Civil Service Association of Western Australia Incorporated -v- Director General, Department of Education and Training

Document Type: Order

Matter Number: P 45/2005

Matter Description: Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No 5 of 1983

Industry: Education

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner P E Scott

Delivery Date: 9 Mar 2006

Result: Award varied

Citation: 2006 WAIRC 03915

WAIG Reference: 86 WAIG 471

DOC | 185kB
2006 WAIRC 03915
EDUCATION DEPARTMENT MINISTERIAL OFFICERS SALARIES ALLOWANCES AND CONDITIONS AWARD 1983 NO 5 OF 1983
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
APPLICANT
-V-
DIRECTOR GENERAL, DEPARTMENT OF EDUCATION AND TRAINING
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
COMMISSIONER P E SCOTT
DATE THURSDAY, 9 MARCH 2006
FILE NO P 45 OF 2005
CITATION NO. 2006 WAIRC 03915

Result Award varied


Order

HAVING heard Mr B Cusack on behalf of the applicant and Mr D Newman on behalf of the respondent, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No. 5 of 1983 be varied in accordance with the following Schedule and that such variation shall have effect on and from 23rd day of February 2006.






COMMISSIONER P E SCOTT
PUBLIC SERVICE ARBITRATOR


SCHEDULE


1. Clause 2. – Arrangement: Directly after 7. Contract of Service insert new number and name as follows:

7B Transitional Arrangements – 2005 Workload Recognition


2. Clause 7. – Contract of Service: Directly after this clause insert new number, title and clause as follows:

7B. – TRANSITIONAL ARRANGEMENTS – 2005 WORKLOAD RECOGNITION

Hours of Work

(1) To facilitate the changes in Registrars’, School Officers’, Library Assistants’ and Laboratory Technicians’ full- time weekly hours of work from 32.5 hours to 37.5 hours, the following will apply:

(a) An employee currently working 32.5 hours per week may apply to the employer, in writing, to increase their hours of work to 37.5 hours per week.

(b) An employee currently working less than 32.5 hours per week may apply to the employer, in writing, to increase their hours of work in order to maintain their current work fraction (for example, an employee currently working 16.25 hours per week would be a fraction of 0.5 FTE. That employee may apply to increase their hours to 18.75 hours per week, thereby maintaining a fraction of 0.5 FTE of the new full-time weekly hours).

(c) With reference to subclause (1)(a) and subclause(1)(b), an application must be received by the employer by no later than close of business 30 June 2005.

(d) Where an employee is on extended leave, or otherwise absent from the workplace for an extended period of time, during the transition to 37.5 hours and has not already made an election to increase their hours of work; the following process applies:

(i) Within two (2) weeks of resuming work the employer is to advise the employee that the employee may elect to increase their hours of work in accordance with subclauses (l)(a) and (b) of this clause.

(ii) The employee must make an election to increase hours of work within four (4) weeks of returning to work.

(e) Employees who are working on secondment. temporary deployment or on fixed-term contracts to cover the temporary absence of the substantive holder of the position may elect to increase their hours of work for the period of the secondment, temporary deployment or fixed-term contract, provided that the substantive holder of the position has elected to increase their hours of work when they return to their substantive position.

(f) An employee who does not apply to the employer in accordance with subclause (l)(c) will become a par-time employee working on the fraction their current weekly working hours bear to 37.5 hours per week, effective 1 May 2005 (for example, a current full-time employee working 32.5 hours per week who remains on 32.5 hours will become a part-time employee on a fraction of 0.87 FTE).

Salaries

(2) An employee who applies to the employer in accordance with subclause (l)(c) will be paid for the extra hours worked from the date the extra hours are commenced.

Allowances

(3) An employee who does not elect to increase their hours of work in accordance with subclause (l)(a) or subclause (l)(b) will have their current allowance rates maintained.

(4) Allowances will be maintained until such time as the appropriate pro-rata allowance rate in each respective allowance schedule equals the maintained rate.

(5) The employer will review allowances annually to ensure that no employee is disadvantaged by this clause.


3. Clause 8. – Part-Time Employment:

A. Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Definitions

(a) Part-time employment is defined as regular and continuing employment of less than 37.5 hours per week by permanent or fixed term contract staff.

B. Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) The Hours of Duty will be in accordance with Clause 13. - Hours of Duty of this Award, including flexible working hours.

(a) The employer shall specify in writing before a part-time officer commences duty, the prescribed weekly and daily hours of duty for the officer including starting and finishing times each day ("ordinary hours").

(b) The employer shall give an officer one (1) month's notice of any proposed variation to that officer's starting and finishing times and/or particular days worked, provided that the employer shall not vary the officer's total weekly hours of duty without the officer's prior written consent, a copy of which shall be sent to the designated officer at the Association.

(c) All variations to an officer's working hours must be agreed to in writing by the part-time officer.

If agreement is reached to vary an officer's ordinary working hours pursuant to this subclause:

(i) Time worked to 7.5 hours on any day is not to be regarded as overtime but an extension of the contract hours for that day and should be paid at the normal rate of pay.

(ii) Overtime shall not be payable unless the total time worked on any day exceeds 8 hours.

(iii) Additional days worked, up to a total of five days per week, are also regarded as an extension of the contract and should be paid at the normal rate. Days worked on a Saturday or Sunday are to be paid in accordance with Clause 15. - Overtime Allowance of this Award.

(iv) Nothing in this clause prevents an officer working flexible working hours in accordance with clause 13(3) of this Award.

C. Delete subclause (4)(a) of this clause and insert the following in lieu thereof:

(4) Salary and Annual Increments

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

Hours worked per fortnight
X
Full-time fortnightly salary
75
1


4. Clause 9. – Casual Employment: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Salary

(a) A casual officer shall be paid for each hour worked at the appropriate classification contained in Clause 10. - Salaries of this Award in accordance with the following formula:

Fortnightly Salary
75

With the addition of twenty percent in lieu of annual leave, sick leave, long service leave and payment for public holidays.


