2006 WAIRC 03495
CORRUPTION AND CRIME COMMISSION AGREEMENT 2005
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES CORRUPTION AND CRIME COMMISSION OF WESTERN AUSTRALIA
APPLICANT
-V-
CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED

RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
COMMISSIONER P E SCOTT
DATE THURSDAY, 19 JANUARY 2006
FILE NO PSAAG 28 OF 2005
CITATION NO. 2006 WAIRC 03495

Result Agreement registered


Order
HAVING heard Mr S Narula on behalf of the Corruption and Crime Commission of WA and Mr M Finnegan on behalf of The Civil Service Association of Western Australia Incorporated, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Corruption and Crime Commission Agreement 2005 in the terms of the following schedule be registered on the 19th day of January 2006.







COMMISSIONER P E SCOTT
PUBLIC SERVICE ARBITRATOR



SCHEDULE


1. - TITLE

This agreement shall be known as the Corruption and Crime Commission Agreement 2005.


2. - ARRANGEMENT

1. Title
2. Arrangement
3. Area of Operation
4. Scope
5. Term of Agreement
6. No Further Claims
7. Definitions
8. Certificate of Service
9. Contract of Service
10. Part-Time and 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. Annual Increments
17. Higher Duties Allowance
18. Hours
19. Shift Work Allowance
20. Overtime
21. Annual Leave
22. Christmas Leave
23. Public Holidays
24. Long Service Leave
25. Personal Leave
26. Parental Leave
27. Leave Without Pay
28. Study Leave
29. Bereavement Leave
30. Cultural/Ceremonial Leave
31. Blood/Plasma Donors Leave
32. Emergency Service Leave
33. Union Facilities For Union Representatives
34. Leave to Attend Association Business
35. Trade Union Training Leave
36. Defence Force Reserves Leave
37. Witness and Jury Service
38. Motor Vehicle Allowance
39. Travelling Allowance
40. Keeping of and Access to Employment Records
41. Notification of Change
42. Right of Entry and Inspection by Authorised Representatives
43. Copies of Agreement
44. Dispute Settlement Procedure
45. Resigned Employees - Retrospectivity
46. Working From Home
47. Workload Management
48. Traineeships
49. Camping Allowance
50. Protective Clothing Allowance
51. Preservation of Rights
52. Procedure for Classifying an Office
53 Establishment of Consultative Mechanisms
54. Contract of Appointment – Employer Responsibility
55. Redeployment & Severance
56. Signature of Parties

SCHEDULE A Parties to Agreement
SCHEDULE B Salaries
SCHEDULE C Salaries - Specified Callings
SCHEDULE D Motor Vehicle Allowance
SCHEDULE E Clause 20. - Overtime
SCHEDULE F Shiftwork Allowance
SCHEDULE G Travelling Allowance
SCHEDULE H Camping Allowance
SCHEDULE I Composite Loadings for Specified Officers’


3. – AREA OF OPERATION

This Agreement shall apply throughout the State of Western Australia.


4. – SCOPE

(1) The parties bound by the Agreement are the Civil Service Association of Western Australia Incorporated and the Commission.

(2) The Agreement shall apply to all officers employed by Commission, who are members of or eligible to be members of the union and employed by the Commission. At the date of registration the approximate number of officers covered by this Agreement is 153.

(3) The Agreement shall not apply to:

Officers whose remuneration payable is determined or recommended pursuant to the Salaries and Allowances Act 1975.

Officers 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.


5. – TERM OF AGREEMENT

(1) This Agreement shall operate from the date of registration and in accordance with S 41 of the Industrial Relations Act 1979 (as amended) shall expire after a period of 2 years.

(2) The parties to the agreement agree to re-open negotiations for a replacement Agreement at least six (6) months prior to the expiry of the Agreement with a view to implementing a replacement Agreement.


6. – NO FURTHER CLAIMS

(1) The parties to this agreement agree that the purpose of this agreement is to achieve and maintain parity of pay and employment conditions with those provided for in the Government Officers Salaries, Allowances and Conditions General Agreement 2004 and the Government Officers Salaries, Allowances and Conditions General Award 1989 and any successor agreements/awards with the exceptions mentioned in Clauses (3) and (4) below.

(2) The parties to this Agreement agree that there will be no further salary or allowance increases, or changes in conditions sought or granted other than those provided under the terms of this agreement, with the following exceptions:

(a) subject to Clause (3) below, the parties agree that amendments made to the Government Officers Salaries, Allowances and Conditions General Agreement 2004 or the Government Officers Salaries, Allowances and Conditions General Award 1989 and their successor agreements/awards shall form part of this agreement; and

(b) the parties will formally incorporate such amendments into successor agreements.

(3) Notwithstanding the agreement to apply the amendments mentioned in Clause (1) the parties agree that no such amendments to conditions that may adversely affect the operation of Schedule I – Composite Loading For Specified Officers – or will form part of, or be applied to, this agreement. The Employer will be required to provide satisfactory evidence that the proposed amendments to conditions will adversely affect the operation of Schedule I prior to initiating this sub-clause. Budgetary implications are not satisfactory evidence for the purposes of this sub-clause. Salary increases as detailed in subclause (2) will be applied to all composite officers affected by Schedule I.

(4) Salary adjustments arising out of State Wage Cases will not be applied to this agreement.


7. – DEFINITIONS

(a) "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.

(b) "employer" means the Commissioner.

(c) “Commission” means the Corruption and Crime Commission.

(d) “Commissioner" means the person holding the Office of Commissioner established under the Corruption and Crime Commission Act 2003 or acting in that office for the reasons mentioned in section 12(1)(a) or (b) of the Corruption and Crime Commission Act 2003.

(e) “Composite salary” means:

(i) the salary shall include a composite loading added to the officers base salary to be paid in lieu of one or more of the allowances under this Agreement for shiftwork, public holidays, weekend penalties, call-out payments, recall payments, on-call, availability payments, and specified periods of overtime, but only as detailed in Schedule I.

(f) "fixed term officer" means an officer who is employed on a full time or part-time basis on a contract of service of specified duration not exceeding five years.

(g) "Government Officer" means a Government officer within the meaning of the Industrial Relations Act 1979.

(h) "headquarters" means the place in which the principal work of an officer is carried out, as defined by the employer.

(i) "metropolitan area" means that area within a radius of 50 kilometres from the Perth city railway station.

(j) "officer" means an employee of Corruption and Crime Commission.

(k) "one working day" shall be equated to seven hours and 30 minutes.

(l) “Composite salaried officers means”:

(i) Operation Support Officers;

(ii) Electronic Collection Unit Officers (Monitors, Team Leader, Monitors);

(iii) Operational Analysts, Lawyers and Investigators;

(iv) Commission Hearing Officers;

(v) Manager Information Technology;

(vi) Manager Security, Systems and Security Administrator; and

(vii) Manager Investigations, Deputy Director, Operations.

(m) "partner" means either spouse or de facto partner.

(n) "part-time employment" means regular and continuing employment of less than 37.5 hours per week.

(o) “Public Servant” means public service officers and executive officers employed in the Public Service under Part 3 of the Public Sector Management Act 1994.

(p) "spouse" means a person who is lawfully married to that person.

(q) "The Association" means the Civil Service Association of Western Australia Incorporated.

(r) “Union” means the Civil Service Association of Western Australia Incorporated


8. – 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.


9. – CONTRACT OF SERVICE

Discipline

(1) The disciplinary procedures contained under Part 5 of the Public Sector Management Act 1994 will apply.

Appointment

(2) Officers shall only be appointed by way of a fixed term contract of employment pursuant to Section 179 of the Corruption and Crime Act 2003 for a term not exceeding five years and be eligible to be reappointed. Officers appointed shall be advised in writing of the terms of the appointment and such advice shall specify the dates of commencement and termination of employment.

(3) If a public service officer is:

(a) appointed to be an officer of the Commission that officer is entitled to retain all their accruing and existing rights, as if service as an officer of the Commission were a continuation of service as a public service or Government officer; and
(b) if an officer ceases to be an officer of the Commission and becomes a public service officer the service as an officer of the Commission is to be regarded as service in the public sector for the purpose of determining that person’s rights as a public service or Government officer.

Probation

(4) The initial three months of Employment will be on the probationary basis (“the Probationary Period”) and during this period the employment may be terminated at any time by either the employee or the Commission on the provision of one week’s notice or in the case of the Commission, by a payment in lieu of notice. Continuation of the employment beyond the Probationary Period is subject to an assessment by the Commission that the employee has performed satisfactorily during the Probationary Period (“the Assessment”).

(5) The Assessment shall take place prior to the expiry of the Probationary Period. The Assessment will have regard to the employee’s performance during the Probationary Period. The employee’s performance will also be assessed against any performance agreement between the Commission and the employee.

Termination of Employment

(7) The Commission may terminate employment by providing one months prior notice in writing to the officer or by paying one months salary in lieu of notice.

(8) An officer shall give the employer one months written notice of intention to resign.

(9) An officer who fails to give the required written notice forfeits the sum of $500, nothwithstanding any other provisions of this clause, an officer and employer may negotiate a lesser period of notice.

Retirement

(10) An officer having attained the age of 55 years shall be entitled to retire from the employ of the employer.


10. – PART-TIME AND CASUAL EMPLOYMENT

Part Time Employment

(1) (a) Each part-time arrangement shall be confirmed by the employer in writing and should include the following specifications:

(i) the agreed period of the arrangement; and

(ii) the hours to be worked daily and weekly by the officer, including starting and finishing times, which shall hereinafter be referred to as "ordinary working hours".

(b) The employer shall give an officer one (1) month's notice of any proposed variation to that officer's ordinary working hours, provided that the employer shall not vary the officer's total weekly hours of duty without the officer's prior written consent. This shall not apply to composite staff.

(c) Notwithstanding paragraph (b) of this subclause whenever agreement in writing is reached for a temporary variation to an officer's ordinary working hours:

(i) Time worked up to 7½ 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) 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 of pay.

(2) The provisions of Clause 20. - Overtime of this Agreement shall apply to all time worked outside the ordinary working hours prescribed by paragraph (a) (ii) of subclause (1) of this clause unless an arrangement pursuant to paragraph (c) of subclause (1) of this clause is in place.

(3) Nothing in this clause prevents the employer and the employee agreeing to other such arrangements as is approved by the employer, in accordance with the flexible working arrangements under Clause 18 of this Agreement.

(4) (a) An officer who is employed on a part-time basis shall be paid a proportion of the appropriate fulltime salary dependent upon time worked. The salary shall be calculated in accordance with the following formula:

Hours Worked per Fortnight
X
Full-time fortnightly Salary
75

1

(b) An officer shall be entitled to annual increments as prescribed in Clause 16. - Annual Increments of this Agreement.

(5) Officers are entitled to the holidays prescribed in Clause 23. - Public Holidays without variation of the officer's fortnightly salary provided the holidays occur on a day which is normally worked.

(6) (a) An officer shall be granted leave in accordance with Clause 21. - Annual Leave of this Agreement. Payment to an officer proceeding on annual leave shall be calculated having regard for any variations to the officer's ordinary working hours during the accrual period. Payment in such instances shall be calculated as follows:

(i) Where accrued annual leave only is being taken, the ordinary hours worked by the officer over the accrual period shall be averaged to achieve the average hours worked per fortnight. This average is then applied to the following formula to achieve an average fortnightly rate of pay:

Average Fortnightly Hours Worked
X
Fortnightly Salary
75

1

(ii) Subject to paragraph (iv) of this subclause, annual leave taken entirely in advance shall be paid according to the salary the officer would have received had the officer not proceeded on leave.

(iii) Subject to paragraph (iv) of this subclause, annual leave which combines both accrued and leave taken in advance, shall be calculated as follows:

• the accrued portion of leave shall be paid at the rate achieved by averaging the hours worked during the accrual period; and

• the portion of leave which is being taken in advance shall be paid according to the salary the officer would have received had the officer not proceeded on leave.

(iv) Payment for annual leave taken in advance pursuant to paragraph (ii) and (iii) of this subclause, shall be subject to financial reconciliation either at the end of the calendar year or when the officer ceases employment to take account of any variations in the hours worked by the officer subsequent to the officer proceeding on annual leave. This may require further payment by the employer to the officer, or repayment by the officer to the employer. In all instances the reconciliation should be based on the appropriate fortnightly salary at the time the leave was taken.

(v) An officer taking annual leave in advance shall be advised of the requirements of this section prior to the officer proceeding on such leave.

(7) Credits provided in Clause 25. - Personal Leave shall accrue to the officer provided that where an officer is employed for less than 75 hours per fortnight, the credits shall be pro rated according to the number of hours worked each fortnight. Payment made for personal leave granted in respect of part-time service shall be calculated in accordance with the formula set out in paragraph (a) of subclause (4) of this clause.

(8) An officer shall proceed on long service leave for 13 weeks after seven year's continuous service. Payment made for long service leave granted to an officer in respect of such part-time service shall be adjusted according to the hours worked by the officer during that part-time service, subject to the following:

(a) If an officer consistently worked on a part-time basis for a regular number of hours during the whole of the officer's qualifying service, the officer shall continue to be paid the salary determined on that basis during the long service leave.

(b) If an officer has worked a varying number of weekly hours during the period of qualifying service, the payment for long service leave granted in respect of part-time service should be calculated on a salary which bears to the full-time salary of the position occupied by the officer when taking leave the same proportion that the hours worked when employed part-time bears to the normal weekly hours of a full-time officer.

(9) Subject to Clauses 35. - Trade Union Training Leave and 36. - Defence Force Reserves Leave, of this Agreement, part-time officers shall receive the same entitlement as full-time officers, but payment shall only be made for those hours that would normally have been worked but for the leave.

(10) Subject to Clause 28. - Study Leave, of this Agreement, part-time officers are entitled to study leave on the same basis as full-time officers.

(11) Right of Reversion of Officers

(a) Where a full-time officer is permitted to work part-time for a specified period no greater than 12 months, that officer has a right, (upon written application) to revert to full-time hours in that position, or a position of equal classification, as soon as is deemed practicable by the employer, but no later than the expiry of the agreed period.

(b) Where a full-time officer who 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 deemed practicable by the employer. This should not prevent the transfer of said officer to another full-time position at a classification commensurable to that of their previous full-time position.

Casual Employment

(12) 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 Agreement 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.

(13) Conditions of Employment

(a) Conditions of employment, leave and allowances provided under the provisions of this Agreement shall not apply to a casual officer with the exception of bereavement 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 to a casual officer.

(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 provision of Clause 20. - Overtime of this Agreement does 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.


11. - SALARIES

(1) Subject to Clause 48 –Traineeships the annual salaries applicable to officers not covered by Clause 12 – Salaries Specified Callings of this Agreement shall be contained in Schedule B.

(2) The Commissions Industrial Agreement 2005 will maintain parity with the salaries specified in the “GOSAC” General Agreement 2004 and subsequent replacement agreements.

(3) 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.

(4) 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) 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.

(e) 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.

(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 the employer may amalgamate any two or more levels or, allocate specific salary points from a level or levels prescribed by this Agreement.

(7) Composite Staff

(a) For the purposes of this Agreement, it is recognised that a composite loading will be added to an officers base salary in lieu of one or more of the allowances under this Agreement for shiftwork, public holidays weekend penalties, call-out, availability payments, recall payments, on-call payments and periods of overtime, but only as detailed in Schedule I.

(b) The composite loading shall be a percentage added to the officer’s classification, paid on all authorised leave and included for the purposes of calculating the officer’s superannuation.


12. – SALARIES – SPECIFIED CALLINGS

(1) Officers, who possess a relevant tertiary level qualification, or equivalent determined by the Commissioner, and who are employed in the callings of Librarian, or any other professional calling determined by the Commissioner, shall be entitled to annual salaries as contained in Schedule C.

(2) 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 Commissioner 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 Commissioner in allocating levels pursuant to subclause (1) of this clause may determine a commencing salary above level 2/4 for a particular calling/s.


