GOVERNMENT OFFICERS (INSURANCE COMMISSION OF WESTERN AUSTRALIA) AWARD 1987

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

Director General, Insurance Commission of Western Australia

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Senior Commissioner S J Kenner

DATE THURSDAY, 3 DECEMBER 2020

FILE NO/S P 7 OF 2019

CITATION NO. 2020 WAIRC 00947

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 Government Officers (Insurance Commission of Western Australia) Award 1987 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. Area of Operation

4. Scope

5. Term of Award

6. Definitions

7. Contract of Service

8. Certificate of Service

9. Conditions of Employment

10. Part-Time Employment

11. Salaries

12. Expired General Agreement Salaries

13. Annual Performance Based Salary Increments

14. Traineeships

15. Hours of Duty

16. Annual 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 Union Business

31. Trade Union Training Leave

32. Defence Force Reserves Leave

33. International Sporting Events Leave

34. Witness and Jury Service

35. Higher Duties Allowance

36. Overtime Allowance

37. Miscellaneous Allowances & Conditions

38. Keeping of and Access to Employment Records

39. Right of Entry and Inspection by Authorised Representatives

40. Copies of Award

41. Access to Information and Resources

42. Organisational Change

43. Preservation and Non-Reduction

44. Special Contracts

45. Establishment of Consultative Mechanisms

46. Salary Packaging Arrangement

47. Supported Wage

48. Purchased Leave - 44/52 Salary Arrangement

49. Purchased Leave - Deferred Salary Arrangement

50. Dispute Settlement Procedure

51. Casual Employment

Schedule A Salaries

Schedule B Named Union Party

Schedule C Overtime Allowance

Schedule D 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 Employer’s workplaces 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 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 Employer’s workplaces 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 Employer’s workplaces.

(5) The Employer shall recognise the authorisation of each Union 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 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 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 organisation 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 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 29. – Union Facilities for Union Representatives:  Immediately following this clause, insert a new clause “29A. – Representation Rights” as follows:

29A. - 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 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 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.