PUBLIC SERVICE AWARD 1992

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated, Curriculum Council of Western Australia, Department of Agriculture and Food

APPLICANTS

-v-

(Not applicable)

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Commissioner P E Scott

DATE WEDNESday, 3 September 2008

FILE NO/S P 32 OF 2008

CITATION NO. 2008 WAIRC 01318

Result Award varied

Representation

Applicants Ms S Thomas on behalf of the Civil Service Association of Western Australia Incorporated

 Ms E McQueen on behalf of the employers parties to the Award

Respondent N/A

Order

HAVING heard Ms S Thomas on behalf of the Civil Service Association of Western Australia Incorporated and Ms E McQueen on behalf of the employers parties to the Award and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Public Service Award 1992 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 2nd day of September 2008.

Commissioner P E Scott

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 21 – Shift Work Allowance: delete clause 21 (2) (a) and replace it with the following clause.

(2)  (a) (i) An officer required to work a weekday afternoon or night shift, will in addition to the ordinary rate of salary, be paid an allowance in accordance with the following formula for each shift so worked.

(ii) Notwithstanding the above, the minimum amount payable per shift to an employee required to work afternoon or night shift will be the allowance payable to an employee with an annual salary of Level 1.7 using the formula at clause 21 (2) (a) (i).

(iii) For the purposes of clause 21 (2) (a), “annual salary” is the ordinary rate of salary payable for the position as prescribed in Schedule A – Salaries, or Schedule B - Salaries -Specified Callings.

2. Clause 21 – Shift Work Allowance: delete clause 21 (2) (b) and replace it with the following.

(2) (b) Work performed during ordinary rostered hours on the following days shall be paid for at the following rates, in lieu of the allowance prescribed in clause 21 (2) (a):

(I) Saturdays - time and on-half;

(ii) Sundays - time and three quarters; and

(iii) Public holidays – double time and one half.

Provided that in lieu of the provisions of clause 21 (2) (b) (iii) and subject to agreement between the employer and the officer, work performed during ordinary rostered hours on a public holidays shall be paid for at the rate of time and one-half and the officer may, in addition be allowed a day’s leave with pay to be added to annual leave to be taken at some other time within a period on one year.

3. Clause 21 – Shift Work Allowance: include the following new subclause (2) (c) after clause 21 (2) (b).

(c) Weekend Penalty Rates for Casual Employees

(i) Notwithstanding the provisions of clause 10 (2) (a) – Casual Employment, casual employees are entitled to weekend shift penalties. Work performed during ordinary rostered hours on the following days shall be paid for at the following rates:

Saturdays and public holidays - time and one-half (casuals are already paid a loading in lieu of public holidays); and

Sundays - time and three quarters.

(ii) These rates are paid in addition to but not compounded on the casual loading provided for clause 10 (1) (a) – Casual Employment.

4. Clause 21 – Shift Work Allowance: renumber existing clauses 21 (2) (c) to (g) as follows.

5. Clause 23 – Annual Leave: delete clause 23 (3) (a) and replace it with the following.

(a) Entitlement

(i) An employee employed after the first day of January in any year is entitled to pro rata annual leave for that year calculated on a daily basis.  At the end of each calendar day of the year the employee will accrue 0.411 hours of paid annual leave provided the maximum accrual will not exceed 150 hours for each completed calendar year of service.

(ii) Where employers have systems in place which record and report pro rata accrual of annual leave entitlements in a manner other than prescribed by this clause, that method of accrual may continue provided the system provides the same accrual over a full year.  Employers must ensure that upon the cessation of employment, all pro rata annual leave entitlements accrued are equivalent to the pro rata annual leave entitlement provided by clause 23 (3) (a) (i). 

6. Clause 23 – Annual Leave: delete clause 23 (10) (a) (vi) and replace it with the following.

(vi) Where employees are entitled to a travel concession under clause 23 (10) and the employees’ headquarters are situated in District Allowance Areas 3, 4, 5 or 6, a travel concession covering the cost of airfares or motor vehicle allowance up to a maximum amount equivalent to the value of a return fully flexible and refundable airfare to Perth will be provided for each employee and each of their dependants when proceeding on annual leave to a location other than Perth or Geraldton.

7. Clause 30 – Study Leave: delete entire clause and replace it with the following clause, renamed Study Assistance.

CLAUSE 30. – STUDY ASSISTANCE

(1) (a) To ensure the maintenance of a trained public sector an employer may provide an officer with paid study leave and/or financial assistance for study purposes in accordance with the provisions of this clause.

(b) Officers are not eligible for study assistance if they have previously received study assistance for an approved course from their employer. Further study assistance towards additional qualifications may, however, be granted in special cases, at the discretion of the employer.

