2007 WAIRC 00019
GOVERNMENT OFFICERS SALARIES, ALLOWANCES AND CONDITIONS AWARD 1989
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ANIMAL RESOURCES AUTHORITY AND OTHERS

-AND-
THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED

CORAM PUBLIC SERVICE ARBITRATOR
COMMISSIONER P E SCOTT
DATE THURSDAY, 18 JANUARY 2007
FILE NO P 9 OF 2006
CITATION NO. 2007 WAIRC 00019

Result Award varied


Order

HAVING heard Mr G Wibrow on behalf of the Animal Resources Centre and Others and Mr S Farrell and with him Mr B Cusack 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 Salaries, Allowances and Conditions Award 1989 (No. PSAA 3 of 1989) be varied in accordance with the following Schedule and that such variation shall have effect on and from the 16th day of January 2007.






COMMISSIONER P E SCOTT
PUBLIC SERVICE ARBITRATOR



SCHEDULE

1. Clause 1. – Title: Delete this clause and insert the following in lieu thereof:

This Award shall be known as the Government Officers Salaries, Allowances and Conditions Award 1989, and shall supersede and replace the Awards or Agreements listed in Schedule C – List of Awards/Agreements which are replaced by this Award.


2. Clause 2. – Arrangement: Delete this clause and insert the following in lieu thereof:

1. Title
1B. Minimum Adult Award Wage
2. Arrangement
3. Area of Operation
4. Scope
5. Term of Award
6. Definitions
7. Certificate of Service
8. Contract of Service
9. Part-Time Employment
10. Casual Employment
11. Salaries
12. Salaries - Specified Callings
13. Purchased Leave - 44/52 Salary Arrangement
14. Purchased Leave - Deferred Salary Arrangement
15. Salary Packaging Arrangement
16. Supported Wage
17. Traineeships
18. Annual Increments
19. Higher Duties Allowance
20. Hours
21. Shift Work Allowance
22. Overtime Allowance
23. Annual Leave
24. Public Holidays
25. Long Service Leave
26. Sick Leave
27. Carers Leave
28. Parental Leave
29. Leave Without Pay
30. Study Leave
31. Short Leave
32. Bereavement Leave
33. Cultural/Ceremonial Leave
34. Blood/Plasma Donors Leave
35. Emergency Service Leave
36. Union Facilities For Union Representatives
37. Leave to Attend Association Business
38. Trade Union Training Leave
39. Defence Force Reserves Leave
40. Witness and Jury Service
41. Camping Allowance
42. District Allowance
43. Disturbance Allowance
44. Diving Allowance
45. Flying Allowance
46. Motor Vehicle Allowance
47. Property Allowance
48. Protective Clothing Allowance
49. Relieving Allowance
50. Removal Allowance
51. Sea - Going Allowance
52. Transfer Allowance
53. Travelling Allowance
54. Annual Interstate Allowance
55. Mortuary Allowance
56. Weekend Absence from Residence
57. Preservation of Rights
58. Keeping of and Access to Employment Records
59. Notification of Change
60. Right of Entry and Inspection by Authorised Representatives
61. Copies of Award
62. Establishment of Consultative Mechanisms
63. Dispute Settlement Procedure
64. Expired General Agreement Salaries

SCHEDULE A List of Respondents
SCHEDULE B Government Officers Not Covered by the Scope of this Award
SCHEDULE C List of Awards/Agreements which are replaced by this Award
SCHEDULE D Salaries
SCHEDULE E Salaries - Specified Callings
SCHEDULE F Clause 41. - Camping Allowance
SCHEDULE G Clause 42. - District Allowances
SCHEDULE H Motor Vehicle Allowance
SCHEDULE I Clause 22. – Overtime Allowance
SCHEDULE J Travelling, Transfer and Relieving Allowance
SCHEDULE K Shiftwork Allowance
SCHEDULE L Other Allowances
SCHEDULE M Travel Concessions for Annual Leave
SCHEDULE N Named Union Party
SCHEDULE O Annual Interstate Allowance Rates
SCHEDULE P Expired General Agreement Salaries


3. Clause 4. – Scope: Delete this clause and insert the following in lieu thereof:

This Award shall apply to all Government officers eligible for membership of the Civil Service Association of Western Australia Incorporated, employed by the Public Authorities listed in Schedule A – List of Respondents of this Award, except for those officers specified in Schedule B – Government Officers Not Covered by the Scope of this Award, or officers whose salaries or salary ranges, conditions or allowances are determined or recommended pursuant to the Salaries and Allowances Act 1975 or any other Act or are determined or to be determined by the Governor pursuant to the provisions of any Act of Parliament.


4. Clause 6. – Definitions: Delete this clause and insert the following in lieu thereof:

"Board of Reference" means a Board of Reference established under the provisions of Section 48 of the Industrial Relations Act 1979.

"Casual officer" means an officer engaged by the hour for a period not exceeding one calendar month in any period of engagement, or any officer employed as a casual on an hourly rate of pay by agreement between the Association and the employer.

"De facto partner" means a relationship (other than a legal marriage) between two persons who live together in a 'marriage-like' relationship and includes same sex partners.

"Employer" means a Respondent listed in Schedule A – List of Respondents of this Award.

"Fixed term officer" means an officer who is employed on a full time or part-time basis on a contract of service of specified duration.

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

"Metropolitan area" means that area within a radius of 50 kilometres from the Perth city railway station.

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

"One working day" shall be equated to seven hours and 30 minutes.

"Partner" means either spouse or de facto partner.

"Part-time employment" means regular and continuing employment of less than 37.5 hours per week.

"Spouse" means a person who is lawfully married to that person.

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

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


5. Clause 8. – Contract of Service: Delete subclause (2)(a) of this clause and insert the following in lieu thereof:

(2) (a) No officer shall leave the employ of an employer until the expiration of one month's written notice of the officer's intention to do so, without the approval of the employer. An officer who fails to give the required notice shall forfeit a sum of $500.00. Such monies may be withheld from monies due on termination.


6. Clause 9. – Part-Time Employment: Delete this clause and insert the following in lieu thereof:

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

(i) the agreed period of the arrangement; and

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

(b) The employer shall give an officer one (1) month's notice of any proposed variation to that officer's ordinary working hours, provided that the employer shall not vary the officer's total weekly hours of duty without the officer's prior written consent, a copy of which shall be forwarded to the Association.

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

(i) Time worked up to 7½ hours on any day is not to be regarded as overtime but an extension of the contract hours for that day and should be paid at the normal rate of pay.

(ii) Additional days worked, up to a total of five days per week, are also regarded as an extension of the contract and should be paid at the normal rate of pay.

(2) The provisions of Clause 22. - Overtime of this Award shall apply to all time worked outside the ordinary working hours prescribed by paragraph (a) (ii) of subclause (1) of this clause unless an arrangement pursuant to paragraph (c) of subclause (1) of this clause is in place.

(3) Nothing in this clause prevents the employer and the employee agreeing to other such arrangements as is approved by the employer, in accordance with subclause (4) of Clause 20. - Hours of this Award.

(4) (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 accordance with the following formula:

Hours Worked per Fortnight
X
Full-time Fortnightly Salary
75

1

(b) An officer shall be entitled to annual increments as prescribed in Clause 18. - Annual Increments of this Award.

(5) Officers are entitled to the holidays prescribed in Clause 24. - Public Holidays of this Award without variation of the officer's fortnightly salary provided the holidays occur on a day which is normally worked.

(6) (a) An officer shall be granted leave in accordance with Clause 23. - Annual Leave of this Award. Payment to an officer proceeding on annual leave shall be calculated having regard for any variations to the officer's ordinary working hours during the accrual period. Payment in such instances shall be calculated as follows:

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

Average Fortnightly Hours Worked
X
Fortnightly Salary
75

1

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

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

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

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

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

(b) Part-time officers are entitled to travel concessions pursuant to subclause (8) of Clause 23. - Annual Leave of this Award on a pro-rata basis according to the usual number of hours worked per week.

Travelling time shall be calculated on a pro-rata basis according to the number of hours normally worked.

(7) Credits provided in Clause 26. - Sick Leave of this Award shall accrue to the officer provided that where an officer is employed for less than 75 hours per fortnight, the credits shall be pro rated according to the number of hours worked each fortnight. Payment made for sick leave granted in respect of part-time service shall be calculated in accordance with the formula set out in paragraph (a) of subclause (4) of this clause.

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

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

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

(9) Subject to Clauses 38. - Trade Union Training Leave and 39. - Defence Force Reserves Leave of this Award, part-time officers shall receive the same entitlement as full-time officers, but payment shall only be made for those hours that would normally have been worked but for the leave.

(10) Subject to Clause 31. - Short Leave of this Award, part-time officers are eligible for short leave on a pro-rata basis calculated in accordance with the following formula:

Hours Worked Per Fortnight
X
22.5 Hours



75

1

(11) Subject to Clause 30. - Study Leave of this Award, part-time officers are entitled to study leave on the same basis as full-time officers.

(12) Right of Reversion of Officers

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

(b) Where a full-time officer is permitted to work part-time for a period greater than 12 months that officer may apply to revert to full-time hours in the position previously occupied before becoming part-time or a position of equal classification but only as soon as deemed practicable by the employer. This should not prevent the transfer of said officer to another full-time position in a classification commensurable to that of their previous full-time position.

(13) The number or proportion of part-time officers employed in public authorities shall not exceed any number or proportion that may be agreed in writing between the Civil Service Association and the employer.


7. Clause 10. – Casual Employment: Delete 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 11. - Salaries or Clause 12. - Salaries - Specified Callings of this Award in accordance with the following formula:

Fortnightly Salary
75

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

(2) Conditions of Employment

(a) 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 carer’s leave. However, where expenses are directly and necessarily incurred by a casual employee in the ordinary performance of their duties, he/she shall be entitled to reimbursement in accordance with the provisions of this Award.

(b) Nothing in this clause shall confer "permanent" or "fixed term contract" officer status to a casual officer.

(c) The employment of a casual officer may be terminated at any time by the casual officer or the employer giving to the other, one hour's prior notice. In the event of an employer or casual officer failing to give the required notice, one hour's salary shall be paid or forfeited.

(d) The provisions of Clause 22. - Overtime Allowance of this Award do not apply to casual officers who are paid by the hour for each hour worked. Additional hours are paid at the normal casual rate.

(e) A casual officer shall be informed that their employment is casual and that they have no entitlement to paid leave, with the exception of bereavement leave before they are engaged.

