2007 WAIRC 01104
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES DEPARTMENT OF CORRECTIVE SERVICES ON BEHALF OF THE MINISTER FOR CORRECTIVE SERVICES
APPLICANT
-V-
WESTERN AUSTRALIAN PRISON OFFICERS' UNION OF WORKERS
RESPONDENT
CORAM COMMISSIONER S J KENNER
DATE FRIDAY, 14 SEPTEMBER 2007
FILE NO/S AG 58 OF 2007
CITATION NO. 2007 WAIRC 01104

Result Agreement registered
Representation
APPLICANT MR P GIBLETT

RESPONDENT MR J WELSH


Order
HAVING heard Mr P Giblett on behalf of the applicant and Mr J Welsh on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –
1. THAT the Department of Corrective Services Prison Officers’ Enterprise Agreement 2007 as filed in the Commission on 6 September 2007 in the terms of the following schedule be and is hereby registered as an industrial agreement.
2. THAT the Department of Justice Officers Enterprise Agreement 2003 No. AG 183 of 2005 is hereby cancelled.

COMMISSIONER S J KENNER
SCHEDULE

PART 1 – AGREEMENT DETAILS AND APPLICATION
1. TITLE
This Agreement will be known as the Department of Corrective Services Prison Officers’ Enterprise Agreement 2007.
2. ARRANGEMENT
PART 1 – AGREEMENT DETAILS AND APPLICATION
1 Title
2 Arrangement
3 Parties Bound By This Agreement
4 Period Of Operation
5 Relationship To The Parent Award
6 Definitions
7 No Further Claims
8 Principles Of Agreement

PART 2 - CONDITIONS OF EMPLOYMENT AND RELATED MATTERS

9 Contract of Service
10 Flexible Hours Of Duty
11 Work Camps
12 Part Time/ Job Share Arrangements
13 Training
14 Consultation
15 Dispute Management Procedure

PART 3 - RATES OF PAY AND RELATED MATTERS

16 Payment Schedule For This Agreement
17 Payment for Work During Natural Emergencies (Cyclone and Flooding)
18 Medical/Hospital Escort Duties
19 Payroll Errors

PART 4 - ALLOWANCE TYPES/ SPECIFICATIONS

20 Regional Incentives
21 Removal Allowance
22 Additional Allowances

PART 5 - LEAVE TYPES/SPECIFICATIONS

23 Parental Leave
24 Personal Leave
25 Annual Leave
26 Additional Leave Flexibilities
27 Purchased Leave- 49/52 Salary Arrangement
28 Union Facilities For Union Representatives
29 Study Leave
30 Bereavement Leave
31 Cultural/ Ceremonial Leave

PART 6 - OTHER PROVISIONS

32 Mahoney Inquiry
33 Rank Structure Review
34 Establishment of a Prison Officer Interstate Exchange Programme

Schedule A – Rates of Pay
Schedule B – Signatories

Appendix 1 – Dispute Management Form


3.0 PARTIES BOUND BY THIS AGREEMENT

3.1 This is an Agreement between the Minister for Corrective Services (“the Employer”) for Western Australia and the Western Australian Prison Officers’ Union of Workers (“the Union”).

3.2 This Agreement is binding on:

The Minister for Corrective Services;

The Union and its Officers;

Employees who are employed by the Minister for Corrective Services as at the date of registration of this Agreement whose employment is governed by the Prison Officers’ Award (“the Award”) and is in accordance with the classifications contained in Schedule A - Rates of Pay.
3.3 As at the date of registration, this Agreement will cover approximately 1542 employees.

4.0 TERM OF AGREEMENT

4.1 This Agreement shall operate on and from the date of registration in the Western Australian Industrial Relations Commission and shall remain in force until 10 June 2010, or a replacement agreement is registered.

4.2 Six months prior to the date of expiration of this Agreement the parties to this Agreement will commence negotiations with a view to implement a replacement of this Agreement.


5.0 RELATIONSHIP WITH AGREEMENTS, AWARD AND LEGISLATION

5.1 This Agreement replaces and supersedes all the terms and provisions of previous Enterprise Bargaining Agreements.

5.2 This Agreement shall be read in conjunction with the relevant legislation and regulations.

5.3 This Agreement shall be read and interpreted wholly in conjunction with the Prison Officers’ Award (“the Award”). Where there is any inconsistency between this Agreement and the Award, this Agreement shall prevail to the extent of any inconsistency.

5.4 Where the Agreement is silent the Award shall apply.


6.0 DEFINITIONS
Accrued leave means annual leave accumulated beyond the 12-month leave year.
Agreement means the Department of Corrective Services Prison Officers’ Enterprise Agreement 2007.
Award means the Prison Officers’ Award.
Consultation means providing an exchange of information. Consultation is part of the process for decision-making and implementing change.
Continuous Shift Work means a system whereby one shift of workers is replaced by another.
Department means the Department of Corrective Services.
Employee means a person employed under this Agreement.
Employer means the Minister for Corrective Services.
Public Service Award means the Public Service Award 1992 as amended from time to time.
Union means the Western Australian Prison Officers’ Union of Workers.
State Wage Cases means determinations handed down periodically by the Western Australian Industrial Relations Commission, in relation to general levels of wage increases for all State award employees.
Unanticipated means unable to be planned, unexpected, or not able to be foreseen.

7.0 NO FURTHER CLAIMS
7.1 The parties to the Agreement undertake that for the term of the Agreement there will be no salary increases sought or granted other than those provided under the terms of the Agreement. This includes salary adjustments arising out of State Wage Cases. Such increases are to be absorbed in the salaries set out in the Agreement.

7.2 The parties to this Agreement undertake that for the term of the Agreement there will be no further claims on matters contained in the Agreement except where specifically provided for.

7.3 This clause will not preclude the Union from making an application to vary the Award pursuant to the State Wage Fixing Principles.


8.0 PRINCIPLES AND AIMS OF AGREEMENT

8.1 The following principles will govern the relationship between the parties in their management of the aims of this Agreement.

8.2 The parties accept and acknowledge the structure, responsibilities and accountabilities of each other.

8.3 A free exchange of relevant information and ideas will prevail at all times.

8.4 The parties commit to creating a safe workplace.

8.5 It is the duty of all parties to promote the development of trust and motivation within the prison service.

8.6 Honesty and mutual respect will prevail at all times.

8.7 There will be opportunities for involvement by employees through the appropriate structures in matters which affect them.

8.8 Every employee will be treated fairly and equitably in an environment that fosters communication, involvement and teamwork.

8.9 The parties recognise the importance of monitoring the effectiveness of this Agreement and will consult each other on its operation as necessary.

8.10 The parties recognise the need to build workplace arrangements that contribute towards the long-term viability and success of the prison service.

8.11 The aims of this Agreement are to:

(a) Maximise the efficiency and security of the prison service for the benefit of employees, the community and the prison service.

(b) Maximise the quality of services to fully meet the community’s requirements.

(c) Develop and maintain the most productive, co-operative and harmonious working relationship possible.

8.12 The parties recognise that to fully achieve these aims it is necessary to develop a working environment in which all employees have a strong commitment to and common identity with the prison service and its performance. Within the context of team structures, employees must be motivated, empowered and have the skills, knowledge and competence to achieve with appropriate support and encouragement from within and outside the team.


PART 2 – CONDITIONS OF EMPLOYMENT AND RELATED MATTERS

9.0 CONTRACT OF SERVICE

9.1 An employee on probation shall give two (2) weeks’ notice of their intention to leave the Prison Service, or shall forfeit two (2) weeks’ pay.

9.2 If an employee on probation is discharged for reasons other than misconduct, he or she shall be shall given two (2) weeks’ notice or two (2) weeks’ pay in lieu of notice.

9.3 An employee shall give the employer written notice of termination of not less than -
(i) Four (4) weeks, or
(ii) Such other period as specified in the employee's contract of service where applicable.
9.4 An employee who fails to give the required written notice forfeits the sum of four (4) weeks pay, unless agreement is reached between an employee and the employer for a shorter period of notice than that specified.

9.5 Where an employee's services are terminated for any reason other than dismissal, that employee shall be given written notice of -
(i) Four (4) weeks, or
(ii) Such other period as specified in a contract of service, where applicable, or
(iii) Payment of salary for the appropriate period in lieu of notice.
9.6 An employee who at the time of being given notice is over 45 years of age and who at the date of termination has completed two years’ continuous service with the employer, shall be entitled to one week’s notice in addition to the notice prescribed in subclause 9.5(i) of this clause.

9.7 If any employee fails to give the appropriate notice, in accordance with subclause 9.3(i) of this clause, the employer has the right to withhold monies due to the employee to a maximum amount equal to four weeks pay for the period of notice.

9.8 Nothing in this clause will affect the operation of the Prisons Act 1981 and the Public Sector Management Act 1994 as it applies to employees covered by the Award.


10.0 FLEXIBLE HOURS OF DUTY

10.1 The ordinary hours of duty shall be 40 hours per week, 80 hours per fortnight, or 120 hours per three weeks to be worked in accordance with Clause 11 – Duty Roster of the Award unless otherwise agreed by the Union and the employer for the purpose of alternative shift arrangement.

10.2 The foregoing hours shall be worked in continuous shifts of:
(i) Either eight hours, ten hours or twelve hours; or
(ii) Such other period as agreed between the Union and the employer.
10.3 The Union agrees to enter negotiations upon request with the employer to vary the length of continuous shifts between the span of eight to twelve hours, in accordance with subclause 10.2(ii) of this Agreement, where such variation will improve the effectiveness and efficiency of the normal routine operations of the prison(s) without adverse effect upon employees covered by this Agreement.

10.4 Employees working rostered shifts of more than ten hours shall be allowed two thirty minute paid meal beaks during their shift. The second meal break shall commence no earlier than three hours or later than five and a half hours from completion of the employee’s first meal break.


11.0 WORK CAMPS

11.1 The rate of pay for Prison Officers (Work Camps) shall be as provided in Schedule A – Rates of Pay of this Agreement and includes components for shift penalties and public holidays.

11.2 The hours of duty for a Prison Officer (Work Camps) shall be 120 hours per three weeks rostered in accordance with the Duty Roster developed for each particular Work Camp. The foregoing hours shall be worked in shifts of such period as approved by the Department.

