Civil Service Association of Western Australia Incorporated -v- The Hon Speaker of the Legislative Assembly and another

Document Type: Order

Matter Number: P 3/2022

Matter Description: Electorate Officers Award 1986

Industry: Government Administration

Jurisdiction: Public Service Arbitrator

Member/Magistrate name: Senior Commissioner R Cosentino

Delivery Date: 28 Mar 2023

Result: Award varied

Citation: 2023 WAIRC 00159

WAIG Reference: 103 WAIG 297

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2023 WAIRC 00159
ELECTORATE OFFICERS AWARD 1986
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
APPLICANT
-V-
THE HON SPEAKER OF THE LEGISLATIVE ASSEMBLY AND ANOTHER
RESPONDENTS
CORAM PUBLIC SERVICE ARBITRATOR
SENIOR COMMISSIONER R COSENTINO
DATE TUESDAY, 28 MARCH 2023
FILE NO P 3 OF 2022
CITATION NO. 2023 WAIRC 00159

Result Award varied
Representation (on the papers)


APPLICANT CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED

RESPONDENTS THE HON SPEAKER OF THE LEGISLATIVE ASSEMBLY AND ANOTHER


Order

WHEREAS this is an application filed by the Civil Service Association of Western Australia Incorporated (CSA) on 22 December 2022 to vary the Electorate Officers Award 1986 pursuant to s 40 of the Industrial Relations Act 1979 (WA);

AND WHEREAS the grounds for the application are to update several allowances and a salary rates schedule contained in the Award as follows:
(a) replacing Schedule G – Expired General Agreement Salaries with the most recent Expired General Agreement salaries; and
(b) increasing motor vehicle and removal related allowances by relevant CPI increases from March 2018 quarter to March 2022 quarter;

AND WHEREAS the CSA is a named party listed in Schedule A of the Award, and therefore has standing to make the application;

AND WHEREAS the employer respondents, represented by Government Sector Labour Relations, agree to the proposed variations, with some minor amendments. In effect, the variations are by consent;

AND WHEREAS the proposed variations are in accordance with Principle 6 of the Statement of Principles made in the 2022 State Wage Case;

AND WHEREAS the parties consented to the application being determined on the papers;

AND BEING satisfied that:
(a) the amendments proposed do not affect any substantive change to the scope of the Award or its area of operation;
(b) the application is not made within a term specified in the Award; and
(c) the requirements for varying the Award are met;

NOW THEREFORE, the Public Service Arbitrator, pursuant to the powers conferred under the Act, hereby orders –

THAT the Electorate Officers Award 1986 be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after the date of this order.






SENIOR COMMISSIONER R COSENTINO
PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 36. – MOTOR VEHICLE ALLOWANCE: Delete subclause (5) of this Clause and insert in lieu thereof the following:

(5) Allowance for towing Electorate Office caravan or trailer.

In case where employees are required to tow Electorate Office caravans on official business, the additional rate shall be 10 cents per kilometre. When Electorate Office trailers are towed on official business the additional rate shall be 4.5 cents per kilometre.

2. Clause 38. – REMOVAL ALLOWANCE:

A. Delete subclause (1)(c) and (1)(d) of this Clause and insert in lieu thereof the following:

(c) An allowance of $633.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an employee is required to transport their furniture, effects and appliances provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,792.00.

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $233.00.

B. Delete subclause (3)(e) of this Clause and insert in lieu thereof the following:

(e) If the employee tows the caravan, trailer or boat to the new residence, the additional rate per kilometre is to be 4.0 cents per kilometre for a caravan or boat and 2.5 cents per kilometre for a trailer.

C. Delete subclause (6) of this Clause and insert in lieu thereof the following:

(6) Where an employee is transferred to government owned or private rental accommodation, where furniture is provided, and as a consequence the employee is obliged to store furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $1,178.00 per annum. Actual cost is deemed to include the premium for adequate insurance coverage for the value of the furniture stored. An allowance under this subclause shall not be paid for a period in excess of four years without the approval of the employer.

