2013 WAIRC 00874

CIVIL SERVICE ASSOCIATION WESTERN AUSTRALIA POLICE AUXILIARY OFFICERS' AWARD 2013
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
APPLICANT
-V-
COMMISSIONER OF POLICE, WESTERN AUSTRALIA POLICE SERVICE
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
COMMISSIONER J L HARRISON
DATE FRIDAY, 18 OCTOBER 2013
FILE NO/S PSAA 1 OF 2010
CITATION NO. 2013 WAIRC 00874

Result Award issued
Representation


APPLICANT MR M SHIPMAN AND MS S VAN DER MERWE

RESPONDENT MR B ENTREKIN


Order
HAVING HEARD Mr M Shipman and Ms S Van Der Merwe on behalf of the applicant and Mr B Entrekin on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, and by consent, hereby orders –

THAT the Civil Service Association Western Australia Police Auxiliary Officers’ Award 2013 be made in accordance with the following schedule and that such award shall have effect from the first pay period commencing seven (7) days after the date the award issues.





COMMISSIONER J L HARRISON
PUBLIC SERVICE ARBITRATOR


SCHEDULE


1. AWARD STRUCTURE

1.1 - TITLE

This award shall be known as the Civil Service Association Western Australia Police Auxiliary Officers’ Award 2013.


1.2 – ARRANGEMENT

1. AWARD STRUCTURE

1.1 Title
1.2 Arrangement
1.3 Area of Operation
1.4 Scope
1.5 Term of Award
1.6 Definitions
1.7 Copies of Award

2. CONTRACT OF SERVICE

2.1 Certificate of Service
2.2 Probation
2.3 Termination of Employment

3. HOURS OF WORK

3.1 Hours of Duty
3.2 Overtime
3.3 Police Auxiliary Officers in Training

4. PART-TIME AND CASUAL EMPLOYMENT

4.1 Part-time Employment
4.2 Casual Employment

5. WAGES

5.1 Wages
5.2 Annual Increments
5.3 Minimum Adult Award Wage


6. ALLOWANCES

6.1 Availability – On Call – Close Call – Standby Allowance
6.2 Shift Allowance
6.3 Camping Allowance
6.4 Higher Duties Allowance
6.5 Motor Vehicle Allowance
6.6 Relieving Allowance
6.7 Travelling Allowance
6.8 District Allowance
6.9 Property Allowance
6.10 Transfer Allowance
6.11 Disturbance Allowance
6.12 Removal Allowance

7. LEAVE ARRANGEMENTS

7.1 Sick Leave
7.2 Carers Leave
7.3 Short Leave
7.4 Annual Leave
7.5 Purchased Leave
7.6 Deferred Wages Scheme
7.7 Long Service Leave
7.8 Bereavement Leave
7.9 Parental Leave
7.10 Cultural/ Ceremonial Leave
7.11 Blood/ Plasma Donors Leave
7.12 Leave for International Sporting Events
7.13 Defence Force Reserves Leave
7.14 Leave Without Pay
7.15 Witness and Jury Service
7.16 Leave to Attend Union Business
7.17 Trade Union Training Leave

8. MISCELLANEOUS PROVISIONS

8.1 Introduction of Change
8.2 Union Facilities

9. DISPUTE SETTLEMENT PROCEDURE

10. PARTIES TO THE AWARD

Schedule A – Overtime Meal Rates
Schedule B – Camping Allowance
Schedule C – Travelling, Transfer and Relieving Allowance
Schedule D – Motor Vehicle Allowance
Schedule E – Annual Leave Travel Concession Boundaries


1.3 – AREA OF OPERATION

This award shall apply throughout the State of Western Australia.


1.4 – SCOPE

This award shall apply to Police Auxiliary Officers appointed under Part IIIB of the Police Act 1892 by the Commissioner of Police who are of a class of employee to which representational rights has been extended to The Civil Service Association of Western Australia Incorporated by the decision FBM 10 of 2010.


1.5 – TERM OF AWARD

This award shall remain in force until such time as it is cancelled or replaced.


1.6 – DEFINITIONS

In this award, the following expressions shall have the following meaning:

“Agency” means the Western Australia Police.

“Award” means the Civil Service Association Western Australia Police Auxiliary Officers’ Award 2013.

“Casual” means an employee engaged by the hour as determined by the employer.

“Commissioner” means the Commissioner of Police appointed pursuant to the provisions of the Police Act 1892.

“Commercial accommodation” includes, but is not limited to, hotels, motels, serviced apartments, bed and breakfasts, road house or self-contained accommodation.

“De facto partner” means a relationship (other than a legal marriage) between two persons, of either different sexes or the same sex, who live together in a “marriage-like” relationship, as provided for by the Interpretations Act 1984 as amended from time to time.

“Dependant” in relation to an employee (other than for the purpose of district allowance) means:

1. partner,

2. child/children; or

3. other dependant family

who reside with the employee and who rely on the employee for main support.

“Emergency” means:

1. an unforseen urgent crisis;

2. serious public disorder; and

3. searches

but shall not include normal Police Auxiliary Officer activity or the prevention of payment of any penalty provision covered by this award in normal Police Auxiliary Officer duty or a requirement to attend Court outside a rostered shift.

“Employee” means any person appointed as a Police Auxiliary Officer.

“Employer” means the Commissioner of Police.

“Family” in relation to an employee means the employee, partner and all dependant children living with the employee.

“Fixed Term Contract” means the appointment to a position whereby the dates of commencement and termination of employment are specified in writing to the employee.

“Headquarters” means the place in which the principal work of an employee is carried out, being either the Perth Watch House or an assigned district/division/portfolio, as defined by the employer.

“Irregular Part-time Employee” means a part-time employee who is employed to work on an irregular basis, a set amount hours over a prescribed period (e.g. 200 hours over 6 months).

“Known Situations” for the purposes of Clause 3.1 – Hours of Duty means operational circumstances which are not ‘emergency’ or ‘public interest’ as defined but situations where it is anticipated in advance that additional employees will be needed on a particular shift.

“Medical Practitioner” has the same meaning as it has in the Health Practitioner Regulation National Law (WA) Act 2010.

“Metropolitan Area” means the area within a 50 kilometre radius of the Perth City Railway Station.

“Motor Vehicle Allowance” – the following expressions shall have the following meaning in respect to Motor Vehicle Allowance:

1. “A year” means 12 months commencing on 1 July and ending on 30 June next following.

2. “Metropolitan Area” means that area within a 50 kilometre radius from the Perth City Railway Station.

3. “South West Land Division” means the South West Land Division as defined by Schedule One of the Land Administration Act 1997 excluding the area contained within the Metropolitan Area.

4. “Rest of State” means that area south of 23.5 degrees south latitude, excluding the Metropolitan Area and the South West Land Division.

“Normal Wages” for the purposes of Clause 5 means wages as provided at Clause 5.1 and does not include overtime or other additional allowances.

“North West” means all that part of the State north of the 26th° south parallel of latitude and shall be deemed to include Shark Bay.

“Officer in Charge” means an employee who is the Officer in Charge of a police station in the Metropolitan Area, a police station located outside the Metropolitan Area and who resides in that locality, or an employee relieving in such position.

“Part-time Employee” means an employee who is regularly employed to work less than 40 hours per week.

“Partner” means an employee’s spouse or de facto partner.

“Police Auxiliary Officer in Training” means an employee undertaking Academy based initial training.

“Practicable” means practicable in the fair and reasonable opinion of the employer. Provided that if any dispute shall arise as to whether in any case such opinion is fair and reasonable, the dispute shall be determined in accordance with the dispute settlement procedure contained herein.

“Public Event” shall be deemed to include the following:

1. The Christmas/ New Year Road Safety Campaign;

2. Easter Road Safety Campaign;

3. Channel 7 Christmas Pageant;

4. Royal Agriculture Society Show;

5. Australia Day Skyshow;

6. Anzac Day Services and Marches;

7. City to Surf Fun Run;

and similar such events.

“Public Holiday” shall be deemed to include the following:

1. New Year’s Day;

2. Australia Day;

3. Good Friday;

4. Easter Monday;

5. Christmas Day;

6. Boxing Day;

7. Anzac Day;

8. Sovereign’s Birthday;

9. Western Australia Day (formerly Foundation Day); and

10. Labour Day;

“Public Interest” means:

1. protection of life or property caused by extraordinary events; and

2. security of Heads of State/ Public Figures and special events; and

3. searches

but shall not include normal Police Auxiliary Officer activity or the prevention of payment of any penalty provision covered by this award in normal Police Auxiliary Officer duty or a requirement to attend Court outside a rostered shift.

“Public Transport” means any means of public transport approved by the employer.

“Region” means region of the State within the meaning of section 39(2) of the Police Act 1892.

“Special Area” means:

1. any portion of the State that is:

(i) east of longitude 119 degrees east; or

(ii) north of the 26 degrees of south latitude;

2. Yalgoo, Mount Magnet, Cue and Meekatharra; and

3. any area outside the State designated a special area by the employer.

“Specific Managerial Requirements” means any specific requirement in relation to the Code of Conduct, Occupational Safety and Health, Operational Requirements and/or Diversity.

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

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

“WAIRC” means the Western Australian Industrial Relations Commission.


1.7 – COPIES OF AWARD

Every employee shall be entitled to have access to a copy of this award. Sufficient copies shall be made available, either in hard copy or by modern electronic means by the employer for this purpose. Where a hard copy is requested it shall be made available.


2. CONTRACT OF SERVICE

2.1 – CERTIFICATE OF SERVICE

On request, the employer shall issue to an employee upon redundancy, retirement, resignation or where contracts of service expire through the effluxion of time, a Certificate of Service containing full information as to the periods of service and nature of duties performed by the employee.


2.2 – PROBATION

(1) All employees appointed to the position of Police Auxiliary Officer will be subject to a probationary period of nine months.

(2) At any time during the period of probation the employer may annul the appointment and terminate the services of the employee by the giving of one week’s notice or payment in lieu thereof.

(3) At any time during the period of probation the employee may annul the appointment and terminate their services by the giving of one week’s notice or the payment or forfeiture of one week’s wages in lieu thereof.

(4) Prior to the expiry of the period of probation, an assessment will be made of the employee’s performance, efficiency and conduct. The employer shall have a report completed in respect to these matters; and

(a) confirm the appointment; or

(b) extend the period of probation and provide the employee with the necessary support and remedial action to assist the employee to meet the requirements of the position. The maximum period of probation shall not exceed 12 months; or

(c) terminate the services of the employee by giving one week’s notice or payment in lieu thereof.


2.3 – TERMINATION OF EMPLOYMENT

(1) An employee shall give the employer written notice of intention to resign of not less than:

(a) four weeks; or

(b) such other period as specified in the employee’s contract of service, where applicable.

(2) An employee who fails to give the required notice forfeits the sum of $500, unless agreement is reached between an employee and the employer for a shorter period of notice than that specified.

(3) Where an employee’s services are terminated for any reason other than dismissal, that employee shall be given written notice of:

(a) four weeks; or

(b) such other period as specified in the employee’s contract of service, where applicable.

(4) The period of notice for an employee, who at any time of being terminated is over 45 years of age and has completed at least two years continuous service with the employer, shall be increased by one week.

(5) The employment of a casual employee may be terminated at any time by the casual employee or the employer giving to the other, one hour’s prior notice. In the event of an employer or casual employee failing to give the required notice, one hour’s wages shall be paid or forfeited.


3. HOURS OF WORK

3.1 - HOURS OF DUTY

For the purpose of this clause “Work Area” refers to an employee’s current work area, sub district or district (or parts thereof) as determined by the employer.

(1) Ordinary Hours of Duty

(a) The ordinary hours of duty are 38 hours per week or 76 hours per fortnight.

(b) Notwithstanding subclause (a) above, the actual hours of duty are 40 hours per week or 80 hours per fortnight and the additional hours worked are compensated for in the established wage rates as specified in Clause 5.1 – Wages.

(c) The actual hours of duty of 40 hours per week shall be used as the divisor for all purposes of this award.

(d) A work area’s permanent roster pattern may be changed by the employer provided a minimum of one month’s notice is given to all employees affected by the change (except in accordance with subclause (8) - Posting and Varying a Roster).

(3) All rosters shall have weekly leave days off rostered together where practicable.

(2) Termination of a roster pattern

Any roster may be terminated in any of the following circumstances:

(a) there is mutual agreement between the employer and the affected employees; or

(b) there is a bona fide health and safety issue; or

(c) the roster is failing to meet the operational objectives of the work area.

(3) Standard Rosters

40 hours per week is to be worked as 5 x 8 hour shifts or 4 x 10 hour shifts as rostered.

(a) Employees may be rostered on a Standard Roster to perform duties on more than one category of shift during any weekly period. However such a combination of shifts shall be subject to the following provisions:

(i) An employee may be rostered to work on day and afternoon or day and evening shifts in any weekly period.

