CITATION : 2012 WAIRC 00711 CORAM : THE HONOURABLE J H SMITH, ACTING PRESIDENT ACTING SENIOR COMMISSIONER P E SCOTT COMMISSIONER S M MAYMAN HEARD : TUESDAY, 19 JUNE 2012, WEDNESDAY, 25 JULY 2012 DELIVERED : MONDAY, 30 JULY 2012 FILE NO. : FBM 2 OF 2012 BETWEEN : PHARMACY GUILD OF WESTERN AUSTRALIA (ORGANISATION OF EMPLOYERS) Applicant AND (NOT APPLICABLE) Respondent Catchwords : Industrial Law (WA) - s 54(1) application for registration of organisation of employers - compliance with statutory criteria - Application granted Legislation : Industrial Relations Act 1979 (WA) s 6, s54, s 54(1), s 55(1), s 55(2), s 55(3), s 55(4), s 55(4)(a), s 55(4)(b), s 55(4)(e), s 55(5), s 56(1)(d)(i), s 56(1)(e), s 56(1)(f), s 56A, s 56A(3) Industrial Relations Commission Regulations 2005 (WA) reg 66, reg 66(2) Fair Work Act 2009 (Cth) s 27(1)(c), s 27(2) Result : Application granted Representation: Counsel: Applicant : Mr A L Drake-Brockman and Mr B R Jackson Solicitors: Applicant : DLA Piper Australia 1558 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. Case(s) referred to in reasons: Re Community Employers WA [2009] WAIRC 00666; (2009) 89 WAIG 2086 [61] Re The Australian Workers’ Union, West Australian Branch, Industrial Union of Workers [2012] WAIRC 00032; (2012) 92 WAIG 102 [8], [12] – [13] Re The Electrical and Communications Association of Western Australia (Union of Employers) [2007] WAIRC 01193; (2007) 87 WAIG 2899 [36], [38], [39], [42] Case(s) also cited: Re Postal Delivery Officers Union (Unreported, AIRC, Print 3192, 18 February 2000) [63] Reasons for Decision THE FULL BENCH: 1 The Pharmacy Guild of Western Australia (Organisation of Employers) (Pharmacy Guild of Western Australia) is an unregistered organisation of employers seeking registration as an organisation of employers. The Pharmacy Guild of Western Australia is an association of persons including pharmacist controlled companies who carry on businesses as pharmacies. The Pharmacy Guild of Western Australia seeks the authority of the Full Bench to register as an organisation under s 54 of the Industrial Relations Act 1979 (WA) (the Act). Section 54(1) provides that an unregistered organisation may be registered if they consist of two or more employers who have, in the aggregate throughout the six months immediately preceding the date of application for registration, employed on an average, taken per month, not less than 200 employees; and are associated for the purpose of protecting or furthering the interests of those employers. 2 After hearing from counsel for the applicant on 25 July 2012, the following order was made by the Full Bench: The Full Bench authorises the registration of the Pharmacy Guild of Western Australia (Organisation of Employers) as an organisation under Division 4 of Part II of the Industrial Relations Act 1979 (WA). 3 These reasons for decision set out the reasons why the Full Bench granted the application. Procedural requirements attaching to organisations seeking registration 4 Under s 55(1) of the Act, an organisation seeking registration under s 54 is required to lodge in the office of the Registrar: (a) a list of the officers of the organisation with their addresses; (b) three copies of the rules of the organisation; and (c) the prescribed form of application. 5 In accordance with s 55(1) of the Act, the Pharmacy Guild of Western Australia lodged with the Registrar the prescribed form of application, three copies of a list containing the full names of the officers of the organisation and their respective addresses. The Pharmacy Guild of Western Australia also lodged three typewritten copies of its rules which are certified as being correct by Zoe Lenette Mullen, the president of the Pharmacy Guild of Western Australia. 6 Following the compliance by the Pharmacy Guild of Western Australia with the requirements of s 55(1) of the Act, the Registrar published in a notice in the required manner as required by s 55(2) of the Act: NOTICE is given of an application by the 'Pharmacy Guild of Western Australia (Organisation of Employers)' to the Full Bench of the Western Australian Industrial Relations Commission for registration of an organisation pursuant to Section 53 of the Industrial Relations Act 1979. The rules of the proposed new organisation relating to the qualification of persons for membership including any rule by which that area of the State within which the organisation operates, or intends to operate is limited, are as follows: '6 MEMBERSHIP 6.1 The Organisation shall consist of such organisations which are employers in a Pharmacy Business in Western Australia in circumstances where the employer is one of the following: 6.1.1 A Pharmacist carrying on the Pharmacy Business as a sole trader; or 6.1.2 Person [sic] who are partners in a partnership that carries on the Pharmacy Business and in which every partner is either: (a) A Pharmacist; or (b) A close family member of a partner who is a Pharmacists; or 6.1.3 A Pharmacist Controlled Company and is approved for membership by the Committee of Management. 6.2 Each application for membership of the Organisation shall be made in writing in the form provided by the Organisation, or in such form as may from time to time be approved by the Committee of Management. 6.3 Upon receipt by the Committee of Management of a duly completed Application for Membership form, together with such fees and subscriptions as may be payable, the Committee of Management will place that application before the next meeting of the Committee of Management and the Committee of Management will at that meeting consider whether the application should be accepted or rejected in accordance with these Rules. The applicant shall be deemed to be a member of the Organisation on the 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1559 date that the Committee of Management approves the application. The decision of the Committee of Management shall be conveyed in writing to the applicant.' The matter has been listed before the Full Bench at 10:30 am on Tuesday, 19 June 2012 in Court 3 (18th Floor). A copy of the rules of the proposed new organisation may be inspected on the 16th Floor, 111 St Georges Terrace, Perth. Any organisation/association registered under the Industrial Relations Act 1979, or any person who satisfies the Full Bench that he/she has a sufficient interest or desires to object to the application may do so by filing a notice of objection (Form 13) in accordance with the Industrial Relations Commission Regulations 2005. 7 This notice was published by the Registrar in the Western Australian Industrial Gazette on 26 April 2012 ((2012) 92 WAIG 496). 8 The requirements of s 55(1) of the Act are also reflected in reg 66 of the Industrial Relations Commission Regulations 2005. Under reg 66(2), the Pharmacy Guild of Western Australia is required to lodge three copies of the notice given to members in accordance with s 55(4)(b) of the Act, including a statement as to how notice was disseminated to members and three copies of the resolution of the organisation authorising the application. An affidavit sworn by Ms Mullen on 1 February 2012 provides evidence of the notice given to members. This evidence will be addressed later in these reasons. Formation of the Pharmacy Guild of Western Australia (Organisation of Employers) 9 The history of the formation of the Pharmacy Guild of Western Australia is set out in a number of statutory declarations made by foundation members of the Pharmacy Guild of Western Australia. 10 Stephen John Wragg is the secretary of the Pharmacy Guild of Western Australia. In a statutory declaration made by him on 29 June 2012, he sets out the history of how the Pharmacy Guild of Western Australia formed as an unincorporated association in 2011. 11 Mr Wragg is a pharmacist. He is an owner of two pharmacies which operate as partnerships. He has been involved in community pharmacy organisations for a number of years and is generally familiar with requirements of industrial relations issues regulating the community pharmacy industry and as he is a member and committee member of a federal body, The Pharmacy Guild of Australia, which is registered as an association of employers under the provisions of the Fair Work (Registered Associations) Act 2009 (Cth). 12 During the middle of 2011, Mr Wragg became aware that commencing on 27 March 2011 industrial relations requirements and issues regulating employers in the community pharmacy industry who are sole traders or in partnerships are covered exclusively by the Western Australian industrial relations system. As a result of this information, Mr Wragg had a number of discussions with other community pharmacy employers who decided that an unregistered organisation of employers needed to be established with a view to seeking registration as an organisation of employers under the Act to enable community pharmacy employers to be represented in the Commission and protect their interests in the Western Australian industrial relations system. 