13. – PURCHASED LEAVE – 44/52 SALARY ARRANGEMENT

(1) The employer and officer may agree to enter into an arrangement whereby the officer 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 officer is applying for purchased leave of between five (5) and eight (8) weeks the employer will give priority access to those Officers 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 officer 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 Spread Over 52 Weeks

Number of 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 officer 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 officer who is in receipt of an allowance provided for in Clause 17 - Higher Duties Allowance of the Agreement 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 officer’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 officer’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 this Agreement.

(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.


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 Agreement, 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 Agreement, is the basis for calculating salary related entitlements specified in the Agreement.

(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 and the Parliamentary Superannuation Act 1970 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. – 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 in accordance with the Commission’s performance management program.

(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:

(i) The officer will be shown the report and required to initial it.

(ii) The officer will be provided with an opportunity to comment in writing.

(iii) 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.

(iv) 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.


17. – 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 7½ hours per day as provided for in paragraph (6)(a) of Clause 19. - Shift Work Allowance of this Agreement the allowance shall be payable after the completion of 37½ 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.

Annual Leave

(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 months or more, proceeds on any period of annual leave and resumes in the office immediately on return from leave, the employee shall continue to receive the allowance for the period of leave.

(7) Where an officer who is in receipt of an allowance granted under this clause and has been so for a continuous period of twelve months or more, proceeds on any period of annual leave and does not resume in the office immediately on return from leave, the officer shall continue to receive the allowance for the period of the annual leave accrued during the period of higher duties.

(8) Where an officer in receipt of an allowance granted under this clause for less than twelve months proceeds on a period of annual leave, whether in excess of the normal entitlement or not, if during the officer’s absence no other employee acts in the office in which the officer was acting immediately prior to proceeding on leave and the employee resumes in the office immediately on return from leave, the officer shall continue to receive the allowance for the period of normal annual leave.

(9) For the purpose of this subclause the expression ‘normal annual leave’ shall mean the annual period of recreation leave as referred to in Clause 21 - Annual Leave and shall include any public holidays and leave in lieu accrued during the preceding twelve months taken in conjunction with such annual recreation leave.

Other Approved Leave of Absence

(10) Where an officer who is in receipt of an allowance granted under this clause and has been so for a continuous period of twelve months or more, proceeds on a period of any approved leave of absence other than annual leave of not more than four (4) weeks, the officer shall continue to receive the allowance for the period of leave.

(11) Where an officer who has been in receipt of an allowance granted under this clause for less than twelve months proceeds on a period of any approved leave of absence other than annual leave of not more than four (4) weeks and during the officer’s absence no other officer acts in the office in which the employee was acting immediately prior to proceeding on leave and the employee resumes in the office immediately on return from leave, the officer shall continue to receive the allowance for the period of leave.

(12) Where an officer who is in receipt of an allowance granted under this clause proceeds on a period of any approved leave of absence other than annual leave of more than four (4) weeks, such employee shall not be entitled to receive payment of such allowance for the whole or any part of the period of such leave.


18. - HOURS

(1) Hours of Duty

This clause applies to composite salaried staff except as provided for in Schedule I.

Ordinary Hours

(2) Except as otherwise provided in this clause, the ordinary hours of duty shall be 150 hours per four (4) week settlement period, to be worked between 7.00 am and 6.00 pm Monday to Friday as determined by the employer, with a lunch interval of not less than 30 minutes.

(3) Subject to the lunch interval, ordinary hours are to be worked as one (1) continuous period. However, Officers shall not be required to work more than five (5) hours continuously without a break.

(4) This does not preclude employers requiring or agreeing to the working of standard hours of 7.5 hours per day Monday- Friday with a lunch interval to be taken between 12.00 noon and 2.00 pm. Where working of standard hours is required by the employer, the requirement must be consistent with operational needs and customer service requirements.

(5) The employer may vary the hours of duty observed in the Commission or any branch or section thereof, consistent with a 150 hour four (4) week settlement period, so as to make provisions for:

(a) the attendance of Officers for duty on a Saturday, Sunday or Public Holiday. Overtime provisions of the Agreement will apply;

(b) the performance of shift work including work on Saturdays, Sundays or Public Holidays; and

(c) the nature of the duties of an officer or class of Officers in fulfilling the responsibilities of their office;

(d) provided that where the hours of duty are so varied an officer shall not be required to work more than five (5) hours continuously without a break.

Flexible Working Arrangements

(6) Application

Within the parameters of subclause 18.2, flexible working arrangements shall apply unless the employer otherwise specifies.

The employer may limit access to flexible working arrangements to ensure operational needs and customer service requirements of the agency are met. The employer shall not unreasonably limit access to flexible working arrangements.

Employers wishing to vary the flexible working arrangement to be observed shall be required to give one (1) month's notice in writing to the agency, branch, section or officer’s to be affected by the change.

Flexible working arrangements are available to part time, full time and fixed term contract officer.

(7) Hours of Duty

The ordinary hours of duty may be worked with flexible commencement and finishing times in accordance with the provisions of this clause.
For the purpose of leave, Public Holidays and days in lieu of the repealed Public Service Holidays, a day shall be credited as 7.5 hours.

(a) Flexitime Roster

Where a flexitime roster is required, the authorisation of the roster shall be the responsibility of the Commission. The roster will indicate the minimum staffing and any other requirements in respect to starting and finishing times, lunch break coverage and flexi leave.

The roster shall cover a settlement period of four (4) weeks and shall be made available to all affected Officers no later than three (3) days prior to the settlement period commencing.

The roster shall be prepared in consultation with the affected officer’s, subject to the employer retaining the right to determine arrangements to suit the operational needs of the agency.

Subject to four (4) weeks notice being given to affected officer’s, the employer may withdraw authorisation of a flexitime roster.

(b) Settlement Period

For recording time worked, there shall be a settlement period of four (4) weeks.

The settlement period shall commence at the beginning of a pay period.

(c) Credit and Banked Hours

Credit hours in excess of the ordinary hours of 150 hours per settlement period to a maximum of 15 hours can be carried forward to the next settlement period

During a settlement period, the maximum number of credit hours cannot exceed 37.5 hours.

An additional maximum of 37.5 hours can be banked in any calendar year. Banked hours can be carried over into a new calendar year but cannot exceed 37.5 hours at any time. At the end of each settlement period hours worked in excess of the maximum 52.5 hours credit and banked hours, will be lost.

On termination, resignation or transfer to another agency unused credit or banked hours will not be paid out and will be lost. However, the employer will provide the opportunity for credit and banked hours to be cleared.

(d) Debit Hours

Debit hours below the ordinary hours of 150 hours per settlement period to a maximum of four (4) hours are permitted at the end of each settlement period. Such debit hours shall be carried forward to the next settlement period.

For debit hours in excess of four (4) hours, an employee shall be required to take leave without pay for the period necessary to reduce debit hours to those specified in this subclause. Officers having excessive debit hours may be placed on standard working hours in addition to being required to take leave without pay.

(e) Maximum Daily Working Hours

A maximum of ten (10) ordinary hours may be worked in any one (1) day, between the hours of 7.00 am and 6.00 pm.

(9) Flexi Leave

Flexi leave, including both credit and banked hours, must be taken consistent with the prepared roster and subject to the prior approval of the employer.

In any settlement period an officer may be allowed a maximum of two (2) days leave taken from credit hours.

In exceptional circumstances and with the approval of the employer, flexi leave may be taken before accrual of sufficient credit hours subject to such conditions as the employer may impose. Banked hours may not be taken in advance of accrual.

In any settlement period a maximum of three (3) days flexi leave may be taken from a combination of credit and banked hours. Subject to operational need and customer service requirements, the employer may approve alternative arrangements to enable Officers to clear banked and /or credit hours up to the maximum of 52.5 hours.

Flexi leave may be taken in any combination of half days and full days.

(10) Study Leave

Where study leave has been approved by the employer pursuant to the provisions of Clause 28 - Study Leave credits will be given for education commitments falling within the ordinary hours of duty and for which "time off" is necessary to allow for attendance at formal classes.

(11) Overtime

(a) Where officers are directed by the employer to work more than 7.5 hours in any one (1) day, overtime applies. The parties acknowledge that the flexible working arrangement provides for the working of hours in excess of 7.5 hours per day as normal hours if the employer and employee agree.

(b) For the purpose of Clause 20. – Overtime of the Agreement, officers receiving at least one (1) day’s prior notice to work overtime, the ordinary hours of duty on the day that overtime is performed shall be 7.5 hours.

(c) Where an officer is required to work overtime at the conclusion of a day with less than one (1) day’s notice, and

(i) where the officer has at the commencement of that day, two (2) hours or more flexi leave credits, the employee shall be paid overtime after five (5) hours work on that day, or for time worked after 3.30 pm, whichever is the later, or

(ii) where that officer has commenced duty prior to 8.30 am and has, at the commencement of that day, less than two (2) hours flexi leave credits, the employee shall be paid overtime, for time worked after the completion of 7.5 hours on that day, or

(iii) where that officer has commenced work after 8.30 am and has, at the commencement of that day, less than two (2) hours flexi leave credits, the employee shall be paid overtime for time worked after 5.30 pm or after working 7.5 hours, on that day whichever is the earlier.

(d) Where an officer is required to work overtime at the beginning of a day with less than one (1) day’s notice, that employee shall be paid overtime for any time worked prior to the commencing time for ordinary hours of duty determined by the employer under sub-clause 18(2) of this clause.

As outlined in the Commission overtime policy, Managers must provide clear and valid reasons for awarding overtime prior to 17:00 hours on any weekday. Officers Level 6 and above require approval from the Executive Director for any overtime performed.


19. – SHIFT WORK ALLOWANCE

(1) This allowance is derived from the percentage increase in the Level 1.7 weekly rate, the formula being:

L1.7
x
12
x
1
x
12.5
1

313

10

100

(2) Hours of Duty – Composite salaried staff

Schedule I of this Agreement applies to composite salaried officers as specified in Clause 7 –Definitions of this Agreement. Officers receive a composite loading on their base salary in lieu of the shift work allowance under this clause.

In this Clause the following expressions shall have the following meaning:

(a) "Day shift" means a shift commencing after 6.00 am and before 12.00 noon.

(b) "Afternoon shift" means a shift commencing at or after 12.00 noon and before 6.00 pm.

(c) "Night shift" means a shift commencing at or after 6.00pm and before 6.01 am.

(d) "Public holiday" shall mean a holiday provided in Clause 23. - Public Holidays of this Agreement

(3) Night Shift

(a) An officer required to work a night shift, as defined in Clause 19 – Shift Work Allowance of the Award, of seven and one half (7.5) hours will, in addition to the ordinary rate of salary, be paid an allowance in accordance with the following formula:

L1.7
x
12
x
1
x
15
1
313
10
100

(b) The relevant salary rate applied in the formula shall be in accordance with Schedule B.

(4) Afternoon, Saturday & Sunday Penalties

(a) An officer required to work an afternoon of seven and one half (7½) hours shall, in addition to the ordinary rate of salary, be paid an allowance in accordance with Schedule F - Shift Work Allowance.

(b) Work performed during ordinary rostered hours on Sundays will be paid for at the rate of double time and one half.

(c) Work performed during ordinary rostered hours on Saturdays 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 (3)(a) and (4) (a) of this clause.

(d) 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.

(e) 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.

(f) 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.

(g) Additional leave provided by paragraphs (c) and (e) of this subclause shall not be subject to the annual leave loading prescribed by subclause (12) (a) of Clause 21. - Annual Leave.

(h) 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 20. - Overtime.

(5) Public Transport

(a) When an officer begins or ceases a shift between the hours of 11.00pm and 7.00am and no public transport is available, reimbursement at the appropriate rate of hire prescribed by subclause (4) of Clause 38 Motor Vehicle Allowance 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, 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 reimbursement.

(b) The provisions of this subclause shall only be applied to officers living and working within a radius of 50 km of the Perth City Railway Station.

(6) Hours of Duty and Rosters

(a) On 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.

(b) 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.

(c) 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 (7½) hours.

(d) Meal breaks shall be for a period of at least thirty (30) minutes, but not greater than one hour for each meal.

(e) 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.

(f) 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.

(g) 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 20. - Overtime 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.

(h) 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.

(i) An officer shall not be retained permanently on one shift unless the officer so elects in writing.

(j) 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.

(7) Review of Certain Entitlements

(a) The parties will review the construct of shift and out of hours contact allowances and penalties. The review will be concluded within 12 months of the Agreement being registered.

(b) Outcomes of the review that are agreed between the parties will be implemented by a separate registered industrial agreement. These agreed provisions may be implemented administratively prior to the registration of an industrial agreement or award amendment.

(c) Where agreement is not reached the provisions of Clause 44 – Dispute Settlement Procedure of this Agreement will apply.


20. - OVERTIME

(1) Hours of Duty

Schedule I of this Agreement applies to composite salaried officer’s who receive a composite loading on their base salary for additional hours to their ordinary hours, in lieu of the overtime allowance of this clause.

(2) In this clause the following expressions shall have the following meaning:

(a) "prescribed hours of duty" means the officer's normal working hours as prescribed in Clause 18 - Hours or written instruction issued out of that clause.

(b) "public holiday" means the days prescribed in Clause 23 - Public Holidays of this Agreement.

(c) "ordinary travelling time" means the time which an officer would ordinarily spend in travelling by public transport once daily from the officer's home to the officer's usual headquarters and home again. It is the time elapsing between the time of departure from home and the official time of commencement of duty and the official time of cessation of duty and arrival at home. Where an officer has a continuing approval to use a vehicle for official business, ordinary travelling time means the time spent in travelling by that vehicle from home to headquarters and home again each day.

(d) "a day" shall mean from midnight to midnight.

(3) When and as often as it is necessary to overcome arrears of work or to meet pressure of business, any officer may be required by the employer to perform overtime duty at times other than the ordinary hours of attendance applicable to that officer.

(4) Reasonable Hours of Overtime and Payment for Overtime

(a) An employer may require an employee to work reasonable overtime at overtime rates.

(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 employee’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.

(c) All work performed by an officer whose hours of attendance are determined in accordance with subclause (2) of Clause 18 - Hours of this Agreement by direction of the employer:

(i) before or after the prescribed hours of duty on a weekday; and

(ii) on a Saturday, Sunday or public holiday, shall be classed as overtime and, subject to the provisions of this clause, shall be paid for at the hourly rate prescribed by paragraph (d) of this subclause.

(d) (i) Payment for overtime shall be calculated on an hourly basis in accordance with the following formula -

Weekdays:

For the first three hours on any one week day -

Fortnightly salary
X
3
75

2

After the first three hours on any one week day -

Fortnightly salary
X
2
75

1

Saturday:

First three hours on any Saturday -

Fortnightly salary
X
3
75

2

After the first three hours or after 12.00 noon, whichever is the earlier, on any Saturday -

Fortnightly salary
X
2
75

1

Sundays:

Fortnightly salary
X
2
75

1

Public Holidays:

During prescribed hours of duty

Fortnightly salary
X
3
75

2

in addition to the normal days pay.

During hours outside of prescribed hours of duty –

Fortnightly salary
X
5
75

2

(ii) For the purposes of this clause fortnightly salary shall not include any district allowances, personal allowances, service allowances, special allowances 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.

(e) Subject to prior agreement in writing, time off in lieu of payment may be granted by the employer. Such time off in lieu to be determined on an hourly basis by dividing the normal hourly rate of pay into the amount to which the officer would otherwise have been entitled at the prescribed rate in accordance with paragraph (d) of this subclause.

(f) The officer shall be required to clear accumulated time off in lieu within two months of the overtime being performed. If the employer is unable to release the employee to clear such leave, then the employee shall be paid for the overtime worked.

(g) Provided that by agreement between the employer and the officer e, time off in lieu of overtime may be able to be accumulated beyond two months from the time the overtime is performed so as to be taken in conjunction with periods of leave.