(3) Caring Responsibilities

(a) Subject to the evidentiary and notice requirements in Clause 27 – Carers Leave of this Award, 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.


8. Clause 11. – Salaries: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Subject to Clause 17. - Traineeships of this Award the annual salaries applicable to officers not covered by Clause 12. – Salaries – Specified Callings of this Award shall be those contained in Schedule D – Salaries of this Award.


9. Clause 12. – Salaries – Specified Callings: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Officers who possess a relevant tertiary level qualification, or equivalent determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, and who are employed in the callings of Agricultural Scientist, Architect, Architectural Graduate, Community Corrections Officer, Dental Officer, Dietician, Education Officer, Engineer, Forestry Officer, Geologist Laboratory Technologist, Land Surveyor, Legal Officer, Librarian, Medical Officer, Medical Scientist, Pharmacist, Planning Officer, Podiatrist, Psychiatrist, clinical Psychologist, Psychologist, Quantity Surveyor, Medical Imaging Technologist, Nuclear Medicine Technologist, Radiation Therapist, Scientific Officer, Social Worker, Superintendent of Education, Therapist (Occupational, Physio or Speech), Veterinary Scientist, or any other professional calling determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, shall be entitled to annual salaries as contained in Schedule E – Salaries – Specified Callings of this Award.


10. Clause 13. – Purchased Leave – 44/52 Salary Arrangement: Delete this clause and insert the following in lieu thereof:

(1) The employer and an employee may agree to enter into an arrangement whereby the employee can purchase up to eight (8) weeks additional leave.

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

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

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

(5) The employee can agree to take a reduced salary spread over the 52 weeks of the year and receive the following amounts of purchased leave:

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

(6) The purchased leave will not be able to be accrued. The employee is to be entitled to pay in lieu of the purchased leave not taken. In the event that the employee is unable to take such purchased leave, his/her salary will be adjusted on the last pay period in January to take account of the fact that time worked during the year was not included in the salary.

(7) Where an officer who is in receipt of an allowance provided for in Clause 19. - Higher Duties Allowance of this Award proceeds on any period of additional purchased leave the officer shall not be entitled to receive payment of the allowance for any period of additional purchased leave. When not on a period of purchased leave the officer shall receive the full entitlement to Higher Duties Allowance in accordance with Clause 19. – Higher Duties Allowance of this Award.

(8) In the event that a part-time employee’s ordinary working hours are varied during the year, the salary paid for such leave taken will be adjusted on the last pay in January to take into account any variations to the employee’s ordinary working hours during the previous year.


11. Clause 15. – Salary Packaging Arrangement: Delete this clause and insert the following in lieu thereof:

(1) An officer may, by agreement with the employer, enter into a salary packaging arrangement in accordance with this clause and Australian Taxation Office requirements.

(2) Salary packaging is an arrangement whereby the entitlements and benefits under this Award, contributing toward the Total Employment Cost (TEC), (as defined in subclause (3) of this clause) of an officer, can be reduced by and substituted with another or other benefits.

(3) The TEC for salary packaging purposes is calculated by adding the following entitlements and benefits:

(a) the base salary;

(b) other cash allowances;

(c) non cash benefits;

(d) any Fringe Benefit Tax liabilities currently paid; and

(e) any variable components.

(4) Where an officer enters into a salary packaging arrangement the officer will be required to enter into a separate written agreement with the employer setting out the terms and conditions of the salary packaging arrangement.

(5) Notwithstanding any salary packaging arrangement, the salary rate as specified in this Award, is the basis for calculating salary related entitlements specified in the Award.

(6) Compulsory Employer Superannuation Guarantee contributions are to be calculated in accordance with applicable federal and state legislation. Compulsory employer contributions made to superannuation schemes established under the State Superannuation Act 2000 are calculated on the gross (pre packaged) salary amount regardless of whether an officer participates in a salary packaging arrangement with their employer.

(7) A salary packaging arrangement cannot increase the costs to the employer of employing an individual.

(8) A salary packaging arrangement is to provide that the amount of any taxes, penalties or other costs for which the employer or officer is or may become liable for and are related to the salary packaging arrangement, shall be borne in full by the officer.

(9) In the event of any increase in taxes, penalties or costs relating to a salary packaging arrangement, the officer may vary or cancel that salary packaging arrangement.


12. Clause 16. – Supported Wage: Delete this clause and insert the following in lieu thereof:

(1) Officers Eligible for a Supported Wage

This clause defines the conditions that will apply to officers who, because of the effects of a disability, are eligible for a supported wage under the terms of this clause. In the context of this clause, the following definitions will apply:

"Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme; and

"Assessment Instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(2) Eligibility Criteria

Officers covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the officer is engaged under this Award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension. (This clause does not apply to any existing officer who has a claim against the employer, which is subject to the provisions of workers' compensation legislation, or any provision of the Award relating to the rehabilitation of officers who are injured in the course of their current employment).

This clause also does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or eligible for a Disability Support Pension, except with respect to an organisation which has received recognition under s10 or s12A of the Act, or if a part only has received recognition, that part.

(3) Supported Wage Rates

Officers to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by the Award for the class of work, which the person is performing according to the following schedule:

Assessed Capacity (clause 16.5)
% of Prescribed Award Rate
10%*
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%

(Provided that the minimum amount payable shall be not less than $61 per week).

*Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.

(4) Assessment of Capacity

For the purpose of establishing the percentage of the Award rate to be paid to the officers, the productive capacity of the officer will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

(a) the employer and the union, in consultation with the officer, or if desired by any of these; or

(b) the employer and an accredited Assessor from a panel agreed by the parties to the Award and the officer.

(5) Lodgement of Assessment Instruments

All assessment instruments under the conditions of this clause, including the appropriate percentage of the Award wage rate to be paid to the officer, shall be lodged by the employer with the Registrar of the Commission.

All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.

(6) Review of Assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

(7) Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Officers covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other officers covered by the Award paid on a pro rata basis.

(8) Workplace Adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the officer's capacity to do the job. Changes may involve re design of job duties, working time arrangements and work organisation in consultation with other officers in the area.

(9) Trial Period

In order for an adequate assessment of the officer's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

The minimum amount payable to the officer during the trial period shall be no less than $61 per week.

Work trials should include induction or training as appropriate to the job being trialled.

Where the employer and officer wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause (5) of this clause.


13. Clause 17. – Traineeships: Delete this clause and insert the following in lieu thereof:

(2) Traineeships

(a) Trainees are to be additional to the normal workforce of the employer so that trainees shall not replace paid workers or volunteers or reduce the hours worked by existing officers.

(b) Training Conditions:

The arrangements between the employer and the trainee in relation to the traineeship are as specified in the Traineeship Training Contract, as administered by the Department of Education and Training. The trainee will be trained in accordance with the agreed Training Plan.

(c) Employment Conditions:

(i) the initial period of employment for trainees is the nominal training period endorsed at the time the particular traineeship is established;

(ii) completion of the traineeship scheme will not guarantee the trainee future employment in the public sector, but the employer will cooperate to assist the trainee to be placed in suitable employment, should a position arise;

(iii) trainees are permitted to be absent from work without loss of continuity of employment to attend off the job training in accordance with the Training Plan. However, except for absences provided for under this Award, failure to attend for work or training without an acceptable cause may result in loss of pay for the period of the absence;

(iv) trainees will receive a mix of supervised work experience, structured training on the job and off the job, and the opportunity to practice new skills in a work environment; and

(v) overtime and shift work shall not be worked by trainees except to enable the requirements of the training to be effected. When overtime and shift work are worked the relevant allowances and penalties of the Award, based on the training wage referenced in paragraph (d) of this subclause will apply. No trainee shall work overtime or shift work unsupervised.

(d) Wages:

The salary applicable to trainees shall be as prescribed in the National Training Wage Award 2000 for officers up to and including 20 years of age. Adult trainees will be paid the rate prescribed under the Minimum Conditions of Employment Act 1993 for the minimum weekly rate of pay for officers 21 or more years of age.


14. Clause 19. – Higher Duties Allowance: Delete subclause (7) of this clause and insert the following in lieu thereof:

(7) For the purpose of this clause the expression "normal annual leave" shall mean the annual period of recreation leave as referred to in Clause 23. - Annual Leave of this Award and shall include any public holidays and leave in lieu accrued during the preceding twelve (12) months taken in conjunction with such annual leave.


15. Clause 20. – Hours:

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

(3) The employer may vary the ordinary hours of attendance observed in the public authority so as to make provision for -

(a) the attendance of officers for ordinary duty on a Saturday, Sunday, or Public Holiday as prescribed in Clause 24. - Public Holidays of this Award;

(b) the performance of shift work including work on Saturdays, Sundays, and Public Holidays as prescribed in Clause 21. - Shift Work Allowance of this Award;

(c) the disposal of public business or the nature of the duties of an officer or class of officers.

Provided that where the ordinary hours of duty are so varied they shall not prescribe ordinary working hours in excess of 150 in a four week period. This provision is subject to subclause (2)(a) of this clause.


B. Delete subclause (7) of this clause and insert the following in lieu thereof:

(7) Flexitime Arrangements

(a) In accordance with subclause (4)(a) of this clause officers may select their own starting and finishing times within the following periods:

7.30 am to 9.30 am

12.00 noon to 2.00 pm

3.30 pm to 6.00 pm

(b) (i) A flexitime roster shall be maintained by the employer who will indicate the minimum staffing and other requirements in respect to starting and finishing times, lunch break coverage and flexileave.

(ii) The flexitime roster shall be made available to all affected officers no later than three days prior to the settlement period described in subclause (7)(b)(i) of this clause.

(iii) The flexitime roster shall be prepared in consultation with the affected officers, subject to the employer retaining the right to determine hours to suit operational needs.

(iv) Subject to four weeks' notice being given, the employer may withdraw the authorisation of a flexitime roster.

(c) Officers must work in the following periods:

9.30 am to 12.00 noon

2.00 pm to 3.30 pm

For the purposes of this subclause such periods are to be known as core periods.

(d) An officer shall be allowed a meal break between 12.00 noon and 2.00 pm of not less than 30 minutes but not exceeding 45 minutes except where approved by the employer.

(e) Notwithstanding any provisions contained in this subclause an officer may be allowed a maximum of two full days or any combination of half days and full days that does not exceed two days in any one settlement period as described in subclause (7)(b)(i) of this clause.

(f) Flexileave may be taken before accrual subject to such conditions as the employer may impose.

