Senior executive service – employment conditions (Directive 02/26)

1. Purpose

1. This directive sets out requirements for the employment and employment conditions for senior executives and persons seconded or acting in senior executive roles established under chapter 5, part 3 of the Public Sector Act 2022 (the Act).

2. Commencement

2. This directive commences on 1 July 2026.
3. Senior executive service - employment conditions Directive 09/23 is repealed and replaced by this directive.

3. Authorising provisions

3. Sections 188(2) and 222 of the Act.

4. Application

4. This directive applies to:
   1. public service employees employed as senior executives under section 188 of the Act
   2. persons employed to act in the office of a senior executive under section 189 of the Act
   3. public service officers seconded to the office of a senior executive under section 160 of the Act
   4. public service employees undertaking higher duties in a senior executive role
   5. chief executives of public service entities provided for in sections 16 and 17 of the Act, in their capacity as a chief executive of a public service entity or of public service employees.
5. Arrangements for a person performing a senior executive role under a mobility arrangement can be found in the directive about mobility arrangements and supporting material.
6. Section 229 of the Act outlines the relationship between a directive and an industrial instrument including how to deal with inconsistencies.

5. Principles

5. Chapter 5, part 3 (Senior executives) of the Act sets out the purpose of the senior executive service and employment of senior executives.
6. The senior executive service is a core of mobile, highly skilled executives who:
   1. provide strategic leadership to deliver government’s objectives
   2. have a role to promote the public service’s effectiveness and efficiency
   3. develop a public service-wide perspective and participate in collaborative and collective leadership to achieve outcomes across the public sector and for the community
   4. provide high quality impartial advice to chief executives and executive government
   5. continue their executive development through ongoing learning and develop their skills through deployment, within and outside of, the public sector.
7. Chief executives are responsible for making decisions under the provisions of chapter 5, part 3 (Senior executives) of the Act, subject to approval under this directive by the Public Sector Commissioner (Commissioner).
8. Chief executives are required to act in a way that is compatible with the main purpose of the Act including by:
   1. providing for the employment of senior executives to provide the public service with high-performing, future-focused leadership
   2. treating public sector employees fairly
   3. taking steps to promote equity, diversity, respect and inclusion in employment, including for diversity target groups.
9. Under the Human Rights Act 2019 decision makers must:
   1. act and make decisions in a way that is compatible with human rights
   2. give proper consideration to human rights when making a decision under the Act and Public Sector Commissioner (Commissioner) directives.
10. In addition to any specific requirements in this directive, chief executives have a duty to:
    1. promote equity and diversity in relation to employment matters under chapter 2 (Equity diversity and inclusion) and chapter 3 (Public sector arrangements) of the Act
    2. support the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples by fulfilling certain responsibilities under chapter 1, part 3 (Reframing of State’s relationship with Aboriginal peoples and Torres Strait Islander peoples) of the Act.

6. Interpretation of directions

6. The requirements set out in these directions are binding and must be followed.
7. These directions should be read in conjunction with relevant authorising provisions of the Act.
8. To help achieve the purpose of the senior executive service, the Commissioner is responsible for:
   1. making and implementing arrangements to facilitate the executive development of senior executives
   2. supporting the development of senior executives and
   3. approving the initial employment of senior executives.
9. Under section 188(2) of the Act, a chief executive must not employ the senior executive unless the employment is approved by the Commissioner under a directive.
10. These directions set out the circumstances where approval by the Commissioner is required prior to the employment of a senior executive.
11. Where approval under this directive is not required, the chief executive may employ a senior executive.
12. When making decisions under this directive, chief executives should have regard to guidance about SES employment arrangements and SES profile management published by the Public Sector Commission (Commission) on the Forgov website.
13. References to a senior executive in this directive include persons referred to at clause 4.1(a)-(d) unless a specific clause of this directive states otherwise.

7. Variations permitted with Commissioner approval or endorsement

7. The Commissioner may in exceptional circumstances, approve an exemption from all or part of this directive.
8. Clause 7.1 applies in addition to specific provisions of this directive which permit variation to arrangements with the approval or endorsement of the Commissioner.

8. Profile of senior executives

8. The Public Sector Governance Council (Council) may fix the maximum number and classification levels of full-time senior executive roles in public service entities.
9. As part of the Commission’s function to support the Council, the Commissioner will determine the administrative arrangements required to support the establishment and maintenance of the senior executive service profile.