(h) No claim for payment of overtime or time off in lieu under the provisions of this clause shall be allowed in respect of any day on which the additional time worked amounts to 30 minutes or less.

(i) Where an officer having received prior notice, is required to return to duty -

(i) On a Saturday, Sunday or public holiday otherwise than during prescribed hours of duty the officer shall be entitled to payment at the rate in accordance with paragraph (d) of this subclause for a minimum period of three hours.

(ii) Before or after the prescribed hours of duty on a weekday the officer shall be entitled to payment at the rate in accordance with paragraph (d) of this subclause for a minimum period of one hour 30 minutes.

(iii) For the purposes of this paragraph, 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.

(j) The provisions of paragraph (i) of this subclause shall not apply in cases where it is customary for an officer to return to the officer's place of employment to perform a specific job outside the officer's 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.

(k) When an officer is directed to work overtime at a place other than the usual headquarters, and provided that place where the overtime is to be worked is situated in the area within a radius of 50 kilometres from the 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 the 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.

(l) Except as provided in paragraph (e) of subclause (6) and paragraph (c) of subclause (7) of this clause when an officer is directed to work overtime at a place other than the usual headquarters and provided that place where the overtime is to be worked is situated outside the area within the radius of 50 kilometres from the 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 the 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).

(m) Except as provided in paragraph (i) 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 the gross annual equivalent to the salary paid from time to time in respect of Level 5 as contained in Clause 11 - Salaries and Clause 12 - Salaries - Specified Callings of this Agreement. However, the Executive Director can approve overtime payments for Officers at and above Level 6.

(ii) Officers whose work is not subject to close supervision.

(n) Notwithstanding the provisions of paragraph (m) of this subclause, where from the nature of the duties required or from other relevant circumstances it appears just and reasonable, any such officer as is referred to in that paragraph shall, with the special approval of the employer be paid overtime or granted time off in lieu as prescribed by paragraph (d) or paragraph (e) respectively of this subclause and where in any such case the employer declines to give such special approval the matter may be referred to the Public Service Arbitrator. When an officer 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, then such officer shall be entitled to payment or time off in lieu of overtime worked in accordance with paragraph (d) or paragraph (e) of this subclause.

(o) (i) Where an officer performs overtime duty after the time at which the officer's normal hours of duty end on one day and before the time at which the officer's normal hours of duty are to commence on the next succeeding day which results in the officer not being off duty between these times for a continuous period of not less than ten hours, the officer is entitled to be absent from duty without loss of salary from the time of ceasing overtime duty, until the officer has been off duty for a continuous period of ten hours.

(ii) Provided that where an officer is required 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 this paragraph shall not apply to officers included in subclause (5) of this clause.

(p) Where an officer is required to work a continuous period of overtime which extends passed 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 paragraph (d) of this subclause.

(5) For the purpose of this subclause:

(a) 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 irregular basis. Such officer shall be provided with appropriate facilities for sleeping if attendance is overnight, and other personal needs, where practicable.

(b) Other than in extraordinary circumstances, officers shall not be required to perform more than two periods of standby in any rostered week.

(c) This provision shall not replace normal overtime or shift work requirements.

(d) 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.

(e) 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 (5) (l) of this Clause recall to work under such circumstances would constitute emergency duty in accordance with subclause (7) of this Clause.

(6) Out of Hours Contact

(a) Except as otherwise agreed between the employer and the Association, an officer who is required by the employer 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 rate
x
1
x
37.5


37.5

100

On Call

Level 2 (minimum) weekly rate
x
1
x
18.75


37.5

100

Availability

Level 2 (minimum) weekly rate
x
1
x
18.75
x
50


37.5

100

100

Such allowances are contained in Part I of Schedule E of this Agreement.

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 (4) of this clause when the officer is recalled to work.

(b) Where an officer is required to be on "on call" or "available” and the means of contact is to be by landline or satellite telephone fixed at the officer’s 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 "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.

(iv) When an officer is required to “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 contact pursuant to subclause (5) of this clause.

(d) Where an officer rostered for "on call" or "availability" is recalled for 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 paragraph (b) of subclause (4) of this clause.

(e) Time spent in travelling to and from the place of duty where an officer rostered on "on call" or "availability" is actually recalled to duty, shall be included with actual duty performed for 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 absented from any requirement to hold themselves on "standby", "on call" or "availability".

(7) Emergency Duty

(a) Where an officer is called on duty to meet an emergency at a time when the officer 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 the officer is called on duty, then, if called to duty -

(i) on a Saturday, Sunday or public holiday otherwise than during the prescribed hours of duty the officer shall be entitled to payment at the rate in accordance with paragraph (d) of subclause (4) of this clause for a minimum period of three hours;

(ii) before or after the prescribed hours of duty on a weekday the officer shall be entitled to payment at the rate in accordance with paragraph (d) of subclause (4) of this clause for a minimum period of two hours 30 minutes;

(b) for the purpose of this subclause, where an officer is recalled more than once, each period of emergency duty shall stand alone in respect to the application of the minimum period payment, subject to paragraph (d) of this subclause.

(c) 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 purposes of overtime payment.

(d) An officer recalled to work to perform 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.

(8) An officer eligible for payment of overtime in accordance with paragraph (l) of subclause (4) of this clause, who is required to travel on official business outside of the officer's normal working hours and away from the officer's 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, provided:-

(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 or coach 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 in travelling in which an officer is required by the employer to drive, outside ordinary hours of duty, an employer's vehicle or to drive the officer's own motor vehicle involving the payment of motor vehicle allowance but such time shall be deemed to be overtime and paid in accordance with paragraph (d) of subclause (4) of this clause.

(c) Time off in lieu will not be granted for periods of less than thirty 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, and where the exigencies of travel compel 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.

(e) 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.

(f) Except as provided in paragraph (b) of this subclause, all time spent in actual travel on Saturdays, Sundays, and public holidays provided in Clause 23 - Public Holidays shall be deemed to be excess travelling time.

(9) (a) A break of 30 minutes, shall be made for meals between 12.00 noon and 2.00 p.m. and between 5.00 p.m. and 7.00 p.m. when overtime duty is being performed.

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 hours limit recommences.

(b) An officer required to work overtime who purchases a meal shall be reimbursed for each meal purchased at the rate prescribed for that meal in Part II of Schedule E to this Agreement.

Provided that the overtime worked when such a meal is purchased totals not less than two hours, such reimbursement shall be in addition to any payment for overtime to which the officer is entitled.

(c) If an officer, having received prior notification of a requirement to work overtime, is no longer required, and then the officer shall be entitled, in addition to any other penalty, to reimbursement for a meal previously purchased.


21. – ANNUAL LEAVE

(1) (a) Except as provided in subclause (8) of this clause, each officer is entitled to four weeks' leave on full pay for each year of service. Annual leave shall be calculated on a calendar year basis commencing on January 1 in each year.

(b) An officer may take annual leave during the calendar year in which it accrues, but the time during which the leave may be taken is subject to the approval of the employer.

(c) An officer who is first appointed after January 1 is entitled to pro-rata annual leave for that year in accordance with the formula contained in subclause (2) of this clause.

(2) Annual Leave Accrual

(a) An employee employed after the first day of January in any year is entitled to pro rata annual leave for that year calculated on a daily basis. At the end of each calendar day of the year the employee will accrue 0.411 hours of paid annual leave provided the maximum accrual will not exceed 150 hours for each completed calendar year of service.

(b) Where employers have systems in place which record and report pro rata accrual of annual leave entitlements in a manner other than prescribed by this clause, that method of accrual may continue provided the system provides the same accrual over a full year.

(3) Annual leave shall be taken in one period unless otherwise approved by the employer.

(4) On written application, an officer shall be paid salary in advance when proceeding on annual leave.

(5) (a) When the convenience of the employer is serviced, the employer may approve the deferment of the commencing date for taking annual leave, but such approval shall only remain in force for a period of one year.

(b) The employer may renew the approval referred to in subclause (a) of this clause for a further period of a year or further periods of a year but so that an officer does not at any time accumulate more than three years' entitlement.

(c) Where the convenience of the employer is served, the employer may approve the deferment of the commencement date for taking leave so that an officer accumulates more than three years' entitlement, subject to any condition, which the employer may determine.

(d) When an officer who has received approval to defer the commencement date for taking annual leave under paragraph (a), (b) or (c) of this subclause next proceeds on annual leave, the annual leave first accrued shall be the first leave taken.

(6) 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.

(7) On application to the employer, a lump sum payment for the money equivalent of any:

(a) Accrued annual leave as prescribed by subclause (1) or subclause (6) of this clause shall be made to an officer who resigns, retires, is retired or in respect of an officer who dies. The provisions of this paragraph shall also apply to an officer who is dismissed unless the misconduct for which the officer has been dismissed occurred prior to the completion of the qualifying period; and

(b) pro rata annual leave shall be made to an officer who resigns, retires, is retired or in respect of an officer who dies but not to an officer who is dismissed.

(8) An officer who has been permitted to proceed on annual recreation 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.

(9) When computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period an officer is on annual leave, observing a public holiday prescribed by this agreement, absence through sickness with or without pay. This provision applies except for that portion of an absence that exceeds three months, absence on workers' compensation except for that portion of an absence that exceeds six months, or any period exceeding two weeks during which the officer is absent on leave without pay.

(10) 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 formula:-

Completed Month of Service
Pro rata Annual Leave (working days)




Five (5) Additional Days
Ten (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

(11) Notwithstanding the foregoing, the employer may direct an officer to take annual leave and determine the date, which such leave shall commence. Should the officer not comply with the direction, disciplinary action may be taken against the officer.

(12) (a) Subject to subclauses (2) and (4) of this clause a loading equivalent to 17½% of normal salary is payable to officers proceeding on annual leave, including accumulated annual leave.

(b) Subject to the provisions of subclauses (4) and (8) of this clause shift workers who are granted an additional week's penalty leave when proceeding on annual leave including accumulated annual leave shall be paid:

(i) shift and weekend penalties the officer would have received had the officer not proceeded on annual leave; or

(ii) loading equivalent to 20% of normal salary for five weeks' leave;

whichever is greater.

(c) (i) Subject to the provisions of subclause (6) the loading is paid on a maximum of four weeks' annual leave, or five weeks in the case of shift workers who are granted an additional week's penalty leave. Payment of the loading is not made on additional leave granted for any other purpose (e.g. to officers whose headquarters are located north of the 26 degrees south latitude).

(ii) Maximum payment shall not exceed the Average Weekly Total Earnings of all Males in Western Australia, as published by the Australian Bureau of Statistics, for the September quarter of the year immediately preceding that in which the leave commences.

(iii) Maximum payment to shift workers who are granted an additional week's penalty leave shall not exceed five fourths of the Average Weekly Total Earnings of all Males in Western Australia, as published by the Australian Bureau of Statistics, for the September quarter of the year immediately preceding that in which the leave commences.

(d) Annual leave commencing in any year and extending without a break into the following year attracts the loading calculated on the salary applicable on the day the leave commenced. The maximum loading payable shall be that applicable on the day the leave is commenced.

(e) The loading payable on approved accumulated annual leave shall be at the rate applicable at the date the leave is commenced. Under these circumstances an officer can receive up to the maximum loading for the approved accumulated annual leave in addition to the loading for the current year's entitlement.

(f) The loading payable to each employee for annual leave shall be paid by the Commission on the first payday in December of the relevant year. This amount will allow for calculations described in subclause (12).

(g) The loading is calculated on the rate of salary the officer receives at the commencement of leave under Schedule B - Salaries or C - Salaries - Specified Callings of the Agreement and, where applicable, the salary shall include the following allowances:

(i) composite loading, where it is paid as an annual amount or a percentage of salary and paid throughout the year; and

(ii) Higher Duties Allowance, but only where the specific conditions of Clause 17. - Higher Duties Allowance are satisfied.

(h) Where payment in lieu of accrued or pro rata annual leave is made on the death, dismissal, resignation or retirement of an officer, a loading calculated in accordance with the terms of this clause is to be paid. Provided that no loading shall be payable in respect of pro rata annual leave paid on resignation or where an officer is dismissed for misconduct.

(i) Part time officers shall be paid a pro rata loading at the salary rate applicable.

(j) 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. Provided that no refund shall be necessary in the event of the death of an officer.

Where officer’s access pro rata long service leave, any period of leave taken will be excised for the purpose of continuous service in accordance with subclause (4) of clause (24) of this Agreement.


22 – CHRISTMAS LEAVE

(1) The Commission will be closed for normal business between Christmas Day (25 December) and New Years Day (1 January) inclusive each year.

(2) Between Christmas Day (25 December) and New Years Day (1 January) Officer’s maybe required to return to work due to operational requirements.

(3) The repealed Public Service holiday allocated to the day following New Years Day will be rescinded and not available to Commission staff in lieu they shall receive three additional paid days leave between Christmas and New Year.

(4) Commission Hearing Officers will still be required to work their normal shift roster between Christmas Day (25 December) and New Years Day (1 January) due to operational requirements.

(5) The Commission will provide the equivalent additional paid days leave in lieu to employees who were required to work during this time, to be taken at a mutually convenient time.


23. – PUBLIC HOLIDAYS

(1) The following days shall be allowed as holidays with pay:

New Year’s Day, Australia Day, Good Friday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Sovereign’s Birthday, Foundation Day, Labour Day, provided that the employer may approve another day to be taken as a holiday in lieu of any of the above mentioned days.

(2) When any of the days mentioned in subclause (1) of this clause falls on a Saturday or on a Sunday, the holiday shall be observed on the next succeeding Monday.

(3) When Boxing Day falls on a Sunday or Monday, the holiday shall be observed on the next succeeding Tuesday.

(4) In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(5) Days In Lieu Of The Repealed Public Service Holidays:

Commission staff will be provided the repealed public service holiday of Easter Tuesday day, as provided for in the Premier’s Circular 2003/01 applying to officers where they would normally be expected to work this days. The repealed public service holiday following New Years Day will not be available to Commission staff, this is withdrawn in place of the three days extra leave detailed in Clause 22 - Christmas Leave.


24. – LONG SERVICE LEAVE

(1) Subject to subclause (4) of this clause an officer who has completed seven years' continuous service in a permanent and/or fixed term contract capacity with the employer shall be entitled to 13 weeks' long service leave on full pay.

(2) For each subsequent period of seven years' service an officer shall be entitled to an additional 13 weeks' long service leave on full pay.

(3) A long service leave entitlement which fell due prior to March 16, 1988 amounted to three months. A long service leave entitlement which falls due on or after that date shall amount to 13 weeks.

Subject to the employer's convenience, an employer may approve an officer's application to take a complete entitlement of long service leave on full pay or half pay for double the period accrued, or may allow an officer to take the leave in weekly lots provided in the case of long service leave which fell due prior to March 16, 1988, the portion of long service leave being taken on full or half pay shall be one complete month's entitlement or a multiple thereof.

(4) For the purposes of determining an officer's long service leave entitlement under the provisions of subclauses (1), (2) and (3) of this clause the expression "continuous service" includes any period during which the officer is absent on full pay or part pay from the officer duties, but does not include:

(a) any period exceeding two weeks during which the officer is absent on leave without pay or parental leave without pay, unless the employer determines otherwise;

(b) any period during which the officer is taking long service leave entitlement or any portion thereof except in the case of subclause (12) of this clause when the period excised will equate to a full entitlement of 13 weeks;

(c) any service by an officer who resigns, is dismissed or whose services are otherwise terminated other than service prior to such resignation, dismissal or termination when that prior service had actually entitled the officer to the long service leave provided under this clause;

(d) any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave;

(e) any service of a Cadet whilst undertaking full time studies.

(5) Any public holiday prescribed in Clause 23. - Public Holidays which occurs during the period an officer is on long service leave shall be treated as part of the long service leave and extra days in lieu thereof shall not be granted.

(6) (a) Long service leave shall be taken within three years of it becoming due, at the convenience of the employer. Provided that the employer may approve the deferment of long service leave in exceptional circumstances. Provided further that such exceptional circumstances shall include retirement within five years of the date of entitlement.

