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 15 JANUARY 2010

FILE NO/S APPL 33 OF 2009

CITATION NO. 2010 WAIRC 00008

Result Award varied

Order

HAVING heard from Mr J. Welch on behalf of the Applicant, Mr P. Budd on behalf of the Respondent and Mr R. Andretich (of counsel) intervening on behalf of the Hon. Minister for Commerce, 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 15th day of January 2010.

Chief Commissioner A R Beech

SCHEDULE

1. Clause 13 – Out of Hours Work. Delete subclause 13.1 of this clause and insert the following in lieu thereof:

13.1 For the purposes of this Clause, the following terms shall have the following meanings:

"Out of hours work" means all work performed at the direction of the Superintendent or a duly authorised Officer outside the Officer’s rostered hours of duty.

"Major Emergency Duty" shall be duty outside the Officer’s rostered hours of duty on a major emergency as determined by the Minister or the Commissioner or Deputy Commissioner Adult Custodial.

“Peak Muster” means circumstances where:

(a) The prison population in any Prison exceeds by 5% or more the prisoner population level agreed between the Union and the Department for a period of 3 calendar days, and

(b) The level of actual staffing available to work (by having regard to absences for secondments, workers compensation, sickness, and all other leave categories) for the relevant Prison is 5% or more below the agreed establishment level of staff as agreed between WAPOU and the Department  for a period of 3 calendar days.

2. Clause 13 – Out of Hours Work. Delete subclause 13.4 of this clause and insert the following in lieu thereof:

13.4 Payment for Excess Hours

(1) Payment for all out of hours work, other than that set out in subclause 13.4(2) of this subclause, will be calculated at the rate of time and a half the Officer’s annualised rate of pay for all excess time worked.

(2) Any Officer who is called in for Major Emergency Duty shall be paid at the rate of doubletime the Officer’s annualised rate of pay for all hours worked outside the Officer’s rostered hours of duty on that major emergency.

(3) (a) This provision shall apply from the beginning of the first pay period on or after 15 January 2010 and shall cease to apply upon the registration of an industrial agreement to replace the Department of Corrective Services Prison Officers’ Enterprise Agreement 2007 No. AG 58 of 2007.

(b) Any Officer, Canine Handler, Emergency Services Group Officer or Front Gate   employee who performs duty outside the Officer’s or employee’s rostered hours of duty in circumstances where a Peak Muster exists shall be paid an overtime incentive payment of $143 per 12 hour shift or $11.90 for hours other than 12 hour shifts, in addition to the payment for out of hours payable under clause 13.4(1) in respect of that duty.

(4) Subclause (3) of this clause shall apply to Canine Handlers, Emergency Services Group and Front Gate staff when one or more of the following Prisons has a Critical Muster:

Hakea Prison

Casuarina Prison

Bandyup Women’s Prison

(5) When the Critical Muster overtime incentive payments are triggered the overtime incentive payment contained in subclause 13.4(3) of this clause will continue to be paid until the end of the current roster period, or until the prison population and staffing levels fall outside the defined Critical Muster levels, whichever occurs last.