2008 WAIRC 01461
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMISSIONER, DEPARTMENT OF CORRECTIVE SERVICES
APPLICANT
-V-
WESTERN AUSTRALIAN PRISON OFFICERS' UNION OF WORKERS
RESPONDENT
CORAM COMMISSIONER S J KENNER
DATE WEDNESDAY, 1 OCTOBER
FILE NO/S C 23 OF 2008
CITATION NO. 2008 WAIRC 01461

Result Interim order issued
Representation
APPLICANT MS T BORWICK AND MR P GIBLETT

RESPONDENT MR J WELCH


Interim Order

HAVING heard Ms T Borwick and Mr P Giblett on behalf of the applicant and Mr J Welch on behalf of the respondent the Commission, pursuant to the powers conferred on it under s 44 (6)(ba) of the Industrial Relations Act 1979 hereby orders –

1. THAT there be a three month trial of the payment of additional overtime incentive payments commencing on 3 October 2008 in the terms as set out in schedule A to this order.

2. THAT the parties have liberty to apply on short notice.




COMMISSIONER S J KENNER



SCHEDULE A



C23 of 2008
WA Industrial Relations Commission
Section 44 proceedings

Commissioner Department of Corrective Services
v
Western Australian Prison Officers’ Union of Workers

Interim Order 2008 WAIRC 01395
Joint Outcomes Version

1. The parties met on Thursday 18 September 2008, in accordance with the decision and direction of Commissioner Kenner issued Friday 12 September 2008.

2. The following table jointly developed by the parties represents the matters discussed and their status at the conclusion of the meeting. This includes matters determined by the Commission in its decision of 12 September 2008. The matter under the heading “Nature of the Trial” was unable to be agreed and was subsequently determined by the Commission on 26 September 2008.

COMMENCEMENT DATE

The parties have agreed that a commencement date for a trial should be 3rd October 2008 on the basis that it is the first day of a pay period and the start of a new Roster.

TRIGGERS FOR THE TRIAL

The parties agree that the triggers for the trial will comprise two tests:
· The Muster Test – where the actual muster level is 5% or greater than the modified design capacity; and
· The Staffing Test – where a shortfall of 5% or greater exists in the agreed staffing level to deal with that actual muster. Then the prison enters the trial.

NATURE OF THE TRIAL

Prisons that qualify for the trigger test immediately prior to the commencement of the trial period will continue to receive the penalty rate for the three-month trial period. Any Prisons that qualify during the three month period being added to the trial for the remainder of the 12 weeks.

PARTICIPANTS IN THE TRIAL

The parties agreed that the trial will apply to ESG if the triggers are met at Bandyup, Hakea or Casuarina.
The parties agreed that the trial will apply to the Gatehouse staff if the triggers are met at Hakea or Casuarina.
The Department agreed to review the apparent anomaly at Wooroloo.

ADMINISTRATION OF PAYMENT

The incentive payment will be $129 per 12 hour shift.
The parties agreed to implement a pro rata payment for hours other than 12 hour shifts at $10.75 per hour.

FURTHER MEETINGS AND DISCUSSIONS

The parties acknowledge that further meetings will occur to consider

Monitoring & Measurement (success factors)

As the trial is for 3 months benchmark data for a corresponding period is to be sourced ( July – Sept 08) and the corresponding period in the 07/08 financial year.

Monitoring

A range of items such as:

· Details of number of overtime shifts available to maintain the normal operations of the prison

· Details of the number of shifts not covered

· Details of the number of officers (by rank) involved in covering the shifts.

· Details of the number of officers working double shifts

· Details of the number of shifts required to cover daily sick leave

· Number of hospital shifts

· Level of sick leave utilized.

· Costs of the trial

Success Factors

· A significant increase in the take up of overtime by staff that have worked little or no overtime in the past.

· Any other matters agreed between the parties

DATA to be collected at all prisons not just eligible prisons so as to gauge the effect on prisons not subject to the trial (to ensure they are not negatively affected by the trial).

Other Matters

Joint Department / WAPOU oversight of trial data (PCC).

Determine survey of prison officers as per WAIRC recommendation

For discussion.


Conclusion

3 The parties acknowledged the level of co operation and goodwill which had been exchanged at the meeting to reach common ground on most matters to move forward in the resolution of the dispute.