2011 WAIRC 00492
JUVENILE CUSTODIAL OFFICERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED, THE COMMISSIONER, DEPARTMENT OF CORRECTIVE SERVICES
APPLICANTS
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
COMMISSIONER S J KENNER
DATE WEDNESDAY, 6 JULY 2011
FILE NO/S P 10 OF 2011
CITATION NO. 2011 WAIRC 00492

Result Award varied
Representation


CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA MS S BHAR

THE COMMISSIONER, DEPARTMENT OF CORRECTIVE SERVICES MR J CHAPMAN AS AGENT


Order
Having heard Ms S Bhar on behalf of the Civil Service Association of Western Australian Incorporated and Mr J Chapman as agent on behalf of the Commissioner, Department Of Corrective Services and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –

THAT the Juvenile Custodial Officers’ Award be varied in accordance with the following schedule and that such variation shall have effect on and from the date of this order.




COMMISSIONER S J KENNER
PUBLIC SERVICE ARBITRATOR


SCHEDULE

1. Clause 4.3. - Annual Increments: Delete subclauses 4.3.1 and 4.3.2 of this clause and insert the following in lieu thereof:

4.3.1 Employees 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.

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

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

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

(3) 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.

(4) 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.


2. Clause 5.5 – Property Allowance

A. Delete subclause 5.5.1 (3) (a) of this clause and insert the following in lieu thereof:

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

(a) 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 5.5.1 (7) of this clause, insert the following new paragraph:

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


3. Clause 6.1. – Annual Leave: Delete subclause 6.1.10 of this clause and insert the following in lieu thereof:

6.1.10 Annual Leave Travel Concessions

(1) Employees stationed in remote areas

(a) The travel concessions contained in the following table are provided to employees 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 clause 5.2.2. – District Allowance of this Award.

(b) Employees are required to serve a year in these areas before qualifying for travel concessions. However, employees 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 employee who proceeds on annual leave before completing the year's service provided that the employee returns to the area to complete the year's service at the expiration of the period of leave.

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

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

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

(f) Part-time employees 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 employee, 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 employee, 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 employee. 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.

(g) Where employees are entitled to a travel concession under clause 6.1.10 and the employees’ headquarters are situated in District Allowance Areas 3, 4, 5 or 6 as provided for within clause 5.2.2 – 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.

(2) Employees whose headquarters are located 240 kilometres or more from Perth

(a) Employees, other than those designated in clause 6.1.10(1) 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.

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

(a) a partner; and/or

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

who does not have an equivalent entitlement of any kind.

(4) For the purposes of the definitions at clause 6.1.10(3) a child will be considered to rely on the employee 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.


4. Clause 6.7. – Bereavement Leave: Delete subclause 6.7.1 and insert the following in lieu thereof:

6.7.1 Employees, including casuals, shall on the death of:

(1) the employee’s partner;

(2) a child, step-child or grandchild of the employee (including an adult child, step-child or grandchild);

(3) a parent, step-parent or grandparent of the employee;

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

(5) any other person who, at or immediately before the relevant time for assessing the employee’s eligibility to take leave, lived with the employee as a member of the employee’s household;

be eligible for up to two 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.