(g) Full days of flexileave may not be taken on consecutive working days.

(h) For the purposes of this subclause a settlement period shall -

(i) consist of four weeks;

(ii) commence at the beginning of a pay period;

(iii) have the required hours of duty of 150 hours.

(i) (i) Credit hours a maximum of seven hours 30 minutes shall be allowed at the end of each settlement period and shall be carried forward to the next settlement period.

(ii) In the case of credit hours greater than seven hours thirty (30) minutes gained in one settlement period, the hours in excess of seven hours 30 minutes shall be lost.

(iii) Credit hours at any point within the settlement period shall not exceed 20 hours.

(j) (i) Debit hours below the required 150 hours prescribed in paragraph (i) of this subclause to a maximum of four hours shall be allowed at the end of each settlement period and shall be carried forward to the next settlement period.

(ii) For debit hours in excess of four hours, officers shall be required to take leave without pay for the period necessary to reduce debit hours to those specified in subclause (j)(i) of this clause.

(k) Notwithstanding any of the provisions contained in this subclause, maximum of ten hours may be worked in any one day.

(l) Where study leave as provided in Clause 30. - Study Leave of this Award has been approved credits will be given for education commitments provided in that clause and for which leave is necessary to allow for attendance at formal classes.

(m) (i) Officers receiving at least one day's prior notice of overtime shall be required to work the prescribed hours of duty determined by the officer under subclause (1) of this clause.

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

(aa) where the officer has at the commencement of that day two hours or more flexitime credits, the officer shall be paid overtime after five hours' work on that day or for time worked after 3.30 pm, whichever is the later; or

(bb) where that officer has commenced duty prior to 8.30 am and has, at the commencement of that day, less than two hours' flexitime credits, the officer shall be paid overtime, for time worked after the completion of prescribed hours of duty or after working seven hours 30 minutes on that day, whichever is the earlier; or

(cc) where that officer has commenced work after 8.30 am and has, at the commencement of that day, less than two hours' flexitime credits, the officer shall be paid overtime, for time worked after 5.30 pm or after working seven hours 30 minutes, on that day whichever is the earlier.

(iii) Where an officer is required to work overtime at the beginning of a day with less than one day's notice, that officer shall be paid overtime for any time worked prior to the commencing time for prescribed hours of duty determined by the public authority under subclause (1) of this clause.

C. Delete subclause (8) of this clause and insert the following in lieu thereof:

(8) Nine Day Fortnight

(a) In accordance with the provision contained in paragraph (b) of subclause (4) of this clause, the ordinary hours of duty of 75 hours a fortnight may be worked over nine days of the fortnight exclusive of work performed on Saturday, Sunday and the rostered day off.

(b) For the purposes of this subclause the ordinary hours of duty to be worked shall be eight hours 20 minutes worked between 7.00 am and 6.00 pm, on five days per week excluding Saturday and Sunday.

(c) Each officer shall be allowed one rostered day off per fortnight.

(d) When a public holiday falls on a rostered day off that officer shall be granted a day in lieu of the public holiday prior to the conclusion of the current fortnight.

(e) In taking annual leave, where a period of leave involves a part day, the part day shall be availed of at the commencement of the period of leave.

D. Delete subclause (10) of this clause.


16. Clause 21. – Shift Work Allowance: Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Hours of Duty and Rosters

(a) An officer engaged on shifts shall work a 75-hour fortnight, exclusive of meal intervals, on the basis of not more than ten (10) shifts per fortnight of not more than seven and one half hours duration. Provided that where agreement is reached between the employer and the Association the length and/or number of shifts worked per fortnight may be altered.

Provided that when the agreed length of a shift is extended past seven and one half hours, overtime shall be payable only for time worked in excess of the rostered shift.

Provided also that whenever an agreed alteration to the number of hours per shift has occurred then the allowance per shift shall be varied on a pro rata basis to reflect any variation to other than seven and one half (7½) hours.

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

(c) Officers may be rostered to work on any of the seven days of the week provided that no officer shall be rostered for more than six (6) consecutive days.

Provided that where agreement is reached between the employer and the Association, shift workers may be exempted from this provision.

(d) The roster period shall commence at the beginning of a pay period and continue for fourteen (14) consecutive days. Rosters shall be available to officers at least five (5) clear working days prior to the commencement of the roster.

(e) A roster may only be altered on account of a contingency, which the employer could not have been reasonably expected to foresee. When a roster is altered, the officer concerned shall be notified of the changed shift 24 hours before the changed shift commences. Provided that where such notice is not given, the officer shall be paid overtime in accordance with Clause 22. - Overtime Allowance of this Award for the duration of the changed shift. This provision shall not apply to an officer who was absent from duty on the officer's last rostered shift.

(f) An officer shall not be rostered for duty until at least ten (10) hours have elapsed from the time the officer's previous rostered shift ended. Provided that where agreement is reached between the Association and the employer the ten (10) hour break may be reduced to accommodate special shift arrangements, except that under no circumstances shall such an agreement provide for a break of less than 8 hours.

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

(h) Officers shall be allowed to exchange shifts or days off with other officers provided the approval of the employer has been obtained and provided further that any excess hours worked shall not involve the payment of overtime.


17. Clause 22. – Overtime Allowance: Delete the number, title and clause and insert the following in lieu thereof:

22. – OVERTIME ALLOWANCE

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

"prescribed hours of duty" means the officer's normal working hours as prescribed in Clause 20. - Hours of this Award, or written instruction issued out of that clause.

"public holiday" means the days prescribed in Clause 24. - Public Holidays of this Award.

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

"a day" shall mean from midnight to midnight.

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

(3) Reasonable Hours of Overtime

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

(b) An officer may refuse to work overtime in circumstances where the working of such overtime would result in the officer working hours which are unreasonable having regard to:

(i) any risk to officer health and safety;

(ii) the officer's personal circumstances including any family responsibilities;

(iii) the needs of the workplace or enterprise;

(iv) the notice, if any, given by the employer of the overtime and by the officer of his or her intention to refuse it; and

(v) any other relevant matter.

(4) (a) All work performed by an officer whose hours of attendance are determined in accordance with subclause (1) of Clause 20. - Hours of this Award by direction of the employer:

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

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

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

Weekdays:

For the first three hours on any one week day –

Fortnightly salary
75
X
3
2

After the first three hours on any one week day -

Fortnightly salary
75
X
2
1

Saturday:

First three hours on any Saturday -

Fortnightly salary
75
X
3
2

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

Fortnightly salary
75
X
2
1

Sundays:

Fortnightly salary
75
X
2
1

Public Holidays:

During prescribed hours of duty

Fortnightly salary
75
X
3
2

in addition to the normal days pay.

During hours outside of prescribed hours of duty -

Fortnightly salary
75
X
5
2

(ii) For the purposes of this clause fortnightly salary shall not include any district allowances, personal allowances, service allowances, special allowances or higher duties allowance, unless otherwise approved by the employer.

Provided that a special allowance or higher duties allowance shall be included in "fortnightly salary" when overtime is worked on duties for which these allowances are specifically paid.

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

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

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

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

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

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

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

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

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

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

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

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

(i) Except as provided in paragraph (k) of this subclause, payment for overtime, or the granting of time off in lieu of overtime or travelling time, shall not be approved in the following cases -

(i) Officers whose maximum salary or maximum salary and allowance in the nature of salary exceeds the gross annual equivalent to the salary paid from time to time in respect of Level 5 as contained in Clause 11. - Salaries and Clause 12. - Salaries - Specified Callings of this Award.

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

(j) Notwithstanding the provisions of paragraph (i) of this subclause, where from the nature of the duties required or from other relevant circumstances it appears just and reasonable, any such officer as is referred to in that paragraph shall, with the special approval of the employer be paid overtime or granted time off in lieu as prescribed by paragraph (b) or paragraph (c) respectively of this subclause and where in any such case the employer declines to give such special approval the matter may be referred to the Public Service Arbitrator. When an officer not subject to close supervision is directed by the employer to carry out specific duties involving the working of overtime, and provided such overtime can be reasonably determined, then such officer shall be entitled to payment or time off in lieu of overtime worked in accordance with paragraph (b) or paragraph (c) of this subclause.

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

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

(iii) The provisions of this paragraph shall not apply to officers included in subclause (5) of this clause.

(l) Where an officer is required to work a continuous period of overtime which extends passed midnight into the succeeding day the time worked after midnight shall be included with that worked before midnight for the purpose of calculation of payment provided for in paragraph (b) of this subclause.

(5) (a) For the purpose of this subclause:

“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 paragraph (i) of subclause (4) of this clause recall to work under such circumstances would constitute emergency duty in accordance with subclause (6) of this clause.

Out of Hours Contact

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

Standby

Level 2 (minimum) weekly rate
x
1
37.5
x
37.5
100

On Call

Level 2 (minimum) weekly rate
x
1 37.5
x
18.75
100

Availability

Level 2 (minimum) weekly rate
x
1 37.5
x
18.75 100
x
50
100

Such allowances are contained in Part I of Schedule I – Clause 22. – 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 (4) of this clause when the officer is recalled to work.

(c) Where an officer is required to be on "on call" or "available" and the means of contact is to be by landline or satellite telephone fixed at the officer's residence the employer shall:

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

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

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

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

(d) An officer shall be reimbursed the cost of all telephone calls made on behalf of the employer as a result of contact pursuant to paragraph (a) of this subclause.

(e) Where an officer rostered for "on call" or "availability" is recalled for duty during the period for which the officer is on "out of hours contact" then the officer shall receive payment for hours worked in accordance with paragraph (b) of subclause (4) of this clause.

(f) Time spent in travelling to and from the place of duty where an officer rostered on "on call" or "availability" is actually recalled to duty, shall be included with actual duty performed for purposes of overtime payment.

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

(h) 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.

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

(6) (a) (i) Where an officer is called on duty to meet an emergency at a time when the officer would not ordinarily have been on duty and no notice of such call was given prior to completion of usual duty on the last day of work prior to the day on which the officer is called on duty, then, if called to duty

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

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

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

(b) Time spent in travelling to and from the place of duty where the officer is actually recalled to perform emergency duty shall be included with actual duty performed for the purposes of overtime payment.

(c) An officer recalled to work to perform emergency duty shall not be obliged to work for the minimum period if the work is completed in less time, provided that an officer called out more than once within any such minimum period shall not be entitled to any further payment for the time worked within that minimum period.

