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pARt 6 MAnAGeMent AnD AccountABilitY - Family Court of Australia

pARt 6 MAnAGeMent AnD AccountABilitY - Family Court of Australia

pARt 6 MAnAGeMent AnD AccountABilitY - Family Court of Australia

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The review showed that the program was well established and integrated with less adversarial trials.Judges reported a high level <strong>of</strong> satisfaction with the way the program focussed on the needs <strong>of</strong> childrenand integrated with the first day <strong>of</strong> the less adversarial trial. The Child Responsive Program has becomemore flexible to accommodate the needs <strong>of</strong> the particularly complex matters now before the <strong>Court</strong> andto ensure that families do not undergo duplicated assessments when matters are transferred betweencourts.Management <strong>of</strong> human resourcesOverviewIn 2009–10, the <strong>Court</strong>’s human resources area undertook significant work associated with the merger <strong>of</strong>the administration <strong>of</strong> the <strong>Family</strong> <strong>Court</strong> and Federal Magistrates <strong>Court</strong>, which had commenced in March2009. A people management framework and related strategies were essential for the merged workforce.PART 6MANAGEMENT AND ACCOUNTABILITYTerms and conditions <strong>of</strong> employment was a key issue. Staff on similar classifications, working side-bysideand performing similar duties had different terms and conditions <strong>of</strong> employment including differentrates <strong>of</strong> pay. This was a result <strong>of</strong> different pay structures within the courts, and different employmentconditions and salary outcomes from the respective Collective Agreements.A high priority <strong>of</strong> the Chief Executive Officer <strong>of</strong> the <strong>Family</strong> <strong>Court</strong> and Acting Chief Executive Officer <strong>of</strong>the Federal Magistrates <strong>Court</strong> was for a single Enterprise Agreement with a single set <strong>of</strong> terms andconditions for all staff <strong>of</strong> both courts. That could not be accomplished immediately following the merger<strong>of</strong> the administration. The Federal Magistrates <strong>Court</strong>’s Collective Agreement had a nominal expiry date <strong>of</strong>30 June 2009 and the last pay rise under it was on 1 July 2008. The <strong>Family</strong> <strong>Court</strong>’s Collective Agreementnominally expired on 30 June 2010, with a pay rise <strong>of</strong> 4.4 per cent from 1 July 2009. As a result the payrates applying to staff <strong>of</strong> the respective courts were significantly out <strong>of</strong> alignment.As an interim measure, the Chief Executive Officer, by determination under section 24 <strong>of</strong> the PublicService Act 1999, aligned the salary rates <strong>of</strong> the two courts on 9 September 2009. This followedconsultation with staff and the Community and Public Sector Union, and the approval <strong>of</strong> the Attorney-General and the Department <strong>of</strong> Education, Employment and Workplace Relations.Also in September 2009, the Government introduced new policy parameters for agreement makingin the <strong>Australia</strong>n Public Service, the <strong>Australia</strong>n Government Employment Bargaining Framework.Negotiations then commenced for a replacement Enterprise Agreement involving the <strong>Court</strong>s’management, the CPSU and individual staff bargaining representatives.The <strong>Court</strong>s’ intranets were the primary vehicles for keeping the employees informed <strong>of</strong> developments,with regular news and announcements about issues such as salary alignment, registry reviews and theprogress <strong>of</strong> negotiations for the new Agreement. Management also kept employees informed throughall-staff emails.The aim was for a replacement Enterprise Agreement to be in place by 1 July 2010. On 18 June 2010,Fair Work <strong>Australia</strong> approved the new Federal Magistrates <strong>Court</strong> <strong>of</strong> <strong>Australia</strong> and <strong>Family</strong> <strong>Court</strong> <strong>of</strong><strong>Australia</strong> Enterprise Agreement 2010. It commenced on 25 June 2010. See ‘Agreement Making’ later inthis Part for more details.120 <strong>Family</strong> <strong>Court</strong> <strong>of</strong> <strong>Australia</strong> — Annual Report 2009–2010

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