2006 WAIRC 05163
GOVERNMENT OFFICERS (STATE GOVERNMENT INSURANCE COMMISSION) AWARD, 1987
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES INSURANCE COMMISSION OF WESTERN AUSTRALIA

-AND-
THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED

CORAM PUBLIC SERVICE ARBITRATOR
COMMISSIONER P E SCOTT
DATE FRIDAY, 28 JULY 2006
FILE NO P 29 OF 2006
CITATION NO. 2006 WAIRC 05163

Result Award Varied


Order

HAVING heard Mr T Boronovskis and with him Mr G Wibrow on behalf of the Insurance Commission of Western Australia and Mr M Finnegan and with him Ms L Jacobson on behalf of the Civil Service Association of Western Australia Incorporated, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Government Officers (State Government Insurance Commission) Award, 1987 (No. PSA A 21 of 1986) be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 26th day of July 2006.







COMMISSIONER P E SCOTT
PUBLIC SERVICE ARBITRATOR


SCHEDULE

1. CLAUSE 2 – ARRANGEMENT: DELETE 47. PURCHASED LEAVE - 48/52 SALARY ARRANGEMENT AND INSERT THE FOLLOWING IN LIEU THEREOF:

47. Purchased Leave - 44/52 Salary Arrangement


2. CLAUSE 6. – DEFINITIONS

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


3. Clause 16 – Annual Leave: Delete subclause (2) of this clause and insert the following in lieu thereof:

(2) Entitlement

(a) Each employee is entitled to four weeks paid leave for each year of service. Annual leave shall be calculated on a calendar year basis commencing on January 1 in each year.

(b) An employee employed on a fixed term contract for a period greater than 12 months, shall be credited with the same entitlement as a permanent employee. An employee employed on a fixed term contract or on a part time basis for a period less than 12 months, shall be credited with the same entitlement on a pro-rata basis for the period of the contract.

(c) On written application, an employee shall be paid salary in advance when proceeding on annual leave. However, such payment in advance will only be made for full pay periods which occur whilst the employee is on annual leave.

(d) To assist employees in balancing their work and family responsibilities, an employee may elect, with the consent of the employer, to accrue and carry forward a maximum of two years annual leave from the date of the entitlement.


4. CLAUSE 18 – LONG SERVICE LEAVE:

A. DELETE SUBCLAUSE (2) OF THIS CLAUSE INSERT THE FOLLOWING IN LIEU THEREOF:

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

B. AFTER SUBCLAUSE (13) OF THIS CLAUSE INSERT NEW SUBCLAUSE (14) AS FOLLOWS:

(14) Pay Out of Accrued Long Service Leave Entitlement

(a) If an employee applies to receive payments rather than taking periods of accrued long service leave, such application may be approved by the employer, subject to the following:

(i) 10 consecutive days leave must be taken in a calendar year for any application to be approved;

(ii) payment in lieu of leave will not exceed the equivalent of 13 weeks long service leave in any one (1) calendar year. However, applications to have greater amounts of leave paid out will be considered by the employer where special circumstances exist; and

(iii) the payment will be made at the salary rate payable if the leave had been taken.

(b) The balance of long service leave entitlement remaining after any payout of leave must be taken within one (1) year of the entitlement becoming due.

(c) Periods of long service leave that are paid out are excised from continuous service for the purposes of determining the next long service leave accrual date.


5. Clause 21. – Parental Leave: Delete this clause and insert the following in lieu thereof:

(1) Definitions

"Employee" includes full time, part time, permanent and fixed term contract employees.

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

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

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

"Replacement Employee" is an employee specifically engaged to replace an employee proceeding on parental leave.

(2) Entitlement to Parental and Partner Leave

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

(i) birth of a child to the employee or the employee's partner; or

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

(b) An employee identified as the primary care giver of a child and who has completed twelve months continuous service in the Western Australian public sector shall be entitled to the following amounts of paid parental leave which will form part of the 52 week entitlement provided in subclause (2)(a) of this clause:

(i) eight (8) weeks paid parental leave until 30 June 2006;

(ii) ten (10) weeks paid parental leave from 1 July 2006;

(iii) twelve (12) weeks paid parental leave from 1 July 2007; and

(iv) fourteen (14) weeks paid parental leave from 1 July 2008.

