Western Australian Prison Officers' Union of Workers -v- The Minister For Corrective Services
Document Type: Order
Matter Number: APPL 18/2011
Matter Description: Prison Officers' Award
Industry: Correction
Jurisdiction: Single Commissioner
Member/Magistrate name: Chief Commissioner A R Beech
Delivery Date: 17 May 2011
Result: Award varied
Citation: 2011 WAIRC 00342
WAIG Reference: 91 WAIG 933
PRISON OFFICERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES WESTERN AUSTRALIAN PRISON OFFICERS' UNION OF WORKERS
APPLICANT
-V-
THE MINISTER FOR CORRECTIVE SERVICES
RESPONDENT
CORAM CHIEF COMMISSIONER A R BEECH
DATE TUESDAY, 17 MAY 2011
FILE NO/S APPL 18 OF 2011
CITATION NO. 2011 WAIRC 00342
Result Award varied
Representation (by written submissons)
APPLICANT MR J WALKER
RESPONDENT MR P BUDD
Order
HAVING heard by written submission from Mr J Walker for the applicant and from Mr P Budd for the respondent, I, the undersigned, pursuant to the powers conferred on me under s 40 of the Industrial Relations Act 1979, hereby order –
THAT the Prison Officers’ Award be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 17th day of May 2011.
CHIEF COMMISSIONER A R BEECH
SCHEDULE
1. Clause 52. – Motor Vehicle Allowance: Delete subclause 52.5 and insert the following in lieu thereof:
52.5 Allowance for towing Departmental caravan or trailer
In cases where Officers are required to tow the Departmental caravan on official business, the additional rate shall be 7.5 cents per kilometre. When Departmental trailers are towed on official business the additional rate shall be 4.0 cents per kilometre.
2. Clause 53. – Relieving Allowance: Delete subclause 53.4 of this clause and insert the following in lieu thereof:
53.4 If an Officer whose normal duties do not involve camp accommodation, is required to relieve or perform special duty resulting in a stay at a camp, the Officer 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 Officer shall receive no more than one lump sum of $180.00 in any period of three (3) years.
3. Clause 54. – Removal Allowance:
A. Delete (3) of subclause 54.1 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 Officer is required to transport his or her furniture, effects and appliances provided that the Commissioner is satisfied that the value of household furniture, effects and appliances moved by the Officer is at least $3,334.00.
B. Delete (4) of subclause 54.1 of this clause and insert the following in lieu thereof:
(4) Reimbursement of reasonable expenses in kennelling and transporting 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 Officer’s dependants for the purpose of household enjoyment.
Pets do not include domesticated livestock, native animals or equine animals.
C. Delete subclause 54.6 of this clause and insert the following in lieu thereof:
54.6 Where an Officer is transferred to Government owned or private accommodation, where furniture is provided, and as a consequence the Officer is obliged to store furniture, the Officer shall be reimbursed the actual cost of such storage up to a maximum allowance of $1034.00 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 I – Travelling, Transfer and Relieving Allowance: Delete this schedule and insert the following in lieu thereof:
SCHEDULE I - TRAVELLING, TRANSFER AND RELIEVING ALLOWANCE
COLUMN A
COLUMN B
COLUMN C
ITEM
PARTICULARS
DAILY RATE
DAILY RATE OFFICERS WITH DEPENDANTS: RELIEVING ALLOWANCE FOR PERIOD IN EXCESS OF 42 DAYS (CLAUSE 53.2(2), TRANSFER ALLOWANCE FOR PERIOD IN EXCESS OF PRESCRIBED PERIOD (CLAUSE 55.3)
DAILY RATE OFFICERS WITHOUT DEPENDANTS RELIEVING ALLOWANCE FOR PERIOD IN EXCESS OF 42 DAYS (CLAUSE 53.2(2))
ALLOWANCE TO MEET INCIDENTAL EXPENSES
$
(1)
WA - South of 26° South Latitude
14.55
(2)
WA - North of 26° South Latitude
21.70
(3)
Interstate
21.70
ACCOMMODATION INVOLVING AN OVERNIGHT STAY IN A HOTEL OR MOTEL
$
$
$
(4)
WA – Metropolitan Hotel or Motel
305.45
152.70
101.80
(5)
Locality South of 26° South Latitude
208.55
104.30
69.50
(6)
Locality North of 26° South Latitude:
Broome
456.70
228.35
152.25
Carnarvon
255.15
127.55
85.05
Dampier
366.70
183.35
122.25
Derby
342.20
171.10
114.05
Exmouth
292.70
146.35
97.55
Fitzroy Crossing
370.20
185.10
123.40
Gascoyne Junction
291.70
145.85
97.25
Halls Creek
247.20
123.60
82.40
Karratha
445.70
222.85
148.55
Kununurra
331.70
165.85
110.55
Marble Bar
271.70
135.85
90.55
Newman
338.95
169.50
113.00
Nullagine
256.70
128.35
85.55
Onslow
273.30
136.65
91.10
Pannawonica
192.70
96.35
64.25
Paraburdoo
259.70
129.85
86.55
Port Hedland
367.15
183.55
122.40
Roebourne
241.70
120.85
80.55
Shark Bay
240.20
120.10
80.05
Tom Price
320.20
160.10
106.75
Turkey Creek
235.70
117.85
78.55
Wickham
508.70
254.35
169.55
Wyndham
254.70
127.35
84.90
(7)
Interstate - Capital City
Sydney
304.90
152.45
101.60
Melbourne
288.55
144.30
96.15
Other Capitals
270.10
135.05
89.95
(8)
Interstate – Other than Capital City
208.55
104.30
69.50
ACCOMMODATION INVOLVING AN OVERNIGHT STAY AT OTHER THAN A HOTEL OR MOTEL
(9)
WA - South of 26° South Latitude
93.65
(10)
WA - North of 26° South Latitude
128.25
(11)
Interstate
128.25
TRAVEL NOT INVOLVING AN OVERNIGHT STAY OR TRAVEL INVOLVING AN OVERNIGHT STAY WHERE ACCOMMODATION ONLY IS PROVIDED.