5. Clause 10. – Salaries:

A. Delete subclause (2) of this clause and insert the following in lieu thereof:

(2) (a) Officer Level 1


Arbitrated Safety Net Adjustment
75 Hours Total Salary Per Annum
Level 1
$
$
1st year (21 years)
5,981
26,698
2nd year
5,981
27,306
3rd year
5,981
27,914
4th year
6,066
28,615
5th year
6,066
29,222
6th year
6,066
29,829
7th year
5,982
30,431
8th year
5,982
30,914
9th year
5,982
31,629

(b) Officer Level 2


Arbitrated Safety Net Adjustment
75 Hours Total Salary Per Annum
Level 2
$
$
1st year
5,982
32,484
2nd year
5,982
33,139
3rd year
5,982
33,829
4th year
5,982
34,557
5th year
5,982
35,319

(c) Officer Level 3


Arbitrated Safety Net Adjustment
75 Hours Total Salary Per Annum
Level 3
$
$
1st year
5,982
36,367
2nd year
5,982
37,183
3rd year
5,982
38,024
4th year
5,982
38,790

(d) Officer Level 4


Arbitrated Safety Net Adjustment
75 Hours Total Salary Per Annum
Level 4
$
$
1st year
5,982
39,974
2nd year
5,898
40,805
3rd year
5,898
41,760

(e) Officer (Junior)

Officers employed below the age of 21 years are to be paid to maintain current salary relativities as the corresponding salaries in the Public Service Award 1992, according to the following formula:

Education Department Ministerial Officer Salary:

Public Service Award 1992 salary
x
48.5


52


Arbitrated Safety Net Adjustment
75 Hours Total Salary Per Annum
Junior Level
$
$
Under 17 years
2,708
13,715
17 years
3,165
16,028
18 years
3,691
18,698
19 years
4,274
21,642
20 years
4,799
24,304

B. Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Where an occupant of such office is employed for less than 37.5 hours per week, the salary paid shall be in accordance with the following formula:-

Hours worked per fortnight / 75 x FullTime Fortnightly Salary.

C. Delete subclause (5) of this clause and insert the following in lieu thereof:

(5) The hourly rate shall be computed as one seventy-fifth of the fortnight's salary.


6. Clause 13. – Hours of Duty: Delete this clause and insert the following in lieu thereof:

(1) The span of hours is between 7.00 am and 6.00 pm Monday to Friday. Subject to the agreement of the officers and line manager, officers may elect in writing to work in accordance with flexible working arrangements or standard hours prescribed by this subclause.

(2) Normal Standard Hours

(a) Except as provided in this clause, the ordinary hours of work shall be 150 hours per four weekly period with an average of 37.5 hours per week to be worked between the hours of 7.00am and 6.00pm Monday to Friday.

(b) The normal hours of work are 7.5 hours per day. Officers are required to work 41 weeks per year.

(c) The hours of duty can be varied by way of mutual agreement recorded in writing between the officer and their line manager. Officers shall not be coerced into varying their hours.

(3) Flexible Hours

(a) Subject to the approval of the line manager, officers may elect, in writing, to vary their starting and finishing times between the hours of 7.00 am and 6.00 pm Monday to Friday to a maximum of 150 per fourweekly period and to work variable weekly hours.

(b) Arrangement for working hours are to be agreed between the officer and their line managers. Officers shall not be coerced into working flexible working hours.

(c) A maximum of ten (10) hours per day may be worked where officers agree, provided that the ordinary hours worked in a week do not exceed 50 hours (subject to pro rata hours for part-time officers).

(d) Ordinary hours shall be consecutive except for a meal break of at least 30 minutes, provided that an officer shall not be required to work more than five hours consecutively without a break.

(e) Officers shall not be required to recommence work until at least ten (10) hours have elapsed from the time the previous work has ceased.

(f) Within each four week period, extra hours worked may be accumulated to a maximum of 37.5 and used at a later date.

(g) Accumulated hours may be cleared in the form of hours, days, or weeks off, as agreed between officers and their line managers.

(h) It is the officer's responsibility to arrange to clear accrued hours. The hours will be cleared in either the financial year or the calendar year in which they were accrued, as agreed between the officer and their line manager. Hours that cannot be cleared will be paid out at the ordinary rate of pay.

(4) Remote Teaching Service

The parties agree that officers may, by agreement with all parties, to meet the needs of remote schools, vary the school year and hours per day to take into account educational, cultural, climate and local factors. The Principal will negotiate school hours and days of attendance and the officers will be consulted and have a choice of undertaking these changes. The total hours worked in any one year will still equal the total hours that would have been worked if the school year had not been varied by this Agreement. Total hours to be worked in a year are 1537.5 (41 weeks x 37.5 hours p.a.).


7. Clause 15. – Overtime Allowance:

A. Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) For the purposes of this Clause, the following terms shall have the following meanings:

(a) "Overtime" means all work performed only at the direction of the Employer or a duly authorised officer outside the ordinary hours of duty. Overtime provisions shall apply to time worked by direction in excess of 7.5 hours on any working day or more than 75 hours per fortnight in accordance with the provisions of the award.

(b) "Emergency Duty" means duty by an officer required to return to duty, without prior notice, to meet an emergency at a time that the officer would not ordinarily have been on duty.

(c) "Ordinary hours of duty" means an officer's normal working hours as prescribed by the Employer in accordance with Clause 13. - Hours of Duty, of this Award.

(d) "Duly authorised officer" means an officer or officers appointed in writing by the Employer for the purpose of authorising overtime.

(e) "A day" shall mean from midnight to midnight.

(f) "Public Holiday" means the days prescribed as Public Holidays or in Clause 17. - Public Holidays of this award.

(g) "Ordinary travelling time" means time that an officer would have ordinarily spent in travelling once daily from the officer's home to the officer's usual headquarters and home again.

(h) "Excess travelling time" means all time travelled on official business outside ordinary hours of duty and away from the officer's usual headquarters in accordance with subclause (7) of this Clause.

(i) "Fortnightly salary" means an officer's substantive salary exclusive of any allowances such as the district allowance, personal allowance, qualifications allowance, efficiency allowance, service allowance, special allowance, or higher duties allowance unless otherwise approved by the Employer. Provided that a special allowance or higher duties allowance shall be included in "fortnightly salary" when overtime is worked on duties for which these allowances are specifically paid.

(j) "Commuted overtime" means an agreed allowance negotiated between the Association and the Employer, paid in lieu of actual overtime worked for a group of officers occupying positions which require work to be performed consistently and regularly outside and in excess of the ordinary hours of duty.

(k) "Out of hours contact" shall include the following:

STANDBY - shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an officer to remain at the officer's place of employment during any period outside the officer's normal hours of duty, and to perform certain designated tasks periodically or on an irregular basis. Such officer shall be provided with appropriate facilities for sleeping if attendance is overnight, and other personal needs, where practicable.

