COUNTRY HIGH SCHOOL HOSTELS AUTHORITY RESIDENTIAL COLLEGE SUPERVISORY STAFF AWARD 2005

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated

AND

Country High School Hostels Authority

APPLICANTS

-v-

(Not applicable)

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Senior Commissioner J H Smith

DATE WEDNEsday, 21 January 2009

FILE NO/S P 38 OF 2008

CITATION NO. 2009 WAIRC 00020

Result Varied

Representation

Applicants Mr S Farrell for The Civil Services Association of Western Australia Incorporated and

Ms L Wiese (as agent) on behalf of Country High School Hostels Authority

Order

HAVING heard Mr S Farrell for the applicant, The Civil Services Association of Western Australia Incorporated, and Ms L Wiese as agent on behalf of the applicant, Country High School Hostels Authority, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders —

THAT the Country High School Hostels Authority Residential College Supervisory Staff Award 2005 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 15 January 2009.

Senior Commissioner J H Smith

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 3. – Arrangement:

A. Delete the words "42. Study Leave" and insert the following in lieu thereof:

42. Study Assistance

B. Delete the words "50. Copies of the Award" and "51. Parties to the Award" and insert the following in lieu thereof:

50. Access to Information and Resources

51. Copies of the Award

52. Parties to the Award

2. Clause 8. – Contract of Service:  Delete paragraph (b) of subclause (3) of this clause and insert the following in lieu thereof:

(b) The provisions of subclause (2) of this clause shall also apply in respect to part-time employees.

3. Clause 10. – Part-Time Employment:  Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) An employee who is employed on a part-time basis shall be paid the appropriate hourly rate based on the actual number of rostered hours worked.  These rates are contained within Schedule A – Salaries and do not include the 25% loading allowance as per Clause 14. – Salaries of this Award at subclauses (3) and (4).

4. Clause 11. – Fixed-Term Contract Employees:  Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) The Authority may employ employees for a fixed-term subject to subclause (4) of this clause.

5. Clause 12. – Casual Employment:  Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) The conditions of employment, leave and allowances provided under this Award, with the exception of bereavement and carer's leave, shall not apply to a casual employee.  The hours worked by a casual employee shall be paid as per Schedule A – Salaries of this Award.  The rates include a 20% casual loading but do not include the 25% loading allowance as per Clause 14. – Salaries of this Award at subclauses (3) and (4).  However, where expenses are directly and necessarily incurred by a casual employee in the ordinary performance of their duties, he/she shall be entitled to reimbursement in accordance with the provisions of this Award.

6. Clause 14. – Salaries:

A. Delete sub-paragraph (iv) of paragraph (c) of subclause (2) of this clause and insert the following in lieu thereof:

(2) (c) (iv) Should the college regain the higher grading after two (2) years the College Manager and Senior Supervisor(s) shall be reinstated to the equivalent incremental point at which their salary was pegged and either the provisions of sub-paragraphs (ii), (iii) or (v) of paragraph (c) of subclause (2) of this clause shall apply.

B. Delete sub-paragraph (v) of paragraph (c) of subclause (2) of this clause and insert the following in lieu thereof:

(v) Should the college retain the higher grading the College Manager and Senior Supervisor(s) shall continue to receive the salary increments applicable to the grading/classification.

(vi) For the purposes of this clause:

"On Call" means a period of time when an employee is required to remain on-site and be immediately contactable in readiness to deal with situations of an essential nature.

"Essential Nature" means circumstances urgent in nature and may mean attending to ill residents, emergency situations and accidents.

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

(d) annual base salary add 25% loading allowance = total annual salary.

7. Clause 19. – District Allowance:

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

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

B. Insert the following new subclause (13) after subclause (12) of this clause:

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

C. Renumber existing subclause (13) of this clause to subclause (14).

D. Renumber existing subclause (14) of this clause to subclause (15).

8. Clause 20. – Disturbance Allowance:  Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Where an employee is transferred and incurs expenses in the areas referred to in subclause (2) of this clause as a result of that transfer, then the employee shall be granted a disturbance allowance and shall be reimbursed by the Authority the actual expenditure incurred upon production of receipts or such other evidence as may be required.

9. Clause 22. – Motor Vehicle Allowance:  Delete subclauses (2) and (3) of this clause and insert the following in lieu thereof:

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

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

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

(ii) where an employee in the course of a journey travels through two (2) or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in Part 1 of Schedule C – Motor Vehicle Allowance of this Award;

(iii) where an employee does not travel in excess of 4,000 kilometres in a year an allowance calculated by multiplying the appropriate rate per kilometre by the difference between the actual distance travelled and 4,000 kilometres shall be paid to the employee provided that where the employee has less than 12 months' qualifying service in the year then the 4,000 kilometre distance will be reduced on a pro rata basis and the allowance calculated accordingly;

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

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

(vi) the Authority may elect to waive the requirement that an employee supply and maintain a motor vehicle for use on official business, but three (3) months' written notice of the intention so to do shall be given to the employee concerned.

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

(b) For the purposes of paragraph (a) of this subclause an employee shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part 1 of Schedule C – Motor Vehicle Allowance of this Award for the distance travelled from the employee's residence to place of duty and the return distance travelled from the place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day.

