Public Service Award 1992
1. - TITLE
1. - TITLE
This Award shall be known as the Public Service Award 1992 and shall
supersede and replace the Public Service Salaries Agreement 1985 (PSA AG5
of 1985) and the Public Service General Conditions of Service and
Allowances Award (PSA A4 of 1989).
1B. - MINIMUM ADULT AWARD WAGE
(1) No adult employee shall be paid less than the minimum adult award wage
unless otherwise provided by this clause.
(2) The minimum adult award wage for full time adult employees is $504.40
per week payable on and from 7 July 2006.
(3) The minimum adult award wage is deemed to include all arbitrated safety
net adjustments from State Wage Case decisions.
(4) Unless otherwise provided in this clause adults employed as casuals,
part-time employees or piece workers or employees who are remunerated
wholly on the basis of payment by result shall not be paid less than pro
rata the minimum adult award wage according to the hours worked.
(5) Juniors shall be paid no less than the wage determined by applying the
percentage prescribed in the junior rates provision in this award to the
minimum adult award wage.
(6)
(a) The minimum adult award wage shall not apply to apprentices,
employees engaged on traineeships or Jobskill placements or employed
under the Commonwealth Government Supported Wage System or to other
categories of employees who by prescription are paid less than the
minimum award rate.
(b) Liberty to apply is reserved in relation to any special categories
of employees not included here or otherwise in relation to the
application of the minimum adult award wage.
(7) Subject to this clause the minimum adult award wage shall:
(a) apply to all work in ordinary hours.
(b) Apply to the calculation of overtime and all other penalty rates,
superannuation, payments during any period of paid leave and for all
purposes of this award.
(8) Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for
adult employees payable under the 2006 General Order Wage Case
Decision. Any increase arising from the insertion of the adult minimum
wage will be offset against any equivalent amount in rates of pay
received by employees whose wages and conditions of employment are
regulated by this award which are above the wage rates prescribed in
the award. Such above award payments include wages payable pursuant to
enterprise agreements, consent awards or award variations to give
effect to enterprise agreements and over award arrangements.
Absorption which is contrary to the terms of an agreement is not
required.
Increases under previous State Wage Case Principles or under the
current Statement of Principles, excepting those resulting from
enterprise agreements, are not to be used to offset the adult minimum
wage.
(9) Adult Apprentices
(a) Notwithstanding the provisions of this clause, an apprentice, 21
years of age or over, shall not be paid less than $421.70 per week.
(b) The rate paid in paragraph (a) above is payable on superannuation
and during any period of paid leave prescribed by this Award.
(c) Where in this award an additional rate is expressed as a
percentage, fraction or multiple of the ordinary rate of pay, it shall
be calculated upon the rate prescribed in this award for the actual
year of apprenticeship.
(d) Nothing in this clause shall operate to reduce the rate of pay
fixed by this award for an adult apprentice in force immediately prior
to 5 June 2003.
2. - ARRANGEMENT
1. Title
1B. Minimum Adult Award Wage
2. Arrangement
3. Area of Operation
4. Scope
5. Term of Award
6. Definitions
7. Certificate of Service
8. Contract of Service
9. Part-Time Employment
10. Casual Employment
11. Salaries
12. Salaries Specified Callings
13. Purchased Leave - 44/52 Salary Arrangement
14. Purchased Leave - Deferred Salary Arrangement
15. Salary Packaging Arrangement
16. Supported Wage
17. Traineeships
18. Annual Increments
19. Higher Duties Allowance
20. Hours
21. Shift Work Allowance
22. Overtime Allowance
23. Annual Leave
24. Public Holidays
25. Long Service Leave
26. Sick Leave
27. Carers Leave
28. Parental Leave
29. Leave Without Pay
30. Study Leave
31. Short Leave
32. Bereavement Leave
33. Cultural/Ceremonial Leave
34. Blood/Plasma Donors Leave
35. Emergency Service Leave
36. Union Facilities for Union Representatives
37. Leave to Attend Association Business
38. Trade Union Training Leave
39. Defence Force Reserves Leave
40. International Sporting Events Leave
41. Witness and Jury Service
42. Camping Allowance
43. District Allowance
44. Disturbance Allowance
45. Diving Allowance
46. Flying Allowance
47. Motor Vehicle Allowance
48. Property Allowance
49. Protective Clothing Allowance
50. Relieving Allowance
51. Removal Allowance
52. Sea Going Allowance
53. Transfer Allowance
54. Travelling Allowance
55. Weekend Absence From Residence
56. Preservation of Rights
57. Keeping of and Access to Employment Records
58. Notification of Change
59. Right of Entry and Inspection by Authorised Representatives
60. Copies of Award
61. Establishment of Consultative Mechanisms
62. Special Conditions
63. Transition
64. Dispute Settlement Procedure
65. Expired General Agreement Salaries
Schedule A Salaries
Schedule B Salaries - Specified Callings
Schedule C Camping Allowance
Schedule D District Allowance
Schedule E Motor Vehicle Allowance
Schedule F Motor Vehicle Allowance
Schedule G Motor Cycle Allowance
Schedule H Overtime Allowance
Schedule I Travelling, Transfer and Relieving Allowance
Schedule J Shift Work Allowance
Schedule K Diving, Flying and Sea Going Allowance
Schedule L Named Parties
Schedule M Expired General Agreement Salaries
3. - AREA OF OPERATION
This Award shall apply throughout the State of Western Australia.
4. - SCOPE
This Award shall apply to all public service officers, other than those
listed in (a), (b) and (c) of this clause, appointed under Part 3 or Part
8 Section 100, of the Public Sector Management Act 1994 or continuing as
such by virtue of clause 4(c) of Schedule 5 of that Act, who are members
of or eligible to be members of the Civil Service Association of Western
Australia (Inc).
(a) A public service officer whose remuneration payable is determined
or recommended pursuant to the Salaries and Allowances Act 1975.
(b) A public service officer whose remuneration is determined by an Act
to be at a fixed rate, or is determined or to be determined by the
Governor pursuant to the provisions of any Act.
(c) A chief executive officer as defined in section 3(1) of the Public
Sector Management Act 1994.
5. - TERM OF AWARD
This Award shall operate as from the first pay period commencing on or
after the 1 st day of December 1992 and shall remain in force for a period
of three years.
6. - DEFINITIONS
In this Award, the following expressions shall have the following meaning:-
Administrative Instruction means administrative instruction as defined by
Schedule 5 of the Public Sector Management Act 1994.
Casual Officer means an officer engaged by the hour for a period not
exceeding one calendar month in any period of engagement, as determined by
the employer.
Chief Executive Officer in relation to any officer employed in a
Department, means the person immediately responsible for the general
management of the Department to the Minister of the Crown for the time
being administering the Department.
De Facto Partner means a relationship (other than a legal marriage) between
two persons who live together in a 'marriage-like' relationship and
includes same sex partners.
Employees means public service officers and executive officers employed in
the Public Service under Part 3 and Part 8 of the Public Sector Management
Act 1994.
Employer and Employing Authority means employing authorities as defined by
section 5 of the Public Sector Management Act 1994.
Headquarters means the place in which the principal work of an officer is
carried out, as defined by the employer.
Metropolitan Area means that area within a radius of fifty (50) kilometres
from the Perth City Railway Station.
Officers means public service officers and executive officers employed in
the Public Service under Part 3 and Part 8 of the Public Sector Management
Act 1994.
Partner means either spouse or defacto partner.
Spouse means a person who is lawfully married to that person.
Union means the Civil Service Association of Western Australia Incorporated
(the Association).
7. - CERTIFICATE OF SERVICE
On request, the employer shall issue a Certificate of Service containing
full information as to the period of service, and nature of duties
performed by the officer to the officer on redundancy, retirement,
resignation or where contracts of service expire through the effluxion of
time.
8. - CONTRACT OF SERVICE
(1) Probation
(a) Every officer appointed to the Public Service shall normally be on
probation for a period not exceeding six months, unless otherwise
determined by the employer.
(b) An officer who is appointed from the Public Sector of Western
Australia, and who has had at least six months of continuous
satisfactory service immediately prior to permanent appointment will
not be required to serve a period of probation.
(c) At any time during the period of probation the employer may annul
the appointment and terminate the services of the officer by the
giving of one week's notice or payment in lieu thereof.
(d) Prior to the expiry of the period of probation, the employer shall
have a report completed in respect to the officer's level of
performance, efficiency, and conduct, and
(i) confirm the permanent appointment, or
(ii) extend the period of probation by up to six months, to a
maximum period of probation of 12 months
(iii) or terminate the services of the officer.
(2) Discipline
The disciplinary provisions of the Public Sector Management Act 1994
shall apply to every officer employed under that Act.
(3) Termination of Employment
(a) An officer shall give the employer written notice of intention to
resign of not less than -
(i) one month, or
(ii) such other period as specified in the officer's contract of
service where applicable.
(b) An officer who fails to give the required written notice forfeits
the sum of $500, unless agreement is reached between an officer and
the employer for a shorter period of notice than that specified.
(c) Where an officer's services are terminated for any reason other
than dismissal, that officer shall be given written notice of -
(i) one month, or
(ii) such other period as specified in a contract of service, where
applicable.
or payment of salary for the appropriate period in lieu of
notice.
(d) The employment of a casual officer may be terminated at any time by
the casual officer or the employer giving to the other, one hour's
prior notice. In the event of an employer or casual officer failing to
give the required notice, one hour's salary shall be paid or forfeited.
(4) Retirement
An officer having attained the age of 55 years shall be entitled to
retire from the employ of the employer.
(5) Fixed Term Contract Employment
(a) The employer may employ officers on a fixed term contract in
accordance with the Public Sector Management Act 1994.
(b) In exercising their employing authority employers may only employ a
person as a fixed term contract officer in the following circumstances:
(i) covering one-off periods of relief;
(ii) work on a project with a finite life:
Where a project is substantially externally funded including
multiple external funding, the employer must present a
business case supporting the use of fixed term contract
officers in such positions to the Peak Consultative Forum.
Where external funding has been consistent on an historical
basis and it can be reasonably expected to continue the
employer shall assess the percentage of positions for which
permanent appointment can be made;
(iii) work that is seasonal in nature;
(iv) where an officer with specific skills is not readily available
in the public sector is required for a finite period; or
(v) in any other situation as is agreed between the parties to this
Award.
(c) Officers appointed for a fixed term shall be advised in writing of
the terms of the appointment and such advice shall specify the dates
of commencement and termination of employment.
(d) The provisions of subclause (2) and (3) of this clause shall also
apply to officers employed on a fixed term contract.