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

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

ON CALL - shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an officer rostered to remain at the officer's residence or to otherwise be immediately contactable by telephone or other means outside the officer's normal hours of duty in case of a call out requiring an immediate return to duty.

AVAILABILITY - shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an officer to remain contactable, but not necessarily immediately contactable by telephone or other means, outside the officer's normal hours of duty and be available and in a fit state at all such times for recall to duty.

"Availability" will not include situations in which officers carry telephones or other means or make their telephone numbers or other contact details available only in the event that they may be needed for casual contact or recall to work. Subject to subclause (3) of this Clause recall to work under such circumstances would constitute emergency duty in accordance with subclause (6) of this Clause.

B. Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Overtime

(a) An officer who works overtime for a greater period than 30 minutes, shall be entitled to payment in accordance with paragraph (d) of this subclause, or time off in lieu of payment in accordance with paragraph (b) of this subclause, or any combination of payment or time off in lieu.

(b) Time off in lieu

(i) Where the officer or the Employer or the duly authorised officer, so elects in writing prior to overtime being worked, time off in lieu of payment for overtime worked may be taken in accordance with the time ratios in paragraph (d) of this subclause.

(ii) The officer shall be required to clear accumulated time off in lieu within two months of the overtime being performed, provided that by written agreement between the officer and the Employer, or duly authorised officer, time off in lieu of payment for overtime may be accumulated beyond two months from the time the overtime is performed so as to be taken in conjunction with periods of approved leave.

(iii) If the department is unable to release the officer to clear such leave within two months of the overtime being performed, and no further agreement prescribed in subparagraph (ii) of this paragraph is reached, then the officer shall be paid for the overtime worked.

(c) Commuted Allowance

Any commuted allowance and/or time off in lieu of overtime, other than that provided in paragraph (b) of this subclause, shall be negotiated between the Association and the Employer.

(d) Payment for Overtime

Payment for overtime shall be calculated on an hourly basis in accordance with the following formula:

(i) Weekdays

For the first three hours worked outside the ordinary hours of duty on any one weekday at the rate of time and one half:

i.e
Fortnightly Salary
x
3

75

2


After the first three hours on any one week day at the rate of double time:

i.e
Fortnightly Salary
x
2

75

1

(ii) Saturdays

For the first three hours on any Saturday, before 12.00 noon, at the rate of time and one half:

i.e
Fortnightly Salary
x
3

75

2

After the first three hours or after 12.00 noon, whichever is the earlier, on any Saturday at the rate of double time:

i.e
Fortnightly Salary
x
2

75

1

(iii) Sundays

For all hours on any Sunday, at the rate of double time:

i.e
Fortnightly Salary
x
2

75

1

(iv) Public Holidays

For hours worked during ordinary hours of duty on any Public Holiday at the rate of time and one half (in addition to the normal pay for that day):

i.e
Fortnightly Salary
x
3

75

2

For hours worked outside of the ordinary hours of duty on any Public Holiday at the rate of double time and a half:

i.e
Fortnightly Salary
x
5

75

2

(e) Long Service Leave

An officer directed to return to duty during periods of long service leave shall be deemed to be no longer on leave for the duration of that period of duty.

(i) If the officer is directed to return to duty during a period of leave during ordinary hours of duty, then that officer shall be recredited with that leave for the same number of hours of duty performed.

(ii) If the officer is directed to return to duty during a period of leave outside of ordinary hours of duty, then that officer shall be entitled to payment of overtime in accordance with subclause (3) of this clause.

(f) Minimum Periods for Return to Duty

(i) An officer, having received prior notice, who is required to return to duty:

(aa) on a Saturday, Sunday or Public Holiday, otherwise than during ordinary hours of duty, shall be entitled to payment at the rate in accordance with paragraph (d) of this subclause for a minimum of three hours;

(bb) before or after the ordinary hours of duty on a weekday shall be entitled to payment at the rate in accordance with paragraph (d) of this subclause for minimum period of one and one half hours;

(ii) For the purpose of this subclause, where an officer is required to return to duty more than once, each duty period shall stand alone in respect to the application of minimum period payment except where the second or subsequent return to duty is within any such minimum period.

(iii) The provisions of this subparagraph shall not apply in cases where it is customary for an officer to return to the place of employment to perform a specific job outside the ordinary hours of duty, or where the overtime is continuous (subject to a meal break) with the completion or commencement of prescribed hours of duty.

(g) Overtime at a Place Other than Usual Headquarters

(i) When an officer is directed to work overtime at a place other than usual headquarters, and provided that the place where the overtime is to be worked is situated in the area within a radius of fifty (50) kilometres from usual headquarters, and the time spent in travelling to and from that place is in excess of the time which an officer would ordinarily spend in travelling to and from usual headquarters, and provided such travel is undertaken on the same day as the overtime is worked, then such excess time shall be deemed to form part of the overtime worked.

(ii) Except as provided in paragraph (e) of subclause (5) and paragraph (b) of subclause (6) of this clause, when an officer is directed to work overtime at a place other than usual headquarters, and provided that the place where the overtime is to be worked is situated outside the area within a radius of fifty (50) kilometres from usual headquarters and the time spent in travelling to and from that place is in excess of the time which the officer would ordinarily spend in travelling to and from usual headquarters, then the officer shall be granted time off in lieu of such excess time spent in actual travel in accordance with subclause (7) Excess Travelling Time of this clause.

(h) Ten Hour Break

(i) When overtime is worked, a break of not less than ten (10) hours shall be taken between the completion of work on one day and the commencement of work on the next, without loss of salary for ordinary working time occurring during such absence.

(ii) Provided that where an officer is directed to return to or continue work without the break provided in subparagraph (i) of this paragraph then the officer shall be paid at double the ordinary rate until released from duty, or until the officer has had ten consecutive hours off duty without loss of salary for ordinary working time occurring during such absence.

(iii) The provisions of subparagraphs (i) and (ii) of this paragraph, shall not apply to officers included in subclause (5) of this clause.

C. Delete subclause (5) of this clause and insert the following in lieu thereof:

(5) Out of Hours Contact

(a) Except as otherwise agreed between the employer and the Association, an officer who is required by the Employer or a duly authorised officer to be on "out of hours contact" during periods off duty shall be paid an allowance in accordance with the following formulae for each hour or part thereof the officer is on "out of hours contact".

