. The recommendations involve the allocation of organizational responsibility for efficiency and effectiveness to the Department of Prime Minister and Cabinet, the Public Service Board, Treasury and the Auditor-General and individual responsibility to the departmental manager through the establishment of a "Forward Estimating Budgetary" process. However the Commission has given little guidance in the matter of the technological tools which must be developed in order to secure its implementation.
The Commonwealth Public Service Board has developed over the last two years a program of Staff Utilization Reviews (S. U. Rs) as one of its management improvement programs. The paper canvases the technological aspects of efficiency and effectiveness drawing upon the development and operational experience of the S.U.R. program. It concludes that much resource-intensive work must be done before the Commission's recommendations can be implemented but Australian and overseas experience confirms the potential fruitfulness of that work.     

THE PUBLIC SERVICES AND CO-OPERATTVE FEDERALISM

A paper of this type clearly calls for some definition of terms. Although "The Public Services" are usually seen to comprise the State Public Services and the Australian Public Service, in reality of course, government institutionalized services to the public go beyond these seven agencies. All the statutory authorities—Commissions, Corporations, Boards and Trusts—are part of public administration; so also are local government bodies. There are in the various public services some agencies which form part of the public service proper (i.e. a Department defined as such under one or other of the Public Service Acts) whereas in others they have the independence of a corporate entity. In South Australia for instance the whole state water supply and sewerage services are provided by one public service department, the Engineering and Water Supply Department. In the other states those services are provided by more than one agency and these range from government departments and local governing bodies to statutory authorities. A similar division of responsibility exists in the road construction area where some states perform their highway undertakings through the agency of a statutory authority, while others prefer the tighter Ministerial control of a government department.     

THE NORTHERN TERRITORY GOVERNMENTS CANBERRA REPRESENTATIVE

On 14 July 1980 an experiment began in Australian Federal-State relations which has been accorded little recognition. On that day the Northern Territory government opened an office in Canberra for its new "Canberra Representative". It was a step no State government had ever taken, although several had discussed such a move over the previous decade during general reconsiderations of the machinery of Federal-State relations. In particular, Sir Henry Bland's Board of Inquiry into the Victorian Public Service saw some benefits in the location in Canberra of one or more members of a proposed Commonwealth/State Relations Unit (now the Federal Affairs Division of the Premier's Department) in the State public service, although it chose finally not to recommend it     

Australia's Northern Territory perspectives of public sector reform

This article analyses the forces driving reform of the Northern Territory Public Sector over the past 20 years. It spans an era in which the NT, a ‘small State’ moved from colonial-style dependency on external governments to self-government, with corresponding shifts in the public service. Included is an analysis of the demise of old civil service traditions and their replacement with modern methods of policy development and implementation. It scrutinizes the impact of politicians and politics on the public sector. It examines new legislation currently governing the public sector and the role played by the Public Service Commissioner in leading the reform movement through all its stages—from the analysis of weaknesses in earlier legislation to the passage of new legislation which encapsulates the philosophy behind a modern and effective public sector. It looks at what subordinate legislation is needed by a public service to add substance to a primary Public Sector Employment & Management Act. It analyses the main functions of the Act and highlights the roles and relationships of politicians with the Public Service Commissioner and the Chief Executive Officers of various government departments. Finally, it attempts to evaluate the strengths and weaknesses of the Act after three years of operation. (© 1997 by John Wiley & Sons, Ltd.)     

Integrated leadership system in the Australian Public Service

On 16 July 2004 the Australian Public Service Commission launched a new approach to leadership capability development for the public service. This approach, the Integrated Leadership System (ILS), is described as innovative and unique by the four speakers who make up this presentation—including Andrew Podger (AO), Public Service Commissioner, Jane Halton, Secretary of Health and Ageing, Anne Simic, Head of People, Qantas, and Dr Peter Shergold, Head of the Public Service and Secretary of the Department of Prime Minister and Cabinet.     

The New Public Service Revisited

The New Public Service describes a set of norms and practices that emphasize democracy and citizenship as the basis for public administration theory and practice. This article revisits some of the core arguments of the New Public Service and examines how they have been practiced and studied over the past 15 years. The authors conclude that neither the principles of the New Public Service nor those of the New Public Management have become a dominant paradigm, but the New Public Service, and ideas and practices consistent with its ideals, have become increasingly evident in public administration scholarship and practice.     