9. - PART-TIME EMPLOYMENT
(1) Definitions
(a) Part-time employment is defined as regular and continuing
employment of less than 37.5 hours per week by permanent or fixed term
contract staff.
(2) Part-Time Agreement
(a) Each part-time arrangement shall be confirmed in writing and shall
include the agreed period of the arrangement, and the agreed hours of
duty in accordance with subclause (3) of this clause.
(b) The conversion of a full-time officer to part-time employment can
only implemented with the written consent or by written request of
that officer. No officer may be converted to part-time employment
without the officer's prior agreement.
(3) The Hours of Duty will be in accordance with Clause 20. - Hours of this
Award, including flexible working hours.
(a) The employer shall specify in writing before a part-time officer
commences duty, the prescribed weekly and daily hours of duty for the
officer including starting and finishing times each day (ordinary
hours).
(b) The employer shall give an officer one (1) month's notice of any
proposed variation to that officer's starting and finishing times
and/or particular days worked, provided that the employer shall not
vary the officer's total weekly hours of duty without the officer's
prior written consent, a copy of which shall be sent to the designated
officer at the Association.
(c) All variations to an officer's working hours must be agreed to in
writing by the part-time officer.
If agreement is reached to vary an officer's ordinary working hours
pursuant to this subclause:
(i) Time worked to 7 hours on any day is not to be regarded as
overtime but an extension of the contract hours for that day and
should be paid at the normal rate of pay.
(ii) Overtime shall not be payable unless the total time worked on
any day exceeds 8 hours.
(iii) Additional days worked, up to a total of five days per week,
are also regarded as an extension of the contract and should be
paid at the normal rate. Days worked on a Saturday or Sunday are
to be paid in accordance with subclause (2)(b) of Clause 21. -
Shift Work Allowance of this Award.
(4) Salary and Annual Increments
(a) An officer who is employed on a part-time basis shall be paid a
proportion of the appropriate full-time salary dependent upon time
worked. The salary shall be calculated in the following manner:
+--------------------+----+-------------------+
| Hours worked per | x |Full-time |
| fortnight | |fortnightly salary1|
+--------------------+----+-------------------+
| 75 | | |
+--------------------+----+-------------------+
(b) A part-time officer shall be entitled to annual increments in
accordance with Clause 18. - Annual Increments of this Award, subject
to meeting the usual performance criteria.
(c) A part-time officer shall be entitled to the same leave and
conditions prescribed in this Award for full time officers.
(d) Payment to an officer proceeding on accrued annual leave and long
service leave shall be calculated on a pro rata basis having regard
for any variations to the officer's ordinary working hours during the
accrual period.
(e) Sick leave and any other paid leave shall be paid at the current
salary, but only for those hours or days that would normally have been
worked had the officer not been on such leave.
(5) Public Holidays
A part-time officer shall be allowed the prescribed Public Holidays
without deduction of pay in respect of each holiday, which is observed
on a day ordinarily worked by the part-time officer.
(6) Right of Reversion of Officers
(a) Where a full-time officer is permitted to work part-time for a
period no greater than 12 months the officer has a right (upon written
application) to revert to full-time hours in the position previously
occupied before becoming part time or a position of equal
classification as soon as deemed practicable by the employer, but no
later than the expiry of the agreed period.
(b) Where a full-time officer is permitted to work part-time for a
period greater than 12 months that officer may apply to revert to
full-time hours in the position previously occupied before becoming
part time or a position of equal classification, but only as soon as
is deemed practicable by the employer. This should not prevent the
transfer of the officer to another full-time position at a salary
commensurable to his or her previous full-time position.
(7) The number or proportion of part-time officers employed in departments
shall not exceed any number or proportion that may be agreed in writing
between the Association and the employer.
10. - CASUAL EMPLOYMENT
(1) Salary
(a) A casual officer shall be paid for each hour worked at the
appropriate classification contained in Clause 11. - Salaries or
Clause 12. - Salaries Specified Callings of this Award in accordance
with the following formula:
+-----------------+
| Fortnightly |
| Salary |
+-----------------+
| 75 |
+-----------------+
With the addition of twenty percent in lieu of annual leave, sick
leave, long service leave and payment for public holidays.
(b) The provisions of subclause (3) (a) and (d) of Clause 11. -
Salaries of this Award shall not apply to a casual officer.
(2) Conditions of Employment
(a) Conditions of employment, leave and allowances provided under the
provisions of this Award shall not apply to a casual officer with the
exception of bereavement and carers leave. However, where expenses are
directly and necessarily incurred by a casual officer in the ordinary
performance of their duties, he/she shall be entitled to reimbursement
in accordance with the provisions of this Award.
(b) Nothing in this clause shall confer permanent or fixed term
contract officer status within the meaning of Section 64 of the Public
Sector Management Act 1994.
(c) The employment of a casual officer may be terminated at any time by
the casual officer or the employer giving to the other, one hour's
prior notice. In the event of an employer or casual officer failing to
give the required notice, one hour's salary shall be paid or forfeited.
(d) The provisions of the Overtime Allowance in this Award do not apply
to Casual Officers who are paid by the hour for each hour worked.
Additional hours are paid at the normal casual rate.
(e) A casual officer shall be informed that their employment is casual
and that they have no entitlement to paid leave, with the exception of
bereavement leave before they are engaged.
(3) Caring Responsibilities
(a) Subject to the evidentiary and notice requirements in Clause 27 -
Carers Leave a casual officer shall be entitled to not be available to
attend work or to leave work if they need to care for members of their
immediate family or household who are sick and require care and
support, or who require care due to an unexpected emergency, or the
birth of a child.
(b) The employer and the casual officer shall agree on the period for
which the casual officer will be entitled to not be available to
attend work. In the absence of agreement, the officer is entitled to
not be available to attend work for up to 48 hours (ie two days) per
occasion. The casual officer is not entitled to any payment for the
period of non-attendance.
(c) An employer must not fail to re-engage a casual officer because the
casual officer accessed the entitlements provided for in this
subclause. The rights of an employer to engage or not engage a casual
officer are otherwise not affected.
11. - SALARIES
(1) Subject to Clause 17. - Traineeships of this Award the annual salaries
applicable to officers not covered by Clause 12. - Salaries Specified
Callings of this Award shall be those contained in Schedule A.
(2) An adult officer employed pursuant to Level 1 shall commence employment
at Level 1.1. Provided that at the discretion of the employer, the officer
may be appointed to a higher incremental level subject to previous
relevant knowledge and experience.
(3) Payment Of Salaries
(a) Salaries shall be paid fortnightly but, where the usual payday
falls on a public holiday, payment shall be made on the previous
working day.
(b) Dividing the annual salary by 313 and multiplying the result by 12
shall compute a fortnight's salary.
(c) The hourly rate shall be computed as one seventy-fifth of the
fortnight's salary.
(d) The hourly rate referred to in paragraph (c) of this subclause
shall only be applied to an average of no more than 37.5 hours per
week worked as ordinary hours under
(i) this award; or
(ii) a contract of employment subject to the provisions s 4H of the
Workplace Agreements Act 1993 as preserved by s 100 of the Labour
Relations Reform Act 2002.
(e) Salaries shall be paid by direct funds transfer to the credit of an
account nominated by the officer at a bank, building society or credit
union approved by the Under Treasurer or an Accountable Officer.
(f) Provided that where such form of payment is impracticable or where
some exceptional circumstances exist, and by agreement between the
employer and the Association, payment by cheque may be made.
(4) Arbitrated Safety Net Adjustments
(a) The rates of pay in this Award include arbitrated safety net
adjustments available since December 1993, under the Arbitrated Safety
Net Adjustment Principle.
(b) These arbitrated safety net adjustments may be offset against any
equivalent amount in the rate of pay received by officers since 1
November 1991 above the rate prescribed in the Award, except where
such absorption is contrary to the terms of an industrial agreement.
(c) Increases in rates of pay otherwise made under the State Wage Case
Principles, excepting those resulting from enterprise agreements, are
not to be used to offset arbitrated safety net adjustments.
(5) Special Allowances
The employer shall not be prohibited from granting special allowances
based on additional duties and responsibilities undertaken by an
officer due to expertise and knowledge of the officer.
(6) Amalgamation of Salary Classes
In allocating salaries or salary ranges in accordance with Section 29
of the Public Sector Management Act 1994 the employer may amalgamate
any two or more levels or, allocate specific salary points from a
level or levels prescribed by this Award.
12. - SALARIES SPECIFIED CALLINGS
(1) Officers, who possess a relevant tertiary level qualification, or
equivalent determined by the Executive Director, Labour Relations,
Department of Consumer and Employment Protection, and who are employed in
the callings of Agricultural Scientist, Architect, Architectural Graduate,
Community Corrections Officer, Dental Officer, Dietician, Education
Officer, Engineer, Forestry Officer, Geologist, Laboratory Technologist,
Land Surveyor, Legal Officer, Librarian, Medical Officer, Medical
Scientist, Pharmacist, Planning Officer, Podiatrist, Psychiatrist,
Clinical Psychologist, Psychologist, Quantity Surveyor, Medical Imaging
Technologist, Nuclear Medicine Technologist, Radiation Therapist,
Scientific Officer, Social Worker, Superintendent of Education, Therapist
(Occupational, Physio or Speech), Veterinary Scientist, or any other
professional calling determined by the Executive Director, Labour
Relations, Department of Consumer and Employment Protection, shall be
entitled to annual salaries as contained in Schedule B.
(2) Subject to subclause (5) of this Clause, on appointment or promotion to
the Level 2/4 under this clause.
(a) Officers, who have completed an approved three-year tertiary
qualification, relevant to their calling, shall commence at the first
year increment.
(b) Officers who have completed an approved four-year tertiary
qualification, relevant to their calling, shall commence at the second
year increment.
(c) Officers, who have completed an approved Masters or PhD degree
relevant to their calling shall commence on the third year increment.
Provided that officers who attain a higher tertiary level
qualification after appointment shall not be entitled to any
advanced progression through the range.
(3) The Executive Director, Labour Relations, Department of Consumer and
Employment Protection shall be exclusively responsible for determining the
relevant acceptable qualifications for appointment for the callings
covered by this clause and shall maintain a manual setting out such
qualifications.
(4) The Executive Director, Labour Relations, Department of Consumer and
Employment Protection in allocating levels pursuant to subclause (1) of
this clause may determine a commencing salary above level 2/4 for a
particular calling/s.
(5) The following conditions shall apply to officers in the callings
detailed below:
(a) Education Officers - Officers employed in the calling of Education
Officer and appointed or promoted to level 2/4 under this Agreement
shall commence on the following salary points:
(i) Officers who have completed an approved three-year
qualification, relevant to their calling, shall commence at the
first year of the range, subject to subparagraph (v) of this
subclause.
