EDUCATION DEPARTMENT MINISTERIAL OFFICERS SALARIES ALLOWANCES AND CONDITIONS AWARD 1983 NO. 5 OF 1983

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated, Department of Education

APPLICANTS

-v-

(Not applicable)

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Commissioner S J Kenner

DATE TUESDAY, 28 JUNE 2011

FILE NO/S P 5 OF 2011

CITATION NO. 2011 WAIRC 00445

Result Award varied

Representation

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

Department of Education Ms E McAdam

Order

HAVING heard Ms J O’Keefe on behalf of The Civil Service Association of Western Australia Incorporated and Ms E McAdam on behalf of the Department of Education and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –

THAT the Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No. 5 of 1983 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 4 – Definitions: Delete the definition of Employer and insert the following in lieu thereof:

“Employer” means the Director General, Department of Education (or however so named)

2. Clause 11 – Annual Increments: Delete this clause and insert the following in lieu thereof:

11.  – ANNUAL INCREMENTS

(1)                 An employee 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 employee’s performance or conduct which recommends the non payment of an annual increment.

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

(a) The employee 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 employee’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. 

(4) For the purposes of this clause "continuous service”, except where an increment is payable according to age shall include:

(a) any period exceeding 14 calendar days during which an employee is absent on leave without pay.  In the case of leave without pay which exceeds 14 calendar days, the entire period of such leave without pay is excised in full;

(b) any period which exceeds six months in one continuous period during which an employee is absent on workers' compensation.  Provided that only that portion of such continuous absence which exceeds six months shall not count as "service";

(c) any period which exceeds three months in one continuous period during which an employee is absent on sick leave without pay.  Provided that only that portion of such continuous absence which exceeds three months shall not count as "service".

3. Clause 16 – School Vacation Leave: Delete subclause 2 (a) of this clause and insert the following in lieu thereof:

(2) (a) A school vacation leave loading shall be included in the first payment of ordinary salary made in December or in the event of a termination prior to the end of the school year in the final payment made to the officer.

4.  Clause 25 – Bereavement Leave: Delete this clause and insert the following in lieu thereof:

25. - BEREAVEMENT LEAVE

(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.

(2) The two (2) days need not be consecutive.

(3) Bereavement leave is not to be taken during any other period of leave.

(4) Payment of such leave may be subject to the officer providing evidence of the death or relationship to the deceased, satisfactory to the employer.

(5) An officer requiring more than two days bereavement leave in order to travel overseas in the event of the death overseas of a member of the officer's immediate family may, upon providing adequate proof, in addition to any bereavement leave to which the officer is eligible, have immediate access to accrued long service leave in weekly multiples and/or leave without pay provided all accrued leave is exhausted.

(6) Travelling Time for Regional Employees

(a) Subject to prior approval from the employer, an employee entitled to bereavement leave and who, as a result of such bereavement, travels to a location within Western Australia that is more than 240 km from their workplace will be granted paid time off for the travel period undertaken in the employee’s ordinary working hours up to a maximum of 15 hours per bereavement.  The employer will not unreasonably withhold approval.

(b) The employer may approve additional paid travel time within Western Australia where the employee can demonstrate to the satisfaction of the employer that more than two days travel time is warranted.

(c) The provisions of clause 25(6) are not available to employees whilst on leave without pay or sick leave without pay.

(d) The provisions of clauses 25(6)(a) and (b) apply as follows:

(i) An employee employed on a fixed term contract for a period greater than 12 months, shall be credited with the same entitlement as a permanent employee for each full year of service and pro rata for any residual portion of employment.

(ii) An employee employed on a fixed term contract for a period less than 12 months shall be credited with the same entitlement on a pro rata basis for the period of employment.

(iii) A part time employee shall be entitled to the same entitlement as a full time employee for the period of employment, but on a pro rata basis according to the number of ordinary hours worked each fortnight.

(iv) For casual employees, the provisions apply to the extent of their agreed working arrangements.

5. Clause 34. – Camping Allowance: Delete paragraph (b) of subclause (7) 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 B. - Camping Allowance of this Award. 

6. Clause 38 – Property Allowance: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) For the purposes of this clause the following expressions shall have the following meanings:

(a) "Agent" means a person carrying on business as an estate agent in a State or Territory of the Commonwealth, being, in a case where the law of that State or Territory provides for the registration or licensing of persons who carry on such a business, a person duly registered or licensed under that law.

(b)  "Dependant" in relation to an officer means:

(i) spouse including defacto partner;

(ii) child/children; or

(iii) other dependant family;

   who resides with the officer and who relies on the officer for support.

(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.

(ii) Disbursements duly paid to a solicitor or a settlement agent necessarily incurred in respect of the sale or purchase of the residence.

(iii) Real Estate Agent's Commission in accordance with that fixed by the Real Estate and Business Agents Supervisory Board, acting under Section 61 of the Real Estate and Business Agents Act 1978, duly paid to an agent for services rendered in the course of and incidental to the sale of the property, the maximum fee to be claimed shall be fifty percent (50%) as set out under Items 1 or 2 - Sales by Private Treaty or Items 1 or 2 - Sales by Auction of the Maximum Remuneration Notice.

(iv) Stamp Duty.

(v) Fees paid to the Registrar of Titles or to the officer performing duties of a like nature and for the same purpose in another State or Territory of the Commonwealth.

(vi) Expenses relating to the execution or discharge of a first mortgage.

(vii) The amount of expenses reasonably incurred by the officer in advertising the residence for sale.

(d)  "Locality" in relation to an officer means:

(i) Within the metropolitan area, that area within a radius of fifty (50) kilometres from the Perth City Railway Station, and

(ii) Outside the metropolitan area, that area within a radius of fifty (50) kilometres from an officer's headquarters when they are situated outside of the metropolitan area.

(e) "Property" shall mean a residence as defined in this clause including a block of land purchased for the purpose of erecting a residence thereon to the extent that it represents a normal urban block of land for the particular locality.

(f) "Residence" includes any accommodation of a kind commonly known as a flat or a home unit that is, or is intended to be, a separate tenement including dwelling house, and the surrounding land, exclusive of any other commercial property, as would represent a normal urban block of land for the particular locality.

(g)  "Settlement Agent" means a person carrying on business as settlement agent in a State or Territory of the Commonwealth, being, in a case where the law of that State or Territory provides for the registration or licensing of persons who carry on such a business, a person duly registered or licensed under the law.

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

7. Schedule A – Named Union Party And Named Employer Party:  Delete “The Director General Department of Education and Training (Western Australia)” and insert the following in lieu thereof:

The Director General Department of Education (Western Australia)

8. Schedule C - District Allowance: Immediately following the end of this Schedule, insert the following map: