PUBLIC SERVICE ALLOWANCES (FISHERIES AND WILDLIFE OFFICERS) AWARD 1990

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Commission's Own Motion

APPLICANT

-v-

(Not applicable)

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Acting Senior Commissioner P E Scott

DATE Monday, 1 November 2010

FILE NO/S P 20 OF 2007

CITATION NO. 2010 WAIRC 01085

Result Award varied

Order

HAVING heard Mr C Harrison on behalf of the Department of Fisheries and with him Mr B Entrekin of the Department of Commerce, and Mr S Farrell 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 Allowances (Fisheries and Wildlife Officers) Award 1990 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 22nd day of October 2010.

Acting Senior Commissioner P E Scott

PUBLIC SERVICE ARBITRATOR

SCHEDULE

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

2. - ARRANGEMENT

1. Title

2. Arrangement

3. Scope

4. Definitions

5. Commuted Overtime Allowances – Department of Fisheries

6.  Commuted Overtime Allowances – Department of Environment and Conservation

7. On Call Allowance 

8. Public Holidays

9. Weekend Duty

10. Copies of Award

11. Term of Award

12. Liberty to Apply

13. Salary Packaging

 Schedule A – Named Parties

2. Clause 3. – Scope: Delete Clause 3 and insert the following in lieu thereof:

3. - SCOPE

This Award shall apply to all Government Officers employed within the following categories by one of the named employer parties to this Award under the provisions of the Public Sector Management Act 1994: -

(1) Fisheries and Marine Officers (including trainees).

(2) Wildlife Officers (including trainees).

(3) Technical Officers and Technical Assistants involved in Fisheries Research.

(4) Technical Officers and Technical Assistants involved in Wildlife Research.

(5) Any other officer engaged in duties at sea.

3. Clause 4. – Definitions: Delete Clause 4 and insert the following in lieu thereof:

4. - DEFINITIONS

"A day" means from midnight to midnight.

"At sea" means the period away from home port.

"Association" means The Civil Service Association of Western Australia Incorporated.

"Chief Executive Officer has the same meaning as that outlined in the Public Sector Management Act 1994, as well as any officer duly authorised by the Chief Executive Officer to act on his/her behalf.

"Gross annual salary" means the officer's gross salary as provided for under Schedule A – Salaries to the Public Service Award 1992.

"Prescribed hours of duty" means the hours of duty prescribed within clause 20 of the Public Service Award 1992.

"Retiring Allowance" shall mean the lump sum paid to an officer for accrued and pro-rata leave entitlements payable at the date of retirement.

“On call” shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an employee rostered to remain at the employee’s residence or to otherwise be immediately contactable by telephone or other means outside the employee’s normal hours of duty  in case of a call out requiring an immediate return to duty. The nature of the duties to be performed requires an employee to be in a state of readiness for immediate return to duty.

4. Clause 5. – Commuted Overtime Allowances: Delete Clause 5 and insert the following three clauses in lieu thereof:

5. - COMMUTED OVERTIME ALLOWANCES – Department of Fisheries

(1) Fisheries and Marine Officers

(a) Subject to the provisions of paragraphs (b) and (c) of this subclause, these officers shall be paid an allowance of 15% of gross annual salary in lieu of payment for overtime worked pursuant to clause 22. – Overtime Allowance of the Public Service Award 1992. This allowance shall continue to be paid during annual leave, long service leave, personal leave and as part of any retiring allowance.

(b) An additional 15% shall be paid for those days on which an officer is engaged in extensive field work approved by the Chief Executive Officer.

(c) Officers who occupy positions which generally do not require work to be performed outside of or in excess of the prescribed hours of duty may, at the discretion of the Chief Executive Officer, be paid overtime pursuant to clause 22. - Overtime Allowance of the Public Service Award 1992, in lieu of the allowances prescribed in paragraphs (a) and (b) of this subclause.

