The Civil Service Association of Western Australia Incorporated -v- Chemistry Centre, Commissioner for Children and Young People, Curriculum Council of Western Australia
Document Type: Order
Matter Number: P 3/2018
Matter Description: Public Service Award 1992
Industry: Government Administration
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner S J Kenner
Delivery Date: 21 Dec 2018
Result: Order issued
Citation: 2018 WAIRC 00922
WAIG Reference: 99 WAIG 45
PUBLIC SERVICE AWARD 1992
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
APPLICANT
-V-
CHEMISTRY CENTRE, COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE, CURRICULUM COUNCIL OF WESTERN AUSTRALIA
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
SENIOR COMMISSIONER S J KENNER
DATE FRIDAY, 21 DECEMBER 2018
FILE NO/S P 3 OF 2018
CITATION NO. 2018 WAIRC 00922
Result Order issued
APPLICANT MS J MOORE OF COUNSEL
RESPONDENTS MR S DANE
Order
HAVING HEARD Ms J Moore of counsel on behalf of the applicant and Mr S Dane on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders –
(1) THAT the applicant’s claim in relation to meal allowances be and is hereby divided as application P 3A of 2018.
(2) THAT the Public Service Award 1992 be varied in accordance with the following schedule such variation shall have effect from the beginning of the first pay period commencing on or after the 21st day of December 2018.
SENIOR COMMISSIONER S J KENNER
PUBLIC SERVICE ARBITRATOR
SCHEDULE
1. Clause 50. – Relieving Allowance: Delete subclause (4) of this clause And insert the following in lieu thereof:
(4) If an officer whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the officer shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $209.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $209.00 in any one period of three (3) years.
2. Clause 51. – Removal Allowance:
A. Delete paragraphs (c) and (d) of subclause (1) of this clause and insert the following in lieu thereof:
(c) An allowance of $580.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an employee is required to transport their furniture, effects and appliances provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,477.00.
(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $197.00.
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.
B. Delete subclause (6) of this clause and insert the following in lieu thereof:
(6) Where an employee is transferred to government owned or private rental accommodation, where furniture is provided, and as a consequence the employee is obliged to store furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $1,080.00 per annum. Actual cost is deemed to include the premium for adequate insurance coverage for the value of the furniture stored. An allowance under this subclause shall not be paid for a period in excess of four years without the approval of the employer.
3. Schedule H. – Overtime Allowance: Delete Part I – Out of Hours Contact of this schedule and insert the following in lieu thereof:
PART I – OUT OF HOURS CONTACT
(Operative from the first pay period commencing on or from the date of hearing)
Standby $11.34 per hour
On Call $5.67 per hour
Availability $2.84 per hour
Clause 66(2) of the award defines salary for calculation purposes.
4. Delete Schedule J. – Shift Work Allowance and insert the following in lieu thereof:
SCHEDULE J. - SHIFT WORK ALLOWANCE
An officer required to work a weekday afternoon or night shift of seven and one half (7.5) hours worked, will in addition to the ordinary rate of salary, be paid an allowance in accordance with the following formula for each shift so worked.
Shiftwork Allowance =
Annual Salary
x
12
x
1
x
15
1
313
10
100
A minimum shift work allowance of $32.10 is payable for each afternoon or night shift of seven and one half (7.5) hours worked.
Clause 66(2) of the award defines annual salary for calculation purposes.
(Operative from the first pay period commencing on or from the date of hearing)
5. Delete Schedule K. – Diving, Flying and Sea Going Allowances and insert the following in lieu thereof:
SCHEDULE K - DIVING, FLYING AND SEA GOING ALLOWANCES
(1) Diving - (Clause 45)
$7.96 per hour or part thereof.
(2) Flying - (Clause 46)
(a) Observation and photographic duties in fixed wing aircraft - $14.71 per hour or part thereof.
(b) Cloud seeding and firebombing duties, observation and photographic duties involving operations in which fixed wing aircraft are used at heights less than 304 metres or in unpressurised aircraft at heights more than 3048 metres - $20.17 per hour or part thereof.
(c) When required to fly in a helicopter on firebombing duties, observation and photographic duties or stock surveillance - $27.88 per hour or part thereof.
(3) Sea Going Allowances (Clause 52)
(a) Victualling
(i) Government Vessel - meals on board not prepared by a cook - $37.60 per day.
(ii) Government Vessel - meals on board are prepared by a cook - $28.20 per day.
(iii) Non-Government Vessel - $34.30 each overnight period.
(b) Hard Living Allowance - 79 cents per hour or part thereof.
