TEACHERS (PUBLIC SECTOR PRIMARY AND SECONDARY EDUCATION) AWARD 1993

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Department of Education

APPLICANT

-v-

State School Teachers' Union of Western Australia

RESPONDENT

CORAM Commissioner C Tsang

DATE THURSDAY, 27 October 2022

FILE NO/S APPL 30 OF 2022

CITATION NO. 2022 WAIRC 00750

Result Award varied

Representation

Applicant Mr P McCarney (as agent)

Respondent Ms P Byrne (as agent)

Order

HAVING heard Mr P McCarney as agent on behalf of the applicant and Ms P Byrne as agent on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT the Teachers (Public Sector Primary and Secondary Education) Award 1993 be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from the earliest possible time from the date of this Order.

Commissioner C Tsang

SCHEDULE

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

2. – ARRANGEMENT

PART 1. – APPLICATION OF AWARD

1. – Title

1B. – Minimum Adult Award Wage

2. – Arrangement

3. – Area of Operation and Scope

4. – Term of Award

5. – Definitions

PART 2. – CONTRACT AND MODES OF EMPLOYMENT

6. – General Employment

7. – Permanency and Tenure

8. – Probation

9. – Part-Time Employment

10. – Casual Employment

11. – Termination of Employment

PART 3. – TEACHERS

12. – Teachers – Duties, Responsibilities and Attendance Hours

13. – Teachers – Face to Face Teaching

14. – Teachers – Duties Other Than Teaching (DOTT) Time

15. – Teacher Career/Classification Structure

PART 4. – SCHOOL ADMINISTRATORS

16. – School Administrators – Duties And Responsibilities

17. – Commencement of School Year

PART 5. – DIRECTORS SCHOOLS

18. – Directors Schools

PART 6. – EDUCATION AND SCHOOL DEVELOPMENT OFFICERS

19. – Education and School Development Officers

PART 7. – SCHOOL PSYCHOLOGISTS, SENIOR SCHOOL PSYCHOLOGISTS AND ADVANCED SKILLS SCHOOL PSYCHOLOGISTS

20. – School Psychologists

PART 8. – SWIMMING INSTRUCTORS

21. – Swimming Instructors

PART 9. – SALARIES AND INCREMENTS

22. – Salaries

23. – Payment of Salaries

24. – Recovery of Overpayments

25. – Salary Packaging

26. – Annual Increments

27. – Annualisation of Summer Vacation Loading

PART 10. – PUBLIC HOLIDAYS AND LEAVE OF ABSENCE

28. – Public Holidays

29. – Bereavement Leave

30. – Candidates for Parliament

31. – Carer’s Leave

32. – Cultural/Ceremonial Leave

33. – Defence Force Reserve Leave

34. – Emergency Services Leave

35. – International Sporting Events Leave

36. – Leave Without Pay

37. – Local Government Leave

38. – Long Service Leave

39. – Parental Leave

40. – Short Leave

41. – Sick Leave

42. – Student Vacation Periods and Annual Leave

43. – Study/Examination Leave

44. – Witness and Jury Service

45. – Workers' Compensation – Effect on Leave

46. – Blood and Plasma Leave

PART 11. –ASSOCIATED ALLOWANCES

47. – Acting Appointments for Salary Increments

48. – Allowances Payable on Appointment, Promotion or Transfer

49. – Camping Allowance

50. – Country Incentives Allowance

51. – Disturbance Allowance

52. – Excess Travelling Allowance

53. – Higher Duties Allowance

54. – Locality Allowance

55. – Motor Vehicle Allowance

56. – Property Allowance

57. – Relieving Allowance

58. – Removal Allowance

59. – Student Vacation Travel Concessions

60. – Travelling Allowance

PART 12. – CONSULTATION AND DISPUTE RESOLUTION

61. – Notification of Change

62. – Union Facilities for Union Representatives

63. – Leave to Attend Union Business

64. – Trade Union Training Leave

65. – Right of Entry and Inspection by Authorised Representatives

66. – Keeping of and Access to Employment Records

67. – Dispute Settlement Procedure

PART 13. – SCHEDULES

Schedule A – Parties

Schedule B – Salaries

Schedule C – Travelling, Transfer and Relieving Allowance

Schedule D – Camping Allowance

Schedule E – Locality Allowance

Schedule F – Motor Vehicle Allowance

Schedule G – Student Vacation Travel Concessions

2. Clause 5. – Definitions:

A. Delete the definition of “Dependant” and insert the following in lieu thereof:

“Dependant” means:

(a) for the purposes of Clause 54. – Locality Allowance of this Award, in relation to an employee:

(i) a partner who is resident within the State and is not in receipt of an income exceeding the Dependent (Invalid and Carer) Tax Offset (DICTO), as set by the Australian Taxation Office, or its replacement as determined by the Australian Taxation Office, for the purposes of the dependent spouse tax offset; and/or

(ii) a student child under the age of eighteen (18) years who is not in receipt of income exceeding the Dependent (Invalid and Carer) Tax Offset (DICTO), as set by the Australian Taxation Office, or its replacement as determined by the Australian Taxation Office, for the purposes of the dependent spouse tax offset.

(b) for the purpose of the remainder of the Award in relation to an employee:

(i) a partner;

(ii) child/children; and/or

(iii) other dependent family

who reside with the employee and who rely on the employee for support.

B. Delete the definition of “Locality” and insert the following in lieu thereof:

“Locality” means:

(a) for the purpose of Clause 54. – Locality Allowance, a locality specified in Schedule E – Locality Allowance of this Award;

(b) for the purpose of Clause 48. – Allowances Payable on Appointment, Promotion or Transfer and Clause 56. – Property Allowance of this Award, in relation to an employee:

(i) the Metropolitan Schools District; or

(ii) outside the Metropolitan Schools District, that area within a radius of fifty (50) kilometres from an employee’s headquarters.

C. Delete the definition of “Untrained Teacher” and insert the following in lieu thereof:

“Untrained Teacher” means a person who does not have a Teacher training qualification as determined by the Employer.

