The Civil Service Association of Western Australia Incorporated -v- Animal Resources Authority, Botanic Gardens and Parks Authority, Builders' Registration Board of Western Australia

Document Type: Order

Matter Number: P 2/2018

Matter Description: Government Officers Salaries, Allowances and Conditions Award 1989

Industry: Government Administration

Jurisdiction: Public Service Arbitrator

Member/Magistrate name: Senior Commissioner S J Kenner

Delivery Date: 21 Dec 2018

Result: Order issued

Citation: 2018 WAIRC 00921

WAIG Reference: 99 WAIG 36

DOCX | 35kB
2018 WAIRC 00921
GOVERNMENT OFFICERS SALARIES, ALLOWANCES AND CONDITIONS AWARD 1989
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
APPLICANT
-V-
ANIMAL RESOURCES AUTHORITY, BOTANIC GARDENS AND PARKS AUTHORITY, BUILDERS' REGISTRATION BOARD OF WESTERN AUSTRALIA AND OTHERS
RESPONDENTS
CORAM SENIOR COMMISSIONER S J KENNER
DATE FRIDAY, 21 DECEMBER 2018
FILE NO/S P 2 OF 2018
CITATION NO. 2018 WAIRC 00921

Result Order
Representation
APPLICANT MS J MOORE OF COUNSEL

RESPONDENTS MR S DANE


Order
HAVING HEARD Ms J Moore of counsel on behalf of the applicant and Mr S Dane on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders –

(1) THAT the applicant’s claim in relation to the addition of the Agricultural Produce Commission and the Architects Board of Western Australia to Schedule A - List of Respondents and meal allowances be and is hereby divided as application P 2A of 2018.

(2) THAT the Government Officers’ Salaries, Allowances and Conditions Award 1989 be varied in accordance with the following schedule with effect from the beginning of the first pay period commencing on or after the 21st day of December 2018.




SENIOR COMMISSIONER S J KENNER
PUBLIC SERVICE ARBITRATOR



SCHEDULE


1. Clause 49. – Relieving Allowance: Delete paragraph (d) of subclause (1) of this clause and insert the following in lieu thereof:

(d) If an officer whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the officer shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $209.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $209.00 in any one period of three (3) years.


2. Clause 50. – Removal Allowance:

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

(c) An allowance of $580.00 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 $3,477.00.

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $197.00.

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 subclause (6) of this clause and insert the following in lieu thereof:

(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 $1,080.00 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. Delete Clause 55. – Mortuary Allowance of this award and insert the following in lieu thereof:

55. – MORTUARY ALLOWANCE

(1) Laboratory Technicians and Assistants employed by the Board of Western Australia Centre for Pathology and Medical Research, engaged in mortuary duties associated with Coronial Inquiries shall receive an allowance of $2,428.00 per annum, payable by fortnightly instalments.

(2) This allowance is compensation for the following matters:

(a) the disabilities involved in the handling of and autopsy work associated with decomposed, obnoxious, vermin infested and infected bodies; and

(b) the need to perform work in refrigerated and other low temperature storage areas of the Mortuary.

(Operative from the first pay period commencing on or from the date of hearing)


4. Schedule A. – List of Respondents: Delete this schedule 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
Building and Construction Industry Training Fund
Central Regional TAFE
Commissioner of Main Roads Western Australia
Construction Industry Long Service Leave Payments Board (My Leave)
Corruption and Crime Commission
Department of Biodiversity, Conservation and Attractions
Department of Communities
Department of Education
Department of Fire and Emergency Services
Department of Jobs, Tourism and Innovation
Department of Local Government, Sport and Cultural Industries
Department of Primary Industries and Regional Development
Department of Training and Workforce Development
Disability Services Commission
Forest Products Commission
Keep Australia Beautiful Council (WA)
Legal Aid Commission of Western Australia
Legal Practice Board of Western Australia
Lotteries Commission Western Australia
Metropolitan Cemeteries Board
Minerals Research Institute of Western Australia
North Metropolitan Health Service (Salaried Officers in Dental Health Services, other than Dentists and Dental Technicians)
North Metropolitan TAFE
North Regional TAFE
Office of the Information Commissioner
Parliamentary Commissioner for Administrative Investigations (Ombudsman Western Australia)
Perth Theatre Trust
School Curriculum and Standards Authority
Small Business Development Corporation
South Metropolitan TAFE
South Regional TAFE
Teacher’s Registration Board of WA
The Burswood Park Board
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.
The National Trust of Australia
Veterinary Surgeons’ Board Western Australia
Western Australian Land Information Authority (Landgate)
Western Australian Sport Centre Trust (Venueswest)
Western Australian Tourism Commission (Tourism Western Australia)
Zoological Parks Authority



5. Schedule I – Clause 22. – Overtime Allowance: Delete Part I – Out of Hours Contact of this Schedule and insert the following in lieu thereof:

PART I – OUT OF HOURS CONTACT

(Operative from the first pay period commencing on or from the date of hearing)

Standby $11.34 per hour
On Call $5.67 per hour
Availability $2.84 per hour

Subclause (2) of Clause 65. – Expired General Agreement Salaries of this Award defines salary for calculation purposes.