9. Employment of senior executives

9. The Commissioner will determine the administrative arrangements required to support employment to senior executive roles, including employment under section 188 and other types of arrangements recognised in the application clause of this Directive.
10. The recruitment of senior executives must comply with the directive about recruitment and selection, subject to any specific requirements as set out in clauses 9.3 to 9.6.
11. Prior to advertising a vacant senior executive role for a period of more than six months, a chief executive of a public service entity, or their delegate, must consult with the Public Sector Commission about the proposed recruitment and selection strategy (including a vacancy to be remunerated equivalent to the senior executive classification under section 155 of the Act).
12. When advertising a vacant senior executive role, the remuneration range quoted in the vacancy advertisement must be the total fixed remuneration (TFR) amount for the minimum and maximum package points of the work value range (WVR) of the role.
13. Before employing a senior executive under section 188 of the Act, a chief executive must obtain the Commissioner's approval where:
    1. the chief executive proposes to employ the senior executive without advertising the vacancy, or
    2. the recruitment process limited the advertising of a vacancy to a specific group of applicants, or
    3. the chief executive was a member of the selection panel.
14. If an employing chief executive is a member of a selection panel or has a conflict of interest in relation to a recruitment process, the Commissioner will be the decision maker for this process, noting the chief executive remains responsible for employing the person.
15. The Commissioner will determine the standard employment contract that will be used for senior executives (section 190 of the Act). Any variation to the standard contract requires approval by the Commissioner.

10. Hours of work and attendance

10. A senior executive’s ordinary hours of work will be determined by their chief executive, having regard to the health, well-being and work-life balance of the senior executive.
11. A chief executive may approve reasonable time off without debit to the senior executive’s leave account if the chief executive considers that the senior executive has regularly worked in excess of their ordinary hours.
12. The chief executive may require a senior executive to undertake official duties for the whole or part of a public holiday.
13. Senior executives are not entitled to additional compensation for work performed outside of ordinary hours as determined by the chief executive (including public holidays).
14. A senior executive may access flexible work arrangements with the approval of their manager. Flexible work arrangements may include arrangements that relate to the pattern of work, the place of work, the work arrangements used and/or another arrangement under the public service entity’s flexible work policy.
15. A senior executive may be engaged on a part-time work arrangement. An approved part-time work arrangement by the chief executive constitutes the ordinary hours of the senior executive. A part-time senior executive is entitled to the benefits and entitlements of a full-time senior executive on a pro-rata basis.

11. Remuneration package and benefits

11. A senior executive will receive the total fixed remuneration (TFR) in accordance with the Senior Executive Service (SES) remuneration rates for this directive, as updated from time to time and published on the Forgov website. These remuneration rates form part of this directive.
12. The SES remuneration rates apply to SES roles unless the Commissioner applies the High-level Senior Executive (HLSE) remuneration rates to a role. HLSE remuneration rates are published on the Forgov website and also form part of this directive.
13. The Commissioner may approve the application of the HLSE remuneration rates to a senior executive role in exceptional circumstances where the scope, scale and complexity of a role requires a higher level of expertise, leadership and accountability.
14. A senior executive will be paid at the minimum package point of the work value range (WVR) of a role when initially employed in the role.
15. In exceptional circumstances, the chief executive may approve payment above the minimum package point within the WVR with prior endorsement of the Commissioner.
16. Noting clause 11.5, a chief executive may, without the prior approval of the Commissioner, employ a senior executive above the minimum package point within the WVR where employment above the minimum package point is required to maintain an existing package point for an existing public service officer.
17. In exceptional circumstances, the Commissioner may approve a variation to the TFR of a senior executive provided for under clause 11.1, within the appointed classification level, with prior endorsement by the chief executive.

Package point increases

18. A package point increase for a senior executive within the WVR of their role is tied to achieving and exceeding agreed performance objectives. The chief executive may approve:
    1. a single package point increase based on evidence of sustained high performance (e.g. following a completed formal performance assessment cycle)
    2. other package point increases, in exceptional circumstances, with prior endorsement by the Commissioner (e.g. where applicable, two package point increases within the WVR of the role at once).
19. The package point increase in clause 11.8(a) will take effect following approval, and on a date nominated, by the chief executive, provided the date is not prior to the date of the completion of the formal performance assessment cycle under clause 11.8(a).

The re-evaluation of roles

20. A chief executive may decide that a senior executive role should be re-evaluated.
21. Any re-evaluation that results in a change to the maximum number or classification level of senior executive roles of an entity may be subject to a decision of the Council.
22. For the purpose of clause 11.13 the low and high WVRs of the SES 2, SES 3 and SES 4 levels are deemed different classification levels.
23. If a role is reclassified, the following conditions apply to the senior executive employed to perform the role:
    1. if the assessed work value is increased by one classification level, the chief executive may approve the minimum package point of the new classification level on transition. In exceptional circumstances, the chief executive may approve to pay above the minimum package point with prior endorsement of the Commissioner
    2. if the assessed work value decreases by one classification level, the chief executive may approve the continuation of the senior executive’s existing package point only until the expiry of the senior executive’s current contract
    3. if the assessed work value decreases by more than one classification level, the Commissioner may approve maintenance of the senior executive’s existing package point following endorsement by the chief executive.

Salary packaging

24. A senior executive employed under section 188 of the Act may elect, through a signed agreement with their chief executive, to receive the following remuneration package benefits via in-house salary packaging at no administration cost to the senior executive:
    1. the payment of employee superannuation contributions
    2. the payment of subscriptions for membership of professional or occupational associations
    3. a benefit of another kind approved by the Commissioner.
25. A remuneration benefit agreed in clause 11.14 must not exceed the percentage of superannuable salary that would apply if the senior executive were to access the entity’s fee for-service salary packaging scheme.
26. A senior executive may also access other salary packaging items from their entity’s provider in accordance with the rules and charges associated with using that service.
27. A person seconded or acting in a senior executive role may access the remuneration package benefits in clause 11.14 when the cumulative period of consecutive secondment or acting appointments exceeds 12 months.