Standby

Level 2 (minimum) weekly rate
x
1
x
37.5


37.5

100

On Call

Level 2 (minimum) weekly rate
x
1
x
18.75


37.75

100

Availability

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


37.5

100

100

Such allowances are contained in Part 1 of Schedule G. - Overtime Allowance of this Award.

Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is made in accordance with the provisions of subclause (2) of this clause when the officer is recalled to work.

(b) When an officer is required to be "on call" or "availability" and the means of contact is to be by landline or satellite telephone fixed at the officer's residence the Department shall:

(i) Where the telephone is not already installed, pay the cost of such installation.

(ii) Where an officer pays or contributes towards the payment of the rental of such telephone, pay the officer 1/52nd of the annual rental paid by the officer for each seven days or part thereof on which an officer is rostered to be "on call" or "availability".

(iii) Provided that where as a usual feature of the duties an officer is regularly rostered to be on "on call" or "availability", pay the full amount of the telephone rental.

(iv) When an officer is required to be "on call" or "available" and the means of contact is other than a landline/satellite telephone fixed at the officer's residence, the employer shall provide the officer with the means of contact free of charge for the purposes of work related activity.

(c) An officer shall be reimbursed the cost of all telephone calls made on behalf of the employer as a result of being on out of hours contact.

(d) Where an officer rostered for "on call" or "availability" is recalled to duty during the period for which the officer is on "out of hours contact" then the officer shall receive payment for hours worked in accordance with subclause (2) of this clause.

(e) Where an officer rostered for "on call" or "availability" is recalled to duty, the time spent travelling to and from the place at which duty is to be performed, shall be included with actual duty for the purposes of overtime payment.

(f) Minimum payment provisions do not apply to an officer rostered for "out of hours contact" duty.

(g) An officer in receipt of an "out of hours contact" allowance and who is recalled to duty shall not be regarded as having performed emergency duty in accordance with subclause (6) of this clause.

(h) Officers subject to this clause shall, where practicable, be periodically relieved from any requirement to hold themselves on "standby", "on call" or "availability".

(i) No officer shall be on out of hours contact after the last working day preceding a period of school vacation leave or long service leave.


8. Clause 16. – School Vacation Leave: Delete this clause and insert the following in lieu thereof:

(1) An officer who is employed for no less than four (4) continuous weeks shall be entitled to payment for that portion of school vacation weeks in that year as is equal to 11.25 hours for each school week worked in that year, and payment shall be made:-

(a) for such portion of the school summer vacation as is equal to 11.25 hours salary for each school week worked, less any term vacation hours for which payment has already been made in that year.

(b) on resignation or termination other than termination for misconduct an amount equal to 11.25 hours salary for each school week worked, less any term vacation hours for which payment has already been made in that year.

(c) officers employed less than the full time number of hours of duty as prescribed by Clause 13. - Hours of Duty of this Award shall receive the above entitlement on a pro rata basis in the proportion which their hours of work bear to those of a full time officer.

(2) (a) A school vacation leave loading shall be included in the last payment of ordinary salary made prior to Christmas Day or in the event of a termination prior to the end of the school year in the final payment made to the officer.

(b) Subject to sub-clause (2) (c) of this clause, the leave loading shall be 17.5 per cent of four week's salary at the rate of pay applicable at the time of payment.

(c) Where an officer is employed for less than the full school year, the leave loading shall be paid on a pro rata basis in the same proportion as the number of weeks which the officer was employed to attend in the school bears to the number of weeks in the same school year.


9. Clause 19. – Sick Leave: Delete subclause (13) of this clause and insert the following in lieu thereof:

(13) War Caused Illnesses

(a) 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 112 hours 30 minutes (15 standard hour days) per annum on full pay in respect of that war caused illness. These credits shall accumulate up to a maximum credit of 337 hours and 30 minutes (45 standard hour days), and shall be recorded separately to the officer's normal sick leave credit.

(b) 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.


10. Clause 24. – Short Leave: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) (a) An employer may, upon sufficient cause being shown, grant an officer short leave on full pay not exceeding 2 consecutive working days, but any leave granted under the provisions of this clause shall not exceed, in the aggregate, 22.5 working hours in any one calendar year.

(b) Part-time officers are eligible for short leave in accordance with this clause, on a pro rata basis calculated in accordance with the following formula:

Hours worked per fortnight
x
22.5 hours
75
1

(c) An officer employed on a fixed term contract of less than twelve months shall be eligible for pro rata short leave in accordance with this clause.


11. Clause 35. – District Allowance: Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) Part Time Officers

An officer who is employed on a part time basis shall be paid a proportion of the appropriate district allowance payable in accordance with the following formula:

Hours worked per fortnight
x
Appropriate District Allowance
75

1


12. Schedule I – Expired General Agreement Salaries: Delete this schedule and insert the following in lieu thereof:

Classification Level
Annual Salary at
1-Jan-03
For a 75 hour fortnight
Level 1

Under 17 yrs
$13,323
17 yrs
$15,569
18 yrs
$18,161
19 yrs
$21,022
20 yrs
$23,607
1.1
$25,933
1.2
$26,731
1.3
$27,528
1.4
$28,321
1.5
$29,121
1.6
$29,918
1.7
$30,835
1.8
$31,470
1.9
$32,408


LEVEL 2.1
$33,533
2.2
$34,394
2.3
$35,298
2.4
$36,255
2.5
$37,258


LEVEL 3.1
$38,582
3.2
$39,705
3.3
$40,810
3.4
$41,946


LEVEL 4.1
$43,501
4.2
$44,720
4.3
$45,975

Civil Service Association of Western Australia Incorporated -v- Director General, Department of Education and Training

EDUCATION DEPARTMENT MINISTERIAL OFFICERS SALARIES ALLOWANCES AND CONDITIONS AWARD 1983 NO 5 OF 1983

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

Director General, Department of Education and Training

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Commissioner P E Scott

DATE THURSDAY, 9 MARCH 2006

FILE NO P 45 OF 2005

CITATION NO. 2006 WAIRC 03915

 

Result Award varied

 

 

Order

 

HAVING heard Mr B Cusack on behalf of the applicant and Mr D Newman on behalf of the respondent, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

 

THAT the Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No. 5 of 1983 be varied in accordance with the following Schedule and that such variation shall have effect on and from 23rd day of February 2006.