(c) An employee may take the paid parental leave specified in paragraph (2)(b) at half pay for a period equal to twice the period to which the employee would otherwise be entitled

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

(e) Paid parental leave for primary care purposes for any one birth or adoption shall not exceed the period specified in paragraphs (2)(b) and (2)(c) above.

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

(g) Parental leave may only be taken concurrently by an employee and his or her partner as provided for in subclause (3) or under special circumstances with the approval of the employer.

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

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

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

(3) Partner Leave

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

(b) The employee may request to extend the period of unpaid partner leave up to a maximum of eight weeks.

(4) Birth of a child

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

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

(5) Adoption of a child

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

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

(6) Other leave entitlements

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

(b) Subject to all other leave entitlements being exhausted an employee shall be entitled to apply for leave without pay following parental leave to extend their leave by up to two (2) years.

(c) The employer shall only refuse such a request on reasonable grounds related to the effect on the Insurance Commission. Such grounds might include:

(i) cost;

(ii) lack of adequate replacement employees;

(iii) loss of efficiency; and

(iv) the impact on customer service.

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

(e) An employee on parental leave is not entitled to paid sick leave and other paid absences other than as specified in subclause (6)(a) and (6)(f).

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

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

(7) Notice and Variation

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

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

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

(8) Transfer to a Safe Job

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

(9) Communication during Parental Leave

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

(b) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to return to work on a part-time basis.

(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with subclause (9) (a).

(10) Replacement Employee

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

(11) Return to Work

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

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

(c) An employee may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position at the same classification level in accordance with Clause 10. – Part-Time Employment of this Award.

(d) Employees who return to work on a part time basis have access to the right of reversion provisions of Clause 10. – Part-Time Employment of this Award.

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

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

(b) Paid parental leave will count as qualifying service for all purposes of this Award. During paid parental leave at half pay all entitlements will accrue as if the employee had taken the entitlement to paid parental leave at full pay.

(c) Absence on unpaid parental leave shall not break the continuity of service of employees but shall not be taken into account in calculating the period of service for any purpose of this Award.

(d) An employee on parental leave may terminate employment at any time during the period of leave by written notice in accordance with subclause (2) of Clause 7. – Contract of Service of this Award.

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


6. Clause 22. – Leave Without Pay: Delete this clause and insert the following in lieu thereof:

(1) Subject to the provisions of subclauses (2) and (3) of this clause, the employer may grant an employee leave without pay for any period and is responsible for that employee on their return.

(2) Subject to the provisions of subclause (3) every application for leave without pay will be considered on its merits and may be granted provided that the following conditions are met:

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

(b) All other leave credits of the employee are exhausted.

(3) An employee shall, upon request be entitled to two days unpaid personal (caring) leave.

(4) An employee on a fixed term contract may not be granted leave without pay for any period beyond that employee’s approved period of engagement.

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


7. CLAUSE 26. – CULTURAL/CEREMONIAL LEAVE: DELETE SUBCLAUSE (6) OF THIS CLAUSE AND INSERT THE FOLLOWING IN LIEU THEREOF:

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

(a) the employee’s annual leave entitlements

(b) the employee’s accrued long service leave entitlements, but in full days only.

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

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


8. CLAUSE 47. - PURCHASED LEAVE - 44/52 SALARY ARRANGEMENT: DELETE THE NUMBER, TITLE AND CLAUSE AND INSERT NEW NUMBER, TITLE AND CLAUSE AS FOLLOWS:

47. - PURCHASED LEAVE - 44/52 SALARY ARRANGEMENT

(1) The employer and an employee may agree to enter into an arrangement whereby the employee can purchase up to eight (8) weeks additional leave. The employee can agree to take a reduced salary spread over the 52 weeks of the year and receive the following amounts of purchased leave.

Number of Weeks’ Salary
Spread Over 52 Weeks
Number of Weeks’
Purchased Leave
44 weeks
8 weeks
45 weeks
7 weeks
46 weeks
6 weeks
47 weeks
5 weeks
48 weeks
4 weeks
49 weeks
3 weeks
50 weeks
2 weeks
51 weeks
1 week

(2) Where an employee is applying for purchased leave of between five (5) and eight (8) weeks the employer will give priority access to those employees with carer responsibilities.

