Crown Employees (School Psychologists - Department of Education)
Salaries Award 2022
AWARD REPRINT
This reprint of the
consolidated contract determination is published under the authority of the
Industrial Registrar pursuant to section 390 of the Industrial Relations Act
1996, and under clause 6.6 of the Industrial Relations Commission
Rules 2022.
I certify that the form of
this reprint, incorporating the variations set out in the schedule, is correct
as at 9 October 2023.
E.
ROBINSON, Industrial Registrar
Schedule of Variations Incorporated
Variation Serial No.
|
Date of Publication
|
Effective Date
|
Industrial Gazette Reference
|
|
|
|
Volume
|
Page No.
|
C9765
|
17 November 2023
|
1 January 2022
|
395
|
1195
|
C9819
|
2 February 2024
|
9 October 2023
|
396
|
609
|
C9826
|
16 February 2024
|
9 October 2023
|
396
|
878
|
PART A
Arrangement
Clause No. Subject Matter
1.
Title
2.
Purpose of this Award
3. Definitions
4. Salaries
5. Casual
Employees
6. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
7. Conditions
of Employment
8. Qualifications
9. Professional
Practice Framework
10. Performance and Development
11. Grievance
and Dispute Settlement Procedure
12. No Extra
Claims
13. Anti-Discrimination
14. Area,
Incidence and Duration
PART B - SALARIES
Table 1 - School Psychologist Salaries
Table 2 - Senior Psychologist Education and Leader, Psychology Practice Salaries
Table 3 - Rates of Pay – Casual School Psychologists and
Casual Senior Psychologists Education
1. Title
1.1 This award will
be known as the Crown Employees (School Psychologists – Department of
Education) Salaries Award.
2. Purpose of This
Award
2.1 This award
establishes the rates of pay, salary progression and industrial instruments
governing the conditions of employment for School Psychologists, Senior
Psychologists Education and Leaders, Psychology Practice.
3. Definitions
3.1 "Act"
means the Government Sector Employment Act 2013 (NSW).
3.2 “Advanced
Certification” means certification at the advanced capability stage of the
Professional Practice Framework.
3.3 “AHPRA” means the
Australian Health Practitioner Regulation Agency, the national organisation
responsible for implementing the National Registration and Accreditation Scheme
across Australia in partnership with the national boards for each health
profession.
3.4 “Annual
Performance and Development Plan” means the process by which employees covered
by this award will identify, implement and review goals in accordance with the
applicable capability stage of the Professional Practice Framework.
3.5 "Association”
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
3.6 “Casual
Employee” means an employee employed to carry out irregular, intermittent,
short-term, urgent or other work as and when required.
3.7 “Department”
means the New South Wales Department of Education.
3.8 “Employee” means
any person employed as a School Psychologist, Senior Psychologist Education or
Leader, Psychology Practice, in accordance with the Act in ongoing, temporary
or casual employment.
3.9 “Established
Certification” means certification at the established capability stage of the
Professional Practice Framework.
3.10 “Industrial
Relations Commission” means the Industrial Relations Commission of New South
Wales established by the Industrial Relations Act 1996 (NSW).
3.11 “Industrial
Relations Secretary” means the Industrial Relations Secretary, as established
under the Act.
3.12 “Leader,
Psychology Practice” means a person appointed to lead a team of Senior
Psychologists, Education to implement professional practices consistent with
the standards of the Department and the Psychology Board of Australia. The Leader, Psychology Practice develops and
implements strategies to enhance psychology services in schools, including
professional development and support for the school counselling workforce.
3.13 “Ongoing
Employee” means an employee whose employment continues until the employee
resigns or his or her employment is terminated.
3.14 “Parties” means
the Secretary of the Department of Education and the Association.
3.15 “Professional
Practice Framework” means the Department’s School Counselling Service core
capabilities practice requirements for School Psychologists working in the
school environment to guide professional practice and growth throughout their
careers.
3.16 “The Board” or
“Psychology Board” means the Psychology Board of Australia or successor
organisation, responsible for registering psychologists and provisional
psychologists, developing standards, codes and guidelines for the psychology
profession
3.17 “Relevant
experience in a psychologist role” means all experience in a psychologist
role that is relevant to the role of school psychologist, as determined by
the Secretary, or their delegate, in their sole discretion.
