Civil Service Association of Western Australia Incorporated v Agricultural Produce Commission, 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
Commissioner Emmanuel
Not yet cited by other cases
Applicant: Civil Service Association of Western Australia Incorporated
Respondents: Agricultural Produce Commission & ORS
Ratio
The WAIRC varied the Government Officers Salaries, Allowances and Conditions Award 1989 by consent, replacing the 1976 Public Service Arbitrator methodology for updating travelling, camping, relieving and transfer allowances with a new methodology tied to annual ATO Taxation Determinations (Tables 3 and 4), updating named parties to Schedule A, and setting new rates in Schedule J effective from the first pay period following the order date.
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 · 8
- CSA filed application on 11 June 2024 to amend named parties in Schedule A and allowances in Schedules F and J
- GSLR objected on basis that the 1976 methodology was no longer fit for purpose
- Parties agreed to develop alternative proposal to replace existing methodology
- On 18 November 2024, parties confirmed agreement on revised methodology
- New methodology ties allowance updates to ATO Taxation Determination 2025/4 (Tables 3 and 4)
- Annual circular to be issued by GSLR to update allowances in accordance with ATO TD movements
- If ATO TD rates reduce, previous year's rates continue to apply
- Application determined on the papers with consent of both parties
Factors
For
- Agreement reached between parties on revised methodology for updating allowances
- New methodology based on objective ATO TD rates rather than 1976 arbitrator decision
- Methodology contains clear process for managing annual updates and disputes
- Provisions address management of location additions/removals from ATO TD
- Updated allowance rates reflect current reasonable amounts for taxation purposes
Against
Concept tags · 3
Principles · 4
articulates para 2
Award allowances for official travel may be updated annually to reflect changes in reasonable amounts specified in ATO Taxation Determinations, providing a mechanism for objective, regular adjustment without requiring further award variation applications.
articulates para 2
Where an ATO Taxation Determination establishes reduced allowance rates compared to previous determinations, the employer must apply a 'floor' principle—the previous year's rates continue to apply until surpassed by higher rates in a subsequent determination.
articulates para 3
For travelling allowance purposes, an employee may use the total daily food and drink allowance to purchase groceries while travelling rather than purchasing three separate meals, and receipts are not required unless seeking reimbursement for excess expenses.
articulates para 3
Where the ATO Taxation Determination is modified in a manner not contemplated by the award methodology, either party may refer the dispute to the WAIRC as an industrial matter for resolution.
Archived text (5394 words)
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 & ORS
RESPONDENTS
CORAM Commissioner T Emmanuel
DATE Friday, 19 December 2025
FILE NO/S P 11 OF 2024
CITATION NO. 2025 WAIRC 01000
Result Award varied
Representation
Applicant Ms K Boey (of counsel)
Respondents Ms J Broderick (as agent)
Order
WHEREAS this is an application to vary an award under s 40 of the Industrial Relations Act 1979 (WA);
AND WHEREAS the Civil Service Association of Western Australia Incorporated (CSA) filed an application on 11 June 2024, seeking to amend the named parties in Schedule A and the allowances in Schedule J – Travelling, Transfer and Relieving Allowance and Schedule F – Clause 41. – Camping Allowance of the Government Officers Salaries, Allowances and Conditions Award 1989;
AND WHEREAS on 11 July and 24 July 2024, the CSA amended its application;
AND WHEREAS on 13 August 2024, the Government Sector Labour Relations (GSLR) division of the then Department of Energy, Mines, Industry Regulation and Safety, as agent, filed its response objecting to the application on the basis that the methodology the CSA relied on (currently contained in a 1976 Public Service Arbitrator decision) is no longer fit for purpose;
AND WHEREAS on 15 August 2024, the GSLR filed its amended response;
AND WHEREAS on 27 August and 30 October 2024, the parties attended scheduling conferences;
AND WHEREAS the GSLR agreed to develop an alternative proposal to replace the existing methodology for updating the allowances under Schedule J;
