ELECTORATE OFFICERS AWARD 1986

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Commission's Own Motion

APPLICANT

-v-

(Not applicable)

RESPONDENT

CORAM Acting Senior Commissioner P E Scott

DATE tuesday, 26 june 2012

FILE NO/S APPL 80 OF 2007

CITATION NO. 2012 WAIRC 00399

Result Award varied

Order

HAVING heard Ms J O’Keefe on behalf of The Civil Service Association of Western Australia Incorporated and Ms C Holmes on behalf of the Department of Commerce, and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Electorate Officers Award 1986 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 5th day of April 2012.

Acting Senior Commissioner P E Scott

SCHEDULE

1. Clause 2. – Arrangement: Delete this clause in its entirety and insert the following in lieu thereof:

2. - ARRANGEMENT

1. Title

1B. Minimum Adult Award Wage

2. Arrangement

3. Area of Operation

4. Scope

5. Term of Award

6. Definitions

7. Certificate of Service

8. Resignation, Retirement, Termination and Severance

9. Part-Time Employment

10. Salaries

11. Expired General Agreement Salaries

12. Purchased Leave 44/52 Salary Arrangement

13. Hours of Attendance

14. Annual Leave

15. Public Holidays

16. Long Service Leave

17. Sick Leave

18. Carers Leave

19. Parental Leave

20. Leave Without Pay

21. Study Assistance

22. Short Leave

23. Bereavement Leave

24. Cultural /Ceremonial Leave

25. Blood /Plasma Donors Leave

26. Emergency Service Leave

27. Union Facilities for Union Representatives

28. Leave to Attend Union Business

29. Trade Union Training Leave

30. Defence Force Reserves Leave

31. International Sporting Events Leave

32. Witness and Jury Service

33. Continuity of Service

34. District Allowance

35. Disturbance Allowance

36. Motor Vehicle Allowance

37. Property Allowance

38. Removal Allowance

39. Transfer Allowance

40. Travelling Allowance

41. Consultation

42. Weekend Absence from Residence

43. Right of Entry and Inspection by Authorised Representatives

44. Copies of Award

45. Keeping of and Access to Employment Records

46. Deduction of Union Subscriptions

47. Preservation and Non-Reduction

48. Establishment of Consultative Mechanisms

49. Access to Information and Resources

50. Relief Arrangements

51. Salary Packaging Arrangement

52. Dispute Settlement Procedure

53. Candidates for Election to Parliament

Schedule A Named Parties

Schedule B District Allowance

Schedule C Motor Vehicle Allowance

Schedule D Motor Vehicle Allowance

Schedule E Motor Cycle Allowance

Schedule F Travelling and Transfer Allowance

Schedule G Expired General Agreement Salaries

2. Clause 6. – Definitions: Delete this clause in its entirety and insert the following in lieu thereof:

6. - DEFINITIONS

“Director General” means the person for the time being holding or acting in the office of chief executive employee of the department of the Public Service principally assisting the Minister administering the Constitution Act 1889 in that administration.

“Electorate Officer” means the person appointed to be an electorate employee -

(1) to assist a member of the Legislative Council or a member of the Legislative Assembly in dealing with constituency matters; or

(2) to assist the secretary of a parliamentary political party.

“Employee” means an Electorate Officer as defined.

“Employer” means -

(1) The President, acting on the recommendation of the Director General, is the employer of each electorate employee appointed to assist -

(a) a member of the Legislative Council in dealing with constituency matters; or

(b) the secretary of a parliamentary political party who is a member of the Legislative Council,

and

(2) The Speaker, acting on the recommendation of the Director General, is the employer of each electorate employee appointed to assist -

(a) a member of the Legislative Assembly in dealing with constituency matters; or

(b) the secretary of a parliamentary political party who is a member of the Legislative Assembly.

“Member” means the Member of either the Legislative Council or Legislative Assembly in whose electorate office the employee works.

“De Facto Partner” means a relationship (other than a legal marriage) between two persons who live together in a marriage-like relationship and includes same sex partners.

“Partner” means either spouse or de facto partner.

“Spouse” means a person who is lawfully married to that person.

“Union” means the Civil Service Association of Western Australia Incorporated.

3. Clause 8. – Resignation, Retirement, Termination and Severance: Delete this clause in its entirety and insert the following in lieu thereof:

8. - RESIGNATION, RETIREMENT, TERMINATION AND SEVERANCE

(1) Resignation, Retirement and Early Termination of Employment.

(a) No employee shall leave the employ of the employer until the expiration of four weeks written notice of the employee's intention to do so without the approval of the employer.  An employee who fails to give the required notice shall forfeit the sum of five hundred dollars unless agreement is reached between the employer and the employee for a shorter period of notice than that specified.  Such monies shall be withheld from monies due at the date of resignation.

(b) Four weeks written notice shall be given by the employer to an employee whose services are no longer required.  Provided that the employer may pay the employee four weeks’ salary in lieu of said notice.

(c) The employer may summarily dismiss an employee deemed guilty of gross misconduct or neglect of duty and the employee shall not be entitled to any notice or payment in lieu of notice.

(d) An employee having attained the age of 55 years shall be entitled to retire from the employ of the employer.

(2) Expiration of the Contract of Employment.

(a) An employee's contract of service terminates when the Member for whom the employee works ceases to hold office.

(b) For the purposes of this clause, an employee's contract shall be deemed to have expired (terminated) if, through no fault of the employee, his or her services are no longer required and the Member for whom the employee works;

(i) dies, resigns or retires; or

(ii) is not re-elected for a second or subsequent term of office;

(iii) is not required following changes to electoral boundaries; or

(iv) other circumstances as agreed between the employer and the Union.

(c) The termination date for employee's working for Members of the Legislative Assembly who fail to be re-elected, including Members whose seats are the subject of a recount, is the date of the State General Election.

(d) The termination date for employees working for Members of the Legislative Council who fail to be re-elected is 21 May of the year of the General Election for the Legislative Council.  An electorate employee in this situation shall only be entitled to the four weeks’ notice of termination as prescribed in subclause (3)(a)(i) of this clause, if that date of that General Election for the Legislative Council is less than four weeks prior to that 21 May.

(e) In the event of a by-election the termination date of an employee shall be the date of the by-election.

(3) Severance Benefits Payable

(a) An employee whose contract expires in accordance with the provisions of subclause (2)(b) of this clause is entitled to a termination payment which shall be paid as follows:

(i) Where the employment is terminated in accordance with paragraph (b) of subclause (2) of this clause; four weeks’ notice of termination, or equivalent salary in lieu of such notice;

(ii) termination pay at the rate of two weeks’ salary for each year of service to a maximum of 48 weeks;

(iii) the monetary value of any accrued and pro rata annual leave and long service leave due upon the date of expiration of the contract; and

(iv) annual leave loading payment on accrued annual leave.

(b) The termination payment contained in this subclause shall not be payable to persons who:

(i) Immediately following the expiration of their employment contract in accordance with the provisions of subclause (2) of this clause, are re-employed with another Member of Parliament in the same calling;

(ii) are engaged for fixed periods to fill a vacancy caused through the absence of an electorate employee on sick, recreation, or other approved leave, or to fill a temporary vacancy pending the appointment of a substantive electorate employee; or

(iii) cease employment for the purposes of retirement.

(c) Should the employee be appointed or employed as an Electorate Officer before the expiry of:

(i) the number of weeks in respect of which the person received a severance payment under this subclause, and

(ii) the number of weeks in respect of which the person received cash payment in lieu of accrued annual leave or long service leave,

the employee shall be liable to repay an amount equal to the difference between the number of weeks for which the termination payment was made, and the number of weeks which elapsed between termination and re-employment.

4. Clause 9. – Part-Time Employment: Delete this clause in its entirety and insert the following in lieu thereof:

9. - PART-TIME EMPLOYMENT

(1) Definitions

(a) Part-time employment is defined as regular and continuing employment of less than 37.5 hours per week.

(2) Part-Time Agreement

(a) Each part-time arrangement shall be confirmed in writing and shall include the agreed period of the arrangement, and the agreed hours of duty in accordance with sub clause (3) of this clause.

(b) The conversion of a full-time employee to part-time employment can only implemented with the written consent or by written request of that employee.  No employee may be converted to part-time employment without the employee’s prior agreement.

(3) The Hours of Duty will be in accordance with Clause 13. - Hours of Attendance of this Award.

(a) The employer shall specify in writing before a part-time employee commences duty, the prescribed weekly and daily hours of duty for the employee including starting and finishing times each day ("ordinary hours").

(b) The employer shall give an employee one (1) months’ notice of any proposed variation to that employee's starting and finishing times and/or particular days worked, provided that the employer shall not vary the employee's total weekly hours of duty without the employee's prior written consent, a copy of which shall be sent to the designated employee at the Union.

(c) Notwithstanding paragraph (b) of this subclause whenever agreement in writing is reached for a temporary variation to an employee’s ordinary working hours -

(i) Time worked to 7½ hours on any day is not to be regarded as overtime but an extension of the contract hours for that day and should be paid at the normal rate of pay.

(ii) Additional days worked, up to a total of five days per week, are also regarded as an extension of the contract and should be paid at the normal rate.

(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 10.  – Salaries of this Award, subject to meeting the usual performance criteria.

(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. 

(5) Public Holidays

A part-time employee shall be allowed the prescribed Public Holidays without deduction of pay in respect of each holiday, which is observed on a day ordinarily worked by the part-time employee.

(6) Right of Reversion of Employees

(a) Where a full-time employee is permitted at their initiative to work part-time for a specified period no greater than 12 months, that employee has a right upon written application to revert to full-time hours in that position, or a position of equal classification, as soon as is deemed practicable by the employer but no later than the expiry of the agreed period.

In the event that the employee wishes to revert to full-time prior to the expiration of the specified period and subject to the consent of the employer and the employee involved, this subclause shall not prevent the transfer of said employee by the employer to another full-time position at a classification commensurate to that of their previous full-time position.

(b) A full-time employee who is permitted at his or her initiative to work part-time for an unspecified period may apply to revert to full-time hours in that position, but only as soon as deemed practicable by the employer.

Subject to the consent of the employer and the employee involved, this subclause shall not prevent the transfer of said employee by the employer to another full-time position at a classification commensurate to that of their previous full-time position.

(c) A part-time employee who was previously a full-time employee within the Electorate Office who occupies a part-time office which was the initiative of the employer and who desires to revert to full-time employment will be required to seek a full-time position by:

(i) application for advertised vacancies; and/or

(ii) by notification in writing to the employer of their desire to revert to full-time employment.

(7) The number or proportion of part-time employees employed by Joint House Committee shall not exceed any number or proportion that may be agreed in writing between the Union and the employer.

5. Clause 10. – Salaries: Delete this clause in its entirety and insert the following in lieu thereof:

10. - SALARIES

(1) The annual salaries applicable to employees covered by this Award shall be as follows:

(2) Subject to the provisions of Clause 13. - Hours of Attendance, the salaries of employees as prescribed in this Award includes payment for all hours worked, including penalties for overtime and shift work.

(3) Annual Increments

(a) 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.

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

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

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

(iii) 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.

(iv) 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.

(c) The non-payment of an increment will not change the normal anniversary date of any further increment payments. 

(4) Payment of Salaries

(a) Salaries shall be paid fortnightly but, where the usual payday falls on a public holiday, payment shall be made on the previous working day.

(b) A fortnight's salary shall be computed by dividing the annual salary by 313 and multiplying the result by 12.

(c) The hourly rate shall be computed as one seventy-fifth of the fortnight's salary.

(d) Salaries shall be paid by direct funds transfer to the credit of an account nominated by the employee at a bank, building society or credit union approved by the employer.

6. Clause 12. – Purchased Leave 44/52 Salary Arrangement: Delete this clause in its entirety and insert the following in lieu thereof:

12. – PURCHASED LEAVE 44/52 SALARY ARRANGEMENT

(1) The employer and an employee may agree to enter into an arrangement whereby the employee can purchase up to eight (8) weeks additional leave. 

(2) The employer will assess each application for a 44/52-salary arrangement on its merits and give consideration to the personal circumstances of the employee seeking the arrangement.

