Crown Employees (Psychologists) Award [2006] NSWIRComm 315

Crown Employees (Psychologists) Award [2006] NSWIRComm 315

The parties' agreed new classification structure and salary framework, modelled on public health psychologists, was appropriate under the Special Case and Work Value principles because psychologists' work had materially changed and attraction and retention difficulties existed. Fair and reasonable award conditions required a classification committee progression mechanism with safeguards, limited deemed equivalency for specialist classifications, a Chief Psychologist salary of $95,500, transitional protection to ensure at least a 5 per cent increase for existing psychologists where needed, and an environmental allowance for psychologists with substantial, regular and direct contact with...

Jurisdiction
Australia
Judgment Date
09 October 2006
Procedural Posture
Competing Applications for a New Crown Employees (psychologists) Award / Full Bench Decision and Orders Making a New Award
Outcome
A new Crown Employees (Psychologists) Award was made in terms consistent with the Commission's findings; several PSA claims were granted in part and the claims for an isolation allowance, mandated minimum training leave, mandated weekly supervision and registration fee reimbursement were refused.
Legal Topics
['award Making' 'work Value' 'special Case' 'classification Structure' 'progression Between Classifications' 'attraction and Retention of Psychologists' 'allowances' 'professional Development' 'professional Supervision' 'registration Fees']
['industrial Relations' 'employment Law'] ['award Making' 'work Value' 'special Case' 'classification Structure' 'progression Between Classifications' 'attraction and Retention of Psychologists' 'allowances' 'professional Development' 'professional Supervision' 'registration Fees']

Case Brief

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Procedural Posture

Competing Applications for a New Crown Employees (psychologists) Award / Full Bench Decision and Orders Making a New Award

Legal Issues

  1. 1 ['Whether a new Crown Employees (Psychologists) Award should be made and on what terms.' 'Whether classification descriptors should include high level diagnostic ability for Specialist Psychologists and equivalent relevant work experience for Senior Specialist Psychologists.' 'Whether progression between classifications should occur only by vacancy and merit selection or also by reclassification through a Classification Committee.' 'Whether deemed equivalency provisions should apply to qualification requirements for Specialist Psychologist and Senior Specialist Psychologist classifications.' 'What salary should apply to the Chief Psychologist classification.' 'What transitional arrangements should apply to existing additional increments and attraction and retention payments.' 'Whether an environmental allowance should be included for psychologists working in custodial or institutional settings.' 'Whether an isolation allowance should be awarded for psychologists in non-metropolitan locations without another registered psychologist at the work location.' 'Whether the award should prescribe a minimum professional training leave entitlement.' 'Whether the award should require approximately one hour per week of professional supervision.' 'Whether psychologists should be reimbursed annual registration fees under the Psychologists Act 2001.']

Ratio Decidendi

The parties' agreed new classification structure and salary framework, modelled on public health psychologists, was appropriate under the Special Case and Work Value principles because psychologists' work had materially changed and attraction and retention difficulties existed. Fair and reasonable award conditions required a classification committee progression mechanism with safeguards, limited deemed equivalency for specialist classifications, a Chief Psychologist salary of $95,500, transitional protection to ensure at least a 5 per cent increase for existing psychologists where needed, and an environmental allowance for psychologists with substantial, regular and direct contact with...

Court Disposition

A new Crown Employees (Psychologists) Award was made in terms consistent with the Commission's findings; several PSA claims were granted in part and the claims for an isolation allowance, mandated minimum training leave, mandated weekly supervision and registration fee reimbursement were refused.

Orders

  • ['A new Crown Employees (Psychologists) Award is made in terms that are consistent with the findings in this decision, as summarised at [114].' 'The Award will take effect from the beginning of the first full pay period to commence on or after the date of this decision.' 'The PSA is directed to file and serve a...