(2) Study Leave

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

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

(i) agency convenience;

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

(iii) officers making satisfactory progress with their studies;

(iv) the course being an approved course as defined by clause 30 (5);

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

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

(c) Part-time officers are entitled to study leave on the same basis as full time officers, with their entitlement calculated on a pro rata basis.  Officers working shift work or on fixed term contracts have the same access to study leave as all other officers.

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

(e) Officers who are obliged to attend educational institutions for compulsory block sessions may be granted time off with pay, including travelling time, up to the maximum annual amount allowed in clause 30 (2) (d).

(f) Where an officer is undertaking approved study via distance education and/or is not required to attend formal classes, an employer may allow the officer to access study leave up to the maximum annual amount allowed in clause 30 (2) (d).

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

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

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

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

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

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

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

(n) An officer performing service with the Australian Defence Force is not entitled to study leave for any period of service with the Australian Defence Force that they receive defence force reserves leave as provided for by clause 39 – Defence Force Reserves Leave.

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

(3) Financial Assistance

(a) An employer may reimburse an officer for the full or any part of any reasonable cost of enrolment fees, Higher Education Contribution Surcharge, compulsory text books, compulsory computer software and other necessary study materials for studies commenced during their employment.

(b) Half of the value of the agreed costs shall be reimbursed immediately following production of written evidence of enrolment and costs incurred, and the remaining half shall be reimbursed following production of written evidence of successful completion of the subject for which reimbursement has been claimed. 

(c) The employer and officer may agree to alternative reimbursement arrangements.

(4) Cadets and Trainees

(a) Agencies are to meet the payment of higher education administrative charges for cadets and trainees who, as a condition of their employment, are required to undertake studies at a university or college of advanced education.  Officers who of their own volition attend such institutions to gain higher qualifications will be responsible for the payment of fees.

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

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

(5)  Approved Courses for Study Purposes

(a)  For the purposes of clauses 30 (2) and (3), the following are approved courses:

(i)  Degree or associate diploma courses at a university within the Australia;

(ii) Degree or diploma courses at an authorised non-university institution;

(iii) Diploma courses provided by registered training organisations, including TAFE;

(iv) Two-year full time certificate courses provided by registered training organisations, including TAFE;

(v) Courses recognised by the National Authority for the Accreditation of translators and Interpreters (NAATI) in a language relevant to the needs of the public sector; and

(vi) Secondary courses leading to the Tertiary Entrance Examination or courses preparing students for the mature age entrance conducted by the Tertiary Institutions Service Centre.

(b) For the purposes of clause 30 (5) (a):

(i) The term ‘university’ includes recognised Australian universities and recognised overseas universities as defined by the Higher Education Act 2004 (WA);

(ii) An authorised non-university institution is a non-university institution that is authorised under the Higher Education Act 2004 (WA) to provide a higher education course; and

(iii) A registered training organisation is an organisation that is registered with the Training Accreditation Council or equivalent registering authority and complies with the nationally agreed standards set out in the Australian Quality Training Framework (AQTF).

(c) An officer who has completed a diploma through TAFE is eligible for study assistance to undertake a degree course at a university within Australia or an authorised non-university institution.

(d) An officer who has completed a two year full time certificate through TAFE is eligible for study assistance to undertake a diploma course specified in clause 30 (5) (a) (iii) or a degree or diploma course specified in clauses 30 (5) (a) (i) or (ii).

(6) Full Time Study

(a) Subject to the provisions of clause 30 (6) (b), the employer may grant an officer full time study leave with pay to undertake:

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

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

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

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

(i) The course or a similar course is not available locally.  Where the course of study is available locally, applications are to be considered in accordance with the provisions of clauses 30 (2) and (5) and clause 29 - Leave without Pay.

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

(iii) It must be highly relevant to the agency’s corporate strategies and goals.

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

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

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

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

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

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

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

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

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

(i) Where officers travelling overseas at their own expense wish to participate in a study tour or convention whilst on tour, study leave with pay may be approved by the employer together with some local transit and accommodation expenses providing it meets the requirements of clause 30 (6) (b). Each case is to be considered on its merits. 

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

8. Clause 2 – Arrangement: Rename clause 30 – Study Leave to clause 30 – Study Assistance

9. Clause 32 – Bereavement Leave: include the following new provisions after clause 32 (5).

(6) Travelling time for Regional Employees

(a) 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 15 hours per bereavement.  The employer will not unreasonably withhold approval.

(b) 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.

(c) The provisions of clause 32 (6) are not available to employees whilst on leave without pay or sick leave without pay.

(d) The provisions of clauses 32 (6) (a) and (b) apply as follows.

(i) 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. 

(ii) An employee employed on a fixed term contract for a period less than 12 months shall be credited with the same entitlement on a pro rata basis for the period of employment.

(iii) 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.

(iv) For casual employees, the provisions apply to the extent of their agreed working arrangements.

