GAOL OFFICERS' AWARD 1998 NO 12 OF 1968

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Western Australian Prison Officers' Union of Workers

APPLICANT

-v-

The Minister for Justice

RESPONDENT

CORAM Chief Commissioner A R Beech

DATE friday, 24 March 2006

FILE NO/S APPL 316 OF 2004

CITATION NO. 2006 WAIRC 04022

Result Award varied

Representation

Applicant Mr. D. Seal and Mr. J. Welch

Respondent Mr. N. Cinquina and Mr. P. Budd

Order

HAVING HEARD Mr D. Seal on behalf of the applicant and Mr N. Cinquina on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders –  

THAT the Gaol Officers’ Award 1998 No. 12 of 1968 be varied in accordance with the following schedule and that such variation shall have effect on and from the 20th March 2006.

Chief Commissioner A R Beech

SCHEDULE

A. Clause 32. - TRANSFERS:  Delete this clause and insert in lieu:

32. – TRANSFERS

The following principles and objectives are the basis for transfer arrangements:

Principles

Transfers are to be effected through an agreed process and applied in a manner able to withstand open scrutiny with fair and equitable treatment of all officers subject to transfer.

Objectives

To facilitate the identification and filling of vacancies in a timely manner.

To ensure that agreed establishment levels are maintained at all prisons.

To ensure that agreed staffing numbers of male and female officers are maintained in all prisons.

To provide stability in prison staffing.

To provide a degree of predictability and certainty so that officers can plan for the future.

To provide a system that is easy to work and easy to understand.

To provide officers with an opportunity to gain broad based experience.

To provide consistency in the decision making process.

(1) Definitions

For the purposes of this clause the following expressions shall have the following meanings:

“Agreed Establishment Levels” means the number of officers required to fill all the permanent substantive positions within a prison.

“Compassionate Transfer” means a transfer effected outside the normal Transfer Lists in response to personal circumstances that warrant relocation of an officer.

“Gender Numbers” means the agreed number of female and male officers required to operate the prison.

“Mutual Swap” is a voluntary exchange of positions between officers of the same rank at different locations.

“Local Recruit” means an officer who is specifically recruited for a position in an identified prison or region and who resides in that location or region.

“Permanent Posting” means the placement of an officer to a permanent position at a prison, on the completion of the trainee Prison Officers course.

“Prison” - means any gazetted prison, work camp or other work location where the department requires prison officers to be posted.

“Redeployed Prison Officer” means an officer who, as a result of a prison closure or abolition of their substantive position as a result of a restructure, does not have a permanent substantive position at any prison.

“Temporary Posting” means the agreed temporary placement of an officer to a prison on the completion of the trainee prison officer course, pending a permanent posting.

“Transfer” is the movement of an employee from one location to another location at the same, or lesser rank.  There are three main categories of transfer, these being:

(a) Voluntary:  A transfer initiated by an officer and effected through the transfer lists, mutual swap or a compassionate transfer.

(b) Management Initiated:  A Department directive to an officer to relocate from one location to another to meet its operational needs.

(c) Disciplinary: A Departmental directive to an officer to relocate from one prison to another in accordance with the disciplinary procedures of the Prisons Act and Regulations or this Award.

“Transfer List” is the list of officers who have expressed an interest for a transfer to another prison or branch.

(2) Transfer Committee

(a) All proposals and requests for transfer between prisons shall be forwarded to the Transfer Committee for consideration.

(b) The Transfer Committee shall be compromised of:

-  One or more of either the General Manager Adult Custodial, the Director Regional and Rural Prisons and the Director Women’s Custodial Services;

-  A representative from the Human Resources (Prisons) Branch; and

-  At least one representative of the Western Australian Prison Officers Union.

(c) The Director Health Services may participate in the deliberations of the Transfer Committee where it is necessary to make an assessment of medical information provided by an officer.

(3) Special Conditions

(a) A transfer that is to be implemented in accordance with the Department’s obligations under the Regional Incentives arrangements negotiated between the parties shall take precedence over all proposals and requests for transfers and filling of positions.

(b) The determination of the Transfer Committee in considering a Departmental proposals or an officer’s request for transfer out of the ESG shall be made in accordance with arrangements that may be agreed between the parties.

(c) As close as possible to half of all Senior Officer and First Class Prison Officer positions that become vacant within each prison each year may be advertised by the Department for promotion before being offered on a transfer basis.  All other positions will be filled on a transfer basis and will only be offered for promotion if no person is registered on the transfer list as wishing to transfer into the position

(d) Officers wishing to obtain an employee-initiated transfer will be required to serve a minimum of twelve months at their initial posting from the trainee prison officer course.

(e) Officers having received a promotion will be required to serve a minimum of twelve months in the promoted position before being eligible for employee-initiated transfer.

(f) An officer who receives a transfer, whether it be through the Transfer Lists, mutual swap or a compassionate transfer, will be ineligible to be considered for a transfer within two years of their last transfer, unless they are granted a further compassionate transfer.

(g) Probationary Prison Officers will take up vacancies after transfers based on the transfer list have been effected except where the position is filled by a local recruit.

(h) Officers who accept a transfer to another prison to fill a vacancy at a lower rank than their current rank will revert substantively to the rank of the position they are to fill.

(i) Where a vacancy is unable to be filled through the normal transfer process the time limits specified in paragraphs (d), (e) and (f) of this subclause may be waived by the Department after consultation with WAPOU.

