2009 WAIRC 01219
PRISON OFFICERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES WESTERN AUSTRALIAN PRISON OFFICERS' UNION OF WORKERS
APPLICANT
-V-
THE MINISTER FOR CORRECTIVE SERVICES
RESPONDENT
CORAM CHIEF COMMISSIONER A R BEECH
DATE FRIDAY, 20 NOVEMBER 2009
FILE NO/S APPL 53 OF 2009
CITATION NO. 2009 WAIRC 01219

Result Award varied


Order

HAVING heard by correspondence from both Mr J Walker on behalf of the Western Australian Prison Officers’ Union of Workers and Mr P. Budd on behalf of The Minister for Corrective Services, the Commission, pursuant to the powers conferred on it under s 40 of the Industrial Relations Act 1979, hereby orders -

THAT the Prison Officers’ Award be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 20th day of November 2009.

CHIEF COMMISSIONER A R BEECH



SCHEDULE

1. Clause 52. – Motor Vehicle Allowance: Delete subclause 52.5 of this clause and insert the following in lieu thereof:

52.5 Allowance for towing Departmental caravan or trailer

In cases where Officers are required to tow Departmental caravans on official business, the additional rate shall be 7.0 cents per kilometre. When Departmental trailers are towed on official business the additional rate shall be 4.0 cents per kilometre.


2. Clause 54. – Removal Allowance: Delete this clause and insert the following in lieu thereof:

54. - REMOVAL ALLOWANCE

54.1 When an Officer 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 Officer has no control, the Officer shall be reimbursed:

(1) The actual reasonable cost of conveyance of the Officer and dependants.

(2) The actual cost (including insurance) of the conveyance of an Officer’s household furniture effects and appliances up to a maximum volume of 45 cubic metres provided that a larger volume may be approved by the Commissioner in special cases.

(3) An allowance of $546.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an Officer is required to transport their furniture, effects and appliances provided that the Commissioner is satisfied that the value of household furniture, effects and appliances moved by the Officer is at least $3,273.00.

(4) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $171.00.

Pets are defined as dogs, cats, birds or other domestic animals kept by the Officer’s or the Officer’s dependants for the purpose of household enjoyment.

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

54.2 An Officer 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.

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

(1) Where the Officer will be required to maintain a motor vehicle for use on official business at the new headquarters, reimbursement for the distance necessarily travelled shall be on the basis of the appropriate rate prescribed by subclause 52.2 of Clause 52 - Motor Vehicle Allowance of this Award.

(2) Where the Officer will not be required to maintain a motor vehicle for use on official business at the new headquarters reimbursement for the distance necessarily travelled shall be on the basis of one half (½) of the appropriate rate prescribed by subclause 52.4 of Clause 52 - Motor Vehicle Allowance of this Award.

(3) Where an Officer 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.

(4) 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 Officer may be required to show evidence of ownership of the trailer, boat or caravan to be transported.

(5) If the Officer 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.

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

54.5 The Commissioner may, in lieu of conveyance, authorise payment to compensate for any loss in any case where an Officer, with prior approval of the Commissioner, 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 Officer’s household furniture effects and appliances had been removed by the cheapest method of transport available and the volume was 45 cubic metres.

54.6 Where an Officer is transferred to Government owned or private rental accommodation, where furniture is provided, and as a consequence the Officer is obliged to store furniture, the Officer shall be reimbursed the actual cost of such storage up to a maximum allowance of $1015.00 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 Commissioner.

54.7 Receipts must be produced for all sums claimed.

54.8 New appointees to the Corrective Services 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 Officers who have completed their training and who incur costs when moving to their first posting.


3. Clause 60. – Special Provisions: Delete this clause and insert the following in lieu thereof:

60. - SPECIAL PROVISIONS

60.1 Where an Officer occupies quarters provided by the Minister, the Minister shall pay the water rates for such quarters. Where the quarters are in an area served by the Country Areas Water Supply Act, 1947 the Minister shall pay for a reasonable quantity of water. Officers stationed and residing in their own accommodation north of the 26 degree south parallel, shall have paid by the Minister a reasonable quantity of water.

60.2 An Officer who prior to 28 June 1990 was qualified as prescribed in the Prisons Regulations for promotion to the classification of Senior Prison Officer or Chief Officer and who has not been appointed to such position, shall be paid $7.50 per week and $11.00 per week respectively. Officers who qualify after 28 June 1990 shall not be entitled to these allowances.

60.3 Officers other than Prison Officers (Vocational and Support) whose duties may include driving vehicles, engaged in driving duties for more than two hours per shift, shall be paid an allowance of $4.86 for each shift so worked.