(ii) Officers who have completed an approved four-year tertiary
qualification, relevant to their calling, shall commence at the
second year of the range, subject to subparagraph (v) of this
subclause.
(iii) Officers, who hold a relevant qualification such as an
Honours or other four year degree (or equivalent) plus a Diploma
of Education, or a relevant Masters degree or PhD, shall commence
at the third year of the range subject to subparagraph (v) of this
subclause.
(iv) Officers, who hold a relevant Masters Degree or PhD plus a
Diploma of Education, shall commence at the fourth year of the
range, subject to subparagraph (v) of this subclause.
(v) Officers, who have not less than two years of relevant
experience, shall receive an additional increment at the time of
appointment. Where the officer has had three or more years of
relevant experience, two additional increments shall be granted at
the time of commencement.
(b) Engineers -
(i) Officers employed in the calling of Engineer and who are
classified level 2/4 under this Award shall be paid a minimum
salary at the rate prescribed for the maximum of level 2/4 where
the officer is an experienced engineer as defined.
For the purposes of this paragraph experienced engineer shall
mean: -
(aa) An engineer appointed to perform professional engineering
duties and who is a Corporate Member of the Institution of
Engineers, Australia or who attains that status during service.
(bb) An engineer appointed to perform professional duties who
is not a Corporate Member of The Institution of Engineers,
Australia but who possesses a degree or diploma from a
University, College or Institution acceptable to the Executive
Director, Labour Relations, Department of Consumer and
Employment Protection on the recommendation of the Institution
of Engineers, Australia, and who -
(A) having graduated in a four or five year degree course at a
University or Institution recognised by the Executive Director, Labour
Relations, Department of Consumer and Employment Protection, has had
four years experience on professional engineering duties acceptable to
the employer since becoming a qualified engineer, or
(B) not having a University degree but possessing a diploma recognised
by the Executive Director, Labour Relations, Department of Consumer
and Employment Protection, has had five years experience on
professional engineering duties, recognised by the employer since
becoming a qualified engineer.
(c) Legal Officers - there shall be for the calling of Legal Officer an
additional salary point which shall be the salary applicable to Level
9 (maximum) plus a special allowance equivalent to half the difference
between Level 9 (maximum) and Class 1.
(d) Medical Officers and Psychiatrists - there shall be for the
callings of Medical Officers and Psychiatrists two additional salary
points which may be used. These salary points shall be:
(i) The salary applicable to Class 1 plus a Special Allowance
equivalent to half the difference between Class 1 and Class 2.
(ii) The salary applicable to Class 2 plus a Special Allowance
equivalent to half the difference between Class 2 and Class 3.
(e) Architectural Graduate - Officers employed in the calling of
Architectural Graduate, as defined, and appointed or promoted to Level
2/4 shall commence on the following salary points:
(i) Officers who have completed an approved five-year tertiary
qualification, relevant to this calling, shall commence at the
second year increment.
(ii) Officers who have completed and approved Masters or PHD
degree, relevant to this calling, shall commence at the third year
increment.
For the purposes of this paragraph Architectural Graduate shall
mean an officer who possesses a relevant tertiary level
qualification or equivalent determined by the Executive
Director, Labour Relations, Department of Consumer and
Employment Protection but is not registered with the
Architects Board of Western Australia as an Architect, and who
undertakes such duties as are necessary for achieving such
registration with the Architects Board of Western Australia.
(f) Architect - Officers employed in the calling of Architect, as
defined, and appointed or promoted to Level 2/4 shall commence at the
fourth year increment.
For the purposes of this paragraph Architect shall mean an officer
who possesses a relevant tertiary level qualification or
equivalent determined by the Executive Director, Labour Relations,
Department of Consumer and Employment Protection, and possesses
the necessary experience and is registered with the Architects
Board of Western Australia as an Architect.
13. - PURCHASED LEAVE - 44/52 SALARY ARRANGEMENT
(1) The employer and an employee may agree to enter into an arrangement
whereby the employee can purchase up to eight (8) weeks additional leave.
(2) The employer will assess each application for a 44/52 salary
arrangement on its merits and give consideration to the personal
circumstances of the employee seeking the arrangement.
(3) Where an employee is applying for purchased leave of between five (5)
and eight (8) weeks the employer will give priority access to those
employees with carer responsibilities.
(4) Access to this entitlement will be subject to the employee having
satisfied the agency's accrued leave management policy.
(5) The employee can agree to take a reduced salary spread over the 52
weeks of the year and receive the following amounts of purchased leave:
+-----------------------+----------------------+
|Number of Weeks' Salary| Number of Weeks' |
| | |
| Spread Over 52 Weeks | Purchased Leave |
+-----------------------+----------------------+
| 44 weeks | 8 weeks |
+-----------------------+----------------------+
| 45 weeks | 7 weeks |
+-----------------------+----------------------+
| 46 weeks | 6 weeks |
+-----------------------+----------------------+
| 47 weeks | 5 weeks |
+-----------------------+----------------------+
| 48 weeks | 4 weeks |
+-----------------------+----------------------+
| 49 weeks | 3 weeks |
+-----------------------+----------------------+
| 50 weeks | 2 weeks |
+-----------------------+----------------------+
| 51 weeks | 1 week |
+-----------------------+----------------------+
(6) The purchased leave will not be able to be accrued. The employee is to
be entitled to pay in lieu of the purchased leave not taken. In the event
that the employee is unable to take such purchased leave, his/her salary
will be adjusted on the last pay period in January to take account of the
fact that time worked during the year was not included in the salary.
(7) Where an employee who is in receipt of an allowance provided for in
Clause 19 - Higher Duties Allowance of the Award proceeds on any period of
purchased leave the employee shall not be entitled to receive payment of
the allowance for any period of purchased leave.
(8) In the event that a part time employee's ordinary working hours are
varied during the year, the salary paid for such leave taken will be
adjusted on the last pay in January to take into account any variations to
the employee's ordinary working hours during the previous year.
14. - PURCHASED LEAVE - DEFERRED SALARY ARRANGEMENT
(1) With the written agreement of the employer, an officer may elect to
receive, over a four-year period, 80% of the salary they would otherwise
be entitled to receive in accordance with the Award.
(2) The employer will assess each application for deferred salary on its
merits and give consideration to the personal circumstances of the officer
seeking the leave.
(3) On completion of the fourth year, an officer will be entitled to 12
months leave and will receive an amount equal to 80% of the salary they
were otherwise entitled to in the fourth year of deferment.
(4) Where an officer completes four (4) years of deferred salary service
and is not required to attend duty in the following year, the period of
non-attendance shall not constitute a break in service and shall count as
service on a pro-rata basis for all purposes.
(5) An officer may withdraw from this arrangement prior to completing a
four-year period by written notice. The officer will receive a lump sum
payment of salary forgone to that time but will not be entitled to
equivalent absence from duty.
(6) The employer will ensure that superannuation arrangements and taxation
effects are fully explained to the officer by the relevant Authority. The
employer will put any necessary arrangements into place.
Variation of the Arrangements
(7) As an alternative to subclause (5) of this clause, and only by mutual
agreement of the employer and the employee, the provisions of the deferred
arrangement may be varied subject to the following:
(a) the term of the arrangement will not extend beyond that
contemplated by this clause,
(b) the variation will not result in any consequential monetary or
related gain or loss to either the employer or the employee, and
(c) the percentage of salary to apply during the 12 months leave as
specified in subclause 3 of this clause will be calculated as 80% of
the average ordinary prescribed hours worked over the previous four
years.
15. - SALARY PACKAGING ARRANGEMENT
(1) An officer may, by agreement with the employer, enter into a salary
packaging arrangement in accordance with this clause and Australian
Taxation Office requirements.
(2) Salary packaging is an arrangement whereby the entitlements and
benefits under this Award, contributing toward the Total Employment Cost
(TEC) (as defined in subclause (3) of this clause) of an officer, can be
reduced by and substituted with another or other benefits.
(3) The TEC for salary packaging purposes is calculated by adding the
following entitlements and benefits:
(a) the base salary;
(b) other cash allowances;
(c) non cash benefits;
(d) any Fringe Benefit Tax liabilities currently paid; and
(e) any variable components.
(4) Where an officer enters into a salary packaging arrangement the officer
will be required to enter into a separate written agreement with the
employer setting out the terms and conditions of the salary packaging
arrangement.
(5) Notwithstanding any salary packaging arrangement, the salary rate as
specified in this Award, is the basis for calculating salary related
entitlements specified in the Award.
(6) Compulsory Employer Superannuation Guarantee contributions are to be
calculated in accordance with applicable federal and state legislation.
Compulsory employer contributions made to superannuation schemes
established under the State Superannuation Act 2001 are calculated on the
gross (pre packaged) salary amount regardless of whether an officer
participates in a salary packaging arrangement with their employer.
(7) A salary packaging arrangement cannot increase the costs to the
employer of employing an individual.
(8) A salary packaging arrangement is to provide that the amount of any
taxes, penalties or other costs for which the employer or officer is or
may become liable for and are related to the salary packaging arrangement,
shall be borne in full by the officer.
(9) In the event of any increase in taxes, penalties or costs relating to a
salary packaging arrangement, the officer may vary or cancel that salary
packaging arrangement.
16. - SUPPORTED WAGE
(1) Workers Eligible for a Supported Wage
This clause defines the conditions that will apply to officers who,
because of the effects of a disability, are eligible for a supported
wage under the terms of this clause. In the context of this clause,
the following definitions will apply:
Supported Wage System means the Commonwealth Government system to
promote employment for people who cannot work at full award wages
because of a disability, as documented in (Supported Wage System:
Guidelines and Assessment Process);
Accredited Assessor means a person accredited by the management unit
established by the Commonwealth under the Supported Wage System to
perform assessment of an individual's productive capacity within the
Supported Wage System;
Disability Support Pension means the Commonwealth pension scheme to
provide income security for persons with a disability as provided
under the Social Security Act 1991, as amended from time to time, or
any successor to that scheme; and
Assessment Instrument means the form provided for under the Supported
Wage System that records the assessment of the productive capacity of
the person to be employed under the Supported Wage System.
(2) Eligibility Criteria
Officers covered by this clause will be those who are unable to perform
the range of duties to the competence level required within the class
of work for which the officer is engaged under the Award, because of
the effects of a disability on their productive capacity and who meet
the impairment criteria for receipt of a Disability Support Pension.
