JUVENILE CUSTODIAL OFFICERS' AWARD

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

Chief Executive Officer, being the Director General, Department of Justice,                 Director General, Department of Communities

RESPONDENTS

CORAM PUBLIC SERVICE ARBITRATOR

 Senior Commissioner S J Kenner

DATE Friday, 21 December 2018

FILE NO/S P 4 OF 2018

CITATION NO. 2018 WAIRC 00923

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 4A of 2018.

(2) THAT the Juvenile Custodial Officers' Award be varied in accordance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 21st day of December 2018.

Senior Commissioner S J Kenner

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 1.4. – Scope: Delete subclause 1.4 and insert the following in lieu thereof:

1.4. - SCOPE

This award shall apply to all Government Officers classified as a Juvenile Custodial Officer, Unit Manager or Senior Officer employed in a Juvenile Custodial facility and/or detention centre by the Director General, Department of Justice or the Director General, Department of Communities who are members of, or eligible to become members of, The Civil Service Association of Western Australia Incorporated.

2. Clause 1.6. – Definitions: Delete subclause 1.6 and insert the following in lieu thereof:

1.6. - DEFINITIONS

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

“Accrued Day(s) Off'” (ADOs) means the paid day(s) off accruing to an employee resulting from an entitlement to the 38 hour week as prescribed in clause 3.1 – Hours of this award.

“Award” means the Juvenile Custodial Officers’ Award.

“De Facto Partner” means a relationship (other than a legal marriage) between two persons who live together in a ‘marriage-like’ relationship and includes same sex partners.

“Employee” means a Government Officer classified as Juvenile Custodial Officer, Unit Manager or Senior Officer.

“Employer” and “Employing Authority” means Director General, Department of Justice or Director General, Department of Communities, as applicable.

“Government Officer” means a Government Officer as defined in s 80C of the Industrial Relations Act 1979.

“Headquarters” means the place in which the principal work of an employee is carried out, as defined by the employer.

“Juvenile Custodial Officer” has the same definition as that given in the Juvenile Custodial Rule 103 made pursuant to s 181(1) of the Young Offenders Act 1994 (previously known as Group Worker).

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

“Minister” means the Minister for Corrective Services or the Minister for Child Protection, as applicable.

“Partner” means either spouse or de facto partner.

“Senior Officer” has the same definition as that given in Juvenile Custodial Rule 103 made pursuant to s 181(1) of the Young Offenders Act 1994.

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

“Union” means The Civil Service Association of Western Australia Incorporated

“Unit Manager” has the same definition as that given in Juvenile Custodial Rule 103 made pursuant to s 181(1) of the Young Offenders Act 1994.

3. Clause 5.7. – Relieving Allowance: Delete subclause 5.7.4 and insert the following in lieu thereof:

5.7.4 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 $209.00 to cover incidental personal expenses:  Provided that an employee shall receive no more than one lump sum of $209.00 in any one period of three years.

4. Clause 5.8. – Removal Allowance:

A. Delete paragraphs (3) and (4) of subclause 5.8.1 of this clause and insert the following in lieu thereof:

(3) An allowance of $580 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.

(4) 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 paragraph (6) of subclause 5.8.1 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.

5. Clause 9. – Parties to the Award: Delete this clause and insert the following in lieu thereof:

9. - PARTIES TO THE AWARD

9.1 Director General, Department of Justice

Director General, Department of Communities

The Civil Service Association of Western Australia Incorporated

6. Schedule E Clause 3.2 – Overtime: 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 4.4.2 of the award defines salary for calculation purposes.

5                     Delete Schedule G – Expired General Agreement Salaries of this award and insert the following in lieu thereof:

SCHEDULE G – EXPIRED GENERAL AGREEMENT SALARIES