2011 WAIRC 00447
GOVERNMENT OFFICERS (SOCIAL TRAINERS) AWARD 1988
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED, THE DISABILITY SERVICES COMMISSION
APPLICANTS
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
COMMISSIONER S J KENNER
DATE TUESDAY, 28 JUNE 2011
FILE NO/S P 7 OF 2011
CITATION NO. 2011 WAIRC 00447

Result Award varied
Representation


CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA MS J O’KEEFE AND WITH HER MS J GAINES

THE DISABILITY SERVICES COMMISSION MS M GILLAM AS AGENT


Order
HAVING heard Ms J O’Keefe and with her Ms J Gaines on behalf of The Civil Service Association of Western Australia Incorporated and Ms M Gillam as agent on behalf of The Disability Services Commission and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –

THAT the Government Officers (Social Trainers) Award 1988 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 15 – ANNUAL INCREMENTS: DELETE THIS CLAUSE AND INSERT THE FOLLOWING IN LIEU THEREOF:

15. – 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".


2. Clause 22 – Annual Leave: Delete subclause (10) of this clause and insert the following in lieu thereof:

(10) Annual Leave Travel Concessions

(a) Employees 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 43(2) – District Allowance of the Public Service Award 1992.

(ii) Employees are required to serve a year in these areas before qualifying for travel concessions. However, officers who have less than a years 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.


Approved Mode of Travel

Travel Concession

Travelling Time
(aa)
Air

Air fare for the Officer, and dependant partner and dependant children

One day each way
(bb)
Road

Full motor vehicle allowance rates, but reimbursement not to exceed the cost of the return air fare for the Officer, dependant partner and dependant children, travelling in the motor vehicle.

North of 20° South Latitude - two and one half days each way. Remainder - two days each way.
(cc)
Air and Road

Full motor vehicle allowance rates for car trip, but reimbursement not to exceed the cost of the return air fare for the Officer. Air fares for the dependant partner and dependant children.

North of 20° South Latitude - two and one half days each way. Remainder - two days each way.


(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 43(2) – District Allowance of the Public Service Award 1992, 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) Employees 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 clause 10 (c), 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 31 – 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 43 – 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.