(3) Where an employee is applying for purchased leave of between five (5) and eight (8) weeks the employer will give priority access to those employees with carer responsibilities.

(4) Access to this entitlement will be subject to the employee having satisfied the agency’s accrued leave management policy.

(5) The employee can agree to take a reduced salary spread over the 52 weeks of the year and receive the following amounts of purchased leave:

(6) The purchased leave will not be able to be accrued.  The employee is to be entitled to pay in lieu of the purchased leave not taken.  In the event that the employee is unable to take such purchased leave, his/her salary will be adjusted on the last pay period in January to take account of the fact that time worked during the year was not included in the salary.

(7) In the event that a part time employee’s ordinary working hours are varied during the year, the salary paid for such leave taken will be adjusted on the last pay in January to take into account any variations to the employee’s ordinary working hours during the previous year.

7. Clause 13. – Hours of Attendance: Delete this clause in its entirety and insert the following in lieu thereof:

13. - HOURS OF ATTENDANCE

(1) The normal time of attendance for employees shall be 75 hours per fortnight and shall be worked between the hours of 8.00 a.m.  and 6.00 p.m.  on Monday to Friday inclusive.

Notwithstanding this, the Member of Parliament to whom the employee works may vary the hours prescribed provided that, where possible, work will not be conducted outside the prescribed hours of duty without reasonable prior consultation between the Member and the employee, or the Union and with due consideration given to the employee's personal commitments.

(2) A lunch break of not less than 30 minutes and not greater than two hours shall be allowed between the hours of 12 noon and 2.00 p.m.

(3) An employee shall not be required to continue working for more than five hours without a meal break.

8. Clause 14. – Annual Leave: Delete this clause in its entirety and insert the following in lieu thereof:

14.  – ANNUAL LEAVE

(1) Definitions:

(a) Accrued leave - is the leave an employee is entitled to from a previous calendar year.

(b) Pro-rata leave - is the proportion of leave that an employee is entitled to in the current year, either from the date of commencement, or to the date of cessation.

(2) Entitlement

(a) Each employee is entitled to four weeks paid leave for each year of service.  Annual leave shall be calculated on a calendar year basis commencing on January 1 in each year.

(b) To assist employees in balancing their work and family responsibilities, an employee may elect, with the consent of the employer, to accrue and carry forward a maximum of two years annual leave from the date of the entitlement.

(c) On written application, an employee shall be paid salary in advance when proceeding on annual leave.

(d) The provisions of this clause apply to relief employees, in accordance with Clause 50. - Relief Arrangements of this Award.

(3) Pro rata Annual Leave

(a) Entitlement

(i) An employee employed after the first day of January in any year is entitled to pro rata annual leave for that year calculated on a daily basis.  At the end of each calendar day of the year the employee will accrue 0.411 hours of paid annual leave provided the maximum accrual will not exceed 150 hours for each completed calendar year of service.

(ii) Where employers have systems in place which record and report pro rata accrual of annual leave entitlements in a manner other than prescribed by this clause, that method of accrual may continue provided the system provides the same accrual over a full year.  Employers must ensure that upon the cessation of employment, all pro rata annual leave entitlements accrued are equivalent to the pro rata annual leave entitlement provided by clause 14 (3) (a) (i). 

(b) An employee may take annual leave during the calendar year in which it accrues or anytime thereafter, but the time during which the leave may be taken is subject to the approval of the employer.

(c) An employee who has been permitted to proceed on annual leave and who ceases duty before completing the required continuous service to accrue the leave, must refund the value of the unearned pro rata portion, calculated at the rate of salary as at the date the leave was taken, but no refund is required in the event of the death of an employee.

(4) Part-time entitlement

A part-time employee shall be granted annual leave in accordance with this clause, however payment to a part-time employee proceeding on annual leave shall be calculated having regard for any variations to the employee's ordinary working hours during the accrual period.

(5) Compaction of Annual Leave

An employee who, during an accrual period was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee's ordinary working hours at the time of commencement of annual leave, may elect to take a lesser period of annual leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of annual leave.

(6) Additional leave for the North West

(a) Employees whose headquarters are located north of 26o South Latitude shall receive an additional five working days annual leave on the completion of each year of continuous service in the region.

(b) An employee who proceeds on annual leave before having completed the necessary year of continuous service may be given approval for the additional five working days leave provided the leave is taken at departmental convenience and provided the employee returns to that region to complete the necessary service.

(c) Where an employee has served continuously for at least a year north of the 26o South Latitude, and leaves the region because of transfer, a pro rata annual leave credit to be cleared at employer convenience shall be approved on the following basis:

(d) Where payment in lieu of pro rata annual leave is made on the death, resignation or retirement of an employee in the region, in addition to the payment calculated on a four week basis, payment may be made for the pro rata entitlement contained in subclause (3) of this clause.

(7) Portability

(a) Where an employee was, immediately prior to being employed as an employee under this award was employed in any Western Australian State body or statutory authority, the employer shall approve portability of accrued and pro rata annual leave entitlements held at the date the employee ceased that previous employment, provided that:

(i) the employee's employment as an employee under this Award commenced no later than one week after ceasing the previous employment; and

(ii) the employee was not paid out all or part of the accrued and pro rata annual leave entitlements held at the time of ceasing that previous employment.

(8) Subject to paragraph (2)(b) of this clause, the employer may direct an employee to take accrued annual leave and may determine the date on which such leave shall commence.  Should the employee not comply with the direction, disciplinary action may be taken against the employee.

(9) Annual Leave Travel Concessions

(a)                 Employees stationed in remote areas

(i)                  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 subclause 34(2) – District Allowance of the this Award.

(ii)                Employees are required to serve a year in these areas before qualifying for travel concessions.  However, employees who have less than a year’s 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 years’ service provided that the employee returns to the area to complete the years’ 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 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. 

(vii) Where employees are entitled to a travel concession under clause 14 (9) and the employees’ headquarters are situated in District Allowance Areas 3, 4, 5 or 6 as provided for within subclause 34(2) – District Allowance of the 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.

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

 Employees, other than those designated in paragraph (9)(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 employee for their main financial support; 

who does not have an equivalent entitlement of any kind.

(d) For the purposes of the definitions at clause 9 (c), 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.

(10) Leave Loading

(a) Subject to the provisions of paragraphs (b) and (f) of this subclause, a loading equivalent to 17.5% of normal salary is payable to employees proceeding on annual leave, including accumulated annual leave.

(b) Maximum Loading

(i) Subject to the provisions of paragraph (e) of this subclause the loading is paid on a maximum of four weeks annual leave.  Payment of the loading is not made on additional leave granted for any other purpose (eg to employees whose headquarters are located North of the 26o South Latitude).

(ii) Maximum payment shall not exceed the Average Weekly Total Earnings of all Males in Western Australia, as published by the Australian Bureau of Statistics, for the September quarter of the year immediately preceding that in which the leave commences.

(c) Annual leave commencing in any year and extending without a break into the following year attracts the loading calculated on the salary applicable on the day the leave commenced.

(d) The loading payable on approved accumulated annual leave shall be at the rate applicable at the date the leave is commenced.  Under these circumstances an employee can receive up to the maximum loading for the approved accumulated annual leave in addition to the loading for the current year’s entitlement.

(e) A pro rata loading is payable on periods of approved annual leave less than four weeks.

(f) The loading is calculated on the rate of the normal fortnightly salary including any allowances which are paid as a regular fortnightly or annual amount.

(g) Part-time employees shall be paid a proportion of the annual leave loading at the salary rate applicable, provided that the maximum loading payable shall be calculated in accordance with the following:

(h) An employee who has been permitted to proceed on annual leave and who ceases duty other than by resignation before completing the required continuous service to accrue the leave must refund the value of the unearned pro rata portion of leave loading but no refund is required in the event of the death of an employee.

(i) An employee who has been permitted to proceed on annual leave and who resigns must refund the value of the loading paid for leave other than accrued leave.

(11) Lump Sum Payments

(a) On application to the employing authority, a lump sum payment for the money equivalent of any -

(i) accrued annual leave as prescribed by subclause (2) and (6) of this clause shall be made to employee who resigns, retires, is retired or is dismissed unless the misconduct for which the employee has been dismissed occurred prior to the completion of the qualifying period , or in respect of an employee who dies;

(ii) pro rata annual leave shall be made to an employee who resigns, who retires, is retired or in respect of an employee who dies, but not an employee who is dismissed; and

(b) In the case of a deceased employee, payment shall be made to the estate of the employee unless the employee is survived by a legal dependant, approved by the employer, in which case payment shall be made to the legal dependant.

(c) Where payment in lieu of accrued or pro rata annual leave is made on the death, dismissal, resignation or retirement of an employee, a loading calculated in accordance with the terms of this clause is to be paid.  Provided that no loading shall be payable in respect of pro rata annual leave paid on resignation or where an employee is dismissed for misconduct.

9. Clause 16. – Long Service Leave: Delete this clause in its entirety and insert the following in lieu thereof:

16. - LONG SERVICE LEAVE

(1) Each employee who has completed a period of 7 years of continuous service shall be entitled to 13 weeks of long service leave on full pay.

Employees may by agreement with their employer, clear any accrued entitlement to long service leave in minimum periods of one (1) day.

(2) Each employee is entitled to an additional 13 weeks of long service leave on full pay for each subsequent period of 7 years of continuous service.

(3) A part-time employee shall have the same entitlement to long service leave, as full time employees however payment made during such periods of long service leave shall be adjusted according to the hours worked by the employee during that accrual period.

(4) For the purpose of determining an employee’s long service leave entitlement, the expression “continuous service” includes any period during which the employee is absent on full pay or part pay from duties as an employee under this award, but does not include:

(a) any period exceeding two weeks during which the employee is absent on leave without pay or unpaid parental leave, except where leave without pay is approved for the purpose of fulfilling an obligation by the Government of Western Australia to provide staff for a particular assignment external to the Public Sector of Western Australia;

(b) any period during which an employee is taking long service leave entitlement or any portion thereof except in the case of subclause (9) when the period excised will equate to a full entitlement of 13 weeks;

(c) any service by an employee who resigns, is dismissed or whose services are otherwise terminated other than service prior to such resignation, dismissal or termination when that prior service has actually entitled the employee to the long service leave under this clause;

(d) any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave.

(5) A long service leave entitlement, which fell due prior to March 16, 1988, amounted to three months.  A long service leave entitlement, which falls due on or after that date, shall amount to thirteen weeks.

(6) Any Public Holiday or days in lieu of the repealed public service holidays occurring during an employee’s absence on long service leave shall be deemed to be a portion of the long service leave and extra days in lieu thereof shall not be granted.

(7) The employer may direct an employee to take accrued long service leave and may determine the date on which such leave shall commence.  Should the employee not comply with the direction, disciplinary action may be taken against the employee.

(8) An employee who has elected to retire at or over the age of 55 years and who will complete not less than 12 months continuous service before the date of retirement may take application to the employer to take pro rata long service leave before the date of retirement, based on continuous service of a lesser period than that prescribed by this clause for a long service entitlement.

(9) Compaction of leave

(a) An employee who, during an accrual period was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee’s ordinary working hours at the time of commencement of long service leave, may elect to take a lesser period of long service leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of long service leave.

(b) Notwithstanding subclause (5) of this clause, an employee who has elected to compact an accrued entitlement to long service leave in accordance with paragraph (9)(a) of this clause, shall only take such leave in any period on full pay, and the period excised as “continuous service” shall be 13 weeks.

(10) Portability

(a) Where an employee was, immediately prior to being employed was in the service of:

• The Commonwealth of Australia, or

• Any other State Government of Australia, or

• Any Western Australian State body or statutory authority

and the period between the date when the employee ceased previous employment and the date of commencing employment does not exceed one week, that employee shall be entitled to long service leave determined in the following manner:

(i) the pro rata portion of long service leave to which the employee would have been entitled up to the date of appointment, shall be calculated in accordance with the provisions that applied to the previous employment referred to, but in calculating that period of pro rata long service leave, any long service leave taken or any benefit granted in lieu of any such long service leave during that employment shall be deducted from any long service leave to which the employee may become entitled under this clause; and

(ii) the balance of the long service leave entitlement of the employee shall be calculated upon appointment in accordance with the provisions of this clause.