(This clause does not apply to any existing officer who has a claim
against the employer, which is subject to the provisions of workers'
compensation legislation, or any provision of the Award relating to
the rehabilitation of officers who are injured in the course of their
current employment).
This clause also does not apply to employers in respect of their
facility, programme, undertaking, service or the like which receives
funding under the Disability Services Act 1986 and fulfils the dual
role of service provider and sheltered employer to people with
disabilities who are in receipt of or eligible for a Disability
Support Pension, except with respect to an organisation which has
received recognition under s10 or s12A of the Act, or if a part only
has received recognition, that part.
(3) Supported Wage Rates
Officers to whom this clause applies shall be paid the applicable
percentage of the minimum rate of pay prescribed by the Award for the
class of work, which the person is performing according to the
following schedule:
+--------------------------------+---------------------------+
|Assessed Capacity (clause 16.5) |% of Prescribed Award Rate |
+--------------------------------+---------------------------+
| 10%* | 10% |
+--------------------------------+---------------------------+
| 20% | 20% |
+--------------------------------+---------------------------+
| 30% | 30% |
+--------------------------------+---------------------------+
| 40% | 40% |
+--------------------------------+---------------------------+
| 50% | 50% |
+--------------------------------+---------------------------+
| 60% | 60% |
+--------------------------------+---------------------------+
| 70% | 70% |
+--------------------------------+---------------------------+
| 80% | 80% |
+--------------------------------+---------------------------+
| 90% | 90% |
+--------------------------------+---------------------------+
(Provided that the minimum amount payable shall be not less
than $61 per week).
*Where a person's assessed capacity is 10%, they shall
receive a high degree of assistance and support.
(4) Assessment of Capacity
For the purpose of establishing the percentage of the Award rate to be
paid to the officers, the productive capacity of the officer will be
assessed in accordance with the Supported Wage System and documented
in an assessment instrument by either:
(a) the employer and the union, in consultation with the officer, or if
desired by any of these; or
(b) the employer and an accredited Assessor from a panel agreed by the
parties to the Award and the officer.
(5) Lodgement of Assessment Instruments
All assessment instruments under the conditions of this clause,
including the appropriate percentage of the Award wage rate to be paid
to the officer, shall be lodged by the employer with the Registrar of
the Commission.
All assessment instruments shall be agreed and signed by the parties to
the assessment, provided that where the union is not a party to the
assessment, it shall be referred by the Registrar to the union by
certified mail and shall take effect unless an objection is notified
to the Registrar within 10 working days.
(6) Review of Assessment
The assessment of the applicable percentage should be subject to annual
review or earlier on the basis of a reasonable request for such a
review. The process of review shall be in accordance with the
procedures for assessing capacity under the Supported Wage System.
(7) Other Terms and Conditions of Employment
Where an assessment has been made, the applicable percentage shall
apply to the wage rate only. Officers covered by the provisions of
this clause will be entitled to the same terms and conditions of
employment as all other officers covered by the Award paid on a pro
rata basis.
(8) Workplace Adjustment
An employer wishing to employ a person under the provisions of this
clause shall take reasonable steps to make changes in the workplace to
enhance the officer's capacity to do the job. Changes may involve
re-design of job duties, working time arrangements and work
organisation in consultation with other officers in the area.
(9) Trial Period
In order for an adequate assessment of the officer's capacity to be
made, an employer may employ a person under the provisions of this
clause for a trial period not exceeding 12 weeks, except that in some
cases additional work adjustment time (not exceeding 4 weeks) may be
needed.
During the trial period the assessment of capacity shall be undertaken
and the proposed wage rate for a continuing employment relationship
shall be determined.
The minimum amount payable to the officer during the trial period shall
be no less than $61 per week.
Work trials should include induction or training as appropriate to the
job being trialled.
Where the employer and officer wish to establish a continuing
employment relationship following the completion of the trial period,
a further contract of employment shall be entered into based on the
outcome of assessment under subclause 16.5.
17. - TRAINEESHIPS
(1) Definitions
Part time trainee means a trainee who is employed for a minimum of 20
hours per week (except in the case of school based traineeships), and
has regular and stable hours of work each week, to allow training to
occur. Wages and entitlements accrue on a pro-rata basis.
Traineeship means a full time or part time structured employment based
training arrangement approved by the Western Australian Department of
Education and Training where the trainee gains work experience and has
the opportunity to learn new skills in a work environment. On
successful completion of the traineeship the trainee obtains a
nationally recognised qualification.
Traineeship Training Contract means the agreement between the employer
and the trainee that provides details of the traineeship and
obligations of the employer and the trainee and is registered with the
Western Australian Department of Education and Training.
Training Plan means the plan that outlines what training and
assessment will be conducted off-the-job and what will be conducted
on-the-job and how the Registered Training Organisation will assist in
ensuring the integrity of both aspects of the training and assessment
process.
(2) Traineeships
(a) Trainees are to be additional to the normal workforce of the
employers so that trainees shall not replace paid workers or
volunteers or reduce the hours worked by existing officers.
(b) Training Conditions
The arrangements between the employer and the trainee in relation
to the traineeship are as specified in the Traineeship Training
Contract, as administered by the Department of Education and
Training. The trainee will be trained in accordance with the
agreed Training Plan.
(c) Employment Conditions
(i) the initial period of employment for trainees is the nominal
training period endorsed at the time the particular traineeship is
established;
(ii) completion of the traineeship scheme will not guarantee the
trainee future employment in the public sector, but the employer
will cooperate to assist the trainee to be placed in suitable
employment, should a position arise;
(iii) trainees are permitted to be absent from work without loss of
continuity of employment to attend off the job training in
accordance with the Training Plan. However, except for absences
provided for under this Award, failure to attend for work or
training without an acceptable cause may result in loss of pay for
the period of the absence;
(iv) trainees will receive a mix of supervised work experience,
structured training on the job and off the job, and the
opportunity to practice new skills in a work environment; and
(v) overtime and shift work shall not be worked by trainees except
to enable the requirements of the training to be effected. When
overtime and shift work are worked the relevant allowances and
penalties of the Award, based on the training wage referenced in
paragraph (d) of this subclause will apply. No trainee shall work
overtime or shift work unsupervised.
(d) Wages
The salary applicable to trainees shall be as prescribed in the
National Training Wage Award 2000 for officers up to and including
20 years of age. Adult trainees will be paid the rate prescribed
under the Minimum Conditions of Employment Act 1993 for the
minimum weekly rate of pay for officers 21 or more years of age.
18. - ANNUAL INCREMENTS
(1) Officers shall proceed to the maximum of their salary range by annual
increments subject to a satisfactory report on the officer's level of
performance and conduct.
(2) The following procedure will apply prior to the payment of an increment:
(a) Their manager will produce a report on the officer's performance
and conduct no later than 12 months since the officer's last
incremental advance.
(b) Where the report is satisfactory, the increment will be paid.
(c) Where the report is unsatisfactory:
● The officer will be shown the report and required to initial it.
● The officer will be provided with an opportunity to comment in
writing.
● The officer's comments will be considered immediately by the
employer and a decision made as to whether to approve the payment
of the increment or withhold payment for a specific period.
● Where the increment is withheld, the employer before the expiry
of the specified period will complete a further report and the
above provisions will apply.
(3) The non-payment of an increment will not change the normal anniversary
date of any further increment payments.
19. - HIGHER DUTIES ALLOWANCE
(1) An officer who is directed by the employer to act in an office which is
classified higher than the officer's own substantive office and who
performs the full duties and accepts the full responsibility of the higher
office for a continuous period of five (5) consecutive working days or
more, shall, subject to the provisions of this clause, be paid an
allowance equal to the difference between the officer's own salary and the
salary the officer would receive if the officer was permanently appointed
to the office in which the officer is so directed to act.
Provided that where the hours of duty of an officer performing shift
work are greater than 7 hours per day as provided for in paragraph
(3)(a) of Clause 21. - Shift Work Allowance of this Award the
allowance shall be payable after the completion of 37 consecutive
working hours in the higher classified position. This period shall not
include any time worked as overtime.
(2) Where the full duties of a higher office are temporarily performed by
two (2) or more officers they shall each be paid an allowance as
determined by the employer.
(3) An officer who is directed to act in a higher classified office but who
is not required to carry out the full duties of the position and/or accept
the full responsibilities, shall be paid such proportion of the allowance
provided for in subclause (1) of this clause as the duties and
responsibilities performed bear to the full duties and responsibilities of
the higher office. Provided that the officer shall be informed, prior to
the commencement of acting in the higher classified office, of the duties
to be carried out, the responsibilities to be accepted and the allowance
to be paid.
The allowance paid may be adjusted during the period of higher duties.
(4) Where an officer who has qualified for payment of higher duties
allowance under this clause is required to act in another office or other
offices classified higher than the officer's own for periods less than
five consecutive working days without any break in acting service, such
officer shall be paid a higher duties allowance for such periods: provided
that payment shall be made at the highest rate the officer has been paid
during the term of continuous acting or at the rate applicable to the
office in which the officer is currently acting - whichever is the lesser.
(5) Where an officer is directed to act in an office which has an
incremental range of salaries such an officer shall be entitled to receive
an increase in the higher duties allowance equivalent to the annual
increment the officer would have received had the officer been permanently
appointed to such office; provided that acting service with allowances for
acting in offices for the same classification or higher than the office
during the eighteen (18) months preceding the commencement of such acting
shall aggregate as qualifying service towards such an increase in the
allowance.
(6) Where an officer who is in receipt of an allowance granted under this
clause and has been so for a continuous period of twelve (12) months or
more, proceeds on -
(a) a period of normal annual leave; or
(b) a period of any other approved leave of absence of not more than
four (4) weeks,
the officer shall continue to receive the allowance for the period
of leave: provided that this subclause shall also apply to an
officer who has been in receipt of an allowance for less than
twelve (12) months if during the officer's absence no other
officer acts in the office in which the officer was acting
immediately prior to proceeding on leave and the officer resumes
in the office immediately on return from leave.
(7) For the purpose of this subclause the expression normal annual leave
shall mean the annual period of recreation leave as referred to in Clause
23. - Annual Leave of this Award and shall include any public holidays and
leave in lieu accrued during the preceding twelve (12) months taken in
conjunction with such annual leave.
(8) Where officers in receipt of an allowance granted under this clause and
proceeds on:
(a) a period of annual leave in excess of the normal, such officers
shall only receive payment of such allowance for the period of normal
annual leave; and
(b) a period of any other approved leave of absence of more than four
(4) weeks, such officers shall not be entitled to receive payment of
such allowance for the whole or any part of the period of such leave.
