Judicial Associates - Historical Claim Offer |
The PSA has received an offer to settle the ‘Historical Claim’. The Historical Claim is an industrial dispute before the Industrial Relations Commission in which the PSA is alleging that judicial associates are covered by the Conditions Award and Salaries Award. The relief sought in these proceedings are recommendations (which are non-binding) that the Department apply, retrospectively, the two Awards and backpay the various entitlements provided under these Awards.
The parties have been engaged in settlement negotiations since October 2023. On 9 April 2024, the Department made a further settlement offer. The key features of the offer are:
1. The Department accepts that both awards apply and will retrospectively apply both awards from 1 January 2020.
2. The Department will credit all leave balances in accordance with the Conditions Award retrospectively to 1 January 2020. In practical terms, this means that associates will receive an additional 5 days sick leave per annum – 15 days in total.
3. The Department will, in lieu of unpaid overtime, allowances and penalties accrued since 1 January 2020, pay each associate $6000 (prorated at $1500 per year for those who commenced employment after 1 January 2020).
4. To the extent any associate receives better employment conditions under their employment contract than those provided under the awards, the Department will continue to apply those superior conditions. This is a safety net in case any contracts provided superior conditions, which the PSA doubts.
5. As the Department has already been applying the salaries found in the Salaries Award, we do not anticipate any backpay of underpaid salaries.
In exchange, the PSA will withdraw the Historical Claim.
Your worksite delegates, industrial staff and other members who have been instrumental in obtaining this offer, strongly recommend a ‘yes’ vote.