COUNTRY HIGH SCHOOL HOSTELS AUTHORITY RESIDENTIAL COLLEGE SUPERVISORY STAFF AWARD 2005

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

Department of Education

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Senior Commissioner R Cosentino

DATE TUESday, 28 March 2023

FILE NO P 6 OF 2022

CITATION NO. 2023 WAIRC 00162

Result Award varied

Representation (on the papers)

Applicant Civil Service Association of Western Australia Incorporated

Respondent Department of Education

Order

WHEREAS this is an application filed by the Civil Service Association of Western Australia Incorporated (CSA) on the 21 December 2022 to vary the Country High School Hostels Authority Residential College Supervisory Staff Award 2005 pursuant to s 40 of the Industrial Relations Act 1979 (WA);

AND WHEREAS the grounds for the application are to:

(a) make variations that are necessary as a consequence of the abolition of the Country High Schools Hostels Authority by the School Boarding Facilities Legislation Amendment and Repeal Act 2016 (WA) including the addition of the Department of Education as a party to the Award;

(b) update job titles to reflect current job titles;

(c) introduce new clauses providing for facilities for union representatives and representation rights consistent with other conditions prevalent in public sector awards; and

(d) increase the Award’s motor vehicle, sleepover and removal related allowances by relevant CPI since the allowances were last reviewed or updated;

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 parties have agreed the proposed variations be made by consent;

AND WHEREAS the proposed addition of the Department of Education does not have the effect of extending the coverage of the Award to employees to whom another existing award applies, for the purpose of s 38(4) of the Act;

AND WHEREAS aside from the variation to the sleepover allowance, the proposed amendments are in accordance with Principle 6 of the Statement of Principles made in the 2022 State Wage Case. The parties have agreed a higher than CPI increase to the sleepover allowance, because the existing rate was increased administratively in 2005;

AND WHEREAS the application includes variations which affect the scope clause of the Award, and as such, notice of the application was given to the parties listed in s 29A(2) of the Act. The Chief Commissioner directed that the proposed variations need not be published;

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

AND BEING satisfied that:

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

(b) 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 Country High School Hostels Authority Residential College Supervisory Staff Award 2005 be varied in accordance with the attached 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 1. – TITLE: Delete this Clause and insert in lieu thereof the following:

1. – TITLE

This Award is known as the Department of Education (Residential College Supervisors) Award 2005.

2. Clause 3. – ARRANGEMENT: Delete this Clause and insert in lieu thereof the following:

3. – ARRANGEMENT

1. Title

2. Minimum Adult Award Wage

3. Arrangement

4. Area of Operation

5. Scope

6. Term of Award

7. Definitions

8. Contract of Service

9. Hours of Duty

10. Part-time Employment

11. Fixed-Term Contract Employees

12. Casual Employment

13. Traineeships

14. Salaries

15. Annual Increments

16. Purchased Leave - Deferred Salary Arrangement

17. Salary Packaging Arrangement

18. Keeping of and Access to Employment Records

19. District Allowance

20. Disturbance Allowance

21. Higher Duties Allowance

22. Motor Vehicle Allowance

23. Relieving Allowance

24. Removal Allowance

25. Part-time/Casual Sleepover Allowance

26. Transfer Allowance

27. Travelling Allowance

28. Annual Leave

29. Between Term Leave

30. Long Service Leave

31. Sick Leave

32. Short Leave

33. Carer’s Leave

34. War Caused Illness

35. Bereavement Leave

36. Blood/Plasma Donors Leave

37. Cultural/Ceremonial Leave

38. Emergency Service Leave

39. Leave Without Pay

40. Defence Force Reserves Leave

41. Parental Leave

42. Study Assistance

43. Witness and Jury Service

44. Consultation

45. Dispute Settlement Procedure

46. Leave To Attend Union Business

47. Right of Entry and Inspection by Authorised Representatives

48. Trade Union Training Leave

49. Union Facilities for Union Representatives

50. Representation Rights

51. Access to Information and Resources

52. Copies of the Award

53. Parties to the Award

Schedules

Schedule A – Salaries

Schedule B – District Allowance

Schedule C – Motor Vehicle Allowance

Schedule D – Travelling, Transfer and Relieving Allowance

3. Clause 5. – SCOPE: Delete this Clause and insert in lieu thereof the following:

5. – SCOPE

This Award shall apply to all employees employed by or working in the Department of Education as a Boarding Supervisor, Aboriginal Boarding Supervisor, Senior Boarding Supervisor or College Manager who are members of, or eligible to be members of, the Civil Service Association of Western Australia Incorporated.

4. Clause 7. – DEFINITIONS: Delete this Clause and insert in lieu thereof the following:

7. – DEFINITIONS

For the purposes of this Award the following definitions apply:

(a) “Award” means Department of Education (Residential College Supervisors) Award 2005.

(b) “Day” means from midnight to midnight.

(c) “De facto Partner” means a relationship (other than a legal marriage) between two persons who live together in a ‘marriage-like’ relationship and includes same sex partners.

(d) “Employee” means someone employed by the Employer in the capacity of a Boarding Supervisor, Aboriginal Boarding Supervisor, Senior Boarding Supervisor or College Manager.

(e) “Employer” means the Director General of the Department of Education.

(f) “Government” means the Government of Western Australia.

(g) “Partner” means either a spouse or de facto partner.

(h) “School Year” means the period gazetted as such by the Minister for Education and Training.

(i) “Spouse” means a person who is lawfully married to that person.

(j) “Term” means the period between commencement and finishing dates of the school term as gazetted.

(k) “Union” means the Civil Service Association of Western Australia Incorporated (the Association).

(l) “WAIRC” means the Western Australian Industrial Relations Commission.

(m) “Year” shall commence from one week prior to the commencement of the school year and continue to the day prior to one (1) week before the commencement of the following school year.

5. Clause 8. – CONTRACT OF SERVICE:

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

(1) Probation

(a) Every employee appointed to the employ of the Employer shall be on probation for a period not exceeding six (6) months, unless otherwise determined by the Employer.

(b) At any time during the period of probation the Employer may annul the appointment and terminate the services of the employee by the giving of one (1) week’s notice by either party or payment in lieu thereof, by either party.

(c) As soon as possible following the expiry of the period of probation the Employer shall notify in writing on whether they intend to:

(i) confirm the appointment; or

(ii) extend the period of probation for up to six (6) months; and

(iii) terminate the employment, effective at the end of the probationary period.

(d) Where the Employer extends the period of probationary employment the contract of employment may be terminated as set out in paragraph (b) of this subclause.

(e) The Employer may summarily dismiss an employee deemed guilty of gross misconduct or neglect of duty and the employee shall not be entitled to any notice or payment in lieu of notice.

B. Delete subclauses (2)(a), (2)(b), (2)(e), (2)(f), (2)(g) of this Clause and insert in lieu thereof the following:

(2) Notice

(a) No employee shall leave the employ of the Employer until the expiration of four (4) weeks written notice of the employee’s intention to do so, without the approval of the Employer. An employee who fails to give the required notice shall forfeit a sum of $500.00. Such monies may be withheld from monies due on termination.

(b) Four (4) weeks written notice shall be given by the Employer to an employee whose services are no longer required. Provided that the Employer may pay the employee four (4) weeks salary in lieu of the said notice. The period of notice for an employee, who at any time of being terminated is over 45 years of age and has completed at least two years continuous service with the Employer, shall be increased by one week.

(e) The Employer may summarily dismiss an employee deemed guilty of serious misconduct and the employee shall not be entitled to any notice or payment in lieu of notice.

(f) An employee having attained the age of 55 years shall be entitled to retire from the employ of the Employer.

(g) Notwithstanding any of the provisions contained in this clause a lesser period of notice may be negotiated between the Employer and the employee.

C. Delete subclause (4)(a) of this Clause and insert in lieu thereof the following:

(4) (a) The Employer may employ employees for a fixed term consistent with Clause 11. – Fixed Term Contract Employees of the Award.

6. Clause 9. – HOURS OF DUTY:

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

(b) The Employer in conjunction with the College Manager shall determine the rostered hours of duty for employees so as to meet their individual college requirements. In doing so it shall be ensured that:

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

(i) the time off in lieu of payment shall be taken during term at a time agreed upon between the Employer and employee;

7. Clause 10. – PART-TIME EMPLOYMENT:

A. Delete subclauses (5), (9) and (10) of this Clause and insert in lieu thereof the following:

(5) The Employer shall give an employee one (1) months’ notice of any proposed variation to that employee’s starting and finishing times and/or particular days worked, provided that the Employer shall not vary the employee’s total weekly hours of duty without the employee’s written consent, a copy of which shall be placed on record.

(9) Where a full-time employee is permitted at their initiative to work part-time for a specified period no greater than 12 months, that employee has a right, upon written application to revert to full-time hours in that position, or a position of equal classification, as soon as deemed practicable by the Employer, but no later than the expiry of the agreed period.

(10) A full-time employee who at their initiative works part-time for an unspecified period may apply to revert to full-time hours in that position but only as soon as deemed practicable by the Employer. This should not prevent the transfer of the said employee to another full-time position at a classification commensurable to that of their previous full-time position.

B. Delete subclause (7)(a) of this Clause and insert in lieu thereof the following:

(a) the total time worked on any day will not exceed nine (9) hours unless otherwise agreed between the Employer and employee; and

C. Delete subclause (11)(b) of this Clause and insert in lieu thereof the following:

(b) by notification in writing to the Employer of their desire to convert to full-time employment.

8. Clause 11. – FIXED-TERM CONTRACT EMPLOYEES:

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

(1) The Employer may employ employees for a fixed-term subject to subclause (4) of this clause.

B. Delete subclause (4) of this Clause and insert in lieu thereof the following:

(4) In exercising their employing authority, the Employer may only employ a person as a fixed-term contract employee in the following circumstances:

(a) Covering one-off periods of relief; or

(b) In any other situation as is agreed between the parties to this Award.

9. Clause 12. – CASUAL EMPLOYMENT:

A. Delete subclause (2) of this Clause and insert in lieu thereof the following:

(2) A casual employee is an employee engaged for a period not exceeding one (1) calendar month in any period of engagement, or on an hourly rate of pay by agreement between the Union and the Employer.

A. Delete subclauses (6)(b) and (6)(c) of this Clause and insert in lieu thereof the following:

(b) The Employer and the casual employee shall agree on the period for which the casual employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (ie two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(c) The Employer must not fail to re-engage a casual employee because the casual employee accessed the entitlements provided for in this subclause. The rights of the Employer to engage or not engage a casual employee are otherwise not affected.

10. Clause 13. – TRAINEESHIPS:

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

(c) “Traineeship Training Contract” means the agreement between the Employer and the trainee that provides details of the traineeship and obligations of the Employer and the trainee and is registered with the Western Australian Department of Education and Training.

B. Delete subclauses (2) and (3) of this Clause and insert in lieu thereof the following:

(2) Traineeships

Trainees are to be additional to the normal workforce of the Employer so that trainees shall not replace paid workers or volunteers or reduce the hours worked by existing employees.

(3) Training Conditions

The arrangements between the Employer and the trainee in relation to the traineeship are as specified in the Traineeship Training Contract, as administered by the Western Australian Department of Education and Training. The trainee will be trained in accordance with the agreed Training Plan.