3. Clause 12. – Teachers – Duties, Responsibilities and Attendance Hours: Delete subclause (6) and insert the following in lieu thereof:

(6) Arrangements for the undertaking of duties outside the normal school day or normal operating hours will be the subject of consultation. Any Teacher who is aggrieved about any requirement to undertake duties outside the normal school day or normal operating hours may choose to access Clause 67 – Dispute Settlement Procedure of this Award.

4. Clause 19. – Education and School Development Officers: Delete paragraph (b) of subclause (2) and insert the following in lieu thereof:

(b) The Department has the discretion to close the workplaces of Education Officers over the Christmas – New Year period.

5. Clause 20. – School Psychologists: Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Travel

Travel will be paid at rates as per Clause 60. – Travelling Allowance of this Award.

6. Clause 41. – Sick Leave:

A. Delete subparagraph (iv) of paragraph (a) of subclause (7) and insert the following in lieu thereof:

(iv) The implementation of subclause (7) of clause 41 involves the following steps:

B. Delete paragraph (c) of subclause (7) and insert the following in lieu thereof:

(c) Written notice as to the medical appointment will be provided to the employee following the expiry of the notice period as provided in clause 41(7)(a)(iv)(cc) or following the conclusion of the review process as provided by clause 41(7)(iv).

7. Clause 46. – Blood and Plasma Leave: Insert a new clause “46. – Blood and Plasma Leave” as follows:

46. – BLOOD AND PLASMA LEAVE

(1) Subject to operational requirements, officers shall be entitled to absent themselves from the workplace in order to donate blood or plasma in accordance with the following general conditions:

(a) prior arrangements with the supervisor have been made and at least two (2) days’ notice has been provided; or

 (b) the officer is called upon by the Red Cross Blood Centre.

(2) The notification period shall be waived or reduced where the supervisor is satisfied that operations would not be unduly affected by the officer’s absence.

(3) The officer shall be required to provide proof of attendance at the Red Cross Blood Centre upon return to work.

(4) Officers shall be entitled to two (2) hours of paid leave per donation for the purpose of donating blood to the Red Cross Blood Centre.

8. Clause 46. – Acting Appointments for Salary Increments: Delete this clause and insert the following in lieu thereof:

47. – ACTING APPOINTMENTS FOR SALARY INCREMENTS

(1) This clause provides for the recognition of higher duties allowance in the 18 months prior to substantive appointment (commonly referred to as the 12 in 18 month principle), as follows:

(a) Where a employee has relevant acting service which aggregates less than 12 months, as at the date of promotion, on the completion of a further period of service which when added to the aggregate of the relevant acting service totals a period of 12 months, that employee may progress to the second or subsequent salary increment as the case may be.

(b) Where a employee has completed 12 months acting in 18 months at a particular increment point, the employee may be appointed to the next higher increment point at the date of promotion.

(c) Where a employee has only acted in a position classified higher than that to which the employee is being promoted, that acting may be aggregated using the principle outlined in clause 47(1)(b) above to allow the promotion to take effect at the equivalent incremental point in the level within the salary range applicable to the promotion.

9. Clause 47. – Allowances Payable on Appointment, Promotion or Transfer: Delete this clause and insert the following in lieu thereof:

48. – ALLOWANCES PAYABLE ON APPOINTMENT, PROMOTION OR TRANSFER

(1) An employee who is required to travel to take up a position in another locality will be reimbursed reasonable accommodation and meal expenses for the employee, partner and dependants during the course of travelling from one locality to another in accordance with the rates prescribed in Column A, Items (4), (5), (6), (9) or (10) of Schedule C – Travelling, Transfer and Relieving Allowance of this Award as the case may require, provided that:

(a) Where the locality of the new position is situated at a radius of 50 kilometres or less from the locality where the employee was previously stationed, or usually resident in the case of an initial appointment, reimbursement of the abovementioned expenses, if any, is at the discretion of the Employer.

(b) Where a partner referred to in this clause is also an employee who was appointed, transferred or promoted to the same locality as the employee, such partner may not claim for reimbursement of expenses incurred on behalf of the partner and dependents and claimed by the employee.

(2) An employee who takes up a position in another locality where Government or private residential accommodation is unavailable and hotel or motel accommodation is utilised, will be paid an allowance in accordance with the rates prescribed in Column A, Items (4), (5) or (6) in Schedule C. – Travelling, Transfer and Relieving Allowance of this Award as the case may require up to a maximum period of 14 days after arrival at the new locality.

(3) When Government residential accommodation is unavailable in a locality and an employee is unable to obtain suitable alternative accommodation within the period of 14 days mentioned in clause 48(2), the Employer is to determine an appropriate rate of reimbursement for accommodation, meal expenses and incidental expenses, having regard for the cost of hotel or motel accommodation and normal reasonable living expenses for the employee and the employee’s partner and dependants.

(4) An employee who takes up a position in a locality where Government residential accommodation is available is not entitled to reimbursement under clauses 48(2) and 48(3) of this clause except where entry or re-entry into such Government residential accommodation is delayed through circumstances beyond the employee’s control. Such employee will, subject to the production of receipts, be reimbursed actual reasonable accommodation and meal expenses for the employee, partner and dependants less a deduction for normal living expenses prescribed in Items (15) and (16) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(5) Where an employee’s Government residential accommodation is not available at the date of appointment, transfer or promotion, the Employer will reimburse the employee for any cost of storage and insurance of the employee’s furniture made reasonably necessary because of such delay.

(6) Payment of the allowances under this clause does not apply to employees transferred at their own expense in accordance with the provisions of Part 5 of the Public Sector Management Act 1994, or to an employee who seeks a transfer after a period of service of less than two (2) years in a particular locality, unless payment of an allowance is approved by the Employer.

(7) Where it can be shown by the employee that the allowances payable under clauses 48(1), 48(2) and 48(3) are insufficient to meet the actual costs incurred by the employee, a higher rate of reimbursement appropriate to the circumstances as determined by the Employer applies.

(a) Claims under this clause must be submitted to the Employer within 12 months of the date the costs or expenses are incurred by the employee.

(b) Any dispute arising out of the rate of reimbursement fixed pursuant to clause 48(7) of this clause may be referred to the Commission.