(7) An officer eligible for payment of overtime in accordance with paragraph (j) of subclause (4) of this clause, who is required to travel on official business outside of the officer's normal working hours and away from the officer's usual headquarters, shall be granted time off in lieu of such actual time spent in travelling at equivalent or ordinary rates on weekdays and at time and one half rates on Saturdays, Sundays, and public holidays, provided:-

(a) Such travel is undertaken at the direction of the employer.

(b) Such travel shall not include -

(i) time spent in travelling by an officer on duty at a temporary headquarters to the officer's home for weekends for the officer's own convenience;

(ii) time spent in travelling by plane between the hours of 11.00 pm and 6.00 am;

(iii) time spent in travelling by train or coach between the hours of 11.00 pm and 6.00 am;

(iv) time spent in travelling by ship when meals and accommodation are provided;

(v) time spent in travel resulting from the permanent transfer or promotion of an officer to a new location;

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

(c) Time off in lieu will not be granted for periods of less than thirty minutes.

(d) Where such travel is undertaken on a normal working day, time off in lieu is granted only for such time spent in travelling before and/or after the usual hours of duty, and where an officer is required to travel during the officer's usual lunch interval such additional travelling time is not to be taken into account in computing the number of hours of travelling time due.

(e) Where such travel is undertaken on a normal working day, time off in lieu is granted only for such time spent in travelling before and/or after the usual hours of duty which is in excess of the officer's ordinary travelling time.

(f) Except as provided in paragraph (b) of this subclause, all time spent in actual travel on Saturdays, Sundays, and public holidays provided in Clause 24. - Public Holidays of this Award, shall be deemed to be excess travelling time.

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

Except in the case of emergency, an officer shall not be compelled to work more than five hours' overtime duty without a meal break. At the conclusion of a meal break the calculation of the five hours limit recommences.

(b) An officer required to work overtime who purchases a meal shall be reimbursed for each meal purchased at the rate prescribed for that meal in Part II of Schedule I – Clause 22. – Overtime Allowance of this Award.

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

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

(9) Any group of officers whose duties necessarily entail special conditions of employment shall not be subject to the prescribed hours of duty as defined in subclause (1) of this clause if the employer and the Association so agree.


18. Clause 23. – Annual Leave: Delete this clause and insert the following in lieu thereof:

(1) (a) Except as provided in subclause (10) of this clause, each officer is entitled to four weeks' leave on full pay for each year of service. Annual leave shall be calculated on a calendar year basis commencing on January 1 in each year.

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

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

(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.

(2) Pro-rata annual leave shall be calculated according to the following formula:-

Completed calendar months of service:
1
2
3
4
5
6
7
8
9
10
11
Pro rata annual leave (working days):
2
3
5
7
8
10
12
13
15
17
18

Provided that in the first and last months of an officer's service the officer is entitled to pro rata annual leave of one working day for each two completed weeks of service.

For the purposes of this subclause, an officer who commences on the first working day of a month and works for the remainder of the month and an officer who has worked throughout a month and terminates on the last working day of a month shall be regarded as having completed that calendar month of service.

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

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

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

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

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

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

(6) An officer who, during an accrual period was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the officer's ordinary working hours at the time of commencement of annual leave, may elect to take a lesser period of annual leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of annual leave.

(7) (a) An officer whose headquarters are located north of the 26 degrees south latitude shall receive an additional five working day's leave on the completion of each 12 months' continuous service in the region.

(b) An officer who proceeds on annual leave before having complete the necessary year of continuous service may be given approval for the additional five working days' leave provided the leave is taken at the employer's convenience and provided the officer returns to that region to complete the necessary service.

(c) Where an officer has served continuously for at least a year north of the 26 degrees south latitude, and leaves the region because of promotion or transfer, a pro rata annual leave credit to be cleared at the employer's convenience shall be approved on the following basis:

Completed months of continuous service in the region after the initial years service:
1
2
3
4
5
6
7
8
9
10
11
Pro rata additional annual leave (working days):
Nil
Nil
1
1
2
2
2
3
3
4
4

(d) Where payment in lieu of pro rata annual leave is made on the death, resignation or retirement of an officer in the region, in addition to the payment calculated on a four week basis, payment may be made for the pro rata entitlement contained in paragraph (c) of this subclause.

(8) (a) (i) Officers and their dependants proceeding on annual leave to either Perth or Geraldton from headquarters situated in areas 3, 4, 5 and 6, as defined in Clause 42. - District Allowance, of this Award, shall be entitled to the concessions contained in Schedule M – Travel Concessions for Annual Leave of this Award; provided that the officer has at least 12 months service in these areas.

(ii) An officer who has less than 12 months service in the abovementioned areas and who is required to proceed on annual leave to suit departmental convenience shall be entitled to the concessions. The concession may also be given to an officer who proceeds on annual leave before completing the 12 months service provided that the officer returns to the area to complete the 12 months service at the expiration of the period of leave.

(iii) The mode of travel is to be at the discretion of the employer.

(iv) Travel concessions not utilised within 12 months of becoming due will lapse.

(b) Where officers are entitled to a travel concession under this subclause and the officer's headquarters is situated in District Allowance Areas 3, 4, 5 or 6 a travel concession covering the cost of airfares or motor vehicle allowance up to a maximum amount equivalent to the value of a return economy airfare to Perth will be provided for each officer and each of his/her dependants when proceeding on annual leave to a location other than Perth or Geraldton.

(c) Officers, other than those designated in paragraph (a) of subclause (8) of this clause, whose headquarters are situated two hundred and forty kilometres or more from Perth General Post Office and who travel to Perth for their annual leave may be granted by the employer reasonable travelling time to enable them to complete the return journey.

(d) (i) An officer of the Western Australian Tourism Commission who was recruited in Perth and is serving in another State shall receive return economy class air fares or equivalent for spouse and dependants from branch office to Perth and return annually for the purpose of annual leave, providing the period taken is not less than ten (10) working days. The provision of airfares is not cumulative from one year to the next.

(ii) The mode of transport to be at the discretion of the officer provided that reimbursement is not above the maximum cost of the air fares.

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

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

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

(10) An officer who has been permitted to proceed on annual recreation leave and who ceases duty before completing the required continuous service to accrue the leave must refund the value of the unearned pro rata portion calculated at the rate of salary as at the date the leave was taken, but no refund is required in the event of the death of an officer.

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

(12) Every officer, other than an officer referred to in subclause (6) of this clause, to whom the employer has granted annual leave in excess of four weeks because of special circumstances shall be credited with such additional leave on a pro rata basis according to the following formula:-

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

Five (5) Additional Days
Ten (10) Additional Days



1
Nil
Nil
2
Nil
1
3
1
2
4
1
3
5
2
4
6
2
5
7
2
5
8
3
6
9
3
7
10
4
8
11
4
9

(13) Notwithstanding the foregoing, but subject to paragraph (1)(d) of this clause, the employer may direct an employee to take accrued annual leave and may determine the date on which such leave shall commence. Should the employee not comply with the direction, disciplinary action may be taken against the employee.

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

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

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

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

whichever is greater.

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

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

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

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

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

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

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

(i) District Allowance;

(ii) Personal Allowance;

(iii) Protective Clothing Allowance, where it is paid as an annual amount;

(iv) Child Allowance paid to officers whose headquarters are located North of the 26 degrees South latitude;

(v) Commuted Overtime Allowance, where it is paid as an annual amount or a percentage of salary and paid throughout the year; and

(vi) Higher Duties Allowance, but only where the specific conditions of Clause 19. - Higher Duties Allowance of this Award are satisfied.

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

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

(j) An officer who has been permitted to proceed on annual leave and who ceases duty before completing the required continuous service to accrue the leave must refund the value of the unearned pro rata portion. Provided that no refund shall be necessary in the event of the death of an officer.


19. Clause 25. – Long Service Leave: Delete subclause (3) of this clause and insert the following in lieu thereof:

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

(b) Subject to the employer's convenience, an employer may approve an employee's application to take a complete entitlement of long service leave on full pay or half pay for double the period accrued, or may allow an employee to take the leave in minimum periods of one (1) day, provided in the case of long service leave which fell due prior to 16 March 1988, the portion of long service leave being taken on full or half pay shall be one complete month's entitlement or a multiple thereof.

(c) In these circumstances the leave actually taken is 50 percent of the accrued entitlement assessed.

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


20. Clause 26. – Sick Leave: Delete subclause (16) of this clause and insert the following in lieu thereof:

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


21. Clause 28. – 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 officers.

"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 paragraph (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 workplace or the employer’s business. Such grounds might include:

(i) cost;

(ii) lack of adequate replacement staff;

(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 paragraphs (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 paragraph (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 9. – 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 9. – 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 (3) of Clause 8. – 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.


22. Clause 30. – Study Leave: Delete this clause and insert the following in lieu thereof:

(1) Conditions for Granting Time Off

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

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

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

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

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

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

(i) employer convenience;

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

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

(iv) officers making satisfactory progress with their studies;

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

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

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

(2) Payment of Fees and Other Costs

(a) Cadets and Trainees

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

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

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

(b) All Officers

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

(3) (a) Approved Courses

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

(ii) First degree or associate diploma courses at a college of advanced education.

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

(iv) Two-year full time certificate courses at TAFE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) The course or a similar course is not available locally. Where the course of study is available locally, applications are to be considered in accordance with the provisions of subclause (1) to (5) of this clause and Clause 29. - Leave Without Pay of this Award.

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

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

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

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

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

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

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

(9) The employer supports recipients of coveted awards and fellowships by providing study leave with pay. Recipients normally receive as part of the award or fellowship; return airfares, payment of fees, allowance for books, accommodation or a contribution towards accommodation.

(10) Where recipients are in receipt of a living allowance, this amount should be deducted from the officer's salary for that period.

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

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

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

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


23. Clause 32. – Bereavement Leave:

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

(4) Payment of such leave may be subject to the officer providing evidence, if so requested by the employer, of the death or relationship to the deceased, that would satisfy a reasonable person.

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

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


24. Clause 34. – Blood/Plasma Donors Leave: Delete this clause and insert the following in lieu thereof:

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

prior arrangements with the employer have been made and at least two (2) days' notice has been provided; or

the officer is called upon by the Red Cross Blood Centre.

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

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

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


25. Clause 36. – Union Facilities for Union Representatives: Delete subclause (5) of this clause and insert the following in lieu thereof:

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

(a) Paid time off from normal duties to perform their functions as a union representative such as organising, recruiting, individual grievance handling, collective bargaining, involvement in the electorate delegates committee and to attend union business in accordance with Clause 37. - Leave to Attend Association Business of this Award.

