2010 WAIRC 01075
GOVERNMENT OFFICERS (SOCIAL TRAINERS) AWARD 1988
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES DISABILITY SERVICES COMMISSION
APPLICANT
-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 19 OF 2010
CITATION NO. 2010 WAIRC 01075

Result Award varied


Order
HAVING heard Mr A Harper as agent for the applicant 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 Government Officers (Social Trainers) Award 1988 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 18. – Shift Work: Delete this clause and insert the following in lieu thereof:

18. – SHIFT WORK

(1) Definitions

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

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

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

"Night shift" means a shift of not more than 10 hours continuous duration commencing at or after 6.00 pm and before 6.01 am.

(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.

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 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. Clause 57(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 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.

(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.


(d) An employee 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 employee, be allowed a day's leave with pay in lieu of the holiday to be added to annual leave or to be taken at a mutually convenient time within a period of one year.

(e) An employee engaged on shift work who is rostered to work regularly on Sundays and/or Public Holidays shall be allowed one weeks leave in addition to the employee's normal entitlement to annual leave of absence for recreation.

(f) Additional leave provided by subclauses (2)(b) and (2)(d) of this clause shall not be subject to the annual leave loading prescribed by subclause (11) of Clause 22. - Annual Leave of this Award.

(g) Work performed by an employee in excess of the ordinary hours of a shift or on a rostered day off shall be paid for in accordance with the provisions of Clause 21. - Overtime of this Award.

(h) (i) When an employee begins or ceases a shift between the hours of 11.00 p.m. and 7.00 a.m. and no public transport is available, reimbursement at the appropriate rate of hire prescribed by subclause (4) of Clause 42. - Motor Vehicle Allowance of this Award, shall be made if the employee's private motor vehicle or motor cycle is used for the journey between the employee's residence and headquarters and the return journey. Provided, however, that any employee who elects to be permanently retained on a fixed or non-rotating shift that begins or ceases between or on the hours of 11.00 p.m. and 7.00 a.m. shall not be eligible to claim this reimbursement.

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

(3) Hours of Duty and Rosters

(a) An employee engaged on shifts shall work according to the provisions of subclause (1)(a) and (b) of Clause 17.- Hours of this Award exclusive of meal intervals. 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 further that when the agreed length of a shift is extended past eight hours, overtime shall be payable only for time worked in excess of the rostered shift.

(b) Meal breaks shall be for a period of at least thirty (30) minutes, but not greater than one (1) hour for each meal.

(c) Employees may be rostered to work on any of the seven (7) days of the week provided that no employee 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 begin at the beginning of a pay period and continue for fourteen (14) consecutive days. Rosters shall be available to employees at least seven (7) 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 employee concerned shall be notified of the changed shift twenty-four hours before the changed shift commences, provided that where such notice is not given, the employee shall be paid in accordance with Clause 21. - Overtime of this Award for the complete duration of the changed shift, but this shall not apply to an employee who was absent from duty on the employee's last rostered shift.

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

(g) Employees shall be allowed to exchange shifts including sleep shifts under Clause 19. - Sleep Shift Allowances of this Award or days off with other employees provided the approval of the Employer has been obtained and provided further that any excess hours worked shall not involve the payment of overtime.


2. Schedule C – Shift Work Allowance: Delete this schedule and insert the following in lieu thereof:

SCHEDULE C. - 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 57(2) of this Award defines annual salary for calculation purposes.

(Operative from first pay period on or after 23 July 2009)


3. Schedule E – Overtime Allowance: Delete Part I of this schedule and insert the following in lieu thereof:

SCHEDULE E. – OVERTIME ALLOWANCE

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


Subclause 57(2). – Expired General Agreement Salaries of this Award defines annual salary for calculation purposes.


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

SCHEDULE K. – EXPIRED GENERAL AGREEMENT SALARIES
Salaries


Annual Salary
From the beginning of the first pay period commencing on or after 26 February 2007
LEVELS
SCHEDULE 1

BASE RATES FOR
76-HOUR FORTNIGHT WITH 12 ACCRUED DAYS OFF
SCHEDULE 2

BASE RATES FOR
78-HOUR FORTNIGHT WITH 6 ACCRUED DAYS OFF
SCHEDULE 3

BASE RATES FOR
80-HOUR FORTNIGHT WITH NO ACCRUED DAYS OFF
Level 1



Under 17 yrs
$16,694
$17,133
$17,573
17 yrs
$19,510
$20,023
$20,537
18 yrs
$22,757
$23,355
$23,955
19 yrs
$26,342
$27,035
$27,728
20 yrs
$29,582
$30,359
$31,138
1.1
$32,497
$33,350
$34,206
1.2
$33,496
$34,378
$35,259
1.3
$34,496
$35,404
$36,313
1.4
$35,489
$36,424
$37,358
1.5
$36,489
$37,449
$38,409
1.6
$37,489
$38,475
$39,462
1.7
$38,638
$39,655
$40,671
1.8
$39,434
$40,472
$41,510
1.9
$40,609
$41,679
$42,748
 



LEVEL 2.1
$42,017
$43,124
$44,229
2.2
$43,097
$44,230
$45,366
2.3
$44,231
$45,396
$46,561
2.4
$45,431
$46,627
$47,822
2.5
$46,686
$47,914
$49,142
 



LEVEL 3.1
$48,409
$49,683
$50,957
3.2
$49,754
$51,062
$52,372
3.3
$51,138
$52,483
$53,829
3.4
$52,560
$53,944
$55,326
 



LEVEL 4.1
$54,510
$55,944
$57,380
4.2
$56,037
$57,512
$58,986
4.3
$57,609
$59,124
$60,641