PUBLIC SERVICE AWARD 1992

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated and others

APPLICANTS

-v-

(Not applicable)

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Commissioner S J Kenner

DATE TUESDAY, 28 JUNE 2011

FILE NO/S P 2 OF 2011

CITATION NO. 2011 WAIRC 00443

Result Award varied

Representation

Civil Service Association of Western Australia Ms J O’Keefe and with her Ms J Gaines

Employer Parties   Mr M Hammond as agent

Order

HAVING heard Ms J O’Keefe on behalf of The Civil Service Association of Western Australia Incorporated and Mr M Hammond as agent of the employer parties and by consent the Commission, pursuant to the powers conferred on it 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 first pay period on or after the date of this order.

Commissioner S J Kenner

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 18. - Annual Increments:  Delete this clause and insert the following in lieu thereof:

18. - ANNUAL INCREMENTS

(1) Officers shall proceed to the maximum of their salary range by annual increments, after 12 months continuous service at each increment point, unless there is an adverse report on the officer’s performance or conduct which recommends the non-payment of an annual increment.

(2) The following process shall apply where a report on an officer’s performance or conduct recommends the non-payment of an annual increment:

(a) The officer will be shown the report prior to completing 12 months continuous service since their last incremental advance.

(b) The officer will be provided with an opportunity to comment in writing.

(c)  The officer’s comments will be considered immediately by the employer and a decision made as to whether to approve the payment of the increment or withhold payment for a specific period.

(d) Where the increment is withheld, the employer before the expiry of the specified period will complete a further report and the above provisions will apply.

(3) The non-payment of an increment will not change the normal anniversary date of any further increment payments.

2.  Clause 23. – Annual Leave:  Delete subclause (10) of this clause and insert the following in lieu thereof:

(10) Annual Leave Travel Concessions

(a)                 Officers stationed in remote areas

(i)                  The travel concessions contained in the following table are provided to officers and their dependants when proceeding on annual leave to either Perth or Geraldton from headquarters situated in District Allowance Areas 3, 4, 5 and 6 as provided for within subclause (2) of clause 43. – District Allowance of this Award. 

(ii)                Officers are required to serve a year in these areas before qualifying for travel concessions.  However, officers who have less than a year’s service in these areas and who are required to proceed on annual leave to suit departmental convenience will be allowed the concessions.  The concession may also be given to an officer who proceeds on annual leave before completing the year's service provided that the officer returns to the area to complete the year's service at the expiration of the period of leave.

(iii)              Only one annual leave travel concession per employee or dependant per annum is available.

(iv) The mode of travel is to be at the discretion of the employer.

(v) Travel concessions not utilised within twelve months of becoming due will lapse.

(vi) Part-time officers are entitled to travel concessions on a pro rata basis according to the usual number of hours worked per week.

Travelling time shall be calculated on a pro rata basis according to the number of hours worked. 

(vii) Where employees are entitled to a travel concession under clause 23 (10) and the employees’ headquarters are situated in District Allowance Areas 3, 4, 5 or 6 as provided for within subclause (2) of clause 43. – District Allowance of this Award, a travel concession covering the cost of airfares or motor vehicle allowance up to a maximum amount equivalent to the value of a return fully flexible and refundable airfare to Perth will be provided for each employee and each of their dependants when proceeding on annual leave to a location other than Perth or Geraldton.

(b) Officers whose headquarters are located 240 kilometres or more from Perth

(i) Officers, other than those designated in paragraph (10)(a) whose headquarters are situated two hundred and forty kilometres or more from Perth General Post Office and who travel to Perth for their annual leave may be granted by the employer reasonable travelling time to enable them to complete the return journey.

(c) For the purposes of determining eligibility for Annual Leave Travel Concession, a dependant shall mean:

(i)                   a partner; and/or

(ii)                   any child who relies on the officer for their main financial support; 

who does not have an equivalent entitlement of any kind.

(d) For the purposes of the definitions at paragraph (c) of this subclause, a child will be considered to rely on the officer for their main financial support where that child is in receipt of income of less than half the annualised WA minimum adult wage as at 30 June of the immediate past financial year, excluding income from a disability support pension.

3. Clause 32. – Bereavement Leave:  Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Officers including casuals shall on the death of:

(a) the spouse or de-facto partner of the officer;

(b) the child, step-child or grandchild of the officer (including an adult child, step-child or grandchild);

(c) the parent, step-parent or grandparent of the officer;

(d) the brother, sister, step brother or step sister; or

(e) any other person who, immediately before that person's death, lived with the officer as a member of the officer's household;

be eligible for up to two (2) days paid bereavement leave, provided that at the request of an officer the employer may exercise a discretion to grant bereavement leave to an officer in respect of some other person with whom the officer has a special relationship.

4.  Clause 42. – Camping Allowance:  Delete paragraph (7) (b) of this clause and insert the following in lieu thereof:

(b) Any determination by an Employer under this subclause will be in accordance with Schedule C. - Camping Allowance of this Award. 

5.  Clause 48. – Property Allowance

A. Delete subparagraph (1) (c) (i) of this clause and insert the following in lieu thereof:

(c) "Expenses" in relation to an officer means all costs incurred by the officer in the following areas:

(i) Legal fees paid to a solicitor, or in lieu thereof fees charged by a settlement agent, for professional costs incurred in respect of the sale or purchase, the maximum fee to be claimed shall be as set out in the Solicitors Cost Determination for non contentious business matters made under section 275 of the Legal Profession Act 2008.

 B. Immediately following paragraph (1) (g) of this clause, insert the following new paragraph:

(h) “Transfer” or “Transferred” means a permanent transfer or permanently transferred.

6. Schedule L. – Named Parties:  Delete Schedule L and insert the following in lieu thereof:

SCHEDULE L - NAMED PARTIES

The Civil Service Association of Western Australia Incorporated

The employing authority, as defined by the Public Sector Management Act 1994, of each of the following public authorities:

Chemistry Centre (WA)

Commissioner for Children and Young People

Curriculum Council of Western Australia

Department for Child Protection

Department for Communities

Department of Agriculture and Food

Department of Commerce

Department of Corrective Services

Department of Culture and the Arts

Department of Education

Department of Education Services

Department of Environment and Conservation

Department of Fisheries

Department of Health

Department of Housing

Department of Indigenous Affairs

Department of Local Government

Department of Mines and Petroleum

Department of Planning

Department of Racing, Gaming and Liquor

Department of Regional Development and Lands

Department of Sport & Recreation Western Australia

Department of State Development

Department of the Attorney General

Department of the Premier and Cabinet

Department of Training and Workforce Development

Department of Transport

Department of Treasury and Finance

Department of Water

Disability Services Commission

Economic Regulation Authority

Equal Opportunity Commission

Gascoyne Development Commission

Goldfields-Esperance Development Commission

Government Employees Superannuation Board

Great Southern Development Commission

Heritage Council of Western Australia

Kimberley Development Commission

Law Reform Commission of Western Australia

Mental Health Commission

Mid West Development Commission

Office of Energy

Office of Health Review

Office of the Auditor General

Office of the Director for Public Prosecutions for Western Australia

Office of the Environmental Protection Authority

Office of the Information Commissioner

Office of the Inspector of Custodial Services

Peel Development Commission

Pilbara Development Commission

Public Sector Commission

Rottnest Island Authority

South West Development Commission

State Supply Commission

Western Australian Electoral Commission

Western Australian Industrial Relations Commission

Western Australian Meat Industry Authority

Western Australian Police Service

Wheatbelt Development Commission

WorkCover Western Australia