11.3 Prison Officers (Work Camps) are required to supervise prisoners during their paid meal break.

11.4 A roster for each Work Camp shall be established by the employer in consultation with the local Branch of the Union.

11.5 A Prison Officer (Work Camps) will be required to remain at the Work Camp outside their rostered hours of work.

11.6 The hours of duty of Work Camp employees shall not be subject to the requirements of Clause 11(2) of the Award or Clause 10 – Flexible Hours of Duty of this Agreement.
11.7 Prison Officers (Work Camps) shall be on Standby during all hours the employee is directed to stay at the Work Camp outside their rostered hours of work. During this period the Prison Officer (Work Camps) shall be available to perform certain designated tasks periodically or on an ad hoc basis.

11.8 For the purposes of this clause “Standby” shall mean an instruction to an employee to remain at the employee’s place of employment during any period outside the employee’s normal hours of duty, and to perform certain designated tasks periodically or on an ad hoc basis. Such employee shall be provided with appropriate facilities for sleeping if attendance is overnight, and other personal needs, where practicable.

11.9 The standby rate for a Prison Officer (Work Camps) shall be the same as the Standby allowance as is prescribed from time to time in the Public Service Award.

11.10 A Prison Officer (Work Camps) may be required to work outside their rostered period at a Work Camp.

11.11 A Prison Officer may be offered out of hours work outside their rostered hours of work at a prison to cover the absence of Prison Officer (Work Camps) from the Work Camp.

11.12 A Prison Officer (Work Camps) who returns to their full duties during a period of Standby shall be paid for that period of return to full duties at the rate provided in Clause 13. - Out of Hours Work of the Award.

11.13 The time spent by a Prison Officer (Work Camps) outside their rostered hours of work travelling from their base prison to the Work Camp at the beginning of a roster period and the return to their base prison at the end of the employee’s rostered duty at the Work Camp shall be conducted within the rostered duty.

11.14 A Prison Officer (Work Camps) shall be provided full board and lodging for the period they are working rostered hours on standby duty at the Work Camp away from the prison.


12.0 PART TIME/ JOB SHARE ARRANGEMENTS

12.1 For the purposes of this clause, job sharing is an arrangement where two employees voluntarily share all of the duties and responsibilities of a permanent full time position.

12.2 For the purposes of this clause, part time employees may be employed to work less than forty hours per week.

12.3 In accordance with subclause 9.2(1) of the Award, the Department is committed to providing employees with opportunities to access part-time and job sharing arrangements, subject to operational requirements.

12.4 Part time employees and those in job sharing arrangements shall be entitled to salary and other conditions of employment as provided in this Agreement on a pro rata basis of the regular working hours to full time working hours.
12.5 Arrangements for job sharing will be in accordance with Department policy.

12.6 The parties agree to review part time and job sharing conditions during the life of the agreement, including appropriate rates of pay for out of hours work. Any agreement reached regarding part time and job sharing conditions shall be applied administratively. The parties acknowledge the Award provisions shall apply whilst discussions are taking place.


13.0 TRAINING

13.1 The Department undertakes to develop in consultation with the union, training programs to meet the needs of employees covered by this Agreement. The parties agree to continue discussions with the objective of ensuring that the training can be provided.

13.2 The parties to this Agreement recognise that it may be appropriate during the term of this Agreement that a review involving both parties be undertaken of the operational effectiveness of training of Prison Officers (Vocational and Support). The Department will consult with the Union as to the outcome of any review of Prison Officers (Vocational and Support) training.

Regional and Training Development

13.3 The parties are committed to providing effective workforce management practices and opportunities to staff employed in regional areas. The Department will ensure that regional employees are, as far as reasonably practicable, provided with access to training and development opportunities having regard to the Department’s operational requirements and opportunities provided to metropolitan based staff.


14.0 CONSULTATION

14.1 The parties recognise the need for effective communication to improve the business/operational performance and working environment in prisons. The parties acknowledge that decisions will continue to be made by the employer, who is responsible and accountable to Government for the effective and efficient operation of the agency.

14.2 The parties agree to implement a network of consultative bodies to facilitate communication and consultation regarding workplace issues with a view to resolution at a local level.

14.3 The terms of reference for these committees include but are not limited to

(a) Work load management

(b) Working arrangements

(c) Training and development issues

(d) OH&S

(e) Workplace policy and implementation

(f) Dispute Management monitoring

(g) Turnover;

(h) Accident rate;

(i) Incidence of workers compensation;

(j) EEO

14.4 This clause should be read in conjunction with Clause 21 – Introduction of Change and Clause 22 – Establishment of Consultative Mechanisms of the Award.

The Consultation Framework

14.5 A Local Consultative Committee (“LCC”) shall be established at each Prison or Department service area (eg training school) covered by the jurisdiction of the Award, within three (3) months of the registration of this document in the Western Australian Industrial Relations Commission (“WAIRC”).

14.6 In addition to LCC’s, an agency wide Prisons Consultative Committee shall be established.

14.7 A local workplace issue, which has appeared as an agenda item of a LCC meeting may be referred by either party at the LCC or the LCC itself to the PCC, provided genuine efforts have been made at the local workplace to resolve the issue. Where the matter is referred by the LCC, full written details of referred matters must be communicated by the office of the relevant Superintendent in consultation with the union branch, to the office of the Deputy Commissioner Adult Custodial, to be raised at the next PCC meeting. Where agreement cannot be reached and the matter is referred by one or other party it shall be recorded in the minutes of the LCC that this is so.

14.8 Where the PCC is not satisfied that genuine attempts have been made at the local level to resolve an issue referred to it by an LCC, it may refer that matter back to the LCC for further consideration.

Representation and Membership

14.9 Membership of each LCC shall comprise:

(a) Management Representatives:
(i) Prison Superintendent
(ii) Two other representatives, to be determined by the Superintendent.

(b) Union Representatives:
(i) Local WAPOU Representatives.
(ii) Two other representatives, to be appointed by the Local WAPOU branch.

(c) These numbers may be varied by local agreement to take into consideration the size and circumstance of a specific location.

14.10 Membership of the PCC shall comprise:

(a) Management Representatives:
(i) The Deputy Commissioner Adult Custodial (or appointed representative)
(ii) A Department of Corrective Services Employee Relations Officer
(iii) A Prison Superintendent,
(iv) A Prison HR representative.

(b) Where a matter relating to Offender Management and Professional Development (OMPD) is referred to the PCC the Deputy Commissioner OMPD (or appointed representative) shall also attend.

(c) Employee Representatives:
(i) WAPOU President
(ii) WAPOU Secretary
(iii) 2 Representatives appointed by the WAPOU State Council

Administration

14.11 Minutes shall be taken and maintained and serve as a record of decisions and referrals.

14.12 Meetings of LCC’s shall be held at an agreed time that is operationally convenient as determined by the relevant Superintendent. LCC meetings shall not be held less than once a month.

14.13 Meetings of the PCC shall be held at an agreed time that is operationally convenient as determined by the Deputy Commissioner Adult Custodial. PCC meetings shall not be held less than once a month.

14.14 Any LCC or PCC representative may submit agenda items to the Superintendent or Deputy Commissioner Adult Custodial for consideration at the next scheduled meeting. Such items must be submitted at least (3) three days prior to the next scheduled meeting, unless the urgency of the matter makes that impracticable.

14.15 Formal minutes of LCC and PCC meetings must be kept, and communicated to every participant within (7) seven days of the meeting being held. The offices of the relevant Superintendent and the Deputy Commissioner Adult Custodial respectively shall be responsible for ensuring that minutes are distributed in this manner. In addition, Superintendents are required to forward agreed LCC meeting minutes to the office of the Deputy Commissioner Adult Custodial within seven days of the LCC meeting being held.

Relationship Between the Consultative Process and the Dispute Management Procedure

14.16 The consultative process is intended to complement but not replace the dispute management procedure outlined at Clause 15 – Dispute Management Procedure of this Agreement.

14.17 The consultative process is distinct from the dispute management procedure. A matter shall not be raised simultaneously in both arenas.

14.18 If at the conclusion of one process either party is dissatisfied with the outcome, then they may raise the issue through the alternative process. Any party referring a formal dispute management procedure matter to the consultative process should be aware that pursuant to subclause 15.7.5 of this Agreement, decisions of the WAIRC are binding.


15.0 DISPUTE MANAGEMENT PROCEDURE.

15.1 It is in the interests of all parties to manage the resolution of any issues or disputes in a manner that will not damage the business of the employer. Any question or dispute that arises between the parties, regarding the meaning and effect of the Award or this Agreement and provisions implied into the Award and this Agreement by the Minimum Conditions of Employment Act 1993, will be resolved in the following manner.

15.2 The Parties recognise that a decision must have occurred in order for a dispute or a “status quo” position to be invoked

(a) Status quo should be used to create an environment for the discussions and settlement of issues to occur,

(b) The status quo existing before a dispute is notified is to continue whilst the procedure is being followed. For the purposes of this agreement “status quo” shall mean the working practices or conditions in place immediately prior to the event that led to the Dispute Management Procedure being commenced.

(c) Where the dispute involves the introduction of change the “status quo” means those work practices or procedures in place immediately prior to the change that resulted in the dispute.

No party shall be prejudiced as to the final settlement by the maintenance of the status quo throughout the dispute.

15.3 The parties agree to enter into the Dispute Management Procedure in good faith, with a genuine desire to resolve any dispute at the lowest possible level, and to maintain communications at all levels with a view to resolving the issue.

15.4 The parties agree that no precipitate action will be taken prior to, or during the time this procedure is being followed.

Procedure

15.5 Individual Disputes

15.5.1 An Individual dispute is a grievance, or an issue, which affects only one employee.

Stage One

15.5.2 The matter shall first be discussed between the employee and/or their delegated representative and the relevant prison superintendent or their representative and responded to within five (5) working days.

Stage Two

15.5.3 Where the dispute is not resolved, the employee is entitled to have the matter referred to the relevant Deputy Commissioner by way of the dispute management form or a letter clearly stating the nature of the complaint and the resolution sought.