C. Delete subclause (4)(b) of this Clause and insert in lieu thereof the following:

(b) completion of the traineeship scheme will not guarantee the trainee future employment in the public sector, but the Employer will cooperate to assist the trainee to be placed in suitable employment, should a position arise;

11. Clause 14. – SALARIES: Delete subclause (5)(b) of this Clause and insert in lieu thereof the following:

(b) Salaries shall be paid by direct funds transfer to the credit of an account nominated by the employee at a bank, building society or credit union approved by the Employer.

12. Clause 16. – PURCHASED LEAVE – DEFERRED SALARY ARRANGEMENT:

A. Delete subclauses (1) and (2) of this Clause and insert in lieu thereof the following:

(1) With the written agreement of the Employer, an employee may elect to receive, over a four (4) year period, 80% of the salary they would otherwise be entitled to receive in accordance with this Award.

(2) The Employer will assess each application for deferred salary on its merits and give consideration to the personal circumstances of the employee seeking the leave.

B. Delete subclauses (6) and (7) of this Clause and insert in lieu thereof the following:

(6) The Employer will ensure that superannuation arrangements and taxation effects are fully explained to the employee by the relevant authority. The Employer will put any necessary arrangements into place.

(7) As an alternative to subclause (5) of this clause, and only by mutual agreement of the Employer and the employee, the provisions of the deferred arrangement may be varied subject to the following:

(a) the term of the arrangement will not extend beyond that contemplated by this clause,

(b) the variation will not result in any consequential monetary or related gain or loss to either the Employer or the employee, and

(c) the percentage of salary to apply during the 12 months leave as specified in subclause 3 of this clause will be calculated as 80% of the average ordinary prescribed hours worked over the previous four years.

13. Clause 17. – SALARY PACKAGING ARRANGEMENT:

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

(1) An employee may, by agreement with the Employer, enter into a salary packaging arrangement in accordance with this clause and Australian Taxation Office requirements.

B. Delete subclause (4) of this Clause and insert in lieu thereof the following:

(4) Where an employee enters into a salary packaging arrangement the employee will be required to enter into a separate written agreement with the Employer setting out the terms and conditions of the salary packaging arrangement.

14. Clause 19. – DISTRICT ALLOWANCE:

A. Delete subclause (8) of this Clause and insert in lieu thereof the following:

(8) When an employee leaves his or her district on duty, payment of any district allowance to which the employee would ordinarily be entitled shall cease after the expiration of two (2) weeks unless the employee's dependant/s or partial dependant/s remain in the district or as otherwise approved by the Employer.

B. Delete subclause (11) of this Clause and insert in lieu thereof the following:

(11) When an employee is provided with free board and lodging by the Employer the allowance shall be reduced to two-thirds of the allowance the employee would ordinarily be entitled to under this clause.

15. Clause 20. – DISTURBANCE ALLOWANCE: Delete subclause (1) of this Clause and insert in lieu thereof the following:

(1) Where an employee is transferred and incurs expenses in the areas referred to in subclause (2) of this clause as a result of that transfer, then the employee shall be granted a disturbance allowance and shall be reimbursed by the Employer the actual expenditure incurred upon production of receipts or such other evidence as may be required.

16. Clause 21. – HIGHER DUTIES ALLOWANCE:

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

(1) Subject to subclause (2) of this clause an employee who is directed by the Employer to act in an office which is classified higher than the employee’s own substantive office and who performs the full duties and accepts the full responsibility of the higher office for a continuous period of five (5) consecutive working days or more, shall, subject to the provisions of this clause, be paid an allowance equal to the difference between the employee’s own salary and the salary the employee would receive if the employee was permanently appointed to the office in which the employee is so directed to act.

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

(3) Where the full duties of a higher office are temporarily performed by two (2) or more employees they shall each be paid an allowance as determined by the Employer.

17. Clause 22. – MOTOR VEHICLE ALLOWANCE:

A. Delete subclause (2)(a) of this Clause and insert in lieu thereof the following:

(2) (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 shall be reimbursed in accordance with the appropriate rates set out in Part 1 of Schedule C – Motor Vehicle Allowance of this Award for journeys travelled on official business and approved by the Employer or an authorised employee.

B. Delete subclause (2)(b)(vi) of this Clause and insert in lieu thereof the following:

(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) months’ written notice of the intention so to do shall be given to the employee concerned.

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

(3) (a) Subject to subclause (2) of this clause, an employee who is not normally required to supply and maintain a motor vehicle as a term of employment and who is required to relieve an employee required to supply and maintain a motor vehicle as a term of employment shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part 1 of Schedule C – 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 duty.

D. Delete subclause (4)(a) of this Clause and insert in lieu thereof the following:

(4) (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 shall for journeys travelled on official business approved by the Employer be reimbursed all expenses incurred in accordance with the appropriate rates set out in Parts 2 and 3 of Schedule C – Motor Vehicle Allowance.

E. Delete subclause (5) of this Clause and insert in lieu thereof the following:

(5) Allowance for towing the Employer’s caravan or trailer.

In cases where employees are required to tow the Employer’s caravans on official business, the additional rate shall be 10.00 cents per kilometre. When the Employer’s trailers are towed on official business the additional rate shall be 4.5 cents per kilometre.

18. Clause 23. – RELIEVING ALLOWANCE:

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

(ii) For periods in excess of 42 days after arrival in the new locality reimbursement shall be in accordance with the rates prescribed in Column B, Items 4 to 8 of Schedule D – Travelling, Transfer and Relieving Allowance for employees with dependants or Column C, Items 4 to 8 of Schedule D – Travelling, Transfer and Relieving Allowance for employees without dependants: Provided that the period of reimbursement under this subclause shall not exceed forty-nine days without the approval of the Employer.