AND WHEREAS on 18 November 2025, the CSA emailed Commissioner Emmanuel’s chambers to confirm that the parties have reached agreement on the revised methodology, providing the Commission with a copy of the agreed replacement clauses and revised Travelling Allowance Methodology, and the parties wish to vary the Government Officers Salaries, Allowances and Conditions Award 1989 accordingly;
AND WHEREAS the parties ask the Commission to determine application P 11 of 2024 on the papers;
AND HAVING heard from Ms K Boey (of counsel) on behalf of the applicant and Ms J Broderick (as agent) on behalf of the respondents;
NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders by consent –
THAT Schedules 1 – 5 as annexed to this order replace the documents filed on 11 June 2024 and clauses 41 and 53 and Schedules A and J of the Government Officers Salaries, Allowances and Conditions Award 1989 are varied in accordance with Schedules 1, 2, 4 and 5;
THAT Schedule 3 as annexed to this order sets out the mechanism for future adjustments to the allowances in Schedule J of the Government Officers Salaries, Allowances and Conditions Award 1989; but does not itself form part of the Government Officers Salaries, Allowances and Conditions Award 1989;
3. THAT clauses 49 and 52 of the Government Officers Salaries, Allowances and Conditions Award 1989 are varied in accordance with Schedules 6 – 7 as annexed to this order; and
4. THAT the amended rates in Schedule J of the Government Officers Salaries, Allowances and Conditions Award 1989 apply from the first pay period commencing on or after the date of this order.
Commissioner T Emmanuel
SCHEDULE 1
1. Delete Clause 53 and insert the following in lieu thereof:
53. - TRAVELLING ALLOWANCE
An officer who travels on official business approved by the Employer is entitled to reasonable accommodation, meal and incidental expenses on the following basis:
When a trip involves an overnight stay away from headquarters and the officer is supplied with accommodation and meals free of charge, they are entitled to the rate in Column A, Item (1) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award for incidental expenses. Where only some of an officer’s meals are supplied, they are entitled to the rate in Column A, Item (1), and the applicable rate in Column A, Item (8) for each meal that is not supplied.
When a trip involves an overnight stay away from headquarters and the officer is fully responsible for their own accommodation, meals and incidental expenses:
where a hotel, motel, serviced apartment or short-term rental accommodation is used, the officer is entitled to the applicable rate in Column A, Items (2) to (6) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award for incidental, meal and accommodation expenses; or
where accommodation other than that listed in clauses 53(2)(a), 41(1)(a), and 41(1)(c) is used, the officer is entitled to the rate in Column A, Item (7) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award for incidental and meal expenses.
When a trip involves an overnight stay away from headquarters and the officer is supplied with accommodation only free of charge, they are entitled to the rate prescribed in Column A, Item (7) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award for incidental and meal expenses.
When an officer is required to travel on official business to or from a place outside a radius of fifty (50) kilometres from the officer's headquarters, and the trip does not involve an overnight stay, the officer is entitled to:
the rate in Column A, Item (1) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award for incidental expenses; and
the applicable rate in Column A, Item (8) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award for meal expenses, on a pro rata basis, according to the meals the officer would ordinarily consume during the relevant times they are travelling.
Where an officer departs from headquarters before 8.00 am and does not arrive back at headquarters until after 11.00 pm on the same day, subclause (4) does not apply. Instead, officers are entitled to the applicable rate in Column A, Items (2) to (6) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award.
When it can be shown to the satisfaction of the Employer by the production of receipts that the rates in Schedule J. - Travelling, Transfer and Relieving Allowance of this Award do not cover an officer's reasonable expenses for a whole trip, the officer will be reimbursed the excess expenditure.
In addition to the rates contained in Schedule J. - Travelling, Transfer and Relieving Allowance of this Award, an officer will, on the production of receipts, be reimbursed reasonable incidental expenses, including train, bus and taxi or ride share fares, official telephone calls, laundry and dry cleaning expenses.