(c) Where an employee in the course of a journey travels through two (2) or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in Part 1 of Schedule C – Motor Vehicle Allowance of this Award.

(d) For the purpose of this subclause the allowance prescribed in sub‑paragraphs (iii) and (iv) of paragraph (b) of subclause (2) of this clause shall not apply.

10. Clause 23. – Relieving Allowance:  Delete subclause (3) of this clause and insert the following in lieu thereof:

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

(a) An employee who is required to supply and maintain a motor vehicle as a term of employment for the period of relieving or special duties shall be reimbursed the appropriate rate prescribed by subclause (2) of Clause 22. – Motor Vehicle Allowance of this Award for the distance necessarily travelled.

(b) Where the employee will not be required to maintain a motor vehicle for the performance of the relieving or special duties reimbursement shall be on the basis of one half of the appropriate rate prescribed by subclause (4) of Clause 22. – Motor Vehicle Allowance of this Award.  Provided that the maximum amount of reimbursement shall not exceed the cost of the fare by public conveyance which otherwise would be utilised for such return journey.

11. Clause 24. – Removal Allowance:  Delete the entire clause and insert the following in lieu thereof:

24. – 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 Authority in special cases.

(c) An allowance of $532.00 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 Authority is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,188.

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $181.00.

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 Authority 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 Authority 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 (2) of Clause 22. - Motor Vehicle Allowance of this 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 (3) of Clause 22. - Motor Vehicle Allowance of this Award.

(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 2.0 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 Authority, 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 Authority.

(5) The Authority may, in lieu of conveyance, authorise payment to compensate for any loss in any case where an employee, with prior approval of the Authority, 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 $989.00 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 Authority.

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

(8) New appointees to the Authority shall be entitled to receive the benefits of this clause if they are required by the Authority 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) The Authority 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 Authority 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 subclause (9) of this clause, "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 Authority obtaining a replacement employee. 

12. Clause 28. – Annual Leave:

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

(1) Each employee is entitled to four (4) weeks annual leave for each year of service.  Employees shall be paid the 25% loading allowance provided for in Clause 14. - Salaries of this Award at subclauses (3) and (4), while on annual leave.

B. 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 paragraph (a) of this subclause. 

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

(8) (a) Subject to paragraph (b) of this subclause a loading of 17.5% of normal salary is payable to employees proceeding on annual leave, including accumulated annual leave.  As set out in sub-paragraph (i) of paragraph (f) of this subclause, this loading is payable in addition to the 25% loading as set out in subclause (3) of Clause 14. – Salaries of this Award.

(b) The loading is paid on a period of four (4) weeks per year.  Payment of the loading is not made on additional leave granted to employees including Between Term Leave provided for in Clause 29. – Between Term Leave of this Award.

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

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

(e) A pro rata loading is payable on periods of approved annual leave less than four (4) weeks.

(f) The 17.5% loading is calculated on the rate of salary the employee receives at the commencement of leave under Schedule A – Salaries, of this Award, and where applicable, the salary shall include the following:

(i) 25% loading allowance as detailed in subclauses (3) and (4) of Clause 14. – Salaries, of this Award;

(ii) District Allowance; and

(iii) Higher Duties Allowance, but only where the specific conditions of Clause 21. - Higher Duties Allowance of this Award are satisfied.

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

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

13. Clause 30. - Long Service Leave:  Delete subclause (9) of this clause and insert the following in lieu thereof:

(9) For the purposes of subclause (8) of this clause, the calculation of the amount due for long service leave accrued and for pro rata long service leave shall be made at the rate of salary of an employee at the date of retirement or resignation or death, whichever applies.  Lump sum payments shall include the 25% loading allowance as provided for in Clause 14. – Salaries of this Award at subclauses (3) and (4).  The 25% loading allowance shall be paid to employees while on long service leave.

14. Clause 35. - Bereavement Leave:

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

(1) Employees including casuals shall on the death of:

(a) the spouse or de facto partner of the employee;

(b) the child, step-child or grandchild of the employee;

(c) the parent, step-parent or grandparent of the employee;

(d) the brother, sister, step brother or step sister; or

(e) any other person who, immediately before that person's death, lived with the employee as a member of the employee's family.

be eligible for up to two (2) days paid bereavement leave, provided that at the request of an employee the Authority may exercise discretion to grant bereavement leave to an employee in respect of some other person with whom the employee has a special relationship.

B. Insert the following new provisions after subclause (5) of this clause:

(6) Travelling time for Regional Employees

(a) Subject to prior approval from the Authority, 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 Authority will not unreasonably withhold approval.

(b) The Authority may approve additional paid travel time within Western Australia where the employee can demonstrate to the satisfaction of the Authority that more than two days travel time is warranted.

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

(d) The provisions of paragraphs (a) and (b) of subclause (6) of this clause 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.

15. Clause 38. – Emergency Service Leave:  Delete subclause (5) of this clause and insert the following in lieu thereof:

(5) An employee, who during the course of an emergency, volunteers their services to an emergency organisation, shall comply with subclauses (2), (3) and (4) of this clause.