 

 

 

 

 

 

Commissioner P E Scott

PUBLIC SERVICE ARBITRATOR

 


SCHEDULE

 

 

1. Clause 2. – Arrangement:  Directly after 7. Contract of Service insert new number and name as follows:

 

7B Transitional Arrangements – 2005 Workload Recognition

 

 

2. Clause 7. – Contract of Service:  Directly after this clause insert new number, title and clause as follows:

 

7B. – TRANSITIONAL ARRANGEMENTS – 2005 WORKLOAD RECOGNITION

 

Hours of Work

 

(1) To facilitate the changes in Registrars’, School Officers’, Library Assistants’ and Laboratory Technicians’ full- time weekly hours of work from 32.5 hours to 37.5 hours, the following will apply:

 

(a) An employee currently working 32.5 hours per week may apply to the employer, in writing, to increase their hours of work to 37.5 hours per week.

 

(b) An employee currently working less than 32.5 hours per week may apply to the employer, in writing, to increase their hours of work in order to maintain their current work fraction (for example, an employee currently working 16.25 hours per week would be a fraction of 0.5 FTE.  That employee may apply to increase their hours to 18.75 hours per week, thereby maintaining a fraction of 0.5 FTE of the new full-time weekly hours).

 

(c) With reference to subclause (1)(a) and subclause(1)(b), an application must be received by the employer by no later than close of business 30 June 2005.

 

(d) Where an employee is on extended leave, or otherwise absent from the workplace for an extended period of time, during the transition to 37.5 hours and has not already made an election to increase their hours of work; the following process applies:

 

(i) Within two (2) weeks of resuming work the employer is to advise the employee that the employee may elect to increase their hours of work in accordance with subclauses (l)(a) and (b) of this clause.

 

(ii) The employee must make an election to increase hours of work within four (4) weeks of returning to work.

 

(e) Employees who are working on secondment. temporary deployment or on fixed-term contracts to cover the temporary absence of the substantive holder of the position may elect to increase their hours of work for the period of the secondment, temporary deployment or fixed-term contract, provided that the substantive holder of the position has elected to increase their hours of work when they return to their substantive position.

 

(f) An employee who does not apply to the employer in accordance with subclause (l)(c) will become a par-time employee working on the fraction their current weekly working hours bear to 37.5 hours per week, effective 1 May 2005 (for example, a current full-time employee working 32.5 hours per week who remains on 32.5 hours will become a part-time employee on a fraction of 0.87 FTE).

 

Salaries

 

(2) An employee who applies to the employer in accordance with subclause (l)(c) will be paid for the extra hours worked from the date the extra hours are commenced.

 

Allowances

 

(3) An employee who does not elect to increase their hours of work in accordance with subclause (l)(a) or subclause (l)(b) will have their current allowance rates maintained.

 

(4) Allowances will be maintained until such time as the appropriate pro-rata allowance rate in each respective allowance schedule equals the maintained rate.

 

(5) The employer will review allowances annually to ensure that no employee is disadvantaged by this clause.

 

 

3. Clause 8. – Part-Time Employment: 

 

A. Delete subclause (1) of this clause and insert the following in lieu thereof:

 

(1) Definitions

 

(a) Part-time employment is defined as regular and continuing employment of less than 37.5 hours per week by permanent or fixed term contract staff.

 

B. Delete subclause (3) of this clause and insert the following in lieu thereof:

 

(3) The Hours of Duty will be in accordance with Clause 13. - Hours of Duty of this Award, including flexible working hours.

 

(a) The employer shall specify in writing before a part-time officer commences duty, the prescribed weekly and daily hours of duty for the officer including starting and finishing times each day ("ordinary hours").

 

(b) The employer shall give an officer one (1) month's notice of any proposed variation to that officer's starting and finishing times and/or particular days worked, provided that the employer shall not vary the officer's total weekly hours of duty without the officer's prior written consent, a copy of which shall be sent to the designated officer at the Association.

 

(c) All variations to an officer's working hours must be agreed to in writing by the part-time officer.

 

If agreement is reached to vary an officer's ordinary working hours pursuant to this subclause:

 

(i) Time worked to 7.5 hours on any day is not to be regarded as overtime but an extension of the contract hours for that day and should be paid at the normal rate of pay.

 

(ii) Overtime shall not be payable unless the total time worked on any day exceeds 8 hours. 

 

(iii) Additional days worked, up to a total of five days per week, are also regarded as an extension of the contract and should be paid at the normal rate.  Days worked on a Saturday or Sunday are to be paid in accordance with Clause 15. - Overtime Allowance of this Award.

 

(iv) Nothing in this clause prevents an officer working flexible working hours in accordance with clause 13(3) of this Award.

 

C. Delete subclause (4)(a) of this clause and insert the following in lieu thereof:

 

(4) Salary and Annual Increments

 

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

 

Hours worked per fortnight

X

Full-time fortnightly salary

75

1

 

 

4. Clause 9. – Casual Employment:  Delete subclause (1) of this clause and insert the following in lieu thereof:

 

(1) Salary

 

(a) A casual officer shall be paid for each hour worked at the appropriate classification contained in Clause 10. - Salaries of this Award in accordance with the following formula:

 

Fortnightly Salary

75

 

With the addition of twenty percent in lieu of annual leave, sick leave, long service leave and payment for public holidays.

 

 

5. Clause 10. – Salaries: 

 

A. Delete subclause (2) of this clause and insert the following in lieu thereof:

 

(2) (a) Officer Level 1

 

 

Arbitrated Safety Net Adjustment

75 Hours Total Salary Per Annum

Level 1

$

$

1st year (21 years)

5,981

26,698

2nd year

5,981

27,306

3rd year

5,981

27,914

4th year

6,066

28,615

5th year

6,066

29,222

6th year

6,066

29,829

7th year

5,982

30,431

8th year

5,982

30,914

9th year

5,982

31,629

 

(b) Officer Level 2

 

 

Arbitrated Safety Net Adjustment

75 Hours Total Salary Per Annum

Level 2

$

$

1st year

5,982

32,484

2nd year

5,982

33,139

3rd year

5,982

33,829

4th year

5,982

34,557

5th year

5,982

35,319

 

(c) Officer Level 3

 

 

Arbitrated Safety Net Adjustment

75 Hours Total Salary Per Annum

Level 3

$

$

1st year

5,982

36,367

2nd year

5,982

37,183

3rd year

5,982

38,024

4th year

5,982

38,790

 