(ii) An employee may be rostered to work on afternoon and evening shifts in any weekly period.

(iii) Except as provided in subclause (3)(b) of this clause, any combination of day/night or afternoon/night shifts shall not be rostered.

(iv) An employee may be rostered to work evening and night shifts in any weekly period, provided that the shift start times do not vary more than two hours.

(v) The combination of shifts will not be alternated on a daily basis eg day-afternoon-day-afternoon or afternoon-day-afternoon-day-afternoon.

(vi) Where as a result of attendance at Court, from matters arising during the course of an employee’s duties, a combination of afternoon and day shift or evening and day shift or, in the case of a flexible roster, night and day shift is rostered in any week an amount equivalent to the shift allowance provided under Clause 6.2 – Shift Allowance shall be paid for each day shift rostered due to the attendance at Court.

(b) Shifts on Standard Rosters shall be worked as required by local conditions provided that:

(i) such changes as prescribed in this subclause, shall be indicated in advance on rosters when rosters are posted in accordance with subclause (8) of this clause; and

(ii) in accordance with Occupational Safety and Health principles, additional employees may be rostered on particular days from day shift on to afternoon, evening or night shift in any week to cover “Known Situations”.

(c) Shifts on Standard Rosters shall be distributed equally between all shift working employees, with the exception of part-time employees, during a three month roster cycle or such other cycle as agreed between the supervisor and majority of affected employees.

(4) Alternative working arrangements to a Standard Roster

(a) Notwithstanding the above, where it is considered necessary to provide more efficient operations, the employer may authorise the operation of alternative working arrangements in the work area.

(b) The continuing operation of any alternative working arrangements, so approved, will depend on the employer being satisfied that the efficient functioning of the work area is being enhanced by its operation.

(c) Such alternative working arrangements shall be deemed to be Flexible Rostering Arrangements.

(5) Flexible Rostering Arrangements

The average of 40 hours per week is to be worked in any combination of between 6 to 12 hour shifts over an agreed period, as determined by the employer.

(a) All rosters:

(i) must be developed in consultation with affected employees;

(ii) must meet operational and service delivery requirements; and

(iii) must comply with relevant Occupational Safety and Health legislation and guidelines.

(6) Shift Work Provisions

(a) Employees shall be designated to work prescribed hours of duty in the category of shifts as set out below:

(i)
Day Shift:
Any shift which commences on or between the hours of 6.00 am and 10.30 am each day.



(ii)
Afternoon shift:
Any shift which commences on or between the hours of 11.00 am and 4.30 pm each day.



(iii)
Evening shift:
Any shift which commences on or between the hours of 5.00 pm and 7.30 pm each day.



(iv)
Night shift:
Any shift which commences on or between the hours of 8.00 pm and 05.30 am each day.

(7) Shifts shall be worked as required by local conditions provided that:

(a) in accordance with Occupational Safety and Health principles, additional employees may be rostered on particular days from day shift onto afternoon, evening or night shift in any week to cover “Known Situations”;

(b) such changes as prescribed in subclause (7)(a) of this clause, shall be indicated in advance on rosters when rosters are posted in accordance with subclause (8) of this clause;

(c) shifts shall be distributed equally between all shift working employees, with the exception of part-time employees, during a three month roster cycle or such other cycle as agreed between the supervisor and majority of affected employees.

(8) Posting and Varying a Roster

(a) Unless a permanent roster is in place in accordance with subclause (3) or (5) of this clause, a roster shall be posted at each place of employment not later than 1.00 pm on the Tuesday preceding the week to be worked, except fortnightly rosters which shall be posted at each place of employment no later than 1.00 pm on the Tuesday preceding the fortnight to be worked. The roster will show hours of duty and rest days for the ensuing week or fortnight. Such rosters may be varied or suspended by the Officer in Charge in an “emergency”, where such action is in the “public interest”, or where such action represents “Specific Managerial Requirements”.

(b) Subject to any arrangements under subclause (5) of this clause or any arrangements under subclause (8)(c) of this clause, the starting times of shifts may be varied daily. An employee shall where practicable be given 24 hours notice of any alteration to the start time of his or her rostered shift. The variation shall be to starting times only, within the parameters of the rostered shifts as specified in subclause (7) of this clause.

(c) The shift type, that is day, afternoon, evening or night shift, may not be altered after the roster is posted except as provided in subclause (7)(a) of this clause.

(d) Weekly leave days off shall be rostered together where practicable.

(9) Broken Shifts

Notwithstanding the provisions of this clause the daily hours may be worked as a broken shift:

(a) if the employee applies in writing for permission to work such shifts; and

(b) if the employer agrees.

(10) Meal Breaks

(a) Each ordinary shift shall include a meal period of 30 minutes, which shall commence at a time within the 4th, 5th or 6th hour of the commencement of an eight hour shift or within the 5th, 6th or 7th hour of the commencement of a 10 hour shift. This meal period shall be considered as time worked.

(b) Should circumstances arise whereby an employee is prevented by continuous duty from partaking a meal as provided in subclause (10)(a) of this clause, such employee shall be reimbursed in accordance with the rate prescribed by Item (15) of Schedule C – Travelling, Transfer and Relieving Allowance, provided that an employee shall only be entitled to one claim per shift.

(c) The employee's total reimbursement under this subclause for any one pay period shall not exceed the amount prescribed by Item (16) of Schedule C – Travelling, Transfer and Relieving Allowance. The employer may grant the payment of this allowance in excess of five days per pay period if satisfied the claim is warranted. The provisions of this subclause shall not apply to an employee in receipt of any entitlement prescribed under Clause 6.7 - Travelling Allowance or Clause 6.6 - Relieving Allowance or Clause 6.3 - Camping Allowance.

(d) Where shifts of other than eight hours are worked, meal periods, commencement time of meal periods and shift penalties provided under subclause (2) of Clause 6.2 - Shift Allowance shall be allowed on a pro-rata basis according to the number of hours in the shift.

(e) Where nine hour shifts are worked, employees are entitled to a paid meal break of 35 minutes. Where 10 hour shifts are worked, employees are entitled to a paid meal break of 40 minutes. Where 12 hour shifts are worked, employees are entitled to a paid meal break of one hour. At the election of the employee and with the approval of the Officer in Charge the paid meal period for nine, 10 and 12 hour shifts may be taken as two breaks. If the paid meal break is not able to be taken only one meal claim under subclause (10)(b) of this clause is payable.

(11) 10 Hour Break Between Shifts

(a) Subject to the provisions of this clause an employee shall, where practicable, be allowed a break between shifts in the following terms:

(i) Other than in an "emergency" or in the “public interest” as defined an employee shall be allowed at least 10 consecutive hours off duty between the end of one ordinary shift and the commencement of the next ordinary hours shift.

(ii) Where an employee who has not had at least 10 consecutive hours off duty since the completion of his or her last ordinary shift is fatigued due to authorised overtime and there is four hours or more of the next rostered shift remaining to be worked, the employee may, with the approval of his or her Officer in Charge, be excused from such part of the shift to allow the designated break and shall be deemed to have commenced that shift at the rostered start time. Where a part shift is worked a shift penalty, if appropriate, will be paid.

(iii) Where an employee who has not had at least 10 consecutive hours off duty since the completion of his or her last ordinary shift is fatigued due to authorised overtime and there are less than four hours of the rostered shift remaining to be worked, the employee may, with the approval of his or her Officer in Charge, be excused from duty and shall be deemed to have worked the shift. However in these circumstances, a shift penalty will not be paid.

(iv) Overtime is to be documented as directed by the Officer in Charge.

(v) An employee seeking to be excused from his or her next rostered shift or part shift must personally contact his or her Officer in Charge or another Officer in authority for approval prior to the commencement of the shift. Such approval shall not be withheld except in an "emergency" or in the “public interest” as defined.

(12) Weekends Off Duty

Where practicable, an employee should be allowed four rostered weekends off duty over each period of 12 weeks.

(13) Christmas/New Year

(a) Where practicable, an employee should be allowed one Christmas Day and one New Year’s Eve off duty in each three year period.

(b) For the purposes of this subclause, Christmas Day means 0:00 hours 25 December to 23:59 hours 25 December and New Year’s Eve means 18:00 hours 31 December to 17:59 hours 1 January.


3.2 - OVERTIME

(1) The provisions of this clause do not apply to Police Auxiliary Officers in Training.

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

“Overtime” means all work performed only at the direction of the employer or a duly authorised Officer outside the prescribed hours of duty.

“Prescribed hours of duty” means an employee’s normal working hours as prescribed by the employer in accordance with Clause 3.1 – Hours of Duty.

“Duly authorised officer” means an officer or officers appointed in writing by the employer for the purpose of authorising overtime.

“A day” shall mean from midnight to midnight.

“Ordinary travelling time” means time that an employee would have ordinarily spent in travelling once daily from the employee’s home to the employee’s usual Headquarters and home again.

“Excess travelling time” means all time travelled on official business outside prescribed hours of duty and away from the employee’s usual Headquarters in accordance with subclause (7) of this clause.

“Fortnightly wages” means an employee’s substantive wages exclusive of any allowances such as temporary special allowance and/or higher duties allowance unless otherwise approved by the employer. Provided that a special allowance or higher duties allowance shall be included in “fortnightly wages” when overtime is worked on duties for which these allowances are specifically paid.

“Commuted Allowance” means an allowance in lieu of overtime, on call or shift allowance which is to be negotiated between the relevant parties.

(3) Reasonable Hours of Overtime

(a) The employer may require an employee to work reasonable overtime at overtime rates as specified in this clause.

(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

(i) any risk to employee health and safety;

(ii) the employee’s personal circumstances including any family responsibilities;

(iii) the needs of the workplace;

(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(v) any other relevant matter.

(4) Overtime

(a) An employee who works overtime for a greater period than 30 minutes shall be entitled to payment in accordance with paragraph (c) of this subclause, or time off in lieu of payment in accordance with paragraph (b) of this subclause, or any combination of payment or time off in lieu.

(b) Time off in lieu

(i) An employee who performs authorised overtime may elect to be paid for such overtime or alternatively be allowed time off in lieu thereof.

(ii) Where the employee’s election is for time off in lieu of overtime such time off in lieu is to be taken at a time which is mutually agreed by the employee and a duly authorised Officer. Such an application will not be unreasonably refused.

(iii) As soon as is practicable after the completion of each period of authorised overtime the employee shall submit a claim in a form directed by the employer in which he or she shall elect to be either paid for the overtime duty or be given time off in lieu thereof.

(iv) The employee is required to clear accumulated time off in lieu within two months of the overtime being performed. Provided that by agreement between the employee and the duly authorised Officer, time off in lieu of payment for overtime may be accumulated beyond two months from the time the overtime is performed so as to be taken in conjunction with periods of approved leave.

(v) If the employee is not released to clear leave within two months of the overtime being performed, and no further agreement prescribed in subclause (4)(b)(iv) of this clause is reached, the employee shall be paid for the overtime worked.

(vi) Time off in lieu shall be calculated at the ordinary hours of pay and the arrangements contained in subclause (4) of this clause, shall apply.

(c) Payment for Overtime

(i) For the first three hours worked outside the prescribed hours of duty on any one day at the rate of time and one half:

Weekly Wages
x
3
40

2

(ii) After the first three hours worked outside the prescribed hours of duty on any one day at the rate of double time:

Weekly Wages
x
2
40

1

(d) Annual Leave/ Long Service Leave

An employee directed to return to duty during periods of annual or long service leave shall be deemed to be no longer on leave for the duration of that period of duty.

(i) If the employee is directed to return to duty during a period of leave during prescribed hours of duty, then that employee shall be re-credited with that leave for the same number of hours of duty performed.

(ii) If the employee is directed to return to duty during a period of leave outside of prescribed hours of duty, then that employee shall be entitled to payment of overtime in accordance with subclause (4) of this clause.

(e) Time Worked Past Midnight

Where an employee is required to work a continuous period of overtime which extends past midnight into the succeeding day the time worked after midnight shall be included with that worked before midnight for the purpose of calculation of payment provided for in this subclause.

(f) Minimum Period for Return to Duty

(i) An employee, having received prior notice, who is required to return to duty:

(aa) on any weekly leave day, other than during prescribed hours of duty, shall be entitled to payment at the rate in accordance with paragraph (c) of this subclause for a minimum of three hours;

(bb) before or after the prescribed hours of duty on any day shall be entitled to payment at the rate in accordance with paragraph (c) of this subclause for a minimum period of one and one half hours.

(ii) For the purposes of this subclause, where an employee is required to return to duty more than once, each duty period shall stand alone in respect to the application of minimum period payment except where the second or subsequent return to duty is within any such minimum period.