15.5.4 The relevant Deputy Commissioner is required to provide a written response to the dispute management form or letter. Where the matter is referred it shall be discussed between the employee and/or their representative and the representatives of the relevant Deputy Commissioner and resolved within seven (7) working days.

Stage Three

15.5.5 Throughout all steps in this procedure relevant facts relating to the issue, grievance or dispute shall be clearly identified and recorded. It is the responsibility of both parties to retain a copy of the dispute management form or letters and all other written records, for future reference.

15.6 Prison/ Relevant Department Service Area Disputes

15.6.1 A Prison or relevant Department service area dispute is a grievance or issue, which affects more than one employee, but is confined to a single prison or relevant Department service area.

15.6.2 For the purposes of this clause, a “relevant Department service area” means an area of discrete service provision provided by uniformed staff.

Stage One

15.6.3 The matter shall be initiated either by the endorsement of a dispute management form by the local representative(s) of the union, as found at subclause 15.8 or a letter clearly stating the nature of the dispute. The matter shall first be discussed between the local representative(s) of the Union and the relevant Prison Superintendent or their representatives and resolved within five (5) working days. If the matter is not resolved the dispute may immediately be referred by either party onto the next stage.

Stage Two

15.6.4 If unresolved the matter shall be referred in writing with full particulars to the relevant Executive of each party. Representatives of the Union Executive and the relevant Deputy Commissioner or their nominee shall meet to discuss the dispute within an additional seven (7) working days.

15.6.5 The first meeting convened shall be within three (3) working days at the request of either party.

15.6.6 Throughout all steps in this procedure relevant facts relating to the issue, grievance or dispute shall be clearly identified and recorded. It is the responsibility of both parties to retain a record of the issue, grievance or dispute in separate registers, for future reference.

15.7 Corporate Disputes

15.7.1 A Corporate dispute is a grievance or an issue, which affects more than one prison/ relevant Department service area.

15.7.2 Where either party seeks to raise a dispute about a matter which affects more than one Prison or relevant Department service area then they may follow the process set out in subclause 15.7 without first initiating a dispute at a particular institution or service.

15.7.3 The period for resolving a dispute at any stage may be extended by agreement between the parties.

15.7.4 For the purposes of this clause “working days” means any day from Monday to Friday, excluding public holidays.

15.7.5 Where the processes described above do not resolve a dispute, the employer or the Union may refer the matter for consideration and/or arbitration to the Western Australian Industrial Relations Commission (“the WAIRC”). No matter shall be referred to the WAIRC without having first undergone the dispute management procedure, evidenced by a letter, or a dispute management form signed at each stage by the parties involved. The parties agree to be bound by the decision of the WAIRC subject to the Industrial Relations Act 1979.

15.7.6 Unless the parties otherwise agree, a dispute notification will expire two months after the date of the last meeting held regarding the dispute

15.7.7 This clause shall be read in conjunction with Clause 21 – Introduction of Change and Clause 22 – Establishment of Consultative Mechanisms of the Award. The use of these provisions to be monitored by Local and Prisons Consultative committees.\

15.8 Dispute Management Form

15.8.1 The Dispute Management Form or a letter shall be utilised throughout the dispute management process. The Dispute Management Form is attached at Appendix 1. A letter may be attached to further inform the parties to the dispute.

NOTE – see Appendices to this agreement


PART 3 – RATES OF PAY AND RELATED MATTERS

16.0 PAYMENT SCHEDULE FOR THIS AGREEMENT

16.1 An increase of 4.5% of the annualised salary (after applicable structural adjustments) will be paid in accordance with Column 1 of Schedule A. – Rates of Pay, from 11 June 2007.

16.2 A second increase of 4.0% of the annualised salary (after applicable structural adjustments) will be paid in accordance with Column 2 of Schedule A. – Rates of Pay from 11 June 2008.

16.3 A third increase of 4.0% of the annualised salary will be paid in accordance with Column 3 of Schedule A – Rates of Pay from 11 June 2009.


17.0 PAYMENT FOR WORK DURING NATURAL EMERGENCIES (CYCLONE AND FLOODING)

17.1 At the notification of a Blue Alert the designated Superintendent or the Officer-in-Charge (OIC) shall, in accordance with existing Prison Emergency Procedures, order the preparation of the prison to be in a state of readiness for the cyclone/flood emergency.

17.2 Following the implementation of these existing procedures, upon the declaration of a Yellow Alert and the designated Superintendent or OIC being satisfied the prison is in a state of readiness, from this point all ordinary shifts will be cancelled and all employees who remain in the prison, or have volunteered to return to the prison during the cyclone/flood emergency, shall receive payment at the emergency rate of double time of the ordinary annualised rate of pay.

17.3 The Department recognises that despite the cancellation of alerts by the relevant statutory authorities, essential staff at the prison may not be able to be relieved due to flooding, road closures or any other cyclone emergency related issue. The payment shall continue until the Superintendent or OIC provides relief for those employees who have remained in the prison.


18.0 MEDICAL/HOSPITAL ESCORT DUTIES

18.1 Where an employee is required to provide a medical/hospital escort function and the Contracted Service Provider is unable to provide relief as required under the Department’s Policy Directive and Contract Exclusions for Prisoner Escorts the following will apply.

18.2 Where an employee is required to work out of hours to replace the duty officer undertaking the escort, payment for performing the relief duty will be at double time of the ordinary annualised salary.

18.3 Where an employee who is providing a medical/hospital escort function during a normal rostered shift and has completed that rostered shift but is unable to be relieved by the Contracted Service Provider, that employee will be paid at the rate of double time of the ordinary annualised salary until relieved.

18.4 Where an employee is required to work out of hours to undertake medical/hospital escort duty when the Contracted Service Provider is unable to provide the service, the out of hours work will be paid at double time the ordinary annual salary.


19.0 PAYROLL ERRORS

19.1 The employer shall pay an employee their full normal fortnightly pay no later than the close of business on each payday and for all overtime worked no later than the pay period following that within which the overtime is worked.

19.2 Where an employee, after consulting their on-line payslip, advises the Human Resources Directorate by the close of business on the Monday prior to the payday that any proportion of their normal base wage is not going to be paid on the pay day to which that payslip relates the underpayment will be corrected so as to reach the employee’s bank account via the next available ad-hoc payment.

19.3 Ad-hoc payments will not be used to back pay payments such as higher duties or other allowances or salary increments; these will be paid in the next available pay.

19.4 Where an employee is paid for work not subsequently performed or is overpaid in any other manner, the employer is entitled to make adjustment to the subsequent wages of the employee in accordance with the formulas below. The employer will notify the employee of their intention to recoup the overpayment and consult with the employee as to the appropriate recovery rate.

19.5 One-off overpayments may be recovered by the employer in the pay period immediately following the pay period in which the overpayment was made, or in the period immediately following the pay period in which it was discovered that overpayment had occurred.

19.6 Cumulative overpayments may be recovered by the employer at a rate agreed between the employer and employee, provided that the rate at which the overpayment is recovered is not less than the rate at which it was overpaid or $50 per week, whichever is the lesser amount per pay period.

19.7 Employees who have overpayments outstanding or who are required to repay monies owing to the Department shall repay any outstanding amounts prior to cessation of employment. Failing this the Department may deduct all monies owing from the final termination payment to the employee.

19.8 Where an employee demonstrates that he or she has incurred direct financial cost as a result of an underpayment of ordinary salary entitlements, this claim may be considered by the Commissioner.

19.9 In exceptional circumstances, other arrangements regarding underpayments and overpayments may be agreed between the employer and the employee.


PART 4 – ALLOWANCE TYPES/SPECIFICATIONS

20.0 REGIONAL INCENTIVES

20.1 For the purposes of this clause, the term “Tier 1 Regional Incentive Prison” shall only refer to Roebourne Regional Prison, Eastern Goldfields Regional Prison (“EGRP”) and Broome Regional Prison, and the work camps attached to these designated prisons.

20.2 For the purposes of this clause, the term “Tier 2 Regional Incentive Prison” shall only refer to Greenough Regional Prison and Albany Regional Prison, and the work camps attached to these designated prisons.

20.3 Employees permanently posted to a Tier 1 Regional Incentive Prison on or after 11 June 2007, or who are permanently posted to a Tier 1 Regional Incentive Prison following the registration date of this Agreement, shall be paid a Regional Incentive Allowance of $3,600 per annum in addition to the employee’s annualised salary as set out in Schedule A – Rates of Pay.

20.4 Employees permanently posted to a Tier 2 Regional Incentive Prison on or after 11 June 2007, or who are permanently posted to a Tier 2 Regional Incentive Prison following the registration date of this Agreement, shall be paid a Regional Incentive Allowance of $1,800 per annum in addition to the employee’s annualised salary as set out in Schedule A – Rates of Pay.

20.5 Subject to subclauses 20.3 and 20.4 above, the Regional Incentive Allowance shall have an operative date of 11 June 2007.

20.6 The annual allowances as provided in subclauses 20.3 and 20.4 shall be paid on a fortnightly basis. The Regional Incentive Allowance will be paid in addition to Clause 50 – District Allowance of the Award.

20.7 The allowances provided in subclauses 20.3 and 20.4 shall be varied to reflect movements in the Perth All Groups Consumer Price Index over the previous 12 months prior to the March quarter. Any applicable variation for the March 2008 quarter will be effective from 11 June 2008. Any applicable variation for the March 2009 quarter will be effective from 11 June 2009.

20.8 The Regional Incentive Allowance will not be used for the purposes of calculating payment(s) of any other allowances or for the payment of any additional hours worked.

20.9 An employee who completes a two and a half (2 ½) year period of employment at a Tier 1 Regional Incentive Prison shall at the conclusion of that period, have the option of returning to one of the Metropolitan Prisons or the Regional Prison from which they most recently transferred. An employee, upon having made their preference known to the employer, shall be guaranteed a transfer to one of the Metropolitan Prisons or Regional Prison from which they most recently transferred within six (6) months. This clause does not extinguish any rights provided by Clause 17 – Transfers of the Award.

20.10 An employee will no longer be entitled to the payment of a Regional Incentive Allowance upon permanent transfer to a Prison not specified in subclauses 20.1 and 20.2.

