É«ÀÇÉçÇø

Judicial Associates End of Year Update

  20 December 2024

As mentioned in our previous bulletin, the É«ÀÇÉçÇøhas conducted a survey of membership in respect of the settlement of the PSA’s Associates Award application.

The overwhelming majority of membership has voted in favour of settlement. Consistent with the outcome of the vote, the É«ÀÇÉçÇøhas accepted the offer and there is now an in-principle agreement to resolve the proceedings.

The in-principle agreement is that, in exchange for the É«ÀÇÉçÇøwithdrawing the award application, the Department will apply the redeployment and redundancy benefits set out in this to associates (including associates employed on temporary employment contracts) employed in all jurisdictions in New South Wales.

With the settlement of the PSA’s ‘historical claim’ (the dispute over whether the Conditions Award applies to associates), this brings both of the PSA’s claims for associates to an end and represents a marked improvement in the employment conditions of associates.

Recording of Hours

The É«ÀÇÉçÇøunderstands that the Department of Communities and Justice (DCJ)has informed associates that you are now required to record hours of work and that this is a consequence of the É«ÀÇÉçÇøfighting for the application of the Conditions Award. To correct this statement:

1. The State bears the obligation to maintain records of hours worked by its employees: s 129 of the Industrial Relations Act 1996, read with cl 10(1)(b) of the Industrial Relations (General) Regulation 2020. The State will generally satisfy this obligation by directing employees to maintain timesheets.
2. The State has been under this obligation in respect of associates since the State became the employer of associates (in or around 2014 following the enactment of the Government Sector Employment Act 2013). Prior to this period, associates were appointed office holders and were not employees of the State.
3. The É«ÀÇÉçÇøcompelling the State to comply with its award obligations did not create a legal obligation on the State to maintain records. Rather, it was the State’s decision to employee associates (instead of appointing associates) which created this obligation.

Flexible Working Hours

The É«ÀÇÉçÇøalso understands that DCJ intends to apply clause 21 of the Conditions Award to Associates. Clause 21 sets out a flexible working hours scheme which applies subject to operational requirements.

The É«ÀÇÉçÇøwill issue a further bulletin in new year providing further information about the flexible working hours entitlements of associates.