WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Civil Service Association of Western Australia Incorporated and the Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, WA Branch and Valuer General, Valuer General’s Office No. PSG AG 3 of 1999. Valuer General’s Office Enterprise Bargaining Agreement 1999. PUBLIC SERVICE ARBITRATOR. COMMISSIONER P E SCOTT. 3 December 1999. Order. HAVING heard Ms K Franz and with her Ms R Harley on behalf of the Applicants and Mr P Whyte and with him Ms C Holmes on behalf of the Respondent, and by consent, the Com- mission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Valuer General’s Office Enterprise Bargain- ing Agreement 1999 in the terms of the following schedule be registered on the 1st day of December 1999 and shall replace the Valuer General’s Office Enterprise Bargain- ing Agreement 1997. (Sgd.) P.E. SCOTT, [L.S.] Commissioner. Schedule. PART I: — AGREEMENT FRAMEWORK 1.—TITLE This Enterprise Bargaining Agreement shall be known as the “Valuer General’s Office Enterprise Bargaining Agreement 1999” and shall replace the “Valuer General’s Office Enter- prise Bargaining Agreement 1997”. 2.—ARRANGEMENT PART I—AGREEMENT FRAMEWORK 1. Title 2. Arrangement 3. Scope 4. Parties Bound 5. Number of Employees Covered 6. Definitions 7. Duration 8. No Further Claims 9. Single Bargaining Unit 10. Relationship to Parent Awards 11. Re-Open Negotiations 12. Availability of Agreement 13. Dispute Resolution Procedure PART II—WORKPLACE REFORMS AND PRODUCTIVITY INITIATIVES 14. Mission Statements and Programs 15. Strategic Trends and Initiatives 16. Purpose and Objectives of the Agreement 17. Productivity Initiatives 18. Productivity Measurement 19. Salary Increases 20. Implementation of Initiatives PART III—TERMS AND CONDITIONS OF EMPLOYMENT 21. Conditions Of Service 22. Salaries 23. Higher Duties Allowance 24. Private Motor Vehicle Use 25. Meal Allowances 26. Travel Allowance Incentive Scheme 27. Hours of Duty 28. Flexitime Arrangements 29. Home Based Work 30. Extratime Arrangements 31. Voluntary Reduced Time Arrangements 32. Part Time Employment 33. Annual Leave 34. Long Service Leave 35. Sick Leave 36. Compassionate Leave 37. Parental Leave 38. Leave Without Pay 39. Redundancy Appendix A—Salary Scale Appendix B—Signatories to Agreement Schedule A—Grievance Resolution Policy Schedule B—Home Based Work Policy Schedule C—Extratime Policy Schedule D—Compassionate Leave Policy Schedule E—Parental Leave Policy 3.—SCOPE This Enterprise Bargaining Agreement shall apply to all Valuer General’s Office employees including Senior Execu- tive Service employees working in the Valuer General’s Office who are members of or are eligible to be members of the Un- ions party to this Enterprise Bargaining Agreement. 4.—PARTIES BOUND (1) The parties to this Agreement are— (a) the Valuer General, of the Valuer General’s Office, 18 Mount Street, Perth, Western Australia (“the Em- ployer”); and (b) the Civil Service Association of Western Australia (Inc); and (c) the Australian Liquor, Hospitality and Miscellane- ous Workers Union, Miscellaneous Workers Division, WA Branch. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3675 79 W.A.I.G. 5.—NUMBER OF EMPLOYEES COVERED As at the date of registration, the approximate number of employees covered by this Enterprise Bargaining Agreement is 35. 6.—DEFINITIONS In this Agreement, unless stated otherwise, the following terms will be defined as— “Agreement” means the Valuer General’s Office Enter- prise Bargaining Agreement 1999. “Country Areas” means all areas other than “metropoli- tan area” as defined below. “CSA” means the Civil Service Association of Western Australia (Inc). “Employee” means any person who is employed by the Valuer General. “Employer” means the Valuer General, as Chief Em- ployee of the VGO. “Fixed Term Employee” means a full or part time em- ployee, as prescribed under the Public Sector Management Act, for a fixed period of up to five (5) years. “Government” means the State Government of West- ern Australia. “Metropolitan Area” means that area within a radius of fifty (50) kilometres from the Perth City Railway Sta- tion. “MFP” means Multi Factor Productivity measurement model. “Office” means the premises and work areas of the Valuer General’s Office. “Parties” means the Valuer General; the Civil Service Association of WA (Inc); and the Australian Liquor, Hos- pitality and Miscellaneous Workers Union, Miscellaneous Workers Division, WA Branch, when referred to jointly in the Agreement. “Place of Duty” means a job location, other than their usual place of work, where the employee carries out their work. See usual place of work. “PSA” means Public Service Award 1992. “Settlement Period” for the purposes of Flexitime and Annualised Hours means a period of four weeks. “Tea Caterer’s Award” means Catering Employees and Tea Attendants Government Award 1992. “Unions” means the Civil Service Association of WA (Inc); and the Australian Liquor, Hospitality and Miscel- laneous Workers Union, Miscellaneous Workers Division, WA Branch. “Usual place of work” means the Office, other regional headquarters or approved home based site. “Valuer General” means Valuer General or Delegated Officer of Authority. “VGO” means Valuer General’s Office, the whole of Agency. “WAIRC” means the Western Australian Industrial Re- lations Commission. 