DEPARTMENT FOR COMMUNITY DEVELOPMENT (FAMILY RESOURCE WORKERS, WELFARE ASSISTANTS AND PARENT HELPERS) AWARD 1990

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Civil Service Association of Western Australia Incorporated, The Department For Child Protection, The Department for Communities

APPLICANTS

-v-

(Not applicable)

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Commissioner S J Kenner

DATE WEDNESDAY, 6 July 2011

FILE NO/S P 8 OF 2011

CITATION NO. 2011 WAIRC 00490

Result Award varied

Representation

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

Employer Parties  Ms J Symons as agent and with her Ms M Gillam as agent

Order

Having heard Ms J O’Keefe and with her Ms S Bhar on behalf of the Civil Service Association of Western Australian Incorporated and Ms J Symons and with her Ms M Gillam as agent on behalf 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 Department for Community Development (Family Resource Workers, Welfare Assistants and Parent Helpers) Award 1990 be varied in accordance with the following schedule and that such variation shall have effect on and from the date of this order.

Commissioner S J Kenner

PUBLIC SERVICE ARBITRATOR

SCHEDULE

1. Clause 15. – Annual Increments: Delete this clause and insert the following in lieu thereof:

15. - ANNUAL INCREMENTS

1) An employee 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 employee’s performance or conduct which recommends the non payment of an annual increment.

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

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

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

(c)  The employee'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.

(3) The non-payment of an increment will not change the normal anniversary date of any further increment payments.

(4) For the purposes of this clause "continuous service", except where an increment is payable according to age, shall not include:

(a) any period exceeding 14 calendar days during which an Employee is absent on leave without pay.  In the case of leave without pay which exceeds 14 calendar days the entire period of such leave without pay is excised in full;

(b) any period which exceeds six months in one continuous period during which an Employee is absent on workers' compensation.  Provided that only that portion of such continuous absence which exceeds six months shall not count as "continuous service";

(c) any period which exceeds three months in one continuous period during which an Employee is absent on sick leave without pay.  Provided that only that portion of such continuous absence which exceeds three months shall not count as "continuous service".

2. Clause 18. – Annual Leave: Delete sub clause (8) of this clause and insert the following in lieu thereof:

(8) (a) (i) Employees 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 36. - District Allowance of this Award, shall be entitled to the concessions contained in Schedule E. - Travel Concessions for Annual Leave, provided that the Employee has at least 12 months service in these areas.

(ii) An Employee 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 Employee who proceeds on annual leave before completing the 12 months service provided that the Employee 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 Employees are entitled to a travel concession under subclause (8) of this clause and the Employees’ headquarters are situated in District Allowance Areas 3, 4, 5 or 6, 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) Employees, other than those designated in paragraph (8) (a) 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) 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.

(e) For the purposes of the definitions at paragraph (8) (d) of this clause, 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 27. – Bereavement Leave: Delete sub clause (1) of this clause and insert the following in lieu thereof:

(1) Officers including casual employees shall on the death of:

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

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

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

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

(e) any other person who, immediately before that person's death, lived with the employee 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 employee 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.