(j) Where an officer has a documented substandard performance issue that officer cannot be transferred to another prison via an employee-initiated transfer, irrespective of his/her position on the transfer list, while that substandard performance issue remains unresolved

(k) Where certain skill sets are required at a prison and the Department and Union have agreed to pre-requisite training, such training must be successfully completed before a person can transfer to that prison.

(l) Prison Officers (Vocational and Support) who have completed the Department’s Industry Standard Prison Officer Training Course or deemed equivalent shall be entitled to register on the Prison Officer (General) transfer list.

(m) Prison Officers (Vocational and Support) shall be entitled to register on the Prison Officer (Vocational and Support) transfer list to transfer into vacant positions within their scope of vocational skills and knowledge that may arise at other prisons.

(4) Voluntary Transfers

(a) Transfer lists

To enable a transfer from a Transfer List to be effective there must be an identified vacancy at a prison that resulted or will result in the staffing level being below the approved establishment level.

The Transfer List process will work as follows:

(i) Officers can apply to be placed on a Transfer List at any time.  If there is nobody on the Transfer List an officer may submit an expression of interest for transfer to a like for like position at the time a position becomes vacant.

(ii) Officers are entitled to seek to transfer to another prison through application to be placed on a transfer list.  Separate Transfer lists will be maintained for:

Prison Officers (General);

First Class Prison Officers;

Senior Officers;

Hospital Officers:

Prison Officers (Vocational and Support):

Work Camp Officers: and

Canine Handlers.

(iii) Prison Officers (General), First Class Prison Officers, and Senior Officers can express an interest for transfer to a maximum of three prisons.

(iv) Officers accepting a transfer will be removed from all other transfer lists and will be ineligible to be placed on any transfer list for two years from the time of transferring to the new prison.

(v) To ensure compliance with the provisions of the Equal Opportunity Act, 1984 relating to discrimination on the basis of marital status, where two officers are married or are in a defacto or other relationship they will be treated as independent officers unless both officers advise that they want to be both transferred to the same locality.  An Officer, who wishes to transfer with a partner, will take a position on the Transfer List equivalent to the position of the partner placed lower on the Transfer List.

(vi) In deciding whether to offer a transfer to an officer on a transfer list the department will take into account the following factors:

- The obligations set down in subclause 3 of this Clause - Special Conditions;

- Whether there are officers subject to redeployment who have nominated that prison;

- The availability of accommodation at Broome, Eastern Goldfields and Roebourne.

- Gender numbers that may be agreed between the parties.

(b) Applications for placement on the transfer lists can be lodged at any time in writing to the Human Resources (Prisons) Branch.

(c) Officers will be placed on the transfer list in the order they are received at the Human Resources (Prisons) Branch.

(d) Transfer lists will be published by the Department on a regular basis of at least once annually

(5) Compassionate Transfers

(a) An officer may seek a transfer outside the normal Transfer List process on compassionate grounds based on personal circumstances which warrant the relocation of an officer.

(b) Applications from officers seeking compassionate transfers shall be considered on a case by case basis.

(c) The officer will meet costs associated with a compassionate transfer and is not eligible for property, removal or transfer allowances provided by this Award unless otherwise approved.

(d) The Department, for the purpose of effecting a compassionate transfer, is not obligated to consider the effects on the approved establishment levels of the particular prison.

(e) Compassionate transfers will be considered by the Department.  The grounds, without being limited, will include:

- Medical reasons,

- Personal/Family reasons, or

- Work related conflict.

(f) Officers seeking a compassionate transfer on one of the above grounds should make application to the General Manager Adult Custodial stating the reason and where possible provide supporting evidence, for example, supporting evidence from a doctor if the transfer is sought for medical reasons.

(6) Mutual Swap Transfers

(a) Officers may obtain a transfer outside the normal Transfer List process through a voluntary exchange of positions with an officer of the same rank at a different location.

(b) Applications from officers seeking mutual swap transfers shall be considered on a case by case basis.

(c) A mutual swap transfer will not impact on the approved establishment level of any prison.

(d) In instances where a mutual swap transfer is approved the officers concerned will be responsible for all costs associated with the transfer and they are not eligible for property, removal or transfer allowances provided by this Award.

(e) The following process shall be followed by officers seeking a mutual swap employee initiated transfer:

- Find someone on the transfer list who is prepared to undertake a mutual swap

- If no one is available on the transfer list, contact the prison to which he/she wants to transfer and arrange advertising.

- Once an officer to swap with has been identified each officer submits an application through his/her Superintendent to the Workforce Planner, Human Resources (Prisons) Branch, who joins the applications and submits the joint submission to the Transfer Committee.

(f) Officers will be required to return to their original substantive positions held prior to the swap in the event of one of the parties involved in the swap not fulfilling their obligations of the mutual swap transfer.

(7) Management Initiated Transfers

(a) Where the Department is contemplating the transfer of an officer from one prison to another the Department will advise the officer in writing and request that the officer submit in writing by a specified date any personal issues he/she wants considered by the Department in deciding whether the officer is to be transferred.

(b) The Department will genuinely consider all issues raised by the officer prior to making a final decision about the transfer.

(c) If the Department decides the officer is to be transferred the officer will be advised in writing of the date he/she will commence duty at the new prison.