Where, due to an officer’s lack of proximity to an airport or train station, overnight accommodation is required before commencing official business travel on early morning transport, the officer will be supplied with accommodation at no charge.
The payment of allowances under this clause will not be suspended should an officer become ill while travelling, provided leave for the period of such illness is approved in accordance with Clause 26. - Sick Leave of this Award, and the officer continues to incur accommodation, meal and incidental expenses.
Where an officer is entitled to an allowance under this clause, the officer may request that the allowance be paid:
as a lump sum for the entire period of official travel; and
in advance of the officer travelling.
The Employer must give reasonable consideration to the officer’s request and advise the officer of its decision before the official business travel commences.
Where an officer is relieving at or temporarily transferred to a place within a radius of fifty (50) kilometres from their headquarters and they are directed to travel on official business within that area, making them absent from their temporary headquarters over the usual midday meal period (12:00 pm – 2:00 pm), the officer is entitled to the rate prescribed in Column A, Item (9) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award for a midday meal, provided that:
travel is not a normal requirement of the officer's duties, and it is not within the suburb in which the officer resides; and
the officer's total reimbursement under this subclause for any one pay period does not exceed the amount prescribed by Item (10) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award.
The allowances under Schedule J. - Travelling, Transfer and Relieving Allowance of this Award reflect the ‘reasonable amounts’ specified in Tables 3 and 4 of the Australian Taxation Office Taxation Determination 2025/4 (ATO TD).
The Executive Director, Government Sector Labour Relations of the Department of Local Government, Industry Regulation and Safety will issue an annual circular to update the allowances under Schedule J. - Travelling, Transfer and Relieving Allowance of this Award in accordance with movements in the ATO TD.
If the rates in the ATO TD are reduced in any year, the previous year’s rates will continue to apply until higher rates are prescribed in a subsequent ATO TD.
SCHEDULE 2
2. Delete Schedule J and insert the following in lieu thereof:
SCHEDULE J – TRAVELLING, TRANSFER AND RELIEVING ALLOWANCE
ITEM : COLUMN C
DAILY RATE OFFICERS WITHOUT DEPENDENTS RELIEVING ALLOWANCE FOR PERIOD IN EXCESS OF 42 DAYS (CLAUSE 49(2)(b))
ALLOWANCE TO MEET INCIDENTAL EXPENSES ONLY (CLAUSES 53(1) AND 53(4))
ACCOMMODATION INVOLVING AN OVERNIGHT STAY WHERE FOOD AND ACCOMMODATION IS NOT PROVIDED (CLAUSES 53(2)(a) AND 53(5))
(2) : $161.70
(3) : $142.40
$146.70
(4) : $142.40
$158.40
$151.70
$169.40
$147.40
$163.70
$169.55
(5) Interstate – Capital City
$172.40
$161.70
$143.70
$159.05
$155.40
$171.05
$151.70
(6) : $142.40
ALLOWANCE TO MEET INCIDENTAL AND MEAL EXPENSES (CLAUSES 53(2)(b) AND 53(3))
ALLOWANCE TO MEET MEAL EXPENSES ONLY (CLAUSE 53(4))
MIDDAY MEAL (CLAUSE 53(11))
SCHEDULE 3
New methodology for setting the Allowances under Schedule J of the Government Officers Salaries, Allowances and Conditions Award 1989 (GOSAC Award)
Definitions
For the purpose of this methodology, the following definitions apply:
“ATO TD” means the Australian Taxation Office Taxation Determination 2025/4 or its replacement.
“Table 3” means the table in the ATO TD containing the reasonable amounts for “domestic travel expenses for employees with an annual salary of $263,851 or more” or its replacement.
“Table 4” means the table in the ATO TD containing the reasonable amounts for “domestic travel expenses for high-cost country centres accommodation expenses” or its replacement.
“Award locations” means one of the localities prescribed under Items (3) or (4) of Schedule J of the GOSAC Award.