(b) Nothing in this clause confers or shall be deemed to confer on any employee previously employed by the Commonwealth or by any other State of Australia any entitlement to a complete period of long service leave that accrued in the employee’s favour prior to the date on which the employee commenced employment as an employee under this award.

(11) Half Pay

Subject to the employer’s convenience, an employer may approve an employee’s application to take long service leave on full pay or half pay.  In the case of long service leave which falls due on or after March 16, 1988 portions in excess of four weeks shall be in multiples of one week’s entitlement.

(12) Lump Sum Payments

(a) On application to the employing authority, a lump sum payment for the money equivalent of any -

(i) Long service leave entitlement for continuous service as prescribed by subclause (1) and (2) of this clause shall be made to employee who resigns, retires, is retired or is dismissed or in respect of an employee who dies;

(ii) pro rata long service leave based on continuous service of a lesser period than that prescribed by subclause (1) and (2) of this clause for a long service leave entitlement shall be made -

(aa) to an employee who retires at or over the age of 55 years or who is retired on the grounds of ill health, if the employee has completed not less than 12 months continuous service before the date of retirement;

(bb) to an employee who, not having resigned, is retired by the employer for any other cause, if the employee has completed not less than 3 years continuous service before the date of retirement;

(cc) in respect of an employee who dies, if the employee has completed not less than 12 months continuous service before the date of death.

(b) In the case of a deceased employee, payment shall be made to the estate of the employee unless the employee is survived by a legal dependant, approved by the employer, in which case payment shall be made to the legal dependant.

(c) The calculation of the amount due for long service leave accrued and for pro rata long service leave shall be made at the rate of salary of an employee at the date of retirement or resignation or death, whichever applies.

(13) Long Service Leave on Double Pay

(a) Employees may by agreement with their employer, access any portion of an accrued entitlement to long service leave on double pay for half the period accrued.  In these circumstances the leave actually taken is 50 percent of the accrued entitlement accessed.

(b) Where employees proceed on long service leave on double pay in accordance with this subclause, the entitlement accessed is excised for the purpose of continuous service in accordance with subclause (5) of this clause.

(14) Cash Out of Accrued Long Service Leave Entitlement

(a) Employees may by agreement with their employer, cash out any portion of an accrued entitlement to long service leave, provided the employee proceeds on a minimum of ten (10) days annual leave in that calendar year.

(b) Where employees cash out any portion of an accrued entitlement to long service leave in accordance with this subclause, the entitlement accessed is excised for the purpose of continuous service in accordance with subclause (5) of this clause.

10. Clause 17. – Sick Leave: Delete this clause in its entirety and insert the following in lieu thereof:

17.  – SICK LEAVE

(1) For the purposes of this clause "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 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) Entitlement

(a) The employer shall credit each full-time Electorate Officer with the following sick leave credits, which shall be cumulative:

(b) A part-time Electorate Officer shall be entitled to the same sick leave credits, on a pro rata basis according to the number of hours worked each fortnight.  Payment for sick leave shall only be made for those hours that would normally have been worked had the employee not been on sick leave.

(c) The provisions of this clause do not apply to ad hoc relief employees, as described in clause 50. – Relief Employees.

(3) Evidence

(a) An application for sick leave exceeding two consecutive working days shall be supported by evidence to satisfy a reasonable person.

(b) The amount of sick leave granted without the production of evidence to satisfy reasonable person required in paragraph (a) of this subclause shall not exceed, in the aggregate, 5 working days in any one-credit year.

(4) Where an application for sick leave is supported by the certificate of a registered medical practitioner, a further certificate from a registered medical practitioner nominated by the employer may be required and if that certificate does not confirm or substantially confirm the certificate of the medical practitioner, the employee making the application for sick leave shall pay the fee due to the nominated medical practitioner in respect of the certificate.

(5) Where the employer has occasion for doubt as to the cause of the illness or the reason for the absence, the employer may arrange for a registered medical practitioner to visit and examine the employee, or may direct the employee to attend the medical practitioner for examination.  If the report of the medical practitioner does not confirm that the employee is ill, or if the employee is not available for examination at the time of the visit of the medical practitioner, or fails, without reasonable cause, to attend the medical practitioner when directed to do so, the fee payable for the examination, appointment or visit shall be paid by the employee.

(a) If the employer has reason to believe that an employee is in such a state of health as to render a danger to fellow employees or the public, the employee may be required to obtain and furnish a report as to their condition from registered medical practitioner nominated by the employer.  The fee for any such examination shall be paid by the employer.

(b) Upon receipt of the medical report, the employer may direct the employee to be absent from duty for a specified period or, if already on leave of absence, direct the employee to continue on leave for a specified period.  Such leave shall be regarded as sick leave.

(6) (a) Upon report by a registered medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by Commonwealth or State law in respect of that disease, an employee is unable to attend for duty, the employee concerned may be granted sick leave or, at the option of the employee, the whole or any portion of the leave may be deducted from accrued annual leave or long service leave.

(b) Leave granted under paragraph (a) of this subclause shall not be granted for any period beyond the earliest date at which it would be practicable for the employee to resume duty, having regard to the restrictions imposed by law.

(7) Where an employee is ill during the period of annual leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the employer that as a result of the illness the employee was confined to their place of residence or a hospital for a period of at least seven consecutive calendar days, the employer may grant sick leave for the period during which the employee was so confined and reinstate annual leave equivalent to the period of confinement.

(8) Where an employee is ill during the period of long service leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the employer that as a result of illness the employee was confined to their place of residence or a hospital for a period of at least 14 consecutive calendar days, the employer may grant sick leave for the period during which the employee was so confined and reinstate long service leave equivalent to the period of confinement.

(9) An employee who is absent on leave without pay is not eligible for sick leave during the currency of that leave without pay.

(10) No sick leave shall be granted with pay, if the illness has been caused by the misconduct of the employee in the course of the employee’s employment or in any case of absence from duty without sufficient cause.

(11) Where an employee who has been retired from employment under this Award on medical grounds resumes duty therein, sick leave credits at the date of retirement shall be reinstated.  This provision does not apply to an employee who has resigned from employment under this Award and is subsequently reappointed.

(12) Workers’ Compensation

Where an employee suffers a disability within the meaning of section 5 of the Workers’ Compensation & Injury Management Act 1981, which necessitates that employee being absent from duty, sick leave with pay shall be granted to the extent of sick leave credits.  In accordance with section 80(2) of the Workers’ Compensation & Injury Management Act 1981 where the claim for workers’ compensation is decided in favour of the employee, sick leave credit is to be reinstated and the period of absence shall be granted as sick leave without pay.

(13) War Caused Illnesses

(a) An employee who produces a certificate from the Department of Veterans’ Affairs stating that the employee suffers from war caused illness may be granted special sick leave credits of 112 hours 30 minutes (15 standard hour days) per annum on full pay in respect of that war caused illness.  These credits shall accumulate up to a maximum credit of 337 hours and 30 minutes (45 standard hour days), and shall be recorded separately to the employee’s normal sick leave credit.

(b) Every application for sick leave for war caused illness shall be supported by a certificate from a registered medical practitioner as to the nature of the illness.

(14) Portability

(a) The employer shall credit an employee additional sick leave credits up to those held at the date that employee ceased previous employment provided:

(i) immediately prior to commencing employment as an employee under this award the employee was employed in the service of:

• The Commonwealth Government of Australia, or

• Any other State of Australia, or

• In a State body or statutory authority;

(ii) the employee’s employment as an employee under this award commenced no later than one week after ceasing previous employment.

(b)                 The maximum break in employment permitted by subparagraph (a)(ii) of this subclause, may be varied by the approval of the employer provided that where employment commenced more than one week after ceasing the previous employment, the period in excess of one week does not exceed the amount of accrued and pro rata annual leave paid out at the date the employee ceased with the previous employer.

11. Clause 18 – Carers Leave: Delete this clause and insert the following in lieu thereof:

(1) Employees are entitled to use, each year, up to up to ten (10) days of the employee’s sick leave entitlement per year to provide care and support to a member of the employee’s family or household who requires care and support because of:

 (a) an illness or injury of the member; or

(b) an unexpected emergency affecting the member.

(2) An employee shall, wherever practical, give the employer notice of the intention to take carers leave and the estimated length of absence.  If it is not practicable to give prior notice of absence employees shall notify the employer as soon as possible on the first day of absence. Where possible, an estimate of the period of absence from work shall be provided.

(3) Employees shall provide, where required by the employer, evidence to establish the requirement to take carers leave.  An application for carers leave exceeding two (2) consecutive working days shall be supported by evidence that would satisfy a reasonable person of the entitlement.

(4) The definition of family shall be the definition of “relative” contained in the Western Australian Equal Opportunity Act 1984. That is, a person who is related to the employee by blood, marriage, affinity or adoption and includes a person who is wholly or mainly dependent on, or is a member of the household of, the employee. “Member of the employee’s household” means a person who, at or immediately before the relevant time for assessing the employee’s eligibility to take leave, lived with the employee.

(5) Carers leave may be taken on an hourly basis or part thereof.

(6) Where an employee cannot take paid carer's leave for a particular occasion, an employee is entitled to unpaid carer's leave of up to two days for each occasion on which a member of the employee's family or household requires care and support because of:

(a) an illness or injury of the member;

(b) an unexpected emergency affecting the member; or

(c) the birth of a child by the member.

12. Clause 19. – Parental Leave: Delete this clause and insert the following in lieu thereof:

19. - PARENTAL LEAVE

(1)  Definitions

(a) "Employee" includes full time and part time Electorate Officers and “eligible” ad hoc relief employees.

(b) An ad hoc relief employee is “eligible” if the employee -

(i) has been engaged by the public sector on a regular and systematic basis for a sequence of periods of employment during a period of at least twelve (12) months; and

(ii) but for an expected birth of a child to the employee or the employee’s partner or an expected placement of a child with the employee with a view to the adoption of the child by the employee, would have a reasonable expectation of continuing engagement by the Employer on a regular and systematic basis.

(c) Without limiting 19(1)(b), an ad hoc relief employee is also “eligible” if the employee –

(i) was engaged by the public sector on a regular and systematic basis for a sequence of periods during a period (the first period of employment) of less than twelve (12) months; and

(ii) at the end of the first period of employment, the employee ceased, on the employer’s initiative, to be so engaged by the public sector employer; and

(iii) the public sector employer later again engaged the employee on a regular and systematic basis for a further sequence of periods during a period (the second period of employment) that started not more than three months after the end of the first period of employment; and

(iv) the combined length of the first period of employment and the second period of employment is at least twelve (12) months; and

(v) the employee, but for an expected birth of a child to the employee or the employee’s  partner or an expected placement of a child with the employee with a view to adoption of the child by the employee, would have a reasonable expectation of continuing engagement in the public sector on a regular and systematic basis.

(d) "Primary Care Giver" is the employee who will assume the principal role for the care and attention of a child/children. The employer may require confirmation of primary care giver status.

(e) "Public sector" means an employing authority as defined in Section 5 of the Public Sector Management Act 1994.

(f) "Replacement Employee" is an employee specifically engaged to replace an employee proceeding on parental leave.

(2)  Entitlement to Parental and Partner Leave

(a)  An employee is entitled to a period of up to 52 weeks unpaid parental leave in respect of the:

(i)  birth of a child to the employee or the employee's partner; or

(ii)  adoption of a child who is not the child or the stepchild of the employee or the employee's partner; is under the age of five (5); and has not lived continuously with the employee for six (6) months or longer.

(b)  An employee, other than an ad hoc relief employee, identified as the primary care giver of a child and who has completed twelve months continuous service in the Western Australian public sector shall be entitled to fourteen weeks of paid parental leave which will form part of the 52 week entitlement provided in subclause (2)(a) of this clause:

(c) An employee may take the paid parental leave specified in paragraph (2)(b) at half pay for a period equal to twice the period to which the employee would otherwise be entitled

(d)  A pregnant employee can commence the period of paid parental leave any time up to six (6) weeks before the expected date of birth and no later than four (4) weeks after the birth.  Any other primary care giver can commence the period of paid parental leave from the birth date or for the purposes of adoption from the placement of the child but no later than four (4) weeks after the birth or placement of the child.