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

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

(d) Paid access to periods of leave for the purpose of attending union training courses in accordance with Clause 38. - Trade Union Training Leave of this Award. Country representatives will be provided with appropriate travel time.

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

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

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


26. Clause 40. – Witness and Jury Service: Delete this clause and insert the following in lieu thereof:

Witness

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

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

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

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

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

Jury

(6) An officer required to serve on a jury shall as soon as practicable after being summoned to serve, notify the supervisor/manager who shall notify the employer.

(7) An officer required to serve on a jury shall be granted by the employer leave of absence on full pay, but only for such period as is required to enable the officer to carry out duties as a juror.

(8) An officer granted leave of absence on full pay as prescribed in subclause 6 of this clause is not entitled to retain any juror's fees but shall pay all fees received into the Consolidated Fund. The receipt for such payment shall be forwarded with a voucher showing the amount of juror's fees received to the employer.


27. Clause 41. – Camping Allowance: Delete this clause and insert the following in lieu thereof:

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

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

(a) water is freely available;

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

(c) hot water system;

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

(e) an electricity or power supply; and

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

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

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

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

(2) An officer, who is stationed in a camp of a permanent nature, shall be paid the appropriate allowance prescribed by Item 1 or Item 2 of Schedule F – Clause 41. – Camping Allowance of this Award for each day spent camping.

(3) An officer who is stationed in a camp - other than a permanent camp - or is required to camp out shall be paid the appropriate allowance prescribed by Item 3 or Item 4 of Schedule F – Clause 41. – Camping Allowance of this Award for each day spent camping.

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

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

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

(7) (a) An officer shall not be entitled to receive an allowance under this clause for periods in excess of 91 consecutive days unless the employer otherwise determines. Provided that where an officer makes use of the provisions of Clause 53. - Travelling Allowance of this Award then such periods shall be included for the purposes of determining the ninety-one consecutive days.

(b) The employer, in reviewing any claim under this subclause may determine an allowance other than is contained in Schedule F – Clause 41. – Camping Allowance of this Award.

(8) When camping, an officer shall be paid the allowance on Saturdays and Sundays if available for work immediately preceding and succeeding such days and no deduction shall be made under these circumstances when an officer does not spend the whole or part of the weekend in camp, unless the provisions of Clause 53. - Travelling Allowance of this Award are availed of.

(9) This clause shall be read in conjunction with Clause 49. - Relieving Allowance, Clause 52. - Transfer Allowance and Clause 53. – Travelling Allowance of this Award for the purpose of paying allowances, and camping allowance shall not be paid for any period in respect of which travelling, transfer or relieving allowances are paid. Where portions of a day are spent camping, the formula contained in subclause (4) of Clause 53. - Travelling Allowance of this Award shall be used for calculating the portion of the allowance to be paid for that day.

For the purposes of this subclause arrival at headquarters shall mean the time of actual arrival at camp. Departure from headquarters shall mean the time of actual departure from camp or the time of ceasing duty on the field subsequent to breaking camp, whichever is the later. Calculation of parts of a day shall be in accordance with the formula contained in subclause (4) of Clause 53. - Travelling Allowance of this Award.

(10) Officers in receipt of an allowance under this Award shall not be entitled to receive the incidental allowance prescribed by Clause 53. - Travelling Allowance of this Award.

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

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


28. Clause 42. – District Allowance: Delete this clause and insert the following in lieu thereof:

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

"Dependant" in relation to an officer means:

(a) a spouse; or

(b) where there is no spouse, a child or any other relative resident within the State who rely on the officer for their main support;

who does not receive a district or location allowance of any kind.

(c) "Partial dependant" in relation to an officer means:

(i) a spouse; or

(ii) where there is no spouse, a child or any other relative resident within the State who rely on the officer for their main support;

who receives a district or location allowance of any kind less than that applicable to an officer without dependants under any award, agreement or other provision regulating the employment of the partial dependant.

(d) "Spouse" means an officer's spouse including de facto partner.

(2) (a) For the purposes of this clause, the boundaries of the various districts shall be as described hereunder and as delineated on the plan at Part 1 of Schedule G – Clause 42. – District Allowance of this Award.

(b) For the purposes of this clause, a district shall mean:

(i) The area within a line commencing on the coast; thence east along lat. 28 to a point north of Tallering Peak, thence due south to Tallering Peak; thence southeast to Mt Gibson and Burracoppin; thence to a point southeast at the junction of lat. 32 and long. 119; thence south along long. 119 to coast.

(ii) That area within a line commencing on the south coast at long. 119 then east along the coast to long. 123; then north along long. 123 to a point on lat. 30; thence west along lat. 30 to the boundary of No 1 District.

(iii) The area within a line commencing on the coast at lat. 26; then along lat. 26 to long. 123; thence south along long. 123 to the boundary of No 2 District.

(iv) The area within a line commencing on the coast at lat. 24; thence east to the South Australian Border; thence south to the coast; thence along the coast to long. 123 thence north to the intersection of lat. 26; thence west along lat. 26 to the coast.

(v) That area of the State situated between the lat. 24 and a line running east from Carnot Bay to the Northern Territory.

(vi) That area of the State north of a line running east from Carnot Bay to the Northern Territory Border.

(3) An officer shall be paid a district allowance at the standard rate prescribed in Column II of Schedule G – Clause 42. – District Allowance of this Award, for the district in which the officer's headquarters is located. Provided that where the officer's headquarters is situated in a town or place specified in Column III of Schedule G – Clause 42. – District Allowance of this Award, the officer shall be paid a district allowance at the rate appropriate to that town or place as prescribed in Column IV of Schedule G – Clause 42. – District Allowance of this Award.

(4) An officer who has a dependant shall be paid double the district allowance prescribed by subclause (3) of this clause for the district, town or place in which the officer's headquarters is located.

(5) Where an officer has a partial dependant the total district allowance payable to the officer shall be the district allowance prescribed by subclause (3) of this clause plus an allowance equivalent to the difference between the rate of district or location allowance the partial dependant receives and the rate of district or location allowance the partial dependant would receive if he or she was employed in a full time capacity under the Award, Agreement or other provision regulating the employment of the partial dependant.

(6) When an officer is on approved annual recreational leave, the officer shall for the period of such leave, be paid the district allowance to which he or she would ordinarily be entitled.

(7) When an officer is on long service leave or other approved leave with pay (other than annual recreational leave), the officer shall only be paid district allowance for the period of such leave if the officer, dependant/s or partial dependant/s remain in the district in which the officer's headquarters are situated.

(8) When an officer leaves his or her district on duty, payment of any district allowance to which the officer would ordinarily be entitled shall cease after the expiration of two weeks unless the officer's dependant/s or partial dependant/s remain in the district or as otherwise approved by the employer.

(9) Except as provided in subclause (8) of this clause, a district allowance shall be paid to any officer ordinarily entitled thereto in addition to reimbursement of any travelling, transfer or relieving expenses or camping allowance.

(10) Where an officer whose headquarters is located in a district in respect of which no allowance is prescribed in Schedule G – Clause 42. - District Allowance of this Award, is required to travel or temporarily reside for any period in excess of one month in any district or districts in respect of which such allowance is so payable, then notwithstanding the officer's entitlement to any such allowance provided by Clause 41.- Camping Allowance, Clause 49. - Relieving Allowance, Clause 51. - Sea - going Allowance and Clause 53. - Travelling Allowance of this Award, the officer shall be paid for the whole of such a period a district allowance at the appropriate rate prescribed by subclauses (3), (4) or (5) of this clause, for the district in which the officer spends the greater period of time.

(11) When an officer is provided with free board and lodging by the employer the allowance shall be reduced to two-thirds of the allowance the officer would ordinarily be entitled to under this clause.

(12) An officer who is employed on a part-time basis shall be entitled to district allowance on a pro-rata basis. The allowance shall be determined by calculating the hours worked by the officer as a proportion of the full-time hours prescribed by this award. That proportion of the appropriate allowance shall be payable to the officer.

(13) The rates expressed in Schedule G – Clause 42. - District Allowance of this Award shall be adjusted every twelve (12) months, effective from the first pay period to commence on or after the first day of July in each year, in accordance with the official Consumer Price Index (CPI) for Perth, as published for the preceding 12 months at the end of the March quarter by the Australian Bureau of Statistics.


29. Clause 44. – Diving Allowance: Delete this clause and insert the following in lieu thereof:

An officer who undertakes diving as part of their official duties or as a special duty which is sanctioned by the employer shall be paid an allowance as prescribed in Schedule L - Other Allowances of this Award for such diving. This allowance shall be in addition to any other payment for duties performed.

Provided that such allowance shall be paid only to an officer engaged on diving when self contained underwater breathing apparatus or deep sea diving equipment is used.


30. Clause 45. – Flying Allowance: Delete this clause and insert the following in lieu thereof:

(1) An officer who in the course of his or her official duties is required to fly in an aircraft other than those used in public air services, shall be paid an allowance as prescribed in Schedule L - Other Allowances of this Award for the following duties:

(a) Observation and photographic duties, in a fixed wing aircraft.

(b) Cloud seeding and fire bombing duties, observation and photographic duties involving operations in which fixed wing aircraft are used at heights of less than 304 metres or in unpressurised aircraft at heights of more than 3048 metres.

(c) When required to fly in a helicopter on fire bombing duties, observation and photographic duties or stock surveillance.


31. Clause 46. – Motor Vehicle Allowance: Delete this clause and insert the following in lieu thereof:

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

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

"Metropolitan area" means that area within a radius of 50 kilometres from the Perth Railway Station.

"Southwest land division" means the South-west Division as defined by Schedule 1, Land Administration Act 1997 excluding the area contained within the metropolitan area.

"Rest of the state" means that area south of 23.5 degrees south latitude, excluding the metropolitan area and the southwest land division.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Allowance for towing employer’s caravan or trailer.

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


32. Clause 47. – Property Allowance: Delete this clause and insert the following in lieu thereof:

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

"Agent" means a person carrying on business as an estate agent in a State or Territory of the Commonwealth, being, in a case where the law of that State or Territory provides for the registration or licensing of persons who carry on such a business, a person duly registered or licensed under that law.

"Dependant" in relation to an officer means:

(a) spouse including de facto partner;

(b) child/children; or

(c) other dependant family;

who resides with the officer and who relies on the officer for support.

