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

DOCX | 34kB
2018 WAIRC 00922
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




The Civil Service Association of Western Australia Incorporated -v- Chemistry Centre, Commissioner for Children and Young People, Curriculum Council of Western Australia

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.

 

 

  1. 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.

 

 

  1. 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.

 

 

  1. 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)

 

 

 

  1. 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.

 

 

 

  1. 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

 

 

 

  1. 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