20.11 Those employees permanently posted to Roebourne Regional Prison residing in Government Regional Officers Housing (GROH) accommodation are entitled to rent-free accommodation.

20.12 The parties agree to establish a working party to further examine over the life of the Agreement the possibility of providing alternative or additional regional incentives.

20.13 The parties agree to discuss during the life of the Agreement the issue of long term secondments to Regional Incentive Prisons.

20.14 In circumstances where an employee is not permanently posted to a Regional Incentive Prison, thereby not meeting the requirements of subclauses 20.3 and 20.4, the parties will consider the possibility of providing a benefit similar to this clause.

Transition Arrangements for Tier 1 Regional Incentive Prisons

20.15 The following transition arrangements shall apply to those employees permanently posted to a Tier 1 Regional Incentive Prisons on or after 11 June 2007 and to whom Clause 26 - Regional Incentives of the Department of Justice Prison Officers’ Enterprise Agreement 2005 (the 2005 Agreement) applied. The transition arrangements below will be operative from 11 June 2007.

20.16 Employees paid at the “Regional Increment” rate of pay will be paid at the relevant “Thereafter” salary increment and will receive the relevant Regional Incentive Allowance as identified in subclause 20.3.

20.17 All other employees who have been remunerated at the salary increment above that which they would otherwise receive had they not been stationed at a Regional Incentive Prison will be remunerated at the salary increment which corresponds with their actual years of service. Placement on a salary increment will be in accordance with the usual protocols and procedures regarding periods of service and salary increments as set out in the Award.

20.18 The parties agree the benefits that have continued to be paid under Clause 26 – Regional Incentives of the Department of Justice Prison Officers’ Enterprise Agreement 2005 on or after 11 June 2007 will be absorbed in the benefits provided by subclause 20.3 of this clause.


21.0 REMOVAL ALLOWANCE

21.1 This clause replaces Clause 54 – Removal Allowance of the Award.

21.2 When an employee is transferred in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee shall be reimbursed:

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

(b) The actual cost (including insurance) of the conveyance of an employee's household furniture effects and appliances up to a maximum volume of 45 cubic metres, provided that a larger volume may be approved by the Commissioner 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 employee is required to transport his or her furniture, effects and appliances provided that the Commissioner is satisfied that the value of household furniture, effects and appliances moved by the employee 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 employee or the employee’s dependants for the purpose of household enjoyment.

Pets do not include domesticated livestock, native animals or equine animals.

21.3 An employee shall be reimbursed the full freight charges necessarily incurred in respect of the removal of the employee's motor vehicle. If authorised by the Commissioner to travel to a new locality in the employee's own motor vehicle, reimbursement shall be as follows:

(a) Where the employee will 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 the appropriate rate prescribed by subclause 52.2 of Clause 52. - Motor Vehicle Allowance of the Award.

(b) Where the employee 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 (½) of the appropriate rate prescribed by subclause 52.3 of Clause 52. - Motor Vehicle Allowance of the Award.

(c) Where an employee or his/her dependants have more than one vehicle, and all the vehicles are to be relocated to the new residence, the cost of transporting or driving up to two vehicles shall be deemed to be part of removal costs.

(d) Where only one vehicle is to be relocated to the new residence, the employee may choose to transport a trailer, boat or caravan in lieu of the second vehicle. The employee may be required to show evidence of ownership of the trailer, boat or caravan to be transported.

(e) If the employee tows the caravan, trailer or boat to the new residence, the additional rate per kilometre is to be three cents per kilometre for a caravan or boat and two cents per kilometre for a trailer.

21.4 The employee shall, before removal is undertaken obtain quotes from at least two carriers which shall be submitted to the Commissioner, who may authorise the acceptance of the more suitable; provided that payment for a volume amount beyond 45 cubic metres by the Department is not to occur without the prior written approval of the Commissioner.

21.5 The Commissioner may, in lieu of conveyance, authorise payment to compensate for any loss in any case where an employee, with prior approval of the Commissioner, disposes of his or her household furniture effects and appliances instead of removing them to the new headquarters; provided that such payments shall not exceed the sum which would have been paid if the employee's household furniture effects and appliances had been removed by the cheapest method of transport available and the volume was 45 cubic metres.

21.6 Where an employee is transferred to Government owned or private rental accommodation, where furniture is provided, and as a consequence the employee is obliged to store furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $975.00 per annum. Actual cost is deemed to include the premium for adequate insurance coverage for the value of the furniture stored. An allowance under this subclause shall not be paid for a period in excess of four years without the approval of the employer.

21.7 Receipts must be produced for all sums claimed.

21.8 New appointees to the Prison Service shall be entitled to receive the benefits of this clause if they are required by the employer to participate in any training course prior to being posted to their respective positions in the service. This entitlement shall only be available to employees who have completed their training and who incur costs when moving to their first posting.

21.9 The employer may agree to provide removal assistance greater than specified in this Agreement or the Award.

21.10 The amounts specified in subclauses 21.2(c), 21.2 (d) and 21.6 shall be amended as and when required consistent with changes to the equivalent amounts specified in the Award.


22.0 ADDITIONAL ALLOWANCES

Officer in Charge Allowance

22.1 An employee who is delegated to be Officer in Charge for two (2) consecutive hours or more of a shift, shall receive the following amounts for each shift so worked.

(a) 11 June 2007: $19.45

(b) 11 June 2008: $20.60

(c) 11 June 2009: $21.40

Senior Work Camps Officer Allowance

22.2 Senior Work Camps Officers working at work camps shall receive an annual allowance as follows. This allowance will be paid on a fortnightly basis, for each completed fortnight as a Senior Work Camps Officer.

(a) 11 June 2007: $1,065.00 per annum

(b) 11 June 2008: $1,129.00 per annum

(c) 11 June 2009: $1,174.00 per annum

22.3 The allowances provided in subclauses 22.1 and 22.2 have been varied to reflect an increase of 6.5% in 2007, 6.0% in 2008 and 4.0% in 2009.

Travelling Allowances

22.4 Employees employed at Pardelup Prison Farm and Karnet Prison Farm who do not live in quarters, shall be paid a travelling allowance of $4.85 and $4.05 respectively for each shift worked.

22.5 Employees employed at Wooroloo who do not live in quarters and reside 16 kilometres or more away from the Institution, shall be paid a travelling allowance of $4.05 per shift.

22.6 Employees who were stationed at Geraldton Regional Prison on 3rd May, 1984 and who by reason of the relocation of the facilities thereat to the Greenough Regional Prison and who do not live in quarters, shall be paid $4.05 per shift.

22.7 The allowances provided in subclauses 22.4, 22.5 and 22.6 shall be varied with effect from 1 October each year to reflect movements in the Perth All Groups Consumer Price Index over the previous twelve months.

Compressed Air Breathing Apparatus Allowance

22.8 Compressed Air Breathing Apparatus Allowance (CABA) means a portable respirator that supplies oxygen, air or other respirable gas from a source carried by the user.

22.9 Only employees trained and qualified in and required to use CABA in the performance of their duties are eligible for an annualised CABA allowance of $511.68 paid fortnightly.

22.10 The CABA Allowance, paid fortnightly as per subclause 22.9, will be varied as follows:

(a) 11 June 2008: $542.00 per annum

(b) 11 June 2009: $564.00 per annum

22.11 An employee will continue to receive the CABA allowance on the condition the employee:

(a) will undertake refresher training at least 12 monthly;

(b) be medically fit to use CABA;

(c) conduct routine testing and maintenance of equipment as required;

(d) use CABA equipment as part of routine fire drills;

(e) whilst complying with appropriate OSH requirements, use CABA equipment as required in response to emergency situations or as may be required by the Superintendent; and

(f) shall maintain appropriate grooming requirements for the purpose of safe and efficient use of CABA equipment in an emergency situation.

22.12 Payment of the CABA allowance will cease should an employee not comply with any of the conditions contained in subclause 22.11. However, if an employee is unable to undertake refresher training because the training is unavailable, the allowance will continue to be paid until the Department is able to offer refresher training, and provided all the other conditions in subclause 22.11 are met.

22.13 Employees will receive payment of the annualised CABA allowance while on paid ordinary annual leave and personal leave of up to three (3) consecutive weeks, and whilst in compliance with subclause 22.11. The CABA allowance will not be paid for absences on all other leave, including periods of workers’ compensation.

22.14 Where an employee undertakes training provided by the Department and becomes qualified in the use of CABA, the employee will comply with subclause 22.11 in the performance of their duties for a period of 12 months, except where they are able to show to the Superintendent reasonable cause as to why they are unable to comply. With respect to Prison Officers on Probation, the 12 months shall commence upon their first posting to a prison.

22.15 Should an employee be unable to comply with subclause 22.11, the Department will undertake an administrative review that may result in the employee no longer being recognised as a CABA operative, and they will no longer receive the CABA Allowance.

Residential Training Allowance

22.16 Employees from metropolitan and regional prisons who are required by the Department to attend residential training courses, other than Prison Officer (General) ELTP training, and are accommodated at the Accommodation Wing of the Special Services Branch at Hakea Prison Complex will receive a $35.71 per day Residential Training Allowance

22.17 The Employer shall review the Residential Training Allowance amount on 1 July each year. The allowance shall be adjusted to reflect the rounded difference between the actual cost of meals and accommodation incurred by the Department and the allowance amount prescribed by Item (9) – Accommodation Involving An Overnight Stay at Other than a Hotel or Motel of Schedule I – Travelling, Transfer and Relieving Allowance of the Award. The parties agree the allowance amount will be set at a minimum of $25.00 per day.

22.18 The parties agree the Residential Training Allowance will cease upon the establishment of a suitable training facility.

Other Allowances

22.19 The employer shall pay an employee all allowances provided in this Agreement and the Award except property, transfer and removal allowances no later than the pay period after the claim for the allowance made by the employee is received at the prison administration.

22.20 The employer shall pay an employee all property, transfer and removal allowances provided in this Agreement and Award within one month of the claim for the allowance lodged by the employee being received at the prison administration.

Advance Payments

22.21 Upon application by the employee, the employer will pay an employee an advance payment of 90% for approved expenses associated with a transfer or secondment in accordance with Department policy and procedures.