(d) Officer Level 4

 

 

Arbitrated Safety Net Adjustment

75 Hours Total Salary Per Annum

Level 4

$

$

1st year

5,982

39,974

2nd year

5,898

40,805

3rd year

5,898

41,760

 

(e) Officer (Junior)

 

Officers employed below the age of 21 years are to be paid to maintain current salary relativities as the corresponding salaries in the Public Service Award 1992, according to the following formula:

 

Education Department Ministerial Officer Salary:

 

Public Service Award 1992 salary

x

48.5

 

 

52

 

 

Arbitrated Safety Net Adjustment

75 Hours Total Salary Per Annum

Junior Level

$

$

Under 17 years

2,708

13,715

17 years

3,165

16,028

18 years

3,691

18,698

19 years

4,274

21,642

20 years

4,799

24,304

 

B. Delete subclause (3) of this clause and insert the following in lieu thereof:

 

(3) Where an occupant of such office is employed for less than 37.5 hours per week, the salary paid shall be in accordance with the following formula:-

 

Hours worked per fortnight / 75 x FullTime Fortnightly Salary.

 

C. Delete subclause (5) of this clause and insert the following in lieu thereof:

 

(5) The hourly rate shall be computed as one seventy-fifth of the fortnight's salary. 

 

 

6. Clause 13. – Hours of Duty:  Delete this clause and insert the following in lieu thereof:

 

(1) The span of hours is between 7.00 am and 6.00 pm Monday to Friday.  Subject to the agreement of the officers and line manager, officers may elect in writing to work in accordance with flexible working arrangements or standard hours prescribed by this subclause.

 

(2) Normal Standard Hours

 

(a) Except as provided in this clause, the ordinary hours of work shall be 150 hours per four weekly period with an average of 37.5 hours per week to be worked between the hours of 7.00am and 6.00pm Monday to Friday.

 

(b) The normal hours of work are 7.5 hours per day.  Officers are required to work 41 weeks per year.

 

(c) The hours of duty can be varied by way of mutual agreement recorded in writing between the officer and their line manager.  Officers shall not be coerced into varying their hours.

 

(3) Flexible Hours

 

(a) Subject to the approval of the line manager, officers may elect, in writing, to vary their starting and finishing times between the hours of 7.00 am and 6.00 pm Monday to Friday to a maximum of 150 per fourweekly period and to work variable weekly hours.

 

(b) Arrangement for working hours are to be agreed between the officer and their line managers.  Officers shall not be coerced into working flexible working hours.

 

(c) A maximum of ten (10) hours per day may be worked where officers agree, provided that the ordinary hours worked in a week do not exceed 50 hours (subject to pro rata hours for part-time officers).

 

(d) Ordinary hours shall be consecutive except for a meal break of at least 30 minutes, provided that an officer shall not be required to work more than five hours consecutively without a break.

 

(e) Officers shall not be required to recommence work until at least ten (10) hours have elapsed from the time the previous work has ceased.

 

(f) Within each four week period, extra hours worked may be accumulated to a maximum of 37.5 and used at a later date.

 

(g) Accumulated hours may be cleared in the form of hours, days, or weeks off, as agreed between officers and their line managers.

 

(h) It is the officer's responsibility to arrange to clear accrued hours.  The hours will be cleared in either the financial year or the calendar year in which they were accrued, as agreed between the officer and their line manager.  Hours that cannot be cleared will be paid out at the ordinary rate of pay.

 

(4) Remote Teaching Service

 

The parties agree that officers may, by agreement with all parties, to meet the needs of remote schools, vary the school year and hours per day to take into account educational, cultural, climate and local factors.  The Principal will negotiate school hours and days of attendance and the officers will be consulted and have a choice of undertaking these changes.  The total hours worked in any one year will still equal the total hours that would have been worked if the school year had not been varied by this Agreement.  Total hours to be worked in a year are 1537.5 (41 weeks x 37.5 hours p.a.).

 

 

7. Clause 15. – Overtime Allowance: 

 

A. Delete subclause (1) of this clause and insert the following in lieu thereof:

 

(1) For the purposes of this Clause, the following terms shall have the following meanings:

 

(a) "Overtime" means all work performed only at the direction of the Employer or a duly authorised officer outside the ordinary hours of duty.  Overtime provisions shall apply to time worked by direction in excess of 7.5 hours on any working day or more than 75 hours per fortnight in accordance with the provisions of the award.

 

(b) "Emergency Duty" means duty by an officer required to return to duty, without prior notice, to meet an emergency at a time that the officer would not ordinarily have been on duty.

 

(c) "Ordinary hours of duty" means an officer's normal working hours as prescribed by the Employer in accordance with Clause 13. - Hours of Duty, of this Award.

 

(d) "Duly authorised officer" means an officer or officers appointed in writing by the Employer for the purpose of authorising overtime.

 

(e) "A day" shall mean from midnight to midnight.

 

(f) "Public Holiday" means the days prescribed as Public Holidays or in Clause 17. - Public Holidays of this award.

 

(g) "Ordinary travelling time" means time that an officer would have ordinarily spent in travelling once daily from the officer's home to the officer's usual headquarters and home again.

 

(h) "Excess travelling time" means all time travelled on official business outside ordinary hours of duty and away from the officer's usual headquarters in accordance with subclause (7) of this Clause.

 

(i) "Fortnightly salary" means an officer's substantive salary exclusive of any allowances such as the district allowance, personal allowance, qualifications allowance, efficiency allowance, service allowance, special allowance, or higher duties allowance unless otherwise approved by the Employer.  Provided that a special allowance or higher duties allowance shall be included in "fortnightly salary" when overtime is worked on duties for which these allowances are specifically paid.

 

(j) "Commuted overtime" means an agreed allowance negotiated between the Association and the Employer, paid in lieu of actual overtime worked for a group of officers occupying positions which require work to be performed consistently and regularly outside and in excess of the ordinary hours of duty.

 

(k) "Out of hours contact" shall include the following:

 

STANDBY - shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an officer to remain at the officer's place of employment during any period outside the officer's normal hours of duty, and to perform certain designated tasks periodically or on an irregular basis.  Such officer shall be provided with appropriate facilities for sleeping if attendance is overnight, and other personal needs, where practicable.