(b) Approval to defer the taking of long service leave may be withdrawn or varied at any time by the employer giving the officer notice in writing of the withdrawal or variation.

(7) On application to the employer a lump sum payment for the money equivalent of any:

(a) long service leave entitlement for continuous service as provided in subclause (1) and subclause (2) of this clause shall be made to an officer who resigns, retires, is retired or is dismissed or in respect of an officer who dies;

(b) pro rata long service leave based on continuous service of a lesser period than that provided in subclause (1) and subclause (2) of this clause for a long service leave entitlement shall be made -

(i) to an officer who retires at or over the age of 55 years or who is retired on the grounds of ill health, if the officer has completed not less than 12 months' continuous service before the date of retirement;

(ii) to an officer who, not having resigned, is retired by the employer for any other cause, if the officer has completed not less than three years' continuous service before the date of retirement; or

(iii) in respect of an officer who dies, if the officer has completed not less than 12 months' continuous service before the date of death.

(c) in the case of a deceased officer, payment shall be made to the estate of the officer unless the officer is survived by a legal dependant approved by the employer, in which case payment shall be made to the legal dependant.

(8) The calculation of the amount due for long service leave accrued and for pro rata long service leave shall be made at the rate of salary of an officer at the date of retirement or resignation or death, whichever applies.

(9) An officer prior to commencing long service leave may request approval for the substitution of another date for commencement of long service leave and the employer may approve such substitution.

(10) (a) Notwithstanding the provisions contained in this subclause where an officer was, immediately prior to being employed in the public authority, employed in the service of the public service in Western Australia or any other state body in Western Australia that officer shall be entitled to long service leave determined in the manner contained in this subclause. Provided that the period immediately prior to being employed in the public authority and the date the officer ceased the previous employment described in this subclause does not exceed one week or a further period as determined by the employer.

(b) The pro rata portion of long service leave to which the officer would have been entitled to up to the date of appointment shall be calculated in accordance with the provisions that applied to the previous employment referred to. However in calculating that period of pro rata long service leave, any long service leave taken or any benefit granted in lieu of any such long service leave during that employment shall be deducted from any long service leave to which the officer may become entitled to under this clause. The balance of long service leave entitlement of the officer shall be calculated in accordance with the provisions contained in this clause.

(c) Nothing in this clause confers on any officer previously employed by those bodies specified in subclause (10)(a) of this clause any entitlement to a complete period of long service leave that accrued in the officer's favour prior to the date on which the officer commenced employment in the public authority.

(11) An officer who has elected to retire at or over the age of 55 years and who will complete not less than 12 months' continuous service before the date of retirement may make application to take pro rata long service leave before the date of retirement.

(12) (a) A full time officer who, during a qualifying period towards an entitlement of long service leave was employed continuously on both a full and part time basis may elect to take a lesser period of long service leave calculated by converting the part-time service to equivalent full time service.

(b) A full time officer who, during a qualifying period towards an entitlement of long service leave was employed continuously on a part time basis may elect to take a lesser period of long service leave calculated by converting the part time service to equivalent full time service.

ADDITIONAL LEAVE FLEXIBILITIES

(13) Access to Accrued Long Service Leave Entitlement

Officer’s may by agreement with their employer, clear any accrued entitlement to long service leave in minimum periods of one (1) day.

(14) Cash Out of Accrued Long Service Leave Entitlement
Officer’s may by agreement with their employer, cash out any portion of an accrued entitlement to long service leave, provided the employee proceeds on a minimum of ten (10) days annual leave in that calendar year.

Where officer’s cash out any portion of an accrued entitlement to long service leave in accordance with this subclause, the entitlement accessed is excised for the purpose of continuous service in accordance with subclause 4 of this clause.

(15) Long Service Leave on Double Pay

Officer’s may by agreement with their employer, access any portion of an accrued entitlement to long service leave on double pay for half the period accrued. In these circumstances the leave actually taken is 50 percent of the accrued entitlement accessed.

Where officer’s proceed on long service leave on double pay in accordance with this subclause, the entitlement accessed is excised for the purpose of continuous service in accordance with subclause (4) of the Agreement.

(16) Access to Pro Rata Long Service Leave

Officers within seven (7) years of their preservation age under Western Australian Government superannuation arrangements may, by agreement with their employer, choose to access pro rata long service leave at the rate of 9.28 days per completed 12 month period of continuous service. Under this subclause, pro rata long service leave can only be taken as paid leave and there is no capacity for payment in lieu of leave. Officer’s may by agreement with their employer, clear any pro rata entitlement to long service leave in minimum periods of one (1) day.


25. – PERSONAL LEAVE

Introduction

The intention of personal leave is to give officers and employers greater flexibility by providing leave on full pay for a variety of personal purposes. Personal leave combines and replaces the previous entitlements of sick, carers and short leave. Personal leave is not for circumstances normally met by other forms of leave.

Entitlement

(1) The employer shall credit each permanent employee with the following personal leave credits:


 
Personal Leave
Cumulative
Personal leave
Non-cumulative
On the day of initial appointment

48.75 hours
15 hours
On the completion of 6 months continuous service
48.75 hours
0 hours
On the completion of 12 months continuous service
97.5 hours
15 hours
On the completion of each further period of 12 months continuous service
97.5 hours
15 hours

(2) Where officer’s access personal leave, it shall be deducted from their non-cumulative entitlement in the first instance.

(3) In the year of accrual the 112.5 hours personal leave entitlement may be accessed for illness or injury, carers leave, unanticipated matters or planned matters in accordance with the provisions of this clause. On completion of each year of accrual any unused personal leave from that year up to a maximum of 97.5 hours will be cumulative and added to personal leave cumulated from previous years. Unused non-cumulative leave will be lost on completion of each anniversary year.

(4) In accordance with the Minimum Conditions of Employment Act 1993 entitlement to paid sick leave, in an anniversary year the number of hours the officer is required ordinarily to work in a two (2) week period during that year up to 75 hours must be available or accessed for periods of absence from work resulting from illness or injury. An employee is entitled to use up to 37.5 hours of this entitlement for the purposes of carers leave.

(5) An officer employed on a fixed term contract for a period of twelve months or more shall be credited with the same entitlement as a permanent officer. An officer employed on a fixed term contract for a period less than twelve months shall be credited on a pro rata basis for the period of the contract.

(6) A part time officer shall be entitled to the same personal leave credits as a full time employee, but on a pro rata basis according to the number of hours worked each fortnight. Payment for personal leave shall only be made for those hours that would normally have been worked had the employee not been on personal leave.

(7) An officer is unable to access personal leave while on any period of parental leave or leave without pay. An employee is unable to access personal leave while on any period of annual or long service leave, except as provided for in subclauses 27 and 28.

(8) Personal leave will not be debited for public holidays, which the officer’s would have observed.

(9) If an officer has exhausted all accrued personal leave the employer may allow the employee who has at least twelve months service to anticipate up to five (5) days personal leave from next year’s credit. If the employee ceases duty before accruing the leave, the value of the unearned portion must be refunded to the employer, 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 the officer.

Personal Leave Without Pay

(10) Officers who have exhausted all of their personal leave entitlements and are ill or injured may apply for personal leave without pay. Officers are required to complete the necessary application and produce medical evidence to the satisfaction of the employer.

(11) Personal leave without pay not exceeding a period of three months in a continuous absence does not affect salary increment dates, anniversary date of sick leave credits, long service leave entitlements or annual leave entitlements. Where a period of personal leave without pay exceeds three months in a continuous absence, the period in excess of three months is excised from qualifying service.

(12) Personal leave without pay is not available to Officers who have exhausted all of their personal leave entitlements and are seeking leave for circumstances outlined in paragraphs (b), (c) or (d) of subclause 15 of this clause.

(13) In exceptional circumstances the employer may approve the conversion of an employee's personal leave credits to half pay to cover an absence on personal leave due to illness.

(14) Personal leave may be taken on an hourly basis.

Application for Personal Leave

(15) Reasonable and legitimate requests for personal leave will be approved subject to available credits. Subject to subclause 1 of this clause the employer may grant personal leave in the following circumstances:

(a) Where the officer is ill or injured;

(b) To be the primary care giver of a member of the officer family or household who is ill or injured and in need of immediate care and attention;

(c) For unanticipated matters of a compassionate or pressing nature which arise without notice and require immediate attention; or

(d) By prior approval of the employer, having regard for agency requirements and the needs of the employee, planned matters where arrangements cannot be organised outside of normal working hours or be accommodated by the utilisation of flexible working hours or other leave. Planned personal leave will not be approved for regular ongoing situations.

Officer’s must complete the necessary application and clearly identify which of the above circumstances apply to their personal leave request.

(16) The definition of family shall be the definition contained in the Equal Opportunity Act 1984 for “relative”. That is, a person who is related to the employee by blood, marriage, affinity or adoption and includes a person who is wholly or mainly dependent on, or is a member of the household of, the officer.

(17) Where practicable, the officer must give reasonable notice prior to taking leave. Where prior notice cannot be given, notice must be provided as early as possible on the day of absence. Where possible, an estimate of the period of absence from work shall be provided.

Evidence

(18) An application for personal leave exceeding two (2) consecutive working days shall be supported by evidence that would satisfy a reasonable person of the entitlement.

(19) In general, supporting evidence is not required for single or two (2) consecutive day absences. Where the employer has good reason to believe that the absence may not be reasonable or legitimate, the employer may request evidence be provided. The employer must provide the employee with reasons for requesting the evidence. The leave shall not be granted where the absence is not reasonable or legitimate.

(20) Personal leave will not be granted where an officer is absent from duty because of personal illness directly caused by the misconduct of the officer.

(21) Where an application for personal leave is supported by the certificate of a registered medical practitioner, a further certificate from a registered medical practitioner nominated by the employer may be required and if that certificate does not confirm or substantially confirm the certificate of the medical practitioner, the officer making the application for personal leave shall pay the fee due to the nominated medical practitioner in respect of the certificate.

(22) Where there is doubt about the cause of an officer’s illness, the employer may require the employee to submit to a medical examination by a medical practitioner of the employer’s choice, which the officer’s must attend. Where it is reported that the absence is because of illness caused by the misconduct of the employee, or the officer fails without reasonable cause to attend the medical examination, the fee for the examination must be deducted from the officer’s salary and personal leave will not be granted.

(23) If the employer has reason to believe that an officer is in such a state of health as to render a danger to themselves, fellow Officers or the public, the officer may be required to obtain and furnish a report as to the employee’s condition from a registered medical practitioner nominated by the employer. The fee for any such examination shall be paid by the employer.

(24) Upon receipt of the medical report, the employer may direct the officer to be absent from duty for a specified period or, if already on leave of absence, direct the officer to continue on leave for a specified period. Such leave shall be regarded as personal leave.

(25) Upon report by a registered medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by Commonwealth or State law in respect of that disease, an employee is unable to attend for duty, the employee concerned may be granted personal leave or, at the option of the employee, the whole or any portion of the leave may be deducted from accrued annual leave or long service leave.

(26) Leave granted under clause 25 of this subclause shall not be granted for any period beyond the earliest date at which it would be practicable for the officer to resume duty, having regard to the restrictions imposed by law.

(27) Where an officer is ill during the period of annual leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the employer that as a result of the illness the employee was confined to their place of residence or a hospital for a period of at least seven (7) consecutive calendar days, the employer may grant personal leave for the period during which the officer was so confined and reinstate annual leave equivalent to the period of confinement.

(28) Where an officer is ill during the period of long service leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the employer that as a result of illness the employee was confined to their place of residence or a hospital for a period of at least 14 consecutive calendar days, the employer may grant personal leave for the period during which the employee was so confined and reinstate long service leave equivalent to the period of confinement.

Other Conditions

(29) Where an officer who has been retired from employment on medical grounds resumes duty therein, personal leave credits at the date of retirement shall be reinstated. This provision does not apply to an employee who has resigned from the employment and is subsequently reappointed.

(30) Unused personal leave will not be cashed out or paid out when an officer ceases their employment.

Workers Compensation

(32) Where an officer suffers a disability within the meaning of Section 5 of the Workers' Compensation and Rehabilitation Act 1981 which necessitates that the officer be absent from duty, sick leave with pay shall be granted to the extent of sick leave credits held by the officer. In accordance with section 80(2) of the Workers' Compensation and Rehabilitation Act 1981 where the claim for Workers' Compensation is decided in favour of the officer sick leave credits are to be reinstated and the period of absence granted as sick leave without pay.

War Service

(33) An officer, who produces a certificate from the Department of Veterans' Affairs stating that the officer suffers from war caused illness, may be granted special sick leave credits of 15 working days per annum on full pay in respect of that war caused illness.

(34) These credits shall accumulate up to a maximum credit of 45 working days, and shall be recorded separately to the officer's normal sick leave credits.

(35) Every application for sick leave for war caused illness shall be supported by a certificate from a registered medical practitioner as to the nature of the illness.

Portability

(36) The employer shall credit an officer additional personal leave credits up to those held at the date that officer ceased previous employment provided immediately prior to commencing employment, the officer was employed in the service of:

(i) the Western Australia Public Service, or,

(ii) the Commonwealth Government of Australia, or,

(iii) any other State of Australia, or

in a Western Australian State body or statutory authority; and

the employee's employment commenced no later than one (1) week after ceasing previous employment.

(37) The maximum break in employment permitted by sub clause 36 of this clause, may be varied by the approval of the employer provided that where employment commenced more than one (1) week after ceasing the previous employment, the period in excess of one (1) week does not exceed the amount of accrued and pro rata annual leave paid out at the date the employee ceased with the previous employer.


26. – PARENTAL LEAVE

(1) In this clause the following expressions shall have the following meanings:

(a) "Officer" includes full time, part time, and permanent and fixed term contract officers.

(b) "Partner" means a person who is a spouse or de facto partner.

(c) "Primary Care Giver" is the officer who will assume the principal role for the care and attention of a child/children. The employer may require confirmation of primary care giver status.

(d) Public sector" means an employing authority as defined in Section 5 of the Public Sector Management Act 1994.

(e) "Replacement Officer" is an officer specifically engaged to replace an officer proceeding on parental leave.

(2) Entitlement to Parental and Partner Leave

(a) An officer is entitled to a period of up to 52 weeks unpaid parental leave in respect of the:

(i) birth of a child to the officer or the officer’s partner; or

(ii) adoption of a child who is not the child or the stepchild of the officer or the officer’s partner; is under the age of five (5); and has not lived continuously with the officer for six (6) months or longer.

(b) An officer identified as the primary care giver of a child and who has completed twelve months continuous service in the Western Australian public sector shall be entitled to the same amount of paid parental leave as officers covered by the GOSAC 2004 General Agreement and its successor Agreements.

(c) A pregnant officer can commence the period of paid parental leave any time up to six (6) weeks before the expected date of birth and no later than four (4) weeks after the birth. Any other primary care giver can commence the period of paid parental leave from the birth date or for the purposes of adoption from the placement of the child but no later than four (4) weeks after the birth or placement of the child.

(d) Paid parental leave for primary care purposes for any one birth or adoption shall not exceed that provided under the GOSAC 2004 General Agreement and its successor Agreements.

(e) The paid and unpaid parental leave entitlement up to a maximum of 52 weeks may be shared between partners assuming the role of primary care giver.

(f) Parental leave may not be taken concurrently by an officer and his or her partner except under special circumstances and with the approval of the employer.

(g) Where less than the standard parental leave is taken the unused portion of the period of paid or unpaid leave cannot be preserved in any way.

(h) An officer may elect to receive pay in advance for the period of paid parental leave at the time the parental leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid parental leave.

(i) An officer is eligible, without resuming duty, for subsequent periods of parental leave in accordance with the provisions of this clause.

(3) Leave Partner

An officer who is not a primary care giver shall be entitled to a period of unpaid partner leave of up to one (1) week at the time of the birth of a child/children to his or her partner. In the case of adoption of a child this period shall be increased to up to three (3) weeks unpaid leave.

