Flexible Working Hours Award

Background

PSA delegates have been meeting regularly with Management to negotiate the terms of an ‘Industrial Instrument’ that will determine pay and conditions around flex hours, flex leave, the forfeiture of flex hours, and overtime to compensate this forfeiture. Meetings have been held regularly since May to try to come to an agreement about the type of instrument and the terms contained in the instrument.

The PSA has been advocating for an Industrial Award that mirrors the recently created Office of the Director of Public Prosecutions (ODPP) Flexible Working Hours Award. To view this Award click HERE

The ODPP Flexible Working Hours Award was made by the Industrial Relations Commission in response to evidence of the regular and significant forfeiture of flex hours by ODPP employees. The Commission found that the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (which applies to ODPP and Crown Solicitor’s Office (CSO) staff) does not contemplate the forfeiture of flex leave. The Commission also rejected a submission by the Industrial Relations Secretary that “the forfeiture of flex leave is a natural consequence of the nature of the work that solicitors perform”. To view the decision click HERE.

The PSA’s proposed Award for CSO employees would cover both legal and non-legal employees.

At a PSA members’ meeting held on 16 July 2025 two significant decisions were made:

1. Five members decided to step up and become part of the PSA representative group as delegates. We now have six representatives
2. The members in attendance voted to pursue the creation of a Crown Solicitor’s Office Flexible Working Hours Award which would cover both legal and non-legal employees. The Award should be based on the terms and conditions contained in the ODPP Award.

Current Status

The Management at Crown Solicitor’s Office have not moved in their desire to pursue an ‘Agreement’ rather than an Award. The significant differences between an Award and Agreement are that an Award is more enforceable and must be adhered to whilst an Agreement can be easily varied and contains ‘Exit Provisions’ to enable either party to opt out of the agreement.

To view a comparison table of the different instruments click HERE.

The PSA is pushing for the proposed Award to contain provisions for excess flex hours to be paid out as overtime rather than forfeited. This is to ensure that employees are paid for their hours worked. It is also to encourage CSO Management to resolve the critical workload issues faced by CSO employees.

In mid-September, the PSA presented to Management a draft copy of the proposed Award and requested that Management put the Award forward to the Senior Officials Wages Advisory Committee (SOWAC) for review and follow up about whether SOWAC would agree to provide resources to enable bargaining around an Award. The CSO declined to do this as it considers the terms of the proposed Award still subject to negotiation and did not want to make a recommendation to SOWAC.

Next Steps

The PSA will be seeking to make an application to the Industrial Relations Commission for the creation of a Crown Solicitors Flexible Working Hours Award which will cover both legal and non-legal employees. Members meetings will be held to discuss progress moving forward.

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