(2) Technical Officers and Technical Assistants involved in Fisheries Research and any other officers authorised by the Chief Executive Officer excluding officers employed in specified calling positions pursuant to clause 12. – Salaries Specified Callings of the Public Service Award 1992

(a) All officers shall be paid an allowance at a rate of 20% of gross annual salary for days when working on field duties away from headquarters. This allowance is payable in lieu of payment for overtime worked pursuant to clause 22 – Overtime Allowance of the Public Service Award 1992.

(b) Officers who occupy positions which generally do not require work to be performed outside of or in excess of the prescribed hours of duty may, at the discretion of the Chief Executive Officer, be paid overtime pursuant to clause 22. - Overtime Allowance of the Public Service Award 1992, in lieu of the allowance prescribed in paragraph (a) of this subclause.

(3) Officers Engaged in Duties at Sea

(a) Notwithstanding the provisions of subclauses (1) and (2) of this clause, any officer engaged in duties at sea involving either an overnight stay on a Departmental vessel or being at sea on board a commercial fishing vessel shall be paid an allowance of 30% of gross annual salary for those days spent at sea, including the day of departure and day of return. This allowance is payable in lieu of payment for overtime worked pursuant to clause 22 – Overtime Allowance of the Public Service Award 1992.

(b) The allowance prescribed by this subclause shall be paid in lieu of the allowances prescribed by subclauses (1) and (2) of this clause.

(4)                 Payment of Commuted Overtime Allowances will not be made to officers classified above Level 5 except where the Chief Executive Officer otherwise determines.

6. - COMMUTED OVERTIME ALLOWANCES – DEPARTMENT OF ENVIRONMENT AND CONSERVATION

(1) Wildlife Officers

(a) Subject to the provisions of paragraphs (b) and (c) of this subclause, these officers shall be paid an allowance of 15% of gross annual salary in lieu of payment for overtime worked pursuant to clause 22. – Overtime Allowance of the Public Service Award 1992. This allowance shall continue to be paid during annual leave, long service leave, personal leave and as part of any retiring allowance.

(b) An additional 15% shall be paid for those days on which an officer is engaged in extensive field work approved by the Chief Executive Officer.

(c) Officers who occupy positions which generally do not require work to be performed outside of or in excess of the prescribed hours of duty may, at the discretion of the Chief Executive Officer, be paid overtime pursuant to clause 22. - Overtime Allowance of the Public Service Award 1992, in lieu of the allowances prescribed in paragraphs (a) and (b) of this subclause.

(2) Technical Officers and Technical Assistants involved in Wildlife Research and any other officers authorised by the Chief Executive Officer excluding officers employed in specified calling positions pursuant to clause 12. – Salaries Specified Callings of the Public Service Award 1992.

(a) All Officers shall be paid an allowance at a rate of 15% of gross annual salary for days when working on field duties away from headquarters. This allowance is payable in lieu of payment for overtime worked pursuant to clause 22 – Overtime Allowance of the Public Service Award 1992.

(b) An additional 15% shall be paid for those days on which an officer is engaged in extensive field work approved by the Chief Executive Officer.

(c) Officers who occupy positions which generally do not require work to be performed outside of or in excess of the prescribed hours of duty may, at the discretion of the Chief Executive Officer, be paid overtime pursuant to clause 22. - Overtime Allowance of the Public Service Award 1992, in lieu of the allowances prescribed in paragraphs (a) and (b) of this subclause.

(3)                 Payment of Commuted Overtime Allowances will not be made to officers classified above Level 5 except where the Chief Executive Officer otherwise determines.

7. - ON CALL ALLOWANCE

Officers placed on-call by the Chief Executive Officer shall be paid on call allowance in accordance with clause 22. - Overtime Allowance of the Public Service Award 1992.

5. Clause 6. – Delete clause title and clause 6 and insert the following clause title and clause in lieu thereof:

8. - PUBLIC HOLIDAYS

(1)  The following days shall be allowed as holidays with pay:  New Year's Day, Australia Day, Good Friday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Sovereign's Birthday, Foundation Day, Labour Day, provided that the employer may approve another day to be taken as a holiday in lieu of any of the above mentioned days.

