Crown
Employees - Legal Officers (Crown Solicitor's Office, Office of the Legal Aid Commission,
Office of the Director of Public Prosecutions and Parliamentary Counsel's
Office) Reviewed Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 68 of 2012)
Before The Honourable
Mr Justice Staff
|
27 March 2012
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Salaries
4. Adjustment
of Salaries
5. Conditions
for Progression
6. Calculation
of Service
7. Anti-Discrimination
8. Grievance
and Dispute Settling Procedures
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
PART A
1. Title
This Award shall be known as the Crown Employees-Legal Officers
(Crown Solicitor's Office, Office of the Legal Aid Commission, Office of the
Director of Public Prosecutions and Parliamentary Counsels Office) Reviewed
Award 2012.
2. Definitions
"Association" means the Public Service
Association and Professional Officers Association Amalgamated Union of New
South Wales.
"Officer" means and includes all persons who
are graduates in Law from either a recognised University or who possesses
qualifications deemed to be equivalent or who have qualified to be admitted as
a Barrister or Solicitor of the Supreme Court of New South Wales, permanently
or temporarily employed under the provisions of the Public Sector Employment
and Management Act, 2002, and who are appointed to positions in the Crown
Solicitor's Office, Office of the Legal Aid Commission, Office of the Director
of Public Prosecutions and Parliamentary Counsel's Office and to which this
award applies.
"Division Head" means the Chief Executive
Officer of the relevant Department.
"Director-General, Department of Premier and
Cabinet" shall mean the employer for the purposes of the Public Sector
Employment and Management Act 2002.
"Solicitor" means an officer who has been
admitted to practice as a solicitor of the Supreme Court of New South Wales.
"Barrister" means an officer who has been
admitted to practice as a barrister of the Supreme Court of New South Wales.
"Service" means continuous service. Future
appointees shall be deemed to have the years of service indicated by the
salaries at which they are appointed.
3. Salaries
Subject to the provisions of the Public Sector
Employment and Management Act, 2002, and the Public Sector Employment and
Management Regulation 2009, officers shall be paid not less than the rates of salaries
as prescribed in Part B, Monetary Rates:
Provided that -
(i) A minimum
salary at the rate prescribed for the fifth year of service in Grade I shall be
paid to an officer who:
(a) has been
admitted as a Solicitor of the Supreme Court of New South Wales; or
(b) has completed
two years practical legal experience in the offices of the Crown Solicitor,
Office of the Legal Aid Commission, Office of the Director of Public
Prosecutions or Parliamentary Counsel's Office or the equivalent approved by
the appropriate Division Head; or
(c) has been
admitted as a Barrister of the Supreme Court of New South Wales and either -
(A) Prior to such
admission had completed two years practical legal experience in the Crown
Solicitors’ Office, Office of the Legal Aid Commission, Office of the Director
of Public Prosecutions or Parliamentary Counsel's Office or the equivalent
approved by the appropriate Division Head; or
(B) Since acquiring
the qualification by virtue of which the officer was so admitted has -
(1) completed twelve
months approved practical legal experience in the Crown Solicitor's Office,
Office of the Legal Aid Commission, Office of the Director of Public
Prosecutions or Parliamentary Counsel's Office or the equivalent approved by
the appropriate Division Head; or
(2) completed two
years' satisfactory and appropriate practical legal experience.
(ii) No officer
shall be eligible to progress beyond the salary prescribed for the second year
of service in Grade II until the officer has complied with the requirements of
paragraphs (a) or (c) of proviso (i) of this clause.
(iii) Officers
temporarily employed under the provisions of the Public Sector Employment
and Management Act, 2002, in any of the positions covered by this award
shall, unless otherwise determined by the Director-General, Department of
Premier and Cabinet, be paid the weekly equivalent of the annual rates
specified.
4. Adjustment of
Salaries
The salaries of officers covered by this award shall be
adjusted to the appropriate scale prescribed by this award on the basis of
years of service in position or grade. For the purpose of this clause an
officer shall be deemed to have the years of service indicated by the salary
received under the scale in force immediately prior to the operative date of
this award.
5. Conditions for
Progression
(i) An officer who
has served for twelve months on the maximum rate prescribed for Grade I shall
be advanced to the minimum salary for Grade II provided that the Division Head,
after the necessary review, has certified:
(a) that work
appropriate to Grade II is available; and
(b) that the officer
concerned is suitable to be allotted to such work and the appropriate Division
Head approves the progression of the said officer to Grade II. The review shall
be made by the Division Head in the case of every officer at or prior to the
completion of twelve months' service on the maximum rate prescribed for Grade
I.