PART 5 – LEAVE TYPES/SPECIFICATIONS

23.0 PARENTAL LEAVE

23.1 Definitions
“Partner” means a person who is a spouse or de-facto partner.
“Employee” includes full time, part time, permanent and fixed term contract employees.
“Primary Care Giver” is an employee who will assume the principal role for the care and attention of a child or children. The employer may require confirmation of primary care giver status.
23.2 Eligibility for Parental Leave
(a) An employee is entitled to a period of up to 104 weeks unpaid parental leave in respect of:

(i) The 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 104 week entitlement provided in subclause 23.2(a):

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

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

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

(c) The paid and unpaid parental leave entitlement up to a maximum of 104 weeks may be shared between partners assuming the role of primary care giver.

23.3 Subclause 23.2 above replaces subclauses 41.2(1), 41.2(2) and 41.2 (5) of the Award. Otherwise, the provisions of Clause 41 - Parental Leave of the Award applies to employees employed under this Agreement.


24.0 PERSONAL LEAVE

Introduction

24.1 The provisions of this clause replace Clause 33– Carer’s Leave and Clause 34 – Sick Leave of the Award.

24.2 The intention of Personal Leave is to give employees and employers greater flexibility by providing leave on full pay for a variety of personal purposes. Personal leave replaces sick, and carers leave. Personal leave is not for circumstances normally met by other forms of leave.

24.3 This clause commenced operation on and from the date of registration of the Department of Justice Prison Officers Enterprise Agreement 2005. On commencement of the operation of this clause sick leave ceased to exist for the purposes of this Agreement and the Department of Justice Prison Officers Enterprise Agreement 2005. All existing sick credits were converted to cumulative Personal Leave and recorded in hours. An additional 4 hours were added to cumulative personal leave. From the registration of the Department of Justice Prison Officers’ Enterprise Agreement 2005, employees were credited with 16 hours non-cumulative Personal Leave. Employees commencing after the registration of the Department of Justice Prison Officers’ Enterprise Agreement 2005 were credited with 16 hours non-cumulative Personal Leave on commencement in that year.

24.4 An employee’s pre-existing sick leave anniversary date was maintained for the purposes of the cumulative Personal Leave entitlement. Employees will be credited with 16 hours non-cumulative Personal Leave on 1 July of each year after commencement.

Entitlement

24.5 Each permanent employee will accrue the following personal leave credits as outlined in subclause 24.7 of this Agreement: 

 
Personal Leave
Cumulative
Non Cumulative
On the completion of 12 months continuous service
124hours
16 hrs
On the completion of each further period of 12 months continuous service
124hours
16hrs

24.6 Where employees access personal leave, it shall be deducted from their non-cumulative entitlement in the first instance.

24.7 In the year of accrual the 140 hours personal leave entitlement may be accessed for illness or injury, carers leave, unanticipated matters or planned matters in accordance with the provisions of this clause. On completion of each year of accrual any unused personal leave from that year up to a maximum of 124 hours will be cumulative and added to personal leave accumulated from previous years. Unused non-cumulative leave will be lost on completion of each anniversary year.

24.8 Entitlement to cumulative Personal Leave shall accrue at the rate of 2.377 hours for each completed seven (7) calendar days of service.

24.9 All employees employed after 28 June 1990 shall at the end of their fourth year of employment have an additional entitlement of 528 hours on full pay, which shall reduce (if appropriate) in accordance with the following formula –
 
AL =
528 x (480-PD)
 
480
 
AL – Additional Leave entitlement
PD – Number of personal hours taken in the first four years
24.10 In accordance with the Minimum Conditions of Employment Act 1993 entitlement to paid personal leave, in an anniversary year the number of hours the employee is required ordinarily to work in a two (2) week period during that year up to 80 hours must be available or accessed for periods of absence from work resulting from illness or injury. An employee is entitled to use up to 80 hours of this entitlement for the purposes of carers leave. Given Clause 10 – Flexible Hours of Duty of this Agreement, employees may access up to 80 hours of their personal leave entitlement for the purposes of carers’ leave.

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

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

24.13 This clause does not apply to casual employees.

24.14 An employee is unable to access personal leave while on any period of parental leave or leave without pay. An employee is unable to access personal leave while on any period of annual or long service leave, except as provided for in subclauses 24.33 and 24.34.

24.15 Personal leave will not be debited for public holidays, which the employee would have observed.

24.16 The employer may allow an employee with at least twelve months service, who has exhausted all accrued personal leave, to access up to 40 hours personal leave from the personal leave that would accrue in the 12 months following 1 July of each year. If the employee ceases duty before accruing the leave, the value of the unearned portion must be refunded to the employer, calculated at the rate of salary as at the date the leave was taken, but no refund is required in the event of the death of the employee.

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

24.18 Personal leave may be taken on an hourly basis.
Application for Personal Leave

24.19 Reasonable and legitimate requests for personal leave will be approved subject to available credits. Subject to subclause 24.5 the employer may grant personal leave in the following circumstances:

(a) Where the employee is ill or injured;

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

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

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

24.20 Employees must complete the necessary application and clearly identify which of the above circumstances apply to their personal leave request.

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

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

24.23 An application for personal leave exceeding two (2) consecutive working days shall be supported by evidence to the satisfaction of a Superintendent based on a standard of a reasonable person test.

24.24 Supporting evidence is not required for five (5) cumulative days of personal leave taken in a calendar year when that leave is taken in single or two (2) day increments. Personal leave taken in single or two day increments beyond the permitted five (5) days shall be supported by evidence to the satisfaction of the Superintendent.

24.25 A minimum level of documentation is required to provide evidence satisfying the Superintendent of the entitlement to personal leave.

24.26 That minimum requirement is, in the case of personal leave taken due to:

(a) Illness or injury – subject to subclauses 24.23 and 24.24 a medical certificate from a certified medical practitioner indicating the employee was or is unfit for work;

(b) Primary care reasons - a signed statement outlining the name of the person requiring care, the employee’s relationship to that person, the reasons for taking leave and the estimated period of absence;
(c) Unanticipated matters of a compassionate or pressing nature – a signed statement outlining the nature of the unanticipated occurrence, and stipulating the relationship of the employee to that situation; and

(d) Planned matters – a signed statement outlining the nature of the planned matter, and justifying the requirement for the employee to take personal leave as a result.

24.27 In each of the above cases, it is at the discretion of the Superintendent as to whether the evidence provided is satisfactory justification for the entitlement to personal leave.

24.28 Personal leave will not be approved where an employee is absent from duty because of personal illness directly caused by the misconduct of that Employee.

24.29 Where a Superintendent has received a complaint or has reason to believe that an employee has taken personal leave without genuine cause, or has taken personal leave without providing satisfactory evidence, the Superintendent may,

(a) inquire into the matter, and/or

(b) require an explanation in writing from the employee concerned, and/or

(c) conduct an interview with the employee either at the employee's home or place of work, and/or

(d) where appropriate direct the employee to attend a medical practitioner nominated by the Department of Corrective Services for a medical examination to determine the employee's fitness for duty; and/or

(e) refer the employee to the Employee Welfare Services Branch for counselling.

24.30 Where it is reported that the absence is because of illness caused by the misconduct of the Employee, or the Employee fails without reasonable cause to attend the medical examination, the fee for the examination must be deducted from the Employee's salary and personal leave will not be granted.
24.31
(a) The parties to the Agreement have agreed that an employee who takes Personal Leave without genuine cause is guilty of serious misconduct.
(b) If a Superintendent is satisfied that an employee who has taken Personal Leave without genuine cause or acted in breach of this clause, the Superintendent shall:
(i) direct that the employee be counselled by an employee senior in rank, and/or
(ii) direct that the misconduct be noted on the employee's Performance Appraisal Report, and/or
(iii) recommend to the Deputy Commissioner Adult Custodial that the employee be given a compulsory transfer to another prison, and/or
(iv) recommend to the Deputy Commissioner Adult Custodial that the employee be examined in accordance with Regulation 5 of the Prison Regulations 1982, or
(v) initiate disciplinary proceedings under Part 10 of the Act, (which may result in the following penalties; a caution, a reprimand, a fine not exceeding $250, suspension from duty without pay or other entitlements for a period not exceeding 10 working days, reduction to a lower rank, requirement to resign under threat of dismissal or dismissal).

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

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

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


Other Conditions

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

24.36 Unused personal leave will not be cashed out or paid out when an employee ceases their employment.
Workers’ Compensation
24.37 Where an employee suffers a disability within the meaning of section 5 of the Workers’ Compensation and Rehabilitation Act 1981 which necessitates that employee being absent from duty, personal leave with pay shall be granted to the extent of personal leave credits. In accordance with section 80(2) of the Workers’ Compensation and Rehabilitation Act 1981 where the claim for workers’ compensation is decided in favour of the employee, personal leave credit is to be reinstated and the period of absence shall be granted as leave without pay.
Portability

24.38 The employer shall credit an employee additional personal leave credits up to those held at the date that employee ceased previous employment provided:

(a) Immediately prior to commencing employment in the Prison Service of Western Australia, the employee was employed in the service of:
i) The Commonwealth Government of Australia, or
ii) Any other State of Australia, or
iii) In a State body or statutory authority prescribed by Administrative Instruction 611; and
(b) The employee's employment with the Prison Service of Western Australia commenced no later than one (1) week after ceasing previous employment.

(c) The maximum break in employment permitted by subclause 24.38(b) of this subclause, may be varied by the approval of the employer provided that where employment with the Public Service of Western Australia commenced more than one (1) week after ceasing the previous employment, the period in excess of one (1) week does not exceed the amount of accrued and pro rata annual leave paid out at the date the employee ceased with the previous employer.

Travelling Time for Regional Employees

24.39 Subject to the evidentiary requirements set out in subclauses 24.23 and 24.24 of this clause, a regional employee who requires medical attention at a medical facility in Western Australia located 240km or more from their work location will be granted paid travel time undertaken during the employee’s ordinary working hours up to a maximum of 40 hours per annum.
24.40 The employer may approve additional paid travel time to a medical facility in Western Australia where the employee can demonstrate to the satisfaction of the employer that more travel time is warranted.