7.—DURATION (1) This Agreement shall come into effect on 1st December 1999 as the operative date, and shall remain in force for a period of two years (24 months). (2) During the life of the Agreement the parties will con- tinue to address a range of issues and reforms specifically aimed at increasing productivity. The parties agree that these issues will form the basis of future negotiations. (3) The pay quantum achieved as a result of this Agreement will remain and form the new base pay rates for future agree- ments or continue to apply in the absence of a further agreement except where the award salary rate is higher in which case the award salary rate shall apply. (4) This Agreement will continue in force after the expiry of the term until such time as any of the parties withdraw from the Agreement by notification in writing to the parties and to the WAIRC, or replace this Agreement with a subsequent agree- ment. 8.—NO FURTHER CLAIMS The parties to this Agreement undertake that for the dura- tion of this Agreement there shall be no further salary or wage increases sought or granted except where expressly provided for in a State Wage Case decision. All arbitrated safety net adjustments are to be absorbed into the pay rates provided for in this Agreement. 9.—SINGLE BARGAINING UNIT This Agreement has been negotiated through a Single Bar- gaining Unit (SBU), which comprised of representatives of the Unions who are party to this Agreement and the Employer. 10.—RELATIONSHIP TO PARENT AWARDS (1) This Agreement shall be read in conjunction with the existing awards and agreements that apply to the parties to this Agreement. In the event of any inconsistency, this Agree- ment shall have precedence to the extent of any inconsistency. Where this Agreement is silent, award provisions apply. The relevant awards are— (a) PSA (b) Tea Caterer’s Award 11.—RE-OPEN NEGOTIATIONS The parties agree to commence negotiations for a replace- ment agreement at least six (6) months prior to the expiration of the period of this Agreement. 12.—AVAILABILITY OF AGREEMENT Every employee will be entitled to a copy of this Agree- ment. This Agreement is available on the VGO’s network information database VGOINFO. In addition, a copy or cop- ies of this Agreement will be kept in an easily accessible place or places within the Office, and the location of copies will be communicated to all employees. 13.—DISPUTE RESOLUTION PROCEDURE (1) Any questions, disputes or difficulties arising under this Agreement shall be dealt with in the following manner— (a) Any grievance in relation to an employee’s concern about, or perceptions of, unnecessary or unjustified personal hardship, detriment or annoyance resulting from management’s actions or decisions in applying any personnel management system which directly effects the employee shall be dealt with in accord- ance with Schedule A—Grievance Resolution Policy. (b) Any questions, dispute or difficulties that arise un- der this Agreement, and which cannot be satisfied under paragraph (a) of this subclause, shall be dealt with as follows— (i) The employee(s) concerned and or the Union representative shall, if requested, discuss the matters with the immediate supervisor in the first instance. An employee may be accompa- nied by a Union representative. (ii) If the matter is not resolved within 5 working days following the discussion in accordance with subparagraph (i) hereof, the matter shall be referred by the employee(s) and or the Un- ion representative to the Valuer General or the Delegated Officer for resolution. (iii) If the matter is not resolved within 5 working days of the employee’s and or the Union rep- resentative’s notification of the dispute to the Valuer General, it may be referred by either party to the WAIRC. (iv) Until the matter is determined, work should continue as normal, as instructed by the Valuer General. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this clause. (v) In the event of a safety dispute the Occupa- tional Safety and Welfare Act 1984 as amended shall apply. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 3676 PART II: WORKPLACE REFORMS AND PRODUCTIVITY INITIATIVES 14—MISSION STATEMENTS AND PROGRAMS. (1) The Valuer General is responsible for the administration of the Valuation of Land Act 1978 and the operation of the Office. The Valuation of Land Act specifically identifies the Office’s core business responsibilities. (2) The VGO mission is— “To provide Government and our clients with an effec- tive and impartial valuation and property information service”. (3) The VGO vision is to be— (a) “The benchmark in the provision of quality rating and taxing valuations” (b) “The preferred provider of valuation services and property information to our clients”. (4) The Office’s corporate objective is to provide an inde- pendent and impartial valuation service that is cost effective for Government and clients, and maintain an accurate land and property database. The corporate objective is achieved through the valuation program by— (a) Making