6. Delete Schedule L. – Named Parties and insert the following in lieu thereof:
SCHEDULE L - NAMED PARTIES
The Civil Service Association of Western Australia Incorporated
The employing authority, as defined by the Public Sector Management Act 1994, of each of the following public authorities:
Chemistry Centre (WA) (ChemCentre)
Commissioner for Children and Young People
Commissioner for Equal Opportunity (Equal Opportunity Commission)
Department of Biodiversity, Conservation and Attractions
Department of Communities
Department of Education
Department of Finance
Department of Fire and Emergency Services
Department of Health
Department of Jobs, Tourism, Science and Innovation
Department of Justice
Department of Local Government, Sport and Cultural Industries
Department of Mines, Industry Regulation and Safety
Department of Planning, Lands and Heritage
Department of Primary Industries and Regional Development
Department of the Premier and Cabinet
Department of the Registrar, Western Australian Industrial Relations Commission
Department of Training and Workforce Development
Department of Transport
Department of Treasury
Department of Water and Environmental Regulation
Disability Services Commission
Economic Regulation Authority
Gascoyne Development Commission
Goldfields-Esperance Development Commission
Government Employees Superannuation Board
Great Southern Development Commission
Health and Disability Services Complaints Office
Housing Authority
Kimberley Development Commission
Law Reform Commission of Western Australia
Mental Health Commission
Metropolitan Redevelopment Authority
Mid West Development Commission
Minerals Research Institute of Western Australia
Office of the Auditor General
Office of the Director of Public Prosecutions
Office of the Inspector of Custodial Services
Peel Development Commission
Pilbara Development Commission
Public Sector Commission
Rottnest Island Authority
School Curriculum and Standards Authority
South West Development Commission
Western Australian Electoral Commission
Western Australian Health Promotion Foundation (Healthway)
Western Australian Meat Industry Authority
Western Australia Police
Wheatbelt Development Commission
WorkCover Western Australia Authority
7. Delete Schedule M. – Expired General Agreement Salaries and insert the following in lieu thereof:
SCHEDULE M. – EXPIRED GENERAL AGREEMENT SALARIES
Salaries
Classification Level
Annual Salary on and from 13 June 2016
(Not to be subject to arbitrated safety net adjustments)
$
Level 1
Under 17 yrs
$23,869
17 yrs
$28,504
18 yrs
$33,139
19 yrs
$37,776
20 yrs
$42,409
1.1
$46,349
1.2
$48,930
1.3
$50,315
1.4
$51,742
1.5
$53,136
1.6
$54,698
1.7
$55,781
1.8
$57,376
LEVEL 2.1
$59,172
2.2
$60,781
2.3
$62,482
2.4
$64,256
LEVEL 3.1
$67,896
3.2
$69,781
3.3
$71,723
3.4
$73,717
LEVEL 4.1
$76,452
4.2
$78,593
4.3
$80,797
LEVEL 5.1
$85,047
5.2
$87,915
5.3
$90,896
5.4
$93,994
LEVEL 6.1
$98,966
6.2
$102,350
6.3
$105,853
6.4
$109,590
LEVEL 7.1
$115,725
7.2
$119,701
7.3
$124,033
LEVEL 8.1
$131,296
8.2
$136,348
8.3
$142,609
LEVEL 9.1
$150,689
9.2
$155,981
9.3
$162,015
CLASS 1
$171,438
CLASS 2
$180,588
CLASS 3
$189,725
CLASS 4
$198,869
Salaries – Specified Callings
Classification Level
Annual Salary on and from 13 June 2016
(Not to be subject to arbitrated safety net adjustments)
$
Level 1
1st year
$65,165
2nd year
$68,597
3rd year
$72,405
4th year
$77,164
5th year
$84,542
6th year
$89,345
LEVEL 2.1
$91,548
2.2
$94,634
2.3
$97,845
2.4
$101,179
LEVEL 3.1
$106,533
3.2
$110,176
3.3
$113,944
3.4
$117,969
LEVEL 4.1
$121,885
4.2
$126,074
4.3
$130,636
LEVEL 5.1
$138,046
5.2
$143,358
5.3
$149,940
LEVEL 6.1
$158,164
6.2
$163,719
6.3
$170,055
LEVEL 7
$179,637
LEVEL 8
$189,220
LEVEL 9
$198,794
LEVEL 10
$208,375
PUBLIC SERVICE AWARD 1992
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Civil Service Association of Western Australia Incorporated
APPLICANT
-v-
Chemistry Centre, Commissioner for Children and Young People, Curriculum Council of Western Australia
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
Senior Commissioner S J Kenner
DATE FRIday, 21 December 2018
FILE NO/S P 3 OF 2018
CITATION NO. 2018 WAIRC 00922
Result Order issued
Applicant Ms J Moore of counsel
Respondents Mr S Dane
Order
HAVING HEARD Ms J Moore of counsel on behalf of the applicant and Mr S Dane on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders –
(1) THAT the applicant’s claim in relation to meal allowances be and is hereby divided as application P 3A of 2018.