13 As a result of those discussions, a number of community pharmacy employers and Mr Wragg agreed to meet with a view to establishing an unregistered organisation and obtaining registration of the organisation under the Act. 14 The unregistered organisation of the Pharmacy Guild of Western Australia was formed on 27 September 2011. At a meeting of community pharmacy owners on 27 September 2011, the following owners of community pharmacies attended: Mr Wragg, Lenette Mullen, Natalie Willis, David Manuel, Tom Golovoda, Andrew Ngeow, Ernie Pirone, Harry Zafer, Anthony Masi and Paul Jardine. There were four other community pharmacy employers who were unable to attend this meeting who had prior to this meeting indicated their willingness to become foundation members and be part of a foundation committee of management members of the new organisation. Those persons were Linda Keane, Bruce Warland, Adrian Staltari and Paul Rees. 15 At the meeting on 27 September 2011, all of the persons present firstly agreed unanimously with immediate effect, to establish an unregistered organisation of employers with a view to seeking registration as an organisation of employers under the Act. They then discussed the name of the proposed organisation of employers and agreed unanimously that the name of the unregistered organisation of employers would be the Pharmacy Guild of Western Australia (Organisation of Employers). They then discussed who would be the members of the unregistered organisation of employers. As a result of those discussions, it was resolved unanimously with immediate effect that the unregistered organisation would be comprised of foundation members and that the foundation members would be: (a) the persons present at the meeting; and (b) Linda Keane, Bruce Warland, Adrian Staltari and Paul Rees who were not present but had verbally indicated their intent in previous discussions to be foundation members of the unregistered organisation. 16 It was also discussed at the meeting on 27 September 2011 that once the Pharmacy Guild of Western Australia was registered as an organisation of employers by the Western Australian Industrial Relations Commission, additional community pharmacy employers could become members pursuant to membership eligibility rules of the unregistered organisation that would be developed during the course of upcoming meetings. Discussion was then held as to who would be the persons who would comprise a committee of management of the unregistered organisation. It was resolved unanimously with immediate effect that the unregistered organisation would act through a foundation committee of management which would comprise all foundation members. They then discussed that once the unregistered organisation was registered as an organisation of employers there would be a need to conduct elections for the positions of president, secretary and the committee of management. 17 A discussion was also held at the meeting on 27 September 2011 about who would run the meetings of the unregistered organisation of employers as it was apparent that a foundation president was needed to chair future meetings and sign the minutes. As a result of the discussion, it was resolved unanimously with immediate effect that the foundation president of the 1560 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. unregistered organisation would be Lenette Mullen. They then discussed the need for a foundation secretary who would handle administrative matters. As a result, it was resolved unanimously with immediate effect that the foundation secretary of the unregistered organisation would be Mr Wragg. 18 At the conclusion of the meeting on 27 September 2011, the foundation members agreed that a more formal meeting of the unregistered organisation was necessary which would include formal minutes. They also discussed the need for a quorum for future meetings and it was agreed unanimously that a quorum would be a majority of the committee members, until such time as a set of rules were developed. They also agreed that a set of rules in line with the requirements of the Act would need to be developed which could be used to guide the processes and procedures of the unregistered organisation. Finally, they agreed to meet again on 11 October 2011. 19 Each of the foundation members present at the meeting on 27 September 2011 also made statutory declarations which briefly set out the resolutions made at that meeting. The four foundation members who were not present at that meeting also made statutory declarations. Mr Rees, Mr Staltari, Mr Warland and Ms Keane all filed statutory declarations stating that following the meeting on 27 September 2011 they each had discussions with Mr Wragg, Ms Mullen and the other community pharmacy employers involved in this process and during those discussions they agreed in line with their previous agreement to: a) the establishment of the unregistered organisation of employers to be known as 'Pharmacy Guild of Western Australia (Organisation of Employers)' with a view to the unregistered organisation of employers seeking registration as an organisation of employers with the Western Australian Industrial Relations Commission. b) immediately being a foundation member of the unregistered organisation of employers; and c) immediately being a foundation committee member of the unregistered organisation of employers. 20 In a further supplementary statutory declaration made by Mr Wragg on 10 July 2012, Mr Wragg states that on 11 October 2011 Ms Keane, Mr Warland and Mr Staltari attended the meeting of the unregistered organisation of employers, and at that meeting they each confirmed their agreement to become foundation members. Mr Wragg also stated in his statutory declaration made on 10 July 2012 that at a meeting of the Pharmacy Guild of Western Australia on 8 November 2011, Mr Rees attended and confirmed he agreed to become a foundation member. 21 Mr Rees, Mr Warland, Mr Staltari and Ms Keane also all made statutory declarations which corroborate the facts which are set out in Mr Wragg’s statutory declaration made on 10 July 2012. 22 On 13 March 2012, Mr Wragg also made an affidavit in support of this application. In that affidavit he states that when each of the foundation members of the Pharmacy Guild of Western Australia became a member of the Pharmacy Guild of Western Australia they provided their details of the number of employees employed by their pharmacy. Those details were then recorded as part of the membership register which records that the total number of employees employed by the members was 277. Annexed to his affidavit are statutory declarations from each of the foundation members which shows the total number of employees employed by each member. 23 In a statutory declaration made by Zoe Lenette Mullen on 13 June 2012, Ms Mullen declares that she is the president of the Pharmacy Guild of Western Australia. She is also a pharmacist and owns a pharmacy in East Fremantle. Annexed to her statutory declaration made on 13 June 2012 are a bundle of statutory declarations made by each of the foundation members which evidences that the Pharmacy Guild of Western Australia consists of two or more employers who had in the aggregate throughout the six months immediately preceding 3 April 2012 employed on an average taken per month of not less than 200 employees. In fact, the total number of employees set out in the bundle of statutory declarations annexed to Ms Mullen’s statutory declaration is 331. 24 In Ms Mullen’s statutory declaration she also addressed the process by which the rules of the Pharmacy Guild of Western Australia came to be adopted by the Pharmacy Guild of Western Australia which was as follows: (a) Ms Mullen sent an email to the committee members on 4 November 2011 informing them that there would be a meeting on 8 November 2011 and enclosed the following documents: (i) the draft rules of the new entity for their perusal; (ii) an agenda for the meeting on 8 November 2011; and (iii) the minutes of the meeting of the committee of management of the Pharmacy Guild of Western Australia on 11 October 2011. (b) At the meeting on 8 November 2011, all committee members attended the committee of management meeting except for Mr Zafer who tendered a formal apology. (c) At the meeting on 8 November 2011, all of the committee of management members that were present acknowledged they had received the draft rules and had reviewed them. They then all resolved to adopt and approve the draft rules. 