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

(3) When an employee, who is required to relieve or perform special duties in accordance with subclause (1) of this clause is authorised by the Employer to travel to the new locality in the employee's own motor vehicle such employee shall be reimbursed for the return journey as follows:

(a) An employee who is required to supply and maintain a motor vehicle as a term of employment for the period of relieving or special duties shall be reimbursed the appropriate rate prescribed by subclause (2) of Clause 22 – Motor Vehicle Allowance of this Award for the distance necessarily travelled.

(b) Where the employee will not be required to maintain a motor vehicle for the performance of the relieving or special duties reimbursement shall be on the basis of one half of the appropriate rate prescribed by subclause (4) of Clause 22 – Motor Vehicle Allowance of this Award. Provided that the maximum amount of reimbursement shall not exceed the cost of the fare by public conveyance which otherwise would be utilised for such return journey.

C. Delete subclause (4) of this Clause and insert in lieu thereof the following:

(4) 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 shall be determined by the Employer.

19. Clause 24. – REMOVAL ALLOWANCE:

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

(b) The actual cost (including insurance) of the conveyance of an employee's household furniture effects and appliances up to a maximum volume of 45 cubic metres provided that a larger volume may be approved by the Employer in special cases.

(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. 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.

B. Delete subclauses (2), (3), (4), (5) and (6) of this Clause and insert in lieu thereof the following:

(2) An employee who is transferred solely at their own request or on account of misconduct must bear the whole cost of removal unless otherwise determined by the Employer prior to removal.

(3) An employee shall be reimbursed the full freight charges necessarily incurred in respect of the removal of the employee's motor vehicle. If authorised by the Employer to travel to a new locality in the employee's own motor vehicle, reimbursement shall be as follows:

(a) Where the employee will be required to maintain a motor vehicle for use on official business at the new headquarters, reimbursement for the distance necessarily travelled shall be on the basis of the appropriate rate prescribed by subclause (2) of Clause 22 - Motor Vehicle Allowance of this Award.

(b) Where the employee will not be required to maintain a motor vehicle for use on official business at the new headquarters, reimbursement for the distance necessarily travelled shall be on the basis of one half (½) of the appropriate rate prescribed by subclause (3) of Clause 22. - Motor Vehicle Allowance of this Award.

(c) 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 shall be deemed to be part of the removal costs.

(d) 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.

(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.

(4) The employee shall, before removal is undertaken obtain quotes from at least two carriers which shall be submitted to the Employer, who may authorise the acceptance of the more suitable: Provided that payment for a volume amount beyond 45 cubic metres shall not occur without the prior written approval of the Employer.

(5) The Employer may, in lieu of conveyance, authorise payment to compensate for any loss in any case where an employee, with prior approval of the Employer, disposes of their household furniture effects and appliances instead of removing them to the new headquarters: Provided that such payments shall not exceed the sum which would have been paid if the employee's household furniture effects and appliances had been removed by the cheapest method of transport available and the volume was 45 cubic metres.

(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.

C. Delete subclauses (8), (9) and (10) of this Clause and insert in lieu thereof the following:

(8) New appointees to the Employer shall be entitled to receive the benefits of this clause if they are required by the Employer to participate in any training course prior to being posted to their respective positions in the service. This entitlement shall only be available to employees who have completed their training and who incur costs when moving to their first posting.

(9) The Employer may agree to provide removal assistance greater than specified in this award and if in that event that the employee to whom the benefit is granted elects to leave the position, on a permanent basis, within twelve months, the Employer may require the employee to repay the additional removal assistance on a pro rata basis. Repayment can be deducted from any monies due to the employee.

(10) For the purposes of subclause (9) of this clause, “elects to leave the position,” means the employee freely chooses to leave the position in the ordinary course of promotion, transfer or resignation and this necessitates the Employer obtaining a replacement employee.

20. Clause 25. – PART‑TIME/CASUAL SLEEPOVER ALLOWANCE: Delete subclause (4) of this Clause and insert in lieu thereof the following:

(4) An overnight sleepover allowance of $51.45 will be paid with effect from the first pay period on or after registration of this Award, to those employed on a casual or part-time basis to fulfil the duties of a sleepover. This allowance shall be paid on top of the hourly payment provided for work prior to and following the sleepover. The Sleepover Allowance in this Award shall be adjusted administratively every twelve months, effective from the first pay period to commence on or after the first day of July in each year, in accordance with the official All Groups Consumer Price Index (CPI) for Perth, as published for the preceding twelve months at the end of the March quarter by the Australian Bureau of Statistics.

21. Clause 26. – TRANSFER ALLOWANCE:

A. Delete subclauses (2), (3) and (4) of this Clause and insert in lieu thereof the following:

(2) Prior to the payment of an allowance specified in subclause (1) of this clause, the Employer shall:

(a) require the employee to certify that permanent accommodation has not been arranged or is not available from the date of transfer. In the event that permanent accommodation is to be immediately available, no allowance is payable; and

(b) require the employee to advise the Employer that should permanent accommodation be arranged or become available within the prescribed allowance periods, the employee shall refund a pro rata amount of the allowance for that period the occupancy in permanent accommodation takes place prior to the completion of the prescribed allowance periods.

Provided also that should an occupancy date which falls within the specified allowance periods be notified to the Employer prior to the employee's transfer, the payment of a pro rata amount of the allowance should be made in lieu of the full amount.

(3) If an employee is unable to obtain reasonable accommodation for the transfer of the employee's home within the prescribed period referred to in subclause (1) of this clause and the Employer is satisfied that the employee has taken all possible steps to secure reasonable accommodation, such employee shall, after the expiration of the prescribed period to be paid in accordance with the rates prescribed by Column B, Items 4, 5, 6, 7 or 8 of Schedule D. – Travelling, Transfer and Relieving Allowance as the case may require, until such time as reasonable accommodation has been secured: Provided that the period of reimbursement under this subclause shall not exceed 77 days without approval of the Employer.

