2010 WAIRC 01073
PUBLIC SERVICE AWARD 1992
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE DEPARTMENT OF AGRICULTURE AND OTHERS
APPLICANTS
-V-
THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
ACTING SENIOR COMMISSIONER P E SCOTT
DATE FRIDAY, 29 OCTOBER 2010
FILE NO/S P 18 OF 2010
CITATION NO. 2010 WAIRC 01073

Result Award varied


Order
HAVING heard Mr A Harper as agent for the applicants and Mr M Sims 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 Public Service Award 1992 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 20th day of October 2010.








ACTING SENIOR COMMISSIONER P E SCOTT
PUBLIC SERVICE ARBITRATOR



SCHEDULE

1. Clause 2. – Arrangement: Delete this clause and insert the following in lieu thereof:

2. - ARRANGEMENT

1. Title
1B. Minimum Adult Award Wage
2. Arrangement
3. Area of Operation
4. Scope
5. Term of Award
6. Definitions
7. Certificate of Service
8. Contract of Service
9. Part-Time Employment
10. Casual Employment
11. Salaries
12. Salaries Specified Callings
13. Purchased Leave - 44/52 Salary Arrangement
14. Purchased Leave - Deferred Salary Arrangement
15. Salary Packaging Arrangement
16. Supported Wage
17. Traineeships
18. Annual Increments
19. Higher Duties Allowance
20. Hours
21. Shift Work Allowance
22. Overtime Allowance
23. Annual Leave
24. Public Holidays
25. Long Service Leave
26. Sick Leave
27. Carers Leave
28. Parental Leave
29. Leave Without Pay
30. Study Assistance
31. Short Leave
32. Bereavement Leave
33. Cultural/Ceremonial Leave
34. Blood/Plasma Donors Leave
35. Emergency Service Leave
36. Union Facilities for Union Representatives
37. Leave to Attend Association Business
38. Trade Union Training Leave
39. Defence Force Reserves Leave
40. International Sporting Events Leave
41. Witness and Jury Service
42. Camping Allowance
43. District Allowance
44. Disturbance Allowance
45. Diving Allowance
46. Flying Allowance
47. Motor Vehicle Allowance
48. Property Allowance
49. Protective Clothing Allowance
50. Relieving Allowance
51. Removal Allowance
52. Sea Going Allowance
53. Transfer Allowance
54. Travelling Allowance
55. Weekend Absence From Residence
56. Preservation of Rights
57. Keeping of and Access to Employment Records
58. Notification of Change
59. Right of Entry and Inspection by Authorised Representatives
60. Copies of Award
61. Access to Information and Records
62. Establishment of Consultative Mechanisms
63. Special Conditions
64. Transition
65. Dispute Settlement Procedure
66. Expired General Agreement Salaries

Schedule A Salaries
Schedule B Salaries - Specified Callings
Schedule C Camping Allowance
Schedule D District Allowance
Schedule E Motor Vehicle Allowance
Schedule F Motor Vehicle Allowance
Schedule G Motor Cycle Allowance
Schedule H Overtime Allowance
Schedule I Travelling, Transfer and Relieving Allowance
Schedule J Shift Work Allowance
Schedule K Diving, Flying and Sea Going Allowance
Schedule L Named Parties
Schedule M Expired General Agreement Salaries


2. Clause 21. – Shift Work Allowance: Delete this clause and insert the following in lieu thereof:

21. - SHIFT WORK ALLOWANCE

(1) In this Clause the following expressions shall have the following meaning:

"Day shift" means a shift commencing after 6.00am and before 12.00 noon.

"Afternoon shift" means a shift commencing at or after 12.00 noon and before 6.00pm.

"Night shift" means a shift commencing at or after 6.00pm and before 6.01am.

"Public holiday" shall mean a holiday provided in Clause 24. - Public Holidays of this Award.

(2) (a) (i) An officer 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.

Annual Salary
x
12
x
1
X
15
1
313
10
100




(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 clause 21 (2) (a) (i).