(e)  Paid parental leave for primary care purposes for any one birth or adoption shall not exceed fourteen weeks.

(f)  The paid and unpaid parental leave entitlement up to a maximum of 52 weeks may be shared between partners assuming the role of primary care giver.

(g)  Parental leave may only be taken concurrently by an employee and his or her partner as provided for in subclause (3) or under special circumstances with the approval of the employer.

(h)  Where less than the standard parental leave is taken the unused portion of the period of paid or unpaid leave cannot be preserved in any way.

(i)  An employee may elect to receive pay in advance for the period of paid parental leave at the time the parental leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid parental leave.

(j)  An employee is eligible, without resuming duty, for subsequent periods of parental leave in accordance with the provisions of this clause.

(3) Birth of a child

(a)  An employee shall provide the employer with a medical certificate from a registered medical practitioner naming the employee, or the employee's partner confirming the pregnancy and the estimated date of birth.

(b)  If the pregnancy results in other than a live child or the child dies in the fourteen weeks immediately after the birth, the entitlement to paid parental leave remains intact.

(4)  Adoption of a child

(a) An employee seeking to adopt a child shall be entitled to two (2) days unpaid leave to attend interviews or examinations required for the adoption procedure.  Employees working or residing outside the Perth metropolitan area are entitled to an additional day’s unpaid leave.  The employee may take any paid leave entitlement in lieu of this leave.

(b) If an application for parental leave has been granted for the adoption of a child, which does not eventuate, then the period of paid or unpaid parental leave is terminated.  Employees may take any other paid leave entitlement in lieu of the terminated parental leave or return to work.

(5)  Partner Leave

(a) An employee who is not a primary care giver shall be entitled to a period of unpaid partner leave of up to one (1) weeks at the time of the birth of a child/children to his or her partner.  In the case of adoption of a child this period shall be increased to up to three (3) weeks unpaid leave.

(b) The employee may request to extend the period of unpaid partner leave up to a maximum of eight weeks.

(c) The employer is to agree to an employee’s request to extend their partner leave under 19(5)(b) unless:

(i) having considered the employee’s circumstances, the employer is not satisfied that the request is genuinely based on the employee’s parental responsibilities; or

(ii) there are grounds to refuse the request relating to its adverse effect on the employer’s business and those grounds would satisfy a reasonable person. These grounds include, but are not limited to:

· cost;

· lack of adequate replacement staff;

· loss of efficiency; and

· impact on the production or delivery of products or services by the employer.

(d) The employer is to give the employee written notice of the employer’s decision on a request for extended partner leave. If the employee’s request is refused, the notice is to set out the reasons for the refusal.

(e) An employee who believes their request for extended partner leave under 19(5)(b) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the employer to demonstrate that the refusal was justified in the circumstances. 

(f) The taking of partner leave by an employee shall have no effect on their or their partner’s entitlement, where applicable, to paid parental leave under this clause.

(6)  Other leave entitlements

(a)  An employee proceeding on unpaid parental leave may elect to substitute any part of that leave with accrued annual leave or long service leave for the whole or part of the period of unpaid parental leave.

(b)  Subject to all other leave entitlements being exhausted an employee shall be entitled to apply for leave without pay following parental leave to extend their leave by up to two (2) years. The employer is to agree to a request to extend their leave unless:

(i) having considered the employee’s circumstances, the employer is not satisfied that the request is genuinely based on the employee’s parental responsibilities; or

(ii) there are grounds to refuse the request relating to its adverse effect on the employer’s business and those grounds would satisfy a reasonable person. These grounds include, but are not limited to:

· cost;

· lack of adequate replacement staff;

· loss of efficiency;

· impact on the production or delivery of products or services by the employer.

(c) The employer is to give the employee written notice of the employer’s decision on a request for leave without pay under subclause (6)(b). If the request is refused, the notice is to set out the reasons for the refusal.

(d) An employee who believes their request for leave without pay under subclause (6)(b) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the employer to demonstrate that the refusal was justified in the circumstances. 

(e)  Any period of leave without pay must be applied for and approved in advance and will be granted on a year-by-year basis.  Where both partners work for the employer the total combined period of leave without pay following parental leave will not exceed two (2) years.

(f)  An employee on parental leave is not entitled to paid sick leave and other paid absences other than as specified in subclause (6) (a) and (6) (g).

(g)  Should the birth or adoption result in other than the arrival of a living child, the employee shall be entitled to such period of paid sick leave or unpaid leave for a period certified as necessary by a registered medical practitioner.  Such paid sick leave cannot be taken concurrently with paid parental leave.

(h)  Where a pregnant employee not on parental leave suffers illness related to the pregnancy or is required to undergo a pregnancy related medical procedure the employee may take any paid sick leave to which the employee is entitled or unpaid leave for a period as certified necessary by a registered medical practitioner.

(7)  Notice and Variation

(a)  An employee shall give not less than four (4) weeks’ notice in writing to the employer of the date the employee proposes to commence paid or unpaid parental leave stating the period of leave to be taken.

(b)  An employee seeking to adopt a child shall not be in breach of paragraph (7) (a) by failing to give the required period of notice if such failure is due to the requirement of the adoption agency to accept earlier or later placement of a child, or other compelling circumstances.

(c)  An employee proceeding on parental leave may elect to take a shorter period of parental leave and may at any time during that period elect to reduce or extend the period stated in the original application, provided four (4) weeks written notice is provided.

(8)  Transfer to a Safe Job

(a) If the employee gives her employer a medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of:

(i) illness, or risks, arising out of her pregnancy; or

(ii) hazards connected with that position; then

the employer must modify the duties of the position or alternatively transfer the employee to a safe job at the same classification level for the period during which she is unable to continue in her present position.

(b) If the employee’s employer does not think it to be reasonably practicable to modify the duties of the position or transfer the employee to a safe job the employee is entitled to paid leave for the period during which she is unable to continue in her present position.

(c) An entitlement to paid leave provided in paragraph 19(8)(b) is in addition to any other leave entitlement the employee has and is to be paid the amount the employee would reasonably have expected to be paid if the employee had worked during that period.

(d) An entitlement to paid leave provided in paragraph 19(8)(b) ends at the earliest of whichever of the following times is applicable:

(i) the end of the period stated in the medical certificate;

(ii) if the employee’s pregnancy results in the birth of a living child – the end of the day before the date of birth;

(iii) if the employee’s pregnancy ends otherwise than with the birth of a living child – the end of the day before the end of the pregnancy.

(9) Communication during Parental Leave

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

(b) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to return to work on a part-time basis.

(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with subclause (9)(a).

(10) Replacement Employee

Prior to engaging a replacement employee the employer shall inform the person of the temporary nature of the employment and the entitlements relating to the return to work of the employee on parental leave.

(11)  Return to Work

(a)  An employee shall confirm the intention to return to work by notice in writing to the employer not less than four (4) weeks prior to the expiration of parental leave.

(b) An employee on return to work from parental leave will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee’s skill and abilities as the substantive position held immediately prior to proceeding on parental leave.  Where the employee was transferred to a safe job the employee is entitled to return to the position occupied immediately prior to transfer.

(12) Right to return to work on a modified basis

(a) An employee may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position at the same classification level in accordance with Clause 9. – Part-Time Employment of this Award.

(b) An employee may return on a modified basis that involves the employee working on different days or at different times, or both; or on fewer days or for fewer hours or both, than the employee worked immediately before starting parental leave.

(13) Right to revert

(a) An employee who has returned on a part time or modified basis in accordance with subclause (12) may subsequently request the employer to permit the employee to resume working on the same basis as the employee worked immediately before starting parental leave or full time work at the same classification level.

(b) The employer is to agree to a request to revert made under subclause (13)(a) unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the employer and those grounds would satisfy a reasonable person.

(c) The employer is to give the employee written notice of the employer’s decision on a request to revert under subclause (13)(a). If the request is refused, the notice is to set out the reasons for the refusal.

(d) An employee who believes their request to revert under subclause (13)(a) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the employer to demonstrate that the refusal was justified in the circumstances.

(14)  Effect of Parental Leave on the Contract of Employment

(a)  An employee employed for a fixed term contract shall have the same entitlement to parental leave, however the period of leave granted shall not extend beyond the term of that contract.

(b)  Paid parental leave will count as qualifying service for all purposes of this Award. During paid parental leave at half pay all entitlements will accrue as if the employee had taken the entitlement to paid parental leave at full pay.

(c) Absence on unpaid parental leave shall not break the continuity of service of employees but shall not be taken into account in calculating the period of service for any purpose of this Award.

(d)  An employee on parental leave may terminate employment at any time during the period of leave by written notice in accordance with subclause (3) of Clause 8. – Resignation, Retirement, Termination and Severance of this Award.

(e)  An employer shall not terminate the employment of an employee on the grounds of the employee’s application for parental leave or absence on parental leave but otherwise the rights of the employer in respect of termination of employment are not affected.”

13. Clause 21. – Study Assistance: Delete this clause in its entirety and insert the following in lieu thereof:

21. – STUDY ASSISTANCE

(1) (a) To ensure the maintenance of a trained public sector the employer may provide an employee with paid study leave and/or financial assistance for study purposes in accordance with the provisions of this clause.

(b) Employees are not eligible for study assistance if they have previously received study assistance for an approved course from their employer. Further study assistance towards additional qualifications may, however, be granted in special cases, at the discretion of the employer.

(2) Study Leave

(a) An employee may be granted time off with pay for study purposes at the discretion of the employer.

(b) In every case the approval of time off to attend lectures and tutorials will be subject to:

(i) agency convenience;

(ii) employees undertaking an acceptable formal study load in their own time;

(iii) employees making satisfactory progress with their studies;

(iv) the course being an approved course as defined by clause 21 (5);

(v) the course being of value to the agency; and

(vi) the employer’s discretion when the course is only relevant to the employee’s career in the service and being of value to the State.

(c) Part-time employees are entitled to study leave on the same basis as full time employees, with their entitlement calculated on a pro rata basis.  Employees on fixed term contracts have the same access to study leave as all other employees.

(d) Time off with pay may be granted up to a maximum of five hours per week including travelling time, where subjects of approved courses are available during normal working hours, or where approved study by correspondence is undertaken.

(e) Employees who are obliged to attend educational institutions for compulsory block sessions may be granted time off with pay, including travelling time, up to the maximum annual amount allowed in clause 21 (2) (d).

(f) Where an employee is undertaking approved study via distance education and/or is not required to attend formal classes, an employer may allow the employee to access study leave up to the maximum annual amount allowed in clause 21 (2) (d).

(g) Employees shall be granted sufficient time off with pay to travel to and sit for the examinations of any approved course of study.

(h) An acceptable part-time study load should be regarded as not less than five hours per week of formal tuition with at least half of the total formal study commitment being undertaken in the employee’s own time, except in special cases such as where the employee is in the final year of study and requires less time to complete the course, or the employee is undertaking the recommended part-time year or stage and this does not entail five hours formal study.

(i) In cases where employees are studying subjects which require fortnightly classes the weekly study load should be calculated by averaging over two weeks the total fortnightly commitment.

(j) Where flexi-time arrangements are in operation, time spent attending or travelling to or from formal classes for approved courses between 8.15am and 4.30pm, less the usual lunch break, and for which “time off” would usually be granted, is to be counted as credit time for the purpose of calculating total hours worked per week.

(k) Travelling time returning home after lectures or tutorials is to be calculated as the excess time taken to travel home from such classes, compared with the time usually taken to travel home from the employee’s normal place of work.

(l) An employee shall not be granted more than five hours’ time off with pay per week except in exceptional circumstances where the employer may decide otherwise.

(m) Time off with pay for those who have failed a unit or units may be considered for one repeat year only.

(n) An employee performing service with the Australian Defence Force is not entitled to study leave for any period of service with the Australian Defence Force that they receive defence force reserves leave as provided for by Clause 30. – Defence Force Reserves Leave.

(o) A service agreement or bond will not be required.

