Judicial Associates: Have Your Say
29 November 2024
This bulletin discusses the Department’s latest offer in our Award dispute.
To have your say on the offer, please complete the survey .
Responses will close Friday 6 December 2024.
As mentioned in previous bulletins, the É«ÀÇÉçÇøis pursuing two claims against the Department in respect of judicial associates:
- The Historical Claim: the É«ÀÇÉçÇøis asserting that the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (the Conditions Award) and the Crown Employees (Administrative and Clerical Officers – Salaries) Award (the Salaries Award) apply to associates and have applied since associates have been engaged as public servants.
- The Prospective Claim: the É«ÀÇÉçÇøis pursuing the creation of an award specifically for associates, to be known as the Crown Employees (Associates) Award (Associates Award) which will apply prospectively and will apply along with the Conditions Award and Salaries Award.
Historical Claim
On 16 October 2024, the É«ÀÇÉçÇøand the Department formally settled this claim following membership endorsing the final settlement offer in April 2024. The key terms of the settlement are explained in our bulletin of 12 April 2024, which you can read HERE.
The É«ÀÇÉçÇøunderstands that the Department is yet to implement processes to claim entitlements under the awards (e.g. overtime, leave in lieu of overtime etc). To avoid missing out on your entitlements, the É«ÀÇÉçÇørecommends that claims for all conditions be emailed to Department of Communities and Justice HR at (including for claims going back to 1 January 2024). The Conditions Award can be found .
This is a significant win for associates given that the Department staunchly opposed the application of the Conditions Award at the outset of the proceedings.
Prospective Claim
The PSA, through the Associates Award, seeks various additional conditions and improved conditions to those provided under the Conditions Award and Salaries Award. The key additional conditions are:
- A salary uplift to clerk grade 7/8 (and grade 9/10 for associates to heads of jurisdiction);
- Additional recreation leave in lieu of overtime and flexible working hours; and
- Redeployment and redundancy entitlements for ongoing and temporary associates.
Despite multiple conciliations, the parties have been unable to reach agreement on any terms in the associates award.
To settle the Prospective Claim, the Department is willing to agree to the following terms:
- The Department will apply the redeployment and redundancy benefits set out in the below policy to associates (including associates employed on temporary contracts) employed in all jurisdictions in New South Wales.
- In exchange, the É«ÀÇÉçÇøwill withdraw the Associates Award application.
The redeployment and redundancy benefits are set out .
The É«ÀÇÉçÇøunderstands that the Department does not currently provide these benefits to associates in all jurisdictions, including the district court.
The É«ÀÇÉçÇøwants to obtain the opinion of membership to inform its next steps in respect of the Associates Award. There are two options:
- Option 1 – Settle: Accept the Department’s offer on redeployment and redundancy benefits, withdraw the Associates Award and continue to rely upon the Conditions Award and Salaries Award as regulating the majority of conditions.
- Option 2 – Arbitrate: Reject the Department’s offer on redeployment and redundancy benefits and ask the Commission to determine the Associates Award.
Your worksite delegates, industrial staff and other members who have been instrumental in obtaining this offer, recommend option 1.
Option 1 – Settle
The benefit of option 1 is that there is certainty in outcome: ongoing and temporary associates in all jurisdictions will receive redeployment and redundancy benefits and the Conditions Award and Salaries Award will continue to apply. The downside is that the É«ÀÇÉçÇøwill not pursue the other conditions sought in the Associates Award (e.g. increased salary, additional leave in lieu of OT etc). Additionally, due to the application of a no extra claims clause in the Crown Employees (Public Sector – Salaries) Award, the É«ÀÇÉçÇøwill be unable to commence further proceedings to provide improved conditions applying before 1 July 2027.
Option 2 – Arbitrate
The benefit of option 2 is that the IRC may make the Associates Award, resulting in increased salaries, redeployment and redundancy benefits and other conditions. The downside to option 2 is that there is a significant risk that the É«ÀÇÉçÇøwill lose. It is possible that the Commission will reject the Associates Award resulting in no improved conditions and no redeployment and redundancy benefits for associates. It is also possible that the Commission will find that, due to the unique relationship between judges and associates, it is not appropriate for associates to be award covered, resulting in the loss of the Associates Award and the Conditions Award and Salaries Award.
If the É«ÀÇÉçÇøproceeds with option 2, members in all jurisdictions will be called upon to give evidence, including in the Supreme Court, Land and Environment Court and District Court. The É«ÀÇÉçÇøcannot win the arbitration without members willing to be witnesses.
Please complete the survey to have your say. Responses close Friday 6 December 2024.
Member Meeting Next Week
We’re facilitating a meeting for Associates to discuss these developments. É«ÀÇÉçÇømembers are encouraged to invite colleagues who may be yet to join the union. The meeting will be held hybridly, with a Teams link for those not able to attend in person.
Judicial Associates Town Hall
Tuesday 3 December 2024
1.15±è³¾â€“1.50±è³¾
Downing Centre, Level 3 Tea Room
& via Teams
É«ÀÇÉçÇøDelegates
É«ÀÇÉçÇøStaff
Jacquie Carovska (Industrial Officer)