(iii) The provisions of this sub-paragraph shall not apply in cases where it is customary for an employee to return to the place of employment to perform a specific job outside the prescribed hours of duty, or where the overtime is continuous (subject to a meal break) with the completion or commencement of prescribed hours of duty.

(g) Overtime at a Place Other than Usual Headquarters

(i) When an employee is directed to work overtime at a place other than usual Headquarters, and provided that the place where the overtime is to be worked is situated in the area within a radius of 50 kilometres from usual Headquarters, and the time spent in travelling to and from that place is in excess of the time which an employee would ordinarily spend in travelling to and from usual Headquarters, and provided such travel is undertaken on the same day as the overtime is worked, then such excess time shall be deemed to form part of the overtime worked.

(ii) Except as provided in paragraph (b) and (e) of subclause (7) of this clause, when an employee is directed to work overtime at a place other than usual Headquarters, and provided that the place where the overtime is to be worked is situated outside the area within a radius of 50 kilometres from usual Headquarters and the time spent in travelling to and from that place is in excess of the time which the employee would ordinarily spend in travelling to and from usual Headquarters, then the employee shall be granted time off in lieu of such excess time spent in actual travel in accordance with subclause (7) – Excess Travelling Time of this clause.

(h) 10 Hour Break

(i) When overtime is worked, a break of not less than 10 hours shall be taken between the completion of work on one day and the commencement of work on the next, without loss of wages for ordinary working time occurring during such absence.

(ii) Provided that where an employee is directed to return to or continue work without the break provided in sub-paragraph (i) of this paragraph then the employee shall be paid at double the ordinary rate until released from duty, or until the employee has had 10 consecutive hours off duty without loss of wages for ordinary working time occurring during such absence.

(5) Meal Allowances

(a) Except in the case of emergency, an employee shall not be compelled to work more than five hours overtime duty without a meal break. At the conclusion of a meal break, the calculation of the five-hour limit recommences.

(b) An employee required to work overtime of not less than two hours, and who actually purchases a meal, shall be reimbursed in accordance with Schedule A – Overtime Meal Rates, in addition to any payment for overtime to which that employee is entitled.

(c) An employee working a continuous period of overtime who has already purchased one meal during a meal break, shall not be entitled to reimbursement for the purchase of any subsequent meal in accordance with Schedule A – Overtime Meal Rates until that employee has worked a further five hours overtime from the time of the last meal break.

(d) If an employee, having received prior notification of a requirement to work overtime, is no longer required to work overtime, then the employee shall be entitled, in addition to any other penalty, to reimbursement for a meal previously purchased.

(6) Emergency Duty

(a) Where an employee is required to return to duty to meet an emergency at a time when he or she would not ordinarily have been on duty, and no notice of such recall was given prior to completion of usual duty on the last day of work prior to the day on which recalled on duty, then if recalled to duty:

(i) on any weekly leave day, otherwise than during prescribed hours of duty, he/ she shall be entitled to payment at the rate in accordance with subclause (4) of this clause for a minimum period of three hours;

(ii) before or after the prescribed hours of duty on any day other than a weekly leave day he/ she shall be entitled to payment at the rate in accordance with subclause (4) of this clause for a minimum period of two and a half hours.

(b) Time spent in travelling to and from the place of duty where the employee is actually recalled to perform emergency duty shall be included with actual duty performed for the purpose of overtime payment.

(c) An employee recalled for emergency duty shall not be obliged to work for the minimum period if the work is completed in less time, provided that an employee called out more than once within any such minimum period shall not be entitled to any further payment for the time worked within that minimum period.

(d) Where an employee is required to work beyond the minimum period on the first or subsequent recall for emergency duty, the additional time worked at the conclusion of that minimum period shall be paid in accordance with the appropriate rate in subclause (4) of this clause.

(e) Where an employee is recalled for a second or subsequent period of emergency duty outside of the initial minimum period, the employee shall be entitled to payment for a new minimum period, and the provisions of this subclause shall be re-applied.

(f) For the purpose of this subclause, no claim for payment shall be allowed in respect of any emergency duty, including travelling time, which amounts to less than 30 minutes.

(7) Excess Travelling Time

An employee eligible for payment of overtime, who is required to travel on official business outside normal working hours and away from usual Headquarters shall be granted time off in lieu of such actual time spent in travelling at equivalent or ordinary rates on weekdays and at time and one half rates on any weekly leave day, other than during prescribed hours of duty, provided that:

(a) such travel is undertaken at the direction of the employer;

(b) such travel shall not include:

(i) time spent in travelling by an employee on duty at a temporary Headquarters to the employee’s home for weekends for the employee’s own convenience;

(ii) time spent in travelling by plane between the hours of 11.00pm and 6.00am;

(iii) time spent in travelling by train between the hours of 11.00pm and 6.00am;

(iv) time spent in travelling by ship when meals and accommodation are provided;

(v) time spent in travel resulting from the permanent transfer or promotion of an employee to a new location;

(vi) time of travelling in which an employee is required by the department to drive, outside ordinary hours of duty, a departmental vehicle or to drive the employee’s own motor vehicle involving the payment of a mileage allowance, but such time shall be deemed to be overtime and paid in accordance with subclause (4) of this clause. Passengers, however, are entitled to the provisions of subclause (7) of this clause;

(vii) time spent in travelling to and from the place at which overtime or emergency duty is performed, when that travelling time is already included with actual duty time for the payment of overtime.

(c) For the purpose of this clause Police Auxiliary Officers based in the ‘metropolitan area’ – as part of their regular job requirements – may be required to perform overtime duties anywhere within the District to which they are appointed and the Perth Watch House. Time spent travelling to and from the place in which overtime duties are to be performed, at either of the aforementioned locations, will not be deemed as time worked nor will time off in lieu of such travel be granted.

(d) Time off in lieu will not be granted for periods of less than 30 minutes.

(e) Where such travel is undertaken on a normal working day, time off in lieu is granted only for such time spent in travelling before and/or after the usual hours of duty, which is in excess of the employee’s ordinary travelling time.

(f) Where the urgent need to travel compels an employee to travel during the employee’s usual lunch interval such additional travelling time is not to be taken into account in computing the number of hours of travelling time due.

(g) In the case of an employee absent from usual Headquarters, not involving an overnight stay, the time spent by that employee, outside the prescribed hours of duty, in waiting between the time of arrival at the place of duty and the time of commencing duty, and between the time of ceasing duty and the time of departure by the first available transport, shall be deemed to be excess travelling time.

(h) In the case of an employee absent from usual Headquarters that does involve an overnight stay, the time spent by that employee, outside the prescribed hours of duty, in waiting between the time of ceasing duty on the last day and the time of departure by the first available transport shall be deemed to be excess travelling time.

(8) Special Conditions

Any group of employees whose duties necessarily entail special conditions of employment shall not be subject to the prescribed hours of duty as defined in Clause 3.1 – Hours of Duty if the employer so determines.


3.3 - POLICE AUXILIARY OFFICERS IN TRAINING

(1) On-Road Training and Non Operational Training – Recruits in Training

(a) For the purpose of this clause:

(i) “On-Road Training” is defined as supervised deployment scheduled during and part of Academy training to Districts/Divisions for operational police auxiliary duties as determined by the employer; and

(ii) “Non-Operational Training” is defined as administrative duties and functions, including Perth Watch House placements, but not training undertaken on the Academy site.

(iii) “Adequate Supervision” means direct supervision by an employee who has completed probation and/or been deemed competent to perform police auxiliary duties without the direct supervision of another.

(iv) “Police Auxiliary Officers in Training” has the same meaning as Clause 1.6 – Definitions of this award that is an employee undertaking Academy based initial training.

(b) Police Auxiliary Officers in Training undertaking Academy based initial training may be rostered to work a combination of shifts on any weekly or fortnightly period for the purpose of conducting supervised On-Road Training and Non Operational Training and may be rostered the same shifts as the supervising employee.

(c) The restriction on the payment of shift allowance contained in Clause 6.2 – Shift Allowance and the restriction on the payment of overtime contained in Clause 3.2 – Overtime do not apply where recruits in training are undertaking On-Road Training or Non-Operational Training as defined in paragraph (a) of this subclause.

(d) Shift Allowance and Overtime shall not be paid where Police Auxiliary Officers in Training are undertaking initial training at the Academy or at other external training venues utilised by the employer.

(e) (i) Employees who are Police Auxiliary Officers in Training shall work a shift in accordance with local rostering arrangements in operation at the locality at the time they are undertaking On-Road Training or Non Operational Training. Any hours in excess of the rostered shift shall be compensated at overtime rates.

(ii) Employee safety remains a paramount consideration and prior to deployment employees undertaking On-road Training or Non-Operational Training shall undertake and be deemed competent in Operational Safety and Tactics training before fulfilling the requirements of the particular deployment.

(iii) Employees are to be provided with adequate supervision for the duration of the shift.


4. PART-TIME AND CASUAL EMPLOYMENT

4.1 – PART-TIME EMPLOYMENT

(1) Hours

(a) Notwithstanding other provisions contained in this clause, a part-time employee may be employed to work less than 40 hours per week either on a regular or irregular basis. The provisions of Clause 3.1 – Hours of Duty shall apply on a pro rata basis with the exception of clause 3.1(3)(c).

(b) An employee’s regular or irregular part-time hours may be varied by the employer with the consent of the employee. Where this occurs, time worked up to 10 hours on any day or a total of less than 40 hours in a week or any arrangement under subclause (5) of Clause 3.1 – Hours of Duty is not overtime but an extension of the contract hours for that day or week.

(c) Where an employee does not consent to vary their hours, the additional hours worked are to be paid at overtime rates.

(2) Overtime

(a) All time worked in excess of eight hours in a day constitutes overtime unless nine or 10 ordinary hours have been rostered, in which case, all hours in excess of nine or 10 hours in a day constitute overtime.

(b) All time worked in excess of 40 hours in a week constitutes overtime.

(c) Where an employee does not consent to vary their hours as provided in subclause (1)(b) of this clause the additional hours worked are to be paid at overtime rates. This clause does not apply where a part-time employee has been rostered to work a New Year or Christmas shift in accordance with clause 3.1(13) – Christmas/New Year.

(d) The provisions of paragraphs (a) and (b) of this subclause shall not apply in cases where other ordinary hours shift arrangements are being worked pursuant to clause 3.1(5) – Flexible Rostering Arrangements. In such cases, overtime shall be paid for periods in excess of the ordinary hours being worked on a shift.

(3) Wages

(a) A part-time or irregular part-time employee shall be paid a proportion of the appropriate full-time wages contained in subclause (1) of Clause 5.1 – Wages dependent on the number of hours worked. The wages shall be calculated in accordance with the following formula:

Hours Worked Per Week
x
Full-Time Weekly Wages
40

1

(b) A part-time or irregular part-time employee shall be entitled to all available wages increments, on the same basis as a full-time employee, on a pro-rata basis by calculating the hours worked by the part-time employee each fortnight as a proportion of 40.

(4) Shift Allowance

A part-time or irregular part-time employee working ordinary hours shifts of other than eight hours shall be paid a proportion of the appropriate allowance contained in subclause (2) of Clause 6.2 – Shift Allowance.

(5) Other Provisions

Other provisions apply on a pro-rata basis.

(6) Accommodation of Requests to Work Part-Time

The employer shall, where practicable, accommodate reasonable requests from employees to work part-time hours or to vary part-time hours.


4.2 – CASUAL EMPLOYMENT

(1) Wages

A casual employee shall be paid for each hour worked at the appropriate classification contained in Clause 5.1 – Wages in accordance with the following formula:

Weekly Wages
40

With the addition of 20 percent in lieu of annual leave, sick leave and payment for public holidays.

(2) Conditions of Employment

(a) Conditions of employment, leave and allowances shall not apply to a casual employee with the exception of bereavement leave. However, where expenses are directly and necessarily incurred by a casual employee in the ordinary performance of their duties, he/she shall be entitled to reimbursement in accordance with these provisions.

(b) The employment of a casual employee may be terminated at any time by the causal employee or the employer giving to the other, one hour’s notice. In the event of an employer or casual employee failing to give the required notice, one hour’s wages shall be paid or forfeited.

(c) The provisions of Clause 3.2 - Overtime do not apply to casual employees who are paid by the hour for each hour worked. Additional hours are paid at the normal casual rate.

(d) A casual employee shall be informed that their employment is casual and that they have no entitlement to paid leave, with the exception of bereavement leave, before they are engaged.

(e) A casual employee is entitled to a minimum payment of three hours per shift, regardless of time actually worked.

(f) Shift penalties are paid if the type of shift the employee is working attracts a penalty.


