Crown Employees (Child Protection Workers) Award
2025
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Industrial Relations Secretary.
(Case No. 355475 of 2025)
|
Before Commissioner Webster
|
22 September 2025
|
AWARD
PART A - GENERAL
Arrangement
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties
4. Coverage
5. Area,
incidence and duration
6. No extra
claims
7. Professional
Qualifications
8. Progression
9. Salaries
10. Salary
Transition
11. Overtime
12. Flex Time
13. Dispute
resolution procedures
14. Anti-discrimination
1. Title
1.1 This Award will
be known as the Crown Employees (Child Protection Workers) Award 2025.
2. Definitions
In this Award:
2.1 "Act"
means the Government Sector Employment Act 2013, or its replacement.
2.2 "Association"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
2.3 "Award"
means this Crown Employees (Child Protection Workers) Award 2025.
2.4 "Bandwidth"
means the hours between 7am and 9pm or such other shorter period provided under
a FWHA.
2.5 "Conditions
Award" means the Crown Employees (Public Service Conditions of Employment)
Reviewed 2009 or its replacement.
2.6 "CDP"
means the Caseworker Development Program.
2.7 "Child
Protection Worker" means every non-executive employee employed in the
Department’s Child Protection and Permanency division, that undertakes front
line child protection work and related work in the following roles: Child
Protection Caseworker, Manager Casework, Manager Client Services, Casework
Support Officer, Leading Caseworker, Family Time Workers/Coordinators/Manager
and Aboriginal Caseworkers
2.8 "Common
salary point" means the salary points included in the Salaries Award.
2.9 "Contract
Hours" means 35 hours per week.
2.10 "Department"
means the Department of Communities and Justice or any successor.
2.11 "Department
Head" means the Secretary of the Department of Communities and Justice.
2.12 "Employee"
means any person who is a day worker or shift worker appointed and performing
the duties of any of the positions covered by this Award.
2.13 "FWHA"
means the flexible hours arrangement as contained within a local agreement made
under Clause 10 of the Conditions Award.
2.14 "Manager"
means the direct line supervisor of a Child Protection Worker with
responsibility for approving time sheets.
2.15 "Regulation"
means the Government Sector Employment Regulation 2014, as may be varied or
replaced.
2.16 "Salaries
Award" means the Crown Employees (Public Sector - Salaries) Award 2024, or
its replacement.
2.17 "Secretary"
means the Industrial Relations Secretary, as established under the Government
Sector Employment Act 2013.
2.18 "Standard
Daily Contract Hours" means 7 hours per day.
3. Parties
3.1 The parties to
this award are the Secretary and the Association.
4. Coverage
4.1 This Award
applies to Child Protection Workers.
5. Area, Incidence and
Duration
5.1 The provisions
of the Conditions Award and Salaries Award or any replacement awards, apply to
employees covered by this award, except where specifically varied by this
award.
5.2 The salary rates
in Table 1 of Part B, Monetary Rates, are set in accordance with the Salaries
Award and any variation or replacement award.
5.3 Subject to
clause 5.4 this award remains in force until varied or rescinded and takes
effect from 1 July 2025 and remains in force until 30 June 2028.
5.4 Clauses 11 and
12 will take effect on 6 October 2025.
6. No Extra Claims
6.1 The Industrial
Relations Commission recognises that the parties have provided an undertaking
that other than as provided for in the Industrial Relations Act 1996,
there will be no further claims/demands or proceedings instituted before the
NSW Industrial Relations Commission for extra or reduced wages, salaries, rates
of pay, allowances or conditions of employment with respect to the Employees
covered by this award that take effect prior to the nominal expiry of the award
unilaterally made by a party to this award unless otherwise agreed by the
parties.
6.2 This undertaking does not prevent the parties from
continuing collaborative discussions during the term of this Award to deliver
additional enhancements to remuneration or conditions of employment, and to
achieve additional industry wide and systemic efficiencies and productivity
improvements to the delivery of Government services to the public. Changes
to conditions or salaries may be jointly progressed and, if agreed, an
application to vary the Award may be made by consent prior to the nominal
expiry of the Award.
6.3 The parties are
not prevented from commencing any proceedings with respect to the
interpretation, application or enforcement of existing award provisions.
