The Civil Service Association of Western Australia Incorporated -v- Department of Commerce, Department of Agriculture, Office of the Auditor General

Document Type: Order

Matter Number: P 6/2006

Matter Description: Public Service Award 1992

Industry: Government Administration

Jurisdiction: Public Service Arbitrator

Member/Magistrate name: Acting Senior Commissioner P E Scott

Delivery Date: 4 Mar 2014

Result: Award varied

Citation: 2014 WAIRC 00156

WAIG Reference: 94 WAIG 209

DOC | 104kB
2014 WAIRC 00156
PUBLIC SERVICE AWARD 1992
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
APPLICANT
-V-
DEPARTMENT OF COMMERCE AND OTHERS
RESPONDENTS
CORAM PUBLIC SERVICE ARBITRATOR
ACTING SENIOR COMMISSIONER P E SCOTT
DATE TUESDAY, 4 MARCH 2014
FILE NO/S P 6 OF 2006
CITATION NO. 2014 WAIRC 00156

Result Award varied


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

THAT the Public Service Award 1992 be varied in accordance with the following Schedule and that such variation shall have effect on and from the 25th day of February 2014.






ACTING SENIOR COMMISSIONER P E SCOTT
PUBLIC SERVICE ARBITRATOR


SCHEDULE

1. Clause 12. – Salaries Specified Callings: Delete this clause and replace the following in lieu thereof:

12. - SALARIES SPECIFIED CALLINGS

(1) Officers, who possess a relevant tertiary level qualification, or equivalent determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, and who are employed in the callings of Agricultural Scientist, Architect, Architectural Graduate, Dental Officer, Dietician, Education Officer, Engineer, Forestry Officer, Geologist, Laboratory Technologist, Land Surveyor, Land Valuer, Legal Officer, Librarian, Medical Officer, Medical Scientist, Pharmacist, Planning Officer, Podiatrist, Psychiatrist, Clinical Psychologist, Psychologist, Quantity Surveyor, Medical Imaging Technologist, Nuclear Medicine Technologist, Radiation Therapist, Scientific Officer, Social Worker, Superintendent of Education, Therapist (Occupational, Physio or Speech), Veterinary Scientist, or any other professional calling determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, shall be entitled to annual salaries as contained in Schedule B.

(2) Subject to subclause (5) of this Clause, on appointment or promotion to the Level 1 under this clause.

(a) Officers, who have completed an approved three-year tertiary qualification, relevant to their calling, shall commence at the first year increment.

(b) Officers who have completed an approved four-year tertiary qualification, relevant to their calling, shall commence at the second year increment.

(c) Officers, who have completed an approved Masters or PhD degree relevant to their calling shall commence on the third year increment.

Provided that officers who attain a higher tertiary level qualification after appointment shall not be entitled to any advanced progression through the range.

(3) The Executive Director, Labour Relations, Department of Consumer and Employment Protection shall be exclusively responsible for determining the relevant acceptable qualifications for appointment for the callings covered by this clause and shall maintain a manual setting out such qualifications.

(4) The Executive Director, Labour Relations, Department of Consumer and Employment Protection in allocating levels pursuant to subclause (1) of this clause may determine a commencing salary above level 1 for a particular calling/s.

(5) The following conditions shall apply to officers in the callings detailed below:

(a) Education Officers - Officers employed in the calling of Education Officer and appointed or promoted to level 1 under this Award shall commence on the following salary points:

(i) Officers who have completed an approved three-year qualification, relevant to their calling, shall commence at the first year of the range, subject to subparagraph (v) of this subclause.

(ii) Officers who have completed an approved four-year tertiary qualification, relevant to their calling, shall commence at the second year of the range, subject to subparagraph (v) of this subclause.

(iii) Officers, who hold a relevant qualification such as an Honours or other four year degree (or equivalent) plus a Diploma of Education, or a relevant Masters degree or PhD, shall commence at the third year of the range subject to subparagraph (v) of this subclause.

(iv) Officers, who hold a relevant Masters Degree or PhD plus a Diploma of Education, shall commence at the fourth year of the range, subject to subparagraph (v) of this subclause.

(v) Officers, who have not less than two years of relevant experience, shall receive an additional increment at the time of appointment. Where the officer has had three or more years of relevant experience, two additional increments shall be granted at the time of commencement.

