GOVERNMENT OFFICERS SALARIES, ALLOWANCES AND CONDITIONS AWARD 1989

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated and others

APPLICANTS

-v-

(Not applicable)

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Commissioner S J Kenner

DATE TUESDAY, 28 JUNE 2011

FILE NO/S P 3 OF 2011

CITATION NO. 2011 WAIRC 00444

Result Award varied

Representation

Civil Service Association of Western Australia Ms J O’Keefe and with her Ms J Gaines

Employer Parties   Mr M Hammond as agent

Order

HAVING heard Ms J O’Keefe on behalf of The Civil Service Association of Western Australia Incorporated and Mr M Hammond as agent of the employer parties and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –

THAT the Government Officers Salaries, Allowances and Conditions Award 1989 be varied in accordance with the following schedule and that such variation shall have effect from the first pay period on or after the date of this order.

Commissioner S J Kenner

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1.  Clause 18. - Annual Increments:  Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:

(1) Officers shall proceed to the maximum of their salary range by annual increments, after 12 months continuous service at each increment point, unless there is an adverse report on the officer’s performance or conduct which recommends the non-payment of an annual increment.

(2) The following process shall apply where a report on an officer’s performance or conduct recommends the non-payment of an annual increment:

(a) The officer will be shown the report prior to completing 12 months continuous service since their last incremental advance.

(b) The officer will be provided with an opportunity to comment in writing.

(c)  The officer’s comments will be considered immediately by the employer and a decision made as to whether to approve the payment of the increment or withhold payment for a specific period.

(d) Where the increment is withheld, the employer before the expiry of the specified period will complete a further report and the above provisions will apply.

2. Clause 23. – Annual Leave:  Delete subclause (8) of this clause and insert the following in lieu thereof:

(8) (a) (i) Officers and their dependants proceeding on annual leave to either Perth or Geraldton from headquarters situated in areas 3, 4, 5 and 6, as defined in Clause 42. - District Allowance, of this Award, shall be entitled to the concessions contained in Schedule M – Travel Concessions for Annual Leave of this Award; provided that the officer has at least 12 months service in these areas.

(ii) An officer who has less than 12 months service in the abovementioned areas and who is required to proceed on annual leave to suit departmental convenience shall be entitled to the concessions.  The concession may also be given to an officer who proceeds on annual leave before completing the 12 months service provided that the officer returns to the area to complete the 12 months service at the expiration of the period of leave.

(iii) Only one annual leave travel concession per employee or dependant per annum is available.

(iv) The mode of travel is to be at the discretion of the employer.

(v) Travel concessions not utilised within 12 months of becoming due will lapse.

(b) Where officers are entitled to a travel concession under clause 23 (8) and the employees’ headquarters are situated in District Allowance Areas 3, 4, 5 or 6, as defined by clause 43. – District Allowance this Award, a travel concession covering the cost of airfares or motor vehicle allowance up to a maximum amount equivalent to the value of a return fully flexible and refundable airfare to Perth will be provided for each employee and each of their dependants when proceeding on annual leave to a location other than Perth or Geraldton.

(c) Officers, other than those designated in paragraph (a) of subclause (8) of this clause, whose headquarters are situated two hundred and forty kilometres or more from Perth General Post Office and who travel to Perth for their annual leave may be granted by the employer reasonable travelling time to enable them to complete the return journey.

(d) (i) An officer of the Western Australian Tourism Commission who was recruited in Perth and is serving in another State shall receive return economy class air fares or equivalent for spouse and dependants from branch office to Perth and return annually for the purpose of annual leave, providing the period taken is not less than ten (10) working days.  The provision of airfares is not cumulative from one year to the next.

(ii) The mode of transport to be at the discretion of the officer provided that reimbursement is not above the maximum cost of the air fares.

(e) For the purposes of determining eligibility for Annual Leave Travel Concession, a dependant shall mean:

(i)                   a partner; and/or

(ii)                   any child who relies on the officer for their main financial support; 

who does not have an equivalent entitlement of any kind.

