GOVERNMENT OFFICERS (STATE GOVERNMENT INSURANCE COMMISSION) AWARD, 1987

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated AND Insurance Commission of Western Australia

FIRST AND SECOND APPLICANTS

CORAM PUBLIC SERVICE ARBITRATOR

 Senior Commissioner J H Smith

DATE Tuesday, 28 October 2008

FILE NO/S P 36 OF 2008

CITATION NO. 2008 WAIRC 01544

Result Varied

Representation

First Applicant Ms S Thomas on behalf of The Civil Service Association of Western Australia Incorporated

Second Applicant Ms L Cox and Mr A Dores as agents on behalf of Insurance Commission of Western Australia

Order

HAVING heard Ms Thomas on behalf of the First Applicant, The Civil Service Association of Western Australia Incorporated, and Ms Cox and Mr Dores as agents on behalf of the Second Applicant, Insurance Commission of Western Australia, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (the Act), hereby orders:—

THAT the Government Officer (State Government Insurance Commission) Award, 1987 be varied in accordance with the following schedule and that such variation shall have effect from 28 October 2008.

Senior Commissioner J H Smith

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 2. – Arrangement: 

A. Delete "23.  Study Leave" and insert the following in lieu thereof:

23. Study Assistance

B. Delete from "41.  Organisational Change" to "50.  Casual Employment" and insert the following in lieu thereof:

41. Access to Information and Resources

42. Organisational Change

43. Preservation and Non-Reduction

44. Special Contracts

45. Establishment of Consultative Mechanisms

46. Salary Packaging Arrangement

47. Supported Wage

48. Purchased Leave - 44/52 Salary Arrangement

49. Purchased Leave - Deferred Salary Arrangement

50. Dispute Settlement Procedure

51. Casual Employment

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

(2) Entitlement

(a) 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.

(b) 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 subclause (2)(a) of this clause.

3. Clause 23. – Study Leave:  Delete the entire clause and insert the following in lieu thereof:

23. - STUDY ASSISTANCE

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

(b) Employees 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 employee 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) organisational convenience;

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

(iii) employees making satisfactory progress with their studies;

(iv) the course being an approved course as defined by subclause (5) of this clause;

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

(vi) the employer’s discretion when the course is only relevant to the employee’s career in the service and being of value to the Insurance Commission of Western Australia.

(c) Part-time employees are entitled to study leave on the same basis as full time employees, with their entitlement calculated on a pro rata basis.  Employees 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) Employees who are obliged to attend educational institutions for compulsory block sessions may be granted time off with pay, including travelling time, up to the maximum annual amount allowed in subclause (2)(d) of this clause.

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

(g) Employees 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 employee’s own time, except in special cases such as where the employee is in the final year of study and requires less time to complete the course, or the employee is undertaking the recommended part-time year or stage and this does not entail five hours formal study.

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

(j) 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 employee’s normal place of work.

(l) An employee shall not be granted more than five 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 employee 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 32. - Defence Force Reserves Leave.

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

(3) Financial Assistance

(a) The employer may reimburse an employee for the full or any part of any reasonable cost of enrolment fees, Higher Education Contribution Surcharge, compulsory textbooks, 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 employee may agree to alternative reimbursement arrangements.

(4) Cadets and Trainees

(a) The employer will 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.  Employees 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 employee 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 subclauses (2) and (3) of this clause, the following are approved courses:

(i) Degree or associate diploma courses at a university within 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 Insurance Commission of Western Australia; 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 subclause (5)(a) of this clause:

(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 employee 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 employee who has completed a two year full time certificate through TAFE is eligible for study assistance to undertake a diploma course specified in subclause (5)(a)(iii) of this clause or a degree or diploma course specified in subclauses (5)(a)(i) or (ii) of this clause.

(6) Full Time Study

(a) Subject to the provisions of subclause (6)(b) of this clause, the employer may grant an employee 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 subclauses (2) and (5) of this clause and clause 22. - Leave Without Pay.

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

(iii) It must be highly relevant to the Insurance Commission of Western Australia’s corporate strategies and goals.

(iv) The expertise or specialisation offered by the course of study should not already be available through other employees employed within the Insurance Commission of Western Australia.

(v) If the applicant was previously granted study leave, studies must have been successfully completed at that time.  Where an employee 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 employee may not be granted study leave with pay for any period beyond that employee’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 the employer, financial assistance to the extent of the difference between the employee’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 employee’s salary for that period.

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

(h) 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 employees under the Award.

4. Clause 41. – Access to Information and Resources:  Immediately following clause 40. - Copies of Award insert the following new clause:

41. - ACCESS TO INFORMATION 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.

5. Clause 41. – Organisational Change:  Delete the clause title and insert the following in lieu thereof:

42. - ORGANISATIONAL CHANGE

6. Clause 42. – Preservation and Non-Reduction:  Delete the clause title and insert the following in lieu thereof:

43. - PRESERVATION AND NON-REDUCTION

7. Clause 43. – Special Contracts:  Delete the clause title and insert the following in lieu thereof:

44. - SPECIAL CONTRACTS

8. Clause 44. – Establishment of Consultative Mechanisms:  Delete the clause title and insert the following in lieu thereof:

45. - ESTABLISHMENT OF CONSULTATIVE MECHANISMS

9. Clause 45. – Salary Packaging Arrangement:  Delete the clause title and insert the following in lieu thereof:

46. - SALARY PACKAGING ARRANGEMENT

10. Clause 46. – Supported Wage:  Delete the clause title and insert the following in lieu thereof:

47. - SUPPORTED WAGE

11. Clause 47. – Purchased Leave - 44/52 Salary Arrangement:  Delete the clause title and insert the following in lieu thereof:

48. - PURCHASED LEAVE - 44/52 SALARY ARRANGEMENT

12. Clause 48. – Purchased Leave - Deferred Salary Arrangement:  Delete the clause title and insert the following in lieu thereof:

49. - PURCHASED LEAVE - DEFERRED SALARY ARRANGEMENT

13. Clause 49. – Dispute Settlement Procedure:  Delete the clause title and insert the following in lieu thereof:

50. - DISPUTE SETTLEMENT PROCEDURE

14. Clause 50. – Casual Employment:  Delete the clause title and insert the following in lieu thereof:

51. - CASUAL EMPLOYMENT