16. Clause 40. – Defence Force Reserves Leave:  Delete subclauses (1) to (4) inclusive of this clause and insert the following in lieu thereof:

(1) The Authority must grant leave of absence for the purpose of Defence service to an employee who is a volunteer member of the Defence Force Reserves or the Cadet Force.  Defence service means service, including training, in a part of the Reserves or Cadet Force.

(2) Leave of absence may be paid or unpaid in accordance with the provisions of this clause.

(3) Application for leave of absence for Defence service shall, in all cases, be accompanied by evidence of the necessity for attendance.  At the expiration of the leave of absence granted, the employee shall provide a certificate of attendance to the Authority.

(4) Paid Leave

(a) An employee who is a volunteer member of the Defence Force Reserves or the Cadet Force is entitled to paid leave of absence for Defence service, subject to the conditions set out hereunder.

(b) Part-time employees shall receive the same paid leave entitlement as full-time employees, but payment shall only be made for those hours that would normally have been worked but for the leave.

(c) On written application, an employee shall be paid salary in advance when proceeding on such leave.

(d) Casual employees are not entitled to paid leave for the purpose of Defence service.

(e) An employee is entitled to paid leave for a period not exceeding 105 hours on full pay in any period of twelve months commencing on 1 July in each year.

(f) An employee is entitled to a further period of leave, not exceeding 16 calendar days, in any period of twelve months commencing on July 1.  Pay for this leave shall be at the rate of the difference between the normal remuneration of the employee and the Defence Force payments to which the employee is entitled if such payments do not exceed normal salary.  In calculating the pay differential, pay for Saturdays, Sundays, Public Holidays and rostered days off is to be excluded, and no account is to be taken of the value of any board or lodging provided for the employee.

17. Clause 42. – Study Leave:  Delete the entire clause and insert the following in lieu thereof:

42. – STUDY ASSISTANCE

(1) (a) To ensure the maintenance of a trained public sector the Authority 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 the Authority.  Further study assistance towards additional qualifications may, however, be granted in special cases, at the discretion of the Authority.

(2) Study Leave

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

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

(i) agency 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 agency; and

(vi) the Authority's discretion when the course is only relevant to the employee's career in the service and being of value to the State.

(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 employees.

(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 paragraph (d) of subclause (2) of this clause.

(f) Where an employee is undertaking approved study via distance education and/or is not required to attend formal classes, the Authority may allow the employee to access study leave up to the maximum annual amount allowed in paragraph (d) of subclause (2) 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) 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 employee's normal place of work.

(l) An employee shall not be granted more than 5 hours time off with pay per week except in exceptional circumstances where the Authority 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 40. – Defence Force Reserves Leave of this Award.

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

(3) Financial Assistance

(a) The Authority may reimburse an employee 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 Authority and employee 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.  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 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 paragraph (a) of subclause (5) 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 sub-paragraph (iii) of paragraph (a) of subclause (5) of this clause or a degree or diploma course specified in sub-paragraphs (i) or (ii) of paragraph (a) of subclause (5) of this clause.

(6) Full Time Study

(a) Subject to the provisions of paragraph (b) of subclause (6) of this clause, the Authority 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 39. - Leave without Pay of this Award.

(ii) It must be a highly specialised course with direct relevance to the employee'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 employees employed within the agency.

(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 Authority, 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 Authority. 

(e) The Authority 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 the Authority approves full time study leave with pay the actual salary contribution forms part of the agency's approved average staffing level funding allocation.  The Authority should bear this in mind if considering temporary relief. 

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

(i) 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 Authority together with some local transit and accommodation expenses providing it meets the requirements of paragraph (b) of subclause (6) of this clause.  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 employees under the award.

18. Clause 43. – Witness and Jury Service:  Delete paragraph (c) of subclause (2) of this clause and insert the following in lieu thereof:

(c) An employee granted leave of absence on full pay as prescribed in paragraph (b) of subclause (2) of this clause is not entitled to retain any juror's fees but shall pay all fees received into Consolidated Fund.  The receipt for such payment shall be forwarded with a voucher showing the amount of juror's fees received to the Director.

19. Clause 50. – Copies of the Award:  Delete the entire clause and insert the following in lieu thereof:

50. – 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 Authority 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 Authority utilises information technology as the means of communicating to employees, the Authority 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.

20. Clause 51. – Parties to the Award:  Delete the entire clause and insert the following in lieu thereof:

51.  – COPIES OF THE AWARD

The employee shall be entitled to have access to a copy of the Award.  The Authority shall make sufficient copies available for this purpose.

21. Clause 52. – Parties to the Award:  Immediately following Clause 51. – Copies of the Award insert a new clause as per the following:

52.  – PARTIES TO THE AWARD

Country High School Hostels Authority

and

The Civil Service Association of Western Australia Incorporated.

22. Wherever the word "employer" or "department" appears as referring specifically to the Authority, replace with "Authority".  Similarly, for example "an agency" or "any agency" becomes "the Authority" as appropriate.

23. Wherever the word "officer" appears as referring specifically to an employee, replace with "employee".