EDUCATION DEPARTMENT MINISTERIAL OFFICERS SALARIES ALLOWANCES AND CONDITIONS AWARD 1983 NO 5 OF 1983

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

Director General, Department of Education

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Senior Commissioner S J Kenner

DATE thursDAY, 3 DECEMBER 2020

FILE NO/S P 2 OF 2019

CITATION NO. 2020 WAIRC 00942

Result Award varied

Representation

Applicant Mr M Finnegan

Respondent Ms S Van Der Merwe

Order

HAVING heard Mr M Finnegan on behalf of the applicant, and Ms S Van Der Merwe as agent for the respondent, the Arbitrator, pursuant to the powers conferred on him under the Industrial Relations Act 1979 (WA), and by consent, hereby orders –

THAT the Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No 5 of 1983 be varied in accordance with the following schedule and that such variation shall have effect on and from 1 January 2021.

Senior Commissioner S J Kenner

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 2. – Arrangement:  Delete this clause and insert the following in lieu thereof:

2. - ARRANGEMENT

1. Title

1B. Minimum Adult Award Wage

2. Arrangement

3. Scope

4. Definitions

5. Term of Award

6. Certificate of Service

7. Contract of Service

7B Transitional Arrangements – 2005 Workload Recognition

8. Part‑Time Employment

9. Casual Employment

10. Salaries

11. Annual Increments

12. Skills Acquisition

13. Hours of Duty

14. Higher Duties Allowance

15. Overtime Allowance

16. School Vacation Leave

17. Public Holidays

18. Long Service Leave

19. Sick Leave

20. Carers Leave

21. Parental Leave

22. Leave Without Pay

23. Study Assistance

24. Short Leave

25. Bereavement Leave

26. Cultural/Ceremonial Leave

27. Blood/Plasma Donors Leave

28. Emergency Service Leave

29. Facilities for Union Representatives

29A. Representation Rights

30. Leave to Attend Association Business

31. Trade Union Training Leave

32. Defence Force Reserves Leave

33. Witness and Jury Service

34. Camping Allowance

35. District Allowance

36. Disturbance Allowance

37. Motor Vehicle Allowance

38. Property Allowance

39. Protective Clothing Allowance

40. Relieving Allowance

41. Removal Allowance

42. Transfer Allowance

43. Travelling Allowance

44. Weekend Absence From Residence

45. Preservation of Rights

46. Keeping of and Access to Employment Records

47. Notification of Change

48. Right of Entry and Inspection by Authorised Representatives

49. Copies of Award

50. Access to Information Resources

51. Establishment of Consultative Mechanisms

52. Salary Packaging Arrangement

53. Supported Wage

54. Traineeships

55. Purchased Leave – Deferred Salary Arrangement

56. Dispute Settlement Procedure

57. Expired General Agreement Salaries

Schedule A Named Union Party and Named Employer Party

Schedule B Camping Allowance

Schedule C District Allowance

Schedule D Motor Vehicle Allowance

Schedule E Motor Vehicle Allowance

Schedule F Motor Cycle Allowance

Schedule G Overtime Allowance

Schedule H Travelling, Transfer and Relieving Allowance

Schedule I Expired General Agreement Salaries

2. Clause 29. - Union Facilities for Union Representatives:  Delete this clause and insert the following in lieu thereof:

29. - FACILITIES FOR UNION REPRESENTATIVES

(1) The employer recognises the rights of the union to organise and represent its members. Union representatives in the agency are employees of the employer and have a legitimate role and function in assisting the union in the tasks of recruitment, organising, communication and representing the individual and collective interests of members in the workplace, agency and union electorate.

(2) The employer recognises that, under the union's rules, union representatives are members of an Electorate Delegates Committee representing members within a union electorate. A union electorate may cover more than one employer.

(3) The employer will recognise union representatives in the agency and will allow them to carry out their role and functions.

(4) The union will advise the employer in writing of the names of the union representatives in the agency.

(5) The employer shall recognise the authorisation of each union representative in the agency and shall provide them with the following:

(a) Paid time off from normal duties to perform their functions as a union representative such as organising, recruiting, handling individual matters and workplace disputes, collective bargaining, involvement in the electorate delegates committee and to attend union business in accordance with clause 30 - Leave to Attend Association Business of this Award.

(b) Access to facilities required for the purpose of carrying out their duties.  Facilities may include but not be limited to, the use of filing cabinets, meeting rooms, telephones, fax, email – including broadcast emails – to all officers, internet, a union noticeboard, photocopiers and stationery. Such access to facilities shall not unreasonably affect the operation of the agency and shall be subject to the employer’s Code of Conduct.

(c) Paid access to periods of leave for the purpose of attending union training courses in accordance with clause 31 - Trade Union Training Leave of this Award. Regional representatives will be provided with appropriate travel time.

(d) Notification of the commencement of new officers, and as part of their induction, time to discuss the benefits of union membership with them.

(e) Access to awards, industrial agreements, policies and procedures.

(f) The names of any Equal Employment Opportunity and Occupational Health, Safety and Welfare representatives, Grievance Officers and First Aid Officers.

(6) The employer recognises it is paramount that union representatives in the workplace are not threatened or disadvantaged in any way as a result of their role as a union representative.

3. Clause 29. – Union Facilities for Union Representatives:  Immediately following this clause, insert a new clause “29A. – Representation Rights” as follows:

29A. - REPRESENTATION RIGHTS

Officer Entitlement to Representation

(1)  For the purposes of representation under this clause, significant matters are discipline, performance, officer entitlements, fitness for work and return to work.

(2) In respect of significant matters an officer’s right to representation includes advocacy.

(3) The employer will recognise the choice of representative made by an officer, which may include a union representative, a union official or an employee of the union.

(4) If:

(a) a representative nominated by an officer, being an organisation within the meaning of the Industrial Relations Act 1979 (the Act), an employee or officer of such an organisation, a union representative within the meaning of clause 29(2) of this Award, a person registered under section 112A of the Act, an employee or officer of such a person, or a legal practitioner, or

(b) an officer,

notifies the employer in writing that a representative acts for the officer in relation to a matter and provides the identity and contact details of the representative, the employer must recognise that person’s representational capacity in all future dealings on that matter.

(5) The presence of a representative is not necessary at every meeting between an officer and the employer (or a representative of the employer). Where the meeting involves a significant matter the representative shall be permitted to attend. All parties will make reasonable efforts to avoid unnecessary delays.

(6) The employer accepts a representative can advocate on behalf of the officer at the meeting. For the purposes of this clause only, an advocate may make comments on the process, ask questions, seek clarification of questions put to the officer, seek adjournments to confer with the officer and provide further comments at the conclusion of the interview, but will not answer questions of fact put to the officer.