(4) Birth of a child

(a) An officer shall provide the employer with a medical certificate from a registered medical practitioner naming the officer, or the officer’s partner confirming the pregnancy and the estimated date of birth.

(b) If the pregnancy results in other than a live child or the child dies in the six weeks immediately after the birth, the entitlement to paid parental leave remains intact.

(5) Adoption of a child

(a) An officer seeking to adopt a child shall be entitled to two (2) days unpaid leave to attend interviews or examinations required for the adoption procedure. Officers working or residing outside the Perth metropolitan area are entitled to an additional day’s unpaid leave. The officer may take any paid leave entitlement in lieu of this leave.

(b) If an application for parental leave has been granted for the adoption of a child, which does not eventuate, then the period of paid or unpaid parental leave is terminated. Officers may take any other paid leave entitlement in lieu of the terminated parental leave or return to work.

(6) Other leave entitlements

(a) An officer proceeding on unpaid parental leave may elect to substitute any part of that leave with accrued annual leave or long service leave for the whole or part of the period of unpaid parental leave.

(b) Subject to all other leave entitlements being exhausted an officer shall be entitled to apply for leave without pay following parental leave to extend their leave by up to two (2) years. The employer’s approval is required for such an extension.

(c) Any period of leave without pay must be applied for and approved in advance and will be granted on a year-by-year basis. Where both partners work for the employer the total combined period of leave without pay following parental leave will not exceed two (2) years.

(d) An officer on parental leave is not entitled to paid personal leave and other paid absences other than as specified in subclause (6) (a) and (6) (e).

(e) Should the birth or adoption result in other than the arrival of a living child, the officer shall be entitled to such period of paid personal leave or unpaid leave for a period certified as necessary by a registered medical practitioner. Such personal sick leave cannot be taken concurrently with paid parental leave.

(f) Where a pregnant officer not on parental leave suffers illness related to the pregnancy or is required to undergo a pregnancy related medical procedure the officer may take any paid personal leave to which the officer is entitled or unpaid leave for a period as certified necessary by a registered medical practitioner.

(7) Notice and Variation

(a) The officer shall give not less than four (4) weeks notice in writing to the employer of the date the officer proposes to commence paid or unpaid parental leave stating the period of leave to be taken.

(b) An officer seeking to adopt a child shall not be in breach of subclause (7) (a) by failing to give the required period of notice if such failure is due to the requirement of the adoption agency to accept earlier or later placement of a child, or other compelling circumstances.

(c) An officer proceeding on parental leave may elect to take a shorter period of parental leave and may at any time during that period elect to reduce or extend the period stated in the original application, provided four (4) weeks written notice is provided.

(8) Transfer to a Safe Job

Where illness or risks arising out of pregnancy or hazards connected with the work assigned to the pregnant officer make it inadvisable for the officer to continue in her present duties, the duties shall be modified or the officer may be transferred to a safe position at the same classification level until the commencement of parental leave.

(9) Replacement Officer

Prior to engaging a replacement officer the employer shall inform the person of the temporary nature of the employment and the entitlements relating to the return to work of the officer on parental leave.

(10) Return to Work

(a) An officer shall confirm the intention to return to work by notice in writing to the employer not less than four (4) weeks prior to the expiration of parental leave.

(b) Where an employer has made a definite decision to introduce major changes that are likely to have a significant effect on the officer’s position the employer shall notify the officer while they are on parental leave.

(c) An officer on return to work from parental leave will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the officer’s skill and abilities as the substantive position held immediately prior to proceeding on parental leave. Where the officer was transferred to a safe job the officer is entitled to return to the position occupied immediately prior to transfer.

(d) An officer may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position at the same classification level in accordance with the part time provisions of the relevant agreement and agreement.

(e) Officers who return to work on a part time basis have access to the right of reversion provisions of Clause 10. - Part-Time and Casual Employment.

(11) Effect of Parental Leave on the Contract of Employment

(a) An officer employed for a fixed term contract shall have the same entitlement to parental leave, however the period of leave granted shall not extend beyond the term of that contract.

(b) Paid parental leave will count as qualifying service for all purposes under the relevant agreement and agreement. Absence on unpaid parental leave shall not break the continuity of service of officers but shall not be taken into account in calculating the period of service for any purpose under the relevant agreement and agreement.

(c) An officer on parental leave may terminate employment at any time during the period of leave by written notice in accordance with the relevant agreement and agreement.

(d) An employer shall not terminate the employment of an officer on the grounds of the officer’s application for parental leave or absence on parental leave but otherwise the rights of the employer in respect of termination of employment are not affected.


27. – LEAVE WITHOUT PAY

(1) Subject to the provisions of subclause (2) of this clause, the employer may grant an officer leave without pay for any period and is responsible for that officer on their return.

(2) Every application for leave without pay will be considered on its merits and may be granted provided that the following conditions are met:

(a) the work of the employer is not inconvenienced;

(b) all other leave credits of the officer are exhausted;

(c) an officer on a fixed term contract may not be granted leave without pay for any period beyond that officer’s approved period of engagement and

(d) any period that exceeds two weeks during which an officer is on leave of absence without pay shall not, for any purpose, be regarded as part of the period of service of that officer.


28. – STUDY LEAVE

(1) Conditions for Granting Time Off

(a) An officer may be granted time off with pay for study purposes at the discretion of the employer.

(b) Part-time officers are entitled to study leave on the same basis as full time officers. Officers working shift work or on fixed term contracts also have the same access to study leave as all other officer’s.

(c) Time off with pay may be granted up to a maximum of five hours per week including travelling time, where subjects of approved courses are available during normal working hours, or where approved study by correspondence is undertaken.

(d) Officers who are obliged to attend educational institutions for compulsory block sessions, may be granted time off with pay including travelling time up to the maximum annual amount allowed in subclause (1) (c) of this clause.

(e) Officers shall be granted sufficient time off with pay to travel to and sit for the examinations of any approved course of study.

(f) In every case the approval of time off to attend lectures and tutorials will be subject to:

(i) agency convenience;

(ii) the course being undertaken on a part-time basis;

(iii) officers undertaking an acceptable formal study load in their own time;

(iv) officers making satisfactory progress with their studies;

(v) the course being of value to the agency; and

(vi) the employer’s discretion when the course is only relevant to the officer’s career in the Service and being of value to the State.

(g) A service agreement or bond will not be required.

(2) Payment of Fees and Other Costs

(a) Cadets and Trainees

(i) Agencies are to meet the payment of higher education administrative charges for cadets and trainees who, as a condition of their employment, are required to undertake studies at a University or College of Advanced Education. Officers who of their own volition attend such institutions to gain higher qualifications will be responsible for the payment of fees.

(ii) This assistance does not include the cost of textbooks or Guild and Society fees.

(iii) An officer who is required to repeat a full academic year of the course will be responsible for payment of the higher education fees for that particular year.

(b) All Officers

Notwithstanding paragraph (a), the employer has the discretion to reimburse an employee for the full or part of any reasonable costs of enrolment fees, Higher Education Contribution Surcharge, compulsory textbooks, compulsory computer software, and other necessary study materials. Half of the value of the agreed costs shall be reimbursed immediately following production of written evidence of successful completion of the subject for which reimbursement has been claimed. The employer and employee may agree to alternative reimbursement arrangements.

(3) (a) Approved Courses

(i) First-degree or associate diploma courses at a University within the State of Western Australia.

(ii) Diploma courses at Technical and Further Education (TAFE).

(iii) Two-year fulltime certificate courses at TAFE.

(iv) Courses recognised by the National Authority for the Accreditation of Translators and Interpreters (NAATI) in a language relevant to the needs of the Public Sector.

(b) Except as outlined in subclause (3)(d) of this clause, officers are not eligible for study assistance if they already possess one of the qualifications specified in subclause (3)(a)(i) and 3(a)(ii) of this clause.

(c) An officer who has completed a Diploma through TAFE is eligible for study assistance to undertake a degree course at a University within the state of Western Australia or a College of Advanced Education. An officer who has completed a two year full time Certificate through TAFE is eligible for study assistance to undertake a Diploma course specified in subclause (3)(a)(iii) or a degree or associate diploma course specified in subclause (3)(a)(i) or (3)(a)(ii) of this clause.

(d) Assistance towards additional qualifications including second or higher degrees may be granted in special cases, at the discretion of the employer.

(4) (a) An acceptable part-time study load should be regarded as not less than five hours per week of formal tuition with at least half of the total formal study commitment being undertaken in the officer’s own time, except in special cases such as where the officer is in the final year of study and requires less time to complete the course, or the officer is undertaking the recommended part-time year or stage and this does not entail five hours formal study.

(b) A firstdegree or Associate Diploma course does not include the continuation of a degree or Associate Diploma towards a higher postgraduate qualification.

(c) In cases where officers are studying subjects which require fortnightly classes the weekly study load should be calculated by averaging over two weeks the total fortnightly commitment.

(d) In agencies which are operating on flexi-time, time spent attending or travelling to or from formal classes for approved courses between 8.15 am and 4.30 pm, less the usual lunch break, and for which “time off” would usually be granted, is to be counted as credit time for the purpose of calculating total hours worked per week.

(e) Travelling time returning home after lectures or tutorials is to be calculated as the excess time taken to travel home from such classes, compared with the time usually taken to travel home from the officer’s normal place of work.

(f) An officer shall not be granted more than 5 hours time off with pay per week except in exceptional circumstances where the employer may decide otherwise.

(g) Time off with pay for those who have failed a unit or units may be considered for one repeat year only.

(5) Subject to the provisions of subclause (6) of this clause, the employer may grant an officer full time study leave with pay to undertake:

(a) post graduate degree studies at Australian or overseas tertiary education institutions; or

(b) study tours involving observations and/or investigations; or

(c) a combination of postgraduate studies and study tour.

(6) Applications for full time study leave with pay are to be considered on their merits and may be granted provided that the following conditions are met:

(a) The course or a similar course is not available locally. Where the course of study is available locally, applications are to be considered in accordance with the provisions of subclause (1) to (5) of this clause and the Leave Without Pay provisions of this Agreement.

(b) It must be a highly specialised course with direct relevance to the officer’s profession.

(c) It must be highly relevant to the agency’s corporate strategies and goals.

(d) The expertise or specialisation offered by the course of study should not already be available through other officers employed within the agency.

(e) If the applicant was previously granted study leave, studies must have been successfully completed at that time. Where an officer is still under a bond, this does not preclude approval being granted to take further study leave if all the necessary criteria are met.

(f) A fixed term contract officer may not be granted study leave with pay for any period beyond that officer’s approved period of engagement.

(7) Full time study leave with pay may be approved for more than 12 months subject to a yearly review of satisfactory performance.

(8) Where an outside agreement is granted and the studies to be undertaken are considered highly desirable by an employer, financial assistance to the extent of the difference between the officer’s normal salary and the value of the agreement may be considered.  Where no outside agreement is granted and where a request meets all the necessary criteria then part or full payment of salary may be approved at the discretion of the employer.

(9) The employer supports recipients of coveted agreements and fellowships by providing study leave with pay. Recipients normally receive as part of the agreement or fellowship; return airfares, payment of fees, and allowance for books, accommodation or a contribution towards accommodation.
(10) Where recipients are in receipt of a living allowance, this amount should be deducted from the officer’s salary for that period.

(11) Where the employer approves full time study leave with pay the actual salary contribution forms part of the agency’s approved average staffing level funding allocation. Employers should bear this in mind if considering temporary relief.

(12) Where study leave with pay is approved and the employer also supports the payment of transit costs and/or an accommodation allowance, the employer will gain approval for the transit and accommodation costs as required.

(13) Where officers travelling overseas at their own expense wish to participate in a study tour or convention whilst on tour, study leave with pay may be approved by the employer together with some local transit and accommodation expenses providing it meets the requirements of subclause (6) of this clause.  Each case is to be considered on its merits.

(14) The period of full time study leave with pay is accepted as qualifying service for leave entitlements and other privileges and conditions of service prescribed for officers under this Agreement.

(15) Up to five Commission Study Scholarships valued at up to $1000 each will be awarded each academic year staff, in accordance with the Commission Study Leave policy.


29. – BEREAVEMENT LEAVE

(1) Officers including casuals shall on the death of:

(a) the spouse or de-facto partner of the officer;

(b) the child or step-child of the officer;

(c) the parent or step-parent of the officer;

(d) the brother, sister, step brother or step sister; or

(e) any other person who, immediately before that person’s death, lived with the officer as a member of the officer’s family;

be eligible for up to two (2) days paid bereavement leave, provided that at the request of an officer the employer may exercise a discretion to grant bereavement leave to an officer in respect of some other person with whom the officer has a special relationship.

(2) The two (2) days need not be consecutive.

(3) Bereavement leave is not to be taken during any other period of leave.

(4) Payment of such leave may be subject to the officer providing evidence of the death or relationship to the deceased, satisfactory to the employer.

(5) An officer requiring more than two days bereavement leave in order to travel overseas in the event of the death overseas of a member of the officer’s immediate family may, upon providing adequate proof, in addition to any bereavement leave to which the officer is eligible, have immediate access to annual leave and/or accrued long service leave in weekly multiples and/or leave without pay provided all accrued leave is exhausted.


30. – CULTURAL/CEREMONIAL LEAVE

(1) Cultural/ceremonial leave shall be available to all officers.

(2) Such leave shall include leave to meet the officer’s customs, traditional law and to participate in cultural and ceremonial activities.

(3) Officers are entitled to time off without loss of pay for cultural/ceremonial purposes, subject to agreement between the employer and officer and sufficient leave credits being available.

(4) The employer will assess each application for ceremonial/cultural leave on its merits and give consideration to the personal circumstances of the officer seeking the leave.

(5) The employer may request reasonable evidence of the legitimate need for the officer to be allowed time off.

(6) Cultural/ceremonial leave may be taken as whole or part days off. Each day or part thereof, shall be deducted from:

(a) the officer’s annual leave entitlements;

(b) accrued days off or time in lieu; or

(c) personal leave when entitlements under subclauses (a) and (b) have been fully exhausted.

(7) Time off without pay may be granted by arrangement between the employer and the officer for cultural/ceremonial purposes.


31. – BLOOD/PLASMA DONORS LEAVE

(1) Subject to operational requirements, officers shall be entitled to absent themselves from the workplace in order to donate blood or plasma in accordance with the following general conditions:

(a) Prior arrangements with the supervisor have been made and at least two (2) days’ notice has been provided; or

(b) the officer is called upon by the Red Cross Blood Centre.

(2) The notification period shall be waived or reduced where the supervisor is satisfied that operations would not be unduly affected by the officer’s absence.

(3) The officer shall be required to provide proof of attendance at the Red Cross Blood Centre upon return to work.

(4) Officers shall be entitled to two (2) hours of paid leave per donation for the purpose of donating blood to the Red Cross Blood Centre.


32. – EMERGENCY SERVICE LEAVE

(1) Subject to operational requirements, paid leave of absence shall be granted by the employer to an officer who is an active volunteer member of State Emergency Service Units, St John Ambulance Brigade, Volunteer Fire and Rescue Service Brigades, Bush Fire Brigades, Volunteer Marine Rescue Services Groups or FESA Units, in order to allow for attendance at emergencies as declared by the recognised authority.

(2) The employer shall be advised as soon as possible by the officer, the emergency service, or other person as to the absence and, where possible, the expected duration of leave.

(3) The officer must complete a leave of absence form immediately upon return to work.

(4) The form must be accompanied by a certificate from the emergency organisation certifying that the officer was required for the specified period.

(5) An officer, who during the course of an emergency, volunteers their services to an emergency organisation, shall comply with subclauses (2), (3) and (4) of this clause.


33. – UNION FACILITIES FOR UNION REPRESENTATIVES

(1) The employer recognises the rights of the union to organise and represent its members. Union representatives in the agency have a legitimate role and function in assisting the union in the tasks of recruitment, organising, communication and representing members’ interests in the workplace, agency and union electorate.