5. WAGES

5.1 – WAGES

(1) Rates of Pay

Year of Service
$ Per Week
Rates of Pay expressed as annualised wages ($)
Police Auxiliary Officer in Training
866.55
45,205
BAND 1





AP1.1
1,036.76
54,084
AP1.2
1,064.32
55,522
AP1.3
1,091.87
56,959
AP1.4
1,119.43
58,397
AP1.5*
1,146.98
59,834
BAND 2





AP2.1
1,181.41
61,630
AP2.2
1,205.02
62,862
AP2.3
1,229.12
64,119
AP2.4
1,253.71
65,402
AP2.5
1,278.79
66,710
BAND 3





AP3.1
1,325.68
69,156
AP3.2
1,352.17
70,538
AP3.3
1,379.24
71,950
AP3.4
1,406.82
73,389
AP3.5
1,434.94
74,856
*Key classification rate

(2) An employee’s wages 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 Under Treasurer or an Accountable Officer; provided that where such form of payment is impracticable or where some exceptional circumstances exist, and by agreement of the employer, payment by cheque may be made.

(3) Salary Packaging

(a) An employee may, by agreement with the employer, enter into a salary packaging arrangement in accordance with the Western Australia Police Flexible Remuneration Packaging Arrangement or any similar salary packaging arrangements offered by the employer.

(b) Salary packaging is an arrangement whereby the entitlements under this award, contributing toward the Total Employment Cost (as defined) of an employee, can be reduced by and substituted with another or other benefits.

(c) For the purposes of the clause, Total Employment Cost (TEC) is defined as the cost of salary and other benefits aggregated to a total figure or TEC, less the cost of Compulsory Employer Superannuation Guarantee contributions.

The TEC for the purposes of salary packaging is calculated by adding:

(i) the base wage;

(ii) other cash allowances, e.g. annual leave loading, commuted shift allowances, commuted overtime allowance;

(iii) non-cash benefits, e.g. superannuation, motor vehicles etc;

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

(v) any variable components, e.g. performance based incentives (where they exist).

(d) Where an employee enters into a salary packaging arrangement, the employee will be required to enter into a separate written agreement with the employer that sets out the terms and conditions of the arrangement.

(e) The salary packaging arrangement must be cost neutral in relation to the total cost to the employer.

(f) The salary packaging arrangement must comply with relevant taxation laws and the employer will not be liable for additional tax, penalties or other costs payable or which may become payable by the employee.

(g) In the event of any increase or additional payments of tax or penalties associated with the employment of the employee under the salary packaging agreement or the provision of employer benefits under the salary packaging agreement, such tax, penalties and any other costs shall be borne by the employee.

(h) In the event of significant increases in Fringe Benefit Tax liability or administrative costs relating to arrangements under this clause or any other reason as agreed between the employee and the employer, the employee may vary or cancel a salary packaging arrangement.

(i) The salary of the employee prior to the application of the salary packaging arrangement will be utilised for the purposes of calculating overtime and annual leave loading.

(j) The employer shall not unreasonably withhold agreement to salary packaging on request from an employee.

(4) Formula Rates

(a) For the purposes of ascertaining the rate per fortnight the total annual wage shall be multiplied by 12 and divided by 313.

(b) For the purpose of ascertaining the rate per day the rate per fortnight shall be divided by 10.

(c) For the purpose of ascertaining the rate per hour the annual wages prescribed in subclause (1) of this clause shall be divided by 313, multiplied by 12 and divided by 80.


5.2 – ANNUAL INCREMENTS

(1) Employees shall progress to the maximum of their wages band by annual increment, subject to a satisfactory report on the employee’s level of performance and conduct.

(2) The following procedure will apply prior to the payment of an increment:

(a) Their Officer in Charge will produce a report on the employee’s performance and conduct no later than 12 months since the employee’s last incremental advance.

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

(c) Where the report is unsatisfactory:

(i) The employee will be shown the report which shall include details of previous warnings and counselling and shall be required to initial it.

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

(iii) The employer will immediately consider an employee’s comments and make a decision as to whether to approve the payment of the increment or withhold the payment of the increment for a specific period.

(iv) Where the increment is withheld, a performance management plan will be established, including regular monitoring of the employee’s compliance. The employer will, prior to the expiry of the specified period, complete a further report in which the above provisions will apply.

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

5.3 – MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more is $645.90 per week payable on and from the commencement of the first pay period on or after 1 July 2013.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9) Minimum Adult Award Wage

(a) The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2013 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

(b) Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $557.20 per week on and from the commencement of the first pay period on or after 1 July 2013.

(b) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.


6. ALLOWANCES

6.1 – AVAILABILITY - ON CALL - CLOSE CALL - STANDBY ALLOWANCE

(1) For the purposes of this clause:

“Availability” shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an employee to remain contactable, but not necessarily immediately contactable by telephone or other means, outside the employee’s normal hours of duty and be available and in a fit state at all such times for recall to duty. Availability will not include situations in which employees carry telephones or other means of communication or make their telephone numbers or other contact details available only in the event that they may be needed for casual contact or recall to work.

“On call” shall mean a situation in which an employee is rostered, or directed by a duly authorised Senior Officer, to be available to respond forthwith for duty outside of the employee’s ordinary working hours or shift. An employee placed on call shall remain contactable by telephone or paging system for all of such time unless working in response to a call or with the consent of his or her appropriate Senior Officer.

“Close call” shall mean a situation in which an employee is rostered, or directed by a duly authorised Senior Officer, that they are or may be required to attend for extra duty sometime before their next normal time of commencing duty and that the employee is to remain at his or her residence and be required to be available for immediate recall to duty.

“Standby” shall mean a situation in which an employee is rostered or directed by a duly authorised Senior Officer to remain in attendance at his or her place of employment at that time, overnight and/or over a non-working day, and may be required to perform certain tasks periodically or on an ad hoc basis. Such employees shall be provided with appropriate facilities for sleeping if attendance is overnight, and other personal needs, where practicable.

(2) An employee who is authorised by the employer or a duly authorised Senior Officer to hold themselves available under any of the conditions contained in subclause (1) of this clause, shall be paid the appropriate allowance in accordance with the following scale:

Availability





10
100
x
1
40
x
6
313
x
Annualised wage prescribed for a Police Auxiliary Officer Band 1.5, for each hour or part thereof they are rostered for availability.







On-Call





20
100
x
1
40
x
6
313
x
Annualised wage prescribed for a Police Auxiliary Officer Band 1.5, for each hour or part thereof they are rostered for on-call.







Close-Call





30
100
x
1
40
x
6
313
x
Annualised wage prescribed for a Police Auxiliary Officer Band 1.5, for each hour or part thereof they are rostered for close-call.







Standby





40
100
x
1
40
x
6
313
x
Annualised wage prescribed for a Police Auxiliary Officer Band 1.5, for each hour or part thereof they are rostered for standby.

(3) Payment in accordance with subclause (2) of this clause shall not be made in respect to any period for which payment is otherwise made in accordance with the provisions of Clause 3.2 – Overtime when the employee is recalled to work.

(4) An employee, whilst in a restricted situation specified in subclause (1) of this clause, shall receive a minimum payment of four hours regardless of the actual specified period.


6.2 – SHIFT ALLOWANCE

(1) Subject to clause 3.3(1)(c), the provisions of this clause do not apply to Police Auxiliary Officers in Training.

(2) (a) Saturday and Sunday Shift Penalties

Police Auxiliary Officers shall be paid an allowance of $32.91 for each ordinary eight hour day shift worked on Saturdays and Sundays.

(b) Afternoon Shift Penalties

Police Auxiliary Officers shall be paid an allowance of $37.48 for each ordinary eight hour afternoon shift worked.

(c) Evening Shift Penalties

Police Auxiliary Officers shall be paid an allowance of $47.81 for each ordinary eight hour evening shift worked.

(d) Night Shift Penalties

Police Auxiliary Officers shall be paid an allowance of $56.21 for each ordinary eight hour night shift worked.

(3) Police Auxiliary Officers who work shifts of other than eight hours duration under the provisions of Clause 3.1 – Hours of Duty or Clause 4.1 – Part-time Employment shall be paid the shift allowance prescribed in subclause (2) of this clause where appropriate on a pro-rata basis.

(4) Pro Rata Arrangements for 12, 10 and Nine Hour Shifts

(a) Where an eight hour block of a 12 hour shift is worked within the night shift span of hours (8pm to 5.30am), a night shift allowance will be paid in conjunction with a 50% entitlement to the evening shift allowance. For example, an employee commencing a 12 hour shift at 7pm will be entitled to four hours at the evening shift allowance and eight hours at the night shift allowance.

(b) For all other 12 hour shifts, the shift penalty to apply is based on commencement time for the first eight hours and the following shift type for the remaining four hours. For example, an employee commencing a shift at 7.00am will be considered to have worked a day shift (no penalty unless weekend) and will be paid 50% of the afternoon shift penalty.

(c) For a 10 hour evening shift, penalties will be applied as follows, depending on the start time:

5.00pm hours to 5.30pm hours start time: shift allowance payable = 1.25 evening shift.

6.00pm hours to 7.30pm hours start time: shift allowance payable = 0.25 evening shift + 1.00 night shift.

(d) For a nine hour evening shift, allowances will be applied as follows, depending on the start time:

5.00pm hours to 5.30pm hours start time: shift allowances payable = 1.125 evening shift.

6.00pm hours to 7.30pm hours start time: shift allowance payable = 0.125 evening shift + 1.00 night shift.

(e) For all other applicable nine or 10 hour shifts, the shift allowance is based on commencement time and is paid pro rata. For example, a 10 hour shift will incur a 1.25 of the applicable shift penalty; a nine hour shift will incur a 1.125 of the applicable shift penalty.


6.3 – CAMPING ALLOWANCE

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

“Camp of a permanent nature” means single room accommodation in skid mounted or mobile type units, caravans, or barracks type accommodation where the following are provided in the camp:

• water is freely available;

• ablutions including a toilet, shower or bath and laundry facilities;

• hot water system;

• a kitchen, including a stove and table and chairs, except in the case of a caravan equipped with its own cooking and messing facilities;

• an electricity or power supply; and

• beds and mattresses except in the case of caravans containing sleeping accommodation.

For the purpose of this definition caravans located in caravan parks or other locations where the above are provided shall be deemed a camp of a permanent nature.

“House” means a house; duplex or cottage including transportable type accommodation, which is self-contained and in which the facilities prescribed for “camp of a permanent nature” are provided.

“Other than a permanent camp” means a camp where any of the above is not provided.

(2) An employee, who is stationed in a camp of a permanent nature, shall be paid the appropriate allowance prescribed by Item (1) or Item (2) of Schedule B – Camping Allowance for each day spent camping.

(3) An employee, who is stationed in a camp – other than a permanent camp – or is required to camp out, shall be paid the appropriate allowance prescribed by Item (3) or Item (4) of Schedule B – Camping Allowance for each day spent camping.

(4) Employees who occupy a house shall not be entitled to allowances prescribed by this clause.

(5) Employees accommodated at a government institution, hostel or similar establishment shall not be entitled to allowances prescribed by this clause.

(6) Where an employee is provided with food and/or meals by the department free of charge, then the employee shall only be entitled to receive half the appropriate allowance to which the employee would otherwise be entitled for each day spent camping.

(7) (a) An employee shall not be entitled to receive an allowance for periods in excess of 91 consecutive days unless the employer otherwise determines. Provided that where an employee is reimbursed under the provisions of Clause 6.7 – Travelling Allowance, then such periods shall be included for the purposes of determining the 91 consecutive days.

(b) Any determination by the employer under this subclause will be in accordance with Schedule B - Camping Allowance.

(8) When camping, an employee shall be paid the allowance on weekly leave days if available for work immediately preceding and succeeding such days and no deduction shall be made under these circumstances when an employee does not spend the whole or part of the weekend in camp, unless the employee is reimbursed under the provisions of Clause 6.7 – Travelling Allowance.

(9) This clause shall be read in conjunction with Clauses 6.6 – Relieving Allowance, 6.7 – Travelling Allowance and 6.10 – Transfer Allowance for the purpose of paying allowances, and camping allowance shall not be paid for any period in respect of which travelling; transfer or relieving allowances are paid. Where portions of a day are spent camping, the formula contained in Clause 6.7 – Travelling Allowance shall be used for calculating the portion of the allowance to be paid for that day.

For the purposes of this subclause arrival at Headquarters shall mean the time of actual arrival at camp. Departure from Headquarters shall mean the time of actual departure from camp or the time of ceasing duty in the field subsequent to breaking camp, whichever is the latter.

(10) Employees in receipt of an allowance under this clause shall not be entitled to receive the incidental allowance prescribed by Clause 6.7 – Travelling Allowance.

(11) Whenever an employee provided with a caravan is obliged to park the caravan in a caravan park he or she shall be reimbursed the rental charges paid to the authority controlling the caravan park, in addition to the payment of camping allowance.

