The Civil Service Association of Western Australia Incorporated -v- Director General, Department of Communities, being the Director General of the Disability Services Commission
Document Type: Order
Matter Number: P 10/2018
Matter Description: Government Officers (Social Trainers) Award 1988
Industry: Government Administration
Jurisdiction: Public Service Arbitrator
Member/Magistrate name: Senior Commissioner S J Kenner
Delivery Date: 21 Dec 2018
Result: Order issued
Citation: 2018 WAIRC 00928
WAIG Reference: 99 WAIG 41
GOVERNMENT OFFICERS (SOCIAL TRAINERS) AWARD 1988
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
APPLICANT
-V-
DIRECTOR GENERAL, DEPARTMENT OF COMMUNITIES, BEING THE DIRECTOR GENERAL OF THE DISABILITY SERVICES COMMISSION
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
SENIOR COMMISSIONER S J KENNER
DATE FRIDAY, 21 DECEMBER 2018
FILE NO/S P 10 OF 2018
CITATION NO. 2018 WAIRC 00928
Result Order issued
Representation
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 10A of 2018.
(2) THAT the Government Officers (Social Trainers) Award 1988 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 45. – Relieving Allowance: Delete subclause (4) of this clause and insert the following in lieu thereof:
(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.
2. Clause 46. – 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. Delete Schedule C. – Shift Work Allowance and insert the following in lieu thereof:
SCHEDULE C. - 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 worked.
Clause 57(2) of this Award defines annual salary for calculation purposes.
(Operative from the first pay period commencing on or from the date of hearing)
4. Schedule E. – 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 57(2) of this Award defines salary for calculation purposes.
5. Delete Schedule K – Expired General Agreement Salaries and insert the following in lieu thereof:
SCHEDULE K – EXPIRED GENERAL AGREEMENT SALARIES
Salaries
Annual Salary
Annual Salary at 13 June 2016 (Not to be subject to arbitrated safety net adjustments)
LEVELS
SCHEDULE 1
BASE RATES FOR 76-HOUR FORTNIGHT WITH 12 ACCRUED DAYS OFF
SCHEDULE 2
BASE RATES FOR 78-HOUR FORTNIGHT WITH 6 ACCRUED DAYS OFF
SCHEDULE 3
BASE RATES FOR 80-HOUR FORTNIGHT WITH NO ACCRUED DAYS OFF
LEVEL 1
Under 17 yrs
$ 23,869
$ 24,498
$ 25,127
17 yrs
$ 28,504
$ 29,256
$ 30,007
18 yrs
$ 33,139
$ 34,010
$ 34,883
19 yrs
$ 37,776
$ 38,771
$ 39,764
20 yrs
$ 42,409
$ 43,527
$ 44,642
1.1
$ 46,349
$ 47,569
$ 48,790
1.2
$ 48,930
$ 50,218
$ 51,507
1.3
$ 50,315
$ 51,638
$ 52,963
1.4
$ 51,742
$ 53,104
$ 54,465
1.5
$ 53,136
$ 54,534
$ 55,932
1.6
$ 54,698
$ 56,138
$ 57,577
1.7
$ 55,781
$ 57,248
$ 58,716
1.8
$ 57,376
$ 58,884
$ 60,396
LEVEL 2.1
$ 59,172
$ 60,728
$ 62,288
2.2
$ 60,781
$ 62,382
$ 63,984
2.3
$ 62,482
$ 64,126
$ 65,769
2.4
$ 64,256
$ 65,949
$ 67,638
LEVEL 3.1
$ 67,896
$ 69,681
$ 71,470
3.2
$ 69,781
$ 71,618
$ 73,454
3.3
$ 71,723
$ 73,610
$ 75,498
3.4
$ 73,717
$ 75,656
$ 77,596
LEVEL 4.1
$ 76,452
$ 78,464
$ 80,475
4.2
$ 78,593
$ 80,661
$ 82,729
4.3
$ 80,797
$ 82,924
$ 85,051
GOVERNMENT OFFICERS (SOCIAL TRAINERS) AWARD 1988
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Civil Service Association of Western Australia Incorporated
APPLICANT
-v-
Director General, Department of Communities, being the Director General of the Disability Services Commission
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
Senior Commissioner S J Kenner
DATE Friday, 21 December 2018
FILE NO/S P 10 OF 2018
CITATION NO. 2018 WAIRC 00928
Result Order issued
Representation
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 10A of 2018.