 

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

 

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

 

ON CALL - shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an officer rostered to remain at the officer's residence or to otherwise be immediately contactable by telephone or other means outside the officer's normal hours of duty in case of a call out requiring an immediate return to duty.

 

AVAILABILITY - shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an officer to remain contactable, but not necessarily immediately contactable by telephone or other means, outside the officer's normal hours of duty and be available and in a fit state at all such times for recall to duty.

 

"Availability" will not include situations in which officers carry telephones or other means or make their telephone numbers or other contact details available only in the event that they may be needed for casual contact or recall to work.  Subject to subclause (3) of this Clause recall to work under such circumstances would constitute emergency duty in accordance with subclause (6) of this Clause.

 

B. Delete subclause (3) of this clause and insert the following in lieu thereof:

 

(3) Overtime

 

(a) An officer who works overtime for a greater period than 30 minutes, shall be entitled to payment in accordance with paragraph (d) of this subclause, or time off in lieu of payment in accordance with paragraph (b) of this subclause, or any combination of payment or time off in lieu.

 

(b) Time off in lieu

 

(i) Where the officer or the Employer or the duly authorised officer, so elects in writing prior to overtime being worked, time off in lieu of payment for overtime worked may be taken in accordance with the time ratios in paragraph (d) of this subclause.

 

(ii) The officer shall be required to clear accumulated time off in lieu within two months of the overtime being performed, provided that by written agreement between the officer and the Employer, or duly authorised officer, time off in lieu of payment for overtime may be accumulated beyond two months from the time the overtime is performed so as to be taken in conjunction with periods of approved leave.

 

(iii) If the department is unable to release the officer to clear such leave within two months of the overtime being performed, and no further agreement prescribed in subparagraph (ii) of this paragraph is reached, then the officer shall be paid for the overtime worked.

 

(c) Commuted Allowance

 

Any commuted allowance and/or time off in lieu of overtime, other than that provided in paragraph (b) of this subclause, shall be negotiated between the Association and the Employer.

 

(d) Payment for Overtime

 

Payment for overtime shall be calculated on an hourly basis in accordance with the following formula:

 

(i) Weekdays

 

For the first three hours worked outside the ordinary hours of duty on any one weekday at the rate of time and one half:

 

i.e

Fortnightly Salary

x

3

 

75

 

2

 

 

After the first three hours on any one week day at the rate of double time:

 

i.e

Fortnightly Salary

x

2

 

75

 

1

 

(ii) Saturdays

 

For the first three hours on any Saturday, before 12.00 noon, at the rate of time and one half:

 

i.e

Fortnightly Salary

x

3

 

75

 

2

 

After the first three hours or after 12.00 noon, whichever is the earlier, on any Saturday at the rate of double time:

 

i.e

Fortnightly Salary

x

2

 

75

 

1

 

(iii) Sundays

 

For all hours on any Sunday, at the rate of double time:

 

i.e

Fortnightly Salary

x

2

 

75

 

1

 

(iv) Public Holidays

 

For hours worked during ordinary hours of duty on any Public Holiday at the rate of time and one half (in addition to the normal pay for that day):

 

i.e

Fortnightly Salary

x

3

 

75

 

2

 

For hours worked outside of the ordinary hours of duty on any Public Holiday at the rate of double time and a half:

 

i.e

Fortnightly Salary

x

5

 

75

 

2

 

(e) Long Service Leave

 

An officer directed to return to duty during periods of long service leave shall be deemed to be no longer on leave for the duration of that period of duty.

 

(i) If the officer is directed to return to duty during a period of leave during ordinary hours of duty, then that officer shall be recredited with that leave for the same number of hours of duty performed.

 

(ii) If the officer is directed to return to duty during a period of leave outside of ordinary hours of duty, then that officer shall be entitled to payment of overtime in accordance with subclause (3) of this clause.

 

(f) Minimum Periods for Return to Duty

 

(i) An officer, having received prior notice, who is required to return to duty:

 

(aa) on a Saturday, Sunday or Public Holiday, otherwise than during ordinary hours of duty, shall be entitled to payment at the rate in accordance with paragraph (d) of this subclause for a minimum of three hours;

 

(bb) before or after the ordinary hours of duty on a weekday shall be entitled to payment at the rate in accordance with paragraph (d) of this subclause for minimum period of one and one half hours;

 

(ii) For the purpose of this subclause, where an officer is required to return to duty more than once, each duty period shall stand alone in respect to the application of minimum period payment except where the second or subsequent return to duty is within any such minimum period.

 

(iii) The provisions of this subparagraph shall not apply in cases where it is customary for an officer to return to the place of employment to perform a specific job outside the ordinary hours of duty, or where the overtime is continuous (subject to a meal break) with the completion or commencement of prescribed hours of duty.

 

(g) Overtime at a Place Other than Usual Headquarters

 

(i) When an officer is directed to work overtime at a place other than usual headquarters, and provided that the place where the overtime is to be worked is situated in the area within a radius of fifty (50) kilometres from usual headquarters, and the time spent in travelling to and from that place is in excess of the time which an officer would ordinarily spend in travelling to and from usual headquarters, and provided such travel is undertaken on the same day as the overtime is worked, then such excess time shall be deemed to form part of the overtime worked.

 

(ii) Except as provided in paragraph (e) of subclause (5) and paragraph (b) of subclause (6) of this clause, when an officer is directed to work overtime at a place other than usual headquarters, and provided that the place where the overtime is to be worked is situated outside the area within a radius of fifty (50) kilometres from usual headquarters and the time spent in travelling to and from that place is in excess of the time which the officer would ordinarily spend in travelling to and from usual headquarters, then the officer shall be granted time off in lieu of such excess time spent in actual travel in accordance with subclause (7) Excess Travelling Time of this clause.

 

(h) Ten Hour Break

 

(i) When overtime is worked, a break of not less than ten (10) hours shall be taken between the completion of work on one day and the commencement of work on the next, without loss of salary for ordinary working time occurring during such absence.

 

(ii) Provided that where an officer is directed to return to or continue work without the break provided in subparagraph (i) of this paragraph then the officer shall be paid at double the ordinary rate until released from duty, or until the officer has had ten consecutive hours off duty without loss of salary for ordinary working time occurring during such absence.

 

(iii) The provisions of subparagraphs (i) and (ii) of this paragraph, shall not apply to officers included in subclause (5) of this clause.