10. Clause 48. – Camping Allowance: Delete this clause and insert the following in lieu thereof:

49. – CAMPING ALLOWANCE

(1) For the purposes of this clause the following expressions mean:

“Camp of a permanent nature” means single room accommodation in skid mounted or mobile type units, caravans, or barrack type accommodation where the following are provided in the camp:

(a) Water is freely available;

(b) Ablutions including a toilet, shower or bath, and laundry facilities;

(c) Hot water system;

(d) A kitchen, including a stove and table and chairs, except in the case of a caravan equipped with its cooking and messing facilities;

(e) An electricity or power supply; and

(f) Beds and mattresses except in the case of caravans containing sleeping accommodation.

For the purpose of this definition, caravans located in caravan parks or other locations where the above are provided are deemed a camp of a permanent nature;

“House” means a house, duplex or cottage including transportable type accommodation, which is self contained and in which the facilities prescribed for “camp of a permanent nature” are provided;

“Other than a Permanent Camp” means a camp where any of the above are not provided.

(2) An employee who is stationed in a camp of a permanent nature, where facilities of a good standard are provided, will be paid the appropriate allowance prescribed by Item (1) or Item (2) of Schedule D – Camping Allowance for each day spent camping, provided that no such allowance is paid when an employee occupies a government house within or near the precincts.

(3) An employee who is stationed in a camp – other than a permanent camp – or is required to camp out, will be paid the appropriate allowance prescribed by Item (3) or Item (4) of Schedule D – Camping Allowance for each day spent camping.

(4) This clause is read in conjunction with Clause 48. – Allowances Payable on Appointment, Promotion or Transfer and Clause 57. – Relieving Allowance of this Award for the purpose of paying allowances.

(5) The camping allowance is not paid for any period in respect of which travelling, transfer or relieving allowances are paid.

(6) Where portions of a day are spent camping, the formula contained in Clause 60 – Travelling Allowance of this Award is used for calculating the portion of the allowance to be paid for the day.

(7) For the purposes of this clause, arrival at headquarters means the time of actual arrival at camp and departure from headquarters means the time of actual departure from camp or the time of ceasing duty in the field subsequent to breaking camp, whichever is the later.

(8) Whenever an employee provided with a caravan is obliged to park the caravan at a caravan park, the employee will be reimbursed the rental charges paid to the authority controlling the caravan park, in addition to the payment of camping allowance.

11. Clause 49. – Country Incentives Allowance: Delete the title of this clause and insert the following in lieu thereof:

50. – COUNTRY INCENTIVES ALLOWANCE

12. Clause 50. – Disturbance Allowance: Delete the title of this clause and insert the following in lieu thereof:

51. – DISTURBANCE ALLOWANCE

13. Clause 51. – Excess Travelling Allowance: Delete this clause and insert the following in lieu thereof:

52. – EXCESS TRAVELLING ALLOWANCE

(1) An employee, who is appointed, promoted or transferred to a school outside the Metropolitan Schools District, and is unable to obtain suitable residential accommodation within 42 kilometres of the school, will be reimbursed for any travel to and from the school in excess of 42 kilometres each way undertaken in the employee’s own motor vehicle in accordance with Clause 55 and Schedule F – Motor Vehicle Allowance of this Award.

(2) The Employer, where written grounds are provided by the employee, may put into place arrangements to address the particular extenuating circumstances surrounding suitable residential accommodation.

14. Clause 52. – Higher Duties Allowance: Delete this clause and insert the following in lieu thereof:

53. – HIGHER DUTIES ALLOWANCE

(1) An employee continuously employed for more than five (5) consecutive days acting in a position and required to perform the full duties and responsibilities that are higher than prescribed for the employee’s substantive position is paid, subject to clause 53(2), for the full period of acting the salary to which the employee would be entitled if the employee held the position permanently.

(2) Subject to clause 53(3), an employee referred to in clause 53(1) above who is employed in an acting capacity:

(a) where an employee is required by the Department to undertake such higher duties before or after the appointment period the higher duties allowance will be paid.

(b) within two (2) weeks of the commencement of the school year and remains so employed for the remainder of the full school year, will be paid the higher salary from the date of taking up the position.

(c) within two (2) weeks of the commencement of the school year and for a lesser period than the remainder of the full school year, will be paid the higher salary for the total period, including any student vacations which may fall within that period.

(d) more than two (2) weeks after the commencement of the school year, will be paid the higher salary for the total period, including any student vacations which may fall within that period.

(e) in all instances above there is an entitlement to payment of higher salary over the summer student vacation period at a pro-rata rate.

(f) from term four (4) and continues into term one (1) of the following year, will continue to be paid higher duties over the summer student vacation period.

(3) An employee referred to in clause 53(1) will not be paid the higher salary for any period of absence, on long service leave or for sick leave, of more than two (2) weeks duration.

(4) Where the full duties of a higher position are performed by two (2) or more employees on an acting basis, each must be paid an allowance determined by the Employer.

(5) Subject to clause 53(6), an employee who is directed to act in a higher position but who is not required to carry out the full duties of the position and/or accept the full responsibilities, must be paid such proportion of the higher duties allowance as the duties and responsibilities performed by him/her bear to the full duties and responsibilities of the higher position.

(6) The employee must be informed, prior to the commencement of acting in the higher position, of the duties and responsibilities to be performed and the allowance to be paid.

15. Clause 53. – Locality Allowance: Delete the title of this clause and insert the following in lieu thereof:

54. – LOCALITY ALLOWANCE

16. Clause 54. – Motor Vehicle Allowance: Delete this clause and insert the following in lieu thereof:

55. – MOTOR VEHICLE ALLOWANCE

(1) For the purposes of this clause the following expressions mean:

“A year” means 12 months commencing on the first day of July and ending on the thirtieth day of June next following;

“Metropolitan Area” means that area within a radius of 50 kilometres from the Perth City Railway Station;

“Qualifying Service” includes all service in positions where there is a requirement as a term of employment to supply and maintain a motor vehicle for use on official business but excludes all absences `which effect the entitlements prescribed in Clause 59 – Student Vacation Travel Concessions of this Award.

“Rest of the State” means that area South of 23.5º south latitude, excluding the metropolitan area and the South West land division.