24.41 The provisions of subclauses 24.39 and 24.40 are not available to employees whilst on leave without pay or sick leave without pay.

24.42 The provisions of subclauses 24.39 and 24.40 apply as follows:

(a) An employee’s ordinary working hours do not include those hours worked on shift swaps.

(b) A part time employee shall be entitled to the same entitlement as a full time employee for the period of employment, but on a pro-rata basis according to the number of ordinary hours worked each fortnight.

(c) The provisions do not apply to sessional employees.


25.0 ANNUAL LEAVE

25.1 Where an employee applies to defer his or her annual leave in accordance with subclause 30.3(3)(b) of the Award, the Superintendent and the employee shall agree to an alternate date for commencement of annual leave at the time of application

Annual Leave Travel Concession

25.2 This clause replaces subclause 31.1 – Travel Concessions Annual Leave Broome and Roebourne Prisons of the Award.

25.3 Employees stationed at Broome and Roebourne Regional Prisons when proceeding on annual leave to a destination outside the geographical region of their headquarters shall be entitled to a travel concession covering the costs of airfares or motor vehicle allowance up to a maximum amount equivalent to the value of a return fully flexible and refundable airfare to Perth or their travel destination, whichever is the lesser.

Employees Whose Headquarters are Located 240 Kilometres or More From Perth

25.4 Employees who are not entitled to annual leave travel concessions in accordance with Clause 31 – Travel Concessions Annual Leave Broome and Roebourne Prisons of the Award who are stationed at a Prison or Work Camp 240 km or more from the Perth General Post Office and who travel to Perth for their annual leave will be granted by the employer up to one ordinary rostered shift of travelling time per annum, subject to demonstrating the requirements of subclauses 25.4 and 25.5.

25.5 This entitlement will apply where the employee is rostered to work as part of ordinary hours on a shift the date immediately prior to the commencement of annual leave or the date immediately after the completion of annual leave. An employee will not be granted travelling time if they have swapped into the shift.


26.0 ADDITIONAL LEAVE FLEXIBILITIES

26.1 This clause is to be read in conjunction with Award Clause 30 - Annual Leave and Award Clause 32 - Long Service Leave.

Cashing out Annual Leave

26.2 Employees may by agreement with their employer, cash out any period of an accrued entitlement to annual leave provided the employee has taken or proceeds on 3 weeks rostered annual leave in that leave year.

Access to Accrued Long Service Leave Entitlement

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

Cash Out of Accrued Long Service Leave Entitlement

26.4 Employees may by agreement with their employer, cash out any portion of an accrued entitlement to long service leave, provided the employee proceeds on a minimum of three weeks annual leave in that leave year.

26.5 Where employees cash out any portion of an accrued entitlement to long service leave in accordance with this subclause, the entitlement accessed is excised for the purpose of continuous service in accordance with subclause 32.4 of the Award.

Long Service Leave on Double Pay

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

26.7 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 32.4 of the Award.

Long Service Leave on Half Pay

26.8 Employees may by agreement with their employer, access any portion of an accrued entitlement to long service leave on half pay for double the period accrued.

Access to Pro Rata Long Service Leave

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

26.10 Where employees access pro rata long service leave, any period of leave taken will be excised for the purpose of continuous service in accordance with subclause 32.4 of the Award.  

27.0 PURCHASED LEAVE- 50/52 0R 49/52 SALARY ARRANGEMENT

27.1 The employee may elect to enter into an arrangement whereby the employee can purchase a block of two (2) or three (3) weeks additional leave. These arrangements have been developed to encourage employees working a three (3) week roster cycle to apply for the three (3) week leave block.

27.2 The employer will give priority access to those employees with carer responsibilities.

27.3 The employee can agree to take a reduced salary spread over the 52 weeks of the year and receive two (2) or three (3) weeks purchased leave.

27.4 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, their salary will be adjusted on the last pay period in July to take account of the fact that time worked during the year was not included in the salary.

27.5 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 July to take into account any variations to the employee’s ordinary working hours during the previous year.

27.6 Applications by employees wishing to receive the additional weeks leave must be received by 31 March prior to the financial year in which the leave will be taken.

27.7 Overtime will continue to be paid as if the employee was in receipt of their normal substantiative salary and not the amended salary rate.

27.8 Each prison, prior to the start of the financial year, will determine the number of employees who have elected for the additional two (2) or three (3) weeks additional leave and develop a roster. The roster is to be designed to spread allocation of this leave evenly throughout the year. Employees will be given the opportunity to nominate periods within the roster. Where more employees than can be accommodated nominate for a particular block the Superintendent will decide in consulting with those employees directly affected who is to be allocated the period. Subject to subclause 27.2 employees will receive priority where that leave adjoins their existing leave roster.


28.0 UNION FACILITIES FOR UNION REPRESENTATIVES

28.1 This clause shall be read in conjunction with Clause 39 – Union Facilities for Union Representatives of the Award, particularly subclause 39(5)(i) of the Award.

28.2 Those elected representatives attending a State Council or Executive Council meeting whose Branch is located more than 240km from the Perth General Post Office will be provided with appropriate travel time during ordinary rostered hours, up to a maximum of one rostered shift or 12 hours, whichever is the lesser.


29.0 STUDY LEAVE

29.1 This clause shall be read in conjunction with Clause 42 – Study Leave of the Award.

29.2 Study leave will only be granted during the recognised academic year.

29.3 An employee, on application, may be granted a maximum period of one hundred and fifty (150) hours of block study time in any calendar year. This entitlement may be taken for periods of less than 150 hours.

29.4 An employee will be granted time off during normal rostered shifts, subject to meeting the requirements for study leave as provided by Clause 42 – Study Leave of the Award. No time off will be approved where a shift swap has been put in place by the employee.

29.5 Part time employees or those employees who commence after 1 January shall be entitled to study leave as prescribed by subclause 29.3 on a pro rata basis.

29.6 The entitlement to study leave is non-cumulative.

29.7 Employees will not be entitled to study leave during periods of workers’ compensation and approved leave.

29.8 An employee may be required to enter into a service agreement with the employer where application for re-imbursement for costs has been made. A bond will not be required.


30.0 BEREAVEMENT LEAVE

30.1 This clause shall be read in conjunction with Clause 35 – Bereavement Leave of the Award.

Travelling time for Regional Employees

30.2 Subject to prior approval from the employer, an employee entitled to Bereavement Leave and who as a result of such bereavement travels to a location within Western Australia that is more than 240 km from their workplace will be granted paid time off for the travel period undertaken in the employee’s ordinary working hours up to a maximum of 2 shifts or 24 hours per bereavement, whichever is the lesser. The employer will not unreasonably withhold approval.
30.3 The employer may approve additional paid travel time within Western Australia where the employee can demonstrate to the satisfaction of the employer that more than two days travel time is warranted.

30.4 The provisions of this clause are not available to employees whilst on leave without pay or sick leave without pay.

30.5 The provisions of subclauses 30.2 and 30.3 – Travelling Time for Regional Employees, apply as follows.

(a) An employee employed on a fixed term contract for a period greater than 12 months shall be credited with the same entitlement as a permanent employee for each full year of service and pro rata for any residual portion of employment.

(b) An employee on a fixed term contract for a period less than 12 months shall be credited with the same entitlement on a pro-rata basis according to the number of ordinary ours worked each fortnight.

(c) A part time employee shall be entitled to the same entitlement as a full time employee for the period of employment, but on a pro-rata basis according to the number of ordinary hours worked each fortnight.


31.0 CULTURAL/ CEREMONIAL LEAVE

31.1 This clause is to be read in conjunction with subclause 36.6 – Cultural/ Ceremonial Leave of the Award.

31.2 In addition to subclauses 36.6(1) and 36.6(2) of the Award, cultural/ ceremonial leave can be deducted from the employee’s accrued long service leave entitlements, but in full days only.


PART 6 – OTHER PROVISIONS

32.0 MAHONEY INQUIRY

32.1 For the purposes of this clause the Inquiry into Prisons, which has been conducted by former Justice Dennis Mahoney, shall be known as “the Inquiry”.

32.2 Both parties agree that all findings and recommendations of an industrial nature made by the Inquiry will be considered in good faith.

32.3 In the interests of operational efficiency, both parties agree to consider the incorporation of Inquiry recommendations into workplace practice. If the parties agree then these can be introduced without requiring the registration of a new Agreement to reflect those new practices.


33.0 RANK STRUCTURE REVIEW

33.1 The parties agree to establish a working party within three (3) months from the date of registration of this Agreement to undertake a review of the Prison Officer rank structure.

33.2 This review shall include discussion with regard to;

(d) The role and function of the proposed Principal Officer and Assistant Senior Officer rank;

(e) The appropriate selection process for promotion to these ranks;

(f) Arrangements for abolishing the current First Class Prison Officer rank and the transition arrangements agreed between the parties for introduction of the Assistant Senior Officer rank.

(g) Recommendations for Assistant Senior Officer rates of pay.

(h) Appropriate rostering arrangements for Assistant Senior Officers and Principal Officers.

(i) Discussion of employment conditions applicable to uniformed staff who are not employed in Prisons or Work Camps, including Senior Officer (Training).

33.3 The parties agree to implement transition arrangements for the introduction of the Assistant Senior Officer rank and appointment to Assistant Senior Officer within the life of the Agreement.

33.4 The parties agree to implement procedures for appointment to the Principal Officer rank within twelve months from the registration of the Agreement.

33.5 The salary structure for the Principal Officer rank as provided at Schedule A – Rates of Pay applies to a Monday-Friday rostering arrangement.


34.0 ESTABLISHMENT OF A PRISON OFFICER INTERSTATE EXCHANGE PROGRAMME

34.1 The parties agree to discuss during the life of the Agreement the possibility of establishing a Prison Officer Interstate Exchange Programme.