 

C. Delete subclause (5) of this clause and insert the following in lieu thereof:

 

(5) Out of Hours Contact

 

(a) Except as otherwise agreed between the employer and the Association, an officer who is required by the Employer or a duly authorised officer to be on "out of hours contact" during periods off duty shall be paid an allowance in accordance with the following formulae for each hour or part thereof the officer is on "out of hours contact".

 

Standby

 

Level 2 (minimum) weekly rate

x

1

x

37.5

 

 

37.5

 

100

 

On Call

 

Level 2 (minimum) weekly rate

x

1

x

18.75

 

 

37.75

 

100

 

Availability

 

Level 2 (minimum) weekly rate

x

1

x

18.75

x

50

 

 

37.5

 

100

 

100

 

Such allowances are contained in Part 1 of Schedule G. - Overtime Allowance of this Award.

 

Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is made in accordance with the provisions of subclause (2) of this clause when the officer is recalled to work.

 

(b) When an officer is required to be "on call" or "availability" and the means of contact is to be by landline or satellite telephone fixed at the officer's residence the Department shall:

 

(i) Where the telephone is not already installed, pay the cost of such installation.

 

(ii) Where an officer pays or contributes towards the payment of the rental of such telephone, pay the officer 1/52nd of the annual rental paid by the officer for each seven days or part thereof on which an officer is rostered to be "on call" or "availability".

 

(iii) Provided that where as a usual feature of the duties an officer is regularly rostered to be on "on call" or "availability", pay the full amount of the telephone rental.

 

(iv) When an officer is required to be "on call" or "available" and the means of contact is other than a landline/satellite telephone fixed at the officer's residence, the employer shall provide the officer with the means of contact free of charge for the purposes of work related activity.

 

(c) An officer shall be reimbursed the cost of all telephone calls made on behalf of the employer as a result of being on out of hours contact.

 

(d) Where an officer rostered for "on call" or "availability" is recalled to duty during the period for which the officer is on "out of hours contact" then the officer shall receive payment for hours worked in accordance with subclause (2) of this clause.

 

(e) Where an officer rostered for "on call" or "availability" is recalled to duty, the time spent travelling to and from the place at which duty is to be performed, shall be included with actual duty for the purposes of overtime payment.

 

(f) Minimum payment provisions do not apply to an officer rostered for "out of hours contact" duty.

 

(g) An officer in receipt of an "out of hours contact" allowance and who is recalled to duty shall not be regarded as having performed emergency duty in accordance with subclause (6) of this clause.

 

(h) Officers subject to this clause shall, where practicable, be periodically relieved from any requirement to hold themselves on "standby", "on call" or "availability".

 

(i) No officer shall be on out of hours contact after the last working day preceding a period of school vacation leave or long service leave.

 

 

8. Clause 16. – School Vacation Leave:  Delete this clause and insert the following in lieu thereof:

 

(1) An officer who is employed for no less than four (4) continuous weeks shall be entitled to payment for that portion of school vacation weeks in that year as is equal to 11.25 hours for each school week worked in that year, and payment shall be made:-

 

(a) for such portion of the school summer vacation as is equal to 11.25 hours salary for each school week worked, less any term vacation hours for which payment has already been made in that year.

 

(b) on resignation or termination other than termination for misconduct an amount equal to 11.25 hours salary for each school week worked, less any term vacation hours for which payment has already been made in that year.

 

(c) officers employed less than the full time number of hours of duty as prescribed by Clause 13. - Hours of Duty of this Award shall receive the above entitlement on a pro rata basis in the proportion which their hours of work bear to those of a full time officer.

 

(2) (a) A school vacation leave loading shall be included in the last payment of ordinary salary made prior to Christmas Day or in the event of a termination prior to the end of the school year in the final payment made to the officer.

 

(b) Subject to sub-clause (2) (c) of this clause, the leave loading shall be 17.5 per cent of four week's salary at the rate of pay applicable at the time of payment.

 

(c) Where an officer is employed for less than the full school year, the leave loading shall be paid on a pro rata basis in the same proportion as the number of weeks which the officer was employed to attend in the school bears to the number of weeks in the same school year.

 

 

9. Clause 19. – Sick Leave:  Delete subclause (13) of this clause and insert the following in lieu thereof:

 

(13) War Caused Illnesses

 

(a) 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 112 hours 30 minutes (15 standard hour days) per annum on full pay in respect of that war caused illness.  These credits shall accumulate up to a maximum credit of 337 hours and 30 minutes (45 standard hour days), and shall be recorded separately to the officer's normal sick leave credit.

 

(b) 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.

 

 

10. Clause 24. – Short Leave:  Delete subclause (1) of this clause and insert the following in lieu thereof:

 

(1) (a) An employer may, upon sufficient cause being shown, grant an officer short leave on full pay not exceeding 2 consecutive working days, but any leave granted under the provisions of this clause shall not exceed, in the aggregate, 22.5 working hours in any one calendar year.

 

(b) Part-time officers are eligible for short leave in accordance with this clause, on a pro rata basis calculated in accordance with the following formula:

 

Hours worked per fortnight

x

22.5 hours

75

1

 

(c) An officer employed on a fixed term contract of less than twelve months shall be eligible for pro rata short leave in accordance with this clause.

 

 

11. Clause 35. – District Allowance:  Delete subclause (4) of this clause and insert the following in lieu thereof:

 

(4) Part Time Officers

 

An officer who is employed on a part time basis shall be paid a proportion of the appropriate district allowance payable in accordance with the following formula:

 

Hours worked per fortnight

x

Appropriate District Allowance

75

 

1

 

 

12. Schedule I – Expired General Agreement Salaries:  Delete this schedule and insert the following in lieu thereof:

 

Classification Level

Annual Salary at

1-Jan-03

For a 75 hour fortnight

Level 1

 

Under 17 yrs

$13,323

17 yrs

$15,569

18 yrs

$18,161

19 yrs

$21,022

20 yrs

$23,607

1.1

$25,933

1.2

$26,731

1.3

$27,528

1.4

$28,321

1.5

$29,121

1.6

$29,918

1.7

$30,835

1.8

$31,470

1.9

$32,408

 

 

LEVEL 2.1

$33,533

2.2

$34,394

2.3

$35,298

2.4

$36,255

2.5

$37,258

 

 

LEVEL 3.1

$38,582

3.2

$39,705

3.3

$40,810

3.4

$41,946

 

 

LEVEL 4.1

$43,501

4.2

$44,720

4.3

$45,975