Office of the Director of Public Prosecutions Award application: Further hearing tomorrow
16 November 2022
As reported in our previous bulletins, the É«ÀÇÉçÇøfiled an application for a new Award with the Industrial Relations Commission (IRC) and the matter was listed for hearing before the IRC Full Bench on 17-19 October 2022.
The Award application seeks to enshrine aspects of the existing Office of the Director of Public Prosecutions (ODPP) Flexible Working Hours Agreement (FWHA) and to include a Safe Workload Practice requirement. This follows from the long running IRC workload dispute in relation to the Workload Management Agreement (WMA) and the implementation of the Workload Measurement Tool (WMT).
É«ÀÇÉçÇømembers have been working excessive hours which is detrimental to health and work life balance, are not obtaining the benefit of flex leave in accordance with the FWHA, including that an undue amount of flex leave is being forfeited at the end of every settlement period and the provisions of the Award including payment of overtime are not being met by the ODPP.
The É«ÀÇÉçÇøincluding your delegates and a number of É«ÀÇÉçÇøwitnesses attended the hearing with our lawyers and counsel. All witnesses for the É«ÀÇÉçÇøwere cross-examined by counsel for the ODPP.
The hearing proceeded and the IRC Full Bench adjourned the hearing to 17 November 2022 and made orders for the É«ÀÇÉçÇøto file and serve flex sheet data with the IRC Registry by 3 November 2022. The proceedings were listed for Directions hearing on 4 November 2022 in order to ascertain whether the parties were able to agree to further conciliation with IRC Commissioner Webster.
The É«ÀÇÉçÇørequested the ODPP to provide a written proposal outlining a possible resolution of the proceedings.
The ODPP subsequently wrote to the É«ÀÇÉçÇøand made a without prejudice settlement offer and the É«ÀÇÉçÇømet with members on Tuesday 8 November 2022 to seek views in respect of the ODPP settlement offer. Members overwhelmingly instructed the É«ÀÇÉçÇøto reject the ODPP settlement offer.
Additionally on 4 November 2022, the IRC made orders in Chambers vacating a Directions hearing to ascertain whether the parties were prepared to meet for further conciliation.
The É«ÀÇÉçÇøfiled and served flex leave data derived from material produced by the ODPP under the Summons to Produce.
The É«ÀÇÉçÇøencourages members to consider attending the further hearing on Thursday 17 November 2022 at 10:00am in order to show their support for your delegates and colleagues who have given evidence in respect of the Award application. We acknowledge the substantial support and contribution of our delegates and the individual members who provided statements and gave evidence at the earlier hearing dates.
Health and Safety Representatives (HSR)
Given the significant impact upon our members health and work life balance due to workload, forfeiting flex leave and other factors, the É«ÀÇÉçÇøencourages members to consider nominating as Health and Safety Representatives (HSR).
The Work Health and Safety Act 2011 provides for staff to elect or nominate HSRs, who have specific functions defined under the Act. Once trained, HSRs have additional powers that can be used to resolve WHS issues, including being able to make requests to see documentation around safety and issue provisional improvement notices (PINs) where worker safety is compromised.
The HSR election is a self-nomination process. HSRs are provided with training and support so they can fulfil the obligations of the role. The É«ÀÇÉçÇøcan provide you with the necessary training requirements to become a HSR
It is important that the representatives elected are É«ÀÇÉçÇømembers as the É«ÀÇÉçÇøcan assist with WHS matters with its industrial expertise and assist HSRs in their role of ensuring a safe workplace.
Contact the PSA
Your delegates
Vanessa Chan
Nicholas Leach
Kylie Latimer
Maryanne Rogers