general and interim valuations of rateable land at a frequency that meets legislative responsi- bilities and satisfies client needs in terms of time frame, accuracy and currency. (b) Making valuations of land other than rating and tax- ing valuations for Government, statutory clients and any person, body and authority authorised by the Valuation of Land Act, within agreed time frames and standards. (c) Maintaining a fully integrated central land and prop- erty database to facilitate the provision of valuation, property information and consultancy services to Government and the wider community. (5) The valuation program ensures that valuation rolls for rating and taxing purposes are provided— (a) Within a determined timeframe, (b) In a format acceptable to clients and in accordance with the Valuation of Land Act, and (c) That valuations for all other purposes are made in accordance with professional standards and within agreed timeframes. (6) The VGO operates in a manner that is consistent with promoting the collective interest of its clients. The VGO will contribute to Government’s policy outcomes by providing a reliable, equitable and independent valuation base for State and local government to use— (a) As a base for determining State Government taxes; (b) As a base for determining local government and Wa- ter Corporation rates; (c) As an impartial valuation service to protect the pub- lic interest in regard to land purchase, sale, lease and compensation by Government; (d) To aid planning and allocation of funds at a regional and local level; (e) As a reliable and impartial source of information to enable informed decision making by Government; (f) To identify and value the State’s property assets for effective management of these assets; and (g) To provide the business sector and the public with reliable property related information. 15.—STRATEGIC TRENDS AND INITIATIVES. (1) The VGO intends to continue to provide its valuation products and services to Government and clients over the pe- riod of this Agreement. It has strategies to improve its range of products and services and to identify and meet the demands of the market place. This includes the ongoing development of expertise and strengthening of capabilities to ensure the Office continues to fulfil its mission. (2) Significant issues and trends faced by the Office in the coming years have been identified through the Office’s corpo- rate planning process and are— (a) Rating and taxing values are strategic to the raising of revenue by State and local government, thus the Valuer General has an ongoing responsibility to en- sure impartiality, protect privacy and confidentiality, and coordinate the standards for the vital data that supports the State’s revenue base. (b) Valuation of public sector agencies’ and local gov- ernments’ assets is a basic requirement of accrual accounting. Demand for the valuation of assets con- tinues to increase and is now a major component of the overall valuation program, and the maintenance of appropriate expertise and policies is essential. (c) Plant, equipment and insurance valuations comprise a relatively new service and because of their com- plexity the Office conducts some of this work in partnership with private sector valuers. The further development of expertise and policy is now a prior- ity. (d) The demand for property related data and informa- tion is increasing and the Office continues to develop initiatives to enable Government, the real estate and financial industries and the wider community to be better informed. (3) The major initiatives identified as being crucial to the success of the Office in addressing strategic trends over the next two financial years are— (a) Increase client access to the new valuation system to improve services and efficiencies. (b) The early supply of 95% of provisional unimproved values to the Commissioner of State Revenue for land tax purposes by January instead of March 2000. (c) Continue the redevelopment of an integrated Geo- graphic Information System to meet an increasing demand for valuation information and to ensure Year 2000 compliance. (d) Further develop and refine the valuation system to enable the Office to expand its client base through improving the quality of products and services. (e) Establish Australia wide benchmarks for the cost of providing rating and taxing values. (f) Establish and review service level agreements with major clients. (g) Enhance the Office’s ability to provide a more com- prehensive plant and equipment valuation service by further developing the necessary professional skills in-house and in response to increasing demand from clients. (h) Increase client awareness of the services that can be provided in respect to valuations for compensation, insurance and reporting purposes. (i) Assist Treasury to review discrepancies between agency property registers and the Government Prop- erty Register. (j) Investigate new formats and mediums for the provi- sion of property information in accordance with the needs of users and the growth in technology. (k) Increase the use of Internet technology for market- ing and the delivery of services. (l) Establish new private sector partnering arrangements for the sale of data. 16.