(3) Financial Assistance

(a) An employer may reimburse an employee for the full or any part of any reasonable cost of enrolment fees, Higher Education Contribution Surcharge, compulsory text books, compulsory computer software and other necessary study materials for studies commenced during their employment.

(b) Half of the value of the agreed costs shall be reimbursed immediately following production of written evidence of enrolment and costs incurred, and the remaining half shall be reimbursed following production of written evidence of successful completion of the subject for which reimbursement has been claimed. 

(c) The employer and employee may agree to alternative reimbursement arrangements.

(4) Cadets and Trainees

(a) Agencies are to meet the payment of higher education administrative charges for cadets and trainees who, as a condition of their employment, are required to undertake studies at a university or college of advanced education.  Employees who of their own volition attend such institutions to gain higher qualifications will be responsible for the payment of fees.

(b) This assistance does not include the cost of textbooks or Guild and Society fees.

(c) An employee who is required to repeat a full academic year of the course will be responsible for payment of the higher education fees for that particular year.

(5)  Approved Courses for Study Purposes

(a) For the purposes of clauses 21 (2) and (3), the following are approved courses:

(i)  Degree or associate diploma courses at a university within the Australia;

(ii) Degree or diploma courses at an authorised non-university institution;

(iii) Diploma courses provided by registered training organisations, including TAFE;

(iv) Two-year full time certificate courses provided by registered training organisations, including TAFE;

(v) Courses recognised by the National Authority for the Accreditation of translators and Interpreters (NAATI) in a language relevant to the needs of the public sector; and

(vi) Secondary courses leading to the Tertiary Entrance Examination or courses preparing students for the mature age entrance conducted by the Tertiary Institutions Service Centre.

(b) For the purposes of clause 21 (5) (a):

(i) The term ‘university’ includes recognised Australian universities and recognised overseas universities as defined by the Higher Education Act 2004 (WA);

(ii) An authorised non-university institution is a non-university institution that is authorised under the Higher Education Act 2004 (WA) to provide a higher education course; and

(iii) A registered training organisation is an organisation that is registered with the Training Accreditation Council or equivalent registering authority and complies with the nationally agreed standards set out in the Australian Quality Training Framework (AQTF).

(c) An employee who has completed a diploma through TAFE is eligible for study assistance to undertake a degree course at a university within Australia or an authorised non-university institution.

(d) An employee who has completed a two year full time certificate through TAFE is eligible for study assistance to undertake a diploma course specified in clause 21 (5) (a) (iii) or a degree or diploma course specified in clauses 21 (5) (a) (i) or (ii).

(6) Full Time Study

(a) Subject to the provisions of clause 21 (6) (b), the employer may grant an employee full time study leave with pay to undertake:

(i) post graduate degree studies at Australian or overseas tertiary education institutions; or

(ii) study tours involving observations and/or investigations; or

(iii) a combination of postgraduate studies and study tour.

(b) Applications for full time study leave with pay are to be considered on their merits and may be granted provided that the following conditions are met:

(i) The course or a similar course is not available locally.  Where the course of study is available locally, applications are to be considered in accordance with the provisions of clauses 21 (2) and (5) and Clause 20. - Leave without Pay.

(ii) It must be a highly specialised course with direct relevance to the employee’s profession.

(iii) It must be highly relevant to the agency’s corporate strategies and goals.

(iv) The expertise or specialisation offered by the course of study should not already be available through other employees employed within the agency.

(v) If the applicant was previously granted study leave, studies must have been successfully completed at that time.  Where an employee is still under a bond, this does not preclude approval being granted to take further study leave if all the necessary criteria are met.

(vi) A fixed term contract employee may not be granted study leave with pay for any period beyond that employee’s approved period of engagement.

(c) Full time study leave with pay may be approved for more than 12 months subject to a yearly review of satisfactory performance.

(d) Where an outside award is granted and the studies to be undertaken are considered highly desirable by an employer, financial assistance to the extent of the difference between the employee’s normal salary and the value of the award may be considered.  Where no outside award is granted and where a request meets all the necessary criteria then part or full payment of salary may be approved at the discretion of the employer. 

(e) The employer supports recipients of coveted awards and fellowships by providing study leave with pay.  Recipients normally receive as part of the award or fellowship; return airfares, payment of fees, allowance for books, accommodation or a contribution towards accommodation. 

(f) Where recipients are in receipt of a living allowance, this amount should be deducted from the employee’s salary for that period.

(g) Where the employer approves full time study leave with pay the actual salary contribution forms part of the agency’s approved average staffing level funding allocation.  Employers should bear this in mind if considering temporary relief. 

(h) Where study leave with pay is approved and the employer also supports the payment of transit costs and/or an accommodation allowance, the employer will gain approval for the transit and accommodation costs as required.

(i) Where employees travelling overseas at their own expense wish to participate in a study tour or convention whilst on tour, study leave with pay may be approved by the employer together with some local transit and accommodation expenses providing it meets the requirements of clause 21 (6) (b). Each case is to be considered on its merits. 

(j) The period of full time study leave with pay is accepted as qualifying service for leave entitlements and other privileges and conditions of service prescribed for employees under the Award.

14. Clause 22. – Short Leave: Delete this clause in its entirety and insert the following in lieu thereof:

22.  – SHORT LEAVE

(1) (a) An employer may, upon sufficient cause being shown, grant an employee short leave on full pay not exceeding 15 consecutive working hours, but any leave granted under the provisions of this clause shall not exceed, in the aggregate, 22½ hours in any one calendar year.

(b) Part-time employees are eligible for short leave in accordance with this clause, on a pro rata basis calculated in accordance with the following formula:

(c) An employee employed on a fixed term contract of less than twelve months shall be eligible for pro rata short leave in accordance with this clause.

(2) Subject to the prior approval of the Member, employees located outside a radius of fifty (50) kilometres from the Perth City Railway Station shall be allowed Short Leave where pressing personal matters can only be dealt with within the required hours of duty.

15. Clause 23. – Bereavement Leave: Delete this clause in its entirety and insert the following in lieu thereof:

23. - BEREAVEMENT LEAVE

(1) Employees, including ad hoc relief employees, shall on the death of:

(a) the 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.

(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 employee providing evidence, if so requested by the employer, of the death or relationship to the deceased that would satisfy a reasonable person.

(5) An employee requiring more than two days bereavement leave in order to travel overseas in the event of the death overseas of a member of the employee’s immediate family may, upon providing adequate proof, in addition to any bereavement leave to which the employee is eligible, have immediate access to annual leave and/or 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 23 (6) are not available to employees whilst on leave without pay or sick leave without pay.

(d) The provisions of clauses 23 (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.

16. Clause 27. – Union Facilities for Union Representatives: Delete this clause in its entirety and insert the following in lieu thereof:

27. - UNION FACILITIES FOR UNION REPRESENTATIVES

(1) The employer recognises the rights of the Union to organise and represent its members.  Union representatives in the agency have a legitimate role and function in assisting the Union in the tasks of recruitment, organising, communication and representing members’ interests in the workplace, agency and Union electorate.

(2) The employer recognises that, under the Union’s rules, Union representatives are members of an Electorate Delegates Committee representing members within a Union electorate.  A Union electorate may cover more than one agency.

(3) The employer will recognise Union representatives in the agency and will allow them to carry out their role and functions.

(4) The Union will advise the employer in writing of the names of the Union representatives in the Electorate Office.

(5) The employer shall recognise the authorisation of each Union representative in the agency and shall provide them with the following:

(a) Paid time off from normal duties to perform their functions as a Union representative such as organising, recruiting, individual grievance handling, collective bargaining, involvement in the electorate delegates committee and to attend Union business in accordance with Clause 28. - Leave to Attend Union Business of the Award.

(b) Access to facilities required for the purpose of carrying out their duties.  Facilities may include but not be limited to, the use of filing cabinets, meeting rooms, telephones, fax, email, internet, photocopiers and stationery.  Such access to facilities shall not unreasonably affect the operation of the organisation and shall be in accordance with normal agency protocols.

(c) A noticeboard for the display of Union materials including broadcast email facilities.

(d) Paid access to periods of leave for the purpose of attending Union training courses in accordance with Clause 29. - Trade Union Training Leave of the Award.  Country representatives will be provided with appropriate travel time.

(e) Notification of the commencement of new employees, and as part of their induction, time to discuss the benefits of Union membership with them.

(f) Access to awards, agreements, policies and procedures.

(g) The names of any Equal Employment Opportunity and Occupational Health, Safety and Welfare representatives.

(6) The employer recognises that it is paramount that Union representatives in the workplace are not threatened or disadvantaged in any way as a result of their role as a Union representative.

17. Clause 28. – Leave to Attend Association Business: Delete this clause in its entirety, rename and insert the following in lieu thereof:

28.  – LEAVE TO ATTEND UNION BUSINESS

(1) The employer shall grant paid leave at the ordinary rate of pay during normal working hours to an employee:

(a) who is required to attend or give evidence before any Industrial Tribunal;

(b) who as a Union-nominated representative is required to attend any negotiations and/or proceedings before an Industrial Tribunal and/or meetings with Ministers of the Crown, their staff or any other representative of Government;

(c) when prior arrangement has been made between the Union and the employer for the employee to attend official Union meetings preliminary to negotiations and/or Industrial Tribunal proceedings; and

(d) who as a Union-nominated representative is required to attend joint union/management consultative committees or working parties.

(2) The granting of leave is subject to convenience and shall only be approved:

(a) where reasonable notice is given for the application for leave;

(b) for the minimum period necessary to enable the Union business to be conducted or evidence to be given; and

(c) for those employees whose attendance is essential.

(3) The employer shall not be liable for any expenses associated with an employee attending to Union business.

(4) Leave of absence granted under this clause shall include any necessary travelling time in normal working hours.

(5) An employee shall not be entitled to paid leave to attend to Union business other than as prescribed by this clause.

(6) The provisions of this clause shall not apply to:

(a) special arrangements made with the Union, which provide for unpaid leave for employees to conduct union business;

(b) when an employee is absent from work without the approval of the employer; and

(c) ad hoc relief employees.

18. Clause 29. – Trade Union Training Leave: Delete this clause in its entirety and insert the following in lieu thereof:

29.  – TRADE UNION TRAINING LEAVE

(1) Subject to employer convenience and the provisions of this clause:

(a) The employer shall grant paid leave of absence to employees who are nominated by the Union to attend short courses relevant to the public sector or the role of Union workplace representative, conducted by the Union.

(b) The employer shall grant paid leave of absence to attend similar courses or seminars as from time to time approved by agreement between the employer and the Union.

(2) An employee shall be granted up to a maximum of five (5) days paid leave per calendar year for trade Union training or similar courses or seminars as approved.  However, leave of absence in excess of five (5) days and up to ten (10) days may be granted in any one calendar year provided that the total leave being granted in that year and in the subsequent year does not exceed ten (10) days.

(3) (a) Leave of absence will be granted at the ordinary rate of pay and shall not include shift allowances, penalty rates or overtime.

(b) Where a Public Holiday or rostered day off falls during the duration of a course, a day off in lieu of that day will not be granted.

(c) Part-time employees shall receive the same entitlement as full time employees, but payment shall only be made for those hours that would normally have been worked but for the leave.

(4) (a) Any application by an employee shall be submitted to the employer for approval at least four weeks before the commencement of the course unless the employer agrees otherwise.

(b) All applications for leave shall be accompanied by a statement from the Union indicating that the employee has been nominated for the course.  The application shall provide details as to the subject, commencement date, length of course, venue and the authority, which is conducting the course.

(5) A qualifying period of twelve months service shall be served before an employee is eligible to attend courses or seminars of more than a half-day duration.  The employer may, where special circumstances exist, approve an application to attend a course or seminar where an employee has less than twelve months service.

(6) (a) The employer shall not be liable for any expenses associated with an employee’s attendance at trade union training courses.

(b) Leave of absence granted under this clause shall include any necessary travelling time in normal working hours immediately before or after the course.

19. Clause 30. – Defence Force Reserves Leave: Delete this clause in its entirety and insert the following in lieu thereof:

30.  – DEFENCE FORCE RESERVES LEAVE

(1) The employer must grant leave of absence for the purpose of Defence service to an employee who is a volunteer member of the Defence Force Reserves or the Cadet Force.  Defence service means service, including training, in a part of the Reserves or Cadet Force.