(2) The employer recognises that, under the union’s rules, union representatives are members of an Electorate Delegates Committee representing members within a union electorate. A union electorate may cover more than one agency.

(3) The employer will recognise union representatives in the Commission and will allow them to carry out their role and functions.

(4) The union will advise the employer in writing of the names of the union representatives in the Commission.

(5) The employer shall recognise the authorisation of each union representative in the agency and shall provide them with the following:

(a) Paid time off from normal duties to perform their functions as a union representative such as organising, recruiting, individual grievance handling, collective bargaining, involvement in the electorate delegates committee and to attend union business in accordance with clause 34. – Leave to Attend Association Business of the Agreement.

(b) Access to facilities required for the purpose of carrying out their duties. Facilities may include but not be limited to, the use of filing cabinets, meeting rooms, telephones, fax, email, Internet, photocopiers and stationery. Such access to facilities shall not unreasonably affect the operation of the organisation and shall be in accordance with normal agency protocols.

(c) A noticeboard for the display of union materials including broadcast email facilities.

(d) Paid access to periods of leave for the purpose of attending union training courses in accordance with Clause 35. – Trade Union Training Leave of the Agreement. Country representatives will be provided with appropriate travel time.

(e) Notification of the commencement of new officers, and as part of their induction, time to discuss the benefits of union membership with them.

(f) Access to agreements, agreements, policies and procedures.

(g) The names of any Equal Employment Opportunity and Occupational Health, Safety and Welfare representatives.

(6) The employer recognises that it is paramount that union representatives in the workplace are not threatened or disadvantaged in any way as a result of their role as a union representative.


34. – LEAVE TO ATTEND ASSOCIATION BUSINESS

(1) The employer shall grant paid leave at the ordinary rate of pay during normal working hours to an officer:

(a) who is required to attend or give evidence before any Industrial Tribunal;

(b) who as a Union-nominated representative is required to attend any negotiations and/or proceedings before an Industrial Tribunal and/or meetings with Ministers of the Crown, their staff or any other representative of Government;

(c) when prior arrangement has been made between the Union and the employer for the officer to attend official Union meetings preliminary to negotiations and/or Industrial Tribunal proceedings; and

(d) who as a Union-nominated representative is required to attend joint union/management consultative committees or working parties.

(2) The granting of leave is subject to convenience and shall only be approved:

(a) where reasonable notice is given for the application for leave;

(b) for the minimum period necessary to enable the union business to be conducted or evidence to be given; and

(c) for those officers whose attendance is essential.

(3) The employer shall not be liable for any expenses associated with an officer attending to union business.

(4) Leave of absence granted under this clause shall include any necessary travelling time in normal working hours.

(5) An officer shall not be entitled to paid leave to attend to union business other than as prescribed by this Clause.

(6) The provisions of the Clause shall not apply to:

(a) special arrangements made with the union which provide for unpaid leave for officers to conduct union business;

(b) when an officer is absent from work without the approval of the employer; and

(c) casual officers.


35. – TRADE UNION TRAINING LEAVE

(1) Subject to the employer’s convenience and the provisions of this clause:

(a) The employer shall grant paid leave of absence to officers who are nominated by the Association to attend short courses relevant to the public sector or the role of union workplace representative, conducted by the Civil Service Association.

(b) The employer shall grant paid leave of absence to attend similar courses or seminars as from time to time approved by agreement between the employer and the Association.

(2) An officer shall be granted up to a maximum of five (5) days paid leave per calendar year for trade union training or similar courses or seminars as approved. However, leave of absence in excess of five (5) days and up to ten (10) days may be granted in any one calendar year provided that the total leave being granted in that year and in the subsequent year does not exceed ten (10) days.

(3) (a) Leave of absence will be granted at the ordinary rate of pay and shall not include shift allowances, penalty rates or overtime.

(b) Where a Public Holiday or rostered day off falls during the duration of a course, a day off in lieu of that day will not be granted.

(c) Subject to paragraph (3)(a) of this clause, shift workers attending a course shall be deemed to have worked the shifts they would have worked had leave not been taken to attend the course.

(d) Part-time officers shall receive the same entitlement as full time officers, but payment shall only be made for those hours that would normally have been worked but for the leave.

(4) (a) Any application by an officer shall be submitted to the employer for approval at least four weeks before the commencement of the course unless the employer agrees otherwise.

(b) All applications for leave shall be accompanied by a statement from the union indicating that the officer has been nominated for the course. The application shall provide details as to the subject, commencement date, and length of course, venue and the authority, which is conducting the course.

(5) A qualifying period of twelve months service shall be served before an officer is eligible to attend courses or seminars of more than a half-day duration. The employer may, where special circumstances exist, approve an application to attend a course or seminar where an officer has less than twelve months service.

(6) The employer shall not be liable for any expenses associated with an officer’s attendance at trade union training courses.

(7) Leave of absence granted under this clause shall include any necessary travelling time in normal working hours immediately before or after the course.


36. – DEFENCE FORCE RESERVES LEAVE

(1) The employer must grant leave of absence for the purpose of Defence service to an officer who is a volunteer member of the Defence Force Reserves or the Cadet Force. Defence service means service, including training, in a part of the Reserves or Cadet Force.

(2) Leave of absence may be paid or unpaid in accordance with the provisions of this clause.

(3) Application for leave of absence for Defence service shall, in all cases, be accompanied by evidence of the necessity for attendance. At the expiration of the leave of absence granted, the officer shall provide a certificate of attendance to the employer.

(4) Paid Leave

(a) An officer who is a volunteer member of the Defence Force Reserves or the Cadet Force is entitled to paid leave of absence for Defence service, subject to the conditions set out hereunder.

(b) Part-time officers shall receive the same paid leave entitlement as full-time officers, but payment shall only be made for those hours that would normally have been worked but for the leave.

(c) On written application, an officer shall be paid salary in advance when proceeding on such leave.

(d) Casual officers are not entitled to paid leave for the purpose of Defence service.

(e) An officer is entitled to paid leave for a period not exceeding 105 hours on full pay in any period of twelve months commencing on 1 July in each year.

(f) An officer is entitled to a further period of leave, not exceeding 16 calendar days, in any period of twelve months commencing on July 1. Pay for this leave shall be at the rate of the difference between the normal remuneration of the officer and the Defence Force payments to which the officer is entitled if such payments do not exceed normal salary. In calculating the pay differential, pay for Saturdays, Sundays, Public Holidays and rostered days off is to be excluded, and no account is to be taken of the value of any board or lodging provided for the officer.

(5) Unpaid Leave

(a) Any leave for the purpose of Defence service that exceeds the paid entitlement prescribed in subclause (4) of this clause shall be unpaid.

(b) Casual officers are entitled to unpaid leave for the purpose of Defence service.

(6) Use of Other Leave

(a) An officer may elect to use annual or long service leave credits for some or all of their absence on Defence service, in which case they will be treated in all respects as if on normal paid leave.

(b) An employer cannot compel an officer to use annual leave or long service leave for the purpose of Defence service.


37. – WITNESS AND JURY SERVICE

Witness

(1) An officer subpoenaed or called as a witness to give evidence in any proceeding shall as soon as practicable notifies the manager/supervisor who shall notify the employer.

(2) Where an officer is subpoenaed or called as a witness to give evidence in an official capacity that officer shall be granted by the employer leave of absence with pay, but only for such period as is required to enable the officer to carry out duties related to being a witness. If the officer is on any form of paid leave, the leave involved in being a witness will be reinstated, subject to the satisfaction of the employer. The officer is not entitled to retain any witness fee but shall pay all fees received into Consolidated Revenue Fund. The receipt for such payment with a voucher showing the amount of fees received shall be forwarded to the employer.

(3) An officer subpoenaed or called as a witness to give evidence in an official capacity shall, in the event of non-payment of the proper witness fees or travelling expenses as soon as practicable after the default, notify the employer.

(4) An officer subpoenaed or called, as a witness on behalf of the Crown, not in an official capacity shall be granted leave with full pay entitlements. If the officer is on any form of paid leave, this leave shall not be reinstated as such witness service is deemed to be part of the officer's civic duty. The officer is not entitled to retain any witness fees but shall pay all fees received into Consolidated Revenue Fund.

(5) An officer subpoenaed or called as a witness under any other circumstances other than specified in subclauses (2) and (4) of this clause shall be granted leave of absence without pay except when the officer makes an application to clear accrued leave in accordance with Agreement provisions.

Jury

(6) A current officer of the Commission, and any person who has been a Commission Officer within a period of 5 years before being summoned, is not eligible to serve as a juror.


38. – MOTOR VEHICLE ALLOWANCE

(1) For the purposes of this clause the following expressions shall have the following meaning:

(a) "a year" means 12 months commencing on the first day of July and ending on the thirtieth day of June next following.

(b) "metropolitan area" means that area within a radius of 50 kilometres from the Perth Railway Station.

(c) "southwest land division" means the southwest land division as defined by section 6, Schedule I, Land Administration Act,1997 excluding the area contained within the metropolitan area.

(d) "rest of the state" means that area south of 23.5 degrees south latitude, excluding the metropolitan area and the southwest land division.

(e) "term of employment" means a requirement made known to the officer at the time of applying for the position by way of publication in the advertisement for the position, written advice to the officer contained in the offer for the position or oral communication at interview by interviewing officer and such requirement is accepted by the officer either in writing or orally.

(f) "qualifying service" shall include all service in positions where there is a requirement as a term of employment to supply and maintain a motor vehicle for use on official business but shall exclude all absences which effect entitlements as provided by this agreement.

(2) (a) An officer who is required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment shall be reimbursed in accordance with the appropriate rates set out in Part I of Schedule D for journeys travelled on official business and approved by the employer or an authorised officer.

(b) An officer who is reimbursed under the provisions of subclause (2)(a) of this clause will also be subject to the following conditions -

(i) for the purposes of subclause (2)(a) of this clause an officer shall be reimbursed with the appropriate rates set out in Part 1 of Schedule D for the distance travelled from the officer's residence to the place of duty and for the return distance travelled from place of duty to residence except on a day where the officer travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day;

(ii) where an officer in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in Part 1 of Schedule D;

(iii) where an officer does not travel in excess of 4000 kilometres in a year an allowance calculated by multiplying the appropriate rate per kilometre by the difference between the actual distance travelled and 4000 kilometres shall be paid to the officer provided that where the officer has less than 12 months' qualifying service in the year then the 4000 kilometre distance will be reduced on a pro rata basis and the allowance calculated accordingly;

(iv) where a part-time officer is eligible for a payment of an allowance under subclause (2)(b)(iii) of this clause such allowance shall be calculated on the proportion of total hours worked in that year by the officer to the annual standard hours had the officer been employed on a full-time basis for the year;

(v) an officer who is required to supply and maintain a motor vehicle for use on official business is excused from this obligation in the event of his vehicle being stolen, consumed by fire, or suffering a major and unforeseen mechanical breakdown or accident, in which case all entitlement to reimbursement ceases while the officer is unable to provide the motor vehicle or a replacement;

(vi) the employer may elect to waive the requirement that an officer supply and maintain a motor vehicle for use on official business, but three months' written notice of the intention so to do shall be given to the officer concerned.

(3) (a) Subject to subclause (2) of this clause, an officer who is not normally required to supply and maintain a motor vehicle as a term of employment and who is required to relieve an officer required to supply and maintain a motor vehicle as a term of employment shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part I of Schedule D for all journeys travelled on official business and approved by the employer where the officer is required to use the vehicle on official business whilst carrying out the relief duty.

(b) For the purposes of paragraph (a) of this subclause an officer shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part I of Schedule D for the distance travelled from the officer's residence to place of duty and the return distance travelled from the place of duty to residence except on a day where the officer travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day.

(c) Where an officer in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in Part I of Schedule D.

(d) For the purpose of this subclause the allowance prescribed in subclause (2)(b)(iii), (iv) and (vi) of this clause shall not apply.

(4) (a) An officer who is not required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment, but when requested by the employer voluntarily consents to use the vehicle shall for journeys travelled on official business approved by the employer be reimbursed all expenses incurred in accordance with the appropriate rates set out in Parts II and III of Schedule D.

(b) For the purpose of paragraph (a) of this subclause an officer shall not be entitled to reimbursement for any expenses incurred in respect to the distance between the officer's residence and headquarters and the return distance from headquarters to residence.

(c) Where an officer in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in Part II of Schedule D if applicable.

(5) Allowance for towing Departmental caravan or trailer.

In case where officers are required to tow departmental caravans on official business, the additional rate shall be 6.5 cents per kilometre. When departmental trailers are towed on official business the additional rate shall be 3.5 cents per kilometre.

(6) Variation to Allowances
Allowances under this clause shall be varied in accordance with adjustments to the Motor Vehicle Allowance in accordance with the GOSAC Award 1989.


39. – TRAVELLING ALLOWANCE

An officer who travels on official business shall be reimbursed reasonable expenses on the following basis:

(1) When a trip necessitates an overnight stay away from headquarters and the officer:

(a) is supplied with accommodation and meals free of charge; or

(b) attends a course, conference, etc., where the fee paid includes accommodation and meals; or

(c) travels by rail and is provided with a sleeping berth and meals; or

(d) is accommodated at a Government institution, hostel or similar establishment and supplied with meals, reimbursement shall be in accordance with the rates prescribed in Column A, Item 1, 2 or 3 of Schedule G.

(2) When a trip necessitates an overnight stay away from the officer's headquarters and the officer is fully responsible for the provision of accommodation, meals and incidental expenses:

(a) where hotel or motel accommodation is utilised reimbursement shall be in accordance with the rates prescribed in Column A, Items 4 to 8 of Schedule G;

(b) where other than hotel or motel accommodation is utilised reimbursement shall be in accordance with rates prescribed in Column A, Items 9, 10 or 11 of Schedule G.

(3) When a trip necessitates an overnight stay away from headquarters and accommodation only is provided at no charge to the officer, reimbursement shall be made in accordance with the rates prescribed in Column A, items 1, 2 or 3 and items 12, 13 or 14 of Schedule G subject to the employees' certification that each meal claimed was actually purchased.

(4) To calculate reimbursement under subclauses (1) and (2) for a part of a day, the following formula shall apply-

(a) If departure from headquarters is:

before 8.00am - 100% of the daily rate.

8.00am or later but prior to 1.00pm - 90% of the daily rate.

1.00pm or later but prior to 6.00pm - 75% of the daily rate.

6.00pm or later - 50% of the daily rate.

(b) If arrival back at headquarters is:

8.00am or later but prior to 1.00pm - 10% of the daily rate.

1.00pm or later but prior to 6.00pm - 25% of the daily rate.


6.00pm or later but prior to 11.00pm - 50% of the daily rate.

11.00pm or later - 100% of the daily rate.

(5) When an officer travels to a place outside a radius of 50 kilometres measured from the officer's headquarters, and the trip does not involve an overnight stay away from headquarters, reimbursement for all meals claimed shall be at the rates set out in Items 12 or 13 of Schedule G subject to the officer's certification that each meal claimed was actually purchased. Provided that when an officer departs from headquarters before 8.00am and does not arrive back at headquarters until after 11.00pm on the same day reimbursement shall be at the appropriate rate prescribed in Column A, Items 4 to 8 of Schedule G.

(6) When it can be shown to the satisfaction of the employer by the production of receipts that reimbursement in accordance with Schedule G does not cover an officer's reasonable expenses for a whole trip the officer shall be reimbursed the excess expenditure.

(7) In addition to the rates contained in Schedule G an officer shall be reimbursed reasonable incidental expenses such as train, bus and taxi fares, official telephone calls, laundry and dry cleaning expenses, on production of receipts.

(8) If, on account of lack of suitable transport facilities, an officer necessarily engages reasonable accommodation for the night prior to commencing travelling on early morning transport the officer shall be reimbursed the actual cost of such accommodation.