(12) Where an employee, who is not supplied with camping equipment by the department, hires such equipment as is reasonable and necessary, he or she shall be reimbursed such hire charges, in addition to the payment of camping allowances.


6.4 – HIGHER DUTIES ALLOWANCE

(1) An employee who is directed by the employer to act in a position which has a minimum rate of pay higher than the ordinary rate of pay of his or her own substantive position and who performs the full duties and accepts the full responsibility of the higher position for a continuous period of 40 or more consecutive working hours, shall, subject to the provisions of this clause, be paid an allowance equal to the difference between the employee’s own wages and the wages he or she would receive if he or she was permanently appointed to the position in which he or she is so directed to act.

(2) An employee who is directed by the employer to perform the duties of a higher classification which has a minimum rate of pay higher than the ordinary rate of pay of his or her own substantive position and who performs the full duties and accepts the full responsibility of the higher classification for a continuous period of 40 or more consecutive working hours, shall, subject to the provisions of this clause, be paid a Temporary Special Allowance equal to the difference between the employee’s own wages and the wages he or she would receive if he or she was permanently appointed to the classification in which he or she is so directed to perform.

(3) Where an employee who has qualified for payment of higher duties allowance or temporary special allowance under this clause is required to act in another position or other positions which have a minimum rate of pay higher than the ordinary rate of pay of the employee’s own substantive position and he or she performs the full duties and accepts the full responsibility of the higher position for periods less than 40 consecutive working hours without any break in acting service, such employees shall be paid a higher duties allowance for such periods; provided that payment shall be made at the highest rate the employee has been paid during the term of continuous acting or at the rate applicable to the position in which he or she is currently acting – which ever is the lesser.

(4) Where an employee, who is in receipt of an allowance granted under this clause and has been so for a continuous period of 12 months or more, proceeds on a period of approved leave of absence of not more than 240 hours, he or she shall continue to receive the allowance for the period of leave. Provided that this subclause shall also apply to an employee who has been in receipt of an allowance for less than 12 months if during his or her absence no other employee acts in the position in which he or she was acting immediately prior to proceeding on leave and he or she resumes in the position immediately on return from leave.

(5) Where an employee, who is in receipt of an allowance granted under this clause proceeds on a period of approved leave of absence of more than 240 hours, he or she shall not be entitled to receive payment of such allowance for the whole or any part of the period of such leave.


6.5 – MOTOR VEHICLE ALLOWANCE

(1) An employee who is required to use his or her motor car or motorcycle for the performance of Police Auxiliary Officer duties shall be paid an allowance at the appropriate rate prescribed in Schedule D – Motor Vehicle Allowance. In addition he or she shall be paid an allowance of $10.00 per month for each calendar month he or she is so required.

(2) An employee may request to his or her Officer in Charge to use his or her motor car or motorcycle when travelling, in lieu of utilising the mode of transport that would have been provided by the employer and the Officer in Charge may approve such request. Such request and approval shall be in writing. In these circumstances, the employee shall be paid an allowance at the appropriate rate prescribed in Schedule D – Motor Vehicle Allowance, provided that reimbursement is not to exceed the cost of the fare for the mode of transport that would have been provided by the employer.

(3) The provisions of subclause (2) do not apply to employees travelling within the Metropolitan Area.


6.6 – RELIEVING ALLOWANCE

An employee, who is required to take up duty away from Headquarters on relief duty or to perform special duty, and necessarily resides temporarily away from the employee’s usual place of residence, shall be reimbursed reasonable expenses on the following basis:

(1) Where the employee:

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

(b) is accommodated at a government institution, hostel or other similar establishment and supplied with meals, reimbursement shall be in accordance with the rates prescribed in Column A, Items (1), (2) or (3) of Schedule C – Travelling, Transfer and Relieving Allowance.

(2) Where employees are fully responsible for their own accommodation, meals and incidental expenses and hotel or motel accommodation is utilised:

(a) For the first 42 days after arrival at the new locality reimbursement shall be in accordance with the rates prescribed in Column A, Items (4) to (8) of Schedule C – Travelling, Transfer and Relieving Allowance.

(b) For periods in excess of 42 days after arrival in the new locality reimbursement shall be in accordance with the rates prescribed in Column B, Items (4) to (8) of Schedule C – Travelling, Transfer and Relieving Allowance for employees with dependants or Column C, Items (4) to (8) of Schedule C – Travelling, Transfer and Relieving Allowance for other employees: Provided that the period of reimbursement under this subclause shall not exceed 49 days without the approval of the employer.

(3) Where employees are fully responsible for their own accommodation, meal and incidental expenses and 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 C – Travelling, Transfer and Relieving Allowance.

(4) If an employee whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the employee shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $189.00 to cover incidental personal expenses: Provided that an employee shall receive no more than one lump sum of $189.00 in any one period of three years.

(5) Reimbursement of expenses shall not be suspended should an employee become ill whilst on relief duty, provided leave for the period of such illness is approved in accordance with the provisions of this award and the employee continues to incur accommodation, meal and incidental expenses.

(6) When an employee who is required to relieve or perform special duties in accordance with the preamble of this clause is authorised by the employer to travel to the new locality in the employee’s own motor vehicle, reimbursement for the return journey shall be as follows:

(a) Where the employee will be required to maintain a motor vehicle for the performance of the relieving or special duties, reimbursement shall be in accordance with the appropriate rate prescribed by subclause (1) of Clause 6.5 – Motor Vehicle Allowance.

(b) Where the employee will not be required to maintain a motor vehicle for the performance of the relieving or special duties, reimbursement shall be in accordance with the appropriate rate prescribed by subclause (2) of Clause 6.5 – Motor Vehicle Allowance. Provided that the maximum amount of reimbursement shall not exceed the cost of the fare by public conveyance which otherwise would be utilised for such return journey.

(7) Where 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, an appropriate rate of reimbursement shall be determined by the employer.

(8) The provisions of Clause 6.7 – Travelling Allowance shall not operate concurrently with the provisions of this clause to permit an employee to be paid allowances in respect of both travelling and relieving expenses for the same period: Provided that where an employee is required to travel on official business which involves an overnight stay away from the employee’s temporary Headquarters the employer may extend the periods specified in subclause (2) of this clause by the time spent in travelling.

(9) An employee who is directed to relieve another employee to perform special duty away from the employee’s usual Headquarters and is not required to reside temporarily away from his or her usual place of residence shall, if the employee is not in receipt of a higher duties or special allowance for such work, be reimbursed the amount of additional fares paid by the employee travelling by public transport to and from the place of temporary duty.

(10) For the purposes of this clause, Police Auxiliary Officers based in the ‘metropolitan area’ – as part of their regular job requirements – may be directed to relieve another employee or to perform special duty anywhere within the District to which they are appointed and the Perth Watch House. Duties performed at either of these locations will not attract Relieving Allowance.


6.7 – TRAVELLING ALLOWANCE

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

(1) When a trip necessitates an overnight stay away from Headquarters and the employee is supplied with accommodation and meals free of charge reimbursement shall be in accordance with the rates prescribed in Item (1), (2) or (3) of Schedule C - Travelling, Transfer and Relieving Allowance. Such accommodation and meals shall be of an acceptable standard of at least single room accommodation with private toilet and bathroom facilities, where available.

Where meals are supplied the standard of such meals shall be reflective of the values in Items (12) and (13) of Schedule C - Travelling, Transfer and Relieving Allowance, where available.

(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 and “Commercial Accommodation” is utilised reimbursement shall be in accordance with the rates prescribed in Items (4) to (8) of Schedule C - Travelling, Transfer and Relieving Allowance.

(3) 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 and accommodation other than camping or “Commercial Accommodation” is utilised reimbursement shall be in accordance with the rates prescribed in Item (9), (10) or (11) of Schedule C - Travelling, Transfer and Relieving Allowance.

(4) To calculate reimbursement under subclause (1), subclause (2) and subclause (3) 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

(c) The rate to be applied is that applicable for the locality/ town in which the employee stays overnight, except for the final day or part thereof which is calculated at the rate for the previous overnight location.

(5) When a trip necessitates an overnight stay away from Headquarters and the employee is provided with accommodation free of charge but only some or no meals free of charge, reimbursement shall be at the rate prescribed in Item (1), (2) or (3) of Schedule C - Travelling, Transfer and Relieving Allowance or for part of a day as proportioned in subclause (4) of this clause and reimbursed for the appropriate breakfast, lunch or dinner rates prescribed in Items (12), (13) or (14) of Schedule C - Travelling, Transfer and Relieving Allowance.

(6) (a) (i) When an employee stationed in the Metropolitan Area travels to a place outside of that area or an employee stationed outside the Metropolitan Area travels to a place outside a radius of 24 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 Item (12), (13) or (14) of Schedule C - Travelling, Transfer and Relieving Allowance, subject to the employee’s certification that each meal claimed was actually purchased and consumed over a recognised meal period and the employee was outside the respective area for the whole of the recognised meal period.

(ii) 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 Items (4) to (8) of Schedule C - Travelling, Transfer and Relieving Allowance.

(b) For the purpose of this subclause:

(i) Where an ordinary hours shift is being worked the recognised meal break in that shift shall be 40 minutes in the case of an eight hour shift and on a pro-rata basis where an ordinary hours shift of other than eight hours is being worked. Such meal period to be authorised by the Officer in Charge to commence at some time within the 4th, 5th or 6th hour of the shift for an eight hour shift and on a pro rata basis for ordinary shifts of other than eight hours. For an ordinary hours shift only one meal may be purchased and consumed over the shift; and

(ii) Where the travel extends beyond an ordinary hours shift;

(aa) an employee travelling a minimum of 10 hours shall be entitled to a further meal break; and

(bb) for each further five hours travelled from the completion of the previous meal break, a further meal break.

(iii) In determining the appropriate rate for the meal where the meal period falls between the span of hours in Column 1 the appropriate rate prescribed in Column 2 shall apply.

Column 1
Column 2
6.00am or later but before 11.00am
Breakfast
11.00am or later but before 4.00pm
Lunch
4.00pm or later but before 10.00pm
Dinner
10.00pm or later but before 6.00am
Supper

(7) (a) An employee stationed in the Metropolitan Area who is disadvantaged financially by additional travelling costs incurred due to a requirement to attend an Academy course for a period of five days or more may be paid a special allowance.

(b) Each claim is to be dealt with on its individual merits with the maximum allowable reimbursement being the rate prescribed in Item (1) of Schedule C - Travelling, Transfer and Relieving Allowance.

(8) In addition to the rates contained in Schedule C - Travelling, Transfer and Relieving 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.

(9) 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.

(10) Reimbursement of expenses shall not be suspended should an employee become ill whilst travelling, provided such illness is recognised and approved in accordance with the provisions of this award.

(11) Reimbursement claims for travelling in excess of 14 days in one month shall not be passed for payment by a certifying officer unless the employer or his or her nominee has endorsed the account.

(12) An employee stationed in the Metropolitan Area who is relieving at, or temporarily transferred to, any place within that area shall not be reimbursed the cost of meals purchased, but an employee travelling on duty within that area who for operational reasons is unable to return to Headquarters for a scheduled meal and as a consequence is absent from his or her Headquarters over the specified meal period shall be paid at the rate prescribed by Item (15) of Schedule C - Travelling, Transfer and Relieving Allowance for each meal necessarily purchased, provided that:

(a) a requirement to return to Headquarters for a scheduled meal break would lead to additional travelling costs or cause lost working time due to travel which is in excess of the rate prescribed in Item (15) of Schedule C - Travelling, Transfer and Relieving Allowance; 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 (16) of Schedule C - Travelling, Transfer and Relieving Allowance.

A specified meal period for the purposes of this subclause shall be a meal period authorised by the Officer in Charge to commence at some time within the 4th, 5th or 6th hour of the employee’s ordinary eight hour shift.

(13) An employee travelling on an aircraft (fixed or rotary wing) which travels outside a radius of 50 kilometres measured from the employee’s Headquarters and returns to the place of departure without landing at another place shall not be entitled to any allowance under this clause unless the trip extends for a period in excess of four hours and the employee certifies he or she purchased a meal for consumption on the trip. Where the aircraft lands at other than the departure point and the employee purchases and consumes a meal the provisions of this clause apply.

(14) Where interstate travel is involved the time differences are to be disregarded for the purposes of calculating travelling allowances and Western Australian time is to be used in claiming allowances involving an overnight stay.

(15) Where an employee claims reimbursement for meals or the daily rate specified for hotel or motel in Items (4) to (14) of Schedule C - Travelling, Transfer and Relieving Allowance the employee shall certify that the meals were purchased or hotel or motel accommodation was actually utilised. An employee may be required to produce receipts or other evidence to substantiate any claim. Meal allowances shall not apply where a meal is supplied without charge to an employee.

(16) An employee shall only be paid one allowance for any one meal period.