(2) Leave of absence may be paid or unpaid in accordance with the provisions of this clause.

(3) Application for leave of absence for Defence service shall, in all cases, be accompanied by evidence of the necessity for attendance.  At the expiration of the leave of absence granted, the employee shall provide a certificate of attendance to the employer.

(4) Paid Leave

(a) An employee who is a volunteer member of the Defence Force Reserves or the Cadet Force is entitled to paid leave of absence for Defence service, subject to the conditions set out hereunder.

(b) Part-time employees shall receive the same paid leave entitlement as full-time employees, but payment shall only be made for those hours that would normally have been worked but for the leave.

(c) On written application, an employee shall be paid salary in advance when proceeding on such leave.

(d) Ad hoc relief employees are not entitled to paid leave for the purpose of Defence service.

(e) An employee is entitled to paid leave for a period not exceeding 105 hours on full pay in any period of twelve months commencing on 1 July in each year.

(f) An employee is entitled to a further period of leave, not exceeding 16 calendar days, in any period of twelve months commencing on July 1.  Pay for this leave shall be at the rate of the difference between the normal remuneration of the employee and the Defence Force payments to which the employee is entitled if such payments do not exceed normal salary.  In calculating the pay differential, pay for Saturdays, Sundays, Public Holidays and rostered days off is to be excluded, and no account is to be taken of the value of any board or lodging provided for the employee.

(5) Unpaid Leave

(a) Any leave for the purpose of Defence service that exceeds the paid entitlement prescribed in subclause (4) of this clause shall be unpaid.

(b) Ad hoc relief employees are entitled to unpaid leave for the purpose of Defence service.

(6) Use of Other Leave

(a) An employee may elect to use annual or long service leave credits for some or all of their absence on Defence service, in which case they will be treated in all respects as if on normal paid leave.

(b) An employer cannot compel an employee to use annual leave or long service leave for the purpose of Defence service.

20. Clause 32. – Witness and Jury Service: Delete this clause in its entirety and insert the following in lieu thereof:

32. - WITNESS AND JURY SERVICE

(1) Witness

(a) An employee subpoenaed or called as a witness to give evidence in any proceeding shall as soon as practicable notify the member who shall notify the employer.

(b) Where an employee is subpoenaed or called as a witness to give evidence in an official capacity that employee shall be granted by the employer leave of absence with pay, but only for such period as is required to enable the employee to carry out duties related to being a witness.  If the employee is on any form of paid leave, the leave involved in being a witness will be reinstated, subject to the satisfaction of the employer.  The employee is not entitled to retain any witness fee but shall pay all fees received into Consolidated Fund.  The receipt for such payment with a voucher showing the amount of fees received shall be forwarded to the employer.

(c) An employee subpoenaed or called as a witness to give evidence in an official capacity shall, in the event of non-payment of the proper witness fees or travelling expenses as soon as practicable after the default, notify the employer.

(d) An employee subpoenaed or called, as a witness on behalf of the Crown, not in an official capacity shall be granted leave with full pay entitlements.  If the employee is on any form of paid leave, this leave shall not be reinstated as such witness service is deemed to be part of the employee's civic duty.  The employee is not entitled to retain any witness fees but shall pay all fees received into Consolidated Fund.

(e) An employee subpoenaed or called as a witness under any other circumstances other than specified in paragraphs (1)(b) and (d) of this clause shall be granted leave of absence without pay except when the employee makes an application to clear accrued leave in accordance with Award provisions.

(2) Jury

(a) An employee required to serve on a jury shall as soon as practicable after being summoned to serve, notify the member who shall notify the employer.

(b) An employee required to serve on a jury shall be granted by the employer leave of absence on full pay, but only for such period as is required to enable the employee to carry out duties as a juror.

(c) An employee granted leave of absence on full pay as prescribed in paragraph (2)(b) of this clause is not entitled to retain any juror's fees but shall pay all fees received into Consolidated Fund.  The receipt for such payment shall be forwarded with a voucher showing the amount of juror's fees received to the employer.

21. Clause 33. – Continuity of Service: Delete this clause in its entirety and insert the following in lieu thereof:

33. - CONTINUITY OF SERVICE

(1) Where an employee's services are terminated by the employer for any reason other than gross misconduct and the employee is re-employed by the employer in the calling of Electorate Officer not later than six months from the day on which the employment ended, such break shall be excised from service but that service before and after the break shall be treated as if the employment was continuous.

(2) The provisions of this clause shall not apply where the employee is paid a severance payment in accordance with subclause (3) of Clause 8. – Resignation, Retirement, Termination and Severance of this Award.

22. Clause 34. – District Allowance: Delete this clause in its entirety and insert the following in lieu thereof:

34. - DISTRICTALLOWANCE

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

(a) "Dependant" in relation to an employee means:

 (i) a partner; or

(ii) where there is no partner, a child or any other relative resident within the State who rely on the employee for their main support;

who does not receive a district or location allowance of any kind.

(b) "Partial dependant" in relation to an employee (for the purpose of district allowance) means:

 (i) a partner; or

(ii) where there is no partner, a child or any other relative resident within the State  who rely on the employee for their main support;

who receives a district or location allowance of any kind less than that applicable to an employee without dependants under any award, agreement or other provision regulating the employment of the partial dependant.

(2) Boundaries

For the purpose of Schedule B. - District Allowance of this Award, the boundaries of the various districts shall be as described hereunder and as delineated on the plan in Schedule B. - District Allowance to this Award.

District:

(a) The area within a line commencing on the coast; thence east along lat 28 to a point north of Tallering Peak, thence due south to Tallering Peak; thence southeast to Mt Gibson and Burracoppin; thence to a point southeast at the junction of lat 32 and long 119; thence south along long 119 to coast.

(b) That area within a line commencing on the south coast at long 119 then east along the coast to long 123; then north along long 123 to a point on lat 30; thence west along lat 30 to the boundary of No 1 District.

(c) The area within a line commencing on the coast at lat 26; thence along lat 26 to long 123; thence sough along long 123 to the boundary of No 2 District.

(d) The area within a line commencing on the coast at lat 24; thence east to the South Australian border; thence south to the coast; thence along the coast to long 123 thence north to the intersection of lat 26; thence west along lat 26 to the coast.

(e) That area of the State situated between the lat 24 and a line running east from Carnot Bay to the Northern Territory Border.

(f) That area of the State north of a line running east from Carnot Bay to the Northern Territory Border.

(3) (a) An employee shall be paid a district allowance at the standard rate prescribed in Column II of Schedule B. - District Allowance of this Award, for the district in which the employee's headquarters is located.  Provided that where the employee's headquarters is situated in a town or place specified in Column III of Schedule B. - District Allowance of this Award, the employee shall be paid a district allowance at the rate appropriate to that town or place as prescribed in Column IV of the said schedule.

(b) An employee who has a dependant shall be paid double the district allowance prescribed by paragraph (3)(a) of this clause for the district, town, or place in which the employee's headquarters is located.

(c) Where an employee has a partial dependant the total district allowance payable to the employee shall be the district allowance prescribed by paragraph (3)(a) of this clause plus an allowance equivalent to the difference between the rate of district or location allowance the partial dependant receives and the rate of district or location allowance the partial dependant would receive if he or she was employed in a full time capacity under the Award, Agreement or other provision regulating the employment of the partial dependant.

(d) When an employee is on approved annual recreational leave, the employee shall for the period of such leave, be paid the district allowance to which he or she would ordinarily be entitled.

(e) When an employee is on long service leave or other approved leave with pay (other than annual recreational leave), the employee shall only be paid district allowance for the period of such leave if the employee, dependant/s or partial dependant/s remain in the district in which the employee's headquarters are situated.

(f) When an employee leaves his or her district on duty, payment of any district allowance to which the employee would ordinarily be entitled shall cease after the expiration of two weeks unless the employee's dependant/s or partial dependant/s remain in the district or as otherwise approved by the employer.

(g) Except as provided in paragraph (3)(f) of this clause, a district allowance shall be paid to any employee ordinarily entitled thereto in addition to reimbursement of any travelling, transfer or relieving expenses or camping allowance.

(h) Where an employee whose headquarters is located in a district in respect of which no allowance is prescribed in Schedule B. - District Allowance of this Award, is required to travel or temporarily reside for any period in excess of one month in any district or districts in respect of which such allowance is so payable, then notwithstanding the employee's entitlement to any such allowance provided by Clause 40.  -Travelling Allowance of this Award the employee shall be paid for the whole of such a period a district allowance at the appropriate rate prescribed by paragraphs (3)(a), (3)(b) or (3)(c) of this clause, for the district in which the employee spends the greater period of time.

(i) When an employee is provided with free board and lodging by the employer the allowance shall be reduced to two-thirds of the allowance the employee would ordinarily be entitled to under this clause.

(4) Part-time Employees

An employee who is employed on a part-time basis shall be paid a proportion of the appropriate district allowance payable in accordance with the following formula:

(5) Ad hoc Relief Employees

District Allowance is payable to ad hoc relief employees on an hourly rate basis in accordance with the following formula:

(6) Adjustment of Rates

The rates expressed in Schedule B.- District Allowance of this Award shall be adjusted every twelve (12) months, effective from the first pay period to commence on or after the first day of July in each year, in accordance with the official Consumer Price Index (CPI) for Perth, as published for the preceding 12 months at the end of the March quarter by the Australian Bureau of Statistics.

23. Clause 36. – Motor Vehicle Allowance: Delete this clause in its entirety and insert the following in lieu thereof:

36.  – MOTOR VEHICLE ALLOWANCE

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

 (a) "A year" means 12 months commencing on the 1st day of July and ending on the 30th day of June next following.

(b) "Metropolitan area" means that area within a radius of 50 kilometres from the Perth City Railway Station.

(c) "South West land division" means the South West land division as defined by to Schedule 1 Land Administration Act 1997 excluding the area contained within the metropolitan area.

(d) "Rest of the State" means that area south of 23.5 degrees south latitude, excluding the metropolitan area and the South West land division.

(e) "Term of Employment" means a requirement made known to the employee at the time of applying for the position by way of publication in the advertisement for the position, written advice to the employee contained in the offer for the position or oral communication at interview by an interviewing employee and such requirement is accepted by the employee either in writing or orally.

(f) "Qualifying Service" shall include all service in positions where there is a requirement as a term of employment to supply and maintain a motor vehicle for use on official business but shall exclude all absences, which effect entitlements as provided under this award.

(2) Allowance for Employees required to supply and maintain a vehicle as a term of employment:

(a) An employee who is required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment shall be reimbursed in accordance with the appropriate rates set out in Schedule C. - Motor Vehicle Allowance for journeys travelled on official business and approved by the employer.

(b) An employee who is reimbursed under the provisions of paragraph (2)(a) will also be subject to the following conditions: -

(i) For the purposes of subclause (2) an employee shall be reimbursed with the appropriate rates set out in Schedule C. - Motor Vehicle Allowance for the distance travelled from the employee's residence to the place of duty and for the return distance travelled from place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day.

(ii) Where an employee in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in Schedule C. - Motor Vehicle Allowance

(iii) Where an employee does not travel in excess of 4,000 kilometres in a year an allowance calculated by multiplying the appropriate rate per kilometre by the difference between the actual distance travelled and 4,000 kilometres shall be paid to the employee provided that where the employee has less than 12 months qualifying service in the year then the 4,000 kilometre distance will be reduced on a pro rata basis and the allowance calculated accordingly.

(iv) Where a part-time employee is eligible for the payment of an allowance under subparagraph (iii) of this subclause such allowance shall be calculated on the proportion of total hours worked in that year by the employee to the annual standard hours had the employee been employed on a full time basis for the year.

(v) An employee who is required to supply and maintain a motor vehicle for use on official business is excused from this obligation in the event of his/her vehicle being stolen, consumed by fire, or suffering a major and unforeseen mechanical breakdown or accident, in which case all entitlement to reimbursement ceases while the employee is unable to provide the motor vehicle or a replacement.

