DETYA Certified Agreement
Schedule 5 – DETYA Legal Employees - Eligibility Requirements and
Salary Advancement
1. DETYA Legal 1
1.1 Eligibility Requirements And Selection
Arrangements
(a) A degree in Laws of an Australian tertiary institution or a
comparable overseas qualification which, in the opinion of the
Secretary or his delegate, is appropriate to the duties of the
classification; or
(b) Admission as a practitioner, however described, of the High
Court or the Supreme Court of an Australian State or Territory.
1.1.1 On successful completion of a course of training as
Aboriginal Cadet Legal or Cadet Legal, employees will be advanced as
DETYA Legal 1. Such advancements are not subject to appeal.
1.1.2 In all other cases, selection will be made in accordance
with DETYA selection requirements.
1.2 Salary Advancement Provisions
1.2.1 An employee shall, on engagement, be
paid salary at the second salary point in the scale of rates applicable
to the classification of DETYA Legal 1 unless the Secretary or his
delegate determines otherwise or the employee:
(a) has been admitted as a practitioner, however described, of the
High Court or the Supreme Court of a State or Territory; and
(b) has served under articles of a clerkship for a period of not
less that one year; or
(c) before being so admitted, successfully completed a course of
training in the Legal Workshop conducted by the Faculty of Law at the
Australian National University or a comparable course in Australia; or
(d) has gained experience, which, in the opinion of the Secretary
or his delegate, is equivalent to the experience of a person who has
satisfied (b) or (c) above.
1.2.2 An employee on promotion, automatic advancement or
movement to the DETYA Legal 1 classification, shall be paid:
(a) salary at the second point in the scale; or
(b) subject to sub-clause 1.2.5, where the
salary payable to an employee on movement or promotion exceeds the
secondary salary point in the scale – salary at that higher rate.
1.2.3 An employee shall not be paid salary at a rate exceeding
that which was paid on engagement, promotion, automatic advancement or
movement unless he or she has complied with the conditions specified in
sub-clause 1.2.1.
1.2.4 An employee, who has complied with the conditions
specified in sub-clause 1.2.1, shall be paid:
(a) salary at the third point in the scale; or
(b) where the salary payable to an employee on engagement, or an
employee on movement or promotion exceeds the second salary point in
the scale - at the higher rate.
1.2.5 An employee shall not be paid salary
on engagement, promotion or movement at a rate exceeding the seventh
salary point in the above scale unless the employee has complied with
the conditions specified in sub-clause 1.2.1.
1.2.6 An employee who has complied with
the conditions specified in sub-clause 1.2.1 shall be advanced to salary
points in the scale in accordance with DETYA’s Performance Management
System set out in Part C of this Agreement (to the extent that it is not
inconsistent with this Schedule and section
15.1.4 of the Agreement) and the following specified conditions:
(a) Subject to this clause an employee shall be paid salary at a
rate exceeding that which was payable on engagement, movement or
promotion to the employee where the employee has attained a
performance rating of “Fully Effective”, “Very Good” or “Excellent”,
shown in Column 1 of Table 1 below.
(b) Where an employee has attained a performance
rating shown in Column 1 of Table 1 below the employee is entitled to
be advanced by the number of salary points specified in Column 2
corresponding to the performance rating attained by the employee,
except as specified otherwise in this clause.
Table 1
| Column 1 |
Column 2 |
| Performance
Rating |
Rate
of Advancement |
| Excellent |
Advancement by three
salary points |
| Very Good |
Advancement by two salary
points |
| Fully Effective |
Advancement by one salary
point |
| Requires Attention |
No advancement |
| Inadequate |
No advancement |
(c) An employee shall not be advanced beyond the seventh salary
point in the scale unless:
(i) in the opinion of the Secretary or his delegate, the level of
the work which the employee is to perform is classified as higher
level work; and
(ii) the employee has performed work at the higher level for a
minimum period of three months and attained a performance rating of
“Fully Effective”, “Very Good” or “Excellent” shown in
Column 1 of Table 1 above.
(d) Where an employee has complied with the provisions of sub-clause
1.2.6
(c), the employee shall advance to the eighth salary point.
(e) An employee shall not advance beyond the eighth salary point in
the scale until the employee has completed twelve months’ service at
the eighth salary point.
(f) The provisions of sub-clause 1.2.6 (b) shall
not apply to an employee on engagement, promotion or movement unless
the employee has completed at least three months’ service as a DETYA
Legal 1 at the rate payable on engagement, promotion or movement.
2. DETYA Legal 2
2.1 Eligibility Requirements
2.1.1 Admission as a practitioner, however described, of the
High Court or the Supreme Court of an Australian State or Territory.
2.2 Salary Advancement Provisions
2.2.1 An employee shall be advanced in accordance with DETYA’s
Performance Management System (to the extent that it is not inconsistent
with this Schedule and section 15.1.4
of the Agreement) and the conditions outlined below:
(a) Subject to this clause an employee shall be
paid salary at a rate exceeding that which was payable on engagement,
promotion or movement to the level where the employee has attained a
performance rating of “Fully Effective”, “Very Good” or “Excellent”;
(b) The provisions of sub-clause 2.2.1 (a) shall
not apply to an employee on engagement, promotion or movement unless
the employee has completed three months’ service as a DETYA Legal 2
at the rate payable on engagement, promotion or movement.
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