25 In Mr Wragg’s affidavit sworn on 13 March 2012, Mr Wragg states that on 18 November 2011 a meeting of the Pharmacy Guild of Western Australia was held and at that meeting it was resolved that the Pharmacy Guild of Western Australia would apply to the Full Bench of the Commission for registration as an organisation of employers. 26 On 21 December 2011, a letter was sent by email and ordinary post from Ms Mullen to each foundation member informing them of the intention of the Pharmacy Guild of Western Australia to apply for registration and attached a copy of the proposed rules of the Pharmacy Guild of Western Australia. The letter advised the members that they could object to the making of the application or to the rules or any of them by forwarding a written objection to the Registrar of the Commission. The letter also stated that once the application for registration had been made, the Registrar of the Commission would publish in the Western 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1561 Australian Industrial Gazette a notice that any person who objects to the registration of the Pharmacy Guild of Western Australia may appear and be heard at that time. 27 Pursuant to s 55(3) of the Act, the application could not be listed for hearing before the Full Bench until the expiration of 30 days from the date on which there is publication of the notice by the Registrar as provided for in s 55(2) of the Act. This requirement was satisfied as the hearing of the application did not commence until 19 June 2012. Substantive statutory requirements 28 Section 55(4) and s 55(5) of the Act contain substantial requirements which must be satisfied before the Full Bench can authorise registration of an organisation. These provisions are as follows: (4) Notwithstanding that an organisation complies with section 53(1) or 54(1) or that the Full Bench is satisfied for the purposes of section 53(2) or 54(2), the Full Bench shall refuse an application by the organisation under this section unless it is satisfied that — (a) the application has been authorised in accordance with the rules of the organisation; (b) reasonable steps have been taken to adequately inform the members — (i) of the intention of the organisation to apply for registration; (ii) of the proposed rules of the organisation; and (iii) that the members or any of them may object to the making of the application or to those rules or any of them by forwarding a written objection to the Registrar, and having regard to the structure of the organisation and any other relevant circumstance, the members have been afforded a reasonable opportunity to make such an objection; (c) in relation to the members of the organisation — (i) less than 5% have objected to the making of the application or to those rules or any of them, as the case may be; or (ii) a majority of the members who voted in a ballot conducted in a manner approved by the Registrar has authorised or approved the making of the application and the proposed rules; (d) in relation to the alteration of the rules of the organisation, those rules provide for reasonable notice of any proposed alteration and reasons therefor to be given to the members of the organisation and for reasonable opportunity for the members to object to any such proposal; and (e) rules of the organisation relating to elections for office — (i) provide that the election shall be by secret ballot; and (ii) conform with the requirements of section 56(1), and are such as will ensure, as far as practicable, that no irregularity can occur in connection with the election. (5) Notwithstanding that an organisation complies with section 53(1) or 54(1), the Full Bench shall refuse an application by the organisation under this section if a registered organisation whose rules relating to membership enable it to enrol as a member some or all of the persons eligible, pursuant to the rules of the first-mentioned organisation, to be members of the first-mentioned organisation unless the Full Bench is satisfied that there is good reason, consistent with the objects prescribed in section 6, to permit registration. Is the Pharmacy Guild of Western Australia associated for the purpose of protecting or furthering the interests of the employer members of the association? 29 Proposed r 6.1 provides that the organisation shall consist of such organisations which are employers in the Pharmacy Business in Western Australia in circumstances where the employer is one of the following: (a) a Pharmacist carrying on the Pharmacy Business as a sole trader; (b) person [sic] who are partners in a partnership that carries on the Pharmacy Business and in which every partner is either: (i) a Pharmacist; (ii) a close family member of a partner who is a Pharmacist; or (c) a Pharmacist Controlled Company. 30 In each case the member has to be approved for membership by the committee of management. 31 Insofar as the eligibility rule provides for a company to be a member of the Pharmacy Guild of Western Australia, this provision is authorised by the Fair Work Act 2009 (Cth). Pursuant to s 27(1)(c) and s 27(2) of the Fair Work Act, national system employers (including constitutional corporations) can be members of a State registered organisation: Re Community Employers WA [2009] WAIRC 00666; (2009) 89 WAIG 2086 [61]; Re The Australian Workers’ Union, West Australian Branch, Industrial Union of Workers [2012] WAIRC 00032; (2012) 92 WAIG 102 [8], [12] – [13]. 32 When regard was had to the objects in the rules of the Pharmacy Guild of Western Australia it was apparent to the members of the Full Bench that the rules had been drafted to empower the Pharmacy Guild of Western Australia to represent the community of interests of pharmacy employers in Western Australia in the Western Australian industrial relations system. These objects are as follows: 1562 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. (a) To represent and/or protect its members in all industrial matters. (b) To enter into any industrial agreement or other instrument, understanding or arrangement considered to be for the general benefit of its members. (c) To intervene and act in any dispute arising between any member and any of their employees or other person. (d) To collect and disseminate information on all matters of interest and relevance to its members. (e) To promote the economic and social interests and welfare of its members. (f) To communicate with the authorities on any relevant matter affecting the interests of its members. (g) To cooperate, assist and collaborate with other organisations in respect of the pharmacy industry, whether operating at a national or state level including but not limited to the Pharmacy Guild of Australia. (h) To represent and secure the representation of its members of any legally constituted board, tribunal or court including but not limited to the Western Australian Industrial Relations Commission. (i) To obtain and provide legal advice to itself and to its members, and to take steps and use all means within its power to remove and resolve grievances. (j) To initiate and conduct proceedings in any court of law and to defend proceedings in any court of law for or on behalf of its members collectively and individually. (k) To register the Organisation as an organisation of employers under the Industrial Relations Act 1979 (WA). (l) To exercise all available powers, privileges and advantages provided under the Industrial Relations Act 1979 (WA) or under any Commonwealth or State industrial relations or like legislation. (m) To preserve or better the rights of members. (n) Take such actions as are related to the achieving the above objects. 33 As counsel for the Pharmacy Guild of Western Australia pointed out, the objects in r 5 are consistent with the principal objects in s 6 of the Act, including the objects: 6(a) to promote goodwill in industry and in enterprises within industry; … 6(af) to facilitate the efficient organisation and performance of work according to the needs of an industry and enterprises within it, balanced with fairness to the employees in the industry and enterprises. 