(2) THAT the Government Officers (Social Trainers) Award 1988 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 45. – Relieving Allowance: Delete subclause (4) of this clause and insert the following in lieu thereof:
(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.
- Clause 46. – 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.
- Delete Schedule C. – Shift Work Allowance and insert the following in lieu thereof:
SCHEDULE C. - 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 worked.
Clause 57(2) of this Award defines annual salary for calculation purposes.
(Operative from the first pay period commencing on or from the date of hearing)
- Schedule E. – 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 57(2) of this Award defines salary for calculation purposes.
- Delete Schedule K – Expired General Agreement Salaries and insert the following in lieu thereof:
SCHEDULE K – EXPIRED GENERAL AGREEMENT SALARIES
Salaries
|
Annual Salary Annual Salary at 13 June 2016 (Not to be subject to arbitrated safety net adjustments) |
||
LEVELS |
SCHEDULE 1 BASE RATES FOR 76-HOUR FORTNIGHT WITH 12 ACCRUED DAYS OFF |
SCHEDULE 2 BASE RATES FOR 78-HOUR FORTNIGHT WITH 6 ACCRUED DAYS OFF |
SCHEDULE 3 BASE RATES FOR 80-HOUR FORTNIGHT WITH NO ACCRUED DAYS OFF |
|
|
|
|
LEVEL 1 |
|
|
|
Under 17 yrs |
$ 23,869 |
$ 24,498 |
$ 25,127 |
17 yrs |
$ 28,504 |
$ 29,256 |
$ 30,007 |
18 yrs |
$ 33,139 |
$ 34,010 |
$ 34,883 |
19 yrs |
$ 37,776 |
$ 38,771 |
$ 39,764 |
20 yrs |
$ 42,409 |
$ 43,527 |
$ 44,642 |
1.1 |
$ 46,349 |
$ 47,569 |
$ 48,790 |
1.2 |
$ 48,930 |
$ 50,218 |
$ 51,507 |
1.3 |
$ 50,315 |
$ 51,638 |
$ 52,963 |
1.4 |
$ 51,742 |
$ 53,104 |
$ 54,465 |
1.5 |
$ 53,136 |
$ 54,534 |
$ 55,932 |
1.6 |
$ 54,698 |
$ 56,138 |
$ 57,577 |
1.7 |
$ 55,781 |
$ 57,248 |
$ 58,716 |
1.8 |
$ 57,376 |
$ 58,884 |
$ 60,396 |
|
|
|
|
LEVEL 2.1 |
$ 59,172 |
$ 60,728 |
$ 62,288 |
2.2 |
$ 60,781 |
$ 62,382 |
$ 63,984 |
2.3 |
$ 62,482 |
$ 64,126 |
$ 65,769 |
2.4 |
$ 64,256 |
$ 65,949 |
$ 67,638 |
|
|
|
|
LEVEL 3.1 |
$ 67,896 |
$ 69,681 |
$ 71,470 |
3.2 |
$ 69,781 |
$ 71,618 |
$ 73,454 |
3.3 |
$ 71,723 |
$ 73,610 |
$ 75,498 |
3.4 |
$ 73,717 |
$ 75,656 |
$ 77,596 |
|
|
|
|
LEVEL 4.1 |
$ 76,452 |
$ 78,464 |
$ 80,475 |
4.2 |
$ 78,593 |
$ 80,661 |
$ 82,729 |
4.3 |
$ 80,797 |
$ 82,924 |
$ 85,051 |