60.4 An Officer who is delegated to be Officer in Charge of a shift shall receive $21.40 for each shift so worked. This subclause shall also apply to Officers in Charge of a shift at the Special Operations Unit.

60.5 (1) Officers employed at Pardelup Prison Farm and Karnet Prison who do not live in quarters, shall be paid a travelling allowance of $5.23 and $4.39 respectively for each shift worked.

(2) Officers employed at Wooroloo Prison who do not live in quarters and reside 16 kilometres or more away from the Institution, shall be paid a travelling allowance of $4.39 per shift.

(3) Officers who were stationed at Geraldton Regional Prison on 3 May 1984 and who by reason of the relocation of the facilities thereat to the Greenough Regional Prison and who do not live in quarters, shall be paid $4.39 per shift.

60.7 An Officer who is in charge of and required to use explosives, shall be paid $4.68 for each shift so worked.

60.8 Officers appointed to a Prison Officer (Vocational and Support) position who have completed 12 months or more service since the end of their probationary period shall be paid the Prison Officer (Vocational and Support) rate which is equal to, if no comparative rate exists, the next higher rate from the date of appointment to that Prison Officer (Vocational and Support) position. Where the Officer’s rate exceeds the “thereafter rate” for the Prison Officer (Vocational and Support) position the Officer shall be paid the “thereafter rate” from the date of taking up duty in that Prison Officer (Vocational and Support) position.


4. Schedule D – District Allowance: Delete this schedule and insert the following in lieu thereof:

SCHEDULE D - DISTRICT ALLOWANCE

(a) Officers Without Dependants (subclause 50.3(1) of this Award):

COLUMN I
COLUMN II
COLUMN III
COLUMN IV
DISTRICT NO
STANDARD RATE
$ p.a.
EXCEPTIONS TO STANDARD RATE TOWN OR PLACE
RATE
$ p.a.




6
4,570
Nil
Nil




5
3,285
Fitzroy Crossing
6,743


Halls Creek
4,854


Nullagine
5,022


Marble Bar
5,799


Karratha
3,868


Port Hedland
3,599




4
2,822
Warburton Mission
4,688


Carnarvon
1,677


Denham
2,609


Eucla
4,353




3
2,667
Meekatharra
2,202


Leonora
3,086




2
2,452
Kalgoorlie/Boulder
1,100


Ravensthorpe
2,499


Esperance
1,354




1
Nil
Jerramungup
2,452

(b) Officers with dependants (subclause 50.3(2) of this Award):

Double the appropriate rate as prescribed in (a) above for Officers without dependants.

The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after July 1, 2008.


5. Schedule F – Motor Vehicle Allowance: Delete this schedule and insert the following in lieu thereof:

SCHEDULE F - MOTOR VEHICLE ALLOWANCE

NOTE: This applies to Officers required to supply and maintain a motor vehicle for use when travelling on approved official business. (Clause 52.2 of this Award).

As from the first pay period commencing on or after 15 July 2008.

Area Details
Rate (cents) per kilometre
Engine Displacement (in cubic centimetres)

Over 2600cc
Over 1600cc
to 2600cc
1600cc
and under
Metropolitan Area







First 4000 kilometres
185.5
127.4
101.0
Over 4000 up to 8000 kms
80.7
58.8
48.9
Over 8000 up to 16000 kms
45.8
35.9
31.5
Over 16000 kms
50.6
38.1
32.4




South West Land Division







First 4000 kilometres
187.4
128.6
102.2
Over 4000 up to 8000 kms
82.2
59.6
49.7
Over 8000 up to 16000 kms
47.1
36.6
32.2
Over 16000 kms
51.9
38.7
33.0




North of 23.5° South Latitude







First 4000 kilometres
203.9
139.4
110.7
Over 4000 up to 8000 kms
89.1
64.3
53.5
Over 8000 up to 16000 kms
50.8
39.3
34.4
Over 16000 kilometres
53.9
40.4
34.5




Rest of State







First 4000 kilometres
194.7
133.1
105.3
Over 4000 up to 8000 kms
85.2
61.6
51.1
Over 8000 up to 16000 kms
48.7
37.7
33.1
Over 16000 kilometres
52.7
39.4
33.6


6. Schedule G – Motor Vehicle Allowance: Delete this schedule and insert the following in lieu thereof:

SCHEDULE G - MOTOR VEHICLE ALLOWANCE

NOTE: This applies to Officers who agree to use their own motor vehicle for travel on approved official business. (Clause 52.4 of this Award).