6(ag) to encourage employers, employees and organisations to reach agreements appropriate to the needs of enterprises within industry and the employees in those enterprises; … 6(ca) to provide a system of fair wages and conditions of employment; … 6(e) to encourage the formation of representative organisations of employers and employees and their registration under this Act and to discourage, so far as practicable, overlapping of eligibility for membership of such organisations; 6(f) to encourage the democratic control of organisations so registered and the full participation by members of such an organisation in the affairs of the organisation; 6(g) to encourage persons, organisations and authorities involved in, or performing functions with respect to, the conduct of industrial relations under the laws of the State to communicate, consult and co-operate with persons, organisations and authorities involved in, or performing functions with respect to, the conduct or regulation of industrial relations under the laws of the Commonwealth. 34 We were also satisfied that the Pharmacy Guild of Western Australia consisted of two or more employers who in the aggregate throughout the six months preceding the date of the application for registration employed on average per month not less than 200 employees. This evidence is set out in a bundle of statutory declarations made by each of the foundation members which show that throughout the six months immediately preceding the date of the application for registration the members collectively employed an average of 331 employees: see annexures to statutory declaration of Ms Mullen sworn on 13 June 2012. 35 We were also satisfied that it is clear from the objects contained in proposed r 5 of the rules of the Pharmacy Guild of Western Australia that the Pharmacy Guild of Western Australia is to be associated for the purpose of protecting or furthering interests of the employers who are members of the association. Has the application been authorised in accordance with the rules of the Pharmacy Guild of Western Australia? 36 Section 55(4)(a) of the Act requires the Full Bench to be satisfied that the application has been authorised in accordance with the rules of the organisation. Compliance with the rules of the organisation requires an analysis by the Full Bench as to whether the rules of the organisation in question have been strictly complied with: Re The Electrical and Communications Association of Western Australia (Union of Employers) [2007] WAIRC 01193; (2007) 87 WAIG 2899 [36], [38], [39], [42]. In particular, as discussed in The Electrical and Communications Association the Full Bench must analyse and determine: (a) what is required under the rules to authorise an alteration application; 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1563 (b) what actions have been taken to purportedly comply with these requirements; and (c) whether compliance has occurred. 37 On 8 November 2011, the committee of management of the Pharmacy Guild of Western Australia adopted and approved the rules filed in the Commission, as the rules of the Pharmacy Guild of Western Australia. Pursuant to r 14.1(i), the committee of management has the power to take all steps necessary to register the organisation as an organisation of employers under the Act. 38 Evidence contained in the affidavits made by Ms Mullen sworn on 13 March 2012 and Mr Wragg sworn on 13 March 2012 establish that on 18 November 2011 the committee of management of the Pharmacy Guild of Western Australia met and resolved to apply to the Full Bench of the Commission for registration as an organisation of employers in accordance with the provisions of the Act. The minutes of the meeting of 18 November 2011 record that at the time that resolution to apply for registration was made there was a quorum of committee of management members, as eight members attended the meeting and the quorum for a committee of management meeting is four: r 14.6. This meeting was, however, not convened in accordance with the rules of the Pharmacy Guild of Western Australia. Pursuant to r 14.4, written notice of a meeting of the committee of management is to be given by the secretary to each member of the committee of management together with an agenda and any supporting documents shall be despatched to members not later than two days prior to the day appointed for the meeting. However, notice of the meeting of 18 November 2011 was given by Ms Mullen, by email sent to each of the members of the committee of management on 15 November 2011. For this reason, the resolution past at that meeting was not valid. Notwithstanding this invalidity, we formed the opinion that the invalidity was not material as the only resolution passed at the meeting was to make an application to the Commission to register the Pharmacy Guild of Western Australia. When the Pharmacy Guild of Western Australia was first formed, and prior to the adoption of the rules, each of the foundation members who were also members of the committee of management, had agreed to take steps to register the association and there is nothing in the rules that required a formal resolution to be made by the committee of management to take the necessary steps to register the organisation. 39 When regard is had to the requirements of the rules and the steps that were taken as set out above, it is clear that compliance with the rules of the organisation had occurred to authorise the application to register the Pharmacy Guild of Western Australia as an organisation under the Act. For these reasons, we were satisfied that the requirements of s 55(4)(a) of the Act have been satisfied. 40 We were also satisfied that the requirements of s 55(4)(b) of the Act had been complied with. On 19 December 2011, Ms Mullen as the president wrote to all foundation members informing them: (a) of the intention of the Pharmacy Guild of Western Australia to apply for registration; (b) providing a copy of the proposed rules; and (c) that the members or any of them may object to the making of the application or to the rules or any of them by forwarding a written objection to the Registrar of the Commission. 41 It is also notable that each foundation member was also a member of the committee of management and had by agreement resolved to adopt the rules and had agreed that the association should apply for registration. 42 We noted that no members of the Pharmacy Guild of Western Australia had objected to the making of the application for registration or to the rules. 43 We were also satisfied that the rules of the Pharmacy Guild of Western Australia satisfies the requirements of s 55(4)(e) and s 56(1)(d)(i) of the Act in that r 23.21 of the rules provide the elections for office shall be by way of secret ballot. The procedure for election of committee of management members is provided for in r 23. Rule 23 provides for elections by secret ballot and makes provision for absentee voting. It also provides for the manner in which persons may become candidates for election in r 23.1. Rule 23 also provides for the: (a) appointment, conduct and duties of returning officers and the conduct of the ballot; (b) appointment, conduct and duties of scrutineers to represent the candidates of the ballot; and (c) declaration of the result of the ballot. When regard is had to the procedures set out in r 23, it is clear that r 23 provides to ensure so far as practicable, that no irregularity can occur in connection with the election. When regard is had to r 23.4 and r 23.6, it is clear that elections for office are to be held every three years as required by s 56(1)(e) of the Act. 44 Rule 24 provides for the filling of casual vacancies and satisfies the requirements of s 56(1)(f) of the Act which does not permit a person to be elected to fill a casual vacancy in an office for a period exceeding the unexpired portion of the term of the person who has vacated the office. Rule 24 also satisfies the requirements of s 56A of the Act which provides for casual vacancies to be filled in an alternative manner as set out in s 56A(3) of the Act. 45 The requirements of s 55(5) of the Act are not relevant to this application and do not prevent the registration of the Pharmacy Guild of Western Australia. There was no evidence, nor any other material before the Full Bench, which suggested that if registered, the rules relating to membership would enable it to enrol as a member some or all of the persons eligible to be members of another registered organisation. 46 For these reasons the Full Bench formed the opinion that all of the statutory requirements for registration of the Pharmacy Guild of Western Australia had been met. 1564 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. 