3.18 “School” means a
Department school where instruction is provided by the Department and includes
any place designated as part of, or as an annex to, such school.
3.19 “School Psychologist” means a person employed
as such, in a School by the Secretary under the Act. School Psychologists provide specialised
psychological assessment, counselling and intervention services to strengthen
learning and wellbeing outcomes for students.
3.20 “School
Psychologist, Advanced Certification” means a School Psychologist as defined at
3.19 who has also attained Advanced Certification against the Professional
Practice Framework, holds General Registration with the Psychology Board, and
has completed 12 months of service at SP5.
3.21 "Secretary"
means the Secretary of the New South Wales Department of Education.
3.22 “Senior
Psychologist Education” means a person employed under the Act to provide
professional leadership and clinical/professional practice supervision to School
Psychologists and professional leadership in the delivery of psychological
services to school communities.
3.23 “Temporary
Employee” means an employee employed on a temporary basis to carry out work for
a specified period.
3.24 “The School Counselling Service” means the psychological service provided within Schools by suitably
qualified staff, contributing appropriate school-based support for the mental
health and wellbeing of students - including but not limited to, counselling,
and cognitive, emotional and behavioural assessments and evidence-based
interventions. The School Counselling Service includes staff working within
Department schools as a School Counsellor, School Psychologist, Senior
Psychologist Education, District Guidance Officer, Leader, Psychology Practice
and staff working in executive and corporate roles whose core business relates
to the School Counselling Service.
4.
Salaries
School Psychologists
4.1 Effective from the first full pay period
on or after 9 October 2023:
4.1.1 the salaries and rates of pay for school
psychologists arise from and reflect the implementation of a new classification
structure in accordance with Part B – Salaries, Table 1.
4.2 The annual salary for School Psychologists
will be in accordance with the School Psychologist’s level of Registration with
the Psychology Board on commencement of employment.
4.2.1 A School Psychologist with Provisional
Registration with the Psychology Board will commence on SP1.
4.2.2 Unless
clauses 4.2.3 to 4.2.5 apply, a School Psychologist with General Registration
with the Psychology Board will commence employment with the Department on SP2.
4.2.3 A School Psychologist with General Registration
with the Psychology Board and at least two years’, but less than three years’,
relevant experience in a psychologist role with General Registration will
commence on SP3.
4.2.4 A School Psychologist with General
Registration with the Psychology Board and at least three years’, but less than
four years’, relevant experience in a psychologist role with General
Registration will commence on SP4.
4.2.5 A School Psychologist with General
Registration with the Psychology Board and at least four years’ relevant
experience in a psychologist role with General Registration will commence on
SP5.
4.2.6 When making an offer of employment to a
prospective Employee, the Department must inform them of the terms of this
clause 4 and give the prospective Employee an opportunity to put forward any
information that they wish the Secretary to consider in determining whether the
prospective Employee should commence employment on a band higher than SP2.
4.2.7 A School Psychologist with General
Registration with the Psychology Board and Advanced Certification against the
Professional Practice Framework will commence on the School Psychologist
Advanced Certification salary.
Senior
Psychologists Education and Leaders, Psychology Practice
4.3 The rates of pay for senior psychologists
education and leaders, psychology practice arise from and reflect the
implementation of a new classification structure in accordance with Part B –
Salaries, Table 2 and will be effective from the first pay period commencing on
or after 9 October 2023.
Salary Progression and Maintenance
4.4 Salary progression from SP1 to SP2 will
take effect from the first full pay period after the completion of a minimum of
12 months service, attainment of General Registration with the Psychology Board
and subject to the satisfactory performance of duties via an Annual Performance
and Development Plan.
4.4.1. For those School Psychologists who have 12
months of service at SP1 but do not have General Registration with the
Psychology Board, progression from SP1 to SP2 will take effect from the first
pay period after the School Psychologist attains General Registration with the
Psychology Board and subject to the satisfactory performance of duties via an
Annual Performance and Development Plan (including goals consistent with
working towards the attainment of Established Certification).