Accountability and Leadership in Twenty‐First Century Whitehall

In July 2013 the UK's coalition government published “The Civil Service Reform Plan – One Year on”, reporting on progress against minister Frances Maude's objectives to shake up the civil service. This followed various reported disagreements between ministers and civil servants over policy implementation, and a research report commissioned by the government from think tank IPPR into lessons from overseas for civil service reform. This trio of short articles reviews the government's proposals from three perspectives: that of the lead author of the IPPR report, a former senior civil servant, and the chair of the House of Commons Public Administration Committee (PASC) which oversees the civil service. The authors take differing views on the proposals, which include introduction of ‘extended ministerial offices’, and greater control by ministers over choosing their civil servants. Should these be seen as useful next steps, worrying developments, and/or large and important enough to merit a Commission on the civil service, as PASC has suggested?     

Civil Service Reform—Trust on Trial

In July 2013 the UK's coalition government published “The Civil Service Reform Plan – One Year on”, reporting on progress against minister Frances Maude's objectives to shake up the civil service. This followed various reported disagreements between ministers and civil servants over policy implementation, and a research report commissioned by the government from think tank IPPR into lessons from overseas for civil service reform. This trio of short articles reviews the government's proposals from three perspectives: that of the lead author of the IPPR report, a former senior civil servant, and the chair of the House of Commons Public Administration Committee (PASC) which oversees the civil service. The authors take differing views on the proposals, which include introduction of ‘extended ministerial offices’, and greater control by ministers over choosing their civil servants. Should these be seen as useful next steps, worrying developments, and/or large and important enough to merit a Commission on the civil service, as PASC has suggested?     

The Civil Service Reform Plan One Year On,and the International Evidence

In July 2013 the UK's coalition government published “The Civil Service Reform Plan – One Year on”, reporting on progress against minister Frances Maude's objectives to shake up the civil service. This followed various reported disagreements between ministers and civil servants over policy implementation, and a research report commissioned by the government from think tank IPPR into lessons from overseas for civil service reform. This trio of short articles reviews the government's proposals from three perspectives: that of the lead author of the IPPR report, a former senior civil servant, and the chair of the House of Commons Public Administration Committee (PASC) which oversees the civil service. The authors take differing views on the proposals, which include introduction of ‘extended ministerial offices’, and greater control by ministers over choosing their civil servants. Should these be seen as useful next steps, worrying developments, and/or large and important enough to merit a Commission on the civil service, as PASC has suggested?     

THE CAREER SERVICE IN THE 1980s: WHAT ARE THE FACTS?

This paper seeks to provide statistics on how the career service has developed within Commonwealth Government administration over the past decade or so. On the basis of trends in these data some speculations are offered on how the career service might look in the 1980s. The views expressed are speculations, not forecasts. In Commonwealth administration, the career service concept has by and large been held to embrace staff employed in the Commonwealth Public Service (CPS) under the Public Service Act, particularly permanent staff. While it is possible to debate the extent of the career service, this paper will confine itself to full-time permanent, temporary and exempt staff of the CPS, employed under the Public Service Act. It thus excludes staff employed under other Acts, although the opportunities for movement of CPS staff to statutory authorities and back again should not be overlooked.     

The Investment Approach to Public Service Provision

The investment approach to public service provision is now receiving considerable attention worldwide. By promoting data‐intensive assessments of baseline conditions and how government action can improve on them, the approach holds the potential to transform policy development, service implementation, and program evaluation. Recently, variations on the investment approach have been applied in Australia to explore the effectiveness of specific programs in employment training, criminal justice, and infrastructure development. This article reviews the investment approach, presents a Public Investment Checklist to guide such work, and discusses three examples. It concludes by considering the implications of investment thinking for the work of policy designers and public managers.     

Managing Markets for Public Service: The Role of Mixed Public–Private Delivery of City Services

The privatization experience of U.S. municipalities shows declining use of complete contracts and a dramatic rise in mixed public–private delivery (joint contracting) of city services. The analysis here shows that city managers have recognized the need to move beyond a simple dichotomy between market delivery and public planning to an approach that balances concerns with efficiency, market management, and citizen satisfaction. The New Public Management stresses the importance of competition and efficiency, transaction costs economics emphasizes the challenges of contract management, and New Public Service assigns primary concern to citizen engagement. Nonetheless, city managers see the need to balance all three. The analysis shows the evolution of a middle position where city managers integrate markets with public delivery and give greater attention to citizen satisfaction in the service delivery process.     

