or Education. No. P 43 of 1998. Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No. 5 of 1983. 12 February 1999. Order. HAVING heard Mr D Newman on behalf of the v Ms M Erneste on behalf of the

(1999) 79 WAIG Single Commissioner (WAIRC) 1999-02-12 File: No. 5 of 1983

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APPLICANT: or Education. No. P 43 of 1998. Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No. 5 of 1983. 12 February 1999. Order. HAVING heard Mr D Newman on behalf of the

RESPONDENT: Ms M Erneste on behalf of the

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Concept tags · 3

[P]Public Service Appeal Board appeal (historical) [P]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Wages — payment obligations

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Archived text (560 words)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Civil Service Association of Western Australia Incorporated and Minister for Education. No. P 43 of 1998. Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No. 5 of 1983. 12 February 1999. Order. HAVING heard Mr D Newman on behalf of the applicant and Ms M Erneste on behalf of the respondent, now therefore I the undersigned, pursuant to the powers conferred under the In- dustrial Relations Act, 1979 do hereby order — THAT the Education Department Ministerial Officers Sala- ries Allowances and Conditions Award 1983 No. 5 of 1983 as amended be further varied in accordance with the following schedule with effect on and from the 4th day of February 1999. (Sgd.) S. A. CAWLEY, [L.S.] Commissioner, Public Service Arbitrator. Schedule. 1. Clause 2.—Arrangement: Immediately following “19. Award Modernisation” in this clause, insert— 20. Salary Packaging 2. Clause 19.—Award Modernisation: Immediately fol- lowing this clause, insert a new clause as per the following— 20.—SALARY PACKAGING (1) For the purposes of this award “salary packaging” shall mean an arrangement whereby the wage or sal- ary benefit arising under a contract of employment is reduced, with another or other benefits to the value of the replaced salary being substituted and due to the employee. (2) An employer and employee bound by this award may enter into a salary packaging arrangement subject to the following— (a) The employer shall take all reasonable steps to ensure that any salary package complies with taxation and other relevant laws; (b) (i) The employer shall record the ar- rangement at the time it is entered into and provide a copy to the em- ployee before the arrangement comes into effect; (ii) The record shall include details of the employee’s classification and salary level applying immediately prior to the salary packaging coming into effect and the details of the package; (c) The value of any agreed salary package, viewed objectively, shall not be less than the value of the entitlements under this award which would otherwise apply; (d) The value of any agreed salary package, viewed objectively, shall not be greater than the value of the contractual benefits which would otherwise be due to the employee. (3) An employer shall not unreasonably withhold agree- ment to salary packaging on request from an employee. (4) In the event of a dispute involving— (a) refusal by an employer to discuss after having received a request for salary packaging; and/ or (b) a claim by an employee or the union party to this award that an employer is unreasonably refusing to enter into a salary packaging ar- rangement with its employees; such dispute may be determined under the Industrial Relations Act 1979 as amended. AWARDS/AGREEMENTS— Variation of— BUILDING TRADES (CONSTRUCTION) AWARD 1987. No. R14 of 1978, No. 1968 of 1998. ARTWORKERS AWARD. No. A30 of 1987, No. 2010 of 1998. BUILDING TRADES AWARD 1968. No. 31 of 1966, No. 2011 of 1998. ENGINE DRIVERS’ (BUILDING AND STEEL CONSTRUCTION) AWARD. No. 20 of 1973, No. 2012 of 1998. BUILDING TRADES (GOVERNMENT) AWARD 1968. No. 31A of 1966, No. 2013 of 1998. INDUSTRIAL SPRAYPAINTING & SANDBLASTING AWARD 1991. No. A33 of 1987, No. 2014 of 1998. EARTHMOVING & CONSTRUCTION AWARD. No. 10 of 1963, No. 2015 of 1998. FOREMEN (BUILDING TRADES) AWARD 1991. No. A5 of 1989, No. 2016 of 1998.