Methodology
The Allowances under Schedule J of the GOSAC Award will be updated annually to reflect the reasonable amounts in Tables 3 and 4 of the ATO TD. In some instances, minor variations to the ATO TD may be required, which are summarised below.
Particulars and Item – Schedule J Rules
Column A
Allowance to meet incidental expenses only
(Schedule J – Item (1)) As of the date of this methodology, the incidentals rate in Table 3 of the ATO TD is the same for all locations.
If the ATO sets a different incidental rate for the places listed in Table 3, then the relevant rate will apply.
Accommodation involving an overnight stay where incidentals, food and accommodation is not provided
(Schedule J – Items (2) – (6)) The allowances in Items (2) to (6) should align with the Daily Total rate for the corresponding location in Table 3 of the ATO TD. This total includes accommodation, food and drinks and incidentals.
For Award locations that are not included in Table 3, the following rules apply:
Localities South of 260 South Latitude (Item (3)): the “All Country Centres” Daily Total in Table 3 should be used for Item (3) unless a town located south of Shark Bay has an accommodation rate in Table 4 that is higher than the “All Country Centres” accommodation rate in Table 3. If a location has a higher accommodation rate than the “All Country Centres” accommodation rate, the town can be added to Schedule J under Item (3) with the allowance calculated as follows:
applicable accommodation rate (Table 4) + applicable food and drink rate (Table 3) + applicable incidental rate (Table 3).
Localities North of 260 South Latitude (Item (4)): the “All Country Centres” Daily Total in Table 3 should be used for Item (4) unless a town located north of Shark Bay has an accommodation rate in Table 4 that is higher than the “All Country Centres” accommodation rate in Table 3. If a location has a higher accommodation rate than the “All Country Centres” accommodation rate, the town can be added to Schedule J under Item (4) with the allowance calculated as follows:
applicable accommodation rate (Table 4) + applicable food and drink rate (Table 3) + applicable incidental rate (Table 3).
Interstate localities other than Capital cities (Item (6)): the “All Country Centres” Daily Total in Table 3 should be used for Item (6).
Allowance to meet incidental and meal expenses (Item (7)) As of the date of this methodology, the incidentals and food and drink rates in Table 3 of the ATO TD are the same for all locations. Therefore, Item (7) should be set as the combined total of these rates as listed in Table 3.
If the ATO sets different incidentals and food and drink rates for regional areas, then the relevant rates will apply.
Allowance to meet meal expenses only (Item (8)) As of the date of this letter, the food and drink rates in Table 3 of the ATO TD are the same for all locations.
If the ATO sets different food and drink rates for the places listed in Table 3, then the relevant rates will apply.
Midday meal (Item (9) and (10)) The midday meal under Item (9) should be calculated by multiplying the lunch allowance under Item (8) by 38.96% and rounding to the nearest 5 cents.
The maximum rate per pay period under Item (10) should be calculated by multiplying Item (9) by 5 and rounding to the nearest 5 cents.
Column B
Accommodation involving an overnight stay where incidentals, food and accommodation is not provided (Items (2) – (6)) The daily rate under Column B should be calculated by multiplying the rates in Column A by 0.5 and rounding to the nearest 5 cents.
Column C
Accommodation involving an overnight stay where incidentals, food and accommodation is not provided (Items (2) – (6)) The daily rate under Column C should be calculated by multiplying the rates in Column A by 0.33331 and rounding to the nearest 5 cents.
If the rates in Tables 3 or 4 of the ATO TD are reduced in any year, the previous year’s rates will continue to apply until higher rates are prescribed in a subsequent ATO TD.
This methodology replaces the current method for increasing the Allowances, which was confirmed in a 1976 Public Service Arbitrator decision.
Process for managing new or removed locations under Table 4 of the Taxation Determination
The list of “high-cost country centres” in Table 4 of the ATO TD may be reviewed annually by the ATO, with locations either added or removed.
If an Award location is removed from Table 4, the rates in Schedule J will be updated using the applicable “All Country Centres” rate from Table 3 of the ATO TD unless this would reduce the allowance. In such cases, the previous rate will be retained until surpassed by the “All Country Centres” rate.
