PUBLIC SERVICE AWARD 1992

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

Chemistry Centre, Commissioner for Children and Young People, Commissioner for Equal Opportunity (Equal Opportunity Commission) AND OTHERS

RESPONDENTS

CORAM PUBLIC SERVICE ARBITRATOR

 Senior Commissioner S J Kenner

DATE THURSDAY, 3 december 2020

FILE NO/S P 10 OF 2019

CITATION NO. 2020 WAIRC 00950

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 Public Service Award 1992 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. Certificate of Service

8. Contract of Service

9. Part-Time Employment

10. Casual Employment

11. Salaries

12. Salaries Specified Callings

13. Purchased Leave - 44/52 Salary Arrangement

14. Purchased Leave - Deferred Salary Arrangement

15. Salary Packaging Arrangement

16. Supported Wage

17. Traineeships

18. Annual Increments

19. Higher Duties Allowance

20. Hours

21. Shift Work Allowance

22. Overtime Allowance

23. Annual Leave

24. Public Holidays

25. Long Service Leave

26. Sick Leave

27. Carers Leave

28. Parental Leave

29. Leave Without Pay

30. Study Assistance

31. Short Leave

32. Bereavement Leave

33. Cultural/Ceremonial Leave

34. Blood/Plasma Donors Leave

35. Emergency Service Leave

36. Facilities for Union Representatives

36A. Representation Rights

37. Leave to Attend Association Business

38. Trade Union Training Leave

39. Defence Force Reserves Leave

40. International Sporting Events Leave

41. Witness and Jury Service

42. Camping Allowance

43. District Allowance

44. Disturbance Allowance

45. Diving Allowance

46. Flying Allowance

47. Motor Vehicle Allowance

48. Property Allowance

49. Protective Clothing Allowance

50. Relieving Allowance

51. Removal Allowance

52. Sea Going Allowance

53. Transfer Allowance

54. Travelling Allowance

55. Weekend Absence From Residence

56. Preservation of Rights

57. Keeping of and Access to Employment Records

58. Notification of Change

59. Right of Entry and Inspection by Authorised Representatives

60. Copies of Award

61. Access to Information and Records

62. Establishment of Consultative Mechanisms

63. Special Conditions

64. Transition

65. Dispute Settlement Procedure

66. Expired General Agreement Salaries

Schedule A Salaries

Schedule B Salaries - Specified Callings

Schedule C Camping Allowance

Schedule D District Allowance

Schedule E Motor Vehicle Allowance

Schedule F Motor Vehicle Allowance

Schedule G Motor Cycle Allowance

Schedule H Overtime Allowance

Schedule I Travelling, Transfer and Relieving Allowance

Schedule J Shift Work Allowance

Schedule K Diving, Flying and Sea Going Allowance

Schedule L Named Parties

Schedule M Expired General Agreement Salaries

2. Clause 36. - Union Facilities for Union Representatives:  Delete this clause and insert the following in lieu thereof:

36. - 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 37. - 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 officers, internet, a union 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 training courses in accordance with clause 38. - 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 36. – Union Facilities for Union Representatives:  Immediately following this clause, insert a new clause “36A. – Representation Rights” as follows:

36A. - 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 36(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.