(d) Transfer of one or more officers because of the need to adjust staffing levels within prisons will occur in accordance with the following:

(i) Where there is a need to transfer one or more officers from one prison to another to meet operational needs the Department will first check the transfer list to see if there are officers registered as seeking a transfer from their current prison.

(ii) If there are insufficient officers seeking transfer the Department will advertise for volunteers to transfer.

(iii) If insufficient volunteers are received the Department will write to all officers of the appropriate rank in the prison and advise that they are being considered for transfer, what the potential transfer locations are, and requesting that each officer submit in writing by a specified date any personal issues he/she wants considered by the Department in deciding who shall be transferred.

(v) The Transfer Committee will undertake a comparative assessment of all officers and the required number of officers will be chosen for transfer. 

(vi) Officers selected for transfer will be advised in writing of the date they will commence duty at the new prison.

(e) For the purpose of these procedures Casuarina, Hakea, Boronia and Bandyup Prisons, the Training and Development Branch and the Specialist Services Branch are all deemed to be located in the metropolitan area and are in the same locality.

(f) Officers subject to compulsory transfer will be given at least six (6) weeks’ notice of the date they are required to commence duty at the prison to which they are transferring unless otherwise agreed between the parties.

(g) Officers subjected to a compulsory transfer from a prison to adjust staffing levels shall be given the first right of return to the prison when a vacancy arises or staffing levels are increased; that is they will be placed at the top of the transfer list.  Where more than one officer has been so transferred, the officers will be given right of return in the order in which they are transferred out of the prison.

(h) The Department will pay the costs and allowances provided by this award associated with compulsory transfers.

(i) On application from the officer concerned, an officer may be excluded from being chosen for a compulsory transfer to another prison.  Each application will be considered on its merits.  Grounds upon which an exemption may be granted include but are not limited to:

- the transfer is to a regional prison and the officer has previously served in a regional prison for a period of two years or more;

- the transfer is from one locality to another and the officer has dependant children living with him/her who are attending years 11 or 12 at high school;

- the officer is working in a prison to which he/she was recruited locally and there are officers not recruited locally who can be transferred.

(8) Transfer of Redeployees

(a) Redeployed officers who have been substantively placed through this means will not be subject to the two-year rule.

(b) Officers subjected to a transfer by way of redeployment from a prison shall be given the first right of return to the prison after those wishing to invoke their right under subclause 6(g) when a vacancy arises or staffing levels are increased, that is they will be placed at the top of the transfer list.  Where more than one officer has been so transferred, the officers will be given right of return in the order in which they were redeployed out of the prison.

(c) The Department will pay the costs and allowances associated with transfer of redeployees.

(d) Officers who have been identified for redeployment will be given the opportunity to nominate one or more prisons where they wish to gain a permanent position.

(e) At the first opportunity the officer will be placed at the preferred prison in a substantive position.

(f) Should a substantive position not be available the officer may be placed at the preferred prison or another prison as agreed pending the availability of a substantive position.

(9) Allowances

Subject to the provisions of subclauses 5 and 6 of this clause officers who are transferred are entitled to District, Property, Removal and Transfer Allowances as provided in this Award.

B.  Schedules B and C – Memorandum of Agreement: delete these Schedules and insert in lieu the following new Schedule B.

SCHEDULE B – MEMORANDUM OF AGREEMENT

The Minister for Justice (“the Employer”) for Western Australia and the Western Australian Prison Officers’ Union of Workers (“the Union”) agree that the following provisions shall apply to all officers covered by the Goal Officers Award 1968.

The provisions of this Memorandum shall be read and interpreted wholly in conjunction with the Award.  Where there is any inconsistency between this Memorandum and the Award, the provisions of this Memorandum shall prevail to the extent of any inconsistency.

Where an informal or unregistered agreement comes to the notice of either party after the registration of this Schedule B - Memorandum of Agreement that party shall bring that agreement to the notice of the other party in writing within one month of becoming aware of the agreement.  Where the parties agree to that agreement being added into this Schedule it shall be so added. 

Section 1 – SALARY

Incremental placement – Promotion or transfer of Prison Officers (Vocational and Support)

a) A Prison Officer (Vocational and Support) who is transferred or promoted to a Prison Officer General position shall be paid at the relevant year of service for the range of the Monday to Friday or Shift depending upon the position to which the officer is transferred or promoted.  There will be no salary maintenance should the transfer or promotion resulting in a lesser salary than that which the officer received as a Prison Officer (Vocational and Support).

b) A Prison Officer (Vocational and Support) who is transferred or promoted to a Prison Officer General position will not automatically progress to First Class or Senior Officer due to the equivalent remuneration per years of service the officer acquired as a Prison Officer (Vocational and Support).

Increments – Higher Duties

Where an officer is directed to act in a higher position(s) that  has an incremental range of salaries such officer shall be entitled to receive an increase in the higher duties allowance equivalent to the increment the officer would have received had the officer been appointed to such position(s); provided that acting service with allowances for acting in positions of the same or higher classification than the position during the eighteen (18) months preceding the commencement of acting shall aggregate as qualifying service towards such an increase in the allowance. 

Higher Duties – Salary on Annual Leave

Where a prison officer acting in Senior Officer position proceeds on a period of normal annual leave the officer shall be paid the salary of the higher position for the period of the leave if the officer has been in receipt of a higher duties allowance for the greater proportion of the calendar month prior to taking the leave.

