menu_open Columnists
We use cookies to provide some features and experiences in QOSHE

More information  .  Close

Starting an APS graduate position? Here's what you need to know

4 0
15.02.2026

Every February brings a great migration to Canberra - the annual arrival of a new cohort of Australian Public Service graduates. Across departments and agencies, early-career public servants arrive in great numbers; they are often joined by other, more senior new starters, relocating for a fresh role after the summer break.

Subscribe now for unlimited access.

Login or signup to continue reading

We thought it was timely, then, for our first column of the year to outline what new public servants need to know about their rights at work. For many, a long, happy career in the APS will never require any detailed knowledge of employment law. But it never hurts to be aware of where to go for more information, if issues do arise.

There are four primary sources for a public servant's rights and obligations at work. First, all employment in Australia is contractual in nature. Employees owe express (that is, written) contractual obligations - although often public servants do not sign a formal contract of employment, but instead signed an abbreviated letter of offer. Employees also owe implied (unwritten) obligations - to obey lawful and reasonable directions from a supervisor, for example - which arise under common law.

More significantly, for public servants especially, is the statutory regulation of employment. The vast majority of employees in Australia benefit from entitlements in the Fair Work Act 2009, which sets out core minimum entitlements (the National Employment Standards), protections from unfair dismissal and adverse action, and more recent developments such as the right to disconnect.

Federal public servants also find employment rights and obligations in the Public Service Act 1999 (Cth), which sets out the government's powers to hire and fire and so on. Section 13 is a particularly significant part of the Public Service Act; it provides the APS Code of Conduct, which public servants are required to adhere to. The Code's 13 subsections outline the behavioural norms governing day-to-day work environments across the APS, ranging from an obligation to behave honestly and with integrity, to at all times upholding the reputation of the APS.

Finally, APS agencies are covered by enterprise agreements - which outline agreed employment conditions, pursuant to a framework for bargaining in the Fair Work Act. APS enterprise agreements are similar, although not identical, across the service, due to APS-wide common condition bargaining. For example, APS enterprise agreements contain common terms of parental leave, flexible working, dispute resolution and more. Sitting underneath agency-specific enterprise agreements are often a number of policies and procedures that give effect to different APS workplace processes.

Workplace health and safety

Public sector agencies are required to provide a safe workplace under the Work Health and Safety Act 2011 (Cth). In recent years, there has been a growing focus on psychosocial safety at work; a new code of practice took effect two years ago for managing psychosocial hazards at work. All public servants are entitled to workers' compensation through Comcare if they are injured at work; following a recent independent review of the Comcare scheme, reform is expected.

Discrimination, bullying and harassment

Public servants, like all employees, are entitled to a workplace free from bullying, harassment and discrimination. Concerns about the prevalence of bullying have been a theme in recent APS-wide employee surveys; beyond internal mechanisms, public servants who experience bullying have the ability to seek a stop-bullying order from the Fair Work Commission.

There are four federal anti-discrimination laws, which prohibit discrimination on the basis of race, age, disability and sex (which also encompasses things like pregnancy and relationship status). It is therefore unlawful to discriminate against a public servant on the basis of those attributes, to, for example, decide not to promote someone because they are expecting a baby.

The Sex Discrimination Act and the Fair Work Act also provide protection against sexual harassment and hostile workplace environments. In recent years, reform has imposed a positive duty on workplaces, including departments, to address sexual harassment and sex discrimination.

Public servants are entitled to whistleblower protections under the Public Interest Disclosure Act. If someone speak up at work about wrongdoing (of a sufficiently serious nature - workplace grievances are excluded), the agency is required to consider investigating the disclosure, and the whistleblower is protected from retaliation for speaking up.

In practice, the PID Act has been criticised for its bureaucratic nature and byzantine complexity. Reforms are underway, including to establish a Whistleblower Ombudsman within the Commonwealth Ombudsman to improve the scheme's accessibility and effectiveness.

Avenues for escalating employment grievances will depend on the particular issue. But public servants are rarely short of options. Many APS workplace decisions can be reviewed through the Merit Protection Commissioner. Other employment issues can be pursued through the Fair Work Commission, the Federal Circuit and Family Court or the Federal Court, while discrimination and harassment concerns can be raised with the Australian Human Rights Commission. Finally, because most employment decisions are government decisions in an administrative law sense, judicial review remains an option - albeit a difficult and often expensive one - when things go really wrong.

Employment law in Australia is always evolving, through judicial developments and legislative reform. We try our best in these pages to keep readers up to date with key developments affecting public servants.

Starting an APS graduate position? Here's what you need to know

Power prices drop but savings aren't passed on

Desperate times and crazy ideas

Why Gordon's Little Luxton cafe is the 'village' heart we're all craving

Shifty men and their superficial tinsel - Lord, help me

What is urgent if the needs of the Stolen Generations aren't?

Today's top stories curated by our news team. Also includes evening update.

Don't miss updates on news about the Public Service.

Grab a quick bite of today's latest news from around the region and the nation.

Catch up on the news of the day and unwind with great reading for your evening.

Get the editor's insights: what's happening & why it matters.

Stay in the know on news that matters to you with twice weekly newsletters from The Senior.

Going out or staying in? Find out what's on.

The latest news, results & expert analysis.

Early Look At David Pope

Your exclusive preview of David Pope's latest cartoon.

Join our weekly poll for Canberra Times readers.

We've selected the best reading for your weekend.

Get the latest property and development news here.

Every Saturday and Tuesday, explore destinations deals, tips & travel writing to transport you around the globe.

Sharp. Close to the ground. Digging deep. Your weekday morning newsletter on national affairs, politics and more.

Your essential national news digest: all the big issues on Wednesday and great reading every Saturday.

Get the very best journalism from The Canberra Times by signing up to our special reports.

Voice of Real Australia

Get real, Australia! Let the ACM network's editors and journalists bring you news and views from all over.

Get news, reviews and expert insights every Thursday from CarGuide, ACM's exclusive motoring partner.

Be the first to know when news breaks.

Your digital replica of Today's Paper. Ready to read from 5am!

Your favourite puzzles

Test your skills with interactive crosswords, sudoku & trivia. Fresh daily!


© Canberra Times