20. - HOURS
(1) Prescribed Hours of Duty
Prescribed hours of duty to be observed by officers shall be seven
hours thirty minutes per day to be worked between 7.00 am and 6.00 pm
Monday to Friday as determined by the employer with a lunch interval
of forty-five minutes to be taken between 12.00 noon and 2.00 pm.
Subject to the lunch interval prescribed hours are to be worked as one
continuous period.
Employers wishing to vary the prescribed hours of duty to be observed
shall be required to give one month's notice in writing to the
department, branch, section or officers to be affected by the change.
(2) Other Working Arrangements
(a) The employer may vary the prescribed hours of duty observed in the
department or any branch or section thereof so as to make provisions
for:
(i) the attendance of officers for duty on a Saturday, Sunday,
Public Holiday.
(ii) the performance of shift work including work on Saturdays,
Sundays, Public Holidays; and
(iii) the nature of the duties of an officer or class of officers
in fulfilling the responsibilities of their office.
provided that where the hours of duty are so varied an officer
shall not be required to work more than five hours
continuously without a break.
(b) Notwithstanding the above, where it is considered necessary to
provide more economic operations, the employer may authorise the
operation of alternative working arrangements in the department, or
any branch of section thereof.
The continuing operation of any alternative working arrangements,
so approved, will depend on the employer being satisfied that the
efficient functioning of the department is being enhanced by its
operation.
Such alternative working arrangements shall be either:
(i) the operation of flexitime as specified in subclause (3) of
this clause, or
(ii) the operation of a nine-day fortnight as specified in
subclause (4) of this clause.
(iii) The operation of permanent part-time employment as specified
in Clause 9. - Part Time Employment of this Award, or
(iv) such other arrangement as is approved by the employer.
(3) Flexitime Arrangements
(a) Flexitime Roster
(i) The authorisation of a flexitime roster shall be the
responsibility of the employer. The roster will indicate the
minimum staffing and any other requirements in respect to starting
and finishing times, lunch break coverage and flexi leave.
(ii) The roster shall cover a settlement period of four weeks and
shall be made available to all affected officers no later than
three days prior to the settlement period commencing.
(iii) The roster shall be prepared in consultation with the
affected officers, subject to the employer retaining the right to
determine arrangements to suit the operational needs of the
department.
(b) Hours of Duty
(i) The prescribed hours of duty may be an average of 7 hours 30
minutes per day which may be worked with flexible commencement and
finishing times in accordance with the provisions of this
subclause, provided that the required hours of duty for each four
week settlement period shall be 150 a multiple of 37.5 hours as
set out in the flexitime agreement.
(ii) For the purpose of leave, Public Holidays, a day shall be
credited as 7 hours 30 minutes.
(c) Flexitime Periods
Within the constraints of the prepared roster and subject to the
concurrence of the supervisor, officers may select their own
starting and finishing times within the following periods:
7.30 am to 9.30 am
12.00 noon to 2.00 pm (Minimum half an hour break)
3.30 pm to 6.00 pm
(d) Core Periods
Officers must work in the following core periods unless unavoidably
absent due to illness or approved leave.
9.30 am to 12.00 noon
2.00 pm to 3.30 pm
(e) Lunch Break
(i) An officer shall be allowed to extend the meal break between 12
noon and 2.00 pm of not less than 30 minutes but not exceeding 45
minutes except as provided below.
(ii) An officer may be allowed to extend the meal break beyond 45
minutes to a maximum of 90 minutes. Such an extension is subject
to prior approval of the officer's supervisor.
(f) Flexi leave
(i) Within the constraints of the prepared roster and subject to
the prior approval of the supervisor, an officer may be allowed a
maximum of two full days or any combination of half days and full
days that does not in total exceed two days in any one settlement
period.
(ii) Approval to take flexi leave is subject to the officer having
accrued sufficient credit hours to cover the absence prior to
taking the leave. In exceptional circumstances and with the
approval of the employer, flexi leave may be taken before accrual
subject to such conditions as the employer may impose.
(g) Settlement Period
(i) shall consist of four weeks.
(ii) The settlement period shall commence at the beginning of a pay
period.
(iii) The required hours of duty for a settlement period shall be
150 hours.
(h) Credit Hours
(i) Credit hours in excess of the required 150 hours to a maximum
of 7 hours 30 minutes are permitted at the end of each settlement
period. Such credit hours shall be carried forward to the next
settlement period.
(ii) Credit hours in excess of 7 hours 30 minutes at the end of a
settlement period shall be lost.
(iii) Credit hours at any point within the settlement period shall
not exceed 20 hours.
(i) Debit Hours
(i) Debit hours below the required 150 hours to a maximum of 4
hours are permitted at the end of each settlement period.
Such debit hours shall be carried forward to the next
settlement period.
(ii) For debit hours in excess of 4 hours, officer shall be
required to take leave without pay for the period necessary to
reduce debit hours to those specified in subparagraph (i)(i) of
this subclause.
(iii) Officers having excessive debit hours may be placed on
standard working hours in addition to being required to take leave
without pay.
(j) Maximum Daily Working Hours
A maximum of 10 hours may be worked in any one day, assuming a 7.30
am start, 6.00 pm finish and 30 minutes for lunch.
(k) Study Leave
Where the employer pursuant to the provisions of Clause 30. - Study
Leave of this Award has approved study leave, credits will be
given for education commitments falling within the prescribed
hours of duty and for which time off is necessary to allow for
attendance at formal classes.
(l) Overtime
(i) Officers receiving at least one day's prior notice of overtime
shall be required to work the prescribed hours of duty determined
by the employer under subclause (1) - Prescribed Hours of Duty of
this clause.
(ii) Where an officer is required to work overtime at the
conclusion of a day with less than one day's notice, and
(aa) where the officer has at the commencement of that day 2
hours or more flexitime credits, the officer shall be paid
overtime after 5 hours work on that day, or for time worked
after 3.30 pm, whichever is the later, or
(bb) where that officer has commenced duty prior to 8.30 am and
has, at the commencement of that day, less than 2 hours
flexitime credits, the officer shall be paid overtime, for
time worked after the completion of prescribed hours of duty
or after working 7 hours on that day, whichever is the
earlier, or
(cc) where that officer has commenced work after 8.30 am and
has, at the commencement of that day, less than 2 hours
flexitime credits, the officer shall be paid overtime for time
worked after 5.30 pm or after working 7 hours, on that day
whichever is the earlier.
(iii) Where an officer is required to work overtime at the
beginning of a day with less than one day's notice, that officer
shall be paid overtime for any time worked prior to the commencing
time for prescribed hours of duty determined by the employer under
subclause (1) - Prescribed Hours of duty of this clause.
(4) Nine Day Fortnight
(a) Hours of Duty
(i) The employer may authorise the operation of a nine day
fortnight where the prescribed hours of duty of 75 hours a
fortnight are worked over nine days of the fortnight, exclusive of
work performed on Saturday, Sunday and the special rostered day
off, with each day consisting of 8 hours and 20 minutes.
(ii) The employer shall determine officers' commencing and
finishing times between the spread of 7.00 am and 6.00 pm, in
order to ensure that departmental requirements are met on each day.
(b) Lunch Break
(i) Officers shall be allowed forty-five minutes for a meal break
between 12 noon and 2.00 pm to meet departmental requirements.
(ii) Such meal breaks shall be arranged so that adequate staff are
on duty between 12 noon and 2.00 pm to meet departmental
requirements.
(c) Special Rostered Day Off
Each officer shall be allowed one special rostered day off each
fortnight in accordance with a roster prepared by management
showing days and hours of duty and special rostered days off for
each officer.
(d) Leave and Public Holidays.
For the purposes of leave and Public Holidays, a day shall be
credited as 8 hours 20 minutes notwithstanding the following:
(i) When a Public Holiday falls on an officer's special rostered
day off the officer shall be granted a day in lieu of the holiday
prior to the conclusion of the current fortnight.
(ii) For a Public Holiday occurring during a period of annual
leave, an additional day will be added to the period of leave
irrespective of whether it falls on a rostered work day or special
rostered day off.
(iii) A four-week annual leave entitlement is equivalent to 150
hours, the equivalent to eighteen rostered working days of 8 hours
20 minutes, and two special rostered days off.
(iv) An officer who is sick on a special rostered day off will not
be granted sick leave for that day, and will not be credited with
an additional day off in lieu.
(e) Overtime
The provisions of Clause 22. - Overtime Allowance of this Award
shall apply for work performed prior to an officer's nominated
starting time and after an officer's nominated ceasing time in
accordance with subparagraph (a)(ii) and on an officer's special
rostered day off.
(f) Study Leave
Credits for study leave will be given for educational commitments
falling due between an officer's nominated starting and finishing
times.
21. - SHIFT WORK ALLOWANCE
This allowance is derived from the percentage increase in the level 1.7
weekly rate, the formula being:
+--------------------+--+----+--+---+--+-----+
|L1.7 annual salary. |x | 12 |x | 1 |x |12.5 |
+--------------------+--+----+--+---+--+-----+
|1 | |313 | |10 | | 100 |
+--------------------+--+----+--+---+--+-----+
(1) In this Clause the following expressions shall have the following
meaning:
Day shift means a shift commencing after 6.00am and before 12.00 noon.
Afternoon shift means a shift commencing at or after 12.00 noon and
before 6.00pm.
Night shift means a shift commencing at or after 6.00pm and before
6.01am.
Public holiday shall mean a holiday provided in Clause 24. - Public
Holidays of this Award.
(2) (a) An officer required to work an afternoon or a night shift of seven
and one half (7) hours shall, in addition to the ordinary rate of salary,
be paid an allowance in accordance with Schedule J - Shift Work Allowance
of this Award.
(b) Work performed during ordinary rostered hours on Saturdays or
Sundays shall be paid for at the rate of time and one-half and on
public holidays at double time and one-half. These rates shall be paid
in lieu of the allowance prescribed in paragraph (2)(a) of this clause.
Provided that in lieu of the foregoing provisions of this subclause
and subject to agreement between the employer and the officer,
work performed during ordinary rostered hours on a public holiday
shall be paid for at the rate of time and one-half and the officer
may, in addition, be allowed a day's leave with pay to be added to
annual leave or to be taken at some other time within a period of
one year.
(c) An officer rostered off duty on a public holiday shall be paid at
ordinary rates for such day or, subject to agreement between the
employer and the officer, be allowed a day's leave with pay in lieu of
the holiday to be added to the officer's next annual leave entitlement
or taken at a mutually convenient time within a period of one year.
(d) An officer engaged on shift work who is rostered to work regularly
on Sundays and/or public holidays shall be entitled to one week's
leave in addition to the officer's normal entitlement to annual leave
of absence for recreation.