—PURPOSE AND OBJECTIVES OF THE AGREEMENT. (1) The VGO workplace reform philosophy is— (a) to create a more efficient work environment so as to achieve corporate objectives and to maximise pro- ductivity; (b) to retain and reward staff by— (i) Recognising achievements; (ii) Providing flexibility in work conditions; (iii) Maximising motivation and morale; and (iv) Eliminating ineffective or dysfunctional inputs and activities. (2) The shared objectives of this Agreement are to— (a) Continue to increase productivity and efficiency as part of the Government’s workplace reform initia- tives, WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3677 79 W.A.I.G. (b) Promote and gain ongoing employee commitment and contribution to specific strategies that will con- tinue to improve the overall efficiency and effectiveness of the VGO, (c) Enhance the quality and security of employment for the employee, and (d) Recognise and reward the employees for their con- tribution to improved customer services, productivity and performance levels of the VGO. (e) Develop and pursue changes on a co-operative basis by using participative practices. 17.—PRODUCTIVITY INITIATIVES (1) The parties agree that significant changes in work prac- tices will continue to be made to achieve real and ongoing productivity improvements. The range of work flexibility ini- tiatives included in this Agreement will enable management and employees to achieve further increases in productivity and cost savings. (2) In terms of working conditions employees will continue to— (a) Work a 38 hour week; and (b) Forgo the first five days of higher duties allowance in each financial year; (c) Sacrifice their entitlement to the payment of over- time and instead take time in lieu at normal rates of pay, that is extratime. (3) In terms of increased flexibility of working conditions, employees will continue to have access to— (a) Annualised Hours and greater flexibility in the ap- plication of Flexitime. (b) Home Based Work. (c) Voluntary Reduced Time. (d) Greater flexibility in the taking of long service leave as well as the ability to convert accumulated long service and annual leave into equivalent cash amounts. (e) Salary Packaging. (4) Incentive based initiatives and re-modelled working con- ditions introduced by this Agreement are as follows— (a) The introduction of a Travel Allowance Incentive Scheme that seeks to provide an incentive and to re- ward staff for their flexibility and extra effort in being more competitive and responsive to customer require- ments especially when working away from their usual place of work. (b) The introduction of a more consistent approach to extratime claims in relation to travelling time. (c) The requirement for employees to certify that each meal claimed was actually purchased and further clarification of when employees are entitled to meal allowances. (5) This Agreement also seeks to increase productivity through various mechanisms including lower rates of absen- teeism and providing greater support to staff in balancing their work and family responsibilities. Apart from the variety of “family friendly” initiatives already available, this Agreement establishes— (a) A “Family Room” which enables an employee to con- tinue to work as productively as possible whilst minding a child or another dependent family mem- ber when carer arrangements break down. This will assist employees with childcare emergencies, pupil free days or eldercare responsibilities. (b) An employee “Wellness Program” sponsored by the Office. This program forms part of an overall strat- egy to address the underlying causes and reduce the incidence of sick leave absenteeism, in conjunction with the Office’s existing sick leave bonus scheme. The aim of the program is to provide information and activities relating to and promoting the health and wellbeing of staff. (6) Productivity improvement is also achieved through— (a) Increased demand for Office products and services through improvements to the quality, variety and de- livery of services to clients; (b) New projects to meet changing Government require- ments such as the proposed Treasurer’s Instruction relating to revaluation of non-current physical as- sets to comply with the new accrual accounting standards; (c) A natural increase in workload annually, that is a greater number of properties to be valued; (d) Staff accepting additional duties and responsibilities; (e) Willingness of employees to accept change; (f) Unique in-house development of computer systems; (g) Acquisition of new skills by employees; (h) Development of new methodologies, that is work- ing smarter; (i) Devolved responsibility for the delivery of products and services to the most appropriate service provider. 18.