Benchmark WA Industrial Relations Case Database

Civil Service Association of Western Australia Incorporated v Department of Education

[2023] WAIRC 167 Single Commissioner (WAIRC) 2023-03-28 File: P 4/2022
Source
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Civil Service Association of Western Australia Incorporated
Respondent: Department of Education

Ratio

The Public Service Arbitrator granted the CSA's application to vary the Education Department Ministerial Officers Salaries, Allowances and Conditions Award 1983 by consent, updating salary schedules and allowances in accordance with CPI increases from 2014-2022 and the 2022 State Wage Case Principle 6, with the parties agreeing to all proposed variations including renaming the award.

Outcome

For applicant granted

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 7

  • Application filed by CSA on 21 December 2022 pursuant to s 40 IR Act 1979 (WA)
  • Applicant sought to update allowances and salary rates schedules in the Award
  • Proposed variations included replacing Schedule I with updated Expired General Agreement salaries, increasing various allowances by CPI from 2014-2022, and updating the Award title
  • Respondent Department of Education agreed to all proposed variations with minor amendments
  • Parties agreed the title should be amended to 'Department of Education (School Support Officers) Award'
  • Parties consented to the application being determined on the papers
  • Public Service Arbitrator satisfied that amendments did not affect substantive scope of the Award

Factors

For
  • Variations are by consent of both parties
  • CSA is a named party in Schedule A of the Award, giving it standing to apply
  • Proposed variations accord with Principle 6 of the 2022 State Wage Case Statement of Principles
  • Amendments do not affect substantive change to scope of the Award or area of operation
  • Application was not made within a term specified in the Award
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s40
  • School Education Act 1999

Concept tags · 5

[P]Award variation [P]Consent orders [S]Award (WA state system) [S]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Standing to bring application