6. Schedule K – Shift Work Allowance: Delete this Schedule and insert the following in lieu thereof:

SCHEDULE K . - SHIFT WORK ALLOWANCE

An officer required to work a weekday afternoon or night shift of seven and one half (7.5) hours worked, will in addition to the ordinary rate of salary, be paid an allowance in accordance with the following formula for each shift so worked.


Shiftwork Allowance =

Annual Salary
x
12
x
1
x
15
1
313
10
100




A minimum shift work allowance of $32.10 is payable for each afternoon or night shift of seven and one half (7.5) hours worked.

Subclause (2) of Clause 65. – Expired General Agreement Salaries of this Award defines salary for calculation purposes.

(Operative from the first pay period commencing on or from the date of hearing)



7. Schedule L – Other Allowances: Delete this Schedule and insert the following in lieu thereof:

SCHEDULE L. – OTHER ALLOWANCES

(1) Diving - (Clause 44)

$7.96 per hour or part thereof.

(2) Flying - (Clause 45)

(a) Observation and photographic duties in fixed wing aircraft - $14.71 per hour or part thereof.

(b) Cloud seeding and firebombing duties, observation and photographic duties involving operations in which fixed wing aircraft are used at heights less than 304 metres or in unpressurised aircraft at heights more than 3048 metres - $20.17 per hour or part thereof.

(c) When required to fly in a helicopter on firebombing duties, observation and photographic duties or stock surveillance - $27.88 per hour or part thereof.

(3) Sea Going Allowances (Clause 51)

(a) Victualling

(i) Government Vessel - meals on board not prepared by a cook - $37.60 per day.

(ii) Government Vessel - meals on board are prepared by a cook - $28.20 per day.

(iii) Non-Government Vessel - $34.30 each overnight period.

(b) Hard Living Allowance - 79 cents per hour or part thereof.



8. Schedule P – Expired General Agreement Salaries: Delete this Schedule and insert the following in lieu thereof:

SCHEDULE P – EXPIRED GENERAL AGREEMENT SALARIES

SALARIES


Classification Level
Annual Salary on and from 13 June 2016 (Not to be subject to arbitrated safety net adjustments)

LEVELS
$
Per Annum


Level 1

Under 17 yrs
$23,869
17 yrs
$28,504
18 yrs
$33,139
19 yrs
$37,776
20 yrs
$42,409
1.1
$46,349
1.2
$48,930
1.3
$50,315
1.4
$51,742
1.5
$53,136
1.6
$54,698
1.7
$55,781
1.8
$57,376


LEVEL 2.1
$59,172
2.2
$60,781
2.3
$62,482
2.4
$64,256


LEVEL 3.1
$67,896
3.2
$69,781
3.3
$71,723
3.4
$73,717


LEVEL 4.1
$76,452
4.2
$78,593
4.3
$80,797


LEVEL 5.1
$85,047
5.2
$87,915
5.3
$90,896
5.4
$93,994


LEVEL 6.1
$98,966
6.2
$102,350
6.3
$105,853
6.4
$109,590




LEVEL 7.1
$115,725
7.2
$119,701
7.3
$124,033


LEVEL 8.1
$131,296
8.2
$136,348
8.3
$142,609


LEVEL 9.1
$150,689
9.2
$155,981
9.3
$162,015


CLASS 1
$171,438
CLASS 2
$180,588
CLASS 3
$189,725
CLASS 4
$198,869



SALARIES – SPECIFIED CALLINGS


Classification Level
Annual Salary on and from 13 June 2016 (Not to be subject to arbitrated safety net adjustments)
LEVELS
$
Per Annum
Level 1

1st year
$65,165
2nd year
$68,597
3rd year
$72,405
4th year
$77,164
5th year
$84,542
6th year
$89,345
 

LEVEL 2.1
$91,548
2.2
$94,634
2.3
$97,845
2.4
$101,179
 

LEVEL 3.1
$106,533
3.2
$110,176
3.3
$113,944
3.4
$117,969
 

LEVEL 4.1
$121,885
4.2
$126,074
4.3
$130,636
 

LEVEL 5.1
$138,046
5.2
$143,358
5.3
$149,940
 

LEVEL 6.1
$158,164
6.2
$163,719
6.3
$170,055
 

LEVEL 7
$179,637
LEVEL 8
$189,220
LEVEL 9
$198,794
LEVEL 10
$208,375



The Civil Service Association of Western Australia Incorporated -v- Animal Resources Authority, Botanic Gardens and Parks Authority, Builders' Registration Board of Western Australia