12. Technological support

12. A chief executive may determine that a senior executive is to be provided with an official smartphone device and any other technological support necessary to enable the officer to fulfil their duties to the satisfaction of the chief executive. A senior executive is entitled to reasonable personal use of the smartphone or other technological support in accordance with the public service entity’s policy.

13. Application of award provisions and directives of industrial relations Minister

13. A senior executive is entitled to the benefits and allowances set out in the following award provisions and directives of the industrial relations Minister, as though the senior executive was covered by such award provisions and directives, subject to the amendments and/or conditions noted below:
    1. clauses 20 (personal leave) and 21 (parental leave) of the Queensland Public Service Officers and Other Employees Award – State 2015
    2. the directive about hours, overtime and excess travel, only to the extent that it provides for overtime meal allowance
    3. the directive about recognition of previous service and employment for long service, sick and paid parental leave purposes
    4. the directive about leave without salary credited as service, except to the extent that it provides for salary increments
    5. the directives about recreation leave (except to the extent that it provides for Christmas/New Year compulsory closure), sick leave, study and examination leave, special leave and paid parental leave
    6. the long service leave directive. However, if the person’s employment is terminated or ended in one of the following ways, one year of continuous service is required to be completed by the person before being entitled to proportionate payment of salary in lieu of an entitlement to long service leave:
       1. terminated by the chief executive prior to the contract expiry date (other than for disciplinary action or retirement on grounds of mental or physical incapacity)
       2. terminated by mutual agreement prior to the contract expiry date
       3. ended by non-renewal of the contract past the contract expiry date
    7. the directive about higher duties, except:
       1. the minimum period for relieving in a senior executive role means ‘at least one calendar week’ (that is, at least 7 calendar days, including weekends)
       2. the relevant percentage for relieving in a senior executive role will be 100 per cent unless otherwise approved by the Commissioner
       3. the clauses dealing with payment of increments during relieving periods and the recognition of higher duties on initial employment do not apply
       4. the low and high WVRs of the SES 2, SES 3 and SES 4 levels are deemed different classification levels for the purposes of calculating the higher duties allowance for acting in a senior executive role
       5. the calculation of the higher duties allowance to act in a senior executive role will be to the minimum package point of the WVR of the role. (In exceptional circumstances, the chief executive may approve payment above the minimum package point within the WVR with prior endorsement by the Commissioner)
       6. the higher duties allowance to act in a senior executive role is to be calculated on the difference between:
          • for employees who are existing senior executives, the respective remuneration package values
          • for employees who are not existing senior executives, the remuneration package value and the employee’s salary
       7. the higher duties allowance payable to act as a chief executive of a department is subject to the approval of the Commissioner
    8. the directive about court attendance and jury service
    9. the directives about travelling and relieving expenses
    10. the directive about locality allowances
    11. the directive about critical incident entitlements and conditions, except to the extent that it provides for overtime, flexitime or time off in lieu
    12. the directive about leave and travel concessions for isolated centres, provided that motor vehicle allowance payments do not apply where travel is undertaken in a government owned and maintained motor vehicle provided for the private use of the senior executive.
14. A tenured senior executive is entitled to voluntary early retirement, redundancy and retrenchment entitlements in accordance with the relevant directive.

14. Christmas/New Year compulsory closure

14. A senior executive, including when on recreation or long service leave, is to be granted leave on full pay without debit to any leave account for those days during the Christmas/New Year compulsory closure period that are not public holidays or weekend days (granted leave days). A senior executive on any other form of leave does not qualify for the granted leave days.
15. Where a senior executive is on approved recreation or long service leave on any of the granted leave days, the senior executive’s relevant leave balance is to be adjusted to reflect the granted leave days instead of the recreation or long service leave.
16. A chief executive may, in exceptional circumstances, determine that an individual senior executive does not qualify for the granted leave days. Where a chief executive makes such a determination, the senior executive must apply for leave if they are not otherwise required for work.

15. Transitional provisions

15. Existing contracts or existing secondment, acting or mobility arrangements are not altered by the repeal of Directive 09/23 and its replacement with this directive.

Unless otherwise provided, the terms in this directive have the meaning prescribed in the Act.

Chief executive in the context of exercising a decision-making power, includes a person to whom the chief executive has delegated the decision-making power under section 282 of the Act.

Mobility arrangement means an arrangement made under section 82 of the Act and the directive on workforce mobility to enable a person employed in an entity outside the public sector to temporarily perform work for or within, or duties in a public service entity. A mobility arrangement is not a secondment under section 160 of the Act.

Public sector has the meaning provided in section 7 of the Act.

Public service employee has the meaning provided in section 13 of the Act.

Public service entity has the meaning provided in section 9 of the Act.

Public service officer has the meaning provided in section 14 of the Act.

Secondment has the meaning provided for in section 160 of the Act, to facilitate the temporary movement of a public service officer within or between public service entities.