Salary – Appointment and Acting

The following arrangements apply in respect of substantive and acting appointments to Level 4 and 5 Prison Officer (Vocational and Support) positions.

a) Appointment to Level 4 or 5 from outside the Service is to be at the minimum point of the range.

b) Salary on promotion from Level 3 to Level 4 of an officer in the service will be at the same point in the range and the officer shall retain the Level 3 anniversary date.

c) Salary on promotion from Level 4 to Level 5 of an officer in the service would be at the same point in the range and of the officer shall retain the Level 4 anniversary date.

d) When acting in a Level 4 position a Level 3 officer in the service will be paid at the at the same point in the Level 4 range as enjoyed within the Level 3 range with retention of the Level 3 anniversary date.

e) When acting in a Level 5 position a Level 3 officer in the service will be paid at the at the same point in the Level 5 range as enjoyed within the Level 3 range with retention of the Level 3 anniversary date.

f) When acting in a Level 5 position a Level 4 officer in the service will be paid at the at the same point in the Level 5 range as enjoyed within the Level 4 range with retention of the Level 4 anniversary date.

Section 2 – HOURS OF DUTY

Filling of Rosters

The following process shall be followed in the development of rosters.

a) All positions required at both Senior Officer and Prison Officer classification to fulfil the operational requirements of the prison on a daily basis shall be identified.

b) An agreed roster shall be prepared to cover all these positions

c) The first priority in preparing the roster shall be to fill all lines or part thereof.

d) The second priority will be to cover all absences due to long-term sickness and worker’s compensation.

e) All officers attached to the prison whether on duty or absent due to sickness, workers compensation, or secondment should be listed on the roster.

f) In the preparation of the roster the only time there will not be an officer’s name against a roster line will be where there is an actual vacant position at that prison.

g) When preparing the roster and prior to posting any excess staff on a particular day should be allocated to offset any shortfalls.

Agreed Rosters

Prison rosters will only be posted following agreement between the local branch of the Union and the administration of the prison.

Roster Cycles

a) Each roster period will run for six weeks and will be made up of two or three week roster cycles.

b) A roster will initially be posted with another roster in advance providing rosters to cover a total of twelve weeks containing six or four roster cycles.

c) A roster will be posted at the completion of a roster and at all times on the completion of one roster period another roster shall be posted.  At any one point in time there will be posted a maximum of two rosters covering twelve weeks and a minimum of one roster covering six weeks.

d) Roster cycles will run independently of each other.

e) The non-leave period will be made up of three weeks, three weeks, and six weeks in any order over a three year period.

f) Shift swaps shall not be approved between roster periods.

g) Shift swaps can occur between roster cycles that make up the same roster period.

Shift Swaps

a) An officer must have at least one full day break after any period of seven (7) consecutive twelve-hour shifts including approved employee or management initiated shift swaps and out of hours work.

b) Shift swaps must be approved prior to the first of the shifts swapped being worked.  Shift swaps will not be approved retrospectively except where an urgent pressing need was notified prior to the scheduled commencement of the first of the shifts being swapped.

c) Any proposed shift swap must adhere to the requirements of the 12-hour shift arrangements regarding the break between finishing time of a day shift and commencement of a following night shift.

d) Shift swaps will not be approved where it will result in an officer working more than two consecutive night shifts. When working day shifts on the posted roster no more than two (2) night shifts can be swapped into in any seven (7) consecutive days.

e) Shift swaps will not be approved where it will result in an officer working more than an additional two consecutive nights following or before night shifts on the posted roster.  When working night shifts on the posted roster no more than two (2) additional night shifts can be swapped in any consecutive days.

f) Shift swaps must be completed within the same roster period.

g) Where possible shift swaps should be with an officer of the same unit to ensure continuity for case management purposes.

h) Shift swaps will not be approved where it appears, from a trend of previous shift swaps, that officers are avoiding certain duties that will result in an atrophying of skills in any area of prison officer work (e.g. officers changing shifts and not having prisoner contact).

Commencement of duty

a) A Prison Officer’s hours of duty commence and cease when the officer reports to the front gate at their prison.

b) The handover time existing as at September 1, 1985 between officers for the purpose of effecting the customary rotation of shifts shall be conducted in an Officer’s own time without payment in addition to the Officer’s annualised salary.

Section 3 – LEAVE  

Single Days Annual Leave

The following conditions provide clarification of the entitlement to take up to five single days of Annual Leave as provided by Clause 16 (7) of the Award.

a) Prison Officers shall be entitled to take up to five days of the normal annual leave as single days leave subject to the approval of the Superintendent or Officer in Charge. 

b) Any shortfall on the roster created by approval of single days of annual leave shall be covered by:

1.    An officer utilised from the normal roster staffing levels identified by local agreement between the prison administration and branch of the Union; or

2.    An officer surplus or additional to that day’s normal roster staffing level requirement; or

3.    Payment of overtime.

 If the Superintendent is unable to obtain an officer to undertake the overtime required or redeploy staff as provided in 1 and 2 above then approval of the application for a single day’s annual leave may be withheld. Once staff are redeployed in accordance with 1 and 2 above to cover an absence caused by granting a single day’s annual leave they cannot be reassigned.

c) The officer shall complete shifts equivalent to single annual leave days taken before commencement of their normal annual leave.

d) The officer’s leave will be delayed for one working shift for each single day’s leave taken.  The Officer will be required to work on each of these days.  In cases where an officer has taken 4 or 5 days single days leave the first three days shall be cleared by attending work on the first three days of the nominated leave period with one day break before attending work to clear the remaining work obligation.  If the officer is on days off immediately prior to the nominated day for the commencement of leave then the four or five days work obligation may be satisfied by working those shifts on consecutive days.

e) The officer and the Superintendent may agree an administrative swap that provides for the time to be worked at a time other than outlined in the previous paragraph but no later than the date upon which the officer’s annual leave is scheduled.