(2) An officer required to perform work on a public holiday shall be allowed either one and one-half days' leave with pay or payment of an additional one and one-half days' pay at the ordinary rate of pay, the choice of which is at the discretion of the Chief Executive Officer.

(3) Where a public holiday falls on an officer's rostered day off, the officer shall be allowed one day's leave with pay in lieu of the holiday.

(4) Leave provided by this clause may be taken at a time agreed between the officer and the Chief Executive Officer provided that in the absence of such agreement the leave shall be taken in conjunction with the officer's annual leave.

6. Clause 7. – Delete clause title and clause 7 and insert the following clause title and clause in lieu thereof:

9. - WEEKEND DUTY

(1) Work performed on a Saturday shall be paid at the rate of time and one-half up to a maximum of the first 7½ hours worked on that day.

(2) Work performed on a Sunday shall be paid at the rate of time and three quarters up to a maximum of the first 7½ hours worked on that day.

(3) Payments made under this clause shall be calculated on the officer's ordinary rate of pay for prescribed hours.

(4) The payment shall be in addition to any allowance for commuted overtime.

(5) By agreement between the employee and employer, time off in lieu of payment may be granted by the Chief Executive Officer.  Such time off in lieu is to be determined at the rate prescribed in subclauses (1) and (2) of this clause.

7. Clause 8. – Delete clause title and clause 8 and insert the following clause title and clause in lieu thereof:

10. - COPIES OF AWARD

Every officer shall be entitled to have access to a copy of this Award. Sufficient copies shall be made available, either hard copy or by modern electronic means by the employer for this purpose. Where a hard copy is requested it shall be made available.

8. Clause 10. – Delete clause title and clause 12 and insert the following clause title and clause in lieu thereof:

12. - LIBERTY TO APPLY

Leave is reserved by the parties to apply at any time to the Public Service Arbitrator for amendment to clause 5. – Commuted Overtime Allowances – Department of Fisheries and clause 6. – Commuted Overtime Allowances– Department of Environment and Conservation.

9. Clause 11. – Delete clause title and clause 13 and insert the following clause title and clause in lieu thereof:

13. - SALARY PACKAGING

(1)  An officer may, by agreement with the employer, enter into a salary packaging arrangement in accordance with this clause and Australian Taxation Office requirements.

(2)  Salary packaging is an arrangement whereby the entitlements and benefits under this Award, contributing toward the Total Employment Cost (TEC) (as defined in subclause (3) of this clause) of an officer, can be reduced by and substituted with another or other benefits.

(3) The TEC for salary packaging purposes is calculated by adding the following entitlements and benefits:

(a) the base salary;

(b) other cash allowances;

(c) non cash benefits;

(d) any Fringe Benefit Tax liabilities currently paid; and

(e)  any variable components.

(4) Where an officer enters into a salary packaging arrangement the officer will be required to enter into a separate written agreement with the employer setting out the terms and conditions of the salary packaging arrangement.

(5)  Notwithstanding any salary packaging arrangement, the salary rate as specified in this Award, is the basis for calculating salary related entitlements specified in the Award.

(6)  Compulsory Employer Superannuation Guarantee contributions are to be calculated in accordance with applicable federal and state legislation. Compulsory employer contributions made to superannuation schemes established under the State Superannuation Act 2001 are calculated on the gross (pre packaged) salary amount regardless of whether an officer participates in a salary packaging arrangement with their employer.

(7)  A salary packaging arrangement cannot increase the costs to the employer of employing an individual.

(8)  A salary packaging arrangement is to provide that the amount of any taxes, penalties or other costs for which the employer or officer is or may become liable for and are related to the salary packaging arrangement, shall be borne in full by the officer.

(9)  In the event of any increase in taxes, penalties or costs relating to a salary packaging arrangement, the officer may vary or cancel that salary packaging arrangement.

10. Schedule A. – Delete Schedule A title and insert the following title and text in lieu thereof:

SCHEDULE A - NAMED PARTIES

The Civil Service Association of Western Australia Incorporated

The Department of Fisheries

The Department of Environment and Conservation