(4) When 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 by an employee on transfer, an appropriate rate of reimbursement shall be determined by the Employer.

B. Delete subclause (5)(b) of this Clause and insert in lieu thereof the following:

(b) if any costs are incurred under subclause (2) of Clause 20. – Disturbance Allowance of this Award, they shall be reimbursed by the Employer.

22. Clause 27. – TRAVELLING ALLOWANCE:

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

(6) When it can be shown to the satisfaction of the Employer by the production of receipts that reimbursement in accordance with Schedule D. - Travelling, Transfer and Relieving Allowance does not cover an employee's reasonable expenses for a whole trip the employee shall be reimbursed the excess expenditure.             
 

B. Delete subclause (10) of this Clause and insert in lieu thereof the following:

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

23. Clause 28. – ANNUAL LEAVE:

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

(3) Annual leave must be taken between the end of the school year and one (1) week prior to the commencement of the following school year, unless otherwise agreed between the Employer and the employee.

B. Delete subclause (5) of this Clause and insert in lieu thereof the following:

(5) On application to the Employer, a lump sum payment for money equivalent of any accrued annual leave and/or pro rata annual leave shall be made to an employee who retires, resigns, is retired or in respect of an employee who dies. Accrued annual leave shall be paid to an employee who is dismissed, unless the misconduct for which the employee has been dismissed occurred prior to the completion of the qualifying period. Pro rata annual leave shall not be paid to an employee who is dismissed.

24. Clause 30. – LONG SERVICE LEAVE:

A. Delete subclause (4)(a) of this Clause and insert in lieu thereof the following:

(a) any period exceeding two (2) weeks during which the employee is absent on leave without pay or parental leave, unless the Employer determines otherwise.

B. Delete subclause (5) of this Clause and insert in lieu thereof the following:

(5) Long service leave shall be taken in a single block such that employees return to work at the commencement of a school term. Other arrangements may be made subject to agreement between the Employer and the employee. Subject to the Employer's convenience, the Employer may approve the employee's application to take a complete entitlement of long service leave on full pay or half pay.

C. Delete subclauses (7)(a) and (7)(b) of this Clause and insert in lieu thereof the following:

(7) (a) Long service leave shall be taken within three (3) years of it becoming due, at the convenience of the Employer. Provided that the Employer may approve the deferment of long service leave in exceptional circumstances. Provided further that such exceptional circumstances shall include retirement within five (5) years of the date of entitlement.

(b) Approval to defer the taking of long service leave may be withdrawn or varied at any time by the Employer giving the employee notice in writing of the withdrawal or variation.

D. Delete subclause (8) of this Clause and insert in lieu thereof the following:

(8) On application to the Employer a lump sum payment for the money equivalent of any:

(a) long service leave entitlement for continuous service as provided in subclause (1) and subclause.(2) of this clause shall be made to an employee who resigns, retires, is retired or is dismissed or in respect of an employee who dies;

(b) pro rata long service leave based on continuous service of a lesser period than that provided in subclause (1) and subclause (2) of this clause for a long service leave entitlement shall be made –

(i) to an employee who retires at or over the age of 55 years or who is retired on the grounds of ill health, if the employee has completed not less than 12 months' continuous service before the date of retirement;

(ii) to an employee who, not having resigned, is retired by the Employer for any other cause, if the employee has completed not less than three (3) years' continuous service before the date of retirement; or

(iii) in respect of an employee who dies, if the employee has completed not less than 12 months' continuous service before the date of death;

(c) in the case of a deceased employee, payment shall be made to the estate of the employee unless the employee is survived by a legal dependant approved by the Employer, in which case payment shall be made to the legal dependant.

E. Delete subclause (12)(a) of this Clause and insert in lieu thereof the following:

(a) Employees may by agreement with the Employer, cash out any portion of an accrued entitlement to long service leave.

F. Delete subclause (13)(a) of this Clause and insert in lieu thereof the following:

(a) Employees may by agreement with the Employer, access any portion of an accrued entitlement to long service leave on double pay for half the period accrued. In these circumstances the leave actually taken is 50 percent of the accrued entitlement accessed.

G. Delete subclause (14)(a) of this Clause and insert in lieu thereof the following:

(a) Employees within seven (7) years of their preservation age under Western Australian Government superannuation arrangements may, by agreement with the Employer, choose to access pro rata long service leave at the rate of 9.28 days per completed 12 month period of continuous service. Under this subclause, pro rata long service leave can only be taken as paid leave and there is no capacity for payment in lieu of leave.

H. Delete subclauses (15)(a) and (15)(b) of this Clause insert in lieu thereof the following:

(a) Where an employee was, immediately prior to being employed in the Employer, employed in the service of:

The Commonwealth of Australia,

or Any other State Government of Australia, or

Any other Western Australian State body or statutory authority,

and the period between the date when the employee ceased previous employment and the date of commencing employment with the Employer does not exceed one (1) week, that employee shall be entitled to long service leave determined in the following manner:

(i) the pro rata portion of long service leave to which the employee would have been entitled up to the date of appointment, shall be calculated in accordance with the provisions that applied to the previous employment referred to, but in calculating that period of pro rata long service leave, any long service leave taken or any benefit granted in lieu of any such long service leave during that employment shall be deducted from any long service leave to which the employee may become entitled under this clause; and

(ii) the balance of the long service leave entitlement of the employee shall be calculated upon appointment to the Employer in accordance with the provisions of this clause.

(b) Nothing in this clause confers or shall be deemed to confer on any employee previously employed by the Commonwealth or by any other State of Australia any entitlement to a complete period of long service leave that accrued in the employee’s favour prior to the date on which the employee commenced employment with the Employer.

I. Delete subclause (16) of this Clause and insert in lieu thereof the following:

(16) Subject to having first cleared all other available leave, and subject to the operational requirements and approval of the Employer, an employee may clear any accrued entitlement to long service leave in minimum periods of one (1) day.