If a new location is added to Table 4 and it is not already an Award location, it will be added to Schedule J unless the rate in Table 4 is lower than the “All Country Centres” rate in Table 3. For example, under the 2024 ATO TD, the daily rate for Albany (which is a high-cost country centre under Table 4) is $14 lower than the “All Country Centres” rate. Therefore, there is no specific Albany rate, and employees travelling to that location are entitled to the rate under Item (3).
Using the allowance
While the food and drink rates in the ATO TD are divided into separate amounts for breakfast, lunch and dinner, an employee can use the total daily allowance to purchase groceries while travelling rather than purchasing three separate meals.
Employees are not required to provide receipts for their meal purchases unless they are seeking reimbursement for excess expenses under clause 53(6) of the GOSAC Award.
Timeframe for updating the allowances
Within two weeks of the ATO publishing a revised ATO TD, GSLR must provide the CSA with a revised circular detailing the increased travel allowance rates.
GSLR will issue the revised circular once agreed upon by both parties.
The updated rates will take effect from 1 July of the year the TD is published by the ATO, following the circular’s issue.
Changes to ATO TD and dispute resolution
If there is a change to the ATO TD that is not contemplated by this methodology, the parties must meet to discuss and resolve the matter within a reasonable time.
If the matter cannot be resolved between the parties, either party may refer the dispute to the Western Australian Industrial Relations Commission as an industrial matter.
SCHEDULE 4
3. Delete Clause 41 and insert the following in lieu thereof:
41. - CAMPING ALLOWANCE
For the purposes of this clause the following expressions shall have the following meaning:
"Camp of a permanent nature" means single room accommodation in skid mounted or mobile type units, caravans, or barrack type accommodation where the following are provided in the camp:
Water is freely available;
Ablutions including a toilet, shower or bath and, laundry facilities;
Hot water system;
A kitchen, including a stove and table and chairs, except in the case of a caravan equipped with its cooking and messing facilities;
An electricity or power supply; and
Beds and mattresses except in the case of caravans containing sleeping accommodation.
For the purpose of this definition caravans located in caravan parks or other locations where the above are provided shall be deemed a camp of a permanent nature.
"House" means a house; duplex or cottage including transportable type accommodation, which is self-contained and in which the facilities prescribed for "camp of a permanent nature" are provided.
"Other than a permanent camp" means a camp where any of the above is not provided.
An officer, who is stationed in a camp of a permanent nature, shall be paid the appropriate allowance prescribed by Item (1) or Item (2) of Schedule F – Clause 41. – Camping Allowance of this Award for each day spent camping.
An officer who is stationed in a camp - other than a permanent camp - or is required to camp out shall be paid the appropriate allowance prescribed by Item (3) or Item (4) of Schedule F – Clause 41. – Camping Allowance of this Award for each day spent camping.
Officers who occupy a house shall not be entitled to allowances prescribed by this clause.
Officers accommodated at a government institution, hostel or similar establishment shall not be entitled to allowances prescribed by this clause.
Where an officer is provided with food and/or meals by the Employer free of charge, then the officer shall only be entitled to receive half the appropriate allowance to which the officer would otherwise be entitled for each day spent camping.
(a) An officer shall not be entitled to receive an allowance under this clause for periods in excess of 91 consecutive days unless the Employer otherwise determines. Provided that where an officer is reimbursed under the provisions of Clause 53. - Travelling Allowance of this Award then such periods shall be included for the purposes of determining the 91 consecutive days.
(b) Any determination by an Employer under this subclause will be in accordance with Schedule F. – Clause 41. – Camping Allowance of this Award.
When camping, an officer shall be paid the allowance on Saturdays and Sundays if available for work immediately preceding and succeeding such days and no deduction shall be made under these circumstances when an officer does not spend the whole or part of the weekend in camp, unless the officer is reimbursed under the provisions of Clause 53. - Travelling Allowance of this Award.