(9) Reimbursement of expenses shall not be suspended should an officer become ill whilst travelling, provided leave for the period of such illness is approved in accordance with the provisions of this Agreement and the officer continues to incur accommodation, meal and incidental expenses.

(10) Reimbursement claims for travelling in excess of 14 days in one month shall not be passed for payment by a certifying officer unless the employer has endorsed the account.

(11) An officer who is relieving at or temporarily transferred to any place within a radius of 50 kilometres measured from the officers headquarters shall not be reimbursed the cost of midday meals purchased, but an officer travelling on duty within that area which requires absence from the officers headquarters over the usual midday meal period shall be paid at the rate prescribed by Item 17 of Schedule G for each meal necessarily purchased, provided that:

(a) such travelling is not a normal feature in the performance of the officer's duties; and

(b) such travelling is not within the suburb in which the officer resides; and

total reimbursement under this subclause for any pay period shall not exceed the amount prescribed by Item 18 of Schedule G.

(12) The Commission recognises that some officer’s may need to travel at short notice due to operational requirements. This travel must be authorised by the Commissioner and maybe charged to the officers Commission credit card.

(13) Overseas travel must be authorised by the Commissioner and will be paid under the same domestic travel arrangements described within this clause.

(14) Variation to Allowances

Allowances under this clause shall be varied in accordance with adjustments to the Travelling Allowance in accordance with the GOSAC Award 1989.


40. – KEEPING OF AND ACCESS TO EMPLOYMENT RECORDS

Employers must ensure that the keeping of and access to employment records of officers is in accordance with Industrial Relations Act 1979 Part 11 Division 2F Keeping of and access to employment records. If the employer maintains a personal or other file on an employee subject to the employer’s convenience, the employee shall be entitled to examine all material maintained on that file.


41. NOTIFICATION OF CHANGE

(1) (a) Where an employer has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have significant effects on officers, the employer shall notify the officers who may be affected by the proposed changes and the Union.

(b) For the purpose of this clause "significant effects" include termination of employment; major changes in the composition, operation or size of the employer's workforce or in the skills required; elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of officers to other work or locations and restructuring of jobs.

Provided that where this Agreement or any other Award or Agreement makes provision for alteration of any of the matters referred to in this clause an alteration shall be deemed not to have significant effect.

(2) (a) The employer shall discuss with the officers affected and the Union, inter alia, the introduction of the changes referred to in subclause (1) of this clause, the effects the changes are likely to have on officers, measures to avert or mitigate the adverse effects of such changes on officers and shall give prompt consideration to matters raised by the officers and/or the Union in relation to the changes.

(b) The discussion shall commence as early as practicable after a firm decision has been made by the employer to make the changes referred to in subclause (1) of this clause, unless by prior arrangement, the Union is represented on the body formulating recommendations for change to be considered by the employer.

(c) For the purposes of such discussion an employer shall provide to the officers concerned and the Union all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on officers and any other matters likely to affect officers. Provided that any employer shall not be required to disclose confidential information, the disclosure of which would be inimical to the employer's interest.


42. – RIGHT OF ENTRY AND INSPECTION BY AUTHORISED REPRESENTATIVES

(1) The parties shall act consistently with the terms of the Division 2 G – Right of Entry and Inspection by Authorised Representatives – of the Industrial Relations Act, 1979.

(2) An authorised representative shall on notification to the employer have the right to enter any premises where relevant employees covered by this agreement work during working hours, including meal breaks, for the purpose of holding discussions at the premises with relevant employees covered by the agreement who wish to participate in those discussions, the legitimate business of the Association or for the purpose of investigating complaints concerning the application of this Agreement, but shall in no way unduly interfere with the work of officers.

(3) The authorised representative will provide the Commission 24 hours written notice in order to have discussions with employees.


43. – COPIES OF AGREEMENT

Every officer shall be entitled to have access to a copy of this Agreement. Sufficient copies shall be made available by the employer for this purpose and shall be located in each of the employer's premises.


44. – DISPUTE SETTLEMENT PROCEDURE

(1) Any questions, difficulties or disputes arising under this Agreement of officers bound by the agreement shall be dealt with in accordance with this clause.

(2) The officer/s and the manager with whom the dispute has arisen shall discuss the matter and attempt to find a satisfactory solution, within three (3) working days.

(3) If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant manager’s supervisor and an attempt made to find a satisfactory solution, within a further three (3) working days.

(4) If the dispute is still not resolved, it may be referred by the officer/s or Association representative to the employer or his/her nominee.

(5) Where the dispute cannot be resolved with five (5) working days of the Association representatives’ referral of the dispute to the employer or his/her nominee, either party may refer the matter to the Western Australian Industrial Relations Commission.

(6) The period for resolving a dispute may be extended by agreement between the parties.

(7) At all stages of the procedure the officer may be accompanied by an Association representative.


45. - RESIGNED EMPLOYEES – RETROSPECTIVITY

Officer’s who are no longer in the Commission at the date a salary or allowance increase is agreed to are not entitled to retrospectivity notwithstanding that such increase is applied retrospectively to current employees.


46. – WORKING FROM HOME

(1) Subject to this clause, employers may consider the introduction of working from home arrangements.

(2) Statutory requirements apply to employees working from home as they do to employees working at an employer’s workplace. Employers must ensure understanding and compliance of all affected parties with all statutory responsibilities prior to any arrangements being sanctioned.

(3) Employers are required to undertake a risk assessment of the work activities carried out by employees to identify and manage hazards. In carrying out any assessment, employers must look at who and what may be affected by, and the possible effects of the work being done from home.

(4) The introduction of working from home arrangements is subject to:

(a) the nature of employees’ work being such that it is suited to working from home arrangements;

(b) approval of any arrangement being at the discretion of the employer;

(c) employees agreeing to enter into the working from home arrangements;

(d) the introduction of working from home arrangements being in accordance with the provisions of the employer’s policy; and

(e) the employer’s policy and procedures addressing:

(i) general obligations of both the employer and employees, including such things as insurance, separation of overheads billed to the homeowner and the employee’s ordinary hours of work while working from home;

(ii) duty of care responsibilities owed by the employer and employee under the Occupational Safety and Health Act 1984; and

(iii) all additional statutory obligations affecting the employer/employee relationship.


47. – WORKLOAD MANAGEMENT

(1) Employers are committed to providing a safe and healthy work environment and will not require employees to undertake an unreasonable workload in the ordinary discharge of their duties.

(2) The objective of this principle is to ensure workload allocation is fair, manageable and without risk to health and safety.

(3) Employers shall take reasonable steps to ensure that employees:

do not work excessive or unreasonable hours;

are able to clear annual leave; and

are paid or otherwise recompensed for work as provided for under the Award and this Agreement.

(4) Employees are required to perform, attain or sustain a standard of work that may be reasonably expected of them.

(5) All relevant indicators of workload should be monitored. Indicators may include:

nature of work;

work patterns;

environment in which work is performed;

volume of work;

level of performance;

turnover;

accident rate;

incidence of workers compensation;

illness and injury absence;

early retirement records;

referral rates and general feedback from counsellors; and

exit information.

(6) Where employee performance issues are identified these will be managed in accordance with an agency’s performance management policy and should take into account:

training and development;

application of skill and competencies;

capacity to perform at a required level;

individual accountability; and

communication and feedback.

(7) Workload issues may be dealt with as a function of the agency joint consultative committee.

(8) With the exception of employee performance related issues, where workload issues are identified a review team agreed by the parties will be convened within 21 days of a written request from either party. Broader consultation of the findings of the review team can be undertaken through the joint consultative committee.


48. – TRAINEESHIPS

(1) Definitions

(a) "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.

(b) "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.

(c) "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.

(d) "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 Agreement, based on the training wage referenced in sub clause (d) of this clause 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.


49. – CAMPING ALLOWANCE

(1) For the purposes of this clause the following expressions shall have the following meaning:

"camp of a permanent nature" means single room accommodation in skid mounted or mobile type units, caravans, or barrack type accommodation where the following facilities are provided in the camp:

(a) water is freely available;

(b) ablutions including a toilet, shower or bath and laundry facilities;

(c) hot water system;

(d) a kitchen, including a stove and table and chairs, except in the case of a caravan equipped with its own cooking and messing facilities;

(e) an electricity or power supply; and

(f) beds and mattresses except in the case of caravans containing sleeping accommodation.

For the purpose of this definition, caravans located in caravan parks or other locations where the above are prescribed shall be deemed a camp of a permanent nature.

"house" means a house, duplex or cottage including transportable type accommodation which are self contained and in which the facilities prescribed for "camp of a permanent nature" are provided.

"other than a permanent camp" means a camp where any of the above are not provided.

(2) An officer, who is stationed in a camp of a permanent nature, shall be paid the appropriate allowance prescribed by item 1 or item 2 of Schedule H for each day spent camping.

(3) An officer who is stationed in a camp - other than a permanent camp - or is required to camp out shall be paid the appropriate allowance prescribed by item 3 or item 4 of Schedule H for each day spent camping.

(4) Officers who occupy a house shall not be entitled to allowances prescribed by this clause.

(5) Officers accommodated at a Government institution, hostel or similar establishment shall not be entitled to allowances prescribed by this clause.

(6) Where an officer is provided with food and/or meals by the employer free of charge, then the officer shall only be entitled to receive half the appropriate allowance to which the officer would otherwise be entitled for each day spent camping.

(7) (a) An officer shall not be entitled to receive an allowance under this clause for periods in excess of 91 consecutive days unless the employer otherwise determines. Provided that where an officer makes use of the provisions of Clause 39. - Travelling Allowance of this Agreement then such periods shall be included for the purposes of determining the ninety-one consecutive days.

(b) The employer, in reviewing any claim under this subclause may determine an allowance other than is contained in Schedule H.

(8) When camping, an officer shall be paid the allowance on Saturdays and Sundays if available for work immediately preceding and succeeding such days and no deduction shall be made under these circumstances when an officer does not spend the whole or part of the weekend in camp, unless the provisions of Clause 39. - Travelling Allowance of this Agreement are availed of.

(9) This clause shall be read in conjunction with Clause 39. - Travelling Allowance of this Agreement for the purpose of paying allowances, and camping allowance shall not be paid for any period in respect of which the travelling allowance is paid.

Where portions of a day are spent camping, the formula contained in subclause (4) of Clause 39. - Travelling Allowance of this Agreement shall be used for calculating the portion of the allowance to be paid for that day.

For the purposes of this subclause arrival at headquarters shall mean the time of actual arrival at camp. Departure from headquarters shall mean the time of actual departure from camp or the time of ceasing duty on the field subsequent to breaking camp, whichever is the later. Calculation of parts of a day shall be in accordance with the formula contained in subclause (4) Clause 39. - Travelling Allowance of this Agreement.

(10) Officers in receipt of an allowance under this Agreement shall not be entitled to receive the incidental allowance prescribed by Clause 39. - Travelling Allowance of this Agreement.

(11) Whenever an officer provided with a caravan is obliged to park the caravan at a caravan park the officer shall be reimbursed the rental charges paid to the authority controlling the caravan park, in addition to the payment of camping allowance.

(12) Where an officer, who is not supplied with camping equipment by the employer hires such equipment as is reasonable and necessary, the officer shall be reimbursed such hire charges, in addition to the payment of camping allowance.

(13) Variation to Allowances

Allowances under this clause shall be varied in accordance with adjustments to the Camping Allowance in accordance with the GOSAC Award 1989.


50. – PROTECTIVE CLOTHING ALLOWANCE

(1) An officer engaged on work which requires the provision of protective clothing shall be:

(a) provided with the requisite protective clothing, with the laundering costs for such protective clothing being at the expense of the employer.

Provided that nothing contained in this clause shall affect the obligations of the employer to provide clothing pursuant to the Occupational Safety and Health Act 1984.


51. – PRESERVATION OF RIGHTS

(1) As a result of this Order, nothing herein contained shall in itself operate so as to detrimentally alter the conditions of employment or salary that is the minimum prescribed in this Agreement or any benefit superior to any contained herein.


52. - PROCEDURE FOR CLASSIFYING AN OFFICE

(1) Following the completion of the review conducted under Clause 28 Procedure for Classifying an Office, of the Public Service General Agreement 2004 (PSAAG 2 of 2004) and in consideration of the agreed outcomes of this review, the Commission may seek to adopt the outcomes of the Review in classifying an Office.


53. – ESTABLISHMENT OF CONSULTATIVE MECHANISMS

(1) The parties to this agreement are required to establish a consultative mechanism/s and procedures appropriate to the Commission's size, structure and needs, for consultation and negotiation on matters affecting the efficiency and productivity of the Commission.


54. – CONTRACT OF APPOINTMENT – EMPLOYER RESPONSIBILITY

(1) Nothing in the entirety of this Agreement is to be interpreted as imposing upon either party an obligation or entitlement to enter into negotiations for a further term of employment, an option or right to extend the period of this appointment or to enter into a new appointment.

(2) The parties will enter into discussions prior to the expiry of the appointment.

(3) Officer’s on fixed term contracts for a term of 3 years or more will be advised by the Employer no less than 6 months prior to the cessation of the contract of the offer of employment or not.

(4) Officer’s on fixed term contracts for a term less than 3 years, but greater than 6 months, will be advised by the Employer no less than 6 months prior to the cessation of the contract of the offer of employment or not.


55. – REDEPLOYMENT & SEVERANCE

(1) Where a position is abolished the Commission will wherever possible redeploy the employee to a suitable alternative position at an equivalent salary level to the abolished position. The Commission will give consideration to the employees’ skills, training, experience and/or ability to acquire new skills when assessing a suitable alternative position.

(2) The parties intend to finalise the terms for redeployment and severance entitlements under this Agreement within 3 months of the registration of this Agreement and incorporate it into the Agreement by variation.

56 - SIGNATURE OF PARTIES





Signed 13 December 2005
Date
Toni Walkington
General Secretary
The Civil Service Association of Western Australia (Inc) Common Seal






Signed 13 / 12 / 05
Date
K J Hammond
COMMISSIONER
Corruption and Crime Commission
SCHEDULE A.

PARTIES TO AGREEMENT


The Civil Service Association of Western Australia Incorporated

The Corruption and Crime Commission



SCHEDULE B

SALARIES

To be read in conjunction with Clause 11 – Salaries.

 

Existing Salary Rates
 
$
Per Annum
 LEVELS
 
Level 1
 
Under 17 yrs
$ 15,361
17 yrs
$ 17,952
18 yrs
$ 20,940
19 yrs
$ 24,238
20 yrs
$ 27,219
1.1
$ 29,901
1.2
$ 30,821
1.3
$ 31,741
1.4
$ 32,655
1.5
$ 33,575
1.6
$ 34,495
1.7
$ 35,552
1.8
$ 36,284
1.9
$ 37,366
 

LEVEL 2.1
$ 38,661
2.2
$ 39,655
2.3
$ 40,699
2.4
$ 41,803
2.5
$ 42,957
 

LEVEL 3.1
$ 44,543
3.2
$ 45,780
3.3
$ 47,054
3.4
$ 48,362
 

LEVEL 4.1
$ 50,156
4.2
$ 51,562
4.3
$ 53,008
 

LEVEL 5.1
$ 55,795
5.2
$ 57,677
5.3
$ 59,633
5.4
$ 61,664
 

LEVEL 6.1
$ 64,928
6.2
$ 67,148
6.3
$ 69,445
6.4
$ 71,898
 

LEVEL 7.1
$ 75,659
7.2
$ 78,260
7.3
$ 81,092
 

LEVEL 8.1
$ 85,693
8.2
$ 88,989
8.3
$ 93,076
 

LEVEL 9.1
$ 98,180
9.2
$ 101,628
9.3
$ 105,561
 

CLASS 1
$ 111,509
CLASS 2
$ 117,458
CLASS 3
$ 123,402
CLASS 4
$ 129,350


(2) Salary increases resulting from State Wage Case Decisions are calculated for those officers under the age of 21 years employed at Level 1 by dividing the current junior annual salary by the current Level 1.1 annual salary and multiplying the result by the new Level 1.1 annual salary which includes the State Wage Case increase. The following formula is to be applied:

Current junior rate
Current Level 1.1 rate
x
New Level 1.1 rate
=
New junior rate


SCHEDULE . – C

SALARIES –SPECIFIED CALLINGS

(1) Officers, who possess a relevant tertiary level qualification, or equivalent determined by the Corruption and Crime Commission, and who are employed in the callings of Librarian, or any other professional calling determined by the Commissioner, Corruption and Crime Commission, shall be entitled to annual salaries as contained in Schedule B.