25. Clause 31. – SICK LEAVE:

A. Delete subclauses (2) and (3) of this Clause and insert in lieu thereof the following:

(2) In the case of personal illness or injury of an employee the Employer shall grant the employee leave of absence in accordance with the provisions contained in this clause.

(3) An employee applying for sick leave shall apply on the form approved by the Employer and shall indicate on the application in respect of which the leave is sought, unless it is of a confidential nature in which case the employee shall advise the Executive Director, Public Health and Scientific Support Services under confidential cover of the nature of the illness and shall indicate on the application that such action has been taken.

B. Delete subclauses (9) and (10) of this Clause and insert in lieu thereof the following:

(9) Where the Employer has occasion to doubt the cause of illness or the reason for the absence the Employer may arrange for a registered medical practitioner to visit and examine the employee or may direct the employee to attend the registered medical practitioner for examination. If the report of the medical practitioner does not confirm that the employee is ill or if the employee is not available for examination at the time of the visit of the medical practitioner or if the employee fails, without reasonable cause to attend the medical practitioner when directed to do so, the fee payable for the examination, appointment or visit shall be paid by the employee.

(10) Where an employee is ill during the period of annual leave for a period of at least seven (7) consecutive calendar days; or long service leave for a period of at least 14 consecutive calendar days and produces at the time or as soon as possible thereafter medical evidence satisfactory to the Employer that the employee is or was as a result of the illness confined to the employee's place of residence or a hospital, the Employer may grant sick leave for the period during which the employee was so confined and reinstate annual or long service leave equivalent to the period of confinement.

C. Delete subclause (15) of this Clause and insert in lieu thereof the following:

(15) Where an employee who has been retired on medical grounds resumes duty, sick leave credits at the date of retirement shall be reinstated.

(a) If the Employer has reason to believe that an employee is in such a state of health as to render him a danger to fellow employees or the public, the Employer may require the employee to obtain and furnish a report as to the employee's condition from a registered medical practitioner or may require the employee to submit him/herself for examination by a medical practitioner nominated by the Employer. The fee for any such examination shall be paid by the Employer;

(b) Upon receipt of the medical report, the Employer may direct the employee to be absent from duty for a specified period or, if already on leave of absence, direct the employee to continue on leave for a specified period. Such leave shall be regarded as sick leave.

D. Delete subclause (19) of this Clause and insert in lieu thereof the following:

(19) Portability

(a) Where an employee was, immediately prior to being employed with the Employer, employed in the service of the public sector of Western Australia or any other State body of Western Australia and the period between the date when the employee ceased previous employment and the date of commencing employment in the Employer does not exceed one (1) week or such other period as approved by the Employer, the Employer may credit that employee additional sick leave credits up to those held at the date the employee ceased previous employment.

26. Clause 32. – SHORT LEAVE: Delete subclauses (1) and (2) of this Clause and insert in lieu thereof the following:

(1) The Employer may, upon sufficient cause being shown, grant an employee leave granted shall not exceed, in the aggregate, three (3) working days in any one (1) calendar year.

(2) An employee who desires short leave shall, except in emergency situations, make written application in a form approved by the Employer for the purpose, prior to the commencement of such leave.

27. Clause 33. – CARERS LEAVE: Delete subclauses (2) and (3) of this Clause and insert in lieu thereof the following:

(2) Employees shall, wherever practical, give the Employer notice of the intention to take carer's leave and the estimated length of absence. If it is not practicable to give prior notice of absence employees shall notify the Employer as soon as possible on the first day of absence.

(3) Employees shall provide, where required by the Employer, evidence to establish the requirement to take carer’s leave. An application for carer’s leave exceeding two (2) consecutive working days shall be supported by a certificate from a registered medical practitioner or registered dentist.

28. Clause 35. – BEREAVEMENT LEAVE:

A. Delete subclause (4) of this Clause and insert in lieu thereof the following:

(4) Payment of such leave may be subject to the employee providing evidence of the death or relationship to the deceased, satisfactory to the Employer.

B. Delete subclauses (6)(a) and (6)(b) of this Clause and insert in lieu thereof the following:

(a) Subject to prior approval from the Employer, an employee entitled to bereavement leave and who, as a result of such bereavement, travels to a location within Western Australia that is more than 240 km from their workplace will be granted paid time off for the travel period undertaken in the employee's ordinary working hours up to a maximum of 15 hours per bereavement. The Employer will not unreasonably withhold approval.

(b) The Employer may approve additional paid travel time within Western Australia where the employee can demonstrate to the satisfaction of the Employer that more than two days travel time is warranted.

29. Clause 37. – CULTURAL/CEREMONIAL LEAVE:

A. Delete subclauses (3), (4) and (5) of this Clause and insert in lieu thereof the following:

(3) Employees are entitled to time off without loss of pay for cultural/ceremonial purposes, subject to agreement between the Employer and employee and sufficient leave credits being available.

(4) The Employer will assess each application for ceremonial/cultural leave on its merits and give consideration to the personal circumstances of the employee seeking the leave.

(5) The Employer may request reasonable evidence of the legitimate need for the employee to be allowed time off.

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

(7) Time off without pay may be granted by arrangement between the Employer and the employee for cultural/ceremonial purposes.

30. Clause 38. – EMERGENCY SERVICE LEAVE: Delete subclauses (1) and (2) of this Clause and insert in lieu thereof the following:

(1) Subject to operational requirements, paid leave of absence shall be granted by the Employer to an employee who is an active volunteer member of State Emergency Service Units, St John Ambulance Brigade, Volunteer Fire and Rescue Service Brigades, Bush Fire Brigades, Volunteer Marine Rescue Service or FESA Units, in order to allow for attendances at emergencies as declared by the recognised authority.

