WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE COMMISSIONER FOR ABORIGINAL PLANNING, DEPARTMENT OF INDIGENOUS AFFAIRS AND OTHERS, APPLICANTS v. THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED, RESPONDENT CORAM COMMISSIONER P E SCOTT PUBLIC SERVICE ARBITRATOR DATE OF ORDER THURSDAY, 30 JANUARY 2003 FILE NO. P 58 OF 2002 CITATION NO. 2003 WAIRC 07572 _________________________________________________________________________________________________________ Result Award varied _________________________________________________________________________________________________________ Order HAVING heard Ms K Morgan on behalf of the applicants and Mr M Sims on behalf of the respondent, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders— THAT the Public Service Award 1992 (No. PSAA 4 of 1989) be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on and from the 21st day of January 2003. (Sgd.) P. E. SCOTT, [L.S.] Commissioner, Public Service Arbitrator. _________ SCHEDULE 1. Clause 9 – Part Time Employment: A. Delete subclause (1)(a) of this clause and insert the following in lieu thereof— (a) Permanent part-time employment is defined as regular and continuing employment of less than 37.5 hours per week. B. Immediately following subclause (3)(d)(iii) and before subclause (4) of this clause insert a new subclause (3)(e) as follows— (e) Nothing in this clause prevents the employer and the employee agreeing to other such arrangements as is approved by the employer, in accordance with subclause (16)(2) of this Award. 2. Clause 25 – Study Leave: Delete this clause and insert the following in lieu thereof— (1) Conditions for Granting Time Off (a) An officer may be granted time off with pay for study purposes at the discretion of the employer. (b) Part-time officers are entitled to study leave on the same basis as full time officers. (c) Time off with pay may be granted up to a maximum of five hours per week including travelling time, where subjects of approved courses are available during normal working hours, or where approved study by correspondence is undertaken. (d) Officers who are obliged to attend educational institutions for compulsory block sessions, may be granted time off with pay including travelling time up to the maximum annual amount allowed in subclause (1)(c) of this clause. (e) Officers shall be granted sufficient time off with pay to travel to and sit for the examinations of any approved course of study. (f) In every case the approval of time off to attend lectures and tutorials will be subject to— (i) agency convenience; (ii) the course being undertaken on a part-time basis; (iii) officers undertaking an acceptable formal study load in their own time; (iv) officers making satisfactory progress with their studies; (v) the course being of value to the agency; and (vi) the employer’s discretion when the course is only relevant to the officer’s career in the Service and being of value to the State. (g) A service agreement or bond will not be required. 270 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 83 W.A.I.G. (2) Payment of Fees (a) Agencies are to meet the payment of higher education administrative charges for cadets and trainees who, as a condition of their employment, are required to undertake studies at a University or College of Advanced Education. Officers who of their own volition attend such institutions to gain higher qualifications will be responsible for the payment of fees. (b) This assistance does not include the cost of text books or Guild and Society fees. (c) An officer who is required to repeat a full academic year of the course will be responsible for payment of the higher education fees for that particular year. (3) Approved Courses (a) (i) First degree or associate diploma courses at a University within the state of Western Australia. (ii) First degree or associate diploma courses at a college of advanced education. (iii) Diploma courses at Technical and Further Education (TAFE). (iv) Two year full time Certificate courses at TAFE. (v) Courses recognised by the National Authority for the Accreditation of Translators and Interpreters (NAATI) in a language relevant to the needs of the Public Sector. (b) Except as outlined in subclause (3)(d) of this clause, officers are not eligible for study assistance if they already possess one of the qualifications specified in subclause (3)(a)(i) and 3(a)(ii) of this clause. (c) An officer who has completed a Diploma through TAFE is eligible for study assistance to undertake a degree course at a university within the state of Western Australia or a college of advanced education. An officer who has completed a two year full time Certificate through TAFE is eligible for study assistance to undertake a Diploma course specified in subclause (3)(a)(iii) or a degree or associate diploma course specified in subclause (3)(a)(i) or (3)(a)(ii) of this clause. (d) Assistance towards additional qualifications including second or higher degrees may be granted in special cases, at the discretion of the employer. (4) (a) An acceptable part-time study load should be regarded as not less than five hours per week of formal tuition with at least half