“Southwest Land Division” means the southwest land division as defined by section 6 – schedule 1 of the Land Administration Act 1997 excluding the area contained within the metropolitan area;

“Term of Employment” means a requirement made known to the employee at the time of applying for the position by way of publication in the advertisement for the position, written advice to the employee contained in the offer for the position or oral communication at interview by an interviewing employee and such requirement is accepted by the employee either in writing or orally;

(2) Allowance for Employees Required to Supply and Maintain a Vehicle as a Term of Employment

(a) An employee who is required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment will be reimbursed in accordance with the appropriate rates set out in Part 1 of Schedule F – Motor Vehicle Allowance of this Award for journeys travelled on official business and approved by the Employer.

(b) For the purposes of this clause, school business includes: measuring bus routes, travelling between dispersed schools for the purpose of teaching when not part of the usual duties of the employee, transporting sick school children, collecting official mail and stock, school banking, school sports meetings, school camps, field trips, site visits and in-service training courses.

(c) An employee who is reimbursed under clause 55(2) will also be subject to the following conditions:

(i) an employee will be reimbursed with the appropriate rates set out in Part 1 of Schedule F. – Motor Vehicle Allowance of this Award for the distance travelled from the employee’s residence to the place of duty and for the return distance travelled from place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day;

(ii) where an employee in the course of a journey travels through two or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in Part 1 of Schedule F – Motor Vehicle Allowance of this Award;

(iii) where an employee does not travel in excess of 4,000 kilometres in a year an allowance calculated by multiplying the appropriate rate per kilometre by the difference between the actual distance travelled and 4,000 kilometres will be paid to the employee provided that where the employee has less than 12 months qualifying service in the year then the 4,000 kilometre distance will be reduced on a pro rata basis and the allowance calculated accordingly;

(iv) where a part time employee is eligible for a payment of an allowance under subparagraph (iii) of this clause such allowance is calculated on the proportion of total hours worked in that year by the employee to the annual standard hours had the employee been employed on a full time basis for the year;

(v) an employee who is required to supply and maintain a motor vehicle for use on official business is excused from this obligation in the event of their vehicle being stolen, consumed by fire, or suffering a major and unforeseen mechanical breakdown or accident, in which case all entitlement to reimbursement ceases while the employee is unable to provide the motor vehicle or a replacement; and

(vi) the Employer may elect to waive the requirement that an employee supply and maintain a motor vehicle for use on official business, but three (3) month’s written notice of the intention to do so must be given to the employee concerned.

(3) Allowance for Employees Relieving Employees Subject to Clause 55(2)

(a) An employee not required to supply and maintain a motor vehicle as a term of employment who is required to relieve an employee required to supply and maintain a motor vehicle as a term of employment will be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part 1 of Schedule F – Motor Vehicle Allowance of this Award for all journeys travelled on official business and approved by the Employer where the employee is required to use the vehicle on official business whilst carrying out the relief duties.

(b) For the purposes of clause 55(3)(a) an employee will be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part 1 of Schedule F – Motor Vehicle Allowance of this Award for the distance travelled from the employee’s residence to place of duty and the return distance travelled from place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day.

(c) Where an employee in the course of a journey travels through two or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in Part 1 of Schedule F. – Motor Vehicle Allowance of this Award.

(d) For the purpose of this clause the allowance provided in clause 55(2)(c) (iii) and (iv) does not apply.

(4) Allowance for Other Employees Using Vehicle on Official Business

(a) An employee who is not required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment, but when requested by the Employer voluntarily consents to use the vehicle for journeys travelled on official business approved by the Employer will be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part 2 and Part 3 of Schedule F. – Motor Vehicle Allowance of this Award.

(b) For the purpose of clause 55(4)(a) an employee is not entitled to reimbursement for any expenses incurred in respect to the distance between the employee’s residence and headquarters and the return distance from headquarters to the residence.

(c) Where an employee in the course of a journey travels through two (2) or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in Part 2 and Part 3 of Schedule F. – Motor Vehicle Allowance of this Award.

(5) Allowance for Towing Departmental Caravan or Trailer

In cases where employees are required to tow Departmental caravans on official business, the additional rate is 6.5 cents per kilometre. When Departmental trailers are towed on official business the additional rate is 3.5 cents per kilometre.

(6) An employee who is required to accompany school groups attending education and sporting functions when public transport is used will be reimbursed the cost of the fare incurred.

(7) Employees will be reimbursed all expenditure outlaid while using a Government vehicle on approved Departmental business.

17. Clause 55. – Property Allowance: Delete this clause and insert the following in lieu thereof:

56. – PROPERTY ALLOWANCE

(1) For the purposes of this clause:

“Prescribed Expenses” means:

(a) Legal fees paid to a solicitor or in lieu thereof fees charged by a settlement agent, for professional costs incurred in respect of the sale or purchase, the maximum fee to be claimed will be as set out in the non-contentious business cost determination made under section 210 of the Legal Practice Act 2003.

(b) Disbursements duly paid to a solicitor or a settlement agent necessarily incurred in respect of the sale or purchase of the residence.

(c) Real estate agent’s commission in accordance with that fixed by the Real Estate and Business Agents’ Supervisory Board, acting under section 61 of the Real Estate and Business Agents’ Act 1978, duly paid to an agent for services rendered in the course of and incidental to the sale of the property, the maximum fee to be claimed is 50 per cent as set out under Items (1) or (2) – Sales by Private Treaty or Items (1) or (2) – Sales by Auction of the Maximum Remuneration Notice.

(d) Stamp Duty.

(e) Fees paid to the Registrar of Titles or to the employee performing duties of a like nature and for the same purpose in another State of the Commonwealth.

(f) Expenses relating to the execution or discharge of a first mortgage.

(g) The amount of expenses reasonably incurred by the employee in advertising the residence for sale.

(2) Subject to the exclusions expressed in this clause, when an employee is transferred or promoted from one locality to another, the employee is entitled to be paid a property allowance for reimbursement of prescribed expenses, as defined in clause 56(1) incurred:

(a) in the sale of a residence in the employee’s former locality which, at the date on which the employee received notice of transfer to the new locality:

(i) the employee owned and occupied; or

(ii) the employee was purchasing under a contract of sale and occupying; or

(iii) the employee was constructing for personal occupation on a permanent basis on completion of construction;

and

(b) in the purchase of a residence or land for the purpose of erecting a residence thereon for personal occupation on a permanent basis in the new locality.

