GOVERNMENT OFFICERS (STATE GOVERNMENT INSURANCE COMMISSION) AWARD, 1987

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated, The Insurance Commission of Western Australia

APPLICANTS

-v-

(Not applicable)

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Commissioner S J Kenner

DATE WEDNESDAY, 6 July 2011

FILE NO/S P 9 OF 2011

CITATION NO. 2011 WAIRC 00491

Result Award varied

Representation

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

Insurance Commission of Western Australia Mr H Falconer as agent and with him Mr M Hammond as agent

Order

Having heard Ms J O’Keefe and with her Ms S Bhar on behalf of the Civil Service Association of Western Australian Incorporated and Mr H Falconer as agent and with him Mr M Hammond as agent on behalf of the Insurance Commission of Western Australia and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –

THAT the Government Officers (State Government Insurance Commission) Award, 1987 be varied in accordance with the following schedule and that such variation shall have effect on and from date of this order.

Commissioner S J Kenner

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 10. – Part Time Employment: Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) Salary and Annual Increments

(a)                 An employee who is employed on a part-time basis shall be paid a proportion of the appropriate full-time salary dependent upon time worked.  The salary shall be calculated in the following manner:

(b) A part-time employee shall be entitled to annual increments in accordance with Clause 13.  ‘Annual Performance Based Salary Increments’ of this Award, subject to meeting the usual performance criteria pursuant to the provisions of Clause 13.

(c) A part-time employee shall be entitled to the same leave and conditions prescribed in this Award for full time employees.

(d) Payment to an employee proceeding on accrued annual leave and long service leave shall be calculated on a pro rata basis having regard for any variations to the employee's ordinary working hours during the accrual period.

(e) Sick leave and any other paid leave shall be paid at the current salary, but only for those hours or days that would normally have been worked had the employee not been on such leave.

2. Clause 13. - Annual Performance Based Salary Increments: Delete this clause and insert the following in lieu thereof: 

13. - ANNUAL PERFORMANCE BASED SALARY 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 and shall be signed and dated by the employee.

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

(c)  The employee's comments will be considered by the employer and a decision made within 28 calendar days 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 due to age, shall not include:

(a) Any continuous period exceeding 14 calendar days during which the Employee is absent on leave without pay, in which case the entire period is to be excised;

(b) Any continuous period exceeding 6 months during which the Employee is absent on workers' compensation.  Only the period which exceeds 6 months is to be excised; and

(c) Any continuous period exceeding 3 months during which the Employee is absent on sick leave without pay.  Only the period, which exceeds 3 months, is to be excised.

3. Clause 25. – Bereavement Leave: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Employees including casuals 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 employee’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 employee in respect of some other person with whom the employee has a special relationship.