This clause shall be read in conjunction with Clause 49. - Relieving Allowance, Clause 52. - Transfer Allowance and Clause 53. – Travelling Allowance of this Award for the purpose of paying allowances, and camping allowance shall not be paid for any period in respect of which travelling, transfer or relieving allowances are paid. Where portions of a day are spent camping, the following formula shall be used for calculating the portion of the allowance to be paid for that day.
If arrival at camp is:
Before 8:00 am – 100% of the daily rate.
8:00 am or later but before 1:00 pm – 90% of the daily rate.
1:00 pm or later but before 6:00 pm – 75% of the daily rate.
6:00 pm or later – 50% of the daily rate.
If departure from camp or the time of ceasing duty in the field subsequent to breaking camp (whichever is the later) is:
8:00 am or later but before 1:00 pm – 10% of the daily rate.
1:00 pm or later but before 6:00 pm – 25% of the daily rate.
6:00 pm or later but prior to 11:00 pm – 50% of the daily rate.
11:00 pm or later – 100% of the daily rate.
Officers in receipt of an allowance under this clause shall not be entitled to receive the incidental allowance prescribed by Clause 53. - Travelling Allowance of this Award.
Whenever an officer provided with a caravan is obliged to park the caravan in a caravan park they shall be reimbursed the rental charges paid to the authority controlling the caravan park, in addition to the payment of camping allowance.
Where an officer, who is not supplied with camping equipment by the Employer hires such equipment as is reasonable and necessary, they shall be reimbursed such hire charges, in addition to the payment of a camping allowance.
SCHEDULE 5
4. Delete Schedule A and insert the following in lieu thereof:
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
Arts and Culture Trust
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 Creative Industries, Tourism and Sport
Department of Education
Department of Energy and Economic Diversification
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)
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 Museum
Western Australian Sport Centre Trust (VenuesWest)
Western Australian Tourism Commission (Tourism Western Australia)
Zoological Parks Authority
SCHEDULE 6
5. Delete Clause 52 and insert the following in lieu thereof:
52. - TRANSFER ALLOWANCE
Subject to subclauses (2) and (5) of this clause, an officer who is transferred to a new locality in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the officer has no control, will be paid at the rates prescribed in Column A, Item (2), (3) or (4) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award for a period of 14 days after arrival at new headquarters within Western Australia or Column A, Item (5) or (6) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award for a period of 21 days after arrival at a new headquarters in another State of Australia: Provided that if an officer is required to travel on official business during the said periods, such period will be extended by the time spent in travelling. Under no circumstances, however, shall the provisions of this subclause operate concurrently with those of Clause 53. - Travelling Allowance of this Award to permit an officer to be paid allowances in respect of both travelling and transfer expenses for the same period.
Prior to the payment of an allowance specified in subclause (1) of this clause, the Employer will:
Require the officer to certify that permanent accommodation has not been arranged or is not available from the date of transfer. Where permanent accommodation is immediately available, no allowance is payable; and
Require the officer to advise the Employer that should permanent accommodation be arranged or become available within the prescribed allowance periods, the officer will refund the pro rata amount of the allowance for that period the occupancy in permanent accommodation takes place prior to the completion of the prescribed allowance periods.
Provided also that should an occupancy date which falls within the specified allowance periods be notified to the Employer prior to the officer's transfer, the payment of a pro rata amount of the allowance should be made in lieu of the full amount.
If an officer is unable to obtain reasonable accommodation for the transfer of their home within the prescribed period referred to in subclause (1), and the Employer is satisfied that the officer has taken all possible steps to secure reasonable accommodation, the officer will, after the expiration of the prescribed period in subclause (1), be paid the rates in Column B, Items (2), (3), (4), (5) or (6) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award as the case may require, until such time as the officer has secured reasonable accommodation: Provided that the period of reimbursement under this subclause will not exceed 77 days without the approval of the Employer.