(3) An employee transferred at their own expense in accordance with the provisions of Part 5 of the Public Sector Management Act 1994 and an employee who applies for and is granted a transfer after periods of service of less than two (2) years in a particular locality is not entitled to be paid a property allowance under this clause unless such payment is expressly approved by the Director General.

(4) An employee is not entitled to the payment of a property allowance in respect of a sale or purchase within the terms of clause 56(2) that is effected more than 12 months after the date on which the employee took up duty in the new locality or after the date on which the employee received notification of transfer back to the former locality, provided that the Employer may in exceptional circumstances grant an extension of time for such period as is deemed reasonable.

(5) An employee is not entitled to be paid a property allowance under clause 56(2)(b) unless that employee is entitled to be paid a property allowance under clause 56(2)(a) unless the employee can show that it is necessary to purchase a residence or land for the purpose of erecting a residence thereon in the new locality because of the transfer or promotion of the employee.

(6) For the purposes of this clause, it is immaterial that the relevant transaction is made or entered into:

(a) in the case of an employee with a partner solely, jointly or as a tenant in common with:

(i) the employee’s partner; or

(ii) a dependent relative; or

(iii) the employee’s partner and a dependent relative.

(b) in the case of any other employee solely or jointly or as a tenant in common with a dependent relative living with the employee.

(7) Where an employee sells or purchases a residence jointly or as a tenant in common with another person or other persons, not being a person referred to in the immediately preceding clause, such employee will be reimbursed only the proportion of the prescribed expenses for which the employee is responsible.

(8) An application by an employee for a property allowance must be accompanied by satisfactory evidence of the payment by the employee of the prescribed expenses.

(9) The Employer is only liable for prescribed expenses in clause 56(1) as applicable to the Perth Median Price for housing. This amount is to be annually adjusted as of 30 September each year.

18. Clause 56. – Relieving Allowance: Delete this clause and insert the following in lieu thereof:

57. – RELIEVING ALLOWANCE

(1) An employee who is required to take up duty away from headquarters on relief duty or to perform special duty, and necessarily resides temporarily away from the employee’s usual place of residence will be reimbursed reasonable expenses on the following basis:

(a) Where the employee:

(i) is supplied with accommodation and meals free of charge; or

(ii) is accommodated at a government institution, hostel or similar establishment and supplied with meals,

reimbursement will be in accordance with the rates prescribed in Column A, Items (1), (2) or (3) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(2) Where employees are fully responsible for their own accommodation, meals and incidental expenses and hotel or motel accommodation is utilised:

(a) For the first 42 days after arrival at the new locality, reimbursement will be in accordance with the rates prescribed in Column A, Items (4) to (8) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(b) For periods in excess of 42 days after arrival in the new locality, reimbursement will be in accordance with the rates prescribed in Column B, Items (4) to (8) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award for employees with dependents or Column C, Items (4) to (8) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award for other employees - provided that the period of reimbursement under this clause can not exceed 49 days without the approval of the Employer.

(3) Where employees are fully responsible for their own accommodation, meals and incidental expenses and other than hotel or motel accommodation is utilised, reimbursement will be in accordance with the rates prescribed in Column A, Items (9), (10) or (11) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(4) If an employee whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the employee will be paid in accordance with the appropriate rates prescribed in Clause 49 and Schedule D. – Camping Allowance of this Award for the duration of the period spent in camp and, in addition, will be paid a lump sum of $157.00 to cover incidental personal expenses - provided that an employee cannot receive more than one lump sum of $157.00 in any one period of three (3) years.

(5) Reimbursement of expenses will not be suspended should an employee become ill whilst on relief duty, provided leave for the period of such illness is approved in accordance with the provisions of this Award and the employee continues to incur accommodation, meal and incidental expenses.

(6) When an employee who is required to relieve or perform special duties, in accordance with clause 57(1) is authorised by the Employer to travel to the new locality in the employee’s own motor vehicle, reimbursement for the return journey is as follows:

(a) Where the employee will be required to maintain a motor vehicle for the performance of the relieving or special duties, reimbursement is in accordance with the appropriate rate prescribed by clause 55(2) of this Award.

(b) Where the employee will not be required to maintain a motor vehicle for the performance of the relieving or special duties, reimbursement is on the basis of one half (½) of the appropriate rate prescribed by clause 55(2) of this Award - provided that the maximum amount of reimbursement cannot exceed the cost of the fare by public conveyance which otherwise would be utilised for such return journey.

(7) Where it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred, an appropriate rate of reimbursement will be determined by the Employer.

(8) The provisions of Clause 60. – Travelling Allowance of this Award does not operate concurrently with this clause to permit an employee to be paid allowances in respect of both travelling and relieving expenses for the same period - provided that, where an employee is required to travel on official business which involves an overnight stay away from the employee’s fixed-term contract headquarters, the Employer may extend the periods specified in clause 57(2) by the time spent in travelling.

(9) An employee who is directed to relieve another employee or to perform special duties away from the employee’s usual headquarters and is not required to reside temporarily away from their usual place of residence will, if the employee is not in receipt of a higher duties or special allowance for such work, be reimbursed the amount of additional fares paid by the employee travelling by public transport to and from the place of fixed-term contract duty.

19. Clause 57. – Removal Allowance: Delete this clause and insert the following in lieu thereof:

58. – REMOVAL ALLOWANCE

(1) An employee who is relocated in the ordinary course of appointment, promotion or transfer or on account of illness due to causes over which the employee has no control will be reimbursed:

(a) the actual reasonable cost of conveyance of the employee, the employee’s partner and dependants;

(b) the actual reasonable cost of the packing and the conveyance of the employee’s furniture, effects and appliances including insurance of such property whilst in transit;

(c) an allowance of $525.00 for accelerated depreciation and extra wear and tear on furniture, appliances and effects.

Payment of this allowance to employees will be made on every appointment, promotion or transfer, provided that the Employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,143.00.