4.5 Salary
progression from SP2 to SP3 will take effect from the first full pay period
after the completion of 12 months service at SP2 for those School Psychologists
who continue to meet the requirements of General Registration with the
Psychology Board and subject to the satisfactory performance of duties via an
Annual Performance and Development Plan (including goals consistent with the
attainment of Established Certification).
4.6 Salary progression from SP3 to SP4 and
from SP4 to SP5 will take effect from the first full pay period after the
completion of 12 months service for those School Psychologists who continue to
meet the requirements of General Registration with the Psychology Board and subject to the satisfactory performance of their duties
via an Annual Performance and Development Plan (including goals consistent with
the maintenance of Established Certification).
4.7 Salary progression from SP5 to School
Psychologist Advanced Certification will take effect from the first full pay
period after confirmation of Advanced Certification and General Registration by
the Psychology Board for School Psychologists who have been remunerated at SP5
for a minimum of 12 months and subject
to satisfactory performance of duties via the Annual Performance and
Development Plan (including goals consistent with the maintenance of
Established Certification). For those School Psychologists who have Advanced
Certification and General Registration with the Psychology Board but do not
have 12 months service at SP5, progression from SP5 to School Psychologist
Advanced Certification will, subject to satisfactory performance of duties via
the Annual Performance and Development Plan, take effect from the first full
pay period after the completion of 12 months service at SP5.
4.8 Payment of salaries under this clause is
conditional upon a School Psychologist maintaining the appropriate level of
registration with the Psychology Board in accordance with AHPRA regulations and
Established Certification and Advanced Certification (where relevant).
4.9 Where delays to the completion of the
Annual Performance and Development Plan process occurs, subject to compliance
with all other requirements of clauses 4.4 to 4.7, a School Psychologist will
be entitled to progress to the subsequent salary band effective from the
original increment date, including backpay as necessary, on confirmation of
satisfactory performance.
4.10 Where performance concerns are identified as
part of the Annual Performance and Development Plan, the increment of a School
Psychologist may be deferred. Subject to
the compliance with the requirements of clauses 4.4 to 4.7, the payment of a
previously deferred increment will be made from the date the Department
deems the performance of the School Psychologist to be satisfactory. Where the unsatisfactory service occurred:
4.10.1 within the first 3 years
of employment, the original
increment date will be retained.
4.10.2 after 3 years employment, all future
incremental dates will be varied by the period of the deferment.
School Psychologists
– Transition Arrangements
4.11 Existing school psychologists will
transition to the new classification structure from the first full pay period
on or after 9 October 2023.
4.12 A School Psychologist on Band 1 with less
than 12 months service and Provisional Registration will:
4.12.1 Move to SP1 of the salary scale;
and
4.12.2 Progress to SP2 after the
attainment of General Registration with the Psychology Board and 12 months
service.
4.12.3 Where General Registration is
achieved ahead of 12 months service, progression will occur once 12 months is
achieved.
4.12.4 Where 12 months service is achieved
ahead of General Registration, progression will occur once General Registration
is achieved.
4.13 A School Psychologist on Band 1 with more
than 12 months service and Provisional Registration will:
4.13.1 Move to SP1 of the salary scale;
and
4.13.2 Progress to SP2 after the
attainment of General Registration with the Psychology Board.
4.14 A School Psychologist on Band 2.0 with less
than 12 months service will:
4.14.1 Move to SP2 of the salary scale;
and
4.14.2 Progress to SP3 of the salary scale
after reaching 12 months service.
4.15 A School Psychologist on Band 2.0 with more
than 12 months service will:
4.15.1 Move to SP3 of the salary scale.
4.16 A School Psychologist on Band 2.1 will:
4.16.1 Move to SP3 of the salary scale.
4.17 A School Psychologist on Band 2.2 will:
4.17.1 Move to SP4 of the salary scale.
4.18 A School Psychologist on Band 2.3 will:
4.18.1 Move to SP5 of the salary scale;
and
4.18.2 Progression to School Psychologist
Advanced Certification will only apply to School Psychologists after the
attainment of Advanced Certification against the Professional Practice
Framework and 12 months service.
4.18.3 Where Advanced Certification
against the Professional Practice Framework is achieved ahead of 12 months
service, progression will occur once 12 months service is achieved.