(b) Engineers -

(i) Officers employed in the calling of Engineer and who are classified level 1 under this Award shall be paid a minimum salary at the rate prescribed for the maximum of level 1 where the officer is an "experienced engineer" as defined.

For the purposes of this paragraph "experienced engineer" shall mean: -

(aa) An engineer appointed to perform professional engineering duties and who is a Corporate Member of the Institution of Engineers, Australia or who attains that status during service.

(bb) An engineer appointed to perform professional duties who is not a Corporate Member of The Institution of Engineers, Australia but who possesses a degree or diploma from a University, College or Institution acceptable to the Executive Director, Labour Relations, Department of Consumer and Employment Protection on the recommendation of the Institution of Engineers, Australia, and who -

(A) having graduated in a four or five year degree course at a University or Institution recognised by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, has had four years’ experience on professional engineering duties acceptable to the employer since becoming a qualified engineer, or

(B) not having a University degree but possessing a diploma recognised by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, has had five years’ experience on professional engineering duties, recognised by the employer since becoming a qualified engineer.

(c) Legal Officers - there shall be for the calling of Legal Officer an additional salary point which shall be the salary applicable to Level 6 (maximum) plus a special allowance equivalent to half the difference between Level 6 (maximum) and Level 7.

(d) Medical Officers and Psychiatrists - there shall be for the callings of Medical Officers and Psychiatrists two additional salary points which may be used. These salary points shall be:

(i) The salary applicable to Level 7 plus a Special Allowance equivalent to half the difference between Level 7 and Level 8.

(ii) The salary applicable to Level 8 plus a Special Allowance equivalent to half the difference between Level 8 and Level 9.

(e) Architectural Graduate - Officers employed in the calling of Architectural Graduate, as defined, and appointed or promoted to Level 1 shall commence on the following salary points:

(i) Officers who have completed an approved five-year tertiary qualification, relevant to this calling, shall commence at the second year increment.

(ii) Officers who have completed and approved Masters or PHD degree, relevant to this calling, shall commence at the third year increment.

For the purposes of this paragraph "Architectural Graduate" shall mean an officer who possesses a relevant tertiary level qualification or equivalent determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection but is not registered with the Architects Board of Western Australia as an Architect, and who undertakes such duties as are necessary for achieving such registration with the Architects Board of Western Australia.

(f) Architect - Officers employed in the calling of Architect, as defined, and appointed or promoted to Level 1 shall commence at the fourth year increment.

For the purposes of this paragraph "Architect" shall mean an officer who possesses a relevant tertiary level qualification or equivalent determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, and possesses the necessary experience and is registered with the Architects Board of Western Australia as an Architect.

(g) Land Valuer –

(i) Officers employed in the calling of Land Valuer who are not licensed will usually be appointed at level 1.1 and progress to level 1.3 by annual increments.

(ii) Officers in the calling of Land Valuer shall not progress beyond Level 1.3 without being licensed.

(iii) On attainment of a licence in accordance with the Land Valuers Licensing Act 1978 (WA), a Land Valuer shall progress to level 1.4.

(iv) A licensed Land Valuer appointed at level 1 shall have a minimum commencement of level 1.4.

2. Schedule B – Salaries Specified Callings: Delete this schedule and insert the following in lieu thereof:

SCHEDULE B. – SALARIES – SPECIFIED CALLINGS

(1) Officers, who possess a relevant tertiary level qualification, or equivalent determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, and who are employed in the callings of Agricultural Scientist, Architect, Architectural Graduate, Dental Officer, Dietitian, Educational Officer, Engineer, Forestry Officer, Geologist, Laboratory Technologist, Land Surveyor, Land Valuer, Legal Officer, Librarian, Medical Officer, Medical Scientist, Pharmacist, Planning Officer, Podiatrist, Psychiatrist, Clinical Psychologist, Psychologist, Quantity Surveyor, Medical Imaging Technologist, Nuclear Medicine Technologist, Radiation Therapist, Scientific Officer, Social Worker, Superintendent of Education, Therapist (Occupational, Physio or Speech), Veterinary Scientist, or any other professional calling determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, shall be entitled to annual salaries as follows:

Level
Salary Per Annum$
Arbitrated Safety Net Adjustment$
Total Salary Per Annum$
Level 1







