GOVERNMENT OFFICERS (SOCIAL TRAINERS) AWARD 1988

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Director General, Disability Services Commission, The Civil Service Association of Western Australia Incorporated

APPLICANTS

-v-

(Not applicable)

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Commissioner P E Scott

DATE wednesday, 29 July 2009

FILE NO/S P 12 OF 2009

CITATION NO. 2009 WAIRC 00508

Result Award varied

Order

HAVING heard Ms L Wiese on behalf of the Director General, Disability Services Commission and Ms K Worlock on behalf of The Civil Service Association of Western Australia Incorporated and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Government Officers (Social Trainers) Award 1988, No. PSAA 20 of 1985 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 23rd day of July 2009.

Commissioner P E Scott

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 2. – Arrangement: 

 A. Delete “29.  Study Leave” and insert the following in lieu thereof:

29. Study Assistance

 B. Delete “55.  Dispute Settlement Procedures” and “56.  Expired General Agreement Salaries” and insert the following in lieu thereof:

55. Access to Information and Resources

56. Dispute Settlement Procedures

57. Expired General Agreement Salaries

2. Clause 6. – Definitions:  Immediately following the definition beginning “Employer” and before the definition beginning “Metropolitan Area” insert a new definition as per the following:

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

3. Clause 17. – Hours:  Delete subclause 2(f) and 2(g) of this clause and insert the following in lieu thereof:

(f) Employees on day study leave will be recorded as 7 hours and 36 minutes worked.

(g) Employees on block study leave will be recorded as a 38 hour week worked.

4. Clause 18. – Shift Work: 

A. Delete subclauses (2)(a)and (b) of this clause and insert the following in lieu thereof:

(2) Shift Work Allowance

(a) (i) An employee 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 subclause 18(2)(a)(i).

(iii) For the purposes of subclause 18(2)(a), “annual salary” is the current ordinary rate of salary payable for the position as prescribed in Schedule A. – Salaries.

(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 subclause 18(2)(a):

(i) Saturdays – time and one-half;

(ii) Sundays – time and three quarters; and

(iii)              Public holidays – double time and one half

Provided that in lieu of the provisions of subclause 18(2)(b)(iii) and subject to agreement between the employer and the employee, work performed during ordinary rostered hours on a public holiday shall be paid for at the rate of time and one-half and the employee 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 of one year.

B. Immediately following subclause (2)(b) of this clause insert a new subclause as per the following:

(c) Weekend Penalty Rates for Casual Employees

(i) Notwithstanding the provisions of subclause 10 (2) – 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:

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

(bb) Sundays – time and three quarters

(ii) These rates are paid in addition to but not compounded on the casual loading provided for in subclause 10 (2) – Casual Employment.

C. Renumber subclauses (c), (d), (e), (f) and (g) of this clause as (d), (e), (f), (g) and (h) respectively.

5. Clause 22. – Annual Leave:

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

(3) Pro Rata Annual Leave

(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 0.416 hours of paid annual leave provided the maximum accrual will not exceed 152 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 subclause 22(3)(a)(i).

B. Delete subclauses (10)(a)(iv) and (10)(a)(v) of this clause and insert the following in lieu thereof:

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

(v) Part-time employees are entitled to travel concessions on a pro-rata basis according to the usual number of hours worked per week.

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

(vi) Where employees are entitled to a travel concession under subclause 22(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.

6. Clause 29. - Study Leave:  Delete the clause title and the entire clause and insert the following in lieu thereof:

CLAUSE 29.  – STUDY ASSISTANCE

(1) (a) To ensure the maintenance of a trained public sector an 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) 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 29(5);

(v) the course being of value to the agency; 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 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 subclause 29(2)(d).

(f) Where an employee is undertaking approved study via distance education and/or is not required to attend formal classes, an employer may allow the employee to access study leave up to the maximum annual amount allowed in subclause 29(2)(d).

(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 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 38 – Defence Force Reserves Leave.

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

(3) Financial Assistance

(a) An employer 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 employer 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 29(2) and (3), 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 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 subclause 29(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 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 29(5)(a)(iii) or a degree or diploma course specified in subclauses 29(5)(a)(i) or (ii).

(6) Full Time Study

(a) Subject to the provisions of subclause 29(6)(b), 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 29(2) and (5) and clause 28 - 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 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 an 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 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 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 29(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 employees under the award.

7. Clause 31. – 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:

the spouse or de-facto partner of the employee;

a child, step-child or grandchild of the employee;

a parent, step-parent or grandparent of the employee;

a sibling of the employee; or

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 employer may exercise a discretion to grant bereavement leave to an employee in respect of some other person with whom the officer has a special relationship.

B. Immediately following subclause (5) of this clause insert a new subclause as per the following:

(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 15.2 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 subclause 31(6) are not available to employees whilst on leave without pay or sick leave without pay.

(d) The provisions of subclauses 31(6)(a) and (b) apply as follows.

(i) An employee employed on a fixed term contract for a period of 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.

8. Clause 40. – District Allowance:

A. Immediately following subclause (4) of this clause insert a new subclause as per the following:

(5) Casual Employees

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

B. Renumber subclause (5) of this clause as subclause (6).

9. Clause 46. – Removal Allowance: Delete the entire clause and insert the following in lieu thereof:

(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 $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 employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,188.00.

(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 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 subclause 42(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 42(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 2.0 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 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 $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 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 subclause 46(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. 

10. Clause 55.  – Dispute Settlement Procedure:  Delete the clause title and the entire clause and insert the following in lieu thereof:

55.  - 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.

11. Clause 56 – Expired General Agreement Salaries:  Delete the clause title and the entire clause and insert the following in lieu thereof:

56.  – DISPUTE SETTLEMENT PROCEDURE

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

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

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

(4) If the dispute is still not resolved, it maybe referred by the employee/s or Association representative to the Employer or his/her nominee.

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

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

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

12. Immediately following clause 56 insert a new clause as per the following:

57.  - EXPIRED GENERAL AGREEMENT SALARIES

(1) No-Disadvantage Test

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

(b) Notwithstanding the above, if the salary rates within the Award at Schedule A are higher than those expressed at Schedule K, the former rates shall be utilised for the purposes of the no-disadvantage test under the Industrial Relations Act 1979.

(2) Salary Based Allowances

All salary based allowances specified within this Award will be calculated on the applicable salary rate as specified at Schedule K of this Award or the applicable Award salary rate as specified at Schedule A of this Award whichever is the higher.