4.18.4 Where 12 months service is achieved
ahead of Advanced Certification against the Professional Practice Framework,
progression will occur once Advanced Certification against the Professional
Practice Framework is achieved.
4.19 A School Psychologist on Band 3 will:
4.19.1 Move to the School Psychologist
Advanced Certification rate.
4.20 Upon completion of transition to the new
salary structure effective from 9 October 2023, salary progression and
maintenance will be subject to clauses 4.4 to 4.10 of this award.
5. Casual Employees
5.1 The rates of pay for casual employees are
set out in Part B – Salaries, Table 3.
5.2 A casual employee will be engaged and paid
for a minimum of 3 consecutive hours for each day worked.
5.3 Casual school psychologists will receive
either the CSP1 or CSP2 rate of pay as provided for in Part B – Salaries, Table
3 in accordance with their registration status.
That is, a provisionally registered casual school psychologist will be
paid at CSP1 and a generally registered casual school psychologist will be paid
at CSP2.
5.4 Casual school psychologists who commence
work at the CSP1 rate of pay will be required to work for a minimum of 12
months before being eligible to receive the CSP2 rate of pay, even if they have
attained General Registration.
5.5 Casual employees will be paid a casual
hourly rate of pay which has been calculated in line with the formula
prescribed at Clause 12.3 of the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009, as varied or replaced.
Casual School
Psychologists – Transition Arrangements
5.7 Existing casual school psychologists will
transition to the new classification structure form the first full pay period
on or after 9 October 2023.
5.8 A casual school psychologist on Band 1
with less than 12 months of service will:
5.8.1 Move to CSP1 of the salary scale; and
5.8.2 Progress to CSP2 of the salary scale after 12
months service and the attainment of General Registration with the Psychology
Board.
5.8.3 Where General Registration is achieved ahead
of 12 months service, progression will occur once the 12 months service is
achieved.
5.8.4 Where 12 months of service is achieved ahead
of General Registration, progression will occur once General Registration is
achieved.
5.9 A casual school psychologist on Band 2
will:
5.9.1 Move to CSP2 of the salary scale.
6. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
6.1 The entitlement
to salary package in accordance with this clause is available to:
6.1.1 ongoing full-time
and part-time employees;
6.1.2 temporary
employees, subject to the Department’s convenience; and
6.1.3 casual employees,
subject to the Department’s convenience, and limited to salary sacrifice to
superannuation in accordance with subclause 6.7.
6.2 For the purposes
of this clause:
6.2.1 "salary"
means the salary or rate of pay prescribed for the employee's classification by
Part B – Salaries of this award, and any other payment that can be salary
packaged in accordance with Australian taxation law.
6.2.2 "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
6.3 By mutual
agreement with the Secretary, an employee may elect to package a part or all of
their post compulsory deduction salary in order to obtain:
6.3.1 a benefit or
benefits selected from those approved by the Secretary; and
6.3.2 an amount equal to
the difference between the employee’s salary, and the amount specified by the
Secretary for the benefit provided to or in respect of the employee in
accordance with such agreement.
6.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
6.5 The agreement
will be known as a Salary Packaging Agreement.
6.6 Except in
accordance with subclause 6.7, a Salary Packaging Agreement must be recorded in
writing and must be for a period of time as mutually agreed between the
employee and the Secretary at the time of signing the Salary Packaging
Agreement.
6.7 Where an
employee makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
6.7.1 paid into the
superannuation fund established under the First
State Superannuation Act 1992; or
6.7.2 where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
6.7.3 subject to the
Department’s agreement, paid into another complying superannuation fund.
6.8 Where the
employee makes an election to salary sacrifice, the employer must pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
6.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
(a) Police
Regulation (Superannuation) Act 1906 (NSW);
(b) Superannuation
Act 1916 (NSW);
(c) State
Authorities Superannuation Act 1987 (NSW); or
(d) State Authorities
Non-contributory Superannuation Act 1987 (NSW),
the Department must ensure that the employee’s
superable salary for the purposes of the above Acts, as notified to the SAS
Trustee Corporation, is calculated as if the Salary Packaging Agreement had not
been entered into.