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $157.00.

Pets are defined as dogs, cats, birds or other domestic animals kept by the employee or the employee's dependants for the purpose of household enjoyment.

Pets do not include domesticated livestock, native animals or equine animals.

(e) Where in the circumstances it is reasonable to do so, the furniture, effects and appliances of the employee may be transported on two (2) separate dates not more than six (6) months apart.

(2) An employee located outside the Metropolitan Schools District who resigns after serving not less than two (2) years in the locality is entitled to reimbursement of costs incurred in moving to the Metropolitan Schools District as provided in clause 58(1)(a) and (b) and to the allowance for accelerated depreciation prescribed in clause 58(1)(c). Where an employee has served for one (1) year in the locality and the employee’s resignation takes effect at the end of the school year, such employee is entitled to reimbursement of costs in moving to the Metropolitan Schools District as prescribed in clause 58(1)(a) and (b). Otherwise an employee who resigns is not be entitled to any benefits under this clause unless the Employer so determines.

(3) (a) An employee will be reimbursed the full freight charges necessarily incurred in respect of the removal of the employee’s vehicle. If authorised by the Employer to travel to the new locality in the employee’s own motor vehicle, the employee is, for all purposes, deemed to be in the course of their employment and will be reimbursed for the distance necessarily travelled outside the Metropolitan Schools District at the following rates.

(i) Within District 1 at the rate of 0.5 of the appropriate rate of hire prescribed by Clause 55 – Motor Vehicle Allowance of this Award.

(ii) Within District 2 at the rate of 0.625 of the appropriate rate of hire so prescribed.

(iii) Within Districts 3 – 6 inclusive at the appropriate rate of hire so prescribed.

(b) Subject to clause 58(3)(a) the employee is also entitled, where the Employer has authorised, to reimbursement as follows:

(i) Where an employee or their dependants have more than one vehicle, and all the vehicles are to be relocated to the new residence, the cost of transporting or driving up to two vehicles is deemed to be part of the removal costs.

(ii) Where only one vehicle is to be relocated to the new residence, the employee may choose to transport a trailer, boat or caravan in lieu of the second vehicle. The employee may be required to show evidence of ownership of the trailer, boat or caravan to be transported.

(4) The rates prescribed in clause 58(3) are paid subject to the following conditions:

(a) the journey is by the shortest practical route;

(b) the reimbursement does not exceed the cost of the airfare for the employee, partner and dependants; and

(c) the reimbursement does not exceed the cost of the employee’s airfare when the employee’s family travels by other means.

(5) Receipts must be produced for all sums paid.

(6) The Employer may, in lieu of the cost of conveyance, authorise payment of an amount to compensate for loss in any case where an employee with prior approval disposes of the employee’s furniture, appliances and effects instead of removing them to the employee’s new headquarters, provided that such payment must not exceed the sum which would have been paid if such furniture, appliances and effects had been removed by the cheapest form of transport available.

(7) Where an employee is transferred or promoted and the accommodation provided is furnished and, as a consequence, it is reasonably necessary for the employee to store all or part of the furniture owned by the employee, the actual cost of such storage and insurance as approved and authorised by the Employer will be reimbursed.

(8) Where an employee of single status is transferred or appointed to a locality and such status is subsequently changed, the employee will be reimbursed for reasonable freight charges for any reasonable additional furniture movement required by the employee.

(9) All employees appointed, promoted or transferred to localities north of 30 degrees latitude must have included in the air ticket both to and from the locality:

(a) an allowance for 25 kilograms excess baggage. An excess baggage allowance of 16 kilograms is to be provided for children under three (3) years of age who are not fare paying passengers.

(b) in addition, employees appointed, promoted or transferred to isolated schools specified in Schedule C. – Travelling, Transfer and Relieving Allowance of this Award are granted an additional five (5) kilograms excess baggage allowance.

(10) Where a partner referred to in this clause is also an employee who is appointed, promoted or transferred to the same locality as the employee, a partner may not claim allowances for reimbursement of expenses incurred on behalf of the partner and dependants and claimed for by the employee.

(11) Payment of the allowances under this clause does not apply to employees transferred at their own expense in accordance with the provisions of Part 5 of the Public Sector Management Act 1994, or to employees who seek transfers after periods of service of less than two (2) years in a particular locality unless payment of an allowance is approved by the Employer.

(12) Claims under this clause must be made within 12 months of the appointment, promotion or transfer.

20. Clause 58. – Student Vacation Travel Concession: Delete this clause and insert the following in lieu thereof:

59. – STUDENT VACATION TRAVEL CONCESSIONS

(1) Subject to clause 59(2), employees employed in Districts 3, 4, 5 and 6 are entitled to the concessions specified in Schedule G. – Student Vacation Travel Concessions of this Award once per year when proceeding to either Perth or Geraldton in the Summer Student Vacation Period.

(2) Employees who have served a full school year or an equivalent period in the district may defer taking the concession until the following Term 1, Term 2 or Term 3 student vacation period.

(3) An employee may elect to travel elsewhere than to a centre referred to in clause 59(1) and, in that event, will be paid the cost of that travel up to an amount not exceeding the value of benefits to which the employee is entitled under that clause.

(4) Employees employed in District 2 will be paid fares by road and/or rail to Perth for the employee, dependent partner and dependants once every two (2) years. An employee who elects to travel by road in the employee’s own vehicle will be paid at 0.625 of the appropriate rate prescribed by Clause 55. – Motor Vehicle Allowance of this Award.

(5) The mode of travel used by employees under this clause is subject to the approval of the Employer.

(6) When an employee and the family of the employee travel together by rail, first class rail fare is allowed for the employee, the employee’s dependent partner and dependants.

(7) An employee who is eligible for a travel concession in accordance with clause 59(1) and who travels by private motor vehicle will be paid the full rates in accordance with the appropriate rate prescribed by Clause 55 and Part 2 of Schedule F. - Motor Vehicle Allowance of this Award provided that the amount of payment must not exceed the cost:

(a) of a return air fare by public air services of an employee when travelling alone or the return air fares of the employee, employee’s dependent partner and dependants when travelling together; and

(b) where air travel is inappropriate, of a return first class rail fare of an employee when travelling alone or the return first class rail fares of the employee, employee’s dependent partner and dependants when travelling together.

