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 THURSDAY, 3 DECEMBER 2020

FILE NO/S P 5 OF 2019

CITATION NO. 2020 WAIRC 00945

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 Juvenile Custodial Officers’ Award 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 1.2. - Arrangement:  Delete this clause and insert the following in lieu thereof:

1.2. - ARRANGEMENT

1. AWARD STRUCTURE

1.1 Title

1.2 Arrangement

1.3 Area of Operation

1.4 Scope

1.5 Term of Award

1.6 Definitions

1.7 Copies of Award

2. CONTRACT OF SERVICE

2.1 Certificate of Service

2.2 Contract of Service

2.3 Keeping of and Access to Employment Records

2.4 Right of Entry and Inspection by Authorised Representatives

3. HOURS OF WORK

3.1 Hours

3.2 Overtime

3.3 Shift Work

4. WAGES

4.1 Minimum Adult Award Wage

4.2 Salaries

4.3 Annual Increments

4.4 Expired General Agreement Salaries

5. ALLOWANCES AND FACILITIES

5.1 Higher Duties Allowance

5.2 District Allowance

5.3 Disturbance Allowance

5.4 Motor Vehicle Allowance

5.5 Property Allowance

5.6 Protective Clothing Allowance

5.7 Relieving Allowance

5.8 Removal Allowance

5.9 Transfer Allowance

5.10 Travelling Allowance

5.11 Weekend Absence from Residence

5.12 Salary Packaging Arrangement

5.13 Facilities for Union Representatives

5.13A Representation Rights

5.14 Access to Information and Resources

6. LEAVE

6.1 Annual Leave

6.2 Sick Leave

6.3 Carer’s Leave

6.4 Short Leave

6.5 Public Holidays

6.6 Long Service Leave

6.7 Bereavement Leave

6.8 Parental Leave

6.9 Leave to Attend Union Business

6.10 Trade Union Training Leave

6.11 Cultural/Ceremonial Leave

6.12 Purchased Leave - 44/52 Salary Arrangement

6.13 Purchased Leave - Deferred Salary Arrangement

6.14 Study Assistance

6.15 Leave Without Pay

6.16 Witness and Jury Service

6.17 Blood/Plasma Donors Leave

6.18 Emergency Service Leave

6.19 Defence Force Reserves Leave

6.20 International Sporting Events Leave

7. CONSULTATION AND INTRODUCTION OF CHANGE

8. DISPUTE SETTLEMENT PROCEDURE

9. PARTIES TO THE AWARD

Schedule A Salaries for Juvenile Custodial Officers, Unit Managers and Senior Officers

Schedule B District Allowance

Schedule C Motor Vehicle Allowance

Schedule D Travelling, Transfer and Relieving Allowance

Schedule E Overtime

Schedule F Memorandum of Agreement

Schedule G Expired General Agreement Salaries

Schedule H Preservation of Public Holidays

2.  Clause 5.13. - Union Facilities for Union Representatives:  Delete this clause and insert the following in lieu thereof:

5.13. - 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 6.9 - 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 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 6.10 - Trade Union Training Leave of this Award. 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 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 5.13. – Union Facilities for Union Representatives:  Immediately following this clause, insert a new clause “5.13A. – Representation Rights” as follows:

5.13A. - 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 representative, a union official or an employee of the union.

(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 representative within the meaning of clause 5.13.2 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.