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

(18) (a) An employee stationed in the Metropolitan Area who attends a training course at the Police Academy may request to be provided with accommodation at the Police Academy and the employer may provide such accommodation, where practicable.

(b) In such circumstances, employees are fully responsible for their own meals and incidental expenses and are not entitled to the allowances prescribed by this clause.


6.8 – DISTRICT ALLOWANCE

District allowance shall be paid in accordance with the applicable rates in force from time to time in the Public Service of Western Australia.


6.9 – 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 50 percent 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 50 kilometres form the Perth City Railway Station; and

(ii) outside the metropolitan area, that area within a radius of 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 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 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 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 subclause (2)(b) of this clause unless the employee is entitled to be paid a property allowance under subclause (2)(a) of this clause, provided that the employer may approve the payment of a property allowance under subclause (2)(b) of this clause to an employee who is not entitled to be paid a property allowance under subclause (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 these provisions 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 12 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.


6.10 – 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, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, shall be paid at the rates prescribed in Column A, Item (4), (5) or (6) of Schedule C – Travelling, Transfer and Relieving Allowance for a period of 14 days after arrival at new Headquarters within Western Australia or Column A, Items (7) and (8) of Schedule C – Travelling, Transfer and Relieving Allowance for a period of 21 days after arrival at a new Headquarters in another State of Australia: 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 6.7 – Travelling Allowance 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 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 settlement.

(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, be paid in accordance with the rates prescribed by Column B, Items (4), (5), (6), (7) or (8) of Schedule C – Travelling, Transfer and Relieving 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 (17) and (18) of Schedule C – Travelling, Transfer and Relieving Allowance.

and provided that –

(b) if any costs are incurred under subclause (2) of Clause 6.11 – Disturbance Allowance they shall be reimbursed by the employer.


6.11 – DISTURBANCE ALLOWANCE

(1) An employee who is transferred in accordance with subclause (1) of Clause 6.10 – Transfer Allowance and incurs expenses in the areas referred to in subclause (2) of this clause as a result of that transfer shall be reimbursed the actual expenditure incurred upon production of receipts or such other evidence as may be required.

(2) The disturbance allowance shall include:

(a) Costs incurred for the installation/ connection/ reconnection of a telephone at the employee’s new residence provided a telephone had been installed at the employee’s former residence. Save that reimbursement shall also be made where an employee is transferred and leaves the residence in which he or she had installed a telephone and returns to the former locality on subsequent transfer.

(b) Costs incurred with the connection or reconnection of water, gas and/or electricity services to the employee’s household.

(c) Costs incurred with the re-direction of mail for a period of three months.


6.12 – 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 $557.00 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 $3342.00.

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00.

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.

(4) An 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 $1037.00 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 4 years without the approval of the employer.

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

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

(9) The employer may agree to provide removal assistance greater than specified in this award and if in the event that the employee to whom the benefit is granted elects to leave the position, on a permanent basis, within 12 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 this subclause, “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.


7. LEAVE ARRANGEMENTS

7.1 - SICK LEAVE

(1) Entitlement

(a) The employer shall credit each permanent employee with the following sick leave credits, which shall be cumulative:


Sick Leave on full pay
Sick Leave on half pay

On the day of initial appointment

40 hours

16 hours



On completion of 6 months continuous service
40 hours
24 hours



On the completion of 12 months continuous service
80 hours
40 hours



On the completion of each further period of 12 months continuous service
80 hours
40 hours

(b) 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. 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 the contract.

(c) A part-time employee 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.

(d) The provisions of this clause do not apply to casual employees.

(2) 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 a reasonable person required in paragraph (a) of this subclause shall not exceed, in the aggregate, five working days in any one credit year.

(3) 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.

(4) 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 a registered medical practitioner nominated by the employer. The fee for any such examination shall be paid by the employer.

(5) 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.

(6) 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.

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

(8) 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.

(9) Where an employee who has been retired by the employer 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 and is subsequently reappointed.

(10) Workers’ Compensation

Where an employee suffers a disability within the meaning of section 5 of the Workers’ Compensation and 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 and Injury Management Act 1981 where the claim for worker’s 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.

(11) 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 120 hours (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 360 hours (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.

(12) 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 in the Western Australia Police 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 prescribed by Administrative Instruction 611;

(ii) the employee’s employment with Western Australia Police 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 with the Western Australia Police 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.


7.2 - CARERS LEAVE

(1) An employee is entitled to use, each year, up to 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 is ill or injured, or an unexpected emergency affecting the member.

(2) Employees 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.

(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 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 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 dependant on, or is a member of the household of, the employee.

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


7.3 - SHORT LEAVE

(1) (a) The employer may, upon sufficient cause being shown, grant an employee short leave on full pay not exceeding 16 consecutive working hours, but any leave granted under the provisions of this clause shall not exceed, in the aggregate, 24 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:

Hours worked per fortnight
x
24 hours
80
1

(c) An employee employed on a fixed term contract of less than 12 months shall be eligible for pro rata short leave in accordance with this clause.

(2) Subject to the prior approval of the supervisor, employees located outside a radius of 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.


7.4 - ANNUAL LEAVE

(1) (a) (i) Each employee shall be granted annual leave of 240 hours on full pay for each year of service.

(ii) Annual leave shall be calculated on a calendar year basis commencing on January 1 in each year. Provided that such employee stationed in the North West shall be granted an additional 40 hours leave on full pay for each year of service in the North West.

(b) With the consent of the employer, annual leave may be taken in more than one period. Such periods may be single days. The number of hours deleted shall be subject to the number of ordinary hours the employee is rostered to work on such single day.

(c) Where annual leave is taken in more than one period as provided in subclause (1)(b) of this clause, the travelling time allowed under subclause (10) of this clause shall only apply to one period of annual leave per annum.

(2) (a) For the purposes of compiling the annual leave roster showing the commencing and finishing date of annual leave prescribed by subclause (1) of this clause each employee shall by no later than 30 June each year give notice to the employer of the dates that the employee prefers to commence and finish the employee’s annual leave in the year immediately following.

(b) The notice referred to in subclause (2)(a) of this clause shall be submitted to the employee’s Officer in Charge.

(3) (a) An employee shall only take annual leave in accordance with the dates indicated in relation to the employee on the roster of annual leave applicable in that year unless the dates on the roster are altered.

(b) The employer or the Officer in Charge concerned may alter the dates indicated on the roster of annual leave either in relation to a particular employee or generally.

(4) An employee is not entitled to accumulate annual leave except with the written permission of the employer.

(5) Where the employer is of the opinion that special circumstances exist in a particular case the employer may grant an employee leave (not being annual leave) with or without payment during that period.

(6) (a) Where an employee on annual leave is recalled to attend at Court from matters arising during the course of the employee’s duties or to perform other duties the employee shall be paid or be entitled to receive for each day or part thereof additional payment at ordinary rates for the period of the recall including travelling time plus one shift added to his or her annual leave. Alternatively, the employee may elect to have two shifts added to his or her annual leave.

(b) Where an employee is required to attend Court or to perform other duties on an additional day granted for previous attendance under subclause (6)(a) of this clause, the employee shall be entitled to receive an additional one shift for attending Court or performing other duties, plus an additional two shifts, a total entitlement of three shifts. The additional shifts under this subclause shall be taken at a time mutually agreed between the employee and the employer.

(c) Where an employee has had to leave a holiday destination to travel for Court and then advised prior to starting work that his or her attendance is no longer required he or she shall be entitled to the additional annual leave days as provided in paragraph (a) of this subclause.

(d) Where an employee is ill or injured during his or her period of annual leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the employer that he or she was as a result of illness confined to his or her place of residence or a hospital for at least seven days, he or she may with the approval of the employer be granted, at a time convenient to the employer, additional leave equivalent to the period during which he or she was so confined unfit.

(7) Notwithstanding the provisions contained in this clause the wages payable to a part-time employee during the period of leave shall be calculated, based on the fortnightly wages at the time the leave is taken, in accordance with the following formula:

Hours worked per fortnight
x
Full time fortnightly wages
80
1

(8) A loading of 17.5% shall be paid to employees in December in the calendar year in which the leave accrues, calculated on the award rate of pay with respect to a maximum of five weeks annual leave. Provided that in no case shall the loading exceed the amount set out in the “Average Weekly Total Earnings of all Males in Western Australia”, as published by the Australian Bureau of Statistics for the September quarter immediately preceding the date the leave became due.

In respect to part-time employees the loading is to be proportioned according to the average number of hours worked in that calendar year.

(9) Annual Leave loading shall not be paid for any pro rata leave to which an employee is entitled on resignation.

(10) Annual Leave Travel Concessions

(a) Employees Stationed in Remote Areas

(i) The travel concessions contained in the table immediately following are provided to an employee, partner and dependant children when proceeding on annual leave to either Perth, Geraldton or other place outside of the employee’s district which is approved by the employer, from Headquarters situated in the Annual Leave Travel Concession Areas 3, 5 and 6, and in that portion of Area 4 located north of 300 South latitude as provided by Schedule E – Annual Leave Travel Concession Boundaries.

(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 the employer’s convenience or who are unable to complete the required 12 months service in the special area due to causes beyond the employee’s control will be allowed the concessions. The concession may also be given to an employee who proceeds on annual leave before completing the year’s service provided that the employee returns to the area to complete the year’s service at the expiration of the period of leave.

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

(iv) Provided the concession does not exceed the value of the fully refundable return economy airfare from his or her Headquarters to Perth an employee may elect to use the concession to purchase a return economy airfare or equivalent motor vehicle allowance to any destination of his or her choice. Should the cost of the chosen return economy airfare be less than the value of the fully refundable return economy airfare to Perth the lesser amount shall be paid. Accommodation costs of any travel package arrangement will not be paid as part of this concession.

(v) Travel concessions not utilised within 12 months of becoming due will lapse.

(vi) Where special circumstances exist the employee’s partner and/or dependant children may utilise the concession provided in the clause at a different time to the employee. Special circumstances shall include circumstances where the leave roster precludes the employee from taking leave during school holidays or at the same time as his or her partner and/or dependants.

(vii) Part-time or irregular part-time employees are entitled to travel concessions on a pro rata basis according to the average number of hours worked per week. Travelling time shall be calculated on a pro rata basis according to the number of hours worked.

Table
Approved Mode of Travel

Travel Concession

Travelling Time
(aa)
Air

Fully refundable return economy airfare for the employee, partner and dependant children.

One day each way






(bb)
Road

Full motor vehicle allowance rates, but reimbursement not to exceed the cost of the fully refundable return economy airfare.

North of 20 degrees South Latitude - two and one half days each way. Remainder - two days each way.






(cc)
Air and Road

Full motor vehicle allowance rates for car trip, but reimbursement not to exceed the cost of the fully refundable return economy air fare for the employee, dependant partner and dependant children.

North of 20 degrees South Latitude - two and one half days each way. Remainder - two days each way.

(b) Employees stationed in special areas:

(i) The travel concessions in the table immediately following are provided to an employee, and the employee’s family as defined in Clause 1.6 – Definitions, when proceeding on annual leave to either Perth or other place outside of the employee’s district which is approved by the employer from Headquarters other than those designated in subclause (10)(a) of this clause but within a special area as defined in Clause 1.6 – Definitions.

(ii) The travel concessions are only payable to an employee who has completed 12 months service in the special area or, if the employee has not completed 12 months service in the special area before proceeding on annual leave, does so on the employee’s return from annual leave before the employee again takes annual leave.

(iii) The travel concession shall be repaid to the Western Australia Police by the employee if the employee fails to complete 12 months service in the special area unless that failure is due to causes beyond the employee’s control.

Approved Mode of Travel

Travel Concession
(aa)
Public Transport

Free return passes to Perth or other place approved by the Commissioner on public transport for the employee and the employee’s family as defined in Clause 1.6 – Definitions.




(bb)
Private Vehicle

Full motor vehicle allowance rates but reimbursement not to exceed the cost of public transport specified in (aa), above.




(cc)
Public Transport and a Private Vehicle

Free return passes to Perth or other place approved by the Commissioner and the full motor vehicle allowance rate provided that reimbursement is not to exceed the cost of public transport specified in (aa), above.

(c) Employees other than those designated in subclause (10)(a) of this clause, whose Headquarters are situated outside a radius of 240 kilometres from Perth City Railway Station and who travel to Perth for their annual leave shall be granted by the employer reasonable travelling time to enable them to complete the return journey.

To standardise the entitlement the following criteria is to be used:

(i) 240 kms to 499 kms - half day travelling each way but taken as one additional day;

(ii) 500 kms to 1000 kms - one day’s travelling time each way;

(iii) in excess of 1000 kms and north of the 26th parallel - two and one half day’s each way, and all stations south of the 26th parallel but in excess of 1000 kms shall be allowed the equivalent of a counterpart north of the 26th parallel.