6.10 Where the
employee makes an election to salary package, and where the employee is a
member of a superannuation fund other than a fund established under legislation
listed in subclause 6.9 of this clause, the Department must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into. This clause applies even though the
superannuation contributions made by the Department may be in excess of
superannuation guarantee requirements after the salary packaging is
implemented.
6.11 Where the
employee makes an election to salary package:
6.11.1 subject to
Australian Taxation law, the amount salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
6.11.2 any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, is calculated by reference to the rate of pay which
would have applied to the employee under clause 4, Salaries, or Part B of this
Award if the Salary Packaging Agreement had not been entered into.
6.12 The Secretary may
vary the range and type of benefits available from time to time following
discussion with the Association. Such variations apply to any existing or
future Salary Packaging Agreement from date of such variation.
6.13 The Secretary
will determine from time to time the value of the benefits provided following
discussion with the Association. Such variations apply to any existing or
future Salary Packaging Agreement from the date of such variation. In this circumstance, the employee may elect
to terminate the Salary Packaging Agreement.
7. Conditions of
Employment
7.1 General
Conditions
The employees covered by this award are entitled to the
conditions of employment as provided for under the Act, Government Sector Employment Regulation 2014 (NSW) and the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 as varied or replaced. To the extent of any
inconsistency between the employment conditions found in the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 and this award, the employment
conditions in this award apply.
7.2 Professional
Supervision
7.2.1 Provisional
School Psychologists who have been funded to complete a Department Scholarship
will be provided by the Department with professional supervision by a
Board-approved supervisor, employed or endorsed by the Department in accordance
with the requirements of the Psychology Board guidelines and AHPRA regulations
to achieve their registration.
7.22 Provisional
School Psychologists who enter the service without a scholarship will have
access to a principal and/or secondary Board-approved supervisor(s) to complete
their registration requirements.
7.2.3 All School
Psychologists’ classifications will be provided by the Department with
professional supervision by their professional practice supervisor within the
School Counselling Service in order to maintain competence in their
psychological practice through ongoing professional supervision in accordance
with the requirements of the Psychology Board guidelines and AHPRA regulations.
8. Qualifications
8.1 Qualifications
for School Psychologists will be those determined necessary to achieve General
Registration with the Psychology Board, in accordance with AHPRA regulations.
8.1.1 To become
eligible for General Registration, the minimum qualification required is
completion of a six-year sequence of Board-approved accredited of education and
training, known as an internship pathway. This could include a minimum of
four years of study in Psychology followed by a two-year Board-approved
supervised practice program undertaken while registered as a Provisional
Psychologist; or five years of study in Psychology followed by one-year
Board-approved supervised practice program undertaken while registered as a
Provisional Psychologist.
8.1.2 Those completing
one of the internship pathways outlined in clause 8.1.1 must pass the National
Psychology Exam before applying for General Registration.
8.1.3 Alternatively a higher
degree pathway to General Registration is available. Completion of an approved
postgraduate degree in Psychology, accredited at the fifth or sixth-year level,
such as a Masters or Doctorate will mean eligibility to apply for General
Registration.
9. Professional
Practice Framework
9.1 The Professional
Practice Framework applies to all Employees.
9.1.1 Any changes to the
existing Professional Practice Framework or the development of a new framework
will be the subject of consultation between the parties.
10. Performance and
Development
10.1 Performance and
development processes applicable to School Psychologists will consist of
completion of an Annual Performance and Development Plan developed every 12
months in accordance with the Professional Practice Framework.
10.2 School
Psychologists must have appropriate and equitable access to professional
training, education and conference attendance relevant to both the Department
and employee in order that they maintain competence through ongoing
professional development in accordance with Psychology Board guidelines. The
Department must not unreasonably refuse requests by psychologists to attend
relevant training, education and conferences. Attendance of approved training,
education and conferences must be in accordance with Section 7 – Training and
Professional Development of the Crown
Employees (Public Service Conditions of Employment) reviewed Award 2009
as amended from time to time.
11. Grievance and
Dispute Settlement Procedure
11.1 All grievances
and disputes relating to the provisions of this Award must 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 appropriate
agency, if required.
11.2 An employee is
required to notify in writing their immediate manager, as to the substance of
the dispute or difficulty, request a meeting to discuss the matter and, if
possible, state the remedy sought.