GOVERNMENT OFFICERS SALARIES, ALLOWANCES AND CONDITIONS AWARD 1989

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES The Civil Service Association of Western Australia Incorporated

APPLICANT

-v-

Animal Resources Authority, Botanic Gardens and Parks Authority, Builders' Registration Board of Western Australia AND OTHERS

RESPONDENTS

CORAM Senior Commissioner S J Kenner

DATE FRIday, 21 December 2018

FILE NO/S P 2 OF 2018

CITATION NO. 2018 WAIRC 00921

 

Result Order

Representation

Applicant Ms J Moore of counsel

 

Respondents Mr S Dane

 

 

Order

HAVING HEARD Ms J Moore of counsel on behalf of the applicant and Mr S Dane on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders –

 

(1) THAT the applicant’s claim in relation to the addition of the Agricultural Produce Commission and the Architects Board of Western Australia to Schedule A - List of Respondents and meal allowances be and is hereby divided as application P 2A of 2018.

 

(2) THAT the Government Officers’ Salaries, Allowances and Conditions Award 1989 be varied in accordance with the following schedule with effect from the beginning of the first pay period commencing on or after the 21st day of December 2018.

 

 

 

 

Senior Commissioner S J Kenner

PUBLIC SERVICE ARBITRATOR

 

 


SCHEDULE

 

 

  1. Clause 49. – Relieving Allowance: Delete paragraph (d) of subclause (1) of this clause and insert the following in lieu thereof:

 

(d) If an officer whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the officer shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $209.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $209.00 in any one period of three (3) years.

 

 

  1. Clause 50. – Removal Allowance:

 

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

 

(c) An allowance of $580.00 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 $3,477.00.

 

(d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $197.00.

 

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 subclause (6) of this clause and insert the following in lieu thereof:

 

(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 $1,080.00 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.

 

 

 

  1. Delete Clause 55. – Mortuary Allowance of this award and insert the following in lieu thereof:

 

55.  – MORTUARY ALLOWANCE

 

(1) Laboratory Technicians and Assistants employed by the Board of Western Australia Centre for Pathology and Medical Research, engaged in mortuary duties associated with Coronial Inquiries shall receive an allowance of $2,428.00 per annum, payable by fortnightly instalments.

 

(2) This allowance is compensation for the following matters:

 

(a) the disabilities involved in the handling of and autopsy work associated with decomposed, obnoxious, vermin infested and infected bodies; and

 

(b) the need to perform work in refrigerated and other low temperature storage areas of the Mortuary.

 

(Operative from the first pay period commencing on or from the date of hearing)

 

 

  1. Schedule A. – List of Respondents:  Delete this schedule 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

Building and Construction Industry Training Fund

Central Regional TAFE

Commissioner of Main Roads Western Australia

Construction Industry Long Service Leave Payments Board (My Leave)

Corruption and Crime Commission

Department of Biodiversity, Conservation and Attractions

Department of Communities

Department of Education

Department of Fire and Emergency Services

Department of Jobs, Tourism and Innovation

Department of Local Government, Sport and Cultural Industries

Department of Primary Industries and Regional Development

Department of Training and Workforce Development

Disability Services Commission

Forest Products Commission 

Keep Australia Beautiful Council (WA)

Legal Aid Commission of Western Australia

Legal Practice Board of Western Australia

Lotteries Commission Western Australia

Metropolitan Cemeteries Board

Minerals Research Institute of Western Australia

North Metropolitan Health Service (Salaried Officers in Dental Health Services, other than Dentists and Dental Technicians)

North Metropolitan TAFE

North Regional TAFE

Office of the Information Commissioner

Parliamentary Commissioner for Administrative Investigations (Ombudsman Western Australia)

Perth Theatre Trust

School Curriculum and Standards Authority

Small Business Development Corporation

South Metropolitan TAFE

South Regional TAFE

Teacher’s Registration Board of WA

The Burswood Park Board

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.

The National Trust of Australia

Veterinary Surgeons’ Board Western Australia

Western Australian Land Information Authority (Landgate)

Western Australian Sport Centre Trust (Venueswest)

Western Australian Tourism Commission (Tourism Western Australia)

Zoological Parks Authority

 

 

 

  1. Schedule I – Clause 22. – Overtime Allowance:  Delete Part I – Out of Hours Contact of this Schedule and insert the following in lieu thereof:

 

PART I – OUT OF HOURS CONTACT

 

(Operative from the first pay period commencing on or from the date of hearing)

 

Standby  $11.34 per hour

On Call  $5.67 per hour

Availability $2.84 per hour

 

Subclause (2) of Clause 65. – Expired General Agreement Salaries of this Award defines salary for calculation purposes.