"Expenses" in relation to an officer means all costs incurred by the officer in the following areas -

(a) legal fees in accordance with the Solicitor's Remuneration Order, 1976 as amended and varied, duly paid to a solicitor or in lieu thereof fees charged by a settlement agent for professional costs incurred in respect of the sale or purchase, the maximum fee to be claimed shall be as set out under Item 8 of the above order;

(b) disbursements duly paid to a solicitor or a settlement agent necessarily incurred in respect of the sale or purchase of the residence;

(c) real estate agent's commission in accordance with that fixed by the Real Estate and Business Agents Supervisory Board, acting under Section 61 of the Real Estate and Business Agents Act 1978, duly paid to an agent for services rendered in the course of and incidental to the sale of the property, the maximum fee to be claimed shall be fifty percent (50%) as set out under Items 1 or 2 - Sales by Private Treaty or Items 1 or 2 - Sales by Auction of the Maximum Remuneration Notice;

(d) stamp duty;

(e) fees paid to the Registrar of Titles or to the officer performing duties of a like nature and for the same purpose in another State of the Commonwealth;

(f) expenses relating to the execution or discharge of a first mortgage;

(g) the amount of expenses reasonably incurred by the officer in advertising the residence for sale.

"Locality" in relation to an officer means -

(a) within the metropolitan area, that area within a radius of 50 kilometres from the Perth City Railway Station, and

(b) outside the metropolitan area, that area within a radius of 50 kilometres from an officer's headquarters when they are situated outside of the metropolitan area.

"Property" shall mean a "residence" as defined in this clause, including a block of land purchased for the purpose of erecting a residence thereon to the extent that it represents a normal urban block of land for the particular locality.

"Residence" includes any accommodation of a kind commonly known as a flat or a home unit that is, or is intended to be, a separate tenement, including dwelling/house, and the surrounding land, exclusive of any other commercial property, as would represent a normal urban block of land for the particular locality.

"Settlement agent" means a person carrying on business as settlement agent in a State or Territory of the Commonwealth, being, in a case where the law of that State or Territory provides for the registration or licensing of persons who carry on such a business, a person duly registered or licensed under that law.

(2) When an officer is transferred from one locality to another in the public interest or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the officer has no control, the officer shall be entitled to be paid a property allowance for reimbursement of expenses incurred -

(a) In the sale of a residence in the officer's former locality, which, at the date on which the officer received notice of transfer to a new locality -

(i) the officer owned and occupied; or

(ii) the officer was purchasing under a contract of sale providing for vacant possession; or

(iii) the officer was constructing for the officer's own permanent occupation, on completion of construction and

(b) In the purchase of residence or land for the purpose of erecting a residence thereon for the officer's own permanent occupation in the new locality.

(3) An officer shall be reimbursed such following expenses as are incurred in relation to the sale of a residence:

(a) if the officer engaged an agent to sell the residence on the officer's behalf - 50% of the amount of the commission paid to the agent in respect of the sale of the residence;

(b) if the officer engaged a solicitor to act in connection with the sale of the residence - the amount of the professional costs and disbursements necessarily incurred and paid to the solicitor in respect of the sale of the residence;

(c) if the land on which the residence is created was subject to a first mortgage and that mortgage was discharged on the sale, then an officer shall, if, in a case where a solicitor acted for the mortgagee in respect of the discharge of the mortgage and the officer is required to pay the amount of the professional costs and disbursements necessarily incurred by the mortgagee in respect of the discharge of the mortgage - the amount so paid by the officer;

(d) if the officer did not engage an agent to sell the residence on the officer's behalf - the amount of the expenses reasonably incurred by the officer in advertising the residence for sale.

(4) An officer shall be reimbursed such following expenses as are incurred in relation to the purchase of a residence:-

(a) if the officer engaged a solicitor or settlement agent to act in connection with the purchase of the residence - the amount of the professional costs and disbursements necessarily incurred and paid to the solicitor or settlement agent in respect of the purchase of the residence;

(b) if the officer mortgaged the land on which the residence was erected in conjunction with the purchase of the residence, then an officer shall, if, in a case where a solicitor acted for the mortgagee and the officer is required to pay and has paid the amount of the professional costs and disbursements (including valuation fees but not a procuration fee payable in connection with the mortgage) necessarily incurred by the mortgagee in respect of the mortgage - the amount so paid by the officer;

(c) if the officer did not engage a solicitor or settlement agent to act for him/her in connection with the purchase or such a mortgage - the amount of the expenses reasonably incurred by the officer in connection with the purchase or the mortgage, as the case may be other than a procuration fee paid by the officer in connection with the mortgage.

(5) An officer is not entitled to be paid a property allowance under subclause (2)(b) unless the officer is entitled to be paid a property allowance under subclause (2)(a), provided that the employer may approve the payment of a property allowance under subclause (2)(b) to an officer who is not entitled to be paid a property allowance under subclause (2)(a) if the employer is satisfied that it was necessary for the officer to purchase a residence or land for the purpose of erecting a residence thereon in the new locality because of the officer's transfer from the former locality.

(6) For the purpose of this clause it is immaterial that the ownership, sale or purchase carried out on behalf of an officer who owns solely, jointly or in common with:-

(a) the officer's spouse, or

(b) a dependant relative, or

(c) the officer's spouse and a dependant relative.

(7) Where an officer sells or purchases a residence jointly or in common with another person - not being a person referred to in subclause (6) of this clause - the officer shall be paid only the proportion of the expenses for which the officer is responsible.

(8) An application by an officer for a property allowance shall be accompanied by evidence of the payment by the officer of the expenses, being evidence that is satisfactory to the employer.

(9) Notwithstanding the foregoing provisions, an officer is not entitled to the payment of a property allowance -

(a) in respect of a sale or purchase prescribed in subclause (1) of this clause which is effected -

(i) more than 12 months after the date on which the officer took up duty in a new locality; or

(ii) after the date on which the officer received notification of the transfer back to the former locality;

provided that the employer may, in exceptional circumstances grant an extension of time for such period as is deemed reasonable.

(b) Where the officer is transferred from one locality to another solely at the officer's own request or on account of misconduct.

(10) Where there is a dispute or disagreement concerning -

(a) the necessity to purchase a residence or land;

(b) the amount of the disbursements necessarily incurred and duly paid by the officer;

(c) the amount of expenses reasonably incurred by an officer when -

(i) the officer did not engage an agent to sell the residence on behalf of the officer, or

(ii) the officer did not engage a solicitor or settlement agent to act in connection with the purchase or a mortgage, the matter shall be referred to the Public Service Arbitrator.


33. Clause 49. – Relieving Allowance: Delete this clause and insert the following in lieu thereof:

(1) An officer who is required to take up duty away from headquarters on relief duty or to perform special duty, and necessarily resides temporarily away from the officer's usual place of residence, shall be reimbursed reasonable expenses on the following basis:-

(a) Where the officer is:-

(i) supplied with accommodation and meals free of charge, or

(ii) accommodated at a Government institution, hostel or similar establishment and supplied with meals, reimbursement shall be in accordance with the rates prescribed in Column A, Items 1, 2 or 3 of Schedule J – Travelling, Transfer and Relieving Allowance of this Award.

(b) Where the officer is fully responsible for accommodation, meals and incidental expenses and hotel or motel accommodation is utilised:-

(i) For the first 42 days after arrival at the new locality reimbursement shall be in accordance with the rates prescribed in Column A, Items 4 to 8 of Schedule J – Travelling, Transfer and Relieving Allowance of this Award.

(ii) For periods in excess of 42 days after arrival in the new locality reimbursement shall be in accordance with the rates prescribed in Column B, Items 4 to 8 of Schedule J – Travelling, Transfer and Relieving Allowance of this Award for officers with dependants or Column C, Items 4 to 8 of Schedule J – Travelling, Transfer and Relieving Allowance of this Award for officers without dependants: Provided that the period of reimbursement under this subclause shall not exceed forty nine days without the approval of the employer.

(c) Where the officer is fully responsible for accommodation, meals and incidental expenses and other than hotel or motel accommodation is utilised reimbursement shall be in accordance with the rates prescribed in Column A, Items 9, 10 or 11 of Schedule J – Travelling, Transfer and Relieving Allowance of this Award.

(d) If an officer whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the officer shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $157.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $157.00 in any one period of three (3) years.

(2) Reimbursement of expenses shall not be suspended should an officer become ill whilst on relief duty, provided leave for the period of such illness is approved in accordance with the provisions of Clause 26. - Sick Leave of this Award and the officer continues to incur accommodation, meal and incidental expenses.

(3) When an officer, who is required to relieve or perform special duties in accordance with subclause (1) of this clause is authorised by the employer to travel to the new locality in the officer's own motor vehicle such officer shall be reimbursed for the return journey as follows:-

(a) An officer who is required to supply and maintain a motor vehicle as a term of employment for the period of relieving or special duties shall be reimbursed the appropriate rate prescribed by subclause (2) of Clause 46. - Motor Vehicle Allowance of this Award for the distance necessarily travelled.

(b) Where the officer will not be required to maintain a motor vehicle for the performance of the relieving or special duties reimbursement shall be on the basis of one half of the appropriate rate prescribed by subclause (4) of Clause 46. - Motor Vehicle Allowance of this Award. Provided that the maximum amount of reimbursement shall not exceed the cost of the fare by public conveyance which otherwise would be utilised for such return journey.

(4) Where it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred, an appropriate rate of reimbursement shall be determined by the employer.

(5) The provisions of Clause 53. - Travelling Allowance of this Award shall not operate concurrently with the provisions of this clause to permit an officer to be paid allowances in respect of both travelling and relieving expenses for the same period: Provided that where an officer is required to travel on official business which involves an overnight stay away from the officer's temporary headquarters the employer may extend the periods specified in paragraph (b) of subclause (1) of this clause by the time spent in travelling.

(6) An officer who is directed to relieve another officer or to perform special duty away from the officer's usual headquarters and is not required to reside temporarily away from the officer's usual place of residence shall, if the officer is not in receipt of a higher duties or special allowance for such work, be reimbursed the amount of additional fares paid in travelling by public transport to and from the place of temporary duty.


34. Clause 50. – Removal Allowance:

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

(1) When an officer is transferred to a new locality in the interests of the employer, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the officer has no control, the officer shall be reimbursed:

(a) The actual reasonable cost of conveyance for the officer and dependants.