SCHEDULE A – RATES OF PAY

Prison Officers

2006 Structure
10/06/2006
2007 Structure
11/06/2007
11/06/2008
11/06/2009
 
 
 
 
 
 
Prison Officer (Training)
 
Prison Officer (Training)
 
 
 

33364

38684
41035
42677
 
 
 
 
 
 
Prison Officer
 
Prison Officer
 
 
 






Mon-Fri
 
Mon-Fri
 
 
 
1st Year
38202
1st Year
40720
43195
44923
2nd Year
39699
2nd Year
42315
44888
46683
 
 
3rd Year
44327
47022
48902
3-5 Year
41586
4-5 Year
45506
48273
50204
6-7 year
42693
6-7 year
46417
49239
51208
Thereafter
43547
Thereafter
47345
50224
52233
 
 
 
 
 
 
 
 
 
 
 
 
Shifts
 
Shifts
 
 
 
1st Year
47113
1st Year
50218
53271
55402
2nd Year
49087
2nd Year
52322
55503
57723
 
 
3rd Year
54879
58216
60544
3-5 Year
51486
4-5 Year
56390
59819
62212
6-7 year
52904
6-7 year
57518
61015
63456
Thereafter
53962
Thereafter
58668
62235
64725
 
 
 
 
 
 
First Class Officer
 
First Class Officer
 
 
 






Mon-Fri
 
Mon-Fri
 
 
 
1-2 years
43829
1-2 years
47653
50550
52572
3 years and thereafter
44705
Thereafter
48605
51560
53623
 
 
 
 
 
 
Shifts
 
Shifts
 
 
 
1-2 years
54244
1-2 years
58974
62559
65061
3 years and thereafter
55329
Thereafter
60153
63810
66363






Senior Officer
 
Senior Officer
 
 
 






Mon-Fri
 
Mon-Fri
 
 
 
1st Year
45325
1st Year
49281
52277
54368
2nd Year
46434
2nd Year
50487
53556
55698
3rd Year
47543
3rd Year
51692
54835
57029
4 -5 Year
48680
4 -5 Year
52929
56147
58393
Thereafter
49653
Thereafter
53987
57269
59560
 
 
 
 
 
 
Shifts
 
Shifts
 
 
 
1st Year
55944
1st Year
60821
64519
67099
2nd Year
57469
2nd Year
62479
66277
68929
3rd Year
58874
3rd Year
64006
67898
70614
4-5 Year
60281
4-5 Year
65536
69520
72301
Thereafter
61486
Thereafter
66846
70910
73747
 
 
 
 
 
 
Principal Officer
 
 
 
 
 
Mon-Fri
 
 
 
 
 
1st Year
N/A
 
72977
77355
80449
2nd Year
N/A
 
74436
78902
82058
Thereafter
N/A
 
75925
80480
83699























Prison Officers (Vocational and Support)

2006 Structure
10/06/2006
2007 Structure
11/06/2007
11/06/2008
11/06/2009
 
 
 
.


Level 1 VSO
 
Level 1 VSO

 
 
Mon-Fri
 
Mon-Fri
 
 
 
1st Year
38202
1st Year
40720
43196
44923
2nd Year
39699
2nd Year
42315
44888
46683
 
 
3rd Year
44327
47022
48902
3-5 Year
41586
4-5 Year
45506
48273
50204
6-7 year
42693
6-7 year
46417
49239
51208
Thereafter
43547
Thereafter
47345
50224
52233






Mon-Fri plus Public Holidays
 
Mon-Fri plus Public Holidays
 
 
 
1st Year
39667
1st Year
42281
44852
46646
2nd Year
41221
2nd Year
43937
46609
48473
 
 
3rd Year
46027
48825
50778
3-5 Year
43181
4-5 Year
47251
50124
52129
6-7 year
44330
6-7 year
48197
51127
53172
Thereafter
45217
Thereafter
49160
52149
54235






Alternate Weekends 8 Hours
 
Alternate Weekends 8 Hours
 
 
 
1st Year
44446
1st Year
47375
50255
52266
2nd Year
46188
2nd Year
49232
52225
54314
 
 
3rd Year
51573
54708
56896
3-5 Year
49672
4-5 Year
54004
57287
59579
6-7 year
50665
6-7 year
55085
58433
60770
Thereafter
51678
Thereafter
56186
59602
61986






Alternate Weekends 10 Hours
 
Alternate Weekends 10 Hours
 
 
 
1st Year
45641
1st Year
48649
51607
53671
2nd Year
47430
2nd Year
50556
53629
55775
 
 
3rd Year
52959
56179
58426
3-5 Year
51007
4-5 Year
55456
58827
61180
6-7 year
52028
6-7 year
56565
60004
62405
Thereafter
53068
Thereafter
57696
61204
63652


















Level 2 VSO
 
Level 2 VSO

 
 
Mon-Fri
 
Mon-Fri
 
 
 
1st-2nd years
43829
1-2 years
47652
50549
52571
Thereafter
44705
Thereafter
48605
51560
53622
 
 
 
 
 
 
Mon - Fri Plus Public Holidays
 
Mon - Fri Plus Public Holidays
 
 
 
1st-2nd years
45510
1-2 years
49480
52489
54588
Thereafter
46419
Thereafter
50468
53537
55678
 
 
 
 
 
 
Alternate Weekends 8 Hours
 
Alternate Weekends 8 Hours
 
 
 
1st-2nd years
50994
1-2 years
55442
58813
61165
Thereafter
52012
Thereafter
56548
59986
62386
 
 
 
 
 
 
Alternate Weekends 10 Hours
 
Alternate Weekends 10 Hours
 
 
 
1st-2nd years
52365
1-2 years
56932
60393
62809
Thereafter
53411
Thereafter
58069
61600
64064
 
 
 
 
 
 






Level 2A VSO
 
Level 2A VSO

 
 
Mon-Fri
 
Mon-Fri
 
 
 
1st- 2nd Year
44950
1– 2 years
48870
51842
53915
Thereafter
45849
Thereafter
49848
52879
54994






Mon - Fri Plus Public Holidays
 
Mon - Fri Plus Public Holidays
 
 
 
1st- 2nd Year
46653
1-2 years
50721
53805
55958
Thereafter
47606
Thereafter
51759
54906
57102






Alternate Weekends 8 Hours
 
Alternate Weekends 8 Hours
 
 
 
1st – 2nd Year
52069
1-2 years
56610
60052
62454
Thereafter
53132
Thereafter
57766
61278
63729






Alternate Weekends 10 Hours
 
Alternate Weekends 10 Hours
 
 
 
1st – 2nd year
53422
1-2 years
58081
61612
64077
Thereafter
54513
Thereafter
59267
62870
65385
 
 
 
 
 
 
Level 3 VSO
 
Level 3 VSO

 
 
Mon-Fri
 
Mon-Fri
 
 
 
1st Year
45325
1st Year
49280
52276
54367
2nd Year
46434
2nd Year
50486
53555
55698
3rd Year
47543
3rd Year
51692
54835
57028
4 -5 Year
48680
4 -5 Year
52928
56146
58392
Thereafter
49653
Thereafter
53986
57268
59559
 
 
 
 
 
 
Mon-Fri Plus Public Holidays
 
Mon-Fri Plus Public Holidays
 
 
 
1st Year
47063
1st Year
51170
54281
56452
2nd Year
48214
2nd Year
52422
55609
57834
3rd Year
49366
3rd Year
53674
56938
59215
4-5 Year
50547
4-5 Year
54958
58299
60631
Thereafter
51557
Thereafter
56056
59464
61843












Alternate Weekends 8 Hours
 
Alternate Weekends 8 Hours
 
 
 
1st Year
52734
1st Year
57334
60820
63252
2nd Year
54024
2nd Year
58735
62306
64799
3rd Year
55314
3rd Year
60138
63794
66346
4-5 Year
56638
4-5 Year
61578
65322
67935
Thereafter
57769
Thereafter
62807
66626
69291












Alternate Weekends 10 Hours
 
Alternate Weekends 10 Hours
 
 
 
1st Year
54151
1st Year
58874
62453
64952
2nd Year
55476
2nd Year
60314
63981
66540
3rd Year
56802
3rd Year
61756
65511
68131
4-5 Year
58160
4-5 Year
63232
67077
69760
Thereafter
59323
Thereafter
64497
68418
71155


















 
 
 
 
 
 












Level 4 VSO
 
Level 4 VSO

 
 
Mon-Fri
 
Mon-Fri

 
 
1st year
46573


 
 
2nd year
47681


 
 
3rd year
48789


 
 
4th-5th Year
49925
 
 
 
 
Thereafter
50924
1st Year
55365
58731
61080
 
51433
2nd Year
55918
59318
61691
 
51948
Thereafter
56479
59913
62309
 
 
 
 
 
 
Mon-Fri Plus Public Holidays
 
Mon-Fri Plus Public Holidays
 
 
 
1st Year
47922
 
 
 
 
2nd Year
49062
 
 
 
 
3rd Year
50202
 
 
 
 
4th-5th Year
51370
 
 
 
 
Thereafter
52876
1st Year
57487
60982
63421
 
53405
2nd Year
58063
61593
64057
 
53940
Thereafter
58643
62208
64697
 
 
 
 
 
 
Alternate Weekends 8 Hours
 
Alternate Weekends 8 Hours
 
 
 
1st Year
53971
 
 
 
 
2nd Year
55255
 
 
 
 
3rd Year
56539
 
 
 
 
4th-5th Year
57855
 
 
 
 
Thereafter
59013
 
 
 
 
 
59248
1st Year
64416
68322
71065
 
59841
2nd Year
65061
69016
71777
 
60440
Thereafter
65712
69707
72495
 
 
 
 
 
 
Alternate Weekends 10 Hours
 
Alternate Weekends 10 Hours
 
 
 
1st Year
55374
 
 
 
 
2nd Year
56691
 
 
 
 
3rd Year
58009
 
 
 
 
4th-5th Year
59359
 
 
 
 
Thereafter
60840
1st Year
66146
70168
72975
 
61449
2nd Year
66808
70870
73705
 
62065
Thereafter
67478
71581
74444
Level 5 VSO
 
Level 5 VSO

 
 
Mon-Fri
 
Mon-Fri
 
 
 
1st Year
47822
 
 
 
 
2nd Year
48929
 
 
 
 
3rd Year
50037
 
 
 
 
4th-5th Year
51172
 
 
 
 
Thereafter
52196
1st Year
56749
60199
62607
 
52717
2nd Year
57316
60800
63232
 
53244
Thereafter
57888
61408
63864






Mon-Fri Plus Public Holidays
 
Mon-Fri Plus Public Holidays
 
 
 
