RANGERS (NATIONAL PARKS) CONSOLIDATED AWARD 2000

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES United Voice WA

APPLICANT

-v-

The Chief Executive Officer (Executive Director) of the Department of Conservation and Land Management

RESPONDENT

CORAM Commissioner S M Mayman

DATE 20 December 2012

FILE NO/S APPL 71 OF 2012

CITATION NO. 2012 WAIRC 01120

Result Award varied

Representation

Applicant Mr S Dane

Respondent Ms N Pyne and Mr A Harper

Order

HAVING HEARD Mr S Dane on behalf of United Voice WA and Ms N Pyne on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:

THAT the Rangers (National Parks) Consolidated Award 2000 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 20 December 2012.

Commissioner S M Mayman

SCHEDULE

1. Clause 9 – Overtime: Remove subclause 9(7) of this clause and insert the following in lieu thereof:

(7) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $12.15 for a meal, and if owing to the amount of overtime worked, a second or subsequent meal is required he/she shall be supplied with each such meal by the employer or be paid $7.15 each meal so required.

(b) The provisions of paragraph (a) of this subclause do not apply -

(i) in respect of any period of overtime for which the employee has been notified on the previous day or earlier that he/she will be required; or

(ii) to any employee who lives in the locality in which the place of work is situated who can reasonably return home for meals; or

(iii) where the overtime worked is outside the customary meal time.

(c) If an employee provides him/herself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, the employee shall be paid for each meal provided and not required, the appropriate amount prescribed in paragraph (a) of this subclause.

(d) An employee required to work continuously from midnight to 6.30am and ordered back to work at 8.00am the same day shall be paid $6.25 breakfast.

(e) The provisions of this subclause do not operate so as to require payment of more than double time rates, or double time and one half on a holiday prescribed under this Award for any work.

2. Clause 14 – Conditions and Allowances: Remove this clause and insert the following in lieu thereof:

14. - Conditions and Allowances

(1) The provisions of the Miscellaneous Government Conditions and Allowances Award No.  A 4 of 1992 shall apply mutatis mutandis to all employees covered by this Award.

(2) Subject to the provisions of this Award, the provisions of the Public Service Award 1992 PSA No.4 of 1989 at:

(a) Clause 30. - Camping Allowance and Schedule C - Camping Allowance; and

(b) Clause 33. - Diving Allowance, Clause 34. - Flying Allowance and Schedule K - Diving, Flying and Seagoing Allowance.

as amended from time to time, shall apply mutatis mutandis to employees covered by this Award.

(3) Mobile Rangers shall, in addition to their normal rate of pay, be paid an allowance of $123.90 per week to offset the costs associated with living in and maintaining a caravan.

This allowance is to be moved year to year to reflect the change in CPI for Perth.

(4) The following conditions shall apply to Rangers Assistants on vermin, plant or noxious weed control who are required to use a toxic substance.

(a) The employee shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.

(b) The employee using such materials shall be provided with, and shall use, all safeguards as are required by the appropriate government authority or, in the absence of such requirement, such safeguards as are defined by a competent authority or person chosen by the union and the employer.

(c) The employee using toxic substances or materials of a like nature shall be paid 61 cents per hour extra.  Employees working in close proximity to employees so engaged shall be paid 55 cents per hour extra.

(d) For the purposes of this subclause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

(5) (a) An employer who requires a Rangers Assistant to use a pesticide shall:

(i) Inform the employee of any known health hazards involved; and

(ii) Ascertain from the Department of Health and Medical Services whether and, if so, what protective clothing or equipment should be worn during its use.

(b) Pending advice from that department the employer may require the pesticide to be used if the employer informs the employee of any safety precautions specified by the manufacturer of the pesticide and instructs the employee to follow those precautions.

(c) The employer shall supply the employee with any protective clothing or equipment required pursuant to paragraphs (a) and (b) of this subclause and, where necessary, instruct the employee in its use.

(d) An employee required to wear protective clothing or equipment for the purpose of this subclause shall be paid 68 cents per hour or part thereof while doing so unless the Union and the employer agree that by reason of the nature of the protective clothing or equipment the employee does not suffer discomfort or inconvenience while wearing it or, in the event of disagreement, the Western Australian Industrial Relations Commission so determines.

(e) An allowance is not payable under this clause if the Department of Health and Medical Services advises the employer in writing that protective clothing or equipment is not necessary.

(6) Where agreement is reached between the employer and the employee, payment of wages may be made in cash and a signature of the employee shall be obtained for such cash payment.

3. Clause 5 – Definitions: Remove subclause 5(14) of this clause and insert the following in lieu thereof:

(14) “Union” means United Voice WA.

4. Schedule A – Parties to the Award: Remove Schedule A and insert the following in lieu thereof:

The Chief Executive Officer (Executive Director) of the Department of Conservation and Land Management

The following are parties to this award:

United Voice WA