(vi) The employer may elect to waive the requirement that an employee supply and maintain a motor vehicle for use on official business, but three months written notice of the intention so to do shall be given to the employee concerned.

(3) Allowance for employees relieving employees subject to subclause (2) of this clause.

(a) An employee not required to supply and maintain a motor vehicle as a term of employment who is required to relieve an employee required to supply and maintain a motor vehicle as a term of employment shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in Schedule D. - Motor Vehicle Allowance for all journeys travelled on official business and approved by the employer where the employee is required to use his/her vehicle on official business whilst carrying out the relief duties.

(b) For the purposes of paragraph (3)(a) of this clause an employee shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in Schedule D. - Motor Vehicle Allowance for the distance travelled from the employee's residence to place of duty and the return distance travelled from place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day.

(c) Where an employee in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in Schedule C. - Motor Vehicle Allowance.

(d) For the purpose of this subclause the allowance provided in subparagraphs (2)(b)(iii) and (iv) of this clause shall not apply.

(4) Allowance for other employees using vehicle on official business.

(a) An employee who is not required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment, but when requested by the employer voluntarily consents to use the vehicle shall for journeys travelled on official business approved by the employer be reimbursed all expenses incurred in accordance with the appropriate rates set out in Schedule D. - Motor Vehicle Allowance and Schedule E. - Motor Cycle Allowance.

(b) For the purpose of paragraph (4)(a) of this clause an employee shall not be entitled to reimbursement for any expenses incurred in respect to the distance between the employee's residence and headquarters and the return distance from headquarters to residence.

(c) Where an employee in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate if applicable to each of the areas traversed as set out in Schedule D. - Motor Vehicle Allowance.

(5) Allowance for towing Electorate Office caravan or trailer.

In case where employees are required to tow Electorate Office caravans on official business, the additional rate shall be 7.5 cents per kilometre.  When Electorate Office trailers are towed on official business the additional rate shall be 4.0 cents per kilometre.

(6) Special Conditions.

Notwithstanding the provisions of Clause 5. - Term of Award of this Award where the cost of vehicles and petrol increase or decrease such that a corresponding increase or decrease in the allowance provided for a vehicle over 1600cc in the metropolitan area would amount to 0.1 of a cent or greater then the parties agree that the allowance shall be increased or decreased accordingly.

24. Clause 37. – Property Allowance: Delete this clause in its entirety and insert the following in lieu thereof:

37. – PROPERTY ALLOWANCE

(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 employee means:

(i) partner;

(ii) child/children; or

(iii) other dependant family;

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

(c) "Expenses" in relation to an employee means all costs incurred by the employee 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 employee 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 employee in advertising the residence for sale.

(d) "Locality" in relation to an employee 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 employee'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.

(2) When an employee is transferred from one locality to another in the public interest the employee shall be entitled to be paid a property allowance for reimbursement of expenses incurred by the employee.

(a) In the sale of residence in the employee's former locality, which, at the date on which the employee received notice of transfer to a new locality:

(i) the employee owned and occupied; or

(ii) the employee was purchasing under a contract of sale providing for vacant possession; or

(iii) the employee was constructing for the employee's own permanent occupation, on completion of construction; and

(b) In the purchase of a residence or land for the purpose of erecting a residence thereon for the employee's own permanent occupation in the new locality.

(3) An employee shall be reimbursed such following expenses as are incurred in relation to the sale of a residence:

(a) if the employee engaged an agent to sell the residence on the employee's behalf - 50 percent of the amount of the commission paid to the agent in respect of the sale of the residence;

(b) if a solicitor was engaged to act for the employee in connection with the sale of the residence - the amount of the professional costs and disbursements necessarily incurred and paid to the solicitor in respect of the sale of the residence;

(c) if the land on which the residence is created was subject to a first mortgage and that mortgage was discharged on the sale, then an employee shall, if, in a case where a solicitor acted for the mortgagee in respect of the discharge of the mortgage and the employee is required to pay the amount of professional costs and disbursements necessarily incurred by the mortgagee in respect of the discharge of the mortgage - the amount so paid by the employee;

(d) if the employee did not engage an agent to sell the residence on his or her behalf - the amount of the expenses reasonably incurred by the employee in advertising the residence for sale.

(4) An employee shall be reimbursed such following expenses as are incurred in relation to the purchase of a residence:

(a) if a solicitor or settlement agent was engaged to act for the employee in connection with the purchase of the residence - the amount of the professional costs and disbursements necessarily incurred are paid to the solicitor or settlement agent in respect of the purchase of the residence;

(b) if the employee mortgaged the land on which the residence was erected in conjunction with the purchase of the residence, then an employee shall, if, in a case where a solicitor acted for the mortgagee and the employee is required to pay and has paid the amount of the professional costs and disbursements (including valuation fees but not a procuration fee payable in connection with the mortgage) necessarily incurred by the mortgagee in respect of the mortgage - the amount so paid by the employee;

(c) if the employee did not engage a solicitor or settlement agent to act for the employee in connection with the purchase or such a mortgage - the amount of the expenses reasonably incurred by the employee in connection with the purchase or the mortgage, as the case may be, other than a procuration fee paid by the employee in connection with the mortgage.

(5) An employee is not entitled to be paid a property allowance under paragraph (2)(b) of this clause unless the employee is entitled to be paid a property allowance under paragraph (2)(a) of this clause, provided that the employer may approve the payment of a property allowance under paragraph (2)(b) of this clause to an employee who is not entitled to be paid a property allowance under paragraph (2)(a) of this clause if the employer is satisfied that it was necessary for the employee to purchase a residence or land for the purpose of erecting a residence thereon in the employee's new locality because of the employee's transfer from the former locality.

(6) For the purpose of this Award it is immaterial that the ownership, sale or purchase is carried out on behalf of an employee who owns solely, jointly or in common with:-

(a) the employee's partner, or

(b) a dependant relative, or

(c) the employee's partner and a dependant relative.

(7) Where an employee sells or purchases a residence jointly or in common with another person - not being a person referred to in subclause (6) of this clause the employee shall be paid only the proportion of the expenses for which the employee is responsible.

(8) An application by an employee for a property allowance shall be accompanied by evidence of the payment by the employee of the expenses, being evidence that is satisfactory to the employer.

(9) Notwithstanding the foregoing provisions, an employee is not entitled to the payment of a property allowance-

(a) In respect of a sale or purchase prescribed in subclause (2) of this clause which is effected -

(i) more than twelve months after the date on which the employee took up duty in the new locality; or

(ii) after the date on which the office received notification of being transferred back to the former locality;

 Provided that the employer may, in exceptional circumstances, grant an extension of time for such period as is deemed reasonable.

(b) Where the employee is transferred from one locality to another solely at the employee's own request or on account of misconduct.

25. Clause 38. – Removal Allowance: Delete this clause in its entirety and insert the following in lieu thereof:

38. – REMOVAL ALLOWANCE

(1) When an employee is transferred in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee shall be reimbursed:

(a) The actual reasonable cost of conveyance of the employee and dependants.

(b) The actual cost (including insurance) of the conveyance of an employee's household furniture effects and appliances up to a maximum volume of 45 cubic metres provided that a larger volume may be approved by the employer in special cases.

(c) An allowance of $551.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an employee is required to transport their furniture, effects and appliances provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,305.00.

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $185.00.

Pets are defined as dogs, cats, birds or other domestic animals kept by the employee or the employee's dependants for the purpose of household enjoyment.

Pets do not include domesticated livestock, native animals or equine animals.

(2) An employee who is transferred solely at their own request or on account of misconduct must bear the whole cost of removal unless otherwise determined by the employer prior to removal.

(3) An employee shall be reimbursed the full freight charges necessarily incurred in respect of the removal of the employee's motor vehicle.  If authorised by the employer to travel to a new locality in the employee's own motor vehicle, reimbursement shall be as follows:

(a) Where the employee will be required to maintain a motor vehicle for use on official business at the new headquarters, reimbursement for the distance necessarily travelled shall be on the basis of the appropriate rate prescribed by subclause 36 (2) - Motor Vehicle Allowance.

(b) Where the employee will not be required to maintain a motor vehicle for use on official business at the new headquarters reimbursement for the distance necessarily travelled shall be on the basis of one half (½) of the appropriate rate prescribed by subclause 36 (3) - Motor Vehicle Allowance.

(c) Where an employee or their dependants have more than one vehicle, and all the vehicles are to be relocated to the new residence, the cost of transporting or driving up to two vehicles shall be deemed to be part of the removal costs.

(d) Where only one vehicle is to be relocated to the new residence, the employee may choose to transport a trailer, boat or caravan in lieu of the second vehicle.  The employee may be required to show evidence of ownership of the trailer, boat or caravan to be transported.

(e) If the employee tows the caravan, trailer or boat to the new residence, the additional rate per kilometre is to be 3.5 cents per kilometre for a caravan or boat and 2.0 cents per kilometre for a trailer.

(4) The employee shall, before removal is undertaken obtain quotes from at least two carriers which shall be submitted to the employer, who may authorise the acceptance of the more suitable: Provided that payment for a volume amount beyond 45 cubic metres shall not occur without the prior written approval of the employer.

(5) The employer may, in lieu of conveyance, authorise payment to compensate for any loss in any case where an employee, with prior approval of the employer, disposes of their household furniture effects and appliances instead of removing them to the new headquarters: Provided that such payments shall not exceed the sum which would have been paid if the employee's household furniture effects and appliances had been removed by the cheapest method of transport available and the volume was 45 cubic metres.

(6) Where an employee is transferred to government owned or private rental accommodation, where furniture is provided, and as a consequence the employee is obliged to store furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $1,025.00 per annum.  Actual cost is deemed to include the premium for adequate insurance coverage for the value of the furniture stored.  An allowance under this subclause shall not be paid for a period in excess of four years without the approval of the employer.

(7) Receipts must be produced for all sums claimed.

(8) New appointees to the public sector shall be entitled to receive the benefits of this clause if they are required by the employer to participate in any training course prior to being posted to their respective positions in the sector.  This entitlement shall only be available to employees who have completed their training and who incur costs when moving to their first posting.

(9) An employer may agree to provide removal assistance greater than specified in this Award and if in that event that the employee to whom the benefit is granted elects to leave the position, on a permanent basis, within twelve months, the employer may require the employee to repay the additional removal assistance on a pro rata basis.  Repayment can be deducted from any monies due to the employee.

(10) For the purposes of clause 38 (9), “elects to leave the position,” means the employee freely chooses to leave the position in the ordinary course of promotion, transfer or resignation and this necessitates the employer obtaining a replacement employee. 

26. Clause 39. – Transfer Allowance: Delete this clause in its entirety and insert the following in lieu thereof:

39. – TRANSFER ALLOWANCE

(1) Subject to subclauses (2) and (5) of this clause an employee who is transferred to a new locality in the public interest shall be paid at the rates prescribed in Column A, Item (4), (5) or (6) of Schedule F.  – Travelling and Transfer Allowance for a period of 14 days after arrival at new headquarters: Provided that if an employee is required to travel on official business during the said periods, such period will be extended by the time spent in travelling.  Under no circumstances, however, shall the provisions of this subclause operate concurrently with those of Clause 40. - Travelling Allowance of this Award to permit an employee to be paid allowances in respect of both travelling and transfer expenses for the same period.

(2) Prior to the payment of an allowance specified in subclause (1) of this clause, the employer shall:

(a) Require the employee to certify that permanent accommodation has not been arranged or is not available from the date of transfer.  In the event that permanent accommodation is to be immediately available, no allowance is payable; and

(b) Require the employee to advise the employer that should permanent accommodation be arranged or become available within the prescribed allowance periods, the employee shall refund the pro rata amount of the allowance for that period the occupancy in permanent accommodation takes place prior to the completion of the prescribed allowance periods.

Provided also that should an occupancy date which falls within the specified allowance periods be notified to the employer prior to the employee's transfer, the payment of a pro rata amount of the allowance should be made in lieu of the full amount.