As from the first pay period commencing on or after 15 July 2008

Area Details
Rate (cents) per kilometre Engine Displacement (in cubic centimetres)

Over 2600cc
Over 1600cc to 2600cc
1600cc and under




Metropolitan Area
89.5
64.5
53.2




South West Land Division
91.0
65.4
54.0




North of 23.5° South Latitude
98.6
70.6
58.3




Rest of the State
94.3
67.5
55.6


7. Schedule H – Motor Cycle Allowance: Delete this schedule and insert the following in lieu thereof:

SCHEDULE H - MOTOR CYCLE ALLOWANCE

NOTE: This applies to Officers who agree to use their own motor cycle for travel on approved official business. (Clause 52.4 of this Award).

As from the first pay period commencing on or after 15 July 2008

Distance travelled during a year on Official Business
Rate
Cents per Kilometre


Rate per kilometre
31.0


8. Schedule I – Travelling, Transfer and Relieving Allowance: Delete this schedule and insert the following in lieu thereof:

SCHEDULE I - TRAVELLING, TRANSFER AND RELIEVING ALLOWANCE



COLUMN A
COLUMN B
COLUMN C
ITEM
PARTICULARS
DAILY RATE
DAILY RATE OFFICERS WITH DEPENDENTS: RELIEVING ALLOWANCE FOR PERIOD IN EXCESS OF 42 DAYS (CLAUSE 53.2(2) of this Award, TRANSFER ALLOWANCE FOR PERIOD IN EXCESS OF PRESCRIBED PERIOD (CLAUSE 55.3 of this Award)
DAILY RATE OFFICERS WITHOUT DEPENDENTS RELIEVING ALLOWANCE FOR PERIOD IN EXCESS OF 42 DAYS (CLAUSE 53.2(2) of this Award)


ALLOWANCE TO MEET INCIDENTAL EXPENSES


$


(1)
WA - South of 26° South Latitude
13.60


(2)
WA - North of 26° South Latitude
20.45


(3)
Interstate
20.45



ACCOMMODATION INVOLVING AN OVERNIGHT STAY IN A HOTEL OR MOTEL


$
$
$
(4)
WA - Metropolitan Hotel or Motel
285.60
142.80
95.20
(5)
Locality South of 26° South Latitude
195.25
97.65
65.10
(6)
Locality North of 26° South Latitude:




Broome
396.95
198.50
132.30

Carnarvon
246.30
123.15
82.10

Dampier
325.70
162.85
108.55

Derby
302.70
151.35
100.90

Exmouth
284.45
142.25
94.80

Fitzroy Crossing
358.95
179.50
119.65

Gascoyne Junction
211.45
105.75
70.50

Halls Creek
199.45
99.75
66.50

Karratha
502.95
251.50
167.65

Kununurra
310.30
155.15
103.45

Marble Bar
268.45
134.25
89.50

Newman
299.45
149.75
99.80

Onslow
267.45
133.70
89.15

Pannawonica
286.35
143.15
95.45

Paraburdoo
260.80
130.40
86.95

Port Hedland
344.90
172.45
114.95

Roebourne
230.35
115.15
76.80

Shark Bay
186.45
93.25
62.15

Tom Price
297.95
149.00
99.30

Turkey Creek
199.45
99.75
66.50

Wickham
417.95
209.00
139.30

Wyndham
250.45
125.25
83.50
(7)
Interstate - Capital City



Sydney
288.60
144.30
96.20

Melbourne
278.95
139.45
92.95

Other Capitals
251.50
125.75
83.75
(8)
Interstate – Other than Capital City
195.25
97.65
65.10

ACCOMMODATION INVOLVING AN OVERNIGHT STAY AT OTHER THAN A HOTEL OR MOTEL

(9)
WA - South of 26° South Latitude
88.60


(10)
WA - North of 26° South Latitude
121.85


(11)
Interstate
121.85



TRAVEL NOT INVOLVING AN OVERNIGHT STAY OR TRAVEL INVOLVING AN OVERNIGHT STAY WHERE ACCOMMODATION ONLY IS PROVIDED.

(12)
WA - South of 26° South Latitude:



Breakfast
16.10



Lunch
16.10



Dinner
42.75


(13)
WA - North of 26° South Latitude:



Breakfast
19.90



Lunch
31.80



Dinner
49.75


(14)
Interstate:




Breakfast
19.90



Lunch
31.80



Dinner
49.75



DEDUCTION FOR NORMAL LIVING EXPENSES (CLAUSE 55.5(1))

(15)
Each Adult
25.95


(16)
Each Child
4.45



MIDDAY MEAL (CLAUSE 56.11)



(17)
Rate per meal
6.30


(18)
Maximum reimbursement per pay period
31.50



The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after 17th June 2009.