(b) The actual cost (including insurance) of the conveyance of an officer's household furniture effects and appliances up to a maximum volume of 35 cubic metres, provided that a larger volume may be approved by the employer in special cases.

(c) An allowance of $525.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an officer is required to transport furniture, effects and appliances. Provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the officer is at least $3,143.00.

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $167.00.

Pets are defined as dogs, cats, birds or other domestic animals kept by the officer or the officer's dependant/s for the purpose of household enjoyment.

Pets do not include domesticated livestock, native animals nor equine animals.


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

(3) An officer shall be reimbursed the full freight charges necessarily incurred in respect of the removal of one motor vehicle. If authorised by the employer to travel to a new locality in the officer's own motor vehicle, reimbursement shall be as follows:

(a) Where an officer will be required to supply and maintain a motor vehicle as a term of employment at the new headquarters, the officer shall be reimbursed the appropriate rate prescribed by subclause (2) of Clause 46. - Motor Vehicle Allowance of this Award for the distance necessarily travelled.

(b) Where the officer will not be required to maintain a motor vehicle for use on official business at the new headquarters reimbursement for the distance necessarily travelled shall be on the basis of one half of the appropriate rate prescribed by subclause (4) of Clause 46. - Motor Vehicle Allowance of this Award.


35. Clause 51. – Sea-Going Allowance: Delete this clause and insert the following in lieu thereof:

(1) (a) An officer who is required to live on board a vessel and is necessarily absent from his or her usual place of residence overnight, shall be paid a victualling allowance as prescribed in Schedule L. – Other Allowances of this Award to cover victualling and all incidents of employment other than overtime.

(b) The daily allowance shall be paid for each day exceeding eight hours spent on board a vessel, provided that one half of the allowance shall be paid for any part of a day not exceeding eight hours.

(2) (a) Charges for victualling levied on an officer when accommodated on other than a Government vessel shall be met by the employer and the victualling allowance referred to in subclause (1) of this clause shall not be payable.

(b) Subject to the decision of the employer that the difficulties of living on board the non Government vessel are greater than those normally encountered on a Government vessel, an allowance as prescribed in Schedule L – Other Allowances of this Award for each occasion on which the officer is accommodated overnight, shall be paid.

(3) To compensate for difficulties associated with living in small vessels at sea an allowance as prescribed in Schedule L – Other Allowances of this Award shall be paid to officers for every hour spent at sea in excess of 36 consecutive hours on a single trip.

(4) An officer in receipt of an allowance prescribed by this clause shall not receive payment of allowances prescribed in Clause 53. – Travelling Allowance or Clause 49. – Relieving Allowance of this Award.


36. Clause 52. – Transfer Allowance: Delete this clause and insert the following in lieu thereof:

(1) Subject to subclauses (2) and (5) of this clause, an officer who is transferred to a new locality in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the officer has no control, shall be paid at the rates prescribed in Column A, Items 4, 5 or 6 of Schedule J – Travelling, Transfer and Relieving Allowance of this Award for a period of 14 days after arrival at new headquarters within Western Australia or Column A, Items 7 and 8 of Schedule J - Travelling, Transfer and Relieving Allowance of this Award for a period of 21 days after arrival at new headquarters in another State of Australia. Provided that if an officer is required to travel on official business during the said periods, such period will be extended by the time spent in travelling. Under no circumstances, however, shall the provisions of this subclause operate concurrently with those of Clause 53. - Travelling Allowance of this Award to permit an officer to be paid allowances in respect of both travelling and transfer expenses for the same period.

(2) Prior to the payment of an allowance specified in subclause (1), the employer shall:

(a) require the officer to certify that permanent accommodation has not been arranged or is not available from the date of transfer. In the event that permanent accommodation is to be immediately available, no allowance is payable; and

(b) require the officer to advise the employer that should permanent accommodation be arranged or become available within the prescribed allowance periods, the officer shall refund a pro rata amount of the allowance for that period the occupancy in permanent accommodation takes place prior to the completion of the prescribed allowance periods.

Provided also that should an occupancy date which falls within the specified allowance periods be notified to the employer prior to the officer's transfer, the payment of a pro rata amount of the allowance should be made in lieu of the full amount.

(3) If an officer is unable to obtain reasonable accommodation for the transfer of the officer's home within the prescribed period referred to in subclause (1) of this clause and the employer is satisfied that the officer has taken all possible steps to secure reasonable accommodation, such officer shall, after the expiration of the prescribed period to be paid in accordance with the rates prescribed by Column B, Items 4, 5, 6, 7 or 8 of Schedule J – Travelling, Transfer and Relieving Allowance of this Award as the case may require, until such time as reasonable accommodation has been secured: Provided that the period of reimbursement under this subclause shall not exceed 77 days without approval of the employer.

(4) When it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred by an officer on transfer, an appropriate rate of reimbursement shall be determined by the employer.

(5) An officer who is transferred to Government owned accommodation shall not be entitled to reimbursement under this clause: Provided that -

(a) where entry into the Government owned accommodation is delayed through circumstances beyond the officer's control an officer may, subject to the production of receipts, be reimbursed actual reasonable accommodation and meal expenses for the officer and dependants less a deduction for normal living expenses prescribed in Column A, Items 15 and 16 of Schedule J – Travelling, Transfer and Relieving Allowance of this Award; and provided that:-

(b) if any costs are incurred under subclause (2) of Clause 43. - Disturbance Allowance of this Award they shall be reimbursed by the employer.


37. Clause 53. – Travelling Allowance: Delete this clause and insert the following in lieu thereof:

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

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

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

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

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

(d) is accommodated at a Government institution, hostel or similar establishment and supplied with meals,

reimbursement shall be in accordance with the rates prescribed in Column A, Items 1, 2 or 3 of Schedule J - Travelling, Transfer and Relieving Allowance of this Award.

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

(a) where hotel or motel accommodation is utilised reimbursement shall be in accordance with the rates prescribed in Column A, Items 4 to 8 of Schedule J - Travelling, Transfer and Relieving Allowance of this Award;

(b) where other than hotel or motel accommodation is utilised reimbursement shall be in accordance with rates prescribed in Column A, Items 9, 10 or 11 of Schedule J – Travelling, Transfer and Relieving Allowance of this Award.

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

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

(a) If departure from headquarters is:

before 8.00am - 100% of the daily rate.

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

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

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

(b) If arrival back at headquarters is:

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

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

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

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

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

(6) When it can be shown to the satisfaction of the employer by the production of receipts that reimbursement in accordance with Schedule J – Travelling, Transfer and Relieving Allowance of this Award does not cover an officer's reasonable expenses for a whole trip the officer shall be reimbursed the excess expenditure.

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

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

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

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

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

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

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

(c) total reimbursement under this subclause for any pay period shall not exceed the amount prescribed by Item 18 of Schedule J – Travelling, Transfer and Relieving Allowance of this Award.


38. Clause 54. – Annual Interstate Allowance: Delete this clause and insert the following in lieu thereof:

(1) Officers employed by the Western Australian Tourism Commission who are required to serve in an office within Australia located other than in Western Australia and who were recruited in Western Australia and transferred interstate shall be entitled to an annual interstate allowance paid in accordance with the rates presented in Schedule O - Annual Interstate Allowance Rates of this Award. For periods of less than 12 months, the allowance will be calculated on a pro rata basis.


39. Clause 56. – Weekend Absence From Residence: Delete this clause and insert the following in lieu thereof:

(1) An officer who is temporarily absent from normal headquarters on relieving duty or travelling on official business outside a radius of 320 kilometres measured from normal headquarters, and is necessarily absent from his or her residence and separated from dependants, shall be granted an additional day's leave for every group of three consecutive weekends so absent provided that each weekend shall be counted as a member of only one group. Provided that:

(a) the relief duty or travelling on official business is within Australia and the officer is not directed to work on the weekend by the employer;

(b) an additional day's leave shall not be allowed if the employer has approved the officer's family accompanying the officer during the period of relief or travelling;

(c) additional leave under this subclause shall be commenced within one month of the period of relief duty or travelling being completed unless the employer approves otherwise;

(d) the annual leave loading provided by subclause (14) of Clause 23. - Annual Leave of this Award shall not apply to any leave entitlement under this clause.

(2) An officer who is temporarily absent from normal headquarters on relieving duty or travelling on official business outside a radius of 320 and up to 400 kilometres measured from normal headquarters, may elect to have the benefit of concessions provided by subclause (3) of this clause in lieu of those provided by subclause (1). Kalgoorlie, Albany and Geraldton shall be regarded as being within a radius of 400 kilometres for the purposes of this subclause in the case of an officer resident in the metropolitan area.

(3) An officer who is temporarily absent from normal headquarters on relieving duty or travelling on official business within a radius of 320 kilometres measured from normal headquarters, and such relief duty or travel would normally necessitate the officer being absent from the officer's residence for a weekend, shall be allowed to return to the residence for the weekend. Provided that:

(a) an officer who is directed to work on a weekend by the employer shall not be entitled to the concessions provided by this subclause;

(b) all travelling to and from the officer's residence shall be undertaken outside of the hours of duty prescribed by Clause 20. - Hours of this Award;

(c) an officer, who has obtained the approval of the employer for the family to accompany the officer during the period of relief or travelling shall not be entitled to the concessions provided by this subclause;

(d) when an officer is authorised by the employer to use the officer's own motor vehicle to travel to the locality where the relief duty is being performed or when travelling on official business the officer shall be reimbursed on the basis of one half of the appropriate rate prescribed by subclause (4) of Clause 46. - Motor Vehicle Allowance of this Award, for the journey to the officer's residence for the weekend and the return to the place of relief duty. Provided that the maximum amount of reimbursement shall not exceed the cost of the rail or bus fare by public conveyance which otherwise would be utilised for such journey and payment shall be made only to the owner of such vehicle;

(e) when an officer has been authorised by the employer to use the employer's motor vehicle in connection with the relief duty or travelling on official business, the officer shall be allowed to use that vehicle for the purpose of returning to the officer's residence for the weekend;

(f) an officer who does not use a private motor vehicle or the employer's motor vehicle as provided by paragraphs (d) and (e) of this subclause, shall be reimbursed the cost of the fare by public conveyance by road or rail for the journey, to and from the officer's residence for the weekend;

(g) an officer who does not make use of the provisions of this subclause shall be paid travelling allowance or relieving allowance as the case may require in accordance with the provisions of Clause 53. - Travelling Allowance of this Award or Clause 49. - Relieving Allowance of this Award;

(h) officers who return to their residence for the weekend in accordance with the provisions of this subclause shall not be entitled to the reimbursement of any expenses allowed by Clause 49. - Relieving Allowance and Clause 53. - Travelling Allowance of this Award during the period from the time when the officer returns to the officer's other residence to the time of departing from such residence to travel to resume duty at the place away from the residence.