An officer who is transferred to Employer accommodation will not be entitled to reimbursement under this clause unless their entry into Employer accommodation is delayed through circumstances beyond the officer’s control, in which case they will be paid in accordance with the rates prescribed by Column B, Items (2), (3), (4), (5) or (6) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award as the case may require, until such time as the officer has secured reasonable accommodation, provided that:
the period of reimbursement under this subclause will not exceed 77 days without the approval of the Employer; and
if any costs are incurred under subclause (2) of Clause 43. – Disturbance Allowance of this Award, they will be reimbursed by the Employer.
When it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred by an officer on transfer, an appropriate rate of reimbursement shall be determined by the Employer.
SCHEDULE 7
6. Delete Clause 49 and insert the following in lieu thereof:
49. - RELIEVING ALLOWANCE
An officer who is required to take up duty away from headquarters on relief duty or to perform special duty, and necessarily resides temporarily away from the officer's usual place of residence will be reimbursed reasonable expenses on the following basis:-
Where the officer:
is supplied with accommodation and meals free of charge, or
is accommodated at a government institution, hostel or similar establishment and supplied with meals,
they are entitled to the rates in Column A, Item (1) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award.
Where officers are fully responsible for their own accommodation, meals and incidental expenses and hotel, motel, serviced apartment or short-term rental accommodation is utilised:-
For the first forty-two (42) days after arrival at the new locality, the officer is entitled to the rates in Column A, Items (2) to (6) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award.
For periods in excess of forty-two (42) days after arrival in the new locality, officers with dependants are entitled to the rates in Column B, Items (2) to (6) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award and officers without dependants are entitled to the rates in Column C, Items (2) to (6) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award.
The period of reimbursement under this subclause will not exceed forty-nine (49) days without the approval of the Employer.
Where officers are fully responsible for their own accommodation, meal and incidental expenses and accommodation other than that listed in subclause (2) is utilised, officers are entitled to the rates in Column A, Item (7) of Schedule J. - Travelling, Transfer and Relieving Allowance of this Award.
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 will be paid the applicable camping allowance for the duration of the period spent in camp, and in addition, will be paid a lump sum of $233.00 to cover incidental personal expenses: Provided that an officer will receive no more than one lump sum of $233.00 in any one period of three (3) years.
Reimbursement of expenses will not be suspended should an officer become ill whilst on relief duty, provided leave for the period of such illness is approved in accordance with the provisions of this Award and the officer continues to incur accommodation, meal and incidental expenses.
When an officer who is required to relieve or perform special duties in accordance with the preamble of this clause is authorised by the Employer to travel to the new locality in the officer's own motor vehicle, reimbursement for the return journey will be as follows:-
Where the officer will be required to maintain a motor vehicle for the performance of the relieving or special duties, they will be entitled to the appropriate rate prescribed by subclause (2) of Clause 46. - Motor Vehicle Allowance of this Award.
Where the officer will not be required to maintain a motor vehicle for the performance of the relieving or special duties reimbursement will be on the basis of one half (½) of the appropriate rate prescribed by subclause (2) of Clause 46. - Motor Vehicle Allowance of this Award. Provided that the maximum amount of reimbursement shall not exceed the cost of the fare by public conveyance which otherwise would be utilised for such return journey.
Where it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred, an appropriate rate of reimbursement will be determined by the Employer.
The provisions of Clause 53. - Travelling Allowance of this Award will not operate concurrently with the provisions of this clause to permit an officer to be paid allowances in respect of both travelling and relieving expenses for the same period: Provided that where an officer is required to travel on official business which involves an overnight stay away from the officer's temporary headquarters the Employer may extend the periods specified in subclause (2) of this clause by the time spent in travelling.
An officer who is directed to relieve another officer or to perform special duty away from the officer's usual headquarters and is not required to reside temporarily away from their usual place of residence will, if the officer is not in receipt of a higher duties or special allowance for such work, be reimbursed the amount of additional fares paid by the officer travelling by public transport to and from the place of temporary duty.