(11) Notwithstanding the foregoing provisions in this clause, the employer may direct an employee to take accrued annual leave and may determine the date of which such leave shall commence.

(12) (a) Where the employer and employee have not agreed when the employee is to take his or her annual leave the employer is not to refuse the employee taking, at any time suitable to the employee, any period of annual leave the entitlement to which accrued more than 12 months before that time.

(b) The employee is to give the employer at least two weeks notice of the period during which the employee intends to take his or her leave which accrued more than 12 months before that time.

(13) The provisions of this clause do not apply to casual employees.


7.5 – PURCHASED LEAVE

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

(2) The employer will assess each application for a 44/52 wages 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 and eight 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 wage spread over the 52 weeks of the year and receive the following amounts of purchased leave:

Number of Weeks Wages
Spread Over 52 Weeks
Number of Weeks
Purchased Leave
44 weeks
8 weeks
45 weeks
7 weeks
46 weeks
6 weeks
47 weeks
5 weeks
48 weeks
4 weeks
49 weeks
3 weeks
50 weeks
2 weeks
51 weeks
1 week

(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 wages 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 wages.

(7) Where an employee who is in receipt of an allowance provided for in Clause 6.4 - Higher Duties Allowance proceeds on any period of additional purchased leave the employee shall not be entitled to receive payment of the allowance for any period of additional purchased leave. When not on a period of purchased leave the employee shall receive the full entitlement to Higher Duties Allowance in accordance with Clause 6.4 – Higher Duties Allowance.

(8) In the event that a part-time employee’s ordinary working hours are varied during the year, the wages 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.


7.6 – DEFERRED WAGES SCHEME

(1) With the written agreement of the employer, an employee may elect to receive, over a four year period, 80% of the wages they would otherwise be entitled to receive in accordance with Clause 5.1 – Wages.

(2) The employer will assess each application for deferred wages on its merits and give consideration to the personal circumstances of the employee seeking the leave.

(3) On completion of the fourth year, an employee will be entitled to 12 months leave and will receive an amount equal to 80% of the wages they were otherwise entitled to in the fourth year of deferment.

(4) Where an employee completes four years of deferred wages service and is not required to attend duty in the following year, the period of non-attendance shall not constitute a break in service and shall count as service on a pro-rata basis for all purposes.

(5) An employee may withdraw from this scheme prior to completing a four year period by written notice. The employee will receive a lump sum payment of wages forgone to that time but will not be entitled to equivalent absence from duty.

(6) The employer will ensure that the superannuation arrangements and taxation effects are fully explained to the employee by the relevant Authority. The employer will put any necessary arrangements into place.


7.7 – LONG SERVICE LEAVE

(1) Employees shall qualify for long service leave in the following terms:

(a) An employee who has completed 10 years of continuous service with the employer shall be entitled to 520 hours long service leave on full pay.

(b) For each subsequent period of seven years of continuous service an employee shall be entitled to an additional 520 hours long service leave on full pay.

For recording purposes and to facilitate flexible working arrangements where other than eight hours is worked in a day and/or 40 hours in a week, long service leave will be debited at the actual number of hours rostered during the period of leave.

(c) Subject to the employer’s approval, an employee may elect to take the leave in periods of single days or more.

(d) For the purposes of determining an employee’s long service leave entitlement under the provisions of subclause (1)(a) and (b) of this clause, the expression “continuous service” includes any period during which the employee is absent on full pay but does not include:

(i) any period exceeding two weeks during which an 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;

(ii) any period during which an employee is taking a long service leave entitlement or any portion thereof except in the case of subclause (8) of this clause when the period excised will equate to a full entitlement of 13 weeks;

(iii) 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 his or her prior service had actually entitled the employee to the long service leave provided under this clause;

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

(e) Payment made for long service leave granted to an employee who has been employed on a part-time basis or on both a full-time and part-time basis during a qualifying period shall be adjusted according to the hours worked by the employee, subject to the following:

(i) If an employee consistently worked on a part-time basis for a regular number of hours during the whole of the employee’s qualifying service, the employee shall continue to be paid the wages determined on that basis during the long service leave.

(ii) A part-time or irregular 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.

(2) (a) Long Service leave shall be taken at any time within six years of it becoming due, at the convenience of the employer. Provided that the employer may approve the deferment of the taking of long service leave beyond six years in exceptional circumstances. Provided further that such exceptional circumstances shall include retirement within seven years of the date of entitlement.

(b) Approval to defer the taking of long service leave may be withdrawn or varied at any time by the employer giving the employee notice in writing of the withdrawal or variation.

(c) Subject to the approval of the employer, an employee may clear a long service leave entitlement by taking double time at half pay or compacting a long service leave entitlement to half time at double pay. The excised period of continuous service when an employee has elected to compact a long service leave entitlement will be 13 weeks. The excised period of continuous service when an employee has elected to take double time at half pay will be 26 weeks.

(d) Subject to the approval of the employer, an employee may cash out any portion of an accrued entitlement to long service leave, provided that the employee proceeds on a minimum of 10 days annual leave in that calendar year. Where an employee cashes out any proportion of an accrued entitlement to long service leave, the entitlement accessed is excised for the purpose of continuous service.

(3) On application to the employer a lump sum payment for the money equivalent of any:

(a) long service leave entitlement for continuous service as provided in subclause (1)(a) and (b) of this clause, shall be made to an employee who resigns, retires, is retired or is dismissed or in respect of an employee who dies;

(b) pro-rata long service leave based on continuous service of a lesser period than that provided in subclause (1)(a) and (b) of this clause, for a long service leave entitlement shall be made:

(i) 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;

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

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

(c) 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.

(4) 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 wages of an employee at the date of retirement or resignation or death, whichever applies.

(5) (a) An employee who desires to be granted a period of long service leave shall give at least two months notice in writing of the fact and shall make application to the employer. The application shall state the amount of leave required and the date from which the leave is to commence. In case of emergency and for reasons to be stated in writing, an employee may at any time apply to the employer for any long service leave due.

(b) An employee may prior to commencing long service leave request approval for the substitution of another date for commencement of long service leave and the employer may approve such substitution.

(6) Recognition of Pro Rata Service with other Government Employers:

Interstate:

(a) Where an employee was, immediately prior to being employed under the provisions of the Police Act 1892, employed in the service of the Commonwealth or any other State of Australia 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 under the provisions of the Police Act 1892 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 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 under the provisions of the Police Act 1892 in accordance with the provisions of this clause.

(b) The maximum break in employment permitted by subclause (6)(a) of this clause, may be varied by the approval of the employer provided that where employment under the provision of the Police Act 1892 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 or in the case of defence forces the employee applied to join the Western Australia Police before ceasing the previous employment and was inducted into police training in the first available Police Auxiliary Officer Training Course. This matter must be negotiated and documented as part of the recruitment process.

(c) An employee previously employed by the Commonwealth or by any other State of Australia shall not proceed on any period of long service leave until the employee:

(i) has served a period of not less than three years continuous service with the employer; and

(ii) is entitled to 520 hours long service leave on full pay.

(d) The employer may approve of an employee proceeding on long service leave prior to the employee completing three years continuous service.

(e) Nothing in this subclause 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 under the provisions of the Police Act 1892.

Intrastate:

(f) Where an employee was, immediately prior to being employed under the provisions of the Police Act 1892, an employee in:

(i) the Public Service of Western Australia established pursuant to the Public Sector Management Act 1994;

(ii) a statutory authority listed in Schedule 1 of the Financial Management Act 2006;

(iii) either of the Houses of the Parliament of the State under the separate control of the President or Speaker or under their joint control;

(iv) the Health Education Council (or its predecessor); or

(v) the Nurses Board of WA

and the period between the date when the employee ceased previous employment and the date of commencing employment under the provisions of the Police Act 1892 does not exceed one week, that employee shall be entitled to 520 hours of long service leave on full pay on which ever is the earliest date of:

(vi) the date on which the employee would have become entitled to long service leave had the employee remained in the former employment; or

(vii) the date determined by:

(aa) calculating the pro-rata portion of long service leave to which the employee would have been entitled up to date of appointment under the Police Act 1892, 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

(bb) by calculating the balance of the long service leave entitlement of the employee upon appointment under the provisions of the Police Act 1892 in accordance with the provisions of this clause.

(g) The maximum break in employment permitted by subclause (6)(f) of this clause, may be varied by the approval of the employer provided that where employment under the provisions of the Police Act 1892 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. This matter must be negotiated and documented as part of the recruitment process.

(h) An employee who was not paid out for accrued and pro-rata annual leave held at the date of ceasing previous employment shall comply with the provisions of subclause (6)(f) of this clause.

(i) In addition to any entitlement arising from the application of subclause (6)(f) of this clause, an employee previously employed by a prescribed State body or statutory authority may, on approval of the employer, be credited with any period of long service leave to which the employee became entitled during the former employment but had not taken at the date of appointment under the provisions of the Police Act 1892 provided the employee’s former employer had given approval for the employee to accumulate the entitlement.

(7) 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 make application to take pro-rata long service leave before the date of retirement.

(8) (a) A full-time employee who, during a qualifying period towards an entitlement of long service leave was employed continuously on both a full and part-time basis, may elect to take a lesser period of long service leave calculated by converting the part-time service to equivalent full-time service.

(b) A full-time employee who, during a qualifying period towards an entitlement of long service leave was employed continuously on a part-time basis, may elect to take a lesser period of long service leave calculated by converting the part-time service to equivalent full-time service.

(9) Notwithstanding the foregoing provisions in this clause, the employer may direct an employee to take accrued long service leave and may determine the date of which such leave shall commence.

(10) 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 the 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.

(11) (a) An employee shall, when recalled from long service leave to attend at Court from matters arising during the course of their duties or to perform other duties, be paid or be entitled for each day or part thereof additional payments at ordinary hour rates for the period of the recall including travelling time plus one shift added to their long service leave or at the option of the employee two shifts added to their long service leave.

(b) Where an employee is required to attend Court or to perform other duties on an additional day granted for previous attendance under subclause (11)(a) of this clause, the employee shall be entitled to leave of an additional one shift for attending Court or performing other duties and leave equal to a further two shifts, a total entitlement of three shifts. Such additional shifts as defined under this clause shall be taken at a time mutually agreed between the employee and the employer.

(c) Where an employee has had to leave a holiday destination to travel back for Court and then advised prior to starting work that their attendance is no longer required they shall be entitled to the additional days added to their long service leave as provided in subclause (11) of this clause.

(12) The provisions of this clause do not apply to casual employees.


7.8 – BEREAVEMENT LEAVE

(1) Employees shall on the death of:

(a) the partner of the employee;

(b) the child or step child or grandchild of the employee (including an adult child, step child or grandchild of the employee);

(c) the parent, step parent, or grandparent of the employee or their partner’s parent;

(d) the brother, sister, step brother or step sister of the employee; or

(e) any other person who, immediately before the person’s death, lived with the employee as a member of the employee’s household;

be eligible for up to two days paid bereavement leave.

(2) Provided that at the request of an employee, the employer may exercise discretion to grant bereavement leave to an employee in respect of some other person with whom the employee has a special relationship.

(3) The two days need not be consecutive.

(4) Bereavement leave is not to be taken during any other period of leave.

(5) Payment of such leave may be subject to the employee providing evidence of the death or relationship to the deceased, satisfactory to the employer.

(6) 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 and/or leave without pay provided all accrued leave is exhausted.

(7) Subject to prior approval from the employer, a regional employee entitled to bereavement leave and who as a result of that bereavement travels to a location within Western Australia that is more than 240 kilometres from their workplace will be granted paid time off for the travel period undertaken in ordinary hours up to a maximum of 16 hours per bereavement.

(8) 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.


7.9 – PARENTAL LEAVE

(1) Definitions

"Employee" includes full-time, part-time, permanent and fixed term contract employees.

"Partner" means a person who is a spouse or de facto partner.

"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.

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

"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 16; and has not lived continuously with the employee for six months or longer.

(b) An employee identified as the primary care giver of a child and who has completed 12 months continuous service in the Western Australian public sector shall be entitled to 14 weeks 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 weeks before the expected date of birth and no later than four 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 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 the period specified in subclauses (2)(b) and (2)(c) above.

(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) 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 week 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 weeks unpaid leave.

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

(4) 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 six weeks immediately after the birth, the entitlement to paid parental leave remains intact.

(5) Adoption of a child

(a) An employee seeking to adopt a child shall be entitled to two 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.

(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 years.

(c) The employer shall only refuse such a request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include:

(i) cost;

(ii) lack of adequate replacement staff;

(iii) loss of efficiency; and

(iv) the impact on customer service.

(d) 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 years.

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

(f) 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.

(g) 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 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 subclause (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 weeks written notice is provided.

