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) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 568 of 2007)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Definitions

3.         Salaries

4.         Adjustment of Salaries

5.         Conditions of 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) Award

 

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.

 

"Department Head" means the Chief Executive Officer of the relevant Department.

 

"DPE " means the Director of Public Employment.

 

"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 (General) Regulation 1996, 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 Department 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 Department 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 Department 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 DPE, 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 Department 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 Department Head approves the progression of the said officer to Grade II. The review shall be made by the Department 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 Department 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 Department 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 Department 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 DPE 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 Department 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 Department Head.

 

(vi)       The Department Head may refer the matter to the DPE for consideration.

 

(vii)      If the matter remains unresolved, the Department 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 Department 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, department and DPE 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 (General) Regulation 1996, the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 and the Crown Employees (Public Sector - Salaries 2007) Award or any awards replacing these awards.

 

(iii)       This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees - Legal Officers (Crown Solicitor’s Office, Legal Aid Commission, Office of the Solicitor for Public Prosecutions and Parliamentary Counsel’s Office) Award published 16 April 2004 (344 I.G. 36) and all variations thereof.

 

(iv)       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 31 July 2007 .

 

(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 2007

 

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.