10. Clause 43 – District Allowance: include the following new subclause (5) – Casual Officers after clause 43 (4) – Part Time Officers.

(5) Casual Officers

District Allowance is payable to casual employees on an hourly rate basis in accordance with the following formula:

11. Clause 43 – District Allowance: renumber existing subclause (5) – Adjustment of Rates to clause 43 (6).

12. Clause 51 – Removal Allowance: delete entire clause and replace it with the following clause.

51. – REMOVAL ALLOWANCE

(1) 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 employer in special cases.

(c) An allowance of $508.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an employee is required to transport their furniture, effects and appliances provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,042.00.

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $157.00.

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.

(2) An employee who is transferred solely at their own request or on account of misconduct must bear the whole cost of removal unless otherwise determined by the employer prior to removal.

(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 employer 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 clause 47 (2) - Motor Vehicle Allowance.

(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 clause 47 (3) - Motor Vehicle Allowance.

(c) Where an employee or their 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 the 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 3.5 cents per kilometre for a caravan or boat and 2 cents per kilometre for a trailer.

(4) The employee shall, before removal is undertaken obtain quotes from at least two carriers which shall be submitted to the employer, who may authorise the acceptance of the more suitable: Provided that payment for a volume amount beyond 45 cubic metres shall not occur without the prior written approval of the employer.

(5) The employer may, in lieu of conveyance, authorise payment to compensate for any loss in any case where an employee, with prior approval of the employer, disposes of their 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.

(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 $944.00 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.

(7) Receipts must be produced for all sums claimed.

(8) New appointees to the public 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.

(9) An employer may agree to provide removal assistance greater than specified in this award and if in that event that the employee to whom the benefit is granted elects to leave the position, on a permanent basis, within twelve months, the employer may require the employee to repay the additional removal assistance on a pro rata basis.  Repayment can be deducted from any monies due to the employee.

(10) For the purposes of clause 51 (9), “elects to leave the position,” means the employee freely chooses to leave the position in the ordinary course of promotion, transfer or resignation and this necessitates the employer obtaining a replacement employee. 

13. Clause 61 – create a new clause 61 - Access to Information and Resources and include after clause 60 – Copies of Award.

61. - ACCESS TO INFORMATON AND RESOURCES

(1) The parties recognise that information technology resources have major implications for industrial and human resource functions within the workplace.

(2) The employer recognises the need to provide appropriate information to all employees, so it is accessible in the workplace in either electronic or hard copy format.

(3) Where the employer utilises information technology as the means of communicating to employees, the employer must ensure that where employees do not have access to technology, then alternative methods of providing this information will be used.

(4) The information includes, but is not limited to policies and practice guidelines, human resource manuals, awards and agreements, internal agency news bulletins and updates and job opportunities.

14. Clause 2 – Arrangement:  Insert “clause 61 –Access to Information and Resources” after clause 60 –Copies of the Award.

15. Renumber and rename existing clauses 61 to 65 as follows.

16. Clause 2 – Arrangement” renumber and rename existing clauses 61 to 65 as follows:

17. Schedule L – Named Parties: delete entire schedule and replace it with the following schedule.

SCHEDULE L – NAMED PARTIES

The Civil Service Association of Western Australia Incorporated

The employing authority, as defined by the Public Sector Management Act 1994, of each of the following public authorities:

Curriculum Council of Western Australia

Department of Agriculture and Food

Department of the Attorney General

Department for Child Protection

Department for Communities

Department of Consumer and Employment Protection

Department of Corrective Services

Department of Culture and the Arts

Department of Education and Training

Department of Education Services

Department of Environment and Conservation

Department of Fisheries

Department of Health

Department of Housing and Works

Department of Indigenous Affairs

Department of Industry and Resources

Department of Local Government and Regional Development

Department of Racing, Gaming and Liquor

Department of Sport & Recreation Western Australia

Department for Planning and Infrastructure

Department of the Premier and Cabinet

Department of Treasury and Finance

Department of Water

Disability Services Commission

Economic Regulation Authority

Equal Opportunity Commission

Gascoyne Development Commission

Goldfields-Esperance Development Commission

Government Employees Superannuation Board

Great Southern Development Commission

Kimberley Development Commission

Law Reform Commission of Western Australia

Mid West Development Commission

Office of Energy

Office of Health Review

Office of the Auditor General

Office of the Director for Public Prosecutions for Western Australia

Office of the Information Commissioner

Office of the Inspector of Custodial Services

Office of the Public Sector Standards Commissioner

Peel Development Commission

Pilbara Development Commission

Rottnest Island Authority

South West Development Commission

State Supply Commission

Western Australian Electoral Commission

Western Australian Industrial Relations Commission

Western Australian Meat Industry Authority

Western Australian Police Service

Wheatbelt Development Commission

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