7. Professional
Qualification
7.1 Appointment to the
role of ‘Child Protection Caseworker’ requires the completion of a tertiary
qualification (in Social Work, Psychology, Social Science Welfare or related
discipline) that is acceptable to the Department.
7.2 An exception to
7.1 is for an employee who occupies a Child Protection Caseworker role that is
identified for Aboriginal employees.
7.3 All Child
Protection Caseworkers are required to complete the CDP as determined by the
Department.
8. Progression
8.1 Employees will
move through the salary range in annual increments in accordance with clause 14
of the Regulation.
8.2 A Graduate
Caseworker Year 2 will progress to Caseworker Year 1 subject to completion of
the CDP and satisfactory conduct and service.
9. Salaries
9.1 The annual salaries payable to employees
covered by this Award are set out in Table 1 Monetary Rates, Part B of this
Award.
9.2 The salary rates set at the date of
commencement of this Award will increase in accordance with the Salaries Award
and any variation or replacement award.
10. Salary Transition
10.1 All references to ‘Grade’ in this clause
mean the former Administrative and Clerical Officer gradings included in the
Salaries Award.
10.2 As
of the first pay period on or after 1 July 2025, Child Protection Caseworkers
previously graded at Grade 4 step 2, Grade 5 or Grade 6 will immediately
advance two (2) increments in line with Table A below. The employees annual
incremental date in place prior to 1 July 2025 will be retained.
10.3 Child Protection Caseworkers previously at
Grade 4 step 2 who progressed from Grade 4 step 1 to Grade 4 step 2 upon
implementation of the Section 52 (1) Determination No.5 - 2024 will immediately
advance one (1) incremental point. The employee’s annual increment date in
place prior to 1 July 2025 will be retained.
10.4 Child
Protection Workers who were subject to the Section 52 (1) Determination No.5 - 2024
will not receive additional increments in accordance with cl 10.2 and 10.3. The
employee’s annual increment date in place prior to 1 July 2025 will be
retained.
10.5 Child Protection Caseworkers who as of 1
July 2025 were previously at Grade 7 step 1 will immediately advance to Year 6
of the new salary range. The annual progression date will change to 1 July
2025.
TABLE
A: Salary Transition
|
Classification
|
Previous Grade
|
Salary pre-Award $pa
(includes 1.7.25 increase)
|
New Grade
|
New Salary
1 July 2025
(includes 1.7.25 increase)
|
|
Graduate Caseworker
|
Grade 4 Step 1
|
89,934
|
Year 1
|
89,934
|
|
Grade 4 Step 2
|
92,701
|
Year 2
|
92,701
|
|
Caseworker
|
Grade 4 Step 2*
|
92,701
|
Year 1
|
99,938
|
|
Grade 4 Step 2**
|
92,701
|
Year 2
|
103,089
|
|
Grade 5 Step 1
|
99,938
|
Year 3
|
107,131
|
|
Grade 5 Step 2
|
103,089
|
Year 4
|
110,271
|
|
Grade 6 Step 1
|
107,131
|
Year 5
|
113,574
|
|
Grade 6 Step 2
|
110,271
|
Year 5
|
116,969
|
|
Grade 7 Step 1
|
113,574
|
Year 6
|
116,969
|
|
Grade 7 Step 2
|
116,969
|
Year 6
|
116,969
|
*applies
to Caseworkers who are referred to in 10.3 above.
**applies
to Caseworkers who are referred to in 10.2 above.
10.6 Manager
Caseworkers who, as of 1 July 2025, have less than 12 months service at Grade 9
Step 2 (outlined in Table B) will, at their next incremental date, move to Year
3 under the new salary range.
10.7 Manager
Caseworkers who, as of 1 July 2025, have more than 12 months service but less
than 24 months service at Grade 9 Step 2 will transition to Year 4 under the
new salary range.
10.8 Manager
Caseworkers who have 24 months or more service will transition to Year 4 under
the new salary range. The annual
progression date will change to 1 July 2025.