Sick leave credits 

a) All Officers who prior to 1 July 1994 received a total sick leave entitlement of three months with payment of ordinary wages and three months with payment of half ordinary wages in each period in three years will receive a credit of 528 hours in addition to their entitlements under Clause 20 (1)(a).

b) All Officers with more than 10 years’ continuous service as at 1 July 1994 who had accrued more than 528 hours’ sick leave will be entitled to receive those days in addition to their entitlements under Clause 20 (1)(a).

Sick leave - Anniversary date

The anniversary date for the determination of a prison officer’s sick leave entitlements shall be as follows:

a) 19 July for officers who chose to transfer from the triennial scheme to new arrangements introduced as from 28 July 1990;

b) 1 July with the introduction of the “Package” for officers employed on 1 July 1994 and still on the triennial system who were transferred to the present sick leave entitlements of the Award; and

c) Officers employed since 1 July 1994 who have an anniversary date linked to commencement date. 

Reconciliation of sick leave

a) The following subclause shall complement the provisions of Clause 20(1)(b) of the Award.

b) Payment for sick leave may be adjusted at the end of each accruing year or at the time the officer leaves the service of the employer in the event of the officer being entitled by service subsequent to sickness in that year to a greater entitlement than that existing at the time the sickness occurred.

Sick leave on annual leave

Where an officer is ill during a period of annual leave for a period of at least seven consecutive days and produces at the time or as soon as possible thereafter medical evidence that the officer is or was as a result of the illness confined to the officer’s place of residence or hospital the officer who claims reinstatement of annual leave will have sick leave credits debited on the basis of eight hours a day (forty hours a week) and annual leave credited on the basis of eight hours a day (forty hours a week).

Annual leave loading

a) Subject to the provisions of subclauses (b), (c), (d) and (h) of this clause, a loading equivalent to 17.5% of annualised salary is payable to officers proceeding on annual leave, including accumulated annual leave.

b) Officers whose annualised salary includes a component for shift penalties that exceeds 17.5% of the Monday to Friday plus public holidays rate for their classification and are granted an additional week’s pay shall not be entitled to annual leave loading.

c) Officers whose annualised salary includes a component for shift penalties that is less than 17.5% of the Monday to Friday plus public holidays rate for their classification and are granted an additional week’s pay shall be paid an allowance equal to the difference between a loading equivalent to 17.5% of normal salary and the shift work component for five weeks’ leave.

d) Subject to the provisions of subclause (f) of this clause 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° South Latitude). The 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.  The maximum payment of the loading including the shift work component of the annualised salary to officers granted in accordance with subclause (c) shall not exceed 5/4th 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.

e) 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.

f) 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.

g) A pro rata loading is payable on periods of approved annual leave less than four weeks.

h) The loading is calculated on the rate of the normal fortnightly salary including any allowances that are paid as a regular fortnightly or annual amount but excluding any shift allowances.  Any allowance paid to an officer for undertaking additional or higher-level duties is only included if the allowance is payable during that period of normal annual leave.

i) Where payment in lieu of accrued or pro rata annual leave is made on the death or retirement of an officer, a loading calculated in accordance with the terms of this clause is to be paid on accrued and pro rata annual leave.

j) When an officer resigns, or ceases employment, or where an officer is dismissed under Part X of the Prisons Act, an annual leave loading shall be paid as follows:

(i) Accrued entitlements to annual leave - a loading calculated in accordance with the terms of this clause for accrued annual leave is to be paid.

(ii) Pro rata annual leave - no loading is to be paid.

k) Part-time officers shall be paid a proportion of the annual leave loading at the salary rate applicable, provided that the maximum loading payable shall be calculated in accordance with the following:

l) An officer who has been permitted to proceed on annual leave and who ceases duty other than by resignation or dismissal under Part X of the Prisons Act before completing the required continuous service to accrue the leave must refund the value of the unearned pro rata portion of Leave Loading but no refund is required in the event of the death of an officer.

m) An officer who has been permitted to proceed on annual leave and who resigns or is dismissed under Part X of the Prisons Act must refund the value of the loading paid for leave other than accrued leave.

Recall to duty during leave:

Officers who are recalled to duty from annual or long service leave other than for training or to give evidence in an official capacity as provided under provisions for witness service shall be paid as follows:

a) For a period less than one day payment at overtime rates for all time worked with a minimum payment for three hours.  No adjustment will be made to the officer’s pay or leave credits.

b) An officer’s leave shall be reinstated for periods in excess of one day with payment at overtime rates for all hours worked in excess of eight hours on any one day.