1st Year
49656
 
 
 
 
2nd Year
50805
 
 
 
 
3rd Year
51956
 
 
 
 
4th-5th Year
53134
 
 
 
 
Thereafter
54198
1st Year
58925
62508
65008
 
54740
2nd Year
59511
63130
65655
 
55287
Thereafter
60106
63761
66311






Alternate Weekends 8 Hours
 
Alternate Weekends 8 Hours
 
 
 
1st Year
55418
 
 
 
 
2nd Year
56701
 
 
 
 
3rd Year
57985
 
 
 
 
4th-5th Year
59300
 
 
 
 
Thereafter
60728
1st Year
66024
70039
72840
 
61335
2nd Year
66685
70739
73568
 
61949
Thereafter
67352
71447
74305
 
 
 
 
 
 
Alternate Weekends 10 Hours
 
Alternate Weekends 10 Hours
 
 
 
1st Year
56859
 
 
 
 
2nd Year
58175
 
 
 
 
3rd year
59493
 
 
 
 
4th-5th Year
60842
 
 
 
 
Thereafter
62361
1st Year
67800
71822
74799
 
62985
2nd Year
68478
72642
75548
 
63614
Thereafter
69162
73367
76303




Other Prison Officers

2006 Structure
10/06/2006
2007 Structure
11/06/2007
11/06/2008
11/06/2009
 
 
 
 
 
 
Senior Officer Security (Albany, Hakea and EGRP)

Senior Officer Security (Albany, Hakea and EGRP)



1st Year
53180
1st Year
57818
61333
63786
2nd Year
54509
2nd Year
59263
62866
65381
3rd Year
55838
3rd Year
60708
64399
66975
4-5 Year
57168
4-5 Year
62154
65933
68570
Thereafter
58311
Thereafter
63397
67251
69941




 
 
Senior Officer Reception (Hakea)
 
Senior Officer Reception (Hakea)
 
 
 
1st Year
50849
1st Year
55284
58645
60991
2nd Year
52117
2nd Year
56662
60107
62512
3rd Year
53419
3rd Year
58078
61609
64073
4-5 Year
54653
4-5 Year
59420
63032
65554
Thereafter
55746
Thereafter
60607
64292
66864






Senior Officer (Training)
 
Senior Officer (Training)
 
 
 
1st Year
55944
1st Year
60821
64519
67099
2nd Year
57469
2nd Year
62479
66277
68929
3rd Year
58874
3rd Year
64006
67898
70614
4-5 Year
60281
4-5 Year
65536
69520
72301
Thereafter
61486
Thereafter
66846
70910
73747






Transport Driver - Casuarina and Hakea VO1DCA

Transport Driver - Casuarina and Hakea VO1DCA



1st Year
47315
1st Year
51441
54569
56752
2nd Year
49169
2nd Year
53457
56707
58975
3-5 Year
51507
3rd Year
55999
59404
61780
6-7 Year
52877
4-5 Year
57488
60984
63423
Thereafter
53905
Thereafter
58606
62170
64656
 
 
 
 
 
 
Hakea Movements VO2HM

Hakea Movements VO2HM



1st-2nd Year
49165
1st-2nd Year
53453
56703
58971
Thereafter
50148
Thereafter
54522
57837
60150






Bandyup Reception VO2BR

Bandyup Reception VO2BR



1st-2nd Year
47703
1st-2nd year
51863
55017
57217
Thereafter
48657
Thereafter
52901
56117
58362






Hakea Reception VO2HR

Hakea Reception VO2HR



1st-2nd Year
48800
1st-2nd year
53056
56282
58533
Thereafter
49775
Thereafter
54117
 57407
59703






Senior Work Camp Officer
 
Senior Work Camp Officer
 
 
 
Mon-Fri
 
Mon-Fri
 
 
 
1st Year
55944
1st Year
60821
64519
67099
2nd Year
57469
2nd Year
62479
66277
68929
3rd Year
58874
3rd Year
64006
67898
70614
4-5 Year
60281
4-5 Year
65536
69520
72301
Thereafter
61486
Thereafter
66846
70910
73747






Prison Officer Work Camp (7 Day)
 
Prison Officer Work Camp (7 Day)
 
 
 
Mon-Fri
 
Mon-Fri
 
 
 
1st Year
49862
1st Year
54211
57507
59807
2nd Year
51190
2nd Year
55655
59039
61400
3rd Year
52551
3rd Year
57134
60608
63032
Thereafter
53602
Thereafter
58277
61820
64293





















Transition Arrangements for Prison Officers (Vocational and Support)

1. Prior to the registration of this Agreement all Prison Officers (Vocational and Support) who were classified under ‘Group’ classifications were moved to the ‘Level’ classifications.

2. All Prison Officers will be employed in generic classifications rather than job/prison specific classifications.

3. The Department and Union have previously identified individual officers whose pay is to be maintained. These employees will have their pay maintained in accordance with the conditions previously agreed between the parties. Any officer employed before the date of registration of this Agreement who is subsequently identified by the parties will be considered in accordance with this subclause.

4. The parties agree to discuss conditions of pay maintenance for subsequently identified employees appointed on or after the date of registration of this Agreement.

5. The parties agree that the Deputy Commissioner Adult Custodial must approve any alteration to an employee’s work pattern that will result in a rate of pay which differs from those listed in Schedule A – Rate of Pay. The Deputy Commissioner Adult Custodial will confirm in writing the employee’s appropriate classification and rate of pay.

Transition to Level 4 VSO

6. An employee classified as a Level 4 VSO as at the date of registration of this Agreement shall be placed on the appropriate Level 4 VSO salary increment in accordance with their completed years of service, effective 11 June 2007. An employee’s anniversary date for the purposes of salary progression shall be 11 June.

7. After the completion of 12 months satisfactory service from 11 June 2007, an employee shall progress to the next highest salary increment, if applicable.

8. An employee classified at a VSO Level below Level 4 VSO who acts in a Level 4 VSO position will be paid at Level 4 VSO 1st Year. Consideration will be given to any acting at Level 4 VSO completed after the registration date of this Agreement, and subject to Schedule B – Memorandum of Agreement of the Award.

9. An employee promoted to Level 4 VSO will commence at Level 4 VSO 1st Year. Consideration will be given to any acting at Level 4 VSO completed after the registration date of this Agreement, and subject to Schedule B – Memorandum of Agreement of the Award.

Transition to Level 5 VSO

10. An employee classified as a Level 5 VSO as at the date of registration of this Agreement shall be placed on the appropriate Level 5 VSO salary increment in accordance with their completed years of service, effective 11 June 2007. An employee’s anniversary date for the purposes of salary progression shall be 11 June.
11. An employee classified at a VSO Level below Level 5 VSO who acts in a Level 5 VSO position will be paid at Level 5 VSO 1st Year. Consideration will be given to any acting at Level 5 VSO completed after the registration date of this Agreement, and subject to Schedule B – Memorandum of Agreement of the Award.

12. An employee promoted to Level 5 VSO will commence at Level 5 VSO 1st Year. Consideration will be given to any acting at Level 5 VSO completed after the registration date of this Agreement, and subject to Schedule B – Memorandum of Agreement of the Award.

13. Subclauses 6-12 replace Salary – Appointment and Acting of Section 1 – SALARY of Schedule B – Memorandum of Agreement of the Award.



Schedule B - SIGNATORIES TO THE AGREEMENT







……………………………………
Mr Ian Johnson
COMMISSIONER
DEPARTMENT OF CORRECTIVE SERVICES
FOR THE MINISTER FOR CORECTIVE SERVICES










…………………………………….
Mr John Welch
STATE SECRETARY
WESTERN AUSTRALIAN PRISON OFFICERS’
UNION OF WORKERS






APPENDIX 1 - DISPUTE MANAGEMENT PROCEDURE FORM

(as per subclause 15.8)
Part A -Individual Dispute (to be used for disputes within subclause 15.5)
Stage One

1. Employee Complaint:

(a) Issue (i.e. Who is involved? What is the area of disagreement? What is the decision activating the dispute management process?): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(b) Resolution sought:
___________________________________________________________________________________________________________________________________________________________________________________________________________________________

Date:
Signed:

2. Superintendent’s Response:

___________________________________________________________________________________________________________________________________________________________________________________________________________________________
As the matter has not been resolved/ a mutually satisfactory outcome has been reached, and therefore/ the matter is referred onto the next stage of the Dispute Management Procedure / the parties agree that no further discussion is required in relation to this dispute.

Date:
Date:
Signed:
Signed:
Employee/ or Representative
Superintendent/ or Representative


Stage Two

3. Relevant Deputy Commissioner’s / Union Executive’s Response:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

As the matter has not been resolved/ a mutually satisfactory outcome has been reached, and therefore /the matter is referred onto the next stage of the Dispute Management Procedure / the parties agree that no further discussion is required in relation to this dispute.


Date:
Date:
Signed
Signed
Employee/ or Representative
Relevant Deputy Commissioner / or Representative


Copy to employee once completed as per subclause 15.5
Dispute Management Procedure Form (as per subclause 15.8)

Part B –Prison or Department Service Area/ Corporate Dispute (used for disputes under subclauses 15.6 or 15.7)
Stage One

1. Union Complaint:

15.9 Issue (i.e. Who is involved? What is the area of disagreement?
15.10 (a) What is the decision activating the dispute management process?):
15.11 ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(b) Resolution sought:
15.12 ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


Date:
Signed

2. Superintendent’s / Local Branch Response: (For prison disputes)
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

As the matter has not been resolved/ a mutually satisfactory outcome has been reached, and therefore /the matter is referred onto the next stage of the Dispute Management Procedure / the parties agree that no further discussion is required in relation to this dispute.


Date:
Date:
Signed
Signed
Union Representative
Superintendent / or Representative



Stage Two

3. Relevant Deputy Commissioner’s / Union Executive’s Response:
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


As the matter has not been resolved/ a mutually satisfactory outcome has been reached, and therefore/ the matter is referred onto the next stage of the Dispute Management Procedure / the parties agree that no further discussion is required in relation to this dispute.


Date:
Date:
Signed
Signed
Union Executive
Prison Executive