TABLE B: Salary
Transition
|
Classification
|
Previous Grade
|
Salary pre-Award $pa
(includes 1.7.25 increase)
|
New Grade
|
New Salary
1 July 2025 (includes
1.7.25 increase)
|
|
Manager
Casework
|
Grade
9 Step 1
|
129,464
|
Yr 2
|
133,105
|
|
Clause
10.6
|
Grade
9 Step 2
|
133,105
|
Yr 3
|
138,539
|
|
Clause
10.7
|
Grade
9 Step 2
|
133,105
|
Yr 4
|
142,665
|
|
Clause
10.8
|
Grade
9 Step 2
|
133,105
|
Yr 4
|
142,665
|
11. Overtime
11.1 Overtime is all
time worked in excess of 9 hours (excluding lunch breaks) in a day or outside
Bandwidth, provided the time is worked as authorised by the Department.
11.2 An employee will
be working ‘authorised overtime’ after 9 hours but within Bandwidth if:
11.2.1 The Department has
requested or required the employee to work; or,
11.2.2 The employee was
obligated to work and the work could only reasonably be performed after 9 hours
in the circumstances.
11.3 An employee will
be working ‘authorised overtime’ outside of Bandwidth if:
11.3.1 The Department has
requested or required the employee to work; or,
11.3.2 The employee has requested
to work and the request was approved; or,
11.3.3 The employee was
obligated to work and the work could only reasonably be performed outside of
Bandwidth.
11.4 For avoidance of
doubt, overtime is not authorised under cl 11.2.2 or cl 11.3.3 if the work
could, in the circumstances, reasonably have been performed within Bandwidth.
11.5 For avoidance of
doubt, and without limiting the entitlement to accrue flex-time under the FWHA
for all time worked beyond contract hours, time worked beyond 9 hours (within
bandwidth) with the Department’s approval will be attributed to the employee’s
flex credit.
11.6 Managers must
take all reasonable steps to ensure that they are aware of the hours worked by
their staff, including any overtime which has or will be worked.
11.7 In the
circumstance of cl 11.2.2 or cl 11.3.3, the employee must notify their Manager
of the overtime performed as soon as reasonably practicable in the
circumstances.
11.8 Clauses 90.2 to
90.5, 95 and 96 of the Conditions Award apply in respect of overtime which is
authorised under cl 11.1.
11.9 This clause
applies in respect of day workers.
11.10 During periods
where Child Protection Workers are activated to undertake disaster
recovery/welfare, Standard Daily Contract Hours will apply. All hours outside
Standard Daily Contract Hours will be paid as overtime.
12. Flex Time
12.1 Any FWHA that
applies to Child Protection Workers is subject to the terms of this Award and
cannot derogate from the following conditions:
12.1.1 Hours worked are
to be monitored by the Child Protection Worker and their Manager throughout
each settlement period through the use of flex-time records and time sheets,
and a Child Protection Worker and their Manager will work together with the aim
of preventing the Child Protection Worker accruing more than the flexible
working hours credit allowable in the settlement period under the FWHA.
12.1.2 If it is likely
that at the end of the settlement period of the applicable FWHA that the Child
Protection Worker will have more than the allowable flexible working hours
credit, the Manager and the Child Protection Worker must devise a strategy in
writing to ensure that the Child Protection Worker is able to use the flexible
working hours credit as flex leave so as to avoid the Child Protection Worker
accruing more than the allowable flexible working hours credit.
12.1.3 If the Child
Protection Worker has more than the allowable flexible work hours credit at the
end of any settlement period, the manager and the Child Protection Worker are
to have a discussion as to whether there are half days or days in the following
settlement period that can be taken as flex leave that will have the effect of
reducing the total flexible working hours credit to an allowable amount under
the FWHA.
12.1.4 If the Child
Protection Worker and their Manager do not agree on half days or days that can be
taken as flex leave in the next settlement period in accordance with cl 12.1.3,
any flexible working hours credit over the allowable amount will be paid at the
overtime rate and removed from the flexible working hours credit.
12.1.5 The written
strategy referred to in clause 12.1.2 must be reported to the relevant Director
by the Manager.
12.2 Without limiting
cl 12.1, to the extent any existing FWHA is inconsistent with the conditions
identified at cl 12.1.1 to 12.1.5, the conditions in cl 12.1.1 to 12.1.5
prevail and the FWHA has no effect to the extent of the inconsistency.
12.3 The clause
applies in respect to day workers as defined in the Conditions Award.
13. Dispute Resolution
Procedures
13.1 All grievances
and disputes relating to the provisions of the Award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the Department, if
required.