(2) THAT the Public Service Award 1992 be varied in accordance with the following schedule such variation shall have effect from the beginning of the first pay period commencing on or after the 21st day of December 2018.
Senior Commissioner S J Kenner
PUBLIC SERVICE ARBITRATOR
SCHEDULE
- Clause 50. – Relieving Allowance: Delete subclause (4) of this clause And insert the following in lieu thereof:
(4) If an officer whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the officer shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $209.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $209.00 in any one period of three (3) years.
- Clause 51. – Removal Allowance:
A. Delete paragraphs (c) and (d) of subclause (1) of this clause and insert the following in lieu thereof:
(c) An allowance of $580.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an employee is required to transport their furniture, effects and appliances provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,477.00.
(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $197.00.
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.
B. Delete subclause (6) of this clause and insert the following in lieu thereof:
(6) Where an employee is transferred to government owned or private rental accommodation, where furniture is provided, and as a consequence the employee is obliged to store furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $1,080.00 per annum. Actual cost is deemed to include the premium for adequate insurance coverage for the value of the furniture stored. An allowance under this subclause shall not be paid for a period in excess of four years without the approval of the employer.
- Schedule H. – Overtime Allowance: Delete Part I – Out of Hours Contact of this schedule and insert the following in lieu thereof:
PART I – OUT OF HOURS CONTACT
(Operative from the first pay period commencing on or from the date of hearing)
Standby $11.34 per hour
On Call $5.67 per hour
Availability $2.84 per hour
Clause 66(2) of the award defines salary for calculation purposes.
- Delete Schedule J. – Shift Work Allowance and insert the following in lieu thereof:
SCHEDULE J. - SHIFT WORK ALLOWANCE
An officer required to work a weekday afternoon or night shift of seven and one half (7.5) hours worked, will in addition to the ordinary rate of salary, be paid an allowance in accordance with the following formula for each shift so worked.
Shiftwork Allowance =
|
Annual Salary |
x |
|
12 |
x |
1 |
x |
15 |
1 |
|
313 |
10 |
100 |
A minimum shift work allowance of $32.10 is payable for each afternoon or night shift of seven and one half (7.5) hours worked.
Clause 66(2) of the award defines annual salary for calculation purposes.
(Operative from the first pay period commencing on or from the date of hearing)
- Delete Schedule K. – Diving, Flying and Sea Going Allowances and insert the following in lieu thereof:
SCHEDULE K - DIVING, FLYING AND SEA GOING ALLOWANCES
(1) Diving - (Clause 45)
$7.96 per hour or part thereof.
(2) Flying - (Clause 46)
(a) Observation and photographic duties in fixed wing aircraft - $14.71 per hour or part thereof.
(b) Cloud seeding and firebombing duties, observation and photographic duties involving operations in which fixed wing aircraft are used at heights less than 304 metres or in unpressurised aircraft at heights more than 3048 metres - $20.17 per hour or part thereof.
(c) When required to fly in a helicopter on firebombing duties, observation and photographic duties or stock surveillance - $27.88 per hour or part thereof.
(3) Sea Going Allowances (Clause 52)
(a) Victualling
(i) Government Vessel - meals on board not prepared by a cook - $37.60 per day.
(ii) Government Vessel - meals on board are prepared by a cook - $28.20 per day.
(iii) Non-Government Vessel - $34.30 each overnight period.
(b) Hard Living Allowance - 79 cents per hour or part thereof.