(2) The Employer shall be advised as soon as possible by the employee, the emergency service, or other person as to the absence and, where possible, the expected duration of leave.

31. Clause 39. – LEAVE WITHOUT PAY:

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

(1) Subject to the provisions of subclauses (2) and (3) of this clause, the Employer may grant an employee leave without pay for any period and is responsible for that employee on their return.

B. Delete subclause (2)(a) of this Clause and insert in lieu thereof the following:

(a) The work of the Employer is not inconvenienced; and

32. Clause 40. – DEFENCE FORCE RESERVES LEAVE:

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

(1) The Employer must grant leave of absence for the purpose of Defence service to an employee who is a volunteer member of the Defence Force Reserves or the Cadet Force. Defence service means service, including training, in a part of the Reserves or Cadet Force.

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

(3) Application for leave of absence for Defence service shall, in all cases, be accompanied by evidence of the necessity for attendance. At the expiration of the leave of absence granted, the employee shall provide a certificate of attendance to the Employer.

C. Delete subclause (6)(b) and insert in lieu thereof the following:

(b) The Employer cannot compel an employee to use annual leave or long service leave for the purpose of Defence service.

33. Clause 41. – PARENTAL LEAVE:

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

(1) Definitions

“Employee” includes full time, part time, permanent and fixed term contract employees.

“Partner” means a person who is a spouse or de facto partner.

“Primary Care Giver” is the employee who will assume the principal role for the care and attention of a child/children. The Employer may require confirmation of primary care giver status.

“Public sector” means an employing authority as defined in Section 5 of the Public Sector Management Act 1994.

“Replacement Employee” is an employee specifically engaged to replace an employee proceeding on parental leave.

B. Delete subclause (2)(g) of this Clause and insert in lieu thereof the following:

(g) Parental leave may only be taken concurrently by an employee and his or her partner as provided for in subclause (3) or under special circumstances with the approval of the Employer.

C. Delete subclause (4)(a) of this Clause and insert in lieu thereof the following:

(a) An employee shall provide the Employer with a medical certificate from a registered medical practitioner naming the employee, or the employee's partner confirming the pregnancy and the estimated date of birth.

D. Delete subclauses (6)(c) and (6)(d) of this Clause and insert in lieu thereof the following:

(c) The Employer shall only refuse such a request on reasonable grounds related to the effect on the workplace or the Employer’s business. Such grounds might include:

(i) cost;

(ii) lack of adequate replacement staff;

(iii) loss of efficiency; and

(iv) the impact on customer service.

(d) Any period of leave without pay must be applied for and approved in advance and will be granted on a year‑by‑year basis. Where both partners work for the Employer the total combined period of leave without pay following parental leave will not exceed two (2) years.

E. Delete subclause (7)(a) of this Clause and insert in lieu thereof the following:

(a) An employee shall give not less than four (4) weeks’ notice in writing to the Employer of the date the employee proposes to commence paid or unpaid parental leave stating the period of leave to be taken.

F. Delete subclauses (9)(a), (9)(b) and (9)(c) of this Clause and insert in lieu thereof the following:

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer shall take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

(b) The employee shall take reasonable steps to inform the Employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to return to work on a part-time basis.

(c) The employee shall also notify the Employer of changes of address or other contact details which might affect the Employer’s capacity to comply with paragraph (9)(a).

G. Delete subclause (10) of this Clause and insert in lieu thereof the following:

(10) Replacement Employee Prior to engaging a replacement employee the Employer shall inform the person of the temporary nature of the employment and the entitlements relating to the return to work of the employee on parental leave.

H. Delete subclause (11)(a) of this Clause and insert in lieu thereof the following:

(a) An employee shall confirm the intention to return to work by notice in writing to the Employer not less than four (4) weeks prior to the expiration of parental leave.

I. Delete subclause (12)(e) of this Clause and insert in lieu thereof the following:

(e) The Employer shall not terminate the employment of an employee on the grounds of the employee’s application for parental leave or absence on parental leave but otherwise the rights of the Employer in respect of termination of employment are not affected.

34. Clause 42. – STUDY ASSISTANCE:

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

(1) (a) To ensure the maintenance of a trained public sector the Employer may provide an employee with paid study leave and/or financial assistance for study purposes in accordance with the provisions of this clause.

(b) Employees are not eligible for study assistance if they have previously received study assistance for an approved course from the Employer. Further study assistance towards additional qualifications may, however, be granted in special cases, at the discretion of the Employer.

B. Delete subclause (2)(a) of this Clause and insert in lieu thereof the following:

(a) An employee may be granted time off with pay for study purposes at the discretion of the Employer.

C. Delete subclause (2)(b)(vi) of this Clause and insert in lieu thereof the following:

(vi) the Employer's discretion when the course is only relevant to the employee's career in the service and being of value to the State.

D. Delete subclauses (2)(f) and (2)(l) of this Clause and insert in lieu thereof the following:

(f) Where an employee is undertaking approved study via distance education and/or is not required to attend formal classes, the Employer may allow the employee to access study leave up to the maximum annual amount allowed in paragraph (d) of subclause (2) of this clause.

(l) An employee shall not be granted more than 5 hours’ time off with pay per week except in exceptional circumstances where the Employer may decide otherwise.

E. Delete subclauses (3)(a) and (3)(c) of this Clause and insert in lieu thereof the following:

(a) The Employer may reimburse an employee for the full or any part of any reasonable cost of enrolment fees, Higher Education Contribution Surcharge, compulsory text books, compulsory computer software and other necessary study materials for studies commenced during their employment.

(c) The Employer and employee may agree to alternative reimbursement arrangements.