—PRODU CTIVITY MEASUREMENT (1) The Multi Factor Productivity (MFP) model is the tool used to evaluate the Office’s organisational efficiency. The MFP, a recognised and widely used methodology endorsed by Treasury, measures whether key services are being provided with relatively fewer inputs or whether more services are pro- vided for the same amount of inputs. (2) Comparisons between the VGO’s past and current levels of efficiency have been made by using various performance indicators. Each of the key performance indicators shows a “partial” aspect of the Office’s efficiency and effectiveness. The MFP combines the data of these indicators to establish a single efficiency measure. (3) Data used in the MFP calculations is taken primarily from the Office’s Operational Plan targets and associated end of year outcomes. The Operational Plan is an established docu- ment produced annually by the Office and as such provides a direct and meaningful link between MFP calculations and pro- ductivity target levels of performance for staff to aim for. (4) The Operational Plan contains target levels of Full Time Equivalent (FTE) resources, number of values, expenditure and revenue. Achievement of Operational Plan targets have a direct impact on the Office’s ability to fund salary increases achieved through increased productivity. (5) The MFP demonstrates an efficiency growth rate of at least 6.0% over the next two financial years, that is 1999/2000 and 2000/2001. (6) The Office will continue to develop productivity meas- urements— (a) To ensure compliance with Government policy on Output Based Management and Customer Focus policies; (b) Based on financial management initiatives; and (c) To continue commitment to a continuous improve- ment philosophy. 19.—SALARY INCREASE (1) It is important to recognise and reward employees for their contribution to improved levels of performance. This rec- ognition will be in the form of salary increases. (2) The salary increase will be based on demonstrated in- creases in efficiency as determined by the MFP model. (3) Employees will be entitled to an annual salary increase depending on the level of efficiency achieved by the whole of Office during the 1999/2000 and 2000/2001 financial years. (4) Notwithstanding paragraphs (1), (2) and (3) of this clause, any salary increases will also be dependant on the Office’s ability to fund from— (a) The amount of cost savings achieved by the Office through the implementation of the productivity ini- tiatives, (b) Any budgetary provision by Government to supple- ment the additional cost of salary and wage agreements flowing from this Agreement in 1999- 2000 and outyears, and (c) Sharing of gains from productivity improvements be- tween employees and Government. (5) An initial increase of 3.0% is effective from the date of registration of the Agreement with the WAIRC. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 3678 (6) A second increase of 2.0% will be payable one year from the date of registration of this Agreement with the WAIRC, subject to the achievement of productivity gains in the first year of the Agreement and the Office’s ability to fund the sal- ary increase. (7) A further 1.0% salary increase will be paid as a lump sum on or before the last day of the second year of this Agree- ment (two years from the date of registration of the Agreement with the WAIRC), subject to (a) The achievement of productivity gains in the first year of the Agreement, (b) The achievement of Operational Plan targets in 2000- 2001, (c) Achievement of revenue forecasts and the Office’s ability to fund the salary increase during the term of the Agreement. (8) Total salary per annum after the increases referred to in paragraphs (1), (2) and (3) forms the basis of negotiations in the next round of agreements. (9) Subject to the parties to the Agreement having complied with all the requirements placed on them by the Agreement, employees will not be disadvantaged in relation to the Agree- ment by Government decisions which directly impact on the Agreement. 20.—IMPLEMENTATION OF INITIATIVES (1) The parties will develop an agreed process for the imple- mentation of the initiatives outlined in this Agreement. (2) The parties agree to establish a consultative forum to— (a) monitor; (b) review; (c) have input into the progress of the implementation of the Agreement; (d) actively share information and consult on corporate strategic issues affecting the VGO business opera- tion. (3) The parties to the consultative forum will consist of sen- ior management and Union representatives. (4) The employer will ensure that adequate resources are allocated to support the implementation of the initiatives as outlined in this Agreement in order to achieve the milestones PART III: TERMS AND CONDITIONS OF EMPLOYMENT 21.—CONDITIONS OF SERVICE (1) Continuity of employment (a) Employees’ continuity of employment is not affected by the Agreement. A permanent employee will re- tain their permanency of tenure during and on cessation of the Agreement. (b) Existing accrued and pro rata leave and other enti- tlements will be retained under the Agreement. Future leave and other entitlements will be calculated as provided for in this Agreement and added to existing leave and entitlements. (2) Probation (a) A new employee employed by the Valuer General under the terms and conditions of this Agreement will serve a three month probationary period. (b) An employee appointed from the Public Sector of Western Australia, and who has had at least three months of continuous and satisfactory service im- mediately prior to permanent appointment