(8) Where an employee, subject to clause 59(4) of this clause, travels by private motor vehicle and through no fault of the employee is prevented by natural disaster, such as flood or cyclone, from returning to the locality in which the employee is employed after the student vacation, the employee will be paid any reasonable costs incurred in transporting the employee, the family of the employee and the motor vehicle to that locality by alternative means approved by the Employer.

21. Clause 59. – Travelling Allowance: Delete this clause and insert the following in lieu thereof:

60. – TRAVELLING ALLOWANCE

(1) An employee who travels on official business will be reimbursed reasonable expenses in accordance with the provisions contained in this clause provided that such travelling is authorised by an employee approved by the Employer.

(2) When a trip necessitates an overnight stay away from headquarters and the employee:

(a) is supplied with accommodation and meals free of charge; or

(b) attends a course, conference, etc, where the fee paid includes accommodation and meals; or

(c) travels by rail and is provided with a sleeping berth and meals; or

(d) is accommodated at a Government institution, hostel or similar establishment and is supplied with meals, reimbursement is in accordance with the rates prescribed in Column A, Items (1), (2) or (3) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(3) When a trip necessitates an overnight stay away from headquarters and the employee is fully responsible for their own accommodation, meals and incidental expenses:

(a) where hotel or motel accommodation is utilised reimbursement is in accordance with the rates prescribed in Column A, Items (4) to (8) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award; and

(b) where other than hotel or motel accommodation is utilised reimbursement is in accordance with the rates prescribed in Column A, Items (9), (10) or (11) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(4) When a trip necessitates an overnight stay away from headquarters and accommodation only is provided at no charge to the employee, reimbursement will be made in accordance with the rates prescribed in Column A, Items 1, 2 or 3 and Items 12, 13 or 14 of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award, subject to the employee’s certification that each meal claimed was actually purchased.

(5) To calculate reimbursement under clauses 60(2) and 60(3) for a part of a day, the following formula will apply:

(a) If departure from headquarters is:

before 8.00am – 100% of the daily rate.

8.00am or later but prior to 1.00pm – 90% of the daily rate.

1.00pm or later but prior to 6.00pm – 75% of the daily rate.

6.00pm or later – 50% of the daily rate.

(b) If arrival back at headquarters is:

8.00am or later but prior to 1.00pm – 10% of the daily rate.

1.00pm or later but prior to 6.00pm – 25% of the daily rate.

6.00pm or later but prior to 11.00pm – 50% of the daily rate.

11.00pm or later – 100% of the daily rate.

(6) When an employee travels to a place outside a radius of 50 km measured from the employee’s headquarters and the trip does not involve an overnight stay away from headquarters, reimbursement for all meals claimed will be at the rates set out in Column A, Items (12) or (13) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award subject to the employee’s certification that each meal claimed was actually purchased - provided that when an employee departs from headquarters before 8.00 am and does not arrive back at headquarters until after 11.00 pm on the same day the employee will be paid at the appropriate rate prescribed in Column A, Items (4) to (8) of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award.

(7) When it can be shown to the satisfaction of the Employer by the production of receipts that reimbursements in accordance with Schedule C. – Travelling, Transfer and Relieving Allowance of this Award does not cover an employee’s reasonable expenses for a whole trip, the employee will be reimbursed the excess expenditure.

(8) In addition to the rates contained in Schedule C. – Travelling, Transfer and Relieving Allowance of this Award an employee will be reimbursed reasonable incidental expenses such as train, bus and taxi fares, official telephone calls, laundry and dry cleaning expenses on production of receipts.

(9) If, on account of lack of suitable transport facilities, an employee necessarily engages reasonable accommodation for the night prior to commencing travelling on early morning transport the employee will be reimbursed the actual cost of such accommodation.

(10) Reimbursement of expenses will not be suspended should an employee become ill whilst travelling, provided leave for the period of such illness is approved in accordance with provisions of Clause 41. – Sick Leave of this Award and the employee continues to incur accommodation, meal and incidental expenses.

(11) Reimbursement claims for travelling in excess of 14 days in one (1) month can not be passed for payment by a certifying employee unless the Director General has endorsed the account.

(12) An employee who is relieving at or temporarily transferred to any place within a radius of 50 kilometres measured from the employee’s headquarters will not be reimbursed the cost of midday meals purchased, but an employee travelling on duty within that area which requires absence from the employee’s headquarters over the usual midday meal period will be paid at the rate prescribed by Item 17 of Schedule C. – Travelling, Transfer and Relieving Allowance of this Award, for each meal necessarily purchased, provided that:

(a) such travelling is not a normal feature in the performance of the employee’s duties; and

(b) such travelling is not within the suburb in which the employee resides; and

(c) the employee’s total reimbursement under this clause for any one (1) pay period can not exceed the amount prescribed by Item 18 of Schedule C of this Award.

22. Clause 60. – Notification of Change: Delete this clause and insert the following in lieu thereof:

61. – NOTIFICATION OF CHANGE

(1) Where the Employer has made a definite decision to introduce major changes that are likely to have a significant effect on employees’ conditions of employment, the Employer must notify the employees who may be affected by the proposed changes and the relevant Union/s.

(2) Where the employee is eligible to be a member of the SSTUWA and the PFWA, both Unions must be notified.

(3) For the purpose of this clause, “Significant Effects” includes: termination of employment, major changes in the composition; operation or size of the Employer’s work force or in the skills required; elimination or diminution of the job opportunities; promotion opportunities or job tenure; the need for retraining or transfer of employees to other work or locations and restructuring of jobs.

(4) The Employer must discuss with the employees affected and the relevant Union/s, inter alia, the introduction of the changes referred to in clause 61(1) of this clause; the effects the changes are likely to have on employees; measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or the relevant Union/s in relation to the changes.

(5) The discussion must commence as early as practicable after a firm decision has been made by the Employer to make the changes referred to in clause 61(1), unless by prior arrangement, the relevant Union/s is/are represented in formulating recommendations for change to be considered by the Employer.