 

 

 

  1. Schedule K – Shift Work Allowance:  Delete this Schedule and insert the following in lieu thereof:

 

SCHEDULe K . - SHIFT WORK ALLOWANCE

 

An officer required to work a weekday afternoon or night shift of seven and one half (7.5) hours worked, will in addition to the ordinary rate of salary, be paid an allowance in accordance with the following formula for each shift so worked.

 

 

Shiftwork Allowance =

 

Annual Salary

x

12

x

1

x

15

1

313

10

100

 

 

 

 

A minimum shift work allowance of $32.10 is payable for each afternoon or night shift of seven and one half (7.5) hours worked.

 

Subclause (2) of Clause 65. – Expired General Agreement Salaries of this Award defines salary for calculation purposes.

 

(Operative from the first pay period commencing on or from the date of hearing)

 

 

 

  1. Schedule L – Other Allowances:  Delete this Schedule and insert the following in lieu thereof:

 

SCHEDULE L. – OTHER ALLOWANCES

 

(1) Diving - (Clause 44)

 

$7.96 per hour or part thereof.

 

(2) Flying - (Clause 45)

 

(a) Observation and photographic duties in fixed wing aircraft - $14.71 per hour or part thereof.

 

(b) Cloud seeding and firebombing duties, observation and photographic duties involving operations in which fixed wing aircraft are used at heights less than 304 metres or in unpressurised aircraft at heights more than 3048 metres - $20.17 per hour or part thereof.

 

(c) When required to fly in a helicopter on firebombing duties, observation and photographic duties or stock surveillance - $27.88 per hour or part thereof.

 

(3) Sea Going Allowances (Clause 51) 

 

(a) Victualling

 

(i) Government Vessel - meals on board not prepared by a cook - $37.60 per day.

 

(ii) Government Vessel - meals on board are prepared by a cook - $28.20 per day.

 

(iii) Non-Government Vessel - $34.30 each overnight period.

 

(b) Hard Living Allowance - 79 cents per hour or part thereof.

 

 

 

  1. Schedule P – Expired General Agreement Salaries: Delete this Schedule and insert the following in lieu thereof:

 

SCHEDULE P – EXPIRED GENERAL AGREEMENT SALARIES

 

SALARIES

 

 

Classification Level

Annual Salary on and from 13 June 2016 (Not to be subject to arbitrated safety net adjustments)

 

LEVELS

$

Per Annum

 

 

Level 1

 

Under 17 yrs

$23,869

17 yrs

$28,504

18 yrs

$33,139

19 yrs

$37,776

20 yrs

$42,409

1.1

$46,349

1.2

$48,930

1.3

$50,315

1.4

$51,742

1.5

$53,136

1.6

$54,698

1.7

$55,781

1.8

$57,376

 

 

LEVEL 2.1

$59,172

2.2

$60,781

2.3

$62,482

2.4

$64,256

 

 

LEVEL 3.1

$67,896

3.2

$69,781

3.3

$71,723

3.4

$73,717

 

 

LEVEL 4.1

$76,452

4.2

$78,593

4.3

$80,797

 

 

LEVEL 5.1

$85,047

5.2

$87,915

5.3

$90,896

5.4

$93,994

 

 

LEVEL 6.1

$98,966

6.2

$102,350

6.3

$105,853

6.4

$109,590

 

 

 

 

LEVEL 7.1

$115,725

7.2

$119,701

7.3

$124,033

 

 

LEVEL 8.1

$131,296

8.2

$136,348

8.3

$142,609

 

 

LEVEL 9.1

$150,689

9.2

$155,981

9.3

$162,015

 

 

CLASS 1

$171,438

CLASS 2

$180,588

CLASS 3

$189,725

CLASS 4

$198,869

 

 

 

Salaries – Specified Callings

 

 

Classification Level

Annual Salary on and from 13 June 2016 (Not to be subject to arbitrated safety net adjustments)

LEVELS

$

Per Annum

Level 1

 

1st year

$65,165

2nd year

$68,597

3rd year

$72,405

4th year

$77,164

5th year

$84,542

6th year

$89,345

 

 

LEVEL 2.1

$91,548

2.2

$94,634

2.3

$97,845

2.4

$101,179

 

 

LEVEL 3.1

$106,533

3.2

$110,176

3.3

$113,944

3.4

$117,969

 

 

LEVEL 4.1

$121,885

4.2

$126,074

4.3

$130,636

 

 

LEVEL 5.1

$138,046

5.2

$143,358

5.3

$149,940

 

 

LEVEL 6.1

$158,164

6.2

$163,719

6.3

$170,055

 

 

LEVEL 7

$179,637

LEVEL 8

$189,220

LEVEL 9

$198,794

LEVEL 10

$208,375