13.2 A staff member is
required to notify, in writing, their immediate Manager as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter
and, if possible, state the remedy sought.
13.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the staff member to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Department Head or delegate.
13.4 The immediate
Manager shall convene a meeting in order to resolve the grievance, dispute or
difficulty within two working days, or as soon as practicable, of the matter
being brought to attention.
13.5 If the matter
remains unresolved with the immediate Manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This Manager shall respond
within two working days, or as soon as practicable. The staff member may pursue this sequence of
reference to successive levels of management until the matter is referred to
the Executive Director.
13.6 The Executive
Director, or a Director of the People Branch, may refer the matter to one of
the Department’s Business Partners or the Employee Relations Branch for
consideration.
13.7 If the matter
remains unresolved, the Department shall provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
13.8 A staff member,
at any stage, may request to be represented by the Association.
13.9 The Association
on their behalf, or the Department Head, may refer the matter to the Industrial
Relations Commission of New South Wales if the matter is unresolved following
the use of these procedures.
13.10 The staff member, Association
and the Department shall agree to be bound by any order or determination by the
Industrial Relations Commission in relation to the dispute.
13.11 Whilst the
procedures outlined in subclauses (i) to (x) above are being followed, normal
work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in a case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
14.
Anti-Discrimination
14.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
14.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
14.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
14.4 Nothing in this
clause is to be taken to affect:
14.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
14.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
14.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
14.4.5 a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
14.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
Notes -
14.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
14.5.2 Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
Part B
Table 1 - Monetary Rates
Child Protection Workers
|
Classification and
Grades
|
Common Salary point
|
1.7.24
Per annum
4%
$
|
1.7.25
Per annum
3%
$
|
1.7.26
Per annum
3%
$
|
|
FAMILY TIME WORKER
|
|
|
|
|
|
1st year
|
46
|
73,522
|
75,728
|
78,000
|
|
2nd year
|
49
|
75,683
|
77,953
|
80,292
|
|
3rd year
|
52
|
77,795
|
80,129
|
82,533
|
|
4th year
|
55
|
79,931
|
82,329
|
84,799
|
|
CASEWORK SUPPORT
|
|
|
|
|
|
1st year
|
58
|
82,193
|
84,659
|
87,199
|
|
2nd year
|
61
|
84,673
|
87,213
|
89,829
|
|
3rd year
|
64
|
87,315
|
89,934
|
92,632
|
|
4th year
|
67
|
90,001
|
92,701
|
95,482
|
|
GRADUATE CASEWORKER
|
|
|
|
|
|
1st year of service
|
64
|
87,315
|
89,934
|
92,632
|
|
Year 2
|
67
|
90,001
|
92,701
|
95,482
|
|
CASEWORKER
|
|
|
|
|
|
1st year
|
75
|
97,027
|
99,938
|
102,936
|
|
2nd year
|
78
|
100,086
|
103,089
|
106,182
|
|
3rd year
|
82
|
104,011
|
107,131
|
110,345
|
|
4th year
|
85
|
107,059
|
110,271
|
113,579
|
|
5th year
|
88
|
110,266
|
113,574
|
116,981
|
|
6th year
|
91
|
113,562
|
116,969
|
120,478
|
|
LEADING CASEWORKER
|
|
|
|
|
|
1st year of service
|
95
|
118,296
|
121,845
|
125,500
|
|
Thereafter
|
98
|
122,058
|
125,720
|
129,492
|
|
MANAGER CASEWORK
|
|
|
|
|
|
1st year
|
101
|
125,693
|
129,464
|
133,348
|
|
2nd year
|
104
|
129,228
|
133,105
|
137,098
|
|
3rd year
|
108
|
134,504
|
138,539
|
142,695
|
|
4th year
|
111
|
138,510
|
142,665
|
146,945
|
|
MANAGER CLIENT SERVICES
|
|
|
|
|
|
1st year
|
116
|
145,378
|
149,739
|
154,231
|
|
2nd year
|
120
|
151,542
|
156,088
|
160,771
|
|
3rd year
|
126
|
161,034
|
165,865
|
170,841
|
|
4th year
|
130
|
168,130
|
173,174
|
178,369
|
N.B. - The Common Salary point will be adjusted in
accordance with the Salaries Award.
J.
WEBSTER, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.