(f) For the purposes of the definitions at paragraph (e) of this subclause, a child will be considered to rely on the officer for their main financial support where that child is in receipt of income of less than half the annualised WA minimum adult wage as at 30 June of the immediate past financial year, excluding income from a disability support pension.

3. Clause 32. – Bereavement Leave:  Delete subclause (1) of this clause insert the following in lieu thereof:

(1) Officers including casuals shall on the death of:

(a) the spouse or de-facto partner of the officer;

(b) the child, step-child or grandchild of the officer (including an adult child, step-child or grandchild);

(c) the parent, step-parent or grandparent of the officer;

(d) the brother, sister, step brother or step sister; or

(e) any other person who, immediately before that person's death, lived with the officer as a member of the officer's household;

be eligible for up to two (2) days paid bereavement leave, provided that at the request of an officer the employer may exercise a discretion to grant bereavement leave to an officer in respect of some other person with whom the officer has a special relationship.

4. Clause 41. – Camping Allowance: Delete paragraph (7) (b) of this clause and insert the following in lieu thereof:

(b) Any determination by an Employer under this subclause will be in accordance with Schedule F. – Clause 41. – Camping Allowance of this Award. 

5. Clause 47. – Property Allowance

A.  Delete paragraph (a) in the definition of “Expenses” in subclause (1) of this clause and insert the following in lieu thereof:

(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 shall be as set out in the Solicitors Cost Determination for non contentious business matters made under section 275 of the Legal Profession Act 2008;

B. Insert definition of “Transfer” or “Transferred” at the end of subclause (1) of this clause:

“Transfer” or “Transferred” means a permanent transfer or permanently transferred.

6. Schedule A. – List of Respondents:  Delete Schedule A and insert the following in lieu thereof:

SCHEDULE A – LIST OF RESPONDENTS

The employing authority of each of the following:

Animal Resources Authority

Botanic Gardens and Parks Authority

Builders’ Registration Board of Western Australia

Building and Construction Industry Training Board

Burswood Park Board

Central Institute of Technology

Challenger Institute of Technology

Commissioner of Main Roads Western Australia

Conservation Commission

Construction Industry Long Service Leave Payments Board

Country High School Hostels Authority

Curriculum Council of Western Australia

C.Y. O’Connor College of TAFE

Dental Health Services

Department for Child Protection

Department for Communities

Department of Agriculture and Food

Department of Environment & Conservation

Department of Education

Department of Training and Workforce Development

Disability Services Commission

Durack Institute of Technology

East Perth Redevelopment Authority

Fire and Emergency Services Authority of Western Australia

Forest Products Commission Western Australia

Great Southern Institute of Technology

Hairdressers Registration Board of WA

Keep Australia Beautiful Council

Kimberley TAFE

Legal Aid Western Australia

Lotteries Commission Western Australia

Metropolitan Cemeteries Board

National Trust of Australia (WA)

Nurses and Midwives Board of Western Australia

Office of the Information Commissioner

Painters’ Registration Board

Parliamentary Commissioner for Administrative Investigations (State Ombudsman)

Perth Market Authority

Pilbara TAFE

Polytechnic West

Potato Marketing Corporation of Western Australia (Western Potatoes)

Small Business Development Corporation

South West Regional College of TAFE

West Coast Institute of Training

The Hon. Premier, the Hon. Deputy Premier and all Ministers of the Crown in the right of the State of

Western Australia as they be from time to time.

Western Australian Alcohol and Drug Authority (Drug and Alcohol Office)

Western Australian College of Teaching

Western Australian Health Promotion Foundation

Western Australian Land Information Authority (Landgate)

Western Australian Sport Centre Trust

Western Australian Tourism Commission

Zoological Parks Authority

7. Schedule M. – Travel Concessions for Annual Leave:  Delete row (B) of Schedule M and insert the following in lieu thereof: