GOVERNMENT OFFICERS SALARIES, ALLOWANCES AND CONDITIONS AWARD 1989 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Civil Service Association of Western Australia Incorporated APPLICANT -v- Agricultural Produce Commission and Others RESPONDENTS CORAM PUBLIC SERVICE ARBITRATOR Senior Commissioner R Cosentino DATE TUESday, 28 MARCH 2023 FILE NO P 9 OF 2022 CITATION NO. 2023 WAIRC 00165 Result Award varied Representation (on the papers) Applicant Civil Service Association of Western Australia Incorporated Respondents Agricultural Produce Commission and others 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 Government Officers Salaries, Allowances and Conditions Award 1989 pursuant to s 40 of the Industrial Relations Act 1979 (WA); AND WHEREAS the grounds for the application are to: (a) update the Schedule A – List of Respondents to add 4 new respondents; (b) replace Schedule P – Expired General Agreement Salaries to reflect the current expired general agreement salary rates; (c) substitute references to the now non-existent Level 1.7 with Level 1.4 where calculations refer to the Level 1.7 salary; (d) increase various salary related allowances in line with the increased salary rates; (e) increase several allowances based on State Wage Case increases since 2018 when those allowances were last increased; and (f) Increase several expense related allowances in accordance with relevant CPI changes since the allowances were last increased, or if not previously increased, since their introduction into the Award; AND WHEREAS the CSA is a named party listed in Schedule N of the Award, and therefore has standing to make the application; AND WHEREAS the respondents, represented by Government Sector Labour Relations, agree to the proposed variations, with some minor amendments. The respondents have also proposed additional variations which the CSA has agreed to, namely: (a) substituting a new Clause 25(5) dealing with public holidays occurring during a period of long service leave; and (b) changes to Schedule B to accurately reflect the current names of relevant employing authorities; AND WHEREAS the parties agree that the variations be made by consent; AND WHEREAS the proposed addition of four new respondents does not have the effect of extending the coverage of the Award to employees to whom another existing award applies, for the purpose of s 38(4) of the Act; AND WHEREAS the proposed increases to allowances 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 Government Officers Salaries, Allowances and Conditions Award 1989 be varied in accordance with the attached 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 2 – ARRANGEMENT: Delete ‘Schedule A – List of Respondents’ and insert in lieu thereof the following: Schedule A Named Parties 2. Clause 21. – SHIFT WORK ALLOWANCE: Delete subclause (2)(a)(ii) of this Clause and insert in lieu thereof the following: (ii) Notwithstanding the above, the minimum amount payable per shift to an employee required to work afternoon or night shift will be the allowance payable to an employee with an annual salary of Level 1.4 using the formula at clause 21(2)(a)(i). 3. Clause 25. – LONG SERVICE LEAVE: Delete subclause (5) of this Clause and insert in lieu thereof the following: (5) Any public holiday prescribed in Clause 24. – Public Holidays of this Award or days in lieu of the repealed public service holidays occurring during an officer’s absence on long service leave shall be deemed to be a portion of the long service leave and extra days in lieu thereof shall not be granted. 4. Clause 46. – 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 cases where officers are required to tow the employer’s caravans on official business, the additional rate shall be 10.0 cents per kilometre. When the employer’s trailers are towed on official business the additional rate shall be 4.5 cents per kilometre. 5. Clause 49. - RELIEVING ALLOWANCE: Delete subclause (1)(d) of this Clause and insert in lieu thereof the following: (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 $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 (3) years. 6. Clause 50. - REMOVAL ALLOWANCE: A. Delete subclause (1)(c) 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. B. Delete subclause (1)(d) of this Clause and insert in lieu thereof the following: (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $233.00. 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 (3)(e) of this Clause and insert 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. D. Delete subclause (6) of this Clause and insert 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. 7. Clause 55. – MORTUARY ALLOWANCE: Delete subclause (1) of this Clause and insert in lieu thereof the following: (1) Laboratory Technicians and Assistants employed by the Board of Western Australia Centre for Pathology and Medical Research, engaged in mortuary duties associated with Coronial Inquiries shall receive an allowance of $2,727.00 per annum, payable by fortnightly instalments. 8. SCHEDULE A – LIST OF RESPONDENTS: Delete this Schedule and insert in lieu thereof the following: SCHEDULE A – NAMED PARTIES The Civil Service Association of Western Australia Incorporated and The employing authority of each of the following: Agricultural Produce Commission Albany Cemetery Board Animal Resources Authority Architects Board of Western Australia Botanic Gardens and Parks Authority Building and Construction Industry Training Fund Bunbury Cemetery Board Central Regional TAFE Construction Industry Long Service Leave Payments Board (My Leave) Corruption and Crime Commission Department of Biodiversity, Conservation and Attractions Department of Communities Department of Education Department of Jobs, Tourism, Science and Innovation Department of Local Government, Sport and Cultural Industries Department of Primary Industries and Regional Development Department of Training and Workforce Development Disability Services Commission Forest Products Commission Geraldton Cemetery Board Infrastructure WA Kalgoorlie-Boulder Cemetery Board Keep Australia Beautiful Council (WA) Legal Aid Commission of Western Australia Legal Practice Board of Western Australia Lotteries Commission Western Australia Metropolitan Cemeteries Board Minerals Research Institute of Western Australia North Metropolitan Health Service (Salaried Officers in Dental Health Services, other than Dentists and Dental Technicians) North Metropolitan TAFE North Regional TAFE Office of the Information Commissioner Parliamentary Commissioner for Administrative Investigations (Ombudsman Western Australia) Perth Theatre Trust QEII Medical Centre Trust School Curriculum and Standards Authority Small Business Development Corporation South Metropolitan TAFE South Regional TAFE Teacher Registration Board of Western Australia The Burswood Park Board The Hon. Premier, the Hon. Deputy Premier and all Ministers of the Crown in the right of the State of Western Australia as they be from time to time. The National Trust of Australia (W.A.) Veterinary Surgeons Board Western Australia Western Australian Land Information Authority (Landgate) Western Australian Sport Centre Trust (VenuesWest) Western Australian Tourism Commission (Tourism Western Australia) Zoological Parks Authority 9. SCHEDULE B – GOVERNMENT OFFICERS NOT COVERED BY THE SCOPE OF THIS AWARD: Delete this Schedule and insert in lieu thereof the following: SCHEDULE B – GOVERNMENT OFFICERS NOT COVERED BY THE SCOPE OF THIS AWARD Social Trainers employed by the Authority for the Intellectually Handicapped Persons. Group Workers and Senior Group Workers employed by the Hon Minister for Community Services. Supervisory Staff employed by the Director General of the Department of Education and employed in accordance with the provisions of the Department of Education (Residential College Supervisors) Award 2005. Salaried Officers employed by the Director General, Department of Education, in an administrative, clerical or general capacity and who are covered by the provisions of the Education Department Ministerial Officers Salaries Allowances and Conditions Award No. 5 of 1983. Salaried Officers of any Public Authority, excluding the Lotteries Commission of Western Australia or however so named, covered by an Award to which the Federated Clerks Union of Australia, W.A. Branch is a party as at March 1, 1985. Salaried Officers of any Public Authority or Hospital covered by an Award to which the Hospital Salaried Officers Association of Western Australia is a party as at March 1, 1985. Salaried Officers of any Public Authority covered by an Award of the Australian Industrial Relations Commission. Salaried Officers employed by the Metropolitan Transport Trust covered by an award to which the MTT Salaried Officers Association is a party as at March 1, 1985. Salaried Officers employed by the Commissioner for Railways. Salaried Officers of the Perth Dental Hospital other than Dentists, Dental Therapists and Dental Clinic Assistants. Managerial Staff, Group Workers and Child Care Staff employed in hostels of the Department for Community Services. Group Leaders and Peer Group Leaders employed by the Director General, Department for Community Services. Workmen's Inspectors of Mines appointed pursuant to the provisions of the Mines Regulation Act 1946 - 1974 and the Coal Mines Regulation Act 1946 - 1976. Salaried officers of the Western Australian Centre for Pathology and Medical Research who are eligible for membership of the Western Australian Branch of the Australian Medical Association Incorporated. 10. SCHEDULE I – CLAUSE 22 – OVERTIME ALLOWANCE: Delete Part I – OUT OF HOURS CONTACT of this Schedule and insert in lieu thereof following: PART I – OUT OF HOURS CONTACT (Operative on and from first pay period commencing on or from the date of hearing) Standby $12.30 per hour On Call $6.15 per hour Availability $3.08 per hour Subclause 65(2) – Expired General Agreement Salaries 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 on and from first pay period commencing on or from the date of hearing) Breakfast $12.05 per meal Lunch $14.85 per meal Evening Meal $17.80 per meal (Operative from the first pay period commencing on or from date of hearing) 11. SCHEDULE K – SHIFTWORK ALLOWANCE: Delete this Schedule and insert the following in lieu thereof the following: SCHEDULE K – SHIFT WORK ALLOWANCE (Operative from the first pay period commencing on or from date of hearing) An officer required to work a weekday afternoon or night shift of seven and one half (7.5) hours worked, will in addition to the ordinary rate of salary, be paid an allowance in accordance with the following formula for each shift so worked. Shiftwork Allowance = : 15 100 A minimum shift work allowance of $35.85 is payable for each afternoon or night shift of seven and one half (7.5) hours worked. 12. SCHEDULE L – OTHER ALLOWANCES: Delete this Schedule and insert in lieu thereof the following: SCHEDULE L – OTHER ALLOWANCES (1) Diving – (Clause 44) $8.94 per hour or part thereof. (2) Flying – (Clause 45) (a) Observation and photographic duties in fixed wing aircraft – $16.51 per hour or part thereof. (b) Cloud seeding and fire bombing duties, observation and photographic duties involving operations in which fixed wing aircraft are used at heights less than 304 metres or in unpressurised aircraft at heights more than 3048 metres – $22.65 per hour or part thereof. (c) When required to fly in a helicopter on fire bombing duties observation and photographic duties or stock surveillance – $31.32 per hour or part thereof. (3) Sea Going Allowances – (Clause 51) (a) Victualling (i) Government Vessel – meals on board not prepared by a cook – $42.30 per day. (ii) Government Vessel – meals on board are prepared by a cook – $31.70 per day. (iii) Non Government Vessel – $38.50 each overnight period. (b) Hard Living Allowance – 0.88 cents per hour or part thereof. 13. SCHEDULE O – ANNUAL INTERSTATE ALLOWANCE RATES: Delete this Schedule and insert in lieu thereof the following: SCHEDULE O – ANNUAL INTERSTATE ALLOWANCE RATES (Operative from the first pay period commencing on or from date of hearing) With Dependents $ Adelaide : 4,791 Brisbane : 5,261 Melbourne : 5,848 Sydney : 7,246 14. SCHEDULE P – EXPIRED GENERAL AGREEMENT SALARIES: Delete this Schedule and insert in lieu thereof the following: SCHEDULE P – EXPIRED GENERAL AGREEMENT SALARIES Salaries Classification Level Annual Salary on and from 13 June 2021 (Not to be subjected to arbitrated safety net adjustments) Level 1 Under 17 years $28,869 17 years $33,504 18 years $38,139 19 years $42,776 20 years $47,409 1.1 $53,930 1.2 $56,742 1.3 $59,698 1.4 $62,376 Level 2.1 $64,172 2.2 $65,781 2.3 $67,482 2.4 $69,256 Level 3.1 $72,896 3.2 $74,781 3.3 $76,723 3.4 $78,717 Level 4.1 $81,452 4.2 $83,593 4.3 $85,797 Level 5.1 $90,047 5.2 $92,915 5.3 $95,896 5.4 $98,994 Level 6.1 $103,966 6.2 $107,350 6.3 $110,853 6.4 $114,590 Level 7.1 $120,725 7.2 $124,701 7.3 $129,033 Level 8.1 $136,296 8.2 $141,348 8.3 $147,609 Level 9.1 $155,689 9.2 $160,981 9.3 $167,015 Class 1 $176,438 Class 2 $185,588 Class 3 $194,725 Class 4 $203,869 Specified Callings Classification Level Annual Salary on and from 13 June 2021 (Not to be subjected to arbitrated safety net adjustments) SC Level 1 $70,165 1.1 $73,597 1.2 $77,405 1.3 $82,164 1.4 $89,542 1.5 $94,345 SC Level 2.1 $96,548 2.2 $99,634 2.3 $102,845 2.4 $106,179 SC Level 3.1 $111,533 3.2 $115,176 3.3 $118,944 3.4 $122,969 SC Level 4.1 $126,885 4.2 $131,074 4.3 $135,636 SC Level 5.1 $143,046 5.2 $148,358 5.3 $154,940 SC Level 6.1 $163,164 6.2 $168,719 6.3 $175,055 SC Level 7 $184,637 SC Level 8 $194,220 SC Level 9 $203,794 SC Level 10 $213,375