of the total formal study commitment being undertaken in the officer’s own time, except in special cases such as where the officer is in the final year of study and requires less time to complete the course, or the officer is undertaking the recommended part-time year or stage and this does not entail five hours formal study. (b) A first degree or Associate Diploma course does not include the continuation of a degree or Associate Diploma towards a higher post graduate qualification. (c) In cases where officers are studying subjects which require fortnightly classes the weekly study load should be calculated by averaging over two weeks the total fortnightly commitment. (d) In agencies which are operating on flexi-time, time spent attending or travelling to or from formal classes for approved courses between 8.15 am and 4.30 pm, less the usual lunch break, and for which “time off” would usually be granted, is to be counted as credit time for the purpose of calculating total hours worked per week. (e) Travelling time returning home after lectures or tutorials is to be calculated as the excess time taken to travel home from such classes, compared with the time usually taken to travel home from the officer’s normal place of work. (f) An officer shall not be granted more than 5 hours time off with pay per week except in exceptional circumstances where the employer may decide otherwise. (g) Time off with pay for those who have failed a unit or units may be considered for one repeat year only. (5) Subject to the provisions of subclause (6) of this clause, the employer may grant an officer full time study leave with pay to undertake— (a) post graduate degree studies at Australian or overseas tertiary education institutions; or (b) study tours involving observations and/or investigations; or (c) a combination of post graduate studies and study tour. (6) Applications for full time study leave with pay are to be considered on their merits and may be granted provided that the following conditions are met— (a) The course or a similar course is not available locally. Where the course of study is available locally, applications are to be considered in accordance with the provisions of subclause (1) to (5) of this clause and the Leave Without Pay provisions of this Award. (b) It must be a highly specialised course with direct relevance to the officer’s profession. (c) It must be highly relevant to the agency’s corporate strategies and goals. (d) The expertise or specialisation offered by the course of study should not already be available through other officers employed within the agency. (e) If the applicant was previously granted study leave, studies must have been successfully completed at that time. Where an officer is still under a bond, this does not preclude approval being granted to take further study leave if all the necessary criteria are met. (f) A fixed term contract officer may not be granted study leave with pay for any period beyond that officer’s approved period of engagement. (7) Full time study leave with pay may be approved for more than 12 months subject to a yearly review of satisfactory performance. (8) Where an outside award is granted and the studies to be undertaken are considered highly desirable by an employer, financial assistance to the extent of the difference between the officer’s normal salary and the value of the award may be considered. Where no outside award is granted and where a request meets all the necessary criteria then part or full payment of salary may be approved at the discretion of the employer. 83 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 271 (9) The employer supports recipients of coveted awards and fellowships by providing study leave with pay. Recipients normally receive as part of the award or fellowship; return airfares, payment of fees, allowance for books, accommodation or a contribution towards accommodation. (10) Where recipients are in receipt of a living allowance, this amount should be deducted from the officer’s salary for that period. (11) Where the employer approves full time study leave with pay the actual salary contribution forms part of the agency’s approved average staffing level funding allocation. Employers should bear this in mind if considering temporary relief. (12) Where study leave with pay is approved and the employer also supports the payment of transit costs and/or an accommodation allowance, the employer will gain approval for the transit and accommodation costs as required. (13) Where officers travelling overseas at their own expense wish to participate in a study tour or convention whilst on tour, study leave with pay may be approved by the employer together with some local transit and accommodation expenses providing it meets the requirements of subclause (6) of this clause. Each case is to be considered on its merits. (14) The period of full time study leave with pay is accepted as qualifying service for leave entitlements and other privileges and conditions of service prescribed for officers under this Award. AWARDS/AGREEMENTS—Variation of— 2003 WAIRC 07598 BUILDING AND ENGINEERING TRADES (NICKEL MINING AND PROCESSING) AWARD 1968 No. 20 of 1968