2012 WAIRC 00693 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES PHARMACY GUILD OF WESTERN AUSTRALIA (ORGANISATION OF EMPLOYERS) APPLICANT -and- (NOT APPLICABLE) RESPONDENT CORAM FULL BENCH THE HONOURABLE J H SMITH, ACTING PRESIDENT ACTING SENIOR COMMISSIONER P E SCOTT COMMISSIONER S M MAYMAN DATE WEDNESDAY, 25 JULY 2012 FILE NO. FBM 2 OF 2012 CITATION NO. 2012 WAIRC 00693 Result Application granted Appearances Applicant Mr A Drake-Brockman (of counsel) and Mr B R Jackson (of counsel) Order This matter having come on for hearing before the Full Bench on Tuesday, 19 June 2012 and Wednesday, 25 July 2012, and having heard Mr A Drake-Brockman (of counsel) and Mr B R Jackson (of counsel) on behalf of the applicant, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders that — The Full Bench authorises the registration of the Pharmacy Guild of Western Australia (Organisation of Employers) as an organisation under Division 4 of Part II of the Industrial Relations Act 1979 (WA). By the Full Bench (Sgd.) J H SMITH, [L.S.] Acting President. PUBLIC SERVICE ARBITRATOR—Awards/Agreements—Variation of— 2012 WAIRC 00737 COUNTRY HIGH SCHOOL HOSTELS AUTHORITY RESIDENTIAL COLLEGE SUPERVISORY STAFF AWARD 2005 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- COUNTRY HIGH SCHOOLS HOSTEL AUTHORITY RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 8 OF 2012 CITATION NO. 2012 WAIRC 00737 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1565 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Country High School Hostels Authority Residential College Supervisory Staff Award 2005 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 1 July 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Schedule B - District Allowance: Delete this Schedule and insert the following in lieu thereof: SCHEDULE B - DISTRICT ALLOWANCE (a) Employees without dependants (subclause 19(3)): Column I District No. Column II Standard Rate $ p.a. Column III Exceptions to Standard Rate Town or Place Column IV Rate $ p.a. 6 4,437 Nil Nil 5 3,469 Fitzroy Crossing Halls Creek Turner River Camp Nullagine 4,888 Liveringa (Camballin) Marble Bar Wittenoom Karratha 4,544 Port Hedland 4 Warburton Mission Carnarvon 4,273 3 Meekatharra Mount Magnet Wiluna Laverton Leonora Cue 3,976 2 1,829 Kalgoorlie Boulder 4,912 1,723 Ravensthorpe Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil (b) Employees with dependants (subclause 19(4)): Double the appropriate rate as prescribed in (a) above for employees without dependants. The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after 1 July 2012. 1566 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. 2012 WAIRC 00744 COUNTRY HIGH SCHOOLS HOSTELS AUTHORITY RESIDENTIAL COLLEGE SUPERVISORY STAFF AWARD 2005, PSA 1 OF 2005 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- COUNTRY HIGH SCHOOLS HOSTEL AUTHORITY RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 15 OF 2012 CITATION NO. 2012 WAIRC 00744 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Country High Schools Hostels Authority Residential College Supervisory Staff Award 2005, PSA 1 of 2005 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 8 August 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 22. – Motor Vehicle Allowance: Delete Subclause (5) of this clause and insert the following in lieu thereof: (5) Allowance for towing the Authority’s caravan or trailer. In cases where employees are required to tow the Authority’s caravans on official business, the additional rate shall be 8.0 cents per kilometer. When the Authority’s trailers are towed on official business the additional rate shall be 4.0 cents per kilometer. 2. Clause 24. – Removal Allowance: A. Delete paragraph (c) of subclause (1) of this clause and insert the following in lieu thereof: (c) An allowance of $557.00 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 Authority is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,342.00. B. Delete paragraph (d) of subclause (1) of this clause and insert the following in lieu thereof: (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00. 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. C. 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 $1,037.00 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. 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1567 2012 WAIRC 00735 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 APPLICANT -v- DIRECTOR GENERAL OF THE DEPARTMENT FOR CHILD PROTECTION, DEPARTMENT FOR COMMUNITIES RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 6 OF 2012 CITATION NO. 2012 WAIRC 00735 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent 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 from the beginning of first pay period on or after 1 July 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Schedule B - District Allowance: Delete this Schedule and insert the following in lieu thereof: SCHEDULE B DISTRICT ALLOWANCE (a) Employees without dependants (subclause (36)(4)) - COLUMN I District No. COLUMN II Standard Rate $ p.a. COLUMN III Exceptions to Rate Town or Place COLUMN IV Rate Standard Rate $ p.a. 6 4,437 Nil Nil 5 3,469 Fitzroy Crossing 4,888 Halls Creek Turner River Camp Nullagine Liveringa (Camballin) 4,544 Marble Bar Wittenoom Karratha 4,273 Port Hedland 3,976 4 1,829 Warburton Mission 4,912 Carnarvon 1,723 3 1,152 Meekatharra 1,829 Mount Magnet Wiluna Laverton Leonora Cue 1568 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. COLUMN I District No. COLUMN II Standard Rate $ p.a. COLUMN III Exceptions to Rate Town or Place COLUMN IV Rate Standard Rate $ p.a. 2 827 Kalgoorlie 275 Boulder Ravensthorpe 1,091 Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil (b) Employees With Dependants (subclause (36(5)). Double the appropriate rate as prescribed in (a) above for employees without dependants. The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after 1 July 2012. 2012 WAIRC 00736 EDUCATION DEPARTMENT MINISTERIAL OFFICERS SALARIES ALLOWANCES AND CONDITIONS AWARD 1983 NO 5 OF 1983 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- DEPARTMENT OF EDUCATION RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 7 OF 2012 CITATION NO. 2012 WAIRC 00736 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No 5 of 1983 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 1 July 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1569 SCHEDULE 1. Schedule C - District Allowance: Delete this Schedule and insert the following in lieu thereof: SCHEDULE C - DISTRICT ALLOWANCE (a) Officers Without Dependants (subclause 35(3)(a)): COLUMN I COLUMN II COLUMN III COLUMN IV DISTRICT NO STANDARD RATE $ p.a. EXCEPTIONS TO STANDARD RATE TOWN OR PLACE RATE $ p.a. 6 4,437 Nil Nil 5 3,469 Fitzroy Crossing 4,888 Halls Creek Turner River Camp Nullagine Liveringa (Camballin) 4,544 Marble Bar Wittenoom Karratha 4,273 Port Hedland 3,976 4 1,829 Warburton Mission 4,912 Carnarvon 1,723 3 1,152 Meekatharra 1,829 Mount Magnet Wiluna Laverton Leonora Cue 2 827 Kalgoorlie 275 Boulder Ravensthorpe 1,091 Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil (b) Officers with dependants (subclause 35(3)(b)): Double the appropriate rates prescribed in (a) above for officers without dependants. The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after 1 July 2012. 2012 WAIRC 00742 EDUCATION DEPARTMENT MINISTERIAL OFFICERS SALARIES ALLOWANCES AND CONDITIONS AWARD 1983 NO 5 OF 1983 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- DEPARTMENT OF EDUCATION RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 13 OF 2012 CITATION NO. 2012 WAIRC 00742 1570 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No 5 of 1983 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 8 August 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 40. – Relieving Allowance: Delete subclause (4) of this clause and insert the following in lieu thereof: (4) 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 $189.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $189.00 in any one period of three (3) years. 2. Clause 41. – Removal Allowance: A. Delete paragraph (c) of subclause (1) of this clause and insert the following in lieu thereof: (c) An allowance of $557.00 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 $3,342.00. B. Delete paragraph (d) of subclause (1) of this clause and insert the following in lieu thereof: (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00. 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. C. 