(3) If an employee is unable to obtain reasonable accommodation for the transfer of his or her home within the prescribed period referred to in subclause (1) of this clause and the employer is satisfied that the employee has taken all possible steps to secure reasonable accommodation, such employee shall, after the expiration of the prescribed period to be paid in accordance with the rates prescribed by Column B, Items (4), (5), or (6) of Schedule F.  – Travelling and Transfer Allowance as the case may require, until such time as the employee has secured reasonable accommodation: Provided that the period of reimbursement under this subclause shall not exceed 77 days without the approval of the employer.

(4) When it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred by an employee on transfer, an appropriate rate of reimbursement shall be determined by the employer.

(5) An employee who is transferred to employer accommodation shall not be entitled to reimbursement under this clause: Provided that:-

(a) where entry into employer accommodation is delayed through circumstances beyond the employee's control an employee may, subject to the production of receipts, be reimbursed actual reasonable accommodation and meal expenses for the employee and dependants less a deduction for normal living expenses prescribed in Column A, Items (15) and (16) of Schedule F.  – Travelling and Transfer Allowance.

and provided that -

(b) if any costs are incurred under subclause (2) of Clause 35. - Disturbance Allowance of this Award they shall be reimbursed by the employer.

27. Clause 40. – Travelling Allowance: Delete this clause in its entirety and insert the following in lieu thereof:

40. - TRAVELLING ALLOWANCE

(1) When a trip necessitates an overnight stay away from headquarters and the employee:

An employee who travels on official business shall be reimbursed reasonable expenses on the following basis:

(a) is supplied with accommodation and meals free of charge; or

(b) attends a course, conference, etc., where the fee paid includes accommodation and meals; or

(c) travels by rail and is provided with a sleeping berth and meals; or

(d) is accommodated at a Government institution, hostel or similar establishment and supplied with meals;

(e) reimbursement shall be in accordance with the rates prescribed in Column A, Items (1), (2) or (3) of Schedule F.  – Travelling and Transfer Allowance.

(2) When a trip necessitates an overnight stay away from headquarters and the employee is fully responsible for his or her own accommodation, meals and incidental expenses:-

(a) where hotel or motel accommodation is utilised reimbursement shall be in accordance with the rates prescribed in Column A, Items (4) to (8) of Schedule F.  – Travelling and Transfer Allowance; and

(b) where other than hotel or motel accommodation is utilised reimbursement shall be in accordance with the rates prescribed in Column A, Items (9), (10) or (11) of Schedule F.  – Travelling and Transfer Allowance.

(3) When a trip necessitates an overnight stay away from headquarters and accommodation only is provided at no charge to the employee, reimbursement shall be made in accordance with the rates prescribed in Column A, Items 1, 2 or 3 and Items 12, 13 or 14 of Schedule F.  – Travelling and Transfer Allowance subject to the employees' certification that each meal claimed was actually purchased.

(4) To calculate reimbursement under subclauses (1) and (2) of this clause for a part of a day, the following formula shall apply:-

(a) If departure from headquarters is:

before 8.00am - 100% of the daily rate. 

8.00am or later but prior to 1.00pm - 90% of the daily rate. 

1.00pm or later but prior to 6.00pm - 75% of the daily rate. 

6.00pm or later - 50% of the daily rate. 

(b)  If arrival back at headquarters is:

8.00am or later but prior to 1.00pm - 10% of the daily rate. 

1.00pm or later but prior to 6.00pm - 25% of the daily rate. 

6.00pm or later but prior to 11.00pm - 50% of the daily rate. 

11.00pm or later - 100% of the daily rate.

(5) When an employee travels to a place outside a radius of fifty (50) kilometres measured from the employee's headquarters, and the trip does not involve an overnight stay away from headquarters, reimbursement for all meals claimed shall be at the rates set out in Column A, Items (12) or (13) of Schedule F.  – Travelling and Transfer Allowance subject to the employee's certification that each meal claimed was actually purchased: Provided that when an employee departs from headquarters before 8.00am and does not arrive back at headquarters until after 11.00pm on the same day the employee shall be paid at the appropriate rate prescribed in Column A, Items (4) to (8) of Schedule F.  – Travelling and Transfer Allowance.

(6) When it can be shown to the satisfaction of the employer by the production of receipts that reimbursement in accordance with Schedule F.  – Travelling and Transfer Allowance does not cover an employee's reasonable expenses for a whole trip the employee shall be reimbursed the excess expenditure.

(7) In addition to the rates contained in Schedule F.  – Travelling and Transfer Allowance an employee shall be reimbursed reasonable incidental expenses such as train, bus and taxi fares, official telephone calls, laundry and dry cleaning expenses, on production of receipts.

(8) If on account of lack of suitable transport facilities an employee necessarily engages reasonable accommodation for the night prior to commencing travelling on early morning transport the employee shall be reimbursed the actual cost of such accommodation.

(9) Reimbursement of expenses shall not be suspended should an employee become ill whilst travelling, provided leave for the period of such illness is approved in accordance with provisions of Clause 17. - Sick Leave of this Award, and the employee continues to incur accommodation, meal and incidental expenses.

(10) Reimbursement claims for travelling in excess of 14 days in one month shall not be passed for payment by a certifying employee unless the employer has endorsed the account.

(11) An employee who is relieving at or temporarily transferred to any place within a radius of fifty (50) kilometres measured from the employee's headquarters shall not be reimbursed the cost of midday meals purchased, but an employee travelling on duty within that area which requires absence from the employee's headquarters over the usual midday meal period shall be paid at the rate prescribed by Item 17 of Schedule F.  – Travelling and Transfer Allowance for each meal necessarily purchased, provided that:-

(a) such travelling is not a normal feature in the performance of the employee's duties; and

(b) such travelling is not within the suburb in which the employee resides; and

(c) the employee's total reimbursement under this subclause for any one pay period shall not exceed the amount prescribed by Item 18 of Schedule F.  – Travelling and Transfer Allowance.

28. Clause 41 – Consultation: Delete this clause in its entirety and insert the following in lieu thereof:

41. - CONSULTATION

(1) The parties recognise the need for effective communication to improve the business/operational performance and working environment in agencies.  The parties acknowledge that decisions will continue to be made by the employer, who is responsible and accountable to Parliament for the effective and efficient operation of the Electorate Offices.

(2) The parties agree that:

(a) where the employer proposes to make changes likely to affect existing practices, working conditions or employment prospects of the employees, the Union and employees affected shall be notified by the employer as early as possible;

(b) for the purposes of such discussion the employer shall provide to the employees concerned relevant information about the changes, including the nature of the changes on the employees, provided that the employer shall not be required to disclose any confidential information; and

(c) in the context of such discussion the Union and employees are able to contribute to the decision making process.

29. Clause 43. – Right of Entry and Inspection by Authorised Representatives: Delete this clause in its entirety and insert the following in lieu thereof:

43.  – RIGHT OF ENTRY AND INSPECTION BY AUTHORISED REPRESENTATIVES

(1) The parties to the Award shall act consistently with the terms of the Division 2 G – Right of Entry and Inspection by Authorised Representatives – of the Industrial Relations Act 1979.

(2) An authorised representative shall on notification to the employer have the right to enter any premises where relevant employees covered by this Award work during working hours, including meal breaks, for the purpose of holding discussions at the premises with relevant employees covered by the Award who wish to participate in those discussions, the legitimate business of the Union or for the purpose of investigating complaints concerning the application of this Award, but shall in no way unduly interfere with the work of Electorate employees.

30. Clause 46. – Deduction of Association Subscriptions: Delete this clause in its entirety and rename and insert the following in lieu thereof:

46. - DEDUCTION OF union SUBSCRIPTIONS

(1) The employer shall deduct normal Union subscriptions as equal amounts each pay period.

(2) Payroll Deduction Authority forms shall be completed by employees.  Where the employer requires a standard procuration form, that form shall be used.

(3) Where required by the employer or Union, the Union General Secretary or person acting in the General Secretary's stead, shall countersign all forms and forward them to the employer's paymaster.

(4) (a) The employer shall commence deduction of subscriptions from the first full pay period following receipt of a completed Payroll Deduction Authority form and continue deducting throughout the employee's period of employment, except as provided in subclause (5) of this Clause or until the Authority is cancelled in writing by the employee;

(b) Where the Payroll Deduction Authority form authorises the employer to deduct Union subscriptions in accordance with the rules of the Union, the Union shall notify the employer in writing of the level of Union subscription to be deducted.  The employer shall implement any change to Union subscriptions no later than one month after being notified by the Union except where the Union nominates a later date.

(5) (a) The collection of any nominated fee, arrears, levies or fines are not the responsibility of the employer.

(b) Where a deduction is not made from an employee in any pay period, either inadvertently or as a result of an employee not being entitled to salary sufficiently to cover the subscription it shall be the employee's responsibility to settle the outstanding amount with the Union direct.

(6) The employer shall not make any deduction of subscriptions from an employee's termination pay on termination of service, other than normal deductions for the preceding pay period.

(7) The employer shall forward contributions deducted, together with supporting documentation, to the Union at such intervals as are agreed between the employer and the Union.

31. Clause 48. – Establishment of Consultative Mechanisms: Delete this clause in its entirety and insert the following in lieu thereof:

The parties to this Award are required to establish a consultative mechanism/s and procedures appropriate to their size, structure and needs, for consultation and negotiation on matters affecting the efficiency and productivity of the workplace.

32. Clause 50. – Relief Arrangements: Delete this clause in its entirety and insert the following in lieu thereof:

50. – RELIEF ARRANGEMENTS

(1) Where an employee is absent from duty on approved leave, the employer may engage relief staff subject to the conditions in this clause.

(2) Relief employees

(a) If the intended relief period is for one calendar month or more, a relief employee may be engaged.

(b) A relief employee shall receive the equivalent full-time or part-time salary, whichever is applicable.

(c) A relief employee shall be entitled to the leave and conditions of employment provided by this Award on a pro rata basis according to the number of hours worked and the period of their engagement.

(d) A relief employee shall be entitled to the allowances provided by this Award.

(3) Ad hoc relief employees

(a) If the intended relief period is for less than one calendar month, an ad hoc relief employee may be engaged.

(b) An ad hoc relief employee shall be paid for each hour worked in accordance with the following formula -

with the addition of 20% in lieu of annual leave, sick leave, long service leave and payment for public holidays. 

(c) Conditions of employment leave and allowances provided for employees under this Award shall not apply to an ad hoc relief employee with the exception of bereavement leave and unpaid carer’s leave.  However, where expenses are directly and necessarily incurred by an ad hoc relief employee in the ordinary performance of their duties, they shall be entitled to reimbursement in accordance with the provisions of this Award.

(d) Caring Responsibilities

(i) Subject to the evidentiary and notice requirements in Clause 18. – Carers Leave, an ad hoc relief employee shall be entitled to not be available to attend work or to leave work if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

(ii) The employer and the ad hoc relief employee shall agree on the period for which the ad hoc relief employee will be entitled to not be available to attend work. In the absence of agreement, the ad hoc relief employee is entitled to not be available to attend work for up to 48 hours (ie two days) per occasion. The ad hoc relief employee is not entitled to any payment for the period of non-attendance.

(iii) The employer must not fail to re-engage an ad hoc relief employee before they accessed the entitlements provided by this paragraph. The rights of the employer to otherwise engage or not engage an ad hoc relief employee are otherwise not affected.

(4) (a) Subject to subclause (1) of this clause, the employer may engage a relief employee for up to a maximum of 12 months for a specific purpose(s), on a full or part-time basis.

(b) Provided that the term of employment may be extended for up to a further 12 months, after consultation with the Union.

33. Clause 51. – Salary Packaging Arrangement: Delete this clause in its entirety and insert the following in lieu thereof:

51. - SALARY PACKAGING ARRANGEMENT

(1) An employee may, by agreement with the employer, enter into a salary packaging arrangement in accordance with this clause and Australian Taxation Office requirements.

(2) Salary packaging is an arrangement whereby the entitlements and benefits under this Award, contributing toward the Total Employment Cost (TEC ), (as defined in subclause (3) of this clause) of an employee, can be reduced by and substituted with another or other benefits.

(3) The TEC for salary packaging purposes is calculated by adding the following entitlements and benefits:

(a) the base salary;

(b) other cash allowances;

(c) non cash benefits;

(d) any Fringe Benefit Tax liabilities currently paid; and

(e) any variable components.