(12)
WA - South of 26° South Latitude:
Breakfast
16.30
Lunch
16.30
Dinner
46.50
(13)
WA - North of 26° South Latitude:
Breakfast
21.20
Lunch
33.20
Dinner
52.20
(14)
Interstate:
Breakfast
21.20
Lunch
33.20
Dinner
52.20
DEDUCTION FOR NORMAL LIVING EXPENSES (CLAUSE 55.5(1))
(15)
Each Adult
26.25
(16)
Each Child
4.50
MIDDAY MEAL (CLAUSE 56.11)
(17)
Rate per meal
6.35
(18)
Maximum reimbursement per pay period
31.75
The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after the 21 April 2010.
PRISON OFFICERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Prison Officers' Union of Workers
APPLICANT
-v-
The Minister For Corrective Services
RESPONDENT
CORAM Chief Commissioner A R Beech
DATE TUESday, 17 May 2011
FILE NO/S APPL 18 OF 2011
CITATION NO. 2011 WAIRC 00342
Result Award varied
Representation (by written submissons)
Applicant Mr J Walker
Respondent Mr P Budd
Order
HAVING heard by written submission from Mr J Walker for the applicant and from Mr P Budd for the respondent, I, the undersigned, pursuant to the powers conferred on me under s 40 of the Industrial Relations Act 1979, hereby order –
THAT the Prison Officers’ Award be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 17th day of May 2011.
Chief Commissioner A R Beech
SCHEDULE
1. Clause 52. – Motor Vehicle Allowance: Delete subclause 52.5 and insert the following in lieu thereof:
52.5 Allowance for towing Departmental caravan or trailer
In cases where Officers are required to tow the Departmental caravan on official business, the additional rate shall be 7.5 cents per kilometre. When Departmental trailers are towed on official business the additional rate shall be 4.0 cents per kilometre.
2. Clause 53. – Relieving Allowance: Delete subclause 53.4 of this clause and insert the following in lieu thereof:
53.4 If an Officer whose normal duties do not involve camp accommodation, is required to relieve or perform special duty resulting in a stay at a camp, the Officer 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 Officer shall receive no more than one lump sum of $180.00 in any period of three (3) years.
3. Clause 54. – Removal Allowance:
A. Delete (3) of subclause 54.1 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 Officer is required to transport his or her furniture, effects and appliances provided that the Commissioner is satisfied that the value of household furniture, effects and appliances moved by the Officer is at least $3,334.00.
B. Delete (4) of subclause 54.1 of this clause and insert the following in lieu thereof:
(4) Reimbursement of reasonable expenses in kennelling and transporting 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 Officer’s dependants for the purpose of household enjoyment.
Pets do not include domesticated livestock, native animals or equine animals.