Long Service Leave – Pro Rata Entitlements

On application to the Department a lump sum payment for the money equivalent of any:

a) Long service leave entitlement for seven years’ continuous service shall be made to any prison officer who resigns, retires, is retired, is dismissed, or in respect of a prison officer who dies;

b) Pro rata long service leave entitlement based on continuous service of less than seven years shall be made to any prison officer who:

(i) retires at or over the age of 55 years or who is retired on grounds of ill health if the prison officer has completed not less than twelve months’ continuous service before retirement;

(ii) not having resigned is retired by the Department for any other cause if the prison officer has completed not less than three years’ continuous service before the date of retirement;

(iii) in respect of a prison officer who dies, if the officer has completed not less than twelve months’ continuous service before the date of death.

c) In the case of a deceased prison officer, payment shall be made to the estate of the prison officer unless the officer is survived by a legal dependent approved by the Department, in which case the payment shall be made to the legal dependent.

Long Service Leave – Portability

Prison Officers are entitled to portability in respect of Long Service Leave entitlements for prior service with State bodies and statutory authorities set down in Administrative Instruction 611 of 13 December 1989 under the same conditions as officers of the Public Service.

Witness Service

a) A prison officer subpoenaed or called as a witness to give evidence in any proceeding will as soon as practicable notify their Superintendent.

b) Where a prison officer is subpoenaed or called as a witness to give evidence in an official capacity including occasions where the officer is to give evidence at a Coronial Inquiry or other court proceedings relating to the conduct of a prisoner in prison, that officer will be granted by the employer leave of absence with pay, but only for such period as 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 will be reinstated.

c) A prison officer subpoenaed or called as a witness to give evidence in an official capacity is not entitled to any witness fee and will pay any fees received including travel expenses into the Consolidated Revenue Fund and forward the receipt for such payment to the employer.

d) A prison officer subpoenaed or called as a witness to give evidence on behalf of the Crown but not in an official capacity will be granted leave with full pay entitlements.  If the officer is on any form of paid leave, this leave will be not be reinstated as such witness service is deemed to be part of the officer’s civic duty.

e) A prison officer subpoenaed or called as a witness to give evidence on behalf of the Crown but not in an official capacity granted paid leave is not entitled to retain any witness fee and will pay any fees received including travel expenses into the Consolidated Revenue Fund and forward the receipt for such payment to the employer.

f) A prison officer subpoenaed or called as a witness under circumstances other than those specified in subclauses (b) and (d) will be granted leave of absence without pay except where the officer makes an application to clear accrued leave in accordance with the Award.

Additional leave entitlement – Definition of Regular

a) An officer’s eligibility for an additional week’s leave is calculated using the period between the date of the officer’s appointment and its anniversary irrespective of when the officer takes the leave.

b) An officer satisfies the definition of regular for the purposes of Clause 16 (1) (c) of the Award if the officer has worked on the approved roster eleven (11) Sundays or Public Holidays, not including overtime, in the period established under subclause (a) to calculate entitlement.

Section 4 – ALLOWANCES

Pager Allowance

a) A prison officer instructed in writing to carry a pager and be available to be called to attend work outside of normal rostered hours of duty shall be paid an allowance of $39.24 per week.

b) Officers required to carry a pager for a period of less than a week, that is seven calendar days, shall be paid a pro-rata allowance based on the number of days required.

c) Officers will not be required to carry a pager during period of annual or long service leave and will not be entitled to receive the allowance for that period of leave.

d) A prison officer who is unavailable to respond to after hour calls as a result of illness is not eligible to claim the allowance for the period of that incapacity.

e) From 18 October 1996 the allowance provided in subclause a) shall be varied annually with effect from 18 October each year to reflect movements in the Consumer Price Index over the previous twelve months.

Travel Allowances

a) The headquarters for officers allocated to the Special Services Branch is the Hakea Complex.

b) The headquarters for each officer attached to the Gatehouse project will be established as either Casuarina or Hakea Prison prior to the officer commencing duty on the project.

c) Officers directed to report for duty at a location other than their nominated headquarters will be entitled to kilometreage as provided for in Schedule F of the Public Service Award 1992 where the distance travelled to and from that location is greater than the officer’s normal travelling distance to their nominated headquarters.

Overtime meal allowances

a) A Prison Officer required to work overtime of not less than two hours and who actually purchases a meal shall be reimbursed in accordance with Part 2 of Schedule H. - Overtime of the Public Service Award, in addition to any payment for overtime to which that officer is entitled.

b) A Prison Officer working a continuous period of overtime who has already purchased one meal during a meal break, shall not be entitled to reimbursement for the purchase of any subsequent meal in accordance with Part 2 of Schedule H. - Overtime, of the Public Service Award until that officer has worked a further five hours’ overtime from the time of the last meal break.

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

Shift penalty rates

a) The following formula is the basis upon which the shift component of the officer’s annualised salary will be calculated.

b) Fifteen percent (15%) for any shift commencing before 6.01am Monday to Friday inclusive.

c) Fifteen percent (15%) for any shift commencing on or after midday Monday to Friday inclusive.

d) Time and a half for the length of any shift worked on a Saturday.

e) Time and three quarters for the length of any shift worked on a Sunday.

Section 5 – STAFFING

Officer in Charge

a) The appointment of the Officer in Charge of the prison shall be determined in accordance with the procedure outlined Department’s correspondence to the Union dated 19 October 1988 and 21 November 1988.

b) Acting Senior Officer appointments shall be determined in accordance with the procedure outlined Department’s correspondence to the Union dated 15 September 1988.