(e) Additional leave provided by paragraphs (b) and (c) of this
subclause shall not be subject to the annual leave loading prescribed
by subclause (11) of Clause 23. - Annual Leave of this Award.
(f) Work performed by an officer in excess of the ordinary hours of the
officer's shift or on a rostered day off shall be paid for in
accordance with the overtime provisions of Clause 22. - Overtime
Allowance of this Award.
(g) (i) When an officer begins or ceases a shift between the hours of
11.00 pm and 7.00 am and no public transport is available,
reimbursement at the appropriate rate of hire prescribed by subclause
(4) of Clause 47. - Motor Vehicle Allowance of this Award shall be
made if the officer's private motor vehicle or cycle is used for the
journey between the officer's residence and headquarters and the
return journey.
Provided however, that any officer who, on or after October 30,
1987, elects to be permanently retained on a fixed or non
rotating shift that begins or ceases between or on the hours
of 11.00 pm and 7.00 am shall not be eligible to claim this
reinbursement.
(ii) The provisions of this subclause shall only be applied to
officers living and working within a radius of 50km of the Perth
City Railway Station.
(3) Hours of Duty and Rosters
(a) An officer engaged on shifts shall work a 75-hour fortnight,
exclusive of meal intervals, on the basis of not more than ten (10)
shifts per fortnight of not more than seven and one half hours
duration. Provided that where agreement is reached between the
employer and the Association the length and/or number of shifts worked
per fortnight may be altered.
Provided that when the agreed length of a shift is extended past
seven and one half hours, overtime shall be payable only for time
worked in excess of the rostered shift.
Provided also that whenever an agreed alteration to the number of
hours per shift has occurred then the allowance per shift shall be
varied on a pro rata basis to reflect any variation to other than
seven and one half (7) hours.
(b) Meal breaks shall be for a period of at least thirty (30) minutes,
but not greater than one hour for each meal.
(c) Officers may be rostered to work on any of the seven days of the
week provided that no officer shall be rostered for more than six (6)
consecutive days.
Provided that where agreement is reached between the employer and
the Association, shift workers may be exempted from this provision.
(d) The roster period shall commence at the beginning of a pay period
and continue for fourteen (14) consecutive days. Rosters shall be
available to officers at least five (5) clear working days prior to
the commencement of the roster.
(e) A roster may only be altered on account of a contingency, which the
employer could not have been reasonably expected to foresee. When a
roster is altered, the officer concerned shall be notified of the
changed shift 24 hours before the changed shift commences. Provided
that where such notice is not given, the officer shall be paid
overtime in accordance with Clause 22. - Overtime Allowance of this
Award, for the duration of the changed shift. This provision shall not
apply to an officer who was absent from duty on the officer's last
rostered shift.
(f) An officer shall not be rostered for duty until at least ten (10)
hours have elapsed from the time the officer's previous rostered shift
ended. Provided that where agreement is reached between the
Association and the employer the ten (10) hour break may be reduced to
accommodate special shift arrangements, except that under no
circumstances shall such an agreement provide for a break of less than
8 hours.
(g) An officer shall not be retained permanently on one shift unless
the officer so elects in writing.
(h) Officers shall be allowed to exchange shifts or days off with other
officers provided the approval of the employer has been obtained and
provided further that any excess hours worked shall not involve the
payment of overtime.
(i) No officer shall be on out of hours contact after the last
working day preceding a period of annual leave or long service
leave.
22. - OVERTIME ALLOWANCE
(1) For the purposes of this Clause, the following terms shall have the
following meanings:
(a) Overtime means all work performed only at the direction of the
employer or a duly authorised officer outside the prescribed hours of
duty.
(b) Emergency Duty means: duty by an officer required to return to
duty, without prior notice, to meet an emergency at a time that the
officer would not ordinarily have been on duty.
(c) Prescribed hours of duty, means an officer's normal working hours
as prescribed by the employer in accordance with Clause 20. - Hours,
of this Award.
(d) Duly authorised officer means an officer or officers appointed in
writing by the employer for the purpose of authorising overtime.
(e) A day shall mean from midnight to midnight.
(f) Public Holiday means the days prescribed as Public Holidays in
Clause 24. - Public Holidays of this Award.
(g) Ordinary travelling time means time that an officer would have
ordinarily spent in travelling once daily from the officer's home to
the officer's usual headquarters and home again.
(h) Excess travelling time means all time travelled on official
business outside prescribed hours of duty and away from the officer's
usual headquarters in accordance with subclause (8) of this Clause.
(i) Fortnightly salary means an officer's substantive salary
exclusive of any allowances such as the district allowance,
personal allowance, qualifications allowance, service allowance,
special allowance, or higher duties allowance unless otherwise
approved by the employer. Provided that a special allowance or
higher duties allowance shall be included in fortnightly salary
when overtime is worked on duties for which these allowances are
specifically paid.
(j) Commuted overtime means an agreed allowance negotiated between the
Association and the employer, paid in lieu of actual overtime worked
for a group of officers occupying positions which require work to be
performed consistently and regularly outside and in excess of the
prescribed hours of duty.
(k) Out of hours contact shall include the following:
STANDBY - shall mean a written instruction or other authorised
direction by the employer or a duly authorised officer to an
officer to remain at the officer's place of employment during any
period outside the officer's normal hours of duty, and to perform
certain designated tasks periodically or on an impromptu basis.
Such officer shall be provided with appropriate facilities for
sleeping if attendance is overnight, and other personal needs,
where practicable.
Other than in extraordinary circumstances, officers shall not be
required to perform more than two periods of standby in any
rostered week.
This provision shall not replace normal overtime or shift work
requirements.
ON CALL - shall mean a written instruction or other authorised
direction by the employer or a duly authorised officer to an
officer rostered to remain at the officer's residence or to
otherwise be immediately contactable by telephone or other means
outside the officer's normal hours of duty in case of a call out
requiring an immediate return to duty.
AVAILABILITY - shall mean a written instruction or other authorised
direction by the employer or a duly authorised officer to an
officer to remain contactable, but not necessarily immediately
contactable by telephone or other means, outside the officer's
normal hours of duty and be available and in a fit state at all
such times for recall to duty.
Availability will not include situations in which officers carry
telephones or other means or make their telephone numbers or other
contact details available only in the event that they may be
needed for casual contact or recall to work. Subject to subclause
(4) of this Clause recall to work under such circumstances would
constitute emergency duty in accordance with subclause (7) of this
Clause.
(2) Reasonable Hours of Overtime
(a) An employer may require an officer to work reasonable overtime at
overtime rates as specified in this clause.
(b) An officer may refuse to work overtime in circumstances where the
working of such overtime would result in the officer working hours
which are unreasonable having regard to:
(i) any risk to officer health and safety;
(ii) the officer's personal circumstances including any family
responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer of the overtime and
by the officer of his or her intention to refuse it; and
(v) any other relevant matter.
(3) Overtime
(a) An officer who works overtime for a greater period than 30 minutes,
shall be entitled to payment in accordance with paragraph (d) of this
subclause, or time off in lieu of payment in accordance with paragraph
(b) of this subclause, or any combination of payment or time off in
lieu.
(b) Time off in lieu
(i) Where the officer or the employer or the duly authorised
officer, so elects in writing prior to overtime being worked, time
off in lieu of payment for overtime worked may be taken in
accordance with the time ratios in paragraph (d) of this subclause.
(ii) The officer shall be required to clear accumulated time off in
lieu within two months of the overtime being performed, provided
that by written agreement between the officer and the employer, or
duly authorised officer, time off in lieu of payment for overtime
may be accumulated beyond two months from the time the overtime is
performed so as to be taken in conjunction with periods of
approved leave.
(iii) If the department is unable to release the officer to clear
such leave within two months of the overtime being performed, and
no further agreement prescribed in subparagraph (ii) of this
paragraph is reached, then the officer shall be paid for the
overtime worked.
(c) Commuted Allowance
Any commuted allowance and/or time off in lieu of overtime, other
than that provided in paragraph (b) of this subclause, shall be
negotiated between the Association and the employer.
(d) Payment for Overtime
(i) Weekdays
For the first three hours worked outside the prescribed hours
of duty on any one weekday at the rate of time and one half:
+-----+-------------+--+----------+
|i.e. | Fortnightly |x | 3 |
| | Salary | | |
+-----+-------------+--+----------+
| | 75 | | 2 |
+-----+-------------+--+----------+
After the first three hours on any one week day at the rate of
double time:
+-----+-------------+--+----------+
|i.e. | Fortnightly |x | 2 |
| | Salary | | |
+-----+-------------+--+----------+
| | 75 | | 1 |
+-----+-------------+--+----------+
(ii) Saturdays
For the first three hours on any Saturday, before 12.00 noon,
at the rate of time and one half:
+-----+-------------+--+----------+
|i.e. | Fortnightly |x | 3 |
| | Salary | | |
+-----+-------------+--+----------+
| | 75 | | 2 |
+-----+-------------+--+----------+
After the first three hours or after 12.00 noon, whichever is
the earlier, on any Saturday at the rate of double time:
+-----+-------------+--+----------+
|i.e. | Fortnightly |x | 2 |
| | Salary | | |
+-----+-------------+--+----------+
| | 75 | | 1 |
+-----+-------------+--+----------+
(iii) Sundays
For all hours on any Sunday, at the rate of double time:
+-----+-------------+--+----------+
|i.e. | Fortnightly |x | 2 |
| | Salary | | |
+-----+-------------+--+----------+
| | 75 | | 1 |
+-----+-------------+--+----------+
(iv) Public Holidays
For hours worked during prescribed hours of duty on any Public
Holiday at the rate of time and one half (in addition to the
normal pay for that day):
+-----+-------------+--+----------+
|i.e. | Fortnightly |x | 3 |
| | Salary | | |
+-----+-------------+--+----------+
| | 75 | | 2 |
+-----+-------------+--+----------+
For hours worked outside of the prescribed hours of duty on any
Public Holiday at the rate of double time and a half:
+-----+-------------+--+--+
|i.e. | Fortnightly |x |5 |
| | Salary | | |
+-----+-------------+--+--+
| | 75 | |2 |
+-----+-------------+--+--+
(e) Annual Leave/Long Service Leave
An officer directed to return to duty during periods of annual or
long service leave shall be deemed to be no longer on leave for
the duration of that period of duty.
(i) If the officer is directed to return to duty during a period of
leave during prescribed hours of duty, then that officer shall be
recredited with that leave for the same number of hours of duty
performed.
(ii) If the officer is directed to return to duty during a period
of leave outside of prescribed hours of duty, then that officer
shall be entitled to payment of overtime in accordance with
subclause (3) of this clause.