Principles · 1

cites para ?
Variations to awards for CPI increases and salary adjustments should accord with Principle 6 of the Statement of Principles made in the State Wage Case
Archived text (1319 words)
EDUCATION DEPARTMENT MINISTERIAL OFFICERS SALARIES, ALLOWANCES AND CONDITIONS AWARD 1983 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Civil Service Association of Western Australia Incorporated APPLICANT -v- Department of Education RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR Senior Commissioner R Cosentino DATE TUESday, 28 March 2023 FILE NO/S P 4 OF 2022 CITATION NO. 2023 WAIRC 00167 Result Award varied Representation (on the papers) Applicant Civil Service Association of Western Australia Incorporated Respondent Department of Education Order WHEREAS this is an application filed by the Civil Service Association of Western Australia Incorporated (CSA) on the 21 December 2022 to vary the Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No 5 of 1983 pursuant to s 40 of the Industrial Relations Act 1979 (WA); AND WHEREAS the grounds for the application are to update the allowances and salary rates schedule contained in the Award as follows: (a) replacing Schedule I – Expired General Agreement Salaries with the most recent Expired General Agreement salaries; (b) increasing relieving, motor vehicle and removal related allowances by relevant CPI increases from March 2018 to March 2022; (c) increasing overtime meal allowances by relevant CPI increases from March 2014 to March 2022; (d) increasing towing allowances by relevant CPI increases from December 2008 to March 2022; and (e) increasing salary based allowances in accordance with the proposed updated Schedule I. AND WHEREAS the CSA is a named party listed in Schedule A of the Award, and therefore has standing to make the application; AND WHEREAS the respondent, represented by Government Sector Labour Relations, agrees to the proposed variations, with some minor amendments. The respondent has also proposed some minor wording changes to the Award’s scope clause to more accurately reflect the employing entity; AND WHEREAS the parties advised that they also consented to the title of the Award being amended to ‘Department of Education (School Support Officers) Award’ consistent with the updated scope clause; AND WHEREAS all the variations described above are by consent; AND WHEREAS the proposed variations are in accordance with Principle 6 of the Statement of Principles made in the 2022 State Wage Case; AND WHEREAS the parties consented to the application being determined on the papers; AND BEING satisfied that: (a) the amendments proposed do not affect any substantive change to the scope of the Award or its area of operation; (b) the application is not made within a term specified in the Award; and (c) the requirements for varying the Award are met; NOW THEREFORE, the Public Service Arbitrator, pursuant to the powers conferred under the Act, 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 the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after the date of this order. Senior Commissioner R Cosentino PUBLIC SERVICE ARBITRATOR SCHEDULE 1. Clause 1. – TITLE: Delete this Clause and insert in lieu thereof the following: 1. – TITLE This Award shall be known as the Department of Education (School Support Officers) Award and shall supersede and replace the Education Department Ministerial Officers Salaries, Allowances and Conditions Award 1978, No. 6 of 1978 insofar as it refers to officers other than Professional Librarians. 2. Clause 3. – SCOPE: Delete this Clause and insert in lieu thereof the following: 3. – SCOPE This Award shall apply to all Government Officers employed by the Director General, Department of Education, in an administrative, clerical or general capacity who are not employed under the Government Officers Salaries, Allowances and Conditions Award 1989 or the Public Service Award 1992. It also does not apply to any officer employed on the teaching staff under provisions of the School Education Act 1999, or the regulations made under the School Education Act 1999, or to any child care worker. 3. Clause 37. – MOTOR VEHICLE ALLOWANCE: Delete subclause (5) of this Clause and insert in lieu thereof the following: (5) Allowance for towing Employer’s caravan or trailer. In case where officers are required to tow employers’ caravans on official business, the additional rate shall be 10.0 cents per kilometre. When employers’ trailers are towed on official business the additional rate shall be 4.5 cents per kilometre. 4. Clause 40. – RELIEVING ALLOWANCE: Delete subclause (4) of this Clause and insert in lieu thereof the following: (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 $233.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $233.00 in any one period of three years. 5. Clause 41. – REMOVAL ALLOWANCE: A. Delete subclauses (1)(c) and (1)(d) of this Clause and insert in lieu thereof the following: (c) An allowance of $633.00 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 $3,792.00. (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to maximum amount of $233.00. B. Delete subclause (6) of this Clause and in lieu thereof the following: (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 $1,178.00 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. C. Delete subclause (3)(e) of this Clause and in lieu thereof the following: (e) If the employee tows the caravan, trailer or boat to the new residence, the additional rate per kilometre is to be 4.0 cents per kilometre for a caravan or boat and 2.5 cents per kilometre for a trailer. 6. SCHEDULE G – OVERTIME ALLOWANCE A. Delete Part I – OUT OF HOURS CONTACT of this Schedule and insert in lieu thereof the following: PART I – OUT OF HOURS CONTACT (Operative on and from first pay period after date of hearing) Standby $11.54 per hour On Call $5.77 per hour Availability $2.88 per hour Subclause 57(2) of this Award defines annual salary for calculation purposes. B. Delete Part II – MEALS of this Schedule and insert in lieu thereof the following: PART II – MEALS (Operative from the first pay period commencing on or from date of hearing) Breakfast $12.05 per meal Lunch $14.85 per meal Evening Meal $17.80 per meal Supper $12.05 per meal 7. SCHEDULE I – EXPIRED GENERAL AGREEMENT SALARIES: Delete this Schedule and insert in lieu therefore the following: SCHEDULE I – EXPIRED GENERAL AGREEMENT SALARIES Classification Level Annual Salary on and from 13 June 2021 (Not to be subjected to arbitrated safety net adjustments) Level 1 (Junior) Under 17 years $27,264 17 years $31,587 18 years $35,908 19 years $40,233 20 years $44,556 Officer Level 1 Year 1 $50,639 Year 2 $53,258 Year 3 $56,017 Year 4 $58,514 Officer Level 2 Year 1 $60,189 Year 2 $61,693 Year 3 $63,277 Year 4 $64,931 Officer Level 3 Year 1 $68,326 Year 2 $70,084 Year 3 $71,895 Year 4 $73,754 Officer Level 4 Year 1 $76,305 Year 2 $78,303 Year 3 $80,358 Officer Level 5 Year 1 $84,324 Year 2 $86,997 Year 3 $89,778 Year 4 $92,666