F. Delete subclauses (6)(a), (6)(d), (6)(e), (6)(g), (6)(h) and (6)(i) of this Clause and insert in lieu thereof the following:

(a) Subject to the provisions of paragraph (b) of subclause (6) of this clause, the Employer may grant an employee full time study leave with pay to undertake:

(d) Where an outside award is granted and the studies to be undertaken are considered highly desirable by the Employer, financial assistance to the extent of the difference between the employee's normal salary and the value of the award may be considered. Where no outside award is granted and where a request meets all the necessary criteria then part or full payment of salary may be approved at the discretion of the Employer.

(e) The Employer supports recipients of coveted awards and fellowships by providing study leave with pay. Recipients normally receive as part of the award or fellowship; return airfares, payment of fees, allowance for books, accommodation or a contribution towards accommodation.

(g) Where the Employer approves full time study leave with pay the actual salary contribution forms part of the agency's approved average staffing level funding allocation. The Employer should bear this in mind if considering temporary relief.

(h) Where study leave with pay is approved and the Employer also supports the payment of transit costs and/or an accommodation allowance, the Employer will gain approval for the transit and accommodation costs as required.

(i) Where employees travelling overseas at their own expense wish to participate in a study tour or convention whilst on tour, study leave with pay may be approved by the Employer together with some local transit and accommodation expenses providing it meets the requirements of paragraph (b) of subclause (6) of this clause. Each case is to be considered on its merits.

35. Clause 44. – CONSULTATION: Delete subclauses (1), (2) and (3) of this Clause and insert in lieu thereof the following:

(1) The parties recognise the need for effective communication to improve the business/operational performance and working environment in the Employer.

(2) The parties acknowledge that decisions will continue to be made by the Employer who is responsible and accountable to Government for the effective and efficient operation of the Employer.

(3) The parties agree that:

(a) where the Employer proposes to make changes likely to affect existing practices, working conditions or employment prospects of employees, the union and employees affected shall be notified by the Employer as early as possible;

(b) for the purposes of discussion the Employer shall provide to the employees concerned relevant information about the changes, including the effect of the changes on employees, provided the Employer shall not be required to disclose any information that is confidential; and

(c) in the context of discussions the Union and employees are able to contribute to the decision making process.

36. Clause 45. – DISPUTE SETTLEMENT PROCEDURE: Delete subclauses (4) and (5) of this Clause and insert in lieu thereof the following:

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

(5) Where the dispute cannot be resolved within five (5) working days of the Union representatives’ referral of the dispute to the Employer or his/her nominee, either party may refer the matter to the WAIRC.

37. Clause 46. – LEAVE TO ATTEND UNION BUSINESS:

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

(c) when prior agreement between the Union and the Employer has been reached for the employee to attend official Union meetings preliminary to negotiations or industrial hearings; and

B. Delete subclauses (2) and (3) of this Clause and insert in lieu thereof the following:

(2) The granting of leave is subject to the Employer’s convenience and shall 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 shall not be liable for any expenses associated with an employee attending to Union business.

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

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

38. Clause 47. – RIGHT OF ENTRY AND INSPECTION BY AUTHORISED REPRESENTATIVES: Delete subclause (2) of this Clause and insert in lieu thereof the following:

(2) An authorised representative is not entitled to exercise his or her power of entry and inspection under the Industrial Relations Act 1979, as amended, unless the authorised representative has given the Employer at least 24 hours written notice.

39. Clause 48. – TRADE UNION TRAINING LEAVE:

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

(1) Subject to the Employer’s convenience, paid leave of absence shall be granted by the Director to employees who are nominated by their Union to attend short courses relevant to the public sector, or the role of Union workplace representatives, conducted by the Union.

B. Delete subclause (4)(a) of this Clause and insert in lieu thereof the following:

(4) (a) Any application by an employee shall be submitted to the Employer for approval at least four (4) weeks before the commencement of the course unless the Director agrees otherwise.

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

(6) The Employer shall not be liable for any expenses associated with an employee’s attendance at trade union training courses.

40. Clause 49. – UNION FACILITIES FOR UNION REPRESENTATIVES: Delete this Clause and insert in lieu thereof the following:

49. – UNION 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 workplace 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 agency.

(3) The Employer will recognise Union representatives in the workplace and will allow them to carry out their role and functions.

(4) The Union will advise the Employer in writing 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, involvement in the electorate delegates committee and to attend Union business in accordance with Clause 46. – 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 in accordance with normal Employer protocols.

(c) Paid access to periods of leave for the purpose of attending Union training courses in accordance with Clause 48. – Trade Union Training Leave of this Award. Country 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 to them.

(e) Access to awards, 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 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.

41. Insert a new Clause 50. – REPRESENTATION RIGHTS as follows:

50. – REPRESENTATION RIGHTS

Employee 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 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 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 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.

42. Clause 50. – ACCESS TO INFORMATION AND RESOURCES: Delete this Clause and insert in lieu thereof the following:

51. – ACCESS TO INFORMATION AND RESOURCES

(1) The parties recognise that information technology resources have major implications for industrial and human resource functions within the workplace.

(2) The Employer recognises the need to provide appropriate information to all employees, so it is accessible in the workplace in either electronic or hard copy format.

(2) The Employer recognises the need to provide appropriate information to all employees, so it is accessible in the workplace in either electronic or hard copy format.

(3) Where the Employer utilises information technology as the means of communicating to employees, the Employer must ensure that where employees do not have access to technology, then alternative methods of providing this information will be used.

43. Clause 51. – COPIES OF THE AWARD: Delete this Clause and insert in lieu thereof the following:

52. – COPIES OF THE AWARD

The employee shall be entitled to have access to a copy of the Award. The Employer shall make sufficient copies available for this purpose.

44. Clause 52. – PARTIES TO THE AWARD: Delete this Clause and insert in lieu thereof the following:

53. – PARTIES TO THE AWARD

Department of Education

and

The Civil Service Association of Western Australia Incorporated