3. SCHEDULE G – EXPIRED GENERAL AGREEMENT SALARIES: Delete this Schedule and insert in lieu thereof the following:

SCHEDULE G – EXPIRED GENERAL AGREEMENT SALARIES

Year of Service

$ Per Annum (at 13 June 2021)
(Not to be subjected to arbitrated safety net adjustments)
1st Year
$81,452
2nd Year
$83,593
3rd Year
$85,797
4th Year
$90,047
5th Year
$92,915
6th Year
$95,896
7th Year
$98,994

Civil Service Association of Western Australia Incorporated -v- The Hon Speaker of the Legislative Assembly and another

ELECTORATE OFFICERS AWARD 1986

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

The Hon Speaker of the Legislative Assembly AND ANOTHER

RESPONDENTS

CORAM PUBLIC SERVICE ARBITRATOR

 Senior Commissioner R Cosentino

DATE TUESDAY, 28 March 2023

FILE NO P 3 OF 2022

CITATION NO. 2023 WAIRC 00159

 

Result Award varied

Representation (on the papers)

 


Applicant Civil Service Association of Western Australia Incorporated

 

Respondents The Hon Speaker of the Legislative Assembly and another

 

 

Order

 

WHEREAS this is an application filed by the Civil Service Association of Western Australia Incorporated (CSA) on 22 December 2022 to vary the Electorate Officers Award 1986 pursuant to s 40 of the Industrial Relations Act 1979 (WA);

 

AND WHEREAS the grounds for the application are to update several allowances and a salary rates schedule contained in the Award as follows:

(a) replacing Schedule G – Expired General Agreement Salaries with the most recent Expired General Agreement salaries; and

(b) increasing motor vehicle and removal related allowances by relevant CPI increases from March 2018 quarter to March 2022 quarter;

 

AND WHEREAS the CSA is a named party listed in Schedule A of the Award, and therefore has standing to make the application;

 

AND WHEREAS the employer respondents, represented by Government Sector Labour Relations, agree to the proposed variations, with some minor amendments. In effect, the variations are by consent;

 

AND WHEREAS the proposed variations are in accordance with Principle 6 of the Statement of Principles made in the 2022 State Wage Case;

 

AND WHEREAS the parties consented to the application being determined on the papers;

 

AND BEING satisfied that:

(a) the amendments proposed do not affect any substantive change to the scope of the Award or its area of operation;

(b) the application is not made within a term specified in the Award; and

(c) the requirements for varying the Award are met;

 

NOW THEREFORE, the Public Service Arbitrator, pursuant to the powers conferred under the Act, hereby orders 

 

THAT the Electorate Officers Award 1986 be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after the date of this order.

 

 

 

 

 

 

Senior Commissioner R Cosentino

PUBLIC SERVICE ARBITRATOR


SCHEDULE

 

1. Clause 36. – MOTOR VEHICLE ALLOWANCE: Delete subclause (5) of this Clause and insert in lieu thereof the following:

 

(5) Allowance for towing Electorate Office caravan or trailer.

 

In case where employees are required to tow Electorate Office caravans on official business, the additional rate shall be 10 cents per kilometre. When Electorate Office trailers are towed on official business the additional rate shall be 4.5 cents per kilometre.

 

2. Clause 38. – REMOVAL ALLOWANCE:

 

A. Delete subclause (1)(c) and (1)(d) of this Clause and insert in lieu thereof the following:

 

(c) An allowance of $633.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an employee is required to transport their furniture, effects and appliances provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,792.00.

 

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $233.00.

 

B. Delete subclause (3)(e) of this Clause and insert in lieu thereof the following:

 

(e) If the employee tows the caravan, trailer or boat to the new residence, the additional rate per kilometre is to be 4.0 cents per kilometre for a caravan or boat and 2.5 cents per kilometre for a trailer.

 

C. Delete subclause (6) of this Clause and insert in lieu thereof the following:

 

(6) Where an employee is transferred to government owned or private rental accommodation, where furniture is provided, and as a consequence the employee is obliged to store furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $1,178.00 per annum. Actual cost is deemed to include the premium for adequate insurance coverage for the value of the furniture stored. An allowance under this subclause shall not be paid for a period in excess of four years without the approval of the employer.

 

3. SCHEDULE G – EXPIRED GENERAL AGREEMENT SALARIES: Delete this Schedule and insert in lieu thereof the following:

 

SCHEDULE G – EXPIRED GENERAL AGREEMENT SALARIES

 

Year of Service

 

$ Per Annum (at 13 June 2021)

(Not to be subjected to arbitrated safety net adjustments)

1st Year

$81,452

2nd Year

$83,593

3rd Year

$85,797

4th Year

$90,047

5th Year

$92,915

6th Year

$95,896

7th Year

$98,994