Work beyond age 65

The provisions of Attachment 3 Extension of and Employment beyond age 65 contained in Circular to Departments and Authorities No 22 of 1988 shall apply to Prison Officers covered by the Gaol Officers Award.

Vacancy management and relief pools

The Department shall maintain a pool of prison officers equal in size to the full time equivalent of the annual absence of staff due to worker’s compensation.  Prison officers from that pool shall be used to cover staffing shortfalls caused by absence of officers on worker’s compensation.

Dog Handlers

a) An Officer seeking to leave or required to leave the Canine Squad shall be entitled to return to their previous prison or posting.  The officer may apply to the Transfer Committee for an alternative placement.

b) The Officer prior to returning to their previous posting/prison or taking up a requested alternative placement may be required to take a temporary posting within the Metropolitan Area pending a vacancy occurring at their previous or requested posting.

c) Officers will not be required to use their vehicle to travel to and from work unless a Departmental vehicle is not available.  Where no Departmental vehicle is available and the officer agrees to transport the dog in their own private vehicle, the officer shall be paid the motor vehicle rate provided by Schedule E of the Public Service Award.

Section 6 – TRAINING

Residential and Full Time Training

a) These terms and conditions will apply to officers attending training where the course requires their attendance for a full day or more away from their normal work location.

b) Criteria for selection of officers to attend a course will be developed before the selection process is commenced. Officers shall attend courses where directed. Training programs developed out of performance reviews or disciplinary proceedings are excluded from the scope of these arrangements. The conditions governing such programs would be developed to meet the needs of the specific program. 

c) Courses will generally be based around a nine-hour structured training day (including the paid meal break provided by the Award). Officers will be rostered for duty for the duration of the structured training day. Where a course is to be something other than a nine-hour day the Training and Development Branch will advise the prison when initially advising the prison of the course.

d) Where a course is to be conducted the following process should be followed:

1. Training Branch will advise the prison of the upcoming course.

2. The prison superintendent or delegate will determine whether staff can be released to attend the training, and identify officer/s to attend.

3. The prison superintendent or delegate will negotiate with the local WAPOU branch for agreement on a training roster as an addendum to the existing agreed roster or modification to the agreed roster to release officer/s for training. No roster modification will be required if the vacancies created by the officer/s attendance at training are to be backfilled using overtime.

4. The roster/s for the officer/s attending training must be adjusted to ensure that they work a total of 120 hours for each three-week period.

5. In adjusting the hours, prisons must ensure that officers attending training have at least six rostered days off in each three-week period.

6. When the addendum training or modified roster is agreed it must be posted as in the normal course of events, thereby giving officers formal notification of their attendance at training in accordance with industrial requirements.

7. Where a roster has already been posted and a superintendent wishes an officer to vary his/her roster to attend training then the superintendent must seek agreement with the officer prior to committing that officer to the training. Superintendents should ensure officers are given as much notice as possible in these circumstances.

e) Where there is a need to cover the attendance of an officer at training the agreed protocols applying at the prison for covering ad-hoc absences shall apply.

f) Where a course is non-residential officers will be entitled to kilometreage as provided for in Schedule F of the Public Service Award 1992 where the distance travelled to and from the training venue is greater than the officer’s normal travelling distance to work.

g) Where courses are residential and the accommodation site is located away from the training venue, officers will be provided with transport to and from the training venue.

h) Other than when there is a requirement for officers attending a course who are not utilising the departmental supplied accommodation to report to the accommodation site to travel to the course venue, the time spent travelling from the accommodation site to the training venue each morning and from the training venue to the accommodation site each afternoon will not form part of the nine-hour structured training day. This travel will be in the officers’ own time, being analogous to that time normally spent travelling to and from work. Where officers are required to report to the accommodation the travel time from and to the accommodation site shall be rostered time worked in addition to the structured training day.

i) Residential courses shall have no formal structured training scheduled outside of the structured training day. In accordance with common training and professional development program practices, attendees can be expected to undertake in their own time after-hours study and other activities that do not form part of the structured training schedule.

j) Where structured extracurricular voluntary activities (such as team building activities, wellness programs) are programmed into a training period during times outside of the structured training day they are to be clearly marked as voluntary on the course outline. Officers taking part in such activities are not entitled to payment of overtime for the time spent participating in the activities. Where structured training sessions are programmed into a course during times outside of the structured training day, officers are required to attend the sessions and overtime will be paid.

k) Travel to and from courses shall be in accordance with the Travel Plan included in the Course Joining Instruction. The Travel Plan will detail the mode of transport. Where an officer wishes to use his/her private vehicle in lieu:

- Permission may be obtained from the officer’s Superintendent or the Manager, Training and Development Branch.