(f) Time Worked Past Midnight
Where an officer is required to work a continuous period of
overtime which extends past midnight into the succeeding day the
time worked after midnight shall be included with that worked
before midnight for the purpose of calculation of payment provided
for in this subclause.
(g) Minimum Periods for Return to Duty
(i) An officer, having received prior notice, who is required to
return to duty:
(aa) on a Saturday, Sunday or Public Holiday, otherwise than
during prescribed hours of duty, shall be entitled to payment
at the rate in accordance with paragraph (d) of this subclause
for a minimum of three hours;
(bb) before or after the prescribed hours of duty on a weekday
shall be entitled to payment at the rate in accordance with
paragraph (d) of this subclause for a minimum period of one
and one half hours;
(ii) For the purpose of this subclause, where an officer is
required to return to duty more than once, each duty period shall
stand alone in respect to the application of minimum period
payment except where the second or subsequent return to duty is
within any such minimum period.
(iii) The provisions of this subparagraph shall not apply in cases
where it is customary for an officer to return to the place of
employment to perform a specific job outside the prescribed hours
of duty, or where the overtime is continuous (subject to a meal
break) with the completion or commencement of prescribed hours of
duty.
(h) Overtime at a Place Other than Usual Headquarters
(i) When an officer is directed to work overtime at a place other
than usual headquarters, and provided that the place where the
overtime is to be worked is situated in the area within a radius
of fifty (50) kilometres from usual headquarters, and the time
spent in travelling to and from that place is in excess of the
time which an officer would ordinarily spend in travelling to and
from usual headquarters, and provided such travel is undertaken on
the same day as the overtime is worked, then such excess time
shall be deemed to form part of the overtime worked.
(ii) Except as provided in paragraph (e) of subclause (6) and
paragraph (b) of subclause (7) of this clause, when an officer is
directed to work overtime at a place other than usual
headquarters, and provided that the place where the overtime is to
be worked is situated outside the area within a radius of fifty
(50) kilometres from usual headquarters and the time spent in
travelling to and from that place is in excess of the time which
the officer would ordinarily spend in travelling to and from usual
headquarters, then the officer shall be granted time off in lieu
of such excess time spent in actual travel in accordance with
subclause (8) Excess Travelling Time of this clause.
(i) Ten Hour Break
(i) When overtime is worked, a break of not less than ten (10)
hours shall be taken between the completion of work on one day and
the commencement of work on the next, without loss of salary for
ordinary working time occurring during such absence.
(ii) Provided that where an officer is directed to return to or
continue work without the break provided in subparagraph (i) of
this paragraph then the officer shall be paid at double the
ordinary rate until released from duty, or until the officer has
had ten consecutive hours off duty without loss of salary for
ordinary working time occurring during such absence.
(iii) The provisions of subparagraphs (i) and (ii) of this
paragraph, shall not apply to officers included in subclause (6)
of this clause.
(4) Cases where overtime provisions do not apply
(a) Except as provided in paragraph (b) of this subclause, payment for
overtime, or the granting of time off in lieu of overtime, or
travelling time, shall not be approved in the following cases:
(i) Officers whose maximum salary or maximum salary and allowance
in the nature of salary exceeds that as determined for Level 5 as
prescribed by Clauses 11. - Salaries and 12. - Salaries Specified
Callings of this Award.
(ii) Officers whose work is not subject to close supervision.
(b) (i) Where it appears just and reasonable, the employer may approve
the payment of overtime or grant time off in lieu to any officer
referred to in paragraph (a) of this subclause.
(ii) When an officer who is not subject to close supervision is
directed by the employer to carry out specific duties involving
the working of overtime, and provided such overtime can be
reasonably determined by the officer's supervisor, then such
officer shall be entitled to payment or time off in lieu of
overtime worked in accordance with paragraphs (3)(d) or (3)(b) of
this clause.
(5) Meal Allowances
(a) A break of 30 minutes shall be made for meals between 5.30 am and
7.30 am, between 12.00 noon and 2.00pm, and between 4.30 pm and 6.30
pm when overtime duty is being performed.
(b) Except in the case of emergency, an officer shall not be compelled
to work more than five hours overtime duty without a meal break. At
the conclusion of a meal break, the calculation of the five-hour limit
recommences.
(c) An officer required to work overtime of not less than two hours,
and who actually purchases a meal shall be reimbursed in accordance
with Part 2 of Schedule H. - Overtime Allowance of this Award, in
addition to any payment for overtime to which that officer is entitled.
(d) An officer working a continuous period of overtime who has already
purchased one meal during a meal break, shall not be entitled to
reimbursement for the purchase of any subsequent meal in accordance
with Part 2 of Schedule H. - Overtime Allowance of this Award until
that officer has worked a further five hours overtime from the time of
the last meal break.
(e) If an officer, having received prior notification of a requirement
to work overtime, is no longer required to work overtime, then the
officer shall be entitled, in addition to any other penalty, to
reimbursement for a meal previously purchased.
(6) Out of Hours Contact
(a) Except as otherwise agreed between the employer and the
Association, an officer who is required by the employer or a duly
authorised officer to be on out of hours contact during periods off
duty shall be paid an allowance in accordance with the following
formulae for each hour or part thereof the officer is on out of hours
contact.
+---------+---------------------------+--+-----+--+-------+
|Standby |Level 2 (minimum) weekly |x |1 |x |37.5 |
| |rate | | | | |
+---------+---------------------------+--+-----+--+-------+
| | | |37.5 | |100 |
+---------+---------------------------+--+-----+--+-------+
|On Call |Level 2 (minimum) weekly |x |1 |x |18.75 |
| |rate | | | | |
+---------+---------------------------+--+-----+--+-------+
| | | |37.5 | |100 |
+---------+---------------------------+--+-----+--+-------+
+-------------+---------------------------+--+-----+--+------+--+-----+
|Availability |Level 2 (minimum) weekly |x |1 |x |18.75 |x
|50 |
| |rate | | | | | |
|
+-------------+---------------------------+--+-----+--+------+--+-----+
| | | |37.5 | |100 |
|100 |
+-------------+---------------------------+--+-----+--+------+--+-----+
Such allowances are contained in Part 1 of Schedule H. - Overtime
Allowance of this Award.
Provided that payment in accordance with this paragraph shall not
be made with respect to any period for which payment is made in
accordance with the provisions of subclause (3) of this clause
when the officer is recalled to work.
(b) When an officer is required to be on call or availability and the
means of contact is to be by land line or satellite telephone fixed at
the officers residence the employer shall:
(i) Where the telephone is not already installed, pay the cost of
such installation.
(ii) Where an officer pays or contributes towards the payment of
the rental of such telephone, pay the officer 1/52nd of the annual
rental paid by the officer for each seven days or part thereof on
which an officer is rostered to be on call or availability.
(iii) Provided that where as a usual feature of the duties an
officer is regularly rostered to be on on call or availability,
pay the full amount of the telephone rental.
When an officer is required to be on call or available and the
means of contact is other than a landline/satellite telephone
fixed at the officer's residence, the employer shall provide
the officer with the means of contact free of charge for the
purposes of work related activity.
(c) An officer shall be reimbursed the cost of all telephone calls made
on behalf of the employer as a result of being on out of hours contact.
(d) Where an officer rostered for on call or availability is recalled
to duty during the period for which the officer is on out of hours
contact then the officer shall receive payment for hours worked in
accordance with subclause (3) of this clause.
(e) Where an officer rostered for on call or availability is recalled
to duty, the time spent travelling to and from the place at which duty
is to be performed, shall be included with actual duty for the
purposes of overtime payment.
(f) Minimum payment provisions do not apply to an officer rostered for
out of hours contact duty.
(g) An officer in receipt of an out of hours contact allowance and who
is recalled to duty shall not be regarded as having performed
emergency duty in accordance with subclause (7) of this clause.
(h) Officers subject to this clause shall, where practicable, be
periodically relieved from any requirement to hold himself or herself
on standby, on call or availability.
(i) No officer shall be on out of hours contact after the last
working day preceding a period of annual leave or long service
leave.
(7) Emergency Duty
(a) Where an officer is required to return to duty to meet an emergency
at a time when he or she would not ordinarily have been on duty, and
no notice of such call was given prior to completion of usual duty on
the last day of work prior to the day on which called on duty, then if
called to duty:
(i) on a Saturday, Sunday or Public Holiday, otherwise than during
prescribed hours of duty he/she shall be entitled to payment at
the rate in accordance with subclause (3) of this clause for a
minimum period of three hours;
(ii) before or after the prescribed hours of duty on a weekday
he/she shall be entitled to payment at the rate in accordance with
subclause (3) of this clause for a minimum period of two and a
half hours.
(b) Time spent in travelling to and from the place of duty where the
officer is actually recalled to perform emergency duty shall be
included with actual duty performed for the purpose of overtime
payment.
(c) An officer recalled for emergency duty shall not be obliged to work
for the minimum period if the work is completed in less time, provided
that an officer called out more than once within any such minimum
period shall not be entitled to any further payment for the time
worked within that minimum period.
(d) Where an officer is required to work beyond the minimum period on
the first or subsequent recall for emergency duty, the additional time
worked at the conclusion of that minimum period shall be paid in
accordance with the appropriate rate in subclause (3) of this clause.
(e) Where an officer is recalled for a second or subsequent period of
emergency duty outside of the initial minimum period, the officer
shall be entitled to payment for a new minimum period, and the
provisions of this subclause shall be re-applied.
(f) For the purpose of this subclause, no claim for payment shall be
allowed in respect of any emergency duty, including travelling time,
which amounts to less than 30 minutes.
(8) Excess Travelling Time
An officer eligible for payment of overtime, who is required to travel
on official business outside normal working hours and away from usual
headquarters shall be granted time off in lieu of such actual time
spent in travelling at equivalent or ordinary rates on weekdays and at
time and one half rates on Saturdays, Sundays and Public Holidays,
otherwise than during prescribed hours of duty, provided that:
(a) such travel is undertaken at the direction of the employer;
(b) such travel shall not include:
(i) time spent in travelling by an officer on duty at a temporary
headquarters to the officer's home for weekends for the officer's
own convenience;
(ii) time spent in travelling by plane between the hours of 11.00
pm and 6.00 am;
(iii) time spent in travelling by train between the hours of 11.00
pm and 6.00 am;
(iv) time spent in travelling by ship when meals and accommodation
are provided;
(v) time spent in travel resulting from the permanent transfer or
promotion of an officer to a new location;
(vi) time of travelling in which an officer is required by the
department to drive, outside ordinary hours of duty, a
departmental vehicle or to drive the officer's own motor vehicle
involving the payment of mileage allowance, but such time shall be
deemed to be overtime and paid in accordance with subclause (3) of
this clause. Passengers, however, are entitled to the provisions
of this subclause (8) of this clause;
(vii) time spent in travelling to and from the place at which
overtime or emergency duty is performed, when that travelling time
is already included with actual duty time for the payment of
overtime.