(8) Transfer to a Safe Job

Where illness or risks arising out of pregnancy or hazards connected with the work assigned to the pregnant employee make it inadvisable for the employee to continue in her present duties, the duties shall be modified or the employee may be transferred to a safe position at the same classification level until the commencement of parental leave.

(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 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.

(c) 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 4.1 – Part-Time Employment.

(12) 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 Clause 2.3 – Termination of Employment.

(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.


7.10 – CULTURAL/CEREMONIAL LEAVE

(1) Cultural/ceremonial leave shall be available to all employees.

(2) Such leave shall include leave to meet the employee’s customs, traditional law and to participate in cultural and ceremonial activities.

(3) Employees are entitled to time off without loss of pay for cultural/ceremonial purposes, subject to agreement between the employer and employee and sufficient leave credits being available.

(4) The employer will assess each application for cultural/ceremonial leave on its merits and give consideration to the personal circumstances of the employee seeking the leave.

(5) The employer may request reasonable evidence of the legitimate need for the employee to be allowed time off.

(6) Cultural/ceremonial leave may be taken as whole or part days off. Each day or part thereof shall be deducted from:

(a) the employee’s annual leave entitlements;

(b) the employee’s accrued long service leave entitlements, but in full days only; or

(c) short leave when entitlements under subclauses (a) and (b) have been fully exhausted.

(7) Time off without pay may be granted by arrangement between the employer and the employee for cultural/ceremonial purposes.


7.11 – BLOOD/ PLASMA DONORS LEAVE

(1) Subject to operational requirements, employees shall be entitled to absent themselves from the workplace in order to donate blood or plasma in accordance with the following general conditions:

(a) prior arrangements with the supervisor has been made and at least two days’ notice has been provided; or

(b) the employee is called upon by the Red Cross Blood Centre.

(2) The notification period shall be waived or reduced where the supervisor is satisfied that operations would not be unduly affected by the employee’s absence.

(3) The employee shall be required to provide proof of attendance at the Red Cross Blood Centre upon return to work.

(4) Employees shall be entitled to two hours of paid leave per donation for the purpose of donating blood to the Red Cross Blood Centre.


7.12 – LEAVE FOR INTERNATIONAL SPORTING EVENTS

(1) Special leave with pay may be granted by the employer to an employee chosen to represent Australia as competitor or official, at a sporting event which meets the following criteria:

(a) it is a recognised international amateur sport of national significance; or

(b) it is a world or international regional competition; and

(c) no contribution is made by the sporting organisation towards the normal wages of the employee.

(2) The employer shall make enquiries with the Department of Sport and Recreation as to:

(a) whether the application meets the above criteria;

(b) the period of leave to be granted.

(3) The provisions of this clause do not apply to casual employees.


7.13 – 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 wages in advance when proceeding on such leave.

(d) Casual 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 112 hours on full pay in any period of 12 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 12 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 wages. 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) Casual 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) The employer cannot compel an employee to use annual leave or long service leave for the purpose of Defence service.


7.14 – LEAVE WITHOUT PAY

(1) Subject to the provisions of subclause (2) of this clause, the employer may grant an employee leave without pay for any period and is responsible for the placement of that employee on his or her return.

(2) Every application for leave without pay will be considered on its merits and may be granted provided:

(a) the work of the Western Australia Police is not inconvenienced; and

(b) all other leave credits of the employee are exhausted.

(3) An employee shall, upon request be entitled to two days unpaid personal (caring) leave.

(4) Any period that exceeds two weeks during which an employee is on leave of absence without pay shall not, for any purpose, be regarded as part of the period of service of that employee.


7.15 – WITNESS AND JURY SERVICE

Witness

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

(2) Where an employee is subpoenaed or called as a witness to give evidence in any 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 the Consolidated Fund. The receipt for such payment with a voucher showing the amount of fees received shall be forwarded to the employer.

(3) 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.

(4) 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 the Consolidated Fund.

(5) An employee subpoenaed or called as a witness under any other circumstances other than specified in subclauses (2) and (4) 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 these provisions.

Jury

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

(7) 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.

(8) An employee granted leave of absence on full pay as prescribed in subclause (6) of this clause is not entitled to retain any juror’s fees but shall pay all fees received into the Consolidated Fund. The receipt for such payment shall be forwarded with a voucher showing the amount of juror’s fees received to the employer.


7.16 – 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 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) casual employees.


7.17 – TRADE UNION TRAINING LEAVE

(1) Subject to the employer’s convenience and the provision 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 the 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 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 days and up to 10 days may be granted in any one calendar year provided that the total leave being granted in that year and the subsequent year does not exceed 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) Subject to subclause (3)(a) of this clause, shift workers attending a course shall be deemed to have worked the shifts they would have worked had leave not been taken to attend the course.

(d) 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 12 months service shall be served before an employee is eligible to attend courses or seminars for 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 12 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.


8. MISCELLANEOUS PROVISIONS

8.1 – INTRODUCTION OF CHANGE

(1) Employer’s Duty to Notify

(a) Where the employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on the employee, the employer will notify the employee who may be affected by the proposed changes and the Union.

(b) “Significant effects” include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of the employee to other work locations and restructuring of jobs. Provided that where provisions are provided for alteration of any of the matters referred to herein an alteration will be deemed not to have significant effect.

(2) Employer’s Duty to Discuss Change

(a) The employer shall discuss with the employee affected and the Union, amongst other things, the introduction of the changes, the effects the changes are likely to have on the employee, measures to avert or mitigate the adverse effects of such changes on the employee and will give prompt consideration to matters raised by the employees and/ or the Union in relation to the changes, unless by prior arrangement, the Union is represented on the body formulating recommendations for change to be considered by the employer.

(b) The discussion will commence as early as practicable after a firm decision has been made by the employer to make the changes.

(c) For the purposes of such discussion, the employer will provide to the employees concerned and the Union, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on the employee and any other matters likely to affect the employee provided that the employer will not be required to disclose confidential information, the disclosure of which would be inimical to the employer’s interest.


8.2 – UNION FACILITIES

(1) The employer recognises the rights of the Union to organise and represent its members. Union representatives in the agency have a legitimate role 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 agency.

(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 7.16 – Leave to Attend Union Business.

(b) Access to facilities required for the purpose of carrying out their duties. Facilities may include but shall 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 purposes of attending Union training courses in accordance with Clause 7.17 – Trade Union Training Leave.

(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.


9. DISPUTE SETTLEMENT PROCEDURE

(1) Any questions, disputes or difficulties arising between the employer and the employees concerning their employment will be dealt with in accordance with the following procedures:

(a) Stage 1

(i) Any employee or group of employees with a question, dispute or disagreement should discuss the matter with his or her immediate supervisor or representative in the first instance.

(ii) The supervisor or representative is to investigate the matter. If the matter cannot be resolved or an authoritative answer given on the day the issue is raised, then a response should be provided within three days.

(iii) Should a response require time to establish an answer, the supervisor shall keep the employee(s) informed of his or her progress in resolving the matter.

(b) Stage 2

(i) If the employee(s) continue to be aggrieved or the issue is still in dispute, the matter is to be discussed between the employee’s representative and the employer’s nominated representative and an attempt made to resolve the matter. Notification of any question or disagreement may be made verbally or in writing.

(ii) At any stage, the parties may individually or collectively seek advice from any appropriate organisation or person in an attempt to resolve the matter.

(iii) If the matter is not resolved within five working days of the date of notification in (i) hereof, either party may notify their representative (or his or her nominee), or the employer (or his or her nominee) of the existence of a dispute or disagreement.

(iv) The representative (or his or her nominee) and the employer (or his or her nominee) shall confer on the matters notified by the parties within five working days and:

(aa) where there is agreement on the matters in dispute the parties shall be advised within two working days;

(bb) where there is disagreement on any matter it may be referred by any party to this award to the Western Australian Industrial Relations Commission.

(2) At all stages of the procedure the employee may be accompanied by a Union representative.


10. PARTIES TO THE AWARD

The parties to this award shall be:

The Civil Service Association of Western Australia Incorporated.

Western Australia Police.





SCHEDULE A – OVERTIME MEAL RATES

Meals





Breakfast

$10.30 per meal
Lunch

$12.65 per meal
Evening Meal

$15.20 per meal
Supper

$10.30 per meal

SCHEDULE B – CAMPING ALLOWANCE

South of 26° South Latitude
Rate per Day
Item





Permanent Camp
–
Cook provided by Department
$40.60
1





Permanent Camp
–
No cook provided
$54.10
2





Other Camping
–
Cook provided by Department
$67.65
3





Other Camping
–
No cook provided
$81.15
4










North of 26° South Latitude







Permanent Camp
–
Cook provided by Department
$58.55
1





Permanent Camp
–
No cook provided
$72.10
2





Other Camping
–
Cook provided by Department
$85.60
3





Other Camping
–
No cook provided
$99.15
4


SCHEDULE C - TRAVELLING, TRANSFER AND RELIEVING ALLOWANCE

Item
Particulars
Column A
Column B
Column C


DAILY RATE
First 42 days after arrival at new locality
DAILY RATE
Period of Relief in excess of 42 days
EMPLOYEE WITH DEPENDANTS
DAILY RATE Period of Relief in excess of 42 days
EMPLOYEE WITHOUT DEPENDANTS


$
$
$
ALLOWANCE TO MEET INCIDENTAL EXPENSES
(1)
WA - South of 26°South Latitude
14.55


(2)
WA - North of 26°South Latitude
21.70


(3)
Interstate
21.70







ACCOMMODATION INVOLVING AN OVERNIGHT STAY IN A HOTEL OR MOTEL
(4)
WA – Metropolitan Hotel or Motel
305.45
152.70
101.80





(5)
Locality South of 26° South Latitude
208.55
104.30
69.50





(6)
Locality North of 26° South Latitude









Broome
456.70
228.35
152.25

Carnarvon
255.15
127.55
85.05

Dampier
366.70
183.35
122.25

Derby
342.20
171.10
114.05

Exmouth
292.70
146.35
97.55

Fitzroy Crossing
370.20
185.10
123.40

Gascoyne Junction
291.70
145.85
97.25

Halls Creek
247.20
123.60
82.40

Karratha
445.70
222.85
148.55

Kununurra
331.70
165.85
110.55

Marble Bar
271.70
135.85
90.55

Newman
338.95
169.50
113.00

Nullagine
256.70
128.35
85.55

Onslow
273.30
136.65
91.10

Pannawonica
192.70
96.35
64.25

Paraburdoo
259.70
129.85
86.55

Port Hedland
367.15
183.55
122.40

Roebourne
241.70
120.85
80.55

Shark Bay
240.20
120.10
80.05

Tom Price
320.20
160.10
106.75

Turkey Creek
235.70
117.85
78.55

Wickham
508.70
254.35
169.55

Wyndham
254.70
127.35
84.90





(7)
Interstate - Capital City




Sydney
304.90
152.45
101.60

Melbourne
288.55
144.30
96.15

Other Capitals
270.10
135.05
89.95
(8)
Interstate – Other than Capital City
208.55
104.30
69.50





ACCOMMODATION INVOLVING AN OVERNIGHT STAY AT OTHER THAN A HOTEL OR MOTEL
(9)
WA - South of 26° South Latitude
93.65







(10)
WA - North of 26° South Latitude
128.25







(11)
Interstate
128.25







TRAVEL NOT INVOLVING AN OVERNIGHT STAY OR TRAVEL INVOLVING AN OVERNIGHT STAY WHERE ACCOMMODATION ONLY IS PROVIDED.
(12)
WA - South of 26° South Latitude:



Breakfast
16.30



Lunch
16.30



Dinner
46.50



Supper
26.36







(13)
WA - North of 26° South Latitude



Breakfast
21.20



Lunch
33.20



Dinner
52.20



Supper
35.53







(14)
Interstate









Breakfast
21.20



Lunch
33.20



Dinner
52.20







MIDDAY MEAL

(15)
Rate per meal
6.35







(16)
Maximum reimbursement per pay period
31.75





DEDUCTION FOR NORMAL LIVING EXPENSES


(17)
Each adult
26.25







(18)
Each child
4.50





SCHEDULE D – MOTOR VEHICLE ALLOWANCE

AREA AND DETAILS
Rate (cents) per kilometre
ENGINE DISPLACEMENT
(In Cubic Centimetres)
RATE PER KILOMETRE
Over 2600cc
Over 1600cc to 2600cc
1600cc and under




Metropolitan Area
89.5
64.5
53.2






South West Land Division
91.0
65.4
54.0






North of 23.5 Degree South Latitude
98.6
70.6
58.3






Rest of the State
94.3
67.5
55.6


















MOTOR CYCLE ALLOWANCE
Distance travelled during a year on official business

Rate Cents per Kilometre


Rate per kilometre
31.0


SCHEDULE E – ANNUAL LEAVE TRAVEL CONCESSION BOUNDARIES