(6) For the purposes of such discussion the Employer is to provide to the employees concerned and the relevant Union/s all relevant information about the changes; including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided the Employer is not required to disclose confidential information, the disclosure of which would be inimical to the Employer’s interests.

23. Clause 61. – Union Facilities for Union Representatives: Delete this clause and insert the following in lieu thereof:

62. – UNION FACILITIES FOR UNION REPRESENTATIVES

(1) The Employer recognises the rights of the SSTUWA and PFWA to organise and represent its members.

(2) The Employer will recognise SSTUWA representatives and the members of the PFWA Council as the representatives of the PFWA and will allow them to carry out their roles and functions.

(3) SSTUWA representatives in the Department have a legitimate role and function in assisting the SSTUWA in the tasks of recruitment, organising, communication and representing members' interests in the workplace, Department and SSTUWA branch.

(4) The Employer recognises that, under the SSTUWA’s rules, SSTUWA representatives are members of a branch representing members within a SSTUWA electorate. A SSTUWA branch may cover more than one workplace.

(5) The SSTUWA will advise the Employer in writing of the names of the SSTUWA representatives in the Department.

(6) The Employer must recognise the authorisation of each the SSTUWA and PFWA representatives in the Department and must provide them with the following.

(a) Paid time off from normal duties to perform their functions as a Union representative such as organising, recruiting, individual grievance handling, collective bargaining, involvement in the branch and to attend Union business in accordance with this clause and the Department’s Industrial Relations Advice 6 of 2009. The Department will consult with the Unions regarding any proposed changes to this Industrial Relations Advice.

(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, internet, photocopiers and stationery. Such access to facilities must not unreasonably affect the operation of the organisation and is in accordance with normal Departmental protocols.

(c) A noticeboard for the display of Union materials including broadcast email facilities.

(d) Paid access to periods of leave for the purpose of attending Union training courses in accordance with Clause 63. – Leave to Attend Union Business of the Award. Country representatives will be provided with appropriate travel time.

(e) Notification of the commencement of new employees, and as part of their induction, time to discuss the benefits of Union membership with them.

(f) Access to awards, agreements, policies and procedures.

(g) The names of any Equal Employment Opportunity and Occupational Health, Safety and Welfare representatives.

(7) The Employer recognises that 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.

24. Clause 62. – Leave to Attend Union Business: Delete this clause and insert the following in lieu thereof:

63. – LEAVE TO ATTEND UNION BUSINESS

(1) The Employer must grant paid leave at the ordinary rate of pay during normal working hours to an employee:

(a) who is required to attend or give evidence before any Industrial Tribunal;

(b) who as a Union-nominated representative is required to attend any negotiations and/or proceedings before an Industrial Tribunal and/or meetings with Ministers of the Crown, their staff or any other representative of Government;

(c) when prior arrangement has been made between the relevant Union and the Employer, for the employee to attend official Union meetings preliminary to negotiations and/or Industrial Tribunal proceedings; and

(d) who as a Union-nominated representative is required to attend joint Union/management consultative committees or working parties.

(2) The granting of leave is subject to convenience and must only be approved:

(a) where reasonable notice is given for the application for leave;

(b) for the minimum period necessary to enable the Union business to be conducted or evidence to be given; and

(c) for those employees whose attendance is essential.

(3) The Employer is not liable for any expenses associated with an employee attending to Union business.

(4) Leave of absence granted under this clause must include any necessary travelling time in normal working hours.

(5) An employee is not entitled to paid leave to attend to Union business other than as prescribed by this clause.

(a) An employee who successfully gains employment with either Union will be granted leave without pay for the duration of any such appointment up to a period of four (4) years. Further leave without pay beyond this period is at the discretion of the Employer.

(b) An employee who is elected to the role of President, Senior Vice President or General Secretary of either Union or Vice President of the SSTUWA will be granted leave without pay for the duration of that term.

(c) Arrangements prescribed in clause 63(5)(a) and (b) are subject to written notification of the relevant Union.

(6) The Employer is not liable for any expenses incurred by the employee attending to Union business.

(7) Clause 63 does not apply to:

(a) special arrangements made with the Union which provide for unpaid leave for employees to conduct Union business;

(b) when an employee is absent from work without the approval of the Employer; and

(c) casual employees.

25. Clause 63. – Trade Union Training Leave: Delete the title of this clause and insert the following in lieu thereof:

64. – TRADE UNION TRAINING LEAVE

26. Clause 64. – Right of Entry and Inspection by Authorised Representatives: Delete the title of this clause and insert the following in lieu thereof:

65. – RIGHT OF ENTRY AND INSPECTION BY AUTHORISED REPRESENTATIVES

27. Clause 65. – Keeping of and Access to Employment Records: Delete the title of this clause and insert the following in lieu thereof:

66. – KEEPING OF AND ACCESS TO EMPLOYMENT RECORDS

28. Clause 66. – Dispute Settlement Procedure: Delete this clause and insert the following in lieu thereof:

67. – DISPUTE SETTLEMENT PROCEDURE

(1) Any questions, difficulties or disputes arising under this Award of employees bound by the Award shall be dealt with in accordance with this clause.

(2) The employee/s and the manager with whom the dispute has arisen shall discuss the matter and attempt to find a satisfactory solution, within three (3) working days.

(3) If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant manager's superior and an attempt made to find a satisfactory solution, within a further three (3) working days.

(4) If the dispute is still not resolved, it may be referred by the officer/s or Union representative to the Employer or their nominee.

(5) Where the dispute cannot be resolved within five (5) working days of the Union representative’s referral of the dispute to the Employer or their nominee, either party may refer the matter to the Western Australian Industrial Relation Commission.

(6) The period for resolving a dispute may be extended by agreement between the Parties.

(7) At all stages of the procedure the employee may be accompanied by a Union representative.

(8) Subject to clause 67(9), where the dispute affects only a member of one of the Unions, the other Union will not be involved in the procedure.

(9) Where a dispute has the potential to affect members, or persons eligible to be members of both Unions, both Unions will be involved in the procedure.

29. Schedule G – Student Vacation Travel Concessions: Delete this schedule and insert the following in lieu thereof:

SCHEDULE G – STUDENT VACATION TRAVEL CONCESSIONS