(iii) For the purposes of clause 21 (2) (a), “annual salary” is the ordinary rate of salary payable for the position. Clause 66(2) of the award defines annual salary for calculation purposes.

(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 clause 21 (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 clause 21 (2) (b) (iii) and subject to agreement between the employer and the officer, work performed during ordinary rostered hours on a public holiday shall be paid for at the rate of time and one-half and the officer 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 on one year.

(c) Weekend Penalty Rates for Casual Employees

(i) Notwithstanding the provisions of clause 10 (2) (a) – 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:

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

Sundays - time and three quarters.

(ii) These rates are paid in addition to but not compounded on the casual loading provided for clause 10 (1) (a) – Casual Employment.

(d) An officer rostered off duty on a public holiday shall be paid at ordinary rates for such day or, subject to agreement between the employer and the officer, be allowed a day's leave with pay in lieu of the holiday to be added to the officer's next annual leave entitlement or taken at a mutually convenient time within a period of one year.

(e) An officer engaged on shift work who is rostered to work regularly on Sundays and/or public holidays shall be entitled to one week's leave in addition to the officer's normal entitlement to annual leave of absence for recreation.

(f) Additional leave provided by paragraphs (b) and (d) of this subclause shall not be subject to the annual leave loading prescribed by subclause (11) of Clause 23. - Annual Leave of this Award.

(g) Work performed by an officer in excess of the ordinary hours of the officer's shift or on a rostered day off shall be paid for in accordance with the overtime provisions of Clause 22. - Overtime Allowance of this Award.

(h) (i) When an officer begins or ceases a shift between the hours of 11.00 pm and 7.00 am and no public transport is available, reimbursement at the appropriate rate of hire prescribed by subclause (4) of Clause 47. - Motor Vehicle Allowance of this Award shall be made if the officer's private motor vehicle or cycle is used for the journey between the officer's residence and headquarters and the return journey.

Provided however, that any officer who, on or after October 30, 1987, elects to be permanently retained on a fixed or non rotating shift that begins or ceases between or on the hours of 11.00 pm and 7.00 am shall not be eligible to claim this reimbursement.

(ii) The provisions of this subclause shall only be applied to officers living and working within a radius of 50km of the Perth City Railway Station.

(3) Hours of Duty and Rosters

(a) An officer engaged on shifts shall work a 75-hour fortnight, exclusive of meal intervals, on the basis of not more than ten (10) shifts per fortnight of not more than seven and one half hours duration. Provided that where agreement is reached between the employer and the Association the length and/or number of shifts worked per fortnight may be altered.

Provided that when the agreed length of a shift is extended past seven and one half hours, overtime shall be payable only for time worked in excess of the rostered shift.

Provided also that whenever an agreed alteration to the number of hours per shift has occurred then the allowance per shift shall be varied on a pro rata basis to reflect any variation to other than seven and one half (7½) hours.

(b) Meal breaks shall be for a period of at least thirty (30) minutes, but not greater than one hour for each meal.

(c) Officers may be rostered to work on any of the seven days of the week provided that no officer shall be rostered for more than six (6) consecutive days.

Provided that where agreement is reached between the employer and the Association, shift workers may be exempted from this provision.

(d) The roster period shall commence at the beginning of a pay period and continue for fourteen (14) consecutive days. Rosters shall be available to officers at least five (5) clear working days prior to the commencement of the roster.

(e) A roster may only be altered on account of a contingency, which the employer could not have been reasonably expected to foresee. When a roster is altered, the officer concerned shall be notified of the changed shift 24 hours before the changed shift commences. Provided that where such notice is not given, the officer shall be paid overtime in accordance with Clause 22. - Overtime Allowance of this Award, for the duration of the changed shift. This provision shall not apply to an officer who was absent from duty on the officer's last rostered shift.

(f) An officer shall not be rostered for duty until at least ten (10) hours have elapsed from the time the officer's previous rostered shift ended. Provided that where agreement is reached between the Association and the employer the ten (10) hour break may be reduced to accommodate special shift arrangements, except that under no circumstances shall such an agreement provide for a break of less than 8 hours.

