PARLIAMENTARY EMPLOYEES AWARD 1989

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

The Honourable Speaker of the Legislative Assembly, The Honourable President of the Legislative Council

RESPONDENTS

CORAM PUBLIC SERVICE ARBITRATOR

 Senior Commissioner S J Kenner

DATE THURSDAY, 3 DECEMBER 2020

FILE NO/S P 3 OF 2019

CITATION NO. 2020 WAIRC 00943

Result Award varied

Representation

Applicant Mr M Finnegan

Respondents 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 respondents, the Arbitrator, pursuant to the powers conferred on him under the Industrial Relations Act 1979 (WA), and by consent, hereby orders –

THAT the Parliamentary Employees Award 1989 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

Part 1 Award Structure

1. Title

2. Arrangement

3. Scope

4. Term

5. Definitions

Part 2 Contract of Employment

6. Part-Time Employment

7. Casual Employment

8. Redundancy

Part 3 Hours of Work

9. Hours of Duty

10. Overtime

11. Meal Breaks

12. Shift Work

Part 4 Salary and Wages

13. Minimum Adult Award Wage

14. Payment of Salaries and Wages

15. Parliamentary Officers - Salaries

16. Parliamentary Support Services Employee Wages

17. Apprentices

18. Salary Packaging

Part 5 Allowances and Facilities

19. Meal Allowance

20. Miscellaneous Allowances

21. Special Provisions

22. Higher Duties Allowance - Parliamentary Support Service Employees

23. Uniforms and Clothing

24. First Aid

25. Breakages

Part 6 Leave and Public Holidays

26. Public Holidays

27. Annual Leave

28. Long Service Leave

29. Sick Leave

30. Carer’s Leave

31. Bereavement Leave

32. Parental Leave

33. Other Forms of Leave

34. Leave to Attend Union Business

Part 7 Rights and Obligations

35. Records and Information

36. Right of Entry

37. Facilities for Union/Association Representatives

37A.  Representation Rights

38. Preservation and Non-Reduction

39. Establishment of Consultative Mechanisms

40. Introduction of Change

41. Access to the Award

42. Dispute Settlement Procedure

43. Named Parties

2.  Clause 37. - Union Facilities for Union Representatives:  Delete this clause and insert the following in lieu thereof:

37. - FACILITIES FOR UNION/Association REPRESENTATIVES

(1) The employer recognises the rights of the Union/Association to organise and represent their members. Union/Association representatives in the employer’s workplaces are employees of the employer and have a legitimate role and function in assisting the Union/Association in the tasks of recruitment, organising, communication and representing the individual and collective interests of members in the workplace, Parliament and Union/Associate electorate.

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

(3) The employer will recognise Union/Association representatives in the employer’s workplaces and will allow them to carry out their role and functions.

(4) The Union/Association will advise the employer in writing of the names of the Union/Association representatives in the employer’s workplaces.

(5) The employer shall recognise the authorisation of each Union/Association representative in the employer’s workplaces and shall provide them with the following:

(a) Paid time off from normal duties to perform their functions as a Union/Association representative such as organising, recruiting, handling individual matters and workplace disputes, collective bargaining, involvement in the electorate delegates committee and to attend Union/Association business in accordance with clause 34 - Leave to Attend Union 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 employees, internet, a Union/Association noticeboard, photocopiers and stationery. Such access to facilities shall not unreasonably affect the employer’s operations and shall be subject to the employer’s Code of Conduct.

(c) Paid access to periods of leave for the purpose of attending Union/Association training courses in accordance with clause 38 - Trade Union Training Leave of the Public Service Award 1992. Regional representatives will be provided with appropriate travel time.

(d) Notification of the commencement of new employees, and as part of their induction, time to discuss the benefits of Union/Association 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/Association representatives in the workplace are not threatened or disadvantaged in any way as a result of their role as a Union/Association representative.

2.  Clause 37. - Union Facilities for Union Representatives:  Immediately following this clause, insert a new clause “37A. - Representation Rights” as follows:

37A. – REPRESENTATION RIGHTS

Employee Entitlement to Representation

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

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

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

(4) If:

(a) a representative nominated by an employee, being an organisation within the meaning of the Industrial Relations Act 1979 (the Act), an employee or officer of such an organisation, a Union/Association representative within the meaning of clause 37(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 employee,

notifies the employer in writing that a representative acts for the employee 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 employee 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 employee 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 employee, seek adjournments to confer with the employee and provide further comments at the conclusion of the interview, but will not answer questions of fact put to the employee.