11.3 Where the
grievance or dispute involves confidential or other sensitive material (including
issues of harassment or discrimination under the Anti-Discrimination Act 1977
(NSW)) that makes it impractical for the employee to advise their immediate
manager, the notification may occur to the next appropriate level of
management, including, where required, to the Secretary or Delegate.
11.4 The immediate
manager, or other appropriate officer, must convene a meeting in order to
resolve the dispute or difficulty within two (2) days, or as soon as
practicable, of the matter being brought to attention.
11.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
dispute. This manager must respond within two (2) days, or as soon as
practicable. This sequence of reference to successive levels of management may
be pursued by the employee until the matter is referred to the Secretary or
Delegate.
11.6 The Secretary may
refer the matter to the Industrial Relations Secretary for consideration.
11.7 In the event that
the matter remains unresolved, the Secretary must provide a written response to
the employee and any other party involved in the dispute or difficulty,
concerning action to be taken, or the reasons for not taking action, in
relation to the matter.
11.8 An employee, at
any stage, may request to be represented by an Association representative.
11.9 The employee or
the Association on their behalf or the Secretary may refer the matter to the
Industrial Relations Commission of New South Wales if the matter is unresolved
following the use of these procedures.
11.10 The employee,
Association, Department and Secretary must agree to be bound by any
recommendation, order or determination by the Industrial Relations Commission
of New South Wales in relation to the dispute.
11.11 Whilst the
procedures outlined in (11.2) to (11.10) are being followed, normal work
undertaken prior to notification of the grievance or dispute must continue
unless otherwise agreed between the parties, or, in the case involving
Occupational Health and Safety, if practicable, normal work must proceed in
such a manner to avoid any risk to the health and safety of any employee or
member of the public.
12. No Extra Claims
12.1 Other than as
provided for in the Industrial Relations
Act 1996 (NSW) and the Industrial Relations (Public Sector
Conditions of Employment) Regulation 2014 (NSW), there are to be no
further claims/demands or proceedings instituted before the NSW Industrial
Relations Commission for extra or reduced salaries, rates of pay, allowances or
conditions of employment with respect to the employees covered by the award
that take effect prior to 8 October 2024 by a party to this award.
13.
Anti-Discrimination
13.1 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 (NSW) 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.
13.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed in clause 9 of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009
or successor, 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.
13.3 Under the Anti-Discrimination Act 1977 (NSW), 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.
13.4 Nothing in this
clause is to be taken to affect:
13.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
13.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
13.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination
Act 1977 (NSW); and
13.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
state or federal jurisdiction.
13.5 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.
14. Area, Incidence
and Duration
14.1 This award covers
all School Psychologists, Senior Psychologists Education and Leaders,
Psychology Practice employed by the Department under the Act.
14.2 This award
commences on and from 1 January 2022 and remains in force until 8 October 2024.
14.3 The changes made
by variation to the Crown Employees (School Psychologists – Department of
Education) Salaries Award 2022 published 9 June 2023 (394 I.G. 636) will take
effect from 9 October 2023.
PART B
SALARIES
Table 1 – School Psychologist Salaries
Classification
|
Salary to commence on or after
9.10.2023
|
|
$
|
SP1
|
95,317
|
SP2
|
99,220
|
SP3
|
106,131
|
SP4
|
114,115
|
SP5
|
140,502
|
School Psychologist Advanced Certification
|
151,742
|
Table 2 - Senior Psychologists Education and Leaders,
Psychology Practice Salaries
Classification
|
Salary to commence on or after
9.10.2023
|
|
$
|
Senior Psychologist Education
|
164,044
|
Leader, Psychology Practice
|
168,547
|
Table 3
Hourly Rates of Pay – Casual School Psychologists and
Senior Psychologists Education
Classification
|
Rates to commence on or after
9.10.2023
$
|
CSP1
|
65.02
|
CSP2
|
77.11*
|
Senior Psychologist Education
|
111.91
|
*It is intended that this rate will not be amended and/or
increased until such time it is overtaken by the casual rate derived from the
SP3 salary by using the formula prescribed at Clause 12.3 of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 as varied or replaced.
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Printed by
the authority of the Industrial Registrar.