1.1
28306
15274
43580
1.2
29748
15323
45071
1.3
31346
15377
46723
1.4
33344
15445
48789
1.5
36442
15442
51884
1.6
38461
15403
53864




Level 2







2.1
40433
15470
55903
2.2
41766
15515
57281
2.3
43151
15562
58713
2.4
44588
15611
60199




Level 3







3.1
46899
15690
62589
3.2
48470
15743
64213
3.3
50096
15799
65895
3.4
51832
15858
67690




Level 4







4.1
54494
15948
70442
4.2
56336
16011
72347
4.3
58340
16079
74419




Level 5







5.1
61597
16190
77787
5.2
63930
16269
80199
5.3
66823
16367
83190




Level 6







6.1
70436
16490
86926
6.2
72877
16573
89450
6.3
75661
16668
92329




Level 7
79871
16811
96682
Level 8
84081
16954
101035
Level 9
88289
17097
105386
Level 10
92499
17240
109739

SPECIFED CALLING CLASSIFICATION DESCRIPTOR TRANSLATION TABLE

The following table details the translation of specified calling employees to the new classification descriptors.

Previous Level
New Level
Level 2/4.1
Level 1.1
Level 2/4.2
Level 1.2
Level 2/4.3
Level 1.3
Level 2/4.4
Level 1.4
Level 2/4.5
Level 1.5
Level 2/4.6
Level 1.6
Level 5.1
Level 2.1
Level 5.2
Level 2.2
Level 5.3
Level 2.3
Level 5.4
Level 2.4
Level 6.1
Level 3.1
Level 6.2
Level 3.2
Level 6.3
Level 3.3
Level 6.4
Level 3.4
Level 7.1
Level 4.1
Level 7.2
Level 4.2
Level 7.3
Level 4.3
Level 8.1
Level 5.1
Level 8.2
Level 5.2
Level 8.3
Level 5.3
Level 9.1
Level 6.1
Level 9.2
Level 6.2
Level 9.3
Level 6.3
Class 1
Level 7
Class 2
Level 8
Class 3
Level 9
Class 4
Level 10

The Civil Service Association of Western Australia Incorporated -v- Department of Commerce, Department of Agriculture, Office of the Auditor General

PUBLIC SERVICE AWARD 1992

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES The Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

Department of Commerce and others

RESPONDENTS

CORAM PUBLIC SERVICE ARBITRATOR

 Acting Senior Commissioner P E Scott

DATE Tuesday, 4 March 2014

FILE NO/S P 6 OF 2006

CITATION NO. 2014 WAIRC 00156

 

Result Award varied

 

 

Order

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

 

THAT the Public Service Award 1992 be varied in accordance with the following Schedule and that such variation shall have effect on and from the 25th day of February 2014. 

 

 

 

 

 

 

Acting Senior Commissioner P E Scott

PUBLIC SERVICE ARBITRATOR

 


SCHEDULE

 

1. Clause 12. – Salaries Specified Callings:  Delete this clause and replace the following in lieu thereof:

 

12. - SALARIES SPECIFIED CALLINGS

 

(1) Officers, who possess a relevant tertiary level qualification, or equivalent determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, and who are employed in the callings of Agricultural Scientist, Architect, Architectural Graduate, Dental Officer, Dietician, Education Officer, Engineer, Forestry Officer, Geologist, Laboratory Technologist, Land Surveyor, Land Valuer, Legal Officer, Librarian, Medical Officer, Medical Scientist, Pharmacist, Planning Officer, Podiatrist, Psychiatrist, Clinical Psychologist, Psychologist, Quantity Surveyor, Medical Imaging Technologist, Nuclear Medicine Technologist, Radiation Therapist, Scientific Officer, Social Worker, Superintendent of Education, Therapist (Occupational, Physio or Speech), Veterinary Scientist, or any other professional calling determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, shall be entitled to annual salaries as contained in Schedule B.

 

(2) Subject to subclause (5) of this Clause, on appointment or promotion to the Level 1 under this clause.

 

(a) Officers, who have completed an approved three-year tertiary qualification, relevant to their calling, shall commence at the first year increment.

 

(b) Officers who have completed an approved four-year tertiary qualification, relevant to their calling, shall commence at the second year increment.

 

(c) Officers, who have completed an approved Masters or PhD degree relevant to their calling shall commence on the third year increment.