C. Delete subclause 54.6 of this clause and insert the following in lieu thereof:
54.6 Where an Officer is transferred to Government owned or private accommodation, where furniture is provided, and as a consequence the Officer is obliged to store furniture, the Officer shall be reimbursed the actual cost of such storage up to a maximum allowance of $1034.00 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 I – Travelling, Transfer and Relieving Allowance: Delete this schedule and insert the following in lieu thereof:
SCHEDULE I - TRAVELLING, TRANSFER AND RELIEVING ALLOWANCE
|
|
COLUMN A |
COLUMN B |
COLUMN C |
|||
ITEM |
PARTICULARS |
DAILY RATE |
DAILY RATE OFFICERS WITH DEPENDANTS: RELIEVING ALLOWANCE FOR PERIOD IN EXCESS OF 42 DAYS (CLAUSE 53.2(2), TRANSFER ALLOWANCE FOR PERIOD IN EXCESS OF PRESCRIBED PERIOD (CLAUSE 55.3) |
DAILY RATE OFFICERS WITHOUT DEPENDANTS RELIEVING ALLOWANCE FOR PERIOD IN EXCESS OF 42 DAYS (CLAUSE 53.2(2))
|
|||
ALLOWANCE TO MEET INCIDENTAL EXPENSES |
|||||||
|
|
$ |
|
|
|||
(1) |
WA - South of 26° South Latitude |
14.55 |
|
|
|||
(2) |
WA - North of 26° South Latitude |
21.70 |
|
|
|||
(3) |
Interstate |
21.70 |
|
|
|||
ACCOMMODATION INVOLVING AN OVERNIGHT STAY IN A HOTEL OR MOTEL |
|||||||
|
|
$ |
$ |
$ |
|||
(4) |
WA – Metropolitan Hotel or Motel |
305.45 |
152.70 |
101.80 |
|||
(5) |
Locality South of 26° South Latitude |
208.55 |
104.30 |
69.50 |
|||
(6) |
Locality North of 26° South Latitude: |
|
|
|
|||
|
Broome |
456.70 |
228.35 |
152.25 |
|||
|
Carnarvon |
255.15 |
127.55 |
85.05 |
|||
|
Dampier |
366.70 |
183.35 |
122.25 |
|||
|
Derby |
342.20 |
171.10 |
114.05 |
|||
|
Exmouth |
292.70 |
146.35 |
97.55 |
|||
|
Fitzroy Crossing |
370.20 |
185.10 |
123.40 |
|||
|
Gascoyne Junction |
291.70 |
145.85 |
97.25 |
|||
|
Halls Creek |
247.20 |
123.60 |
82.40 |
|||
|
Karratha |
445.70 |
222.85 |
148.55 |
|||
|
Kununurra |
331.70 |
165.85 |
110.55 |
|||
|
Marble Bar |
271.70 |
135.85 |
90.55 |
|||
|
Newman |
338.95 |
169.50 |
113.00 |
|||
|
Nullagine |
256.70 |
128.35 |
85.55 |
|||
|
Onslow |
273.30 |
136.65 |
91.10 |
|||
|
Pannawonica |
192.70 |
96.35 |
64.25 |
|||
|
Paraburdoo |
259.70 |
129.85 |
86.55 |
|||
|
Port Hedland |
367.15 |
183.55 |
122.40 |
|||
|
Roebourne |
241.70 |
120.85 |
80.55 |
|||
|
Shark Bay |
240.20 |
120.10 |
80.05 |
|||
|
Tom Price |
320.20 |
160.10 |
106.75 |
|||
|
Turkey Creek |
235.70 |
117.85 |
78.55 |
|||
|
Wickham |
508.70 |
254.35 |
169.55 |
|||
|
Wyndham |
254.70 |
127.35 |
84.90 |
|||
(7) |
Interstate - Capital City |
|
|
||||
|
Sydney |
304.90 |
152.45 |
101.60 |
|||
|
Melbourne |
288.55 |
144.30 |
96.15 |
|||
|
Other Capitals |
270.10 |
135.05 |
89.95 |
|||
(8) |
Interstate – Other than Capital City |
208.55 |
104.30 |
69.50 |
|||
ACCOMMODATION INVOLVING AN OVERNIGHT STAY AT OTHER THAN A HOTEL OR MOTEL
|
|||||||
(9) |
WA - South of 26° South Latitude |
93.65 |
|
|
|||
(10) |
WA - North of 26° South Latitude |
128.25 |
|
|
|||
(11) |
Interstate |
128.25 |
|
|
|||
TRAVEL NOT INVOLVING AN OVERNIGHT STAY OR TRAVEL INVOLVING AN OVERNIGHT STAY WHERE ACCOMMODATION ONLY IS PROVIDED.
|
|||||||
(12) |
WA - South of 26° South Latitude: |
|
|
||||
|
Breakfast |
16.30 |
|
|
|||
|
Lunch |
16.30 |
|
|
|||
|
Dinner |
46.50 |
|
|
|||
(13) |
WA - North of 26° South Latitude: |
|
|
||||
|
Breakfast |
21.20 |
|
|
|||
|
Lunch |
33.20 |
|
|
|||
|
Dinner |
52.20 |
|
|
|||
(14) |
Interstate: |
|
|
|
|||
|
Breakfast |
21.20 |
|
|
|||
|
Lunch |
33.20 |
|
|
|||
|
Dinner |
52.20 |
|
|
|||
DEDUCTION FOR NORMAL LIVING EXPENSES (CLAUSE 55.5(1))
|
|||||||
(15) |
Each Adult |
26.25 |
|
|
|||
(16) |
Each Child |
4.50 |
|
|
|||
MIDDAY MEAL (CLAUSE 56.11)
|
|
|
|||||
(17) |
Rate per meal |
6.35 |
|
|
|||
(18) |
Maximum reimbursement per pay period |
31.75 |
|
|
|||
The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after the 21 April 2010.