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 $1,037.00 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. Schedule G – Overtime Allowance: Delete Part II - Meals of this Schedule and insert the following in lieu thereof: PART II – MEALS (Operative from the first pay period commencing on or from 16 September 2011) Breakfast $10.30 per meal Lunch $12.65 per meal Evening Meal $15.20 per meal Supper $10.30 per meal 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1571 2012 WAIRC 00743 ELECTORATE OFFICERS AWARD 1986 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- THE HONOURABLE SPEAKER OF THE LEGISLATIVE ASSEMBLY RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 14 OF 2012 CITATION NO. 2012 WAIRC 00743 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Electorate Officers Award 1986 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 8 August 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 38. – Removal Allowance: A. Delete paragraph (c) of subclause (1) of this clause and insert the following in lieu thereof: (c) An allowance of $557.00 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 $3,342.00. B. Delete paragraph (d) of subclause (1) of this clause and insert the following in lieu thereof: (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00. 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. C. 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 $1,037.00 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. 1572 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. 2012 WAIRC 00732 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 RESPONDENTS CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 3 OF 2012 CITATION NO. 2012 WAIRC 00732 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondents 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 beginning of first pay period on or after 1 July 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Schedule G Clause 42. - District Allowances: Delete PART II – ALLOWANCES of this Schedule and insert the following in lieu thereof: PART II - ALLOWANCES (a) Officers Without Dependants (subclause 42(3)): COLUMN I COLUMN II COLUMN III COLUMN IV DISTRICT NO STANDARD RATE $ p.a. EXCEPTIONS TO STANDARD RATE TOWN OR PLACE RATE $ p.a. 6 4,437 Nil Nil 5 3,469 Fitzroy Crossing 4,888 Halls Creek Turner River Camp Nullagine Liveringa (Camballin) 4,544 Marble Bar Wittenoom Karratha 4,273 Port Hedland 3,976 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1573 COLUMN I COLUMN II COLUMN III COLUMN IV DISTRICT NO STANDARD RATE $ p.a. EXCEPTIONS TO STANDARD RATE TOWN OR PLACE RATE $ p.a. 4 1,829 Warburton Mission 4,912 Carnarvon 1,723 3 1,152 Meekatharra 1,829 Mount Magnet Wiluna Laverton Leonora Cue 2 827 Kalgoorlie 275 Boulder Ravensthorpe 1,091 Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil (b) Officers with dependants (subclause 42(4)): Double the appropriate rate as prescribed in (a) above for officers without dependants. The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after 1 July 2012. 2012 WAIRC 00739 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 RESPONDENTS CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 10 OF 2012 CITATION NO. 2012 WAIRC 00739 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne 1574 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondents 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 beginning of first pay period on or after 8 August 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 46. – Motor Vehicle Allowance: Delete subclause (5) of this clause and insert the following in lieu thereof: (5) Allowance for towing employer’s caravan or trailer. In cases where officers are required to tow the employer’s caravans on official business, the additional rate shall be 8.0 cents per kilometre. When the employer’s trailers are towed on official business the additional rate shall be 4.0 cents per kilometre. 2. 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 $189.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $189.00 in any one period of three (3) years. 3. Clause 50. – Removal Allowance: A. Delete subclause (1) of this clause and insert the following in lieu thereof: (1) When an employee is transferred in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee shall be reimbursed (a) The actual reasonable cost of conveyance of the employee and dependants. (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 $557.00 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 $3,342.00. (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00. 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 $1,037.00 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. 4. Schedule I - Clause 22. – Overtime Allowance: Delete Part II - Meals of this Schedule and insert the following in lieu thereof: PART II - MEALS (Operative from the first pay period commencing on or from 16 September 2011. Breakfast $10.30 per meal Lunch $12.65 per meal Evening Meal $15.20 per meal 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1575 5. Schedule O Annual Interstate Allowance Rates: Delete this Schedule and insert the following in lieu thereof: SCHEDULE O ANNUAL INTERSTATE ALLOWANCE RATES (Operative from the first pay period commencing on or from 16 September 2011 Single With Dependents $ $ Adelaide $2,862 $3,900 Brisbane $3,145 $4,195 Melbourne $3,180 $4,703 Sydney $4,897 $5,851 2012 WAIRC 00753 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 RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE MONDAY, 13 AUGUST 2012 FILE NO P 10 OF 2012 CITATION NO. 2012 WAIRC 00753 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Correcting Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent, and there being an error in the order of 10 August 2012, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the order of 10 August 2012 deposited in the office of the Registrar on 10 August 2012 be and is hereby corrected in the terms of the attached Schedule. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 46. – Motor Vehicle Allowance: Delete subclause (5) of this clause and insert the following in lieu thereof: (5) Allowance for towing employer’s caravan or trailer. In cases where officers are required to tow the employer’s caravans on official business, the additional rate shall be 8.0 cents per kilometre. When the employer’s trailers are towed on official business the additional rate shall be 4.0 cents per kilometre. 2. 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 $189.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $189.00 in any one period of three (3) years. 1576 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. 3. Clause 50. – Removal Allowance: A. Delete subclause (1) of this clause and insert the following in lieu thereof: (1) When an employee is transferred in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee shall be reimbursed (a) The actual reasonable cost of conveyance of the employee and dependants. (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 $557.00 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 $3,342.00. (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00. 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 $1,037.00 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. 4. Schedule I - Clause 22. – Overtime Allowance: Delete Part II - Meals of this Schedule and insert the following in lieu thereof: PART II - MEALS (Operative from the beginning of first pay period on or after 8 August 2012.) Breakfast $10.30 per meal Lunch $12.65 per meal Evening Meal $15.20 per meal 5. Schedule O Annual Interstate Allowance Rates: Delete this Schedule and insert the following in lieu thereof: SCHEDULE O ANNUAL INTERSTATE ALLOWANCE RATES (Operative from the beginning of first pay period on or after 8 August 2012.) Single With Dependents $ $ Adelaide $2,862 $3,900 Brisbane $3,145 $4,195 Melbourne $3,180 $4,703 Sydney $4,897 $5,851 2012 WAIRC 00733 GOVERNMENT OFFICERS (SOCIAL TRAINERS) AWARD 1988 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- DISABILITY SERVICES COMMISSION RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 4 OF 2012 CITATION NO. 2012 WAIRC 00733 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1577 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Government Officers (Social Trainers) Award 1988 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 1 July 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Schedule F - District Allowance: Delete this Schedule and insert the following in lieu thereof: SCHEDULE F. – DISTRICT ALLOWANCE (1) (a) Officers without dependants (subclause 40(3)(a)): COLUMN I COLUMN II COLUMN III COLUMN IV DISTRICT NO. STANDARD RATE $ p.a. EXCEPTIONS TO STANDARD RATE TOWN OR PLACE RATE $ p.a. 6 4,437 Nil Nil 5 3,469 Fitzroy Crossing 4,888 Halls Creek Turner River Camp Nullagine Liveringa (Camballin) 4,544 Marble Bar Wittenoom Karratha 4,273 Port Hedland 3,976 4 1,829 Warburton Mission 4,912 Carnarvon 1,723 3 1,152 Meekatharra 1,829 Mount Magnet Wiluna Laverton Leonora Cue 2 827 Kalgoorlie 275 Boulder Ravensthorpe 1,091 Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil (2) (b) Officers with dependants (subclause 40(3)(b)): (a) Double the appropriate rate as prescribed in (a) above for officers without dependants. The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after 1 July 2012. 