CURRENT DEVELOPMENTS IN CANADIAN PUBLIC ADMINISTRATION

Little more than a decade ago the basic structure of the Canadian public service was radically reformed. In accordance with recommendations of the Glassco Royal Commission on Government Organisation the central agencies were restructured and their relations with departments reconstructed to shift as much as possible the location of responsibility for financial and personnel management to the departments. The Treasury Board, a statutory committee of Ministers, separated from the Department of Finance which handles economic and revenue policy, became the Government's management agency responsible for budgeting as well as financial and personnel administration. It was also cast in the role of "employer" for purposes of collective bargaining, which was introduced into the Service at the same time and thereby aligned labour relations in the Service with the system which had prevailed in the private sector since the Second World War. Responsibility for recruitment and promotion of staff according to "merit" was vested in the Public Service Commission, an independent agency reporting directly to Parliament, which also has some advisory functions in respect of training. These legislatively-based changes were accompanied, especially after Mr. Trudeau became Prime Minister in 1968, by construction of an elaborate Cabinet committee system and more policy coordination at the administrative level by an expanded Privy Council Office. Structural change was reinforced by changes in methods of operation. Over the next few years new techniques in budgeting, which was placed on a program basis, policy evaluation and performance measurement were introduced. Under the guiding hand of the Planning Branch in the Treasury Board Secretariat, increasing emphasis was given to planning and research in central agencies and departments.     

New Public Management and ‘Photocopy’ Bargaining in the Australian Public Service

The industrial relations policy of the Federal Coalition Government is to encourage industrial bargaining to occur at the enterprise or individual level, free from ‘outside’ influences. While it encourages devolved bargaining at the agency and individual level within the Public Service (Australian Public Service) this policy creates tensions with its role as a centralized policy maker, economic manager and employer of the APS workforce. It also conflicts with the APS' adoption of New Public Management. In practice, the government retains considerable centralised control over agency bargaining outcomes, which is a de facto method of pattern bargaining. By analysing the substantive outcomes from nine APS agency level certified agreements (hours of work, pay and leave entitlements), the article discusses whether this one size fits all' model is evidence of an appreciation that public sector industrial relations is separate and distinct from private sector industrial relations, or another example of duplicity in the federal coalition government's ideology driven approach to industrial relations.     

In search of an anatomy of African administrators

By way of welcoming one of the first—and still too few—accounts by African administrators of what it was like to have served under two masters, one British and one African, the article first reviews the chronology of the literature on and by Africa's administrators. Starting from a survey of the history of the British Colonial Administrative Service and some of the recent memoirs of its members, a milestone in the literature is signalled by the shift in emphasis of public service commissions of enquiry away from primary concern with salaries and conditions of service to concerns with the positive Africanization of the civil services. The gradual responsibility of Africans themselves for such reports is then noted, often culminating in a recommendation for the establishment of an Institute of Public Administration. While the quantity and quality of insiders' literature by Africa's civil servants still falls short of that which has characterized the writing by Indian members of the former Indian Civil Service, the position has improved since the publication of the proceedings of the Inter-African Public Administration seminars and by the noticeably less constrained comments by the bureaucracy during a period of military rule. The article concludes with a look at the Ife University project and calls for an extension of such primary research into African administration while the first, and historically unique, generation of African bureaucrats are still alive to record their memories and interpret their significance against subsequent analysis.     

Housing and the working class in an Indian metropolis

The paper examines a part of the housing market in the Indian metropolitan city of Bangalore. Some problems of housing finance from the viewpoints of families and of public authorities are indicated. It is argued that it is these financial problems that make access difficult for the poorer half of the population of Bangalore to forms of housing other than inner city slums or urban fringe informal housing. Public housing with its unrealistic standards of service provision, but especially its high initial access costs is not well designed to meet the needs of the majority of families. The paper concludes that unless public housing authorities emulate the private housing market they will continue to play a marginal role in housing in a city such as Bangalore. There are signs that this is happening in India with experimentation in both housing finance and lower service standards.