- Delete Schedule L. – Named Parties and insert the following in lieu thereof:
SCHEDULE L - NAMED PARTIES
The Civil Service Association of Western Australia Incorporated
The employing authority, as defined by the Public Sector Management Act 1994, of each of the following public authorities:
Chemistry Centre (WA) (ChemCentre)
Commissioner for Children and Young People
Commissioner for Equal Opportunity (Equal Opportunity Commission)
Department of Biodiversity, Conservation and Attractions
Department of Communities
Department of Education
Department of Finance
Department of Fire and Emergency Services
Department of Health
Department of Jobs, Tourism, Science and Innovation
Department of Justice
Department of Local Government, Sport and Cultural Industries
Department of Mines, Industry Regulation and Safety
Department of Planning, Lands and Heritage
Department of Primary Industries and Regional Development
Department of the Premier and Cabinet
Department of the Registrar, Western Australian Industrial Relations Commission
Department of Training and Workforce Development
Department of Transport
Department of Treasury
Department of Water and Environmental Regulation
Disability Services Commission
Economic Regulation Authority
Gascoyne Development Commission
Goldfields-Esperance Development Commission
Government Employees Superannuation Board
Great Southern Development Commission
Health and Disability Services Complaints Office
Housing Authority
Kimberley Development Commission
Law Reform Commission of Western Australia
Mental Health Commission
Metropolitan Redevelopment Authority
Mid West Development Commission
Minerals Research Institute of Western Australia
Office of the Auditor General
Office of the Director of Public Prosecutions
Office of the Inspector of Custodial Services
Peel Development Commission
Pilbara Development Commission
Public Sector Commission
Rottnest Island Authority
School Curriculum and Standards Authority
South West Development Commission
Western Australian Electoral Commission
Western Australian Health Promotion Foundation (Healthway)
Western Australian Meat Industry Authority
Western Australia Police
Wheatbelt Development Commission
WorkCover Western Australia Authority
- Delete Schedule M. – Expired General Agreement Salaries and insert the following in lieu thereof:
SCHEDULE M. – EXPIRED GENERAL AGREEMENT SALARIES
Salaries
Classification Level |
Annual Salary on and from 13 June 2016 (Not to be subject to arbitrated safety net adjustments) |
|
$ |
Level 1 |
|
Under 17 yrs |
$23,869 |
17 yrs |
$28,504 |
18 yrs |
$33,139 |
19 yrs |
$37,776 |
20 yrs |
$42,409 |
1.1 |
$46,349 |
1.2 |
$48,930 |
1.3 |
$50,315 |
1.4 |
$51,742 |
1.5 |
$53,136 |
1.6 |
$54,698 |
1.7 |
$55,781 |
1.8 |
$57,376 |
|
|
LEVEL 2.1 |
$59,172 |
2.2 |
$60,781 |
2.3 |
$62,482 |
2.4 |
$64,256 |
|
|
LEVEL 3.1 |
$67,896 |
3.2 |
$69,781 |
3.3 |
$71,723 |
3.4 |
$73,717 |
|
|
LEVEL 4.1 |
$76,452 |
4.2 |
$78,593 |
4.3 |
$80,797 |
|
|
LEVEL 5.1 |
$85,047 |
5.2 |
$87,915 |
5.3 |
$90,896 |
5.4 |
$93,994 |
|
|
LEVEL 6.1 |
$98,966 |
6.2 |
$102,350 |
6.3 |
$105,853 |
6.4 |
$109,590 |
|
|
|
|
LEVEL 7.1 |
$115,725 |
7.2 |
$119,701 |
7.3 |
$124,033 |
|
|
LEVEL 8.1 |
$131,296 |
8.2 |
$136,348 |
8.3 |
$142,609 |
|
|
LEVEL 9.1 |
$150,689 |
9.2 |
$155,981 |
9.3 |
$162,015 |
|
|
CLASS 1 |
$171,438 |
CLASS 2 |
$180,588 |
CLASS 3 |
$189,725 |
CLASS 4 |
$198,869 |
Salaries – Specified Callings
Classification Level |
Annual Salary on and from 13 June 2016 (Not to be subject to arbitrated safety net adjustments) |
|
$ |
Level 1 |
|
1st year |
$65,165 |
2nd year |
$68,597 |
3rd year |
$72,405 |
4th year |
$77,164 |
5th year |
$84,542 |
6th year |
$89,345 |
|
|
LEVEL 2.1 |
$91,548 |
2.2 |
$94,634 |
2.3 |
$97,845 |
2.4 |
$101,179 |
|
|
LEVEL 3.1 |
$106,533 |
3.2 |
$110,176 |
3.3 |
$113,944 |
3.4 |
$117,969 |
|
|
LEVEL 4.1 |
$121,885 |
4.2 |
$126,074 |
4.3 |
$130,636 |
|
|
LEVEL 5.1 |
$138,046 |
5.2 |
$143,358 |
5.3 |
$149,940 |
|
|
LEVEL 6.1 |
$158,164 |
6.2 |
$163,719 |
6.3 |
$170,055 |
|
|
LEVEL 7 |
$179,637 |
LEVEL 8 |
$189,220 |
LEVEL 9 |
$198,794 |
LEVEL 10 |
$208,375 |