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 Acting Senior Commissioner P E Scott

DATE tuesday, 9 November 2010

FILE NO. P 20 OF 2007

CITATION NO. 2010 WAIRC 01103

Result Correction Order Issued

Correction Order

WHEREAS errors occurred in the Order issued on the 1st day of November 2010 in application P 20 of 2007,

NOW THEREFORE, the Public Service Arbitrator, in order to correct these errors and pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Order be corrected by replacing instructions 8 to 10 in the Schedule with instructions 8 to 11 in the following Schedule.

ACTING SENIOR COMMISSIONER P E SCOTT

PUBLIC SERVICE ARBITRATOR

SCHEDULE

8. Clause 9. – Term of Award:  Delete clause title and insert the following in lieu thereof:

11. – TERM OF AWARD

9. Clause 10. – Liberty to Apply:  Delete clause title and clause 10 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.

10. Clause 11. – Salary Packaging:  Delete clause title and clause 11 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.

11. 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