Civil Service Association of Western Australia Incorporated, The Country High School Hostels Authority -v- (Not applicable)
Document Type: Order
Matter Number: P 4/2011
Matter Description: Country High School Hostels Authority Residential College Supervisory Staff Award 2005
Industry: School
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S J Kenner
Delivery Date: 29 Jun 2011
Result: Award varied
Citation: 2011 WAIRC 00456
WAIG Reference: 91 WAIG 1046
COUNTRY HIGH SCHOOL HOSTELS AUTHORITY RESIDENTIAL COLLEGE SUPERVISORY STAFF AWARD 2005
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED, THE COUNTRY HIGH SCHOOL HOSTELS AUTHORITY
APPLICANTS
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
COMMISSIONER S J KENNER
DATE WEDNESDAY, 29 JUNE 2011
FILE NO/S P 4 OF 2011
CITATION NO. 2011 WAIRC 00456
Result Award varied
Representation
CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA MS J O’KEEFE AND WITH HER MS J GAINES
THE COUNTRY HIGH SCHOOL HOSTELS AUTHORITY MS H DOOLEY AS AGENT
Order
HAVING heard Ms J O’Keefe on behalf of The Civil Service Association of Western Australia Incorporated and Ms H Dooley as agent for the Country High School Hostels Authority and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –
THAT the Country High School Hostels Authority Residential College Supervisory Staff Award 2005 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 8 – Contract of Service: Immediately following paragraph (f) of subclause (2) of this clause, insert the following new paragraph:
(g) Notwithstanding any of the provisions contained in this clause a lesser period of notice may be negotiated between the Authority and the employee.
2. 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 officer’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 employee 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 purpose of this clause “continuous service”, shall not 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 (6) months in one (1) continuous period during which as employee is absent on workers’ compensation. Provided that only that portion of such continuous absence which exceeds six (6) months shall not count as “continuous service”; and
(c) any period that exceeds three (3) months in one (1) continuous period during which an employee is absent on sick leave without pay. Provided that only that portion of such continuous absence that exceeds three (3) months shall not count as “continuous service”.
3. Clause 35 – Bereavement Leave: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) Officers including relief employees shall on the death of:
(a) the spouse or de-facto partner of the employee;
(b) the child, step-child or grandchild of the employee (including an adult child, step-child or grandchild);
(c) the parent, step-parent or grandparent of the employee;
(d) the brother, sister, step brother or step sister; or
(e) any other person who, immediately before that person's death, lived with the employee 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 employee 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.
1
COUNTRY HIGH SCHOOL HOSTELS AUTHORITY RESIDENTIAL COLLEGE SUPERVISORY STAFF AWARD 2005
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Civil Service Association of Western Australia Incorporated, The Country High School Hostels Authority
APPLICANTS
-v-
(Not applicable)
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
Commissioner S J Kenner
DATE wednesday, 29 June 2011
FILE NO/S P 4 OF 2011
CITATION NO. 2011 WAIRC 00456
Result Award varied
Representation
Civil Service Association of Western Australia Ms J O’Keefe and with her Ms J Gaines
The Country High School Hostels Authority Ms H Dooley as agent
Order
HAVING heard Ms J O’Keefe on behalf of The Civil Service Association of Western Australia Incorporated and Ms H Dooley as agent for the Country High School Hostels Authority and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –
THAT the Country High School Hostels Authority Residential College Supervisory Staff Award 2005 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 8 – Contract of Service: Immediately following paragraph (f) of subclause (2) of this clause, insert the following new paragraph:
(g) Notwithstanding any of the provisions contained in this clause a lesser period of notice may be negotiated between the Authority and the employee.
2. 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 officer’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 employee 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 purpose of this clause “continuous service”, shall not 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 (6) months in one (1) continuous period during which as employee is absent on workers’ compensation. Provided that only that portion of such continuous absence which exceeds six (6) months shall not count as “continuous service”; and
(c) any period that exceeds three (3) months in one (1) continuous period during which an employee is absent on sick leave without pay. Provided that only that portion of such continuous absence that exceeds three (3) months shall not count as “continuous service”.
3. Clause 35 – Bereavement Leave: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) Officers including relief employees shall on the death of:
(a) the spouse or de-facto partner of the employee;
(b) the child, step-child or grandchild of the employee (including an adult child, step-child or grandchild);
(c) the parent, step-parent or grandparent of the employee;
(d) the brother, sister, step brother or step sister; or
(e) any other person who, immediately before that person's death, lived with the employee 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 employee 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.
1