- Officers may claim kilometreage as provided for at Schedule F of the Public Service Award 1992 of an amount up to that which it would have cost the department to purchase the fare for the public transport; and

- Officers will be paid the normal salary rate for:

- the actual period of the journey; or

- the period equal to the time it would have taken for the officer to travel by mode nominated in the Travel Plan:

which ever is lesser.

l) Where officers are involved in team building or other activities that require them to wear special protective clothing and footwear other than their issue of uniform, footwear and accoutrements then that special protective clothing and footwear will be provided.  Any special protective clothing and footwear provided must be returned on the completion of the course. Where the course facilitators deem it prudent to wear civilian clothing or footwear officers will be advised of that in the joining instructions and will have the option of wearing civilian clothing or their uniform.

m) Where an officer is required to attend a residential course of more than one week and is necessarily absent from his or her residence and separated from dependants, the officer shall be granted an additional day's leave for every group of three (3) consecutive weekends so absent, provided that each weekend shall be counted as a member of only one group.  Provided that:

- An additional day’s leave shall not be allowed if the General Manager Adult Custodial or their representative has approved the officer's dependants accompanying the officer to the locality of the course;

- The additional leave is commenced within one (1) month of the conclusion of the training course unless the General Manager Adult Custodial or their representative approves otherwise;

- Annual leave loading, if payable, shall not apply to this additional leave entitlement.

n) Where officers attend a residential course the department will not be responsible for the provision or reimbursement of cost, of transport for private purposes.

o) Where officers attend a residential course the travelling allowances provisions contained in Clause 27 of the Award – Travelling, Relieving and Transfer Allowances shall apply.

Accredited Training

a) The standard of training provided to prison officers shall meet the national accreditation set for Certificate III in Correctional Practice (Custodial), Certificate IV in Correctional Practice (Custodial), and the Diploma of Correctional Administration.

b) The Department of Justice Prison Officers Training Course for Probationary Prison Officers shall be at the standard set for national accreditation for Certificate III in Correctional Practice (Custodial). 

c) The Department deems that all Prison Officers who have completed the Department of Justice Probationary Prison Officers training course hold qualification required for appointment to positions requiring the Certificate III in Correctional Practice (Custodial).

Section 7 – GENERAL

Performance Management

The parties agree to the implementation of a performance management system for the assessment of Prison Officer work performance at all ranks.

Classification Prison Officer (Vocational and Support)

a) The Department will establish and maintain Position History files for all Prison Officer (Vocational and Support) positions.  The Position History file will contain at all times a current Job Description Form detailing duties and responsibilities of the position.

b) Subject to subclause (c) of this clause a Prison Officer (Vocational and Support) shall be entitled to seek a review of their position at any time.  The review will be processed expeditiously.

c) Where a Prison Officer (Vocational and Support) position has been reviewed in accordance with subclause (b) the occupant of the position shall not be entitled to seek a further review within twelve months of that review unless there has been a change in the duties and responsibilities of the position since the date of that review.

d) The Prison Officer (Vocational and Support) Classification Committee, consisting of equal employer and Union representation shall examine classification claims from Prison Officer (Vocational and Support) Prison Officers.  Where necessary the parties will make application to the WA Industrial Relations Commission to amend the award to reflect the outcome of the claim.

e) Where the Prison Officer (Vocational and Support) Classification Committee is unable to agree on a classification and the occupant of the position wishes to appeal against the Department’s assessment of the position, the appeal shall be processed in accordance with the Commission’s correspondence to the parties pursuant to Application No 1303 of 1988.

f) The parties will develop criteria structure for the future operations of Prison Officer (Vocational and Support) within the Prison Service. The criteria will address work requirements and reclassification procedures. The agreed reclassification procedures will replace the Industrial Officer Reclassification Committee.

 Rank Structure

The existing rank structure including Prison Officer (Vocational and Support) will be investigated with a view to developing a more appropriate structure for the future operations of the Prison Service.

Health and Fitness

a) Officers who are selected for a Senior Officers Qualification Course shall undergo a health and fitness appraisal as part of the course.  The appraisal will test, amongst other things, lung function, blood pressure and aerobic fitness.  The appraisal shall not be used for promotional or assessment purposes, however, participants on courses are expected to give a serious commitment to and measurably improve in fitness.

b) Officers appointed to the Special Services Branch (formerly the Emergency Response Group) will be required to undergo a health and fitness test as part of the selection process. In addition on appointment the officers will be required to meet fitness standards determined from time to time.  Officers appointed to the Special Services Branch will carry out duties as outlined in the Special Services Branch Operations Parameters document issued by the Executive Director Prison Operations.

HR and MR Class driving licence

Where the Department requires a prison officer already in the employment to obtain a “HR” or “MR” Class licence the Department shall meet the cost of licence test fees.

Subject to vehicle availability if required the Department will make available a vehicle for this purpose

Personal files and reports

a) The Department shall keep a separate official Personal File and Record of Service for each Prison Officer employed.  The File and Record shall be kept in secure custody.

b) Access to these files and records shall only be allowed for official purposes and restricted to those persons with specific authority of the General Manager Adult Custodial.

c) Subject to the approval of the General Manager Adult Custodial a Prison Officer may see their personal file.

d) A Prison Officer given permission to see their personal file may copy any portion of the file and retain such copy for their own records.

e) Where an authorised officer submits an adverse report in relation to the conduct, diligence or efficiency of a Prison Officer the following apply:

i. Before the report is placed on the Prison Officer’s personal file the report shall be brought to the notice of that officer and initialled by that officer.

ii. Where the Prison Officer wishes to give an explanation in respect of the report or state reasons for disagreeing with the report the officer shall provide the explanation or reasons in writing and these shall be attached to the report prior to its submission.

C.  Schedule D - Memorandum of Agreement - Prison Officer (Vocational and Support) Training: Renumber this Schedule as Schedule C - Memorandum of Agreement - Prison Officer (Vocational and Support) Training.