(ii) After twelve
months service on the maximum salary prescribed for Grade II an officer shall
be eligible to be considered for progression to Grade III. Upon such occurrence
the appropriate Division Head shall review the quality of work being performed
or the quality of work which is available to be assigned to the officer.
If the appropriate Division Head is satisfied -
(a) that work
appropriate to Grade III is required to be performed;
(b) that the officer
concerned is suitable to be allotted to such work; and
(c) that officer's
performance of the duties warrants such progression,
the appropriate Division Head may approve of the
progression to Grade III from the anniversary of the attainment of the maximum
salary prescribed for Grade II if the officer satisfied the requirements of
this subclause at that date or from such date that the conditions of these
requirements are satisfied.
(iii) Promotion
beyond Grade III shall be subject to the occurrence of a vacancy.
6. Calculation of
Service
In calculating years of service for the purpose of this
award the following periods shall not be taken into account:
(i) any period in
respect of which an increment is refused under Part 3, Conditions of Service,
clause 16 of the Public Sector Employment and Management (General) Regulation
1996;
(ii) any leave of absence
without pay exceeding five days in any incremental year;
(iii) any period
necessary to give full effect to a reduction in salary imposed by the
Director-General, Department of Premier and Cabinet by virtue of section 57,
section 48 or section 62 of the Public Sector Employment and Management Act
2002.
7. Anti
Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(2) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with
the fulfilment of these obligations for the parties to make application to vary
any provision of the award which, by its terms or operation, has a direct or
indirect discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(5) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or practice
of a body established to propagate religion that conforms to the doctrines of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
8. Grievance and
Dispute Settling Procedures
(i) All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
department, if required.
(ii) A officer is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti Discrimination
Act, 1977) that makes it impractical for the officer to advise their immediate
manager the notification may occur to the next appropriate level of management,
including where required, to the Division Head or delegate.
(iv) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the officer may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager shall respond within two (2) working days, or as soon as
practicable. This sequence of reference to successive levels of management may
be pursued by the officer until the matter is referred to the Division Head.
(vi) The Division
Head may refer the matter to the Director-General, Department of Premier and
Cabinet for consideration.
(vii) If the matter
remains unresolved, the Division Head shall provide a written response to the
officer and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(viii) A officer, at
any stage, may request to be represented by the Association.
(ix) The officer or
the Association on their behalf, or the Division Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(x) The officer,
Association, division and Director-General, Department of Premier and Cabinet
shall agree to be bound by any order or determination by the New South Wales
Industrial Relations Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any officer or member
of the public.
9. Area, Incidence
and Duration
(i) This award
shall apply to Legal Officers in Crown Solicitor’s Office, Office of the Legal Aid
Commission, Office of the Director of Public Prosecutions and Parliamentary
Counsel’s Office.
(ii) The Officers
regulated by this award shall be entitled to the conditions of employment as
set out in this award and, except where specifically varied by this award,
existing conditions are provided for under the Public Sector Employment and
Management Act 2002, the Public Sector Employment and Management Regulation
2009, the Crown Employees (Public Service Conditions of Employment) Award 2009
and the Crown Employees (Public Sector - Salaries 2008) Award or any awards
replacing these awards.
(iii) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of NSW on 28 April
1999 (310 I.G. 359) take effect on and from 27 March 2012.
(iv) Changes made to
this award subsequent to it first being published on 9 November 2007 (364
I.G.245) have been incorporated into this award as part of the review.
(v) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Effective from the first pay period commencing on or
after 1 July 2011
Grade I
|
Amount (per annum)
|
|
$
|
1st year of service
|
55,940
|
2nd year of service
|
58,060
|
3rd year of service
|
59,705
|
4th year of service
|
61,505
|
5th year of service
|
63,959
|
Grade II
|
|
1st year of service
|
69,227
|
2nd year of service
|
72,702
|
3rd year of service
|
76,961
|
4th year of service
|
80,902
|
5th year of service
|
84,129
|
Grade III
|
|
1st year of service
|
88,660
|
2nd year of service
|
91,303
|
3rd year of service
|
94,826
|
Grade IV
|
|
1st year of service
|
101,594
|
2nd year of service
|
103,550
|
Grade V
|
|
1st year of service
|
108,892
|
2nd year of service
|
111,025
|
Grade VI
|
|
1st year of service
|
116,974
|
2nd year of service
|
119,439
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.