SCHEDULE 2 - SALARIES – SPECIFIED CALLINGS

 

Existing Salary rates
 
$
Per Annum
 LEVELS
 
LEVEL 2/4
 
1st year
$ 38,661
2nd year
$ 40,699
3rd year
$ 42,957
4th year
$ 45,780
5th year
$ 50,156
6th year
$ 53,008
 

LEVEL 5.1
$ 55,795
5.2
$ 57,677
5.3
$ 59,633
5.4
$ 61,664
 

LEVEL 6.1
$ 64,928
6.2
$ 67,148
6.3
$ 69,445
6.4
$ 71,898
 

LEVEL 7.1
$ 75,659
7.2
$ 78,260
7.3
$ 81,092
 

LEVEL 8.1
$ 85,693
8.2
$ 88,989
8.3
$ 93,076
 

LEVEL 9.1
$ 98,180
9.2
$ 101,628
9.3
$ 105,561
 

CLASS 1
$ 111,509
CLASS 2
$ 117,458
CLASS 3
$ 123,402
CLASS 4
$ 129,350

SCHEDULE D

MOTOR VEHICLE ALLOWANCE

AS FROM 18 SEPTEMBER 2003

Part I - Motor Car

Area Details
Rate (cents) per kilometre
Engine Displacement (in cubic centimetres)

Over 2600cc
Over 1600cc
to 2600cc
1600cc
and under
Metropolitan Area







First 4000 kilometres
149.7
126.6
102.2
Over 4000 up to 8000 kms
61.7
52.7
44.0
Over 8000 up to 16000 kms
32.4
28.1
24.6
Over 16000 kms
34.0
28.8
24.7




South West Land Division







First 4000 kilometres
154.3
130.9
106.4
Over 4000 up to 8000 kms
64.0
54.8
46.0
Over 8000 up to 16000 kms
33.9
29.4
25.8
Over 16000 kms
35.2
29.7
25.5




North of 23.5o South Latitude







First 4000 kilometres
170.9
145.4
118.9
Over 4000 up to 8000 kms
70.3
60.2
50.7
Over 8000 up to 16000 kms
36.7
31.9
28.0
Over 16000 kilometres
36.3
30.6
26.3




Rest of State







First 4000 kilometres
159.2
134.8
109.2
Over 4000 up to 8000 kms
66.0
56.4
47.2
Over 8000 up to 16000 kms
34.9
30.2
26.5
Over 16000 kilometres
35.7
30.1
25.9

Part II - Motor Car

Area Details
Rate (cents) per kilometre
Engine Displacement (in cubic centimetres)

Over 2600cc
Over 1600cc
to 2600cc
1600cc
and under
Metropolitan Area
69.0
58.9
48.9
South West Land Division
71.5
61.1
51.0
North of 23.5o South Latitude
78.7
67.3
56.4
Rest of the State
73.7
62.9
52.4

Part III - Motor Cycle

Rate – Cents per kilometre
23.9

MAPS



SCHEDULE E

CLAUSE 20. - OVERTIME


PART I - OUT OF HOURS CONTACT

(Operative from the first pay period on or after 23 August 2004)

Standby
$6.89 per hour
On Call
$3.45 per hour
Availability
$1.72 per hour

PART II - MEALS

(Operative from the first pay period commencing on or from 19 October 2005)

Breakfast
$8.25 per meal
Lunch
$10.15 per meal
Evening Meal
$12.20 per meal

SCHEDULE F. –

SHIFTWORK ALLOWANCE

(Operative on and from 23 August 2004)

A shift work allowance of $15.84 is payable for each afternoon or night shift of seven and one half (7.5) hours worked.

The shift work allowance calculation is 12.5% of the daily salary rate for a Level 1, Year 7 officer.

SCHEDULE G – TRAVELLING ALLOWANCE



COLUMN A
ITEM
PARTICULARS
DAILY RATE








$
1
WA - South of 26o South Latitude
11.35
2
WA - North of 26o Latitude
14.60
3
Interstate
14.60


$
4
WA – Metropolitan Hotel or Motel
181.20
5
Locality South of 26o South Latitude
163.00
6
Locality North of 26o South Latitude





Broome
253.80

Carnarvon
208.70

Dampier
203.00

Derby
176.35

Exmouth
215.10

Fitzroy Crossing
303.10

Gascoyne Junction
128.10

Halls Creek
243.60

Karratha
320.35

Kununurra
253.30

Marble Bar
178.60

Newman
247.95

Nullagine
154.00

Onslow
202.05

Pannawonica
175.45

Paraburdoo
241.60

Port Hedland
220.10

Roebourne
131.20

Sandfire
159.60

Shark Bay
175.00

Tom Price
211.60

Turkey Creek
165.60

Wickham
301.60

Wyndham
158.10



7
Interstate - Capital City





Sydney
240.00

Melbourne
240.35

Other Capitals
203.15
8
Interstate – Other than Capital City
163.00

ACCOMMODATION INVOLVING AN OVERNIGHTS STAY AT OTHER THAN A HOTEL OR MOTEL

9
WA - South of 26o South Latitude
75.75
10
WA - North of 26o South Latitude
92.05
11
Interstate
92.05

TRAVEL NOT INVOLVING AN OVERNIGHT STAY OR TRAVEL INVOLVING AN OVERNIGHT STAY WHERE ACCOMMODATION ONLY IS PROVIDED.

12
WA - South of 26o South Latitude


Breakfast
13.65

Lunch
13.65

Dinner
37.15

13
WA - North of 26o South Latitude


Breakfast
15.35

Lunch
26.60

Dinner
35.50

14
Interstate

Breakfast
15.35

Lunch
26.60

Dinner
35.50

DEDUCTION FOR NORMAL LIVING EXPENSES

15
Each Adult
21.95
16
Each Child
3.75

MIDDAY MEAL

17
Rate per meal
5.30
18
Maximum reimbursement per pay
period.
26.50


SCHEDULE H


CLAUSE 49. – CAMPING ALLOWANCE

South of 26° South Latitude

ITEM RATE PER DAY

1 Permanent Camp Cook provided by the Department 32.70

2 Permanent Camp No cook provided by the Department 43.55

3 Other Camping Cook provided by the Department 54.45


4 Other Camping No cook provided 65.35


North of 26° South Latitude

ITEM RATE PER DAY

1 Permanent Camp Cook provided by the Department 40.80

2 Permanent Camp No cook provided by the Department 51.70

3 Other Camping Cook provided by the Department 62.60

4 Other Camping No cook provided 73.50


SCHEDULE I:

COMPOSITE SALARY LOADINGS FOR SPECIFIED OFFICERS

1. Electronic Collections Unit (ECU) Officers - Monitor and Team Leader, Monitors (Composite 20%)

(a) The ordinary hours of duty shall be 37.5 hours per week. Officers will also work those hours designed to meet the responsibilities of their tasks, as directed by the Employer. In circumstances where the Employer may require an officer to work additional hours above the ordinary hours of duty, the requirement shall be reasonable having regard to:

(i) any risk to officer health and safety;
(ii) the officer’s personal circumstances including family responsibilities;
(iii) the needs of the workplace;
(iv) the employer providing as much notice as is practicable; and
(v) any other relevant factors

(b) Managers have the discretion to offer periods of approved paid absence. Approved absences can arise where the line Manager and officer agree that the officer has performed duties above and beyond what would be considered reasonable of a composite salaried officer. Managers also have the discretion to offer periods of approved paid and unpaid absence to these officers for personal reasons. All such absences must be approved in writing.

(c) An officer is required to have a continuous period of 10 hours off duty between the normal hours of duty at the end of one day and before the normal hours of duty are to commence the next succeeding day.

(d) The officers shall receive one extra week’s additional paid annual leave for being rostered on duty on Sundays and/or public holidays.

(e) The officers shall receive an additional 10 days normal salary (non-composite) at ordinary time, as prescribed by Schedule B – Salaries of this Agreement, representing compensation for the ten public holidays during a calendar year, that includes both days rostered on and rostered off duty. The additional salary will be paid with the normal fortnightly salary as a lump sum in January of each year.

(f) The officers shall receive a composite salary loading of 20% of their normal annual salary, as prescribed by Schedule B – Salaries, of this Agreement. The composite salary loading forms part of the officer’s salary for all purposes and will be paid fortnightly, corresponding to the officers normal pay periods.

(g) There is no intention for Monitors/Team Leaders to be placed 'on-call'. In the eventuality that a Monitor/Team Leader is placed on-call, it will not be for a period greater than one (1) seven (7) day period in every ten (10) weeks. Monitors/Team Leaders in receipt of a composite salary will not receive an on-call allowance.

2. Operations Officers - Composite (10%) - (Analysts, Investigators, Operational Lawyers, and Manager, Investigations)

(a) The ordinary hours of duty shall be 37.5 hours per week, to be worked between 7.00am and 6.00pm Monday to Friday. Officers will also work those hours designed to meet the responsibilities of their tasks, as directed by the Employer. In circumstances where the Employer may require an officer to work additional hours above the ordinary hours of duty, the requirement shall be reasonable having regard to:

(i) any risk to officer health and safety;
(ii) the officer’s personal circumstances including family responsibilities;
(iii) the needs of the workplace;
(iv) the employer providing as much notice as is practicable; and
(v) any other relevant factors

(b) Managers have the discretion to offer periods of approved paid absence. Approved absences can arise where the line Manager and officer agree that the officer has performed duties above and beyond what would be considered reasonable of a composite salaried officer. Managers also have the discretion to offer periods of approved paid and unpaid absence to these officers for personal reasons. All such absences must be approved in writing.

(c) Investigators are ‘on-call’ for one consecutive seven-day period once in twelve weeks based on operational requirements. They shall not receive the ‘on call’ allowance as prescribed by Part I of Schedule E of the Agreement, for this specific period of time.

(d) An Officer is required to have a continuous period of 10 hours off duty between the normal hours of duty at the end of one day and before the normal hours of duty are to commence the next succeeding day.

(e) The officers shall receive a composite salary loading of 10% of their normal annual salary, as prescribed by either Schedule B – Salaries, or Schedule C – Salaries Specified Callings, of this Agreement. The composite salary loading forms part of the officer salary for all purposes and will be paid fortnightly, corresponding to the officers normal pay periods.

3. Operation Support Unit Officers –Surveillance Officers, Manager, OSU (Composite 20%)

(a) The ordinary hours of duty shall be 37.5 hours per week, to be worked between 7.00am and 6.00pm Monday to Friday. Officers will also work those hours designed to meet the responsibilities of their tasks, as directed by the Employer. In circumstances where the Employer may require an officer to work additional hours above the ordinary hours of duty, the requirement shall be reasonable having regard to:

(i) any risk to officer health and safety;
(ii) the officer’s personal circumstances including family responsibilities;
(iii) the needs of the workplace; and
(iv) the employer providing as much notice as is practicable.
(v) any other relevant factors

(b) Managers have the discretion to offer periods of approved paid absence. Approved absences can arise where the line Manager and officer agree that the officer has performed duties above and beyond what would be considered reasonable of a composite salaried officer. Managers also have the discretion to offer periods of approved paid and unpaid absence to these officers for personal reasons. All such absences must be approved in writing.

(c) Officers will be ‘on call’ for one consecutive seven day period no more than one consecutive sevenday period every three weeks.

(d) Officers shall be provided with 2 days off in any working (7-day) week, which may fall on any two days of the week, by agreement.

(e) The officers shall receive one extra week’s additional paid annual leave for being rostered on duty on Sundays and/or public holidays.

(f) The officers shall receive a composite salary loading of 20% of their normal annual salary, as prescribed by Schedule B – Salaries, of this Agreement. The composite salary loading forms part of the officer’s salary for all purposes and will be paid fortnightly, corresponding to the officers normal pay periods.

4. Manager, IT and Communications, Systems & Security Administrator - Composite (10%)

(a) The ordinary hours of duty shall be 37.5 hours per week, to be worked between 7.00am and 6.00pm Monday to Friday. Officers will also work those hours designed to meet the responsibilities of their tasks, as directed by the Employer. In circumstances where the Employer may require an officer to work additional hours above the ordinary hours of duty, the requirement shall be reasonable having regard to:

(i) any risk to officer health and safety;
(ii) the officer’s personal circumstances including family responsibilities;
(iii) the needs of the workplace;
(iv) the employer providing as much notice as is practicable; and
(v) any other relevant factors

(b) Managers have the discretion to offer periods of approved paid absence. Approved absences can arise where the line Manager and officer agree that the officer has performed duties above and beyond what would be considered reasonable of a composite salaried officer. Managers also have the discretion to offer periods of approved paid and unpaid absence to these officers for personal reasons. All such absences must be approved in writing.

(c) The officers shall receive a composite salary loading of 10% of their normal annual salary, as prescribed by either Schedule B – Salaries, or Schedule C – Salaries Specified Callings, of this Agreement. The composite salary loading forms part of the officer salary for all purposes and will be paid fortnightly, corresponding to the officers normal pay periods.

5. Manager, Security & Deputy Director, Operations - Composite (20%)

(a) The ordinary hours of duty shall be 37.5 hours per week, to be worked between 7.00am and 6.00pm Monday to Friday. Officers will also work those hours designed to meet the responsibilities of their tasks, as directed by the Employer. In circumstances where the Employer may require an officer to work additional hours above the ordinary hours of duty, the requirement shall be reasonable having regard to:

(i) any risk to officer health and safety;
(ii) the officer’s personal circumstances including family responsibilities;
(iii) the needs of the workplace;
(iv) the employer providing as much notice as is practicable; and
(v) any other relevant factors

(b) Managers have the discretion to offer periods of approved paid absence. Approved absences can arise where the line Manager and officer agree that the officer has performed duties above and beyond what would be considered reasonable of a composite salaried officer. Managers also have the discretion to offer periods of approved paid and unpaid absence to these officers for personal reasons. All such absences must be approved in writing.

(c) The officers shall receive a composite salary loading of 20% of their normal annual salary, as prescribed by either Schedule B – Salaries, or Schedule C – Salaries Specified Callings, of this Agreement. The composite salary loading forms part of the officer salary for all purposes and will be paid fortnightly, corresponding to the officer normal pay periods.

(d) The Manager, Investigations and the Manager, Security will share ‘on call’ duties.

6. Commission Hearing Officers - Composite (20%)

(a) The average ordinary hours of duty shall be 37.5 hours per week.

(b) All overtime worked is to be approved by management in consultation with Commission Hearing Officers.

(c) Officers required to work an additional shift or part thereof will be paid overtime rates at time and one half of their normal salary as prescribed by Schedule B –Salaries of this Agreement.

(d) The officers shall receive one extra week’s additional paid annual leave for being rostered on duty on Sundays and/or public holidays.

(e) The officers shall receive a composite salary loading of 20% of their normal annual salary, as prescribed by either Schedule B – Salaries, of this Agreement. The composite salary loading forms part of the officer salary for all purposes and will be paid fortnightly, corresponding to the officers normal pay periods. The composite of 20% incorporates all shift and weekend penalty rates.

(f) The officers shall receive an additional 10 days normal salary (non-composite) at ordinary time, as prescribed by Schedule B – Salaries of this Agreement, representing compensation for the ten public holidays during a calendar year, that includes both days rostered on and rostered off duty. The additional salary will be paid with the normal fortnightly salary as a lump sum in January of each year.