will not be required to serve a period of probation. (c) At any time during the period of probation the Valuer General may annul the appointment and terminate the services of the employee by the giving of one week’s notice or payment in lieu thereof. (d) An employee, who is on probation and has completed three months probation at the time of registration of this Agreement, will be eligible to become a perma- nent employee subject to subclause (3) of this clause. (3) Permanent employee Prior to the expiry of the period of probation, the relevant Branch Manager shall— (a) Have a report completed in respect to the employ- ee’s level of performance, efficiency and conduct; and (b) Confirm the permanent appointment; or (c) Extend the probation period for up to 3 months if the relevant Branch Manager considers further assess- ment of the employee’s performance is required; or (d) Forward the employee’s personal file to the Valuer General with the performance report with a recom- mendation to either extend the period of probation beyond 12 months, or terminate the services of the employee. (4) Fixed Term Employee (a) A fixed term employee is employed for a period of up to five years with a stated commencement and completion date. Subject to subclauses (3), (4) and (5) of this clause, the fixed term employee will be required to serve a three month probationary period under the same conditions as for a permanent em- ployee. All other conditions for a fixed term employee will be the same as for a permanent employee. (5) Termination of Employment a) A permanent or fixed term employee engaged on a full or part time basis shall give the employer writ- ten notice of their intention to resign of not less than four weeks unless a shorter period is otherwise agreed between the employer and the employee. b) An employee who fails to give the required written notice forfeits a sum of $500.00 unless agreement is reached between the employee and the Valuer Gen- eral for a shorter period of notice than that specified. Where a fixed term employee’s services are to be terminated for any reason other than misconduct, that employee shall be given written notice of four weeks or such other period as specified in a contract of serv- ice, or payment of salary for the appropriate period in lieu of notice. c) With regard to termination, procedure should com- ply with the Public Sector Management Act, the Public Sector Standards, the PSA and the Tea Cater- er’s Award as amended from time to time. An employee who is covered by this Agreement shall not be dismissed unfairly, harshly or oppressively from employment. 22.—SALARIES Payment of Salary (1) Employees will be paid an annual salary according to the salary scale listed in Appendix A—Salary Scale and the classification of the position to which they are appointed by the Valuer General. (2) The classification of any particular position, except Sen- ior Executive Service positions, may be changed by the Valuer General in accordance with the Public Sector Management Act and other relevant procedures. (3) Salary shall be paid fortnightly but where the usual pay- day falls on a public holiday, payment shall be made on the previous working day. A fortnight’s salary shall be computed by dividing the annual salary by 313 and multiplying the re- sult by 12. The hourly rate shall be computed as one seventy-sixth of the fortnight’s salary. (4) Salary shall be paid by direct funds transfer to the credit of an account nominated by the officer at a bank, building society or credit union approved by the Under Treasurer or Valuer General, as the Accountable Officer. Provided that where such payment by direct funds transfer is impracticable or where some exceptional circumstances exist, and by agree- ment between the Valuer General and the employee, payment by cheque may be made. 23.—HIGHER DUTIES ALLOWANCE (1) Except where varied by this clause, all other provisions as contained in Clause 14—Higher Duties Allowance of the PSA continue to apply. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3679 79 W.A.I.G. (2) Where an employee is required to act in a position at a higher level than the employee’s substantive position for less than five consecutive working days, the acting period is not considered as higher duty and will not be recognised as such. (3) An employee who is directed by the Valuer General to act in a position which is classified higher than the employ- ee’s own substantive position and who performs the full duties and accepts the full responsibility of the higher position for a continuous period of five or more consecutive working days, shall be paid, subject to subclause (6) of this clause, an allow- ance equal to the difference between the employee’s own salary and the salary the employee would receive if the employee was permanently appointed to the position in which the em- ployee is so directed to act. This period shall not include any time worked as extratime in accordance with Clause 30— Extratime Arrangements of this Agreement. (4) Where an employee who is in receipt of an allowance granted under this clause and has been so for a continuous period of twelve months or more, proceeds on— (a) A period of