(3) The additional purchased leave will not be able to be accrued. The employee is to be entitled to pay in lieu of the purchased leave not taken. In the event that the employee is unable to take such purchased leave, his/her salary will be adjusted at the completion of the agreed 12 month period to take account of the fact that time worked during the year was not included in the salary.

(4) In the event that a part time employee’s ordinary working hours are varied during the year, the salary paid for such leave taken will be adjusted at the completion of the agreed 12 month period to take into account any variations to the employee’s ordinary working hours during the previous year.

(5) Access to this entitlement will be subject to the employee having satisfied the Insurance Commission’s accrued leave management policy.

(6) The employer will assess each application for a 44/52 salary arrangement on its merits and give consideration to the personal circumstances of the employee seeking the arrangement.

(7) Where an employee who is in receipt of an allowance provided for in Clause 35 - Higher Duties Allowance of the Award proceeds on any period of purchased leave the employee shall not be entitled to receive payment of the allowance for any period of purchased leave.


9. CLAUSE 48. - PURCHASED LEAVE - DEFERRED SALARY ARRANGEMENT: AFTER SUBCLAUSE (6) OF THIS CLAUSE INSERT NEW HEADING AND SUBCLAUSE (7) AS FOLLOWS:

Variation of the Arrangements

(7) As an alternative to subclause (5) of this clause, and only by mutual agreement of the employer and the employee, the provisions of the deferred arrangement may be varied subject to the following:

(a) the term of the arrangement will not extend beyond that contemplated by this clause,

(b) the variation will not result in any consequential monetary or related gain or loss to either the employer or the employee, and

(c) the percentage of salary to apply during the 12 months leave as specified in subclause 3 of this clause will be calculated as 80% of the average ordinary prescribed hours worked over the previous four years.


10. Clause 50 – Casual Employment:

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

(3) Conditions of Employment:

Conditions of employment, leave and allowances provided under the provisions of this Award shall not apply to a casual Employee with the exception of Bereavement and Carers Leave.

However, where expenses are directly and necessarily incurred by a casual employee in the ordinary performance of his/her duties, he/she shall be entitled to reimbursement in accordance with the provisions of this Award.


B. After subclause (6) of this clause insert new subclause (7) as follows:

(7) Caring Responsibilities

(a) Subject to the evidentiary and notice requirements in Clause 20 – Carers Leave a casual employee shall be entitled to not be available to attend work or to leave work if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

(b) The employer and the casual employee shall agree on the period for which the casual employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (ie two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(c An employer must not fail to re-engage a casual employee because the casual employee accessed the entitlements provided for in this subclause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.


11. SCHEDULE D - EXPIRED GENERAL AGREEMENT SALARIES: DELETE THIS SCHEDULE AND INSERT THE FOLLOWING IN LIEU THEREOF:

Classification
Annual Salary after 27 February 2005
(Not to be subject to arbitrated safety net adjustments)

Existing Salary Rates
 LEVELS
$
Per Annum


Level 1

Under 17 yrs
$15,361
17 yrs
$17,952
18 yrs
$20,940
19 yrs
$24,238
20 yrs
$27,219
1.1
$29,901
1.2
$30,821
1.3
$31,741
1.4
$32,655
1.5
$33,575
1.6
$34,495
1.7
$35,552
1.8
$36,284
1.9
$37,366
 
 
LEVEL 2.1
$38,661
2.2
$39,655
2.3
$40,699
2.4
$41,803
2.5
$42,957
 
 
LEVEL 3.1
$44,543
3.2
$45,780
3.3
$47,054
3.4
$48,362
 
 
LEVEL 4.1
$50,156
4.2
$51,562
4.3
$53,008
 
 
LEVEL 5.1
$55,795
5.2
$57,677
5.3
$59,633
5.4
$61,664
 
 
LEVEL 6.1
$64,928
6.2
$67,148
6.3
$69,445
6.4
$71,898


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

 
LEVEL 8.1
$85,693
8.2
$88,989
8.3
$93,076
 
 
LEVEL 9.1
$98,180
9.2
$101,628
9.3
$105,561
 
 
CLASS 1
$111,509
CLASS 2
$117,458
CLASS 3
$123,402
CLASS 4
$129,350