1578 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. 2012 WAIRC 00745 GOVERNMENT OFFICERS (SOCIAL TRAINERS) AWARD 1988 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- DISABILITY SERVICES COMMISSION RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 16 OF 2012 CITATION NO. 2012 WAIRC 00745 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Government Officers (Social Trainers) Award 1988 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 8 August 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 40. – Relieving Allowance: Delete subclause (4) of this clause and insert the following in lieu thereof: (4) If an employee whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the employee shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $189.00 to cover incidental personal expenses: Provided that an employee shall receive no more than one lump sum of $189.00 in any one period of three (3) years. 2. Clause 46. – Removal Allowance: A. Delete paragraph (c) of subclause (1) of this clause and insert the following in lieu thereof: (c) An allowance of $557.00 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 $3,342.00. B. Delete paragraph (d) of subclause (1) of this clause and insert the following in lieu thereof: (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00. 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. C. 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 $1,037.00 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. 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1579 3. Schedule E – Overtime Allowance: Delete Part II - Meals of this Schedule and insert the following in lieu thereof: PART II - MEALS (Operative from first pay period commencing on and from ***date of hearing***) Breakfast $10.30 per meal Lunch $12.65 per meal Evening Meal $15.20 per meal 2012 WAIRC 00754 GOVERNMENT OFFICERS (SOCIAL TRAINERS) AWARD 1988 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- DISABILITY SERVICES COMMISSION RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE MONDAY, 13 AUGUST 2012 FILE NO P 16 OF 2012 CITATION NO. 2012 WAIRC 00754 Result Award varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Correcting Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent, and there being an error in the order of 10 August 2012, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the order of 10 August 2012 deposited in the office of the Registrar on 10 August 2012 be and is hereby corrected in the terms of the attached Schedule. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 45. – Relieving Allowance: Delete subclause (4) of this clause and insert the following in lieu thereof: (4) If an employee whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the employee shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $189.00 to cover incidental personal expenses: Provided that an employee shall receive no more than one lump sum of $189.00 in any one period of three (3) years. 2. Clause 46. – Removal Allowance: A. Delete paragraph (c) of subclause (1) of this clause and insert the following in lieu thereof: (c) An allowance of $557.00 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 $3,342.00. B. Delete paragraph (d) of subclause (1) of this clause and insert the following in lieu thereof: (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00. 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. 1580 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. C. 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 $1,037.00 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. Schedule E – Overtime Allowance: Delete Part II - Meals of this Schedule and insert the following in lieu thereof: PART II - MEALS (Operative from the beginning of first pay period on or after 8 August 2012.) Breakfast $10.30 per meal Lunch $12.65 per meal Evening Meal $15.20 per meal 2012 WAIRC 00740 GOVERNMENT OFFICERS (STATE GOVERNMENT INSURANCE COMMISSION) AWARD, 1987 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- INSURANCE COMMISSION OF WESTERN AUSTRALIA RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 11 OF 2012 CITATION NO. 2012 WAIRC 00740 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Government Officers (State Government Insurance Commission) Award, 1987 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 8 August 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Schedule C - Overtime Allowance: Delete Part II - Meals of this Schedule and insert the following in lieu thereof: PART II - MEALS (Operative from first pay period commencing on and from *date of hearing*) Breakfast $10.30 per meal Lunch $12.65 per meal Evening Meal $15.20 per meal Supper $10.30 per meal 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1581 2012 WAIRC 00734 JUVENILE CUSTODIAL OFFICERS' AWARD WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- COMMISSIONER DEPARTMENT OF CORRECTIVE SERVICES, DIRECTOR GENERAL, DEPARTMENT FOR CHILD PROTECTION RESPONDENTS CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 5 OF 2012 CITATION NO. 2012 WAIRC 00734 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondents and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Juvenile Custodial Officers' Award be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 1 July 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Schedule B - District Allowance: Delete this Schedule and insert the following in lieu thereof: SCHEDULE B – DISTRICT ALLOWANCE (a) Employees Without Dependants (clause 5.2.3(1)): (a) COLUMN I COLUMN II COLUMN III COLUMN IV DISTRICT NO. STANDARD RATE $ p.a. EXCEPTIONS TO STANDARD RATE TOWN OR PLACE RATE $ p.a. 6 4,437 Nil Nil 5 3,469 Fitzroy Crossing 4,888 Halls Creek Turner River Camp Nullagine Liveringa (Camballin) 4,544 Marble Bar Wittenoom Karratha 4,273 Port Hedland 3,976 1582 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. COLUMN I COLUMN II COLUMN III COLUMN IV DISTRICT NO. STANDARD RATE $ p.a. EXCEPTIONS TO STANDARD RATE TOWN OR PLACE RATE $ p.a. 4 1,829 Warburton Mission 4,912 Carnarvon 1,723 3 1,152 Meekatharra 1,829 Mount Magnet Wiluna Laverton Leonora Cue 2 827 Kalgoorlie 275 Boulder Ravensthorpe 1,091 Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil (b) Employees with dependants (clause 5.2.3(2)): Double the appropriate rate as prescribed in (a) above for employees without dependants. The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after 1 July 2012. 2012 WAIRC 00741 JUVENILE CUSTODIAL OFFICERS' AWARD WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- DIRECTOR GENERAL, DEPARTMENT FOR CHILD PROTECTION RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 12 OF 2012 CITATION NO. 2012 WAIRC 00741 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1583 Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Juvenile Custodial Officers’ Award be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 8 August 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 5.4. – Motor Vehicle Allowance: Delete subclause 5.4.5 of this clause and insert the following in lieu thereof: 5.4.5 Allowance for towing the employer’s caravan or trailer. In case where employees are required to tow the employer’s caravans on official business, the additional rate shall be 8.0 cents per kilometre. When the employer’s trailers are towed on official business the additional rate shall be 4.0 cents per kilometre. 2. Clause 5.7. – Relieving Allowance: Delete subclause 5.7.4. of this clause and insert the following in lieu thereof: 5.7.4 If an employee whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the employee shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $189.00 to cover incidental personal expenses: Provided that an employee shall receive no more than one lump sum of $189.00 in any one period of three years. 3. Clause 5.8. – Removal Allowance: A. Delete paragraph (3) of subclause 5.8.1 of this clause and insert the following in lieu thereof: (3) An allowance of $557.00 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 $3,342. B. Delete paragraph (4) of subclause 5.8.1 of this clause and insert the following in lieu thereof: (4) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00. 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. C. Delete subclause 5.8.6 of this clause and insert the following in lieu thereof: 5.8.6 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 $1,037.00 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. 