The Civil Service Association of Western Australia Incorporated -v- Commissioner, Department of Corrective Services, Director General, Department for Child Protection
Document Type: Order
Matter Number: P 35/2010
Matter Description: Juvenile Custodial Officers' Award
Industry: Government Administration
Jurisdiction: Public Service Arbitrator
Member/Magistrate name: Acting Senior Commissioner P E Scott
Delivery Date: 20 Oct 2010
Result: Award varied
Citation: 2010 WAIRC 01052
WAIG Reference: 90 WAIG 1743
JUVENILE CUSTODIAL OFFICERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
APPLICANT
-V-
COMMISSIONER, DEPARTMENT OF CORRECTIVE SERVICES AND ANOTHER
RESPONDENTS
CORAM PUBLIC SERVICE ARBITRATOR
ACTING SENIOR COMMISSIONER P E SCOTT
DATE WEDNESDAY, 20 OCTOBER 2010
FILE NO/S P 35 OF 2010
CITATION NO. 2010 WAIRC 01052
Result Award varied
Representation
APPLICANT MR M SIMS
RESPONDENTS MR J CHAPMAN AND WITH HIM MS C HOLMES
Order
HAVING heard Mr M Sims on behalf of The Civil Service Association of Western Australia Incorporated and Mr J Chapman and with him Ms C Holmes as agent for the respondents, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:
THAT the Juvenile Custodial Officers’ Award 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 24th day of September 2010.
ACTING SENIOR COMMISSIONER P E SCOTT
PUBLIC SERVICE ARBITRATOR
SCHEDULE
1. Clause 5.4. – Motor Vehicle Allowance: Delete subclause 5.4.5 of this clause and insert the following in lieu thereof:
5.4.5 Allowance for towing the employer’s caravan or trailer.
In case where employees are required to tow the employer’s caravans on official business, the additional rate shall be 7.5 cents per kilometre. When the employer’s trailers are towed on official business the additional rate shall be 4.0 cents per kilometre.
2. Clause 5.7. – Relieving Allowance: Delete subclause 5.7.4 of this clause and insert the following in lieu thereof:
5.7.4 If an employee whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the employee shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $180.00 to cover incidental personal expenses: Provided that an employee shall receive no more than one lump sum of $180.00 in any one period of three years.
3. Clause 5.8. – Removal Allowance:
A. Delete paragraph (3) of subclause 5.8.1 of this clause and insert the following in lieu thereof:
(3) An allowance of $556.00 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 $3,334.00.
B. Delete paragraph (4) of subclause 5.8.1 of this clause and insert the following in lieu thereof:
(4) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $180.00.
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.
C. Delete subclause 5.8.6 of this clause and insert the following in lieu thereof:
5.8.6 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 $1,034.00 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.
4. Schedule E Clause 3.2 Overtime: Delete Part II – Meals of this schedule and insert the following in lieu thereof:
PART II – MEALS
(Operative from the first pay period commencing on or from 24th September 2010)
Breakfast $ 10.15 per meal
Lunch $ 12.45 per meal
Evening Meal $ 14.95 per meal
Supper $ 10.15 per meal
JUVENILE CUSTODIAL OFFICERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Civil Service Association of Western Australia Incorporated
APPLICANT
-v-
Commissioner, Department of Corrective Services and another
RESPONDENTS
CORAM PUBLIC SERVICE ARBITRATOR
Acting Senior Commissioner P E Scott
DATE WEDNEsday, 20 OCTOBER 2010
FILE NO/S P 35 OF 2010
CITATION NO. 2010 WAIRC 01052
Result Award varied
Representation
Applicant Mr M Sims
Respondents Mr J Chapman and with him Ms C Holmes
Order
HAVING heard Mr M Sims on behalf of The Civil Service Association of Western Australia Incorporated and Mr J Chapman and with him Ms C Holmes as agent for the respondents, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:
THAT the Juvenile Custodial Officers’ Award 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 24th day of September 2010.
Acting Senior Commissioner P E Scott
PUBLIC SERVICE ARBITRATOR
SCHEDULE
1. Clause 5.4. – Motor Vehicle Allowance: Delete subclause 5.4.5 of this clause and insert the following in lieu thereof:
5.4.5 Allowance for towing the employer’s caravan or trailer.
In case where employees are required to tow the employer’s caravans on official business, the additional rate shall be 7.5 cents per kilometre. When the employer’s trailers are towed on official business the additional rate shall be 4.0 cents per kilometre.
2. Clause 5.7. – Relieving Allowance: Delete subclause 5.7.4 of this clause and insert the following in lieu thereof:
5.7.4 If an employee whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the employee shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $180.00 to cover incidental personal expenses: Provided that an employee shall receive no more than one lump sum of $180.00 in any one period of three years.
3. Clause 5.8. – Removal Allowance:
A. Delete paragraph (3) of subclause 5.8.1 of this clause and insert the following in lieu thereof:
(3) An allowance of $556.00 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 $3,334.00.
B. Delete paragraph (4) of subclause 5.8.1 of this clause and insert the following in lieu thereof:
(4) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $180.00.
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.
C. Delete subclause 5.8.6 of this clause and insert the following in lieu thereof:
5.8.6 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 $1,034.00 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.
4. Schedule E Clause 3.2 Overtime: Delete Part II – Meals of this schedule and insert the following in lieu thereof:
PART II – MEALS
(Operative from the first pay period commencing on or from 24th September 2010)
Breakfast $ 10.15 per meal
Lunch $ 12.45 per meal
Evening Meal $ 14.95 per meal
Supper $ 10.15 per meal