normal annual leave; or (b) A period of any other approved leave of absence of not more than four weeks the employee shall continue to receive the allowance for the period of leave. Provided that this subclause shall also apply to an employee who has been in receipt of an allowance for less than twelve months if, during the employees absence, no other employee acts in the position in which the employee was acting immedi- ately prior to proceeding on leave; and the employee resumes in the position, or an equivalent level, immediately after the leave. (5) Where an employee, who is in receipt of an allowance granted under this clause, proceeds on— (a) A period of annual leave in excess of the normal; or (b) A period of any other approved leave of absence of more than four weeks, the employee shall not be entitled to receive payment of such allowance for leave which is in excess of that provided in subclause (4) paragraphs (a) and (b) (four weeks). (6) During their first period of acting in each financial year, employees have agreed to forgo the payment for the first five days of a higher duty allowance. (7) An employee who acts in a higher position on more than one separate occasion shall be entitled to payment of higher duties allowance for the full period of acting on the second and subsequent periods of acting per financial year. (8) All periods of acting in five or more consecutive work- ing days will count as qualifying service for promotion and will be recorded on the employee’s personal file. 24.—PRIVATE MOTOR VEHICLE USAGE (1) Except where varied by this clause, all other provisions as contained in Clause 35—Motor Vehicle Allowance of the PSA continue to apply. (2) The Valuer General may invite an employee to provide a private motor vehicle to be used for business purposes. When an employee volunteers to provide a vehicle, the employee shall be reimbursed for such use in accordance with the rate set by the Australian Taxation Office, as amended from time to time. (3) Both parties will agree to a set period of use and the number of times the vehicle will be made available during that period. (4) Where a vehicle is provided voluntarily the employee is required to ensure that all necessary licenses and insurances are in place to warrant the Office against any claims for dam- ages arising from the use of the vehicle. 25.—MEAL ALLOWANCES (1) An employee is entitled to make a claim for meal allow- ance in accordance with the provisions of this Agreement and relevant provisions of the PSA, as varied by this Agreement. (2) All meal allowances will be paid in accordance with the scheduled amount as set out in the PSA, subject to the em- ployee’s certification that each meal claimed was actually purchased. (3) When an employee— (a) Travels to a place of duty outside a radius of 50 kilo- metres from their usual place of work, or beyond the boundaries of the Metropolitan region, whichever is the greater; and (b) The trip does not involve an overnight stay away from their usual place of work reimbursement for all meals claimed will be in accordance with the scheduled amount as set out in the PSA. (4)Breakfast allowance will not be paid unless an employee departs their usual place of work prior to 7.00am. 26.—TRAVEL ALLOWANCE INCENTIVE SCHEME (1) Where an employee is required to travel on official busi- ness and spend several days away from the usual place of work, the employee is eligible for reimbursement of reasonable ex- penses, in accordance with Schedule I – Travelling, Transfer and Relieving Allowance of the PSA. (2) If the employee is able to complete the work sooner than the agreed period between the manager and the employee and therefore reduce the length of stay away from the usual place of work, the employee will receive 25 % of the travelling al- lowance saved as a bonus payment. 27.—HOURS OF DUTY (1) Except where varied by this clause, all other provisions as contained in Clause 16—Hours, of the PSA continue to apply. (2) Prescribed Hours of Duty (a) The prescribed hours of duty to be observed by em- ployees shall be seven hours and thirty-six minutes per day. The hours to be worked are between 7.00am and 6.00pm Monday to Friday as determined by the Valuer General with a minimum lunch interval of thirty minutes to be taken between 12.00 pm and 2.00 pm. An employee shall be allowed a meal break be- tween 12 noon and 2.00 pm of not less than thirty minutes but not exceeding sixty minutes. The em- ployee may be allowed to extend the meal break up to a maximum of two hours, subject to prior approval of the employee’s supervisor. (b) The prescribed hours of duty may be worked with flexible commencement and finishing times in ac- cordance with the provisions of this clause and Clause 28—Flexitime Arrangements, provided that the re- quired hours of duty for each four week settlement period shall be 152 hours. (c) Employees at classification level 6 and above may be required to work additional hours on an outcomes basis to ensure that the needs of clients are met as they arise and the objectives of the employer are sat- isfied. (3) Other Working Arrangements (a) The Valuer General wishing to vary the prescribed hours of duty to be observed