(g) An officer shall not be retained permanently on one shift unless the officer so elects in writing.

(h) Officers shall be allowed to exchange shifts or days off with other officers provided the approval of the employer has been obtained and provided further that any excess hours worked shall not involve the payment of overtime.

(i) No officer shall be on out of hours contact after the last working day preceding a period of annual leave or long service leave.


3. SCHEDULE H. – OVERTIME ALLOWANCE: DELETE PART I OF THIS SCHEDULE AND INSERT THE FOLLOWING IN LIEU THEREOF:

PART I - OUT OF HOURS CONTACT

(Operative from first pay period on or after 14 March 2008)

Standby
$7.41 per hour
On Call
$3.71 per hour
Availability
$1.85 per hour

Clause 66(2) of the award defines salary for calculation purposes.



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

SCHEDULE J - SHIFT WORK ALLOWANCE

An officer required to work a weekday afternoon or night shift of seven and one half (7.5) hours worked, will in addition to the ordinary rate of salary, be paid an allowance in accordance with the following formula for each shift so worked.

Annual Salary
X
12
x
1
X
15
1
313
10
100
Shiftwork Allowance =



A minimum shift work allowance of $17.04 is payable for each afternoon or night shift of seven and one half (7.5) hours worked.

Clause 66(2) of the award defines annual salary for calculation purposes.

(Operative from first pay period on or after 2 September 2008)


5. Schedule M – Expired General Agreement Salaries: Delete this schedule and insert the following in lieu thereof:

SCHEDULE M - EXPIRED GENERAL AGREEMENT SALARIES

Salaries


Classification Level
Annual Salary at the beginning of the first pay period on or after 26 February 2007 (Not to be subject to arbitrated safety net adjustments)

$
Level 1

Under 17 yrs
$16,694
17 yrs
$19,510
18 yrs
$22,757
19 yrs
$26,342
20 yrs
$29,582
1.1
$32,497
1.2
$33,496
1.3
$34,496
1.4
$35,489
1.5
$36,489
1.6
$37,489
1.7
$38,638
1.8
$39,434
1.9
$40,609

 
LEVEL 2.1
$42,017
2.2
$43,097
2.3
$44,231
2.4
$45,431
2.5
$46,686

 
LEVEL 3.1
$48,409
3.2
$49,754
3.3
$51,138
3.4
$52,560

 
LEVEL 4.1
$54,510
4.2
$56,037
4.3
$57,609

 
LEVEL 5.1
$60,638
5.2
$62,683
5.3
$64,809
5.4
$67,017

 
LEVEL 6.1
$70,564
6.2
$72,977
6.3
$75,473
6.4
$78,138

 
LEVEL 7.1
$82,227
7.2
$85,053
7.3
$88,131

 
LEVEL 8.1
$93,131
8.2
$96,714
8.3
$101,155

 
LEVEL 9.1
$106,702
9.2
$110,449
9.3
$114,723

 
CLASS 1
$121,188
CLASS 2
$127,654
CLASS 3
$134,113
CLASS 4
$140,578

Salaries – Specified Callings


Classification Level
Annual Salary at the beginning of the first pay period on or after 26 February 2007 (Not to be subject to arbitrated safety net adjustments)

$
LEVEL 2/4

1 st year
$42,017
2 nd year
$44,231
3 rd year
$46,686
4 th year
$49,754
5 th year
$54,510
6 th year
$57,609

 
LEVEL 5.1
$60,638
5.2
$62,683
5.3
$64,809
5.4
$67,017

 
LEVEL 6.1
$70,564
6.2
$72,977
6.3
$75,473
6.4
$78,138

 
LEVEL 7.1
$82,227
7.2
$85,053
7.3
$88,131

 
LEVEL 8.1
$93,131
8.2
$96,714
8.3
$101,155

 
LEVEL 9.1
$106,702
9.2
$110,449
9.3
$114,723

 
CLASS 1
$121,188
CLASS 2
$127,654
CLASS 3
$134,113
CLASS 4
$140,578