 

Provided that officers who attain a higher tertiary level qualification after appointment shall not be entitled to any advanced progression through the range.

 

(3) The Executive Director, Labour Relations, Department of Consumer and Employment Protection shall be exclusively responsible for determining the relevant acceptable qualifications for appointment for the callings covered by this clause and shall maintain a manual setting out such qualifications.

 

(4) The Executive Director, Labour Relations, Department of Consumer and Employment Protection in allocating levels pursuant to subclause (1) of this clause may determine a commencing salary above level 1 for a particular calling/s.

 

(5) The following conditions shall apply to officers in the callings detailed below:

 

(a) Education Officers - Officers employed in the calling of Education Officer and appointed or promoted to level 1 under this Award shall commence on the following salary points:

 

(i) Officers who have completed an approved three-year qualification, relevant to their calling, shall commence at the first year of the range, subject to subparagraph (v) of this subclause.

 

(ii) Officers who have completed an approved four-year tertiary qualification, relevant to their calling, shall commence at the second year of the range, subject to subparagraph (v) of this subclause.

 

(iii) Officers, who hold a relevant qualification such as an Honours or other four year degree (or equivalent) plus a Diploma of Education, or a relevant Masters degree or PhD, shall commence at the third year of the range subject to subparagraph (v) of this subclause.

 

(iv) Officers, who hold a relevant Masters Degree or PhD plus a Diploma of Education, shall commence at the fourth year of the range, subject to subparagraph (v) of this subclause.

 

(v) Officers, who have not less than two years of relevant experience, shall receive an additional increment at the time of appointment.  Where the officer has had three or more years of relevant experience, two additional increments shall be granted at the time of commencement.

 

(b) Engineers -

 

(i) Officers employed in the calling of Engineer and who are classified level 1 under this Award shall be paid a minimum salary at the rate prescribed for the maximum of level 1 where the officer is an "experienced engineer" as defined.

 

For the purposes of this paragraph "experienced engineer" shall mean: -

 

(aa) An engineer appointed to perform professional engineering duties and who is a Corporate Member of the Institution of Engineers, Australia or who attains that status during service.

 

(bb) An engineer appointed to perform professional duties who is not a Corporate Member of The Institution of Engineers, Australia but who possesses a degree or diploma from a University, College or Institution acceptable to the Executive Director, Labour Relations, Department of Consumer and Employment Protection on the recommendation of the Institution of Engineers, Australia, and who -

 

(A) having graduated in a four or five year degree course at a University or Institution recognised by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, has had four years’ experience on professional engineering duties acceptable to the employer since becoming a qualified engineer, or

 

(B) not having a University degree but possessing a diploma recognised by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, has had five years’ experience on professional engineering duties, recognised by the employer since becoming a qualified engineer.

 

(c) Legal Officers - there shall be for the calling of Legal Officer an additional salary point which shall be the salary applicable to Level 6 (maximum) plus a special allowance equivalent to half the difference between Level 6 (maximum) and Level 7.

 

(d) Medical Officers and Psychiatrists - there shall be for the callings of Medical Officers and Psychiatrists two additional salary points which may be used.  These salary points shall be:

 

(i) The salary applicable to Level 7 plus a Special Allowance equivalent to half the difference between Level 7 and Level 8.

 

(ii) The salary applicable to Level 8 plus a Special Allowance equivalent to half the difference between Level 8 and Level 9.

 

(e) Architectural Graduate - Officers employed in the calling of Architectural Graduate, as defined, and appointed or promoted to Level 1 shall commence on the following salary points:

 

(i) Officers who have completed an approved five-year tertiary qualification, relevant to this calling, shall commence at the second year increment.

 

(ii) Officers who have completed and approved Masters or PHD degree, relevant to this calling, shall commence at the third year increment.

 

For the purposes of this paragraph "Architectural Graduate" shall mean an officer who possesses a relevant tertiary level qualification or equivalent determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection but is not registered with the Architects Board of Western Australia as an Architect, and who undertakes such duties as are necessary for achieving such registration with the Architects Board of Western Australia.

 

(f) Architect - Officers employed in the calling of Architect, as defined, and appointed or promoted to Level 1 shall commence at the fourth year increment.