(c) Time off in lieu will not be granted for periods of less than 30
minutes.
(d) Where such travel is undertaken on a normal working day, time off
in lieu is granted only for such time spent in travelling before
and/or after the usual hours of duty, which is in excess of the
officer's ordinary travelling time.
(e) Where the urgent need to travel compels an officer to travel during
the officer's usual lunch interval such additional travelling time is
not to be taken into account in computing the number of hours of
travelling time due.
(f) In the case of an officer absent from usual headquarters, not
involving an overnight stay, the time spent by the officer, outside
the prescribed hours of duty, in waiting between the time of arrival
at place of duty and the time of commencing duty, and between the time
of ceasing duty and the time of departure by the first available
transport shall be deemed to be excess travelling time.
(g) In the case of an officer absent from usual headquarters that does
involve an overnight stay, the time spent by the officer, outside the
prescribed hours of duty, in waiting between the time of ceasing duty
on the last day and the time of departure by the first available
transport shall be deemed to be excess travelling time.
(9) Special Conditions
Any group of officers whose duties necessarily entail special
conditions of employment shall not be subject to the prescribed hours
of duty as defined in Clause 20. - Hours of this Award if the employer
so determines. Provided, however, that such a determination shall not
abrogate the right of the Association to make a claim or claims on
behalf of such a group.
23. - ANNUAL LEAVE
(1) Definitions:
(a) Accrued leave - is the leave an officer is entitled to from a
previous calendar year.
(b) Pro-rata leave - is the proportion of leave that an officer is
entitled to in the current year, either from the date of commencement,
or to the date of cessation.
(2) Entitlement
(a) Each officer is entitled to four weeks paid leave for each year of
service. Annual leave shall be calculated on a calendar year basis
commencing on January 1 in each year.
(b) To assist employees in balancing their work and family
responsibilities, an employee may elect, with the consent of the
employer, to accrue and carry forward a maximum of two years annual
leave from the date of the entitlement.
(c) An officer employed on a fixed term contract for a period greater
than 12 months, shall be credited with the same entitlement as a
permanent officer. An officer employed on a fixed term contract or on
a part time basis for a period less than 12 months, shall be credited
with the same entitlement on a pro-rata basis for the period of the
contract.
(d) On written application, an officer shall be paid salary in advance
when proceeding on annual leave.
(e) The provisions of this clause do not apply to Casual Officers.
(3) Pro rata Annual Leave
(a) Entitlement
(i) An officer who enters the Public Service after January 1 is
entitled to pro rata annual leave for that year, calculated in
accordance with the following formula:
+---------------------------+----------------------------+
| Completed Calendar Months | Pro Rata Annual Leave |
| of Service | (Working Days) |
+---------------------------+----------------------------+
| 1 | 2 |
+---------------------------+----------------------------+
| 2 | 3 |
+---------------------------+----------------------------+
| 3 | 5 |
+---------------------------+----------------------------+
| 4 | 7 |
+---------------------------+----------------------------+
| 5 | 8 |
+---------------------------+----------------------------+
| 6 | 10 |
+---------------------------+----------------------------+
| 7 | 12 |
+---------------------------+----------------------------+
| 8 | 13 |
+---------------------------+----------------------------+
| 9 | 15 |
+---------------------------+----------------------------+
| 10 | 17 |
+---------------------------+----------------------------+
| 11 | 18 |
+---------------------------+----------------------------+
(ii) Provided that in the first and last months of an officers
service the officer is entitled to pro rata annual leave of one
working day for each two completed weeks of service.
(iii) For the purposes of this paragraph, an officer who commences
on the first working day of a month and works for the remainder of
the month an officer who has worked throughout a month and
terminates on the last working day of a month shall be regarded as
having completed that calendar month of service.
(b) An officer may take annual leave during the calendar year in which
it accrues or anytime thereafter, but the time during which the leave
may be taken is subject to the approval of the employer.
(c) An officer who has been permitted to proceed on annual leave and
who ceases duty before completing the required continuous service to
accrue the leave, must refund the value of the unearned pro rata
portion, calculated at the rate of salary as at the date the leave was
taken, but no refund is required in the event of the death of an
officer.
(4) Part-time entitlement
A part-time officer shall be granted annual leave in accordance with
this clause, however payment to a part-time officer proceeding on
annual leave shall be calculated having regard for any variations to
the officer's ordinary working hours during the accrual period.
(5) Compaction of Annual Leave
An officer who, during an accrual period was subject to variations in
ordinary working hours or whose ordinary working hours during the
accrual period are less than the officer's ordinary working hours at
the time of commencement of annual leave, may elect to take a lesser
period of annual leave calculated by converting the average ordinary
working hours during the accrual period to the equivalent ordinary
hours at the time of commencement of annual leave.
(6) Additional leave for the North West
(a) Officers whose headquarters are located north of 26o South Latitude
shall receive an additional five working days annual leave on the
completion of each year of continuous service in the region.
(b) An officer who proceeds on annual leave before having completed the
necessary year of continuous service may be given approval for the
additional five working days leave provided the leave is taken at
departmental convenience and provided the officer returns to that
region to complete the necessary service.
(c) Where an officer has served continuously for at least a year north
of the 26o South Latitude, and leaves the region because of promotion
or transfer, a pro rata annual leave credit to be cleared at
departmental convenience shall be approved on the following basis:
+---------------------------------+---------------------------------+
| Completed months of continuous |Pro Rata additional annual
leave |
| service in the region after the | (working days)
|
| initial year's service |
|
+---------------------------------+---------------------------------+
| 1 | NIL
|
+---------------------------------+---------------------------------+
| 2 | NIL
|
+---------------------------------+---------------------------------+
| 3 | 1
|
+---------------------------------+---------------------------------+
| 4 | 1
|
+---------------------------------+---------------------------------+
| 5 | 2
|
+---------------------------------+---------------------------------+
| 6 | 2
|
+---------------------------------+---------------------------------+
| 7 | 2
|
+---------------------------------+---------------------------------+
| 8 | 3
|
+---------------------------------+---------------------------------+
| 9 | 3
|
+---------------------------------+---------------------------------+
| 10 | 4
|
+---------------------------------+---------------------------------+
| 11 | 4
|
+---------------------------------+---------------------------------+
(d) Where payment in lieu of pro rata annual leave is made on the
death, resignation or retirement of an officer in the region, in
addition to the payment calculated on a four week basis, payment may
be made for the pro rata entitlement contained in subclause (3) of
this clause.
(7) Other Additional Leave
Every officer other than an officer referred to in subclause (6) of
this clause, to whom the employer has granted annual leave in excess
of four weeks because of special circumstances shall be credited with
such additional leave on a pro rata basis according to the following
table.
+-----------------+-----------------+-----------------+
|Completed months |Pro rata annual leave (working |
| |days) |
+-----------------+-----------------+-----------------+
|of Service |5 additional days|10 additional |
| | |days |
+-----------------+-----------------+-----------------+
| | | |
+-----------------+-----------------+-----------------+
|1 |Nil |Nil |
+-----------------+-----------------+-----------------+
|2 |Nil |1 |
+-----------------+-----------------+-----------------+
|3 |1 |2 |
+-----------------+-----------------+-----------------+
|4 |1 |3 |
+-----------------+-----------------+-----------------+
|5 |2 |4 |
+-----------------+-----------------+-----------------+
|6 |2 |5 |
+-----------------+-----------------+-----------------+
|7 |2 |5 |
+-----------------+-----------------+-----------------+
|8 |3 |6 |
+-----------------+-----------------+-----------------+
|9 |3 |7 |
+-----------------+-----------------+-----------------+
|10 |4 |8 |
+-----------------+-----------------+-----------------+
|11 |4 |9 |
+-----------------+-----------------+-----------------+
(8) Portability
(a) Where an officer was, immediately prior to being employed in the
Public Service, employed in any Western Australian State body or
statutory authority as prescribed in Administrative Instruction 611,
the Employer shall approve portability of accrued and pro rata annual
leave entitlements held at the date the officer ceased that previous
employment, provided that:
(i) the officer's employment w ith the Public Service commenced no
later than one week after ceasing the previous employment; and
(ii) the officer was not paid out all or part of the accrued and
pro rata annual leave entitlements held at the time of ceasing
that previous employment.
(9) Subject to paragraph (2) (b) of this clause, the employer may direct an
officer to take accrued annual leave and may determine the date on which
such leave shall commence. Should the officer not comply with the
direction, disciplinary action may be taken against the officer.
(10) Annual Leave Travel Concessions
(a) Officers stationed in remote areas
(i) The travel concessions contained in the following table are
provided to officers and their dependants when proceeding on
annual leave to either Perth or Geraldton from headquarters
situated in District Allowance Areas 3, 4, 5 and 6.
(ii) Officers are required to serve a year in these areas before
qualifying for travel concessions. However, officers who have less
that a years service in these areas and who are required to
proceed on annual leave to suit departmental convenience will be
allowed the concessions. The concession may also be given to an
officer who proceeds on annual leave before completing the year's
service provided that the officer returns to the area to complete
the year's service at the expiration of the period of leave.
(iii) The mode of travel is to be at the discretion of the employer.
(iv) Travel concessions not utilised within twelve months of
becoming due will lapse.
(v) Part-time officers are entitled to travel concessions on a pro
rata basis according to the usual number of hours worked per week.
Travelling time shall be calculated on a pro rata basis
according to the number of hours worked.
+-----+---------+-+--------------------------+-+--------------+
| |Approved | |Travel Concession | |Travelling |
| |Mode of | | | |Time |
| |Travel | | | | |
+-----+---------+-+--------------------------+-+--------------+
|(aa) |Air | |Air fare for the Officer, | |One day each |
| | | |and dependant partner and | |way |
| | | |dependant children | | |
+-----+---------+-+--------------------------+-+--------------+
|(bb) |Road | |Full motor vehicle | |North of 20 |
| | | |allowance rates, but | |South Latitude|
| | | |reimbursement not to | |- two and one |
| | | |exceed the cost of the | |half days each|
| | | |return air fare for the | |way. Remainder|
| | | |Officer, dependant partner| |- two days |
| | | |and dependant children, | |each way. |
| | | |travelling in the motor | | |
| | | |vehicle. | | |
+---