40. Clause 58. – Keeping of and Access to Employment Records: Delete this clause and insert the following in lieu thereof:

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


41. Clause 60. – Right of Entry and Inspection by Authorised Representatives: Delete this clause and insert the following in lieu thereof:

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

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


42. Clause 63. – Dispute Settlement Procedure: Delete this clause and insert the following in lieu thereof:

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

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

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

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

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

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

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


43. Clause 64. – Expired General Agreement Salaries: Delete this clause and insert the following in lieu thereof:

(1) No-Disadvantage Test

(a) Expired General Agreement salary rates as amended from time to time are incorporated in this Award at Schedule P – Expired General Agreement Salaries. These rates are not to be subject to arbitrated safety net adjustments and unless otherwise specified are only for the purpose of the no-disadvantage test as defined at s.97VS of the Industrial Relations Act 1979.

(b) Notwithstanding the above if the salary rates within the Award at Schedule D – Salaries or Schedule E – Salaries – Specified Callings are higher than those expressed at Schedule P - Expired General Agreement Salaries, the former rates shall be utilised for the purpose of the no-disadvantage test under the Industrial Relations Act 1979.

(2) Salary Based Allowances

All salary based allowances specified within this Award will be calculated on the salary rate as specified at Schedule P – Expired General Agreement Salaries of this Award or the applicable Award salary rate as specified at Schedule D – Salaries or Schedule E – Salaries – Specified Callings of this Award which ever is the higher.


44. Schedule D Salaries: Delete this schedule and insert the following in lieu thereof:

(1) The annual salaries applicable to officers covered by this Award.

Level
Salary Per Annum $
Arbitrated Safety Net Adjustments $
Total Salary Per Annum $




Level 1



Under 17 years
11355
3886
15241
17 years
13270
4541
17811
18 years
15480
5297
20777
19 years
17918
6131
24049
20 years
20122
6885
27007
1.1
22104
7564
29668
1.2
22756
7564
30320
1.3
23407
7564
30971
1.4
24054
7669
31723
1.5
24705
7669
32374
1.6
25356
7669
33025
1.7
26105
7565
33670
1.8
26623
7565
34188
1.9
27389
7565
34954




Level 2



2.1
28306
7565
35871
2.2
29009
7565
36574
2.3
29748
7565
37313
2.4
30529
7565
38094
2.5
31346
7565
38911




Level 3



3.1
32469
7565
40034
3.2
33344
7565
40909
3.3
34246
7460
41706
3.4
35172
7460
42632




Level 4



4.1
36442
7460
43902
4.2
37437
7356
44793
4.3
38461
7356
45817




Level 5



5.1
40433
7356
47789
5.2
41766
7356
49122
5.3
43151
7356
50507
5.4
44588
7356
51944




Level 6



6.1
46899
7356
54255
6.2
48470
7356
55826
6.3
50096
7356
57452
6.4
51832
7356
59188




Level 7



7.1
54494
7356
61850
7.2
56336
7356
63692
7.3
58340
7356
65696




Level 8



8.1
61597
7356
68953
8.2
63930
7356
71286
8.3
66823
7356
74179




Level 9



9.1
70436
7356
77792
9.2
72877
7356
80233
9.3
75661
7356
83017




Class 1
79871
7356
87227
Class 2
84081
7356
91437
Class 3
88289
7356
95645
Class 4
92499
7356
99855





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

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


45. Schedule F – Clause 41. – Camping Allowance: Delete this schedule and insert the following in lieu thereof:

South of 26° South Latitude

ITEM


RATE PER DAY
(1)
Permanent Camp
Cook provided by the Employer
34.20

(2)
Permanent Camp
No cook provided by the Employer
45.60

(3)
Other Camping
Cook provided by the Employer
57.00

(4)
Other Camping
No cook provided
68.40

North of 26° South Latitude

ITEM


RATE PER DAY
(1)
Permanent Camp
Cook provided by the Employer
43.35

(2)
Permanent Camp
No cook provided by the Employer
54.75

(3)
Other Camping
Cook provided by the Employer
66.15

(4)
Other Camping
No cook provided
77.55


46. Schedule G – Clause 42. – District Allowance: After heading “PART I – MAP’ insert map as follows:





47. Schedule H – Motor Vehicle Allowance: Directly after the rate at Part 3 – Motor Cycle and directly before the schedule SCHEDULE I CLAUSE 22. – OVERTIME insert new heading and maps as follows:

Part 4 – Motor Vehicle Allowance Zone Maps





48. Schedule I – Clause 22. - Overtime: Delete the title and schedule to this Schedule and insert the following in lieu thereof:

SCHEDULE I - CLAUSE 22. – OVERTIME ALLOWANCE

PART I - OUT OF HOURS CONTACT

(Operative on and from 23 August 2004)

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


Subclause (2) of Clause 64. – Expired General Agreement Salaries of this Award defines salary for calculation purposes.

PART II - MEALS

(Operative from the first pay period commencing on or from 15 August 2006)

Breakfast
$8.60 per meal
Lunch
$10.60 per meal
Evening Meal
$12.70 per meal


49. Schedule J – Travelling, Transfer and Relieving Allowance: Delete this schedule and insert the following in lieu thereof:



COLUMN A
COLUMN B
COLUMN C
ITEM
PARTICULARS
DAILY RATE
DAILY RATE OFFICERS WITH DEPENDENTS: RELIEVING ALLOWANCE FOR PERIOD IN EXCESS OF 42 DAYS (CLAUSE 49(1)(b) TRANSFER ALLOWANCE FOR PERIOD IN EXCESS OF PRESCRIBED PERIOD (CLAUSE 52(3))
DAILY RATE OFFICERS WITHOUT DEPENDENTS RELIEVING ALLOWANCE FOR PERIOD IN EXCESS OF 42 DAYS (CLAUSE 49(1)(b)(ii))
ALLOWANCE TO MEET INCIDENTAL EXPENSES


$


(1)
WA - South of 26o




South Latitude
11.75


(2)
WA - North of 26o




South Latitude
15.40


(3)
Interstate
15.40


ACCOMMODATION INVOLVING AN OVERNIGHT STAY IN A HOTEL OR MOTEL


$
$
$
(4)
WA - Metropolitan Hotel or Motel
210.05
105.00
70.00
(5)
Locality South of 26o South Latitude
168.60
84.30
56.20
(6)
Locality North of 26o South Latitude




Broome
284.40
142.20
94.80

Carnarvon
222.30
111.15
74.10

Dampier
209.15
104.55
69.70

Derby
188.40
94.20
62.80

Exmouth
215.90
107.95
71.95

Fitzroy Crossing
314.90
157.45
104.95

Gascoyne Junction
128.90
64.45
42.95

Halls Creek
265.40
132.70
88.45

Karratha
364.65
182.30
121.55

Kununurra
266.80
133.40
88.95

Marble Bar
179.40
89.70
59.80

Newman
254.65
127.35
84.90

Nullagine
189.75
94.90
63.25

Onslow
207.20
103.60
69.05

Pannawonica
177.15
88.60
59.05

Paraburdoo
238.40
119.20
79.45

Port Hedland
239.70
119.85
79.90

Roebourne
132.90
66.45
44.30

Sandfire
160.40
80.20
53.45

Shark Bay
175.90
87.95
58.65

Tom Price
219.40
109.70
73.15

Turkey Creek
175.90
87.95
58.65

Wickham
323.90
161.95
107.95

Wyndham
158.90
79.45
52.95
(7)
Interstate - Capital City



Sydney
255.65
127.85
85.20

Melbourne
245.65
122.85
81.90

Other Capitals
213.15
106.60
71.00
(8)
Interstate - Other




than Capital City
168.60
84.30
56.20
ACCOMMODATION INVOLVING AN OVERNIGHT STAY AT OTHER THAN A HOTEL OR MOTEL
(9)
WA - South of 26o South Latitude
79.40


(10)
WA - North of 26o South Latitude
97.70


(11)
Interstate
97.70


TRAVEL NOT INVOLVING AN OVERNIGHT STAY OR TRAVEL INVOLVING AN OVERNIGHT STAY WHERE ACCOMMODATION ONLY IS PROVIDED.
(12)
WA - South of 26o South Latitude:



Breakfast
14.15



Lunch
14.15



Dinner
39.40


(13)
WA - North of 26o South Latitude



Breakfast
15.75



Lunch
27.70



Dinner
38.90


(14)
Interstate




Breakfast
15.75



Lunch
27.70



Dinner
38.90







DEDUCTION FOR NORMAL LIVING EXPENSES (Clause 52.- Transfer Allowance)
(15)
Each Adult
22.75


(16)
Each Child
3.90


MIDDAY MEAL (Clause 53. – Travelling Allowance)


(17)
Rate per meal
5.50


(18)
Maximum reimbursement per pay period
27.50



The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after date of hearing.


50. Schedule K – Shift Work Allowance: Delete this schedule and insert the following in lieu thereof:

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

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

Subclause (2) of Clause 64. – Expired General Agreement Salaries of this Award defines salary for calculation purposes.

(Operative on and from 23 August 2004)


51. Schedule L – Other Allowances: Delete this schedule and insert the following in lieu thereof:

(1) Diving - (Clause 44. – Diving Allowance)

$5.33 per hour or part thereof.

(2) Flying - (Clause 45. – Flying Allowance)

(a) Observation and photographic duties in fixed wing aircraft - $9.84 per hour or part thereof.

(b) Cloud seeding and fire bombing duties, observation and photographic duties involving operations in which fixed wing aircraft are used at heights less than 304 metres or in unpressurised aircraft at heights more than 3048 metres - $13.49 per hour or part thereof.

(c) When required to fly in a helicopter on fire bombing duties, observation and photographic duties or stock surveillance - $18.65 per hour or part thereof.

(3) Sea-Going Allowances (Clause 51. – Sea-Going Allowance)

(a) Victualling

(i) Government Vessel - meals on board not prepared by cook - $25.10 per day.

(ii) Government Vessel - meals on board are prepared by a cook - $18.89 per day.

(iii) Non Government Vessel - $22.91 each overnight period.

(b) Hard Living Allowance - 52 cents per hour or part thereof.