 

For the purposes of this paragraph "Architect" shall mean an officer who possesses a relevant tertiary level qualification or equivalent determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, and possesses the necessary experience and is registered with the Architects Board of Western Australia as an Architect.

 

(g) Land Valuer –

 

(i) Officers employed in the calling of Land Valuer who are not licensed will usually be appointed at level 1.1 and progress to level 1.3 by annual increments.

 

(ii) Officers in the calling of Land Valuer shall not progress beyond Level 1.3 without being licensed.

 

(iii) On attainment of a licence in accordance with the Land Valuers Licensing Act 1978 (WA), a Land Valuer shall progress to level 1.4.

 

(iv) A licensed Land Valuer appointed at level 1 shall have a minimum commencement of level 1.4.

 

2. Schedule B – Salaries Specified Callings:  Delete this schedule and insert the following in lieu thereof:

 

SCHEDULE B.  – SALARIES – SPECIFIED CALLINGS

 

(1) Officers, who possess a relevant tertiary level qualification, or equivalent determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, and who are employed in the callings of Agricultural Scientist, Architect, Architectural Graduate, Dental Officer, Dietitian, Educational Officer, Engineer, Forestry Officer, Geologist, Laboratory Technologist, Land Surveyor, Land Valuer, Legal Officer, Librarian, Medical Officer, Medical Scientist, Pharmacist, Planning Officer, Podiatrist, Psychiatrist, Clinical Psychologist, Psychologist, Quantity Surveyor, Medical Imaging Technologist, Nuclear Medicine Technologist, Radiation Therapist, Scientific Officer, Social Worker, Superintendent of Education, Therapist (Occupational, Physio or Speech), Veterinary Scientist, or any other professional calling determined by the Executive Director, Labour Relations, Department of Consumer and Employment Protection, shall be entitled to annual salaries as follows:

 

Level

Salary Per Annum$

Arbitrated Safety Net Adjustment$

Total Salary Per Annum$

Level 1

 

 

 

 

 

 

 

1.1

28306

15274

43580

1.2

29748

15323

45071

1.3

31346

15377

46723

1.4

33344

15445

48789

1.5

36442

15442

51884

1.6

38461

15403

53864

 

 

 

 

Level 2

 

 

 

 

 

 

 

2.1

40433

15470

55903

2.2

41766

15515

57281

2.3

43151

15562

58713

2.4

44588

15611

60199

 

 

 

 

Level 3

 

 

 

 

 

 

 

3.1

46899

15690

62589

3.2

48470

15743

64213

3.3

50096

15799

65895

3.4

51832

15858

67690

 

 

 

 

Level 4

 

 

 

 

 

 

 

4.1

54494

15948

70442

4.2

56336

16011

72347

4.3

58340

16079

74419

 

 

 

 

Level 5

 

 

 

 

 

 

 

5.1

61597

16190

77787

5.2

63930

16269

80199

5.3

66823

16367

83190

 

 

 

 

Level 6

 

 

 

 

 

 

 

6.1

70436

16490

86926

6.2

72877

16573

89450

6.3

75661

16668

92329

 

 

 

 

Level 7

79871

16811

96682

Level 8

84081

16954

101035

Level 9

88289

17097

105386

Level 10

92499

17240

109739

 

SPECIFED CALLING CLASSIFICATION DESCRIPTOR TRANSLATION TABLE

 

The following table details the translation of specified calling employees to the new classification descriptors.

 

Previous Level

New Level

Level 2/4.1

Level 1.1

Level 2/4.2

Level 1.2

Level 2/4.3

Level 1.3

Level 2/4.4

Level 1.4

Level 2/4.5

Level 1.5

Level 2/4.6

Level 1.6

Level 5.1

Level 2.1

Level 5.2

Level 2.2

Level 5.3

Level 2.3

Level 5.4

Level 2.4

Level 6.1

Level 3.1

Level 6.2

Level 3.2

Level 6.3

Level 3.3

Level 6.4

Level 3.4

Level 7.1

Level 4.1

Level 7.2

Level 4.2

Level 7.3

Level 4.3

Level 8.1

Level 5.1

Level 8.2

Level 5.2

Level 8.3

Level 5.3

Level 9.1

Level 6.1

Level 9.2

Level 6.2

Level 9.3

Level 6.3

Class 1

Level 7

Class 2

Level 8

Class 3

Level 9

Class 4

Level 10