2012 WAIRC 00731 PUBLIC SERVICE AWARD 1992 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- SCHOOL CURRICULUM AND STANDARDS AUTHORITY, CHEMISTRY CENTRE (WA), COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE RESPONDENTS CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 2 OF 2012 CITATION NO. 2012 WAIRC 00731 1584 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondents and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Public Service Award 1992 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 1 July 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Schedule D - District Allowance: Delete this Schedule and insert the following in lieu thereof: SCHEDULE D - DISTRICT ALLOWANCE (a) Officers Without Dependants (subclause 43(3)(a)): COLUMN I COLUMN II COLUMN III COLUMN IV DISTRICT NO STANDARD RATE $ p.a. EXCEPTIONS TO STANDARD RATE TOWN OR PLACE RATE $ p.a. 6 4,437 Nil Nil 5 3,469 Fitzroy Crossing 4,888 Halls Creek Turner River Camp Nullagine Liveringa (Camballin) 4,544 Marble Bar Wittenoom Karratha 4,273 Port Hedland 3,976 4 1,829 Warburton Mission 4,912 Carnarvon 1,723 3 1,152 Meekatharra 1,829 Mount Magnet Wiluna Laverton Leonora Cue 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1585 COLUMN I COLUMN II COLUMN III COLUMN IV DISTRICT NO STANDARD RATE $ p.a. EXCEPTIONS TO STANDARD RATE TOWN OR PLACE RATE $ p.a. 2 827 Kalgoorlie 275 Boulder Ravensthorpe 1,091 Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil (b) Officers with dependants (subclause 43(3)(b)): Double the appropriate rate as prescribed in (a) above for officers without dependants. The allowances prescribed in this schedule shall operate from the beginning of the first pay period commencing on or after 1 July 2012. 2012 WAIRC 00738 PUBLIC SERVICE AWARD 1992 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- SCHOOL CURRICULUM AND STANDARDS AUTHORITY, CHEMISTRY CENTRE (WA), COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE RESPONDENTS CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 9 OF 2012 CITATION NO. 2012 WAIRC 00738 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne 1586 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondents and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Public Service Award 1992 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 8 August 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 47 – Motor Vehicle Allowances: Delete subclause (5) of this clause and insert the following in lieu thereof: (5) Allowance for towing Departmental caravan or trailer In case where officers are required to tow departmental caravans on official business, the additional rate shall be 8.0 cents per kilometre. When departmental trailers are towed on official business the additional rate shall be 4.0 cents per kilometre. 2. Clause 50 – Relieving Allowance: Delete subclause (4) of this clause and insert the following in lieu thereof: (4) 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 $189.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $189.00 in any one period of three (3) years. 3. Clause 51 – Removal Allowance: A. Delete subclause (1) of this clause and insert the following in lieu thereof: (1) When an employee is transferred in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee shall be reimbursed: (a) The actual reasonable cost of conveyance of the employee and dependants. (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 $557.00 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 $3,342.00. (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00. 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 $1,037.00 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. 4. Schedule H - Overtime: Delete Part II - Meals of this schedule and insert the following in lieu thereof: PART II – MEALS (Operative from the first pay period commencing on or from *date of hearing*) Breakfast $10.30 per meal Lunch $12.65 per meal Evening Meal $15.20 per meal Supper $10.30 per meal 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1587 2012 WAIRC 00752 PUBLIC SERVICE AWARD 1992 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- SCHOOL CURRICULUM AND STANDARDS AUTHORITY, CHEMISTRY CENTRE (WA), COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE MONDAY, 13 AUGUST 2012 FILE NO P 9 OF 2012 CITATION NO. 2012 WAIRC 00752 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Correcting Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondent, and there being an error in the order of 10 August 2012, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the order of 10 August 2012 deposited in the office of the Registrar on 10 August 2012 be and is hereby corrected in the terms of the attached Schedule. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 47 – Motor Vehicle Allowances: Delete subclause (5) of this clause and insert the following in lieu thereof: (5) Allowance for towing Departmental caravan or trailer In case where officers are required to tow departmental caravans on official business, the additional rate shall be 8.0 cents per kilometre. When departmental trailers are towed on official business the additional rate shall be 4.0 cents per kilometre. 2. Clause 50 – Relieving Allowance: Delete subclause (4) of this clause and insert the following in lieu thereof: (4) 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 $189.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $189.00 in any one period of three (3) years. 3. Clause 51 – Removal Allowance: A. Delete subclause (1) of this clause and insert the following in lieu thereof: (1) When an employee is transferred in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee shall be reimbursed: (a) The actual reasonable cost of conveyance of the employee and dependants. (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 $557.00 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 $3,342.00. (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $188.00. 1588 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. 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 $1,037.00 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. 4. Schedule H - Overtime: Delete Part II - Meals of this schedule and insert the following in lieu thereof: PART II – MEALS (Operative from the beginning of first pay period on or after 8 August 2012) Breakfast $10.30 per meal Lunch $12.65 per meal Evening Meal $15.20 per meal Supper $10.30 per meal AWARDS/AGREEMENTS—Variation of— 2012 WAIRC 00746 PARLIAMENTARY EMPLOYEES AWARD 1989 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED APPLICANT -v- THE GOVERNOR OF WESTERN AUSTRALIA IN COUNCIL, THE PRESIDENT OF THE LEGISLATIVE COUNCIL, THE SPEAKER OF THE LEGISLATIVE ASSEMBLY, AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH RESPONDENTS CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER S J KENNER DATE FRIDAY, 10 AUGUST 2012 FILE NO P 17 OF 2012 CITATION NO. 2012 WAIRC 00746 Result Award Varied Representation Applicant Mr M Sims Respondent Mr A Harper and with him Ms N Pyne Order HAVING heard Mr M Sims on behalf of the applicant and Mr A Harper and with him Ms N Pyne on behalf of the respondents and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders – THAT the Parliamentary Employees Award 1989 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of first pay period on or after 8 August 2012. (Sgd.) S J KENNER, Commissioner, [L.S.] Public Service Arbitrator. SCHEDULE 1. Clause 9. – Meal Allowance: Delete Subclause (1) of this clause and insert the following in lieu thereof: (1) An employee who is required to work overtime under Clause 7 of this Award and where such overtime extends beyond 5.00 p.m., a meal allowance shall be paid in accordance with the provisions of the Public Service Overtime Award No. 10 92 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1589 of 1978 Clause 8 as amended. Provided that where such overtime extends beyond 6.00 a.m. the following day, an allowance of $15.20 or the amount charged by the House, whichever is the higher, for such a three course meal shall be paid. AGREEMENTS—Industrial—Retirement from— 2012 WAIRC 00726 NOTICE WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION No. APPL 42 of 2012 IN THE MATTER of the Industrial Relations Act 1979 and IN THE MATTER of the filing in the Office of the Registrar of a Notice of Retirement from Industrial Agreement in accordance with section 41(7) of the said Act The Department of the Premier and Cabinet will cease to be a party to the State Law Publisher Industrial Agreement 2010, No AG 7 of 2010 on and from the 7th day of September 2012. DATED THIS 8th DAY OF AUGUST 2012. (Sgd.) S BASTIAN, [L.S.] Registrar. INDUSTRIAL MAGISTRATE—Claims before— 2012 WAIRC 00447 WESTERN AUSTRALIAN INDUSTRIAL MAGISTRATES COURT