shall be required to give one month’s notice in writing to the relevant branch, section or employees affected by the change. (b) The Valuer General may authorise the operation of alternative working arrangements in the Office, or any branch or section thereof, subject to subclause (2) of Clause 16—Hours, of the PSA. (4) Annualising Hours (a) Annualised hours may be used to allow longer hours to be worked in peak periods and shorter hours in quiet periods. These hours are available in conjunc- tion with flexitime, nine day fortnight and extratime arrangements. Where the employee is required by a manager or supervisor to work additional hours out- side core periods and subject to the employee’s agreement, the additional hours will be accumulated as credit hours. (b) Subject to the supervisor’s approval, this accumu- lated time can be stored past the settlement period provided for under flexitime provisions, and used during the quiet periods. In the event the employee has a negative flexitime balance, the accumulation towards annualised hours shall not commence until the negative flexitime balance is cleared. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 3680 (c) In compliance with the Occupational Safety and Health Act, an employee shall not be compelled to work more than five consecutive hours without a meal break and at the conclusion of a meal break the cal- culation of the five hour limit recommences. On this basis, a maximum of ten hours may be worked in any one day. (d) Annualised hours may be accrued during ordinary hours between 7.00am and 6.00pm. Therefore— (i) Under flexitime provisions, the maximum hours that will be allowed in any one day for annualising is two hours and twenty four min- utes on the basis of a normal working period of seven hours and thirty six minutes per day. (ii) Under nine day fortnight provisions, the maxi- mum hours that will be allowed in any one day for annualising is one hour thirty three minutes on the basis of a normal working pe- riod of eight hours twenty seven minutes per day. (e) Where the hours worked exceed the maximum hours referred to in paragraph (c) of this subclause then those excess hours will be considered as extratime subject to Clause 30—Extratime Arrangements of this Agreement. (5) Nine Day Fortnight (a) The Valuer General may authorise the operation of a nine day fortnight. The prescribed hours of duty of seventy six hours per fortnight are worked over nine days per fortnight, exclusive of work performed on Saturday, Sunday and the special rostered day off, with each day consisting of eight hours and twenty seven minutes (b) The Valuer General shall determine the employee’s starting and finishing times between the hours of 7.00am and 6.00pm in order to ensure that the VGO’s requirements are met on each day. An employee shall be allowed a meal break between 12 noon and 2.00 pm of not less than thirty minutes but not exceeding sixty minutes. The employee may be allowed to ex- tend the meal break up to a maximum of two hours, subject to prior approval of the employee’s supervi- sor. (c) Subject to paragraph (a) of this subclause, each em- ployee shall be allowed one special rostered day off each fortnight in accordance with a roster prepared by management showing days and hours of duty and special rostered days off for each employee. (d) For the purposes of leave and public holidays, a day shall be credited as eight hours and twenty-seven min- utes, notwithstanding the following— (i) When a public holiday or public service holi- day falls on an employee’s rostered day off the employee shall be granted a day in lieu of the holiday prior to the conclusion of the cur- rent fortnight cycle. (ii) For a public holiday or public service holiday occurring during a period of annual leave, an additional day will be added to the period of leave irrespective of whether it falls on a rostered work day or special rostered day off. (iii) A four-week annual leave entitlement is equivalent to 152 hours, the equivalent to 18 rostered working days of 8 hours and 27 min- utes, and two special rostered days off. (iv) An employee who is sick on a special rostered day off will not be granted sick leave for that day, and will not be credited with an additional day off in lieu. (6) The provisions of Clause 30—Extratime Arrangements of this Agreement, shall apply for work performed prior to an employee’s nominated starting times and after an employee’s nominated ceasing time in accordance with subclause (5) para- graph (b) and on an employee’s special rostered day off. 28.—FLEXITIME ARRANGEMENTS (1) In accordance with the flexitime provisions, the employee may be allowed a maximum of two full days off in any one settlement period. Subject to the approval of the manager or supervisor and the employee having accrued sufficient credit hours to cover the absence prior to taking the leave, flexileave can be taken in minimum increments of one hour or any com- bination of half days and full days that does not in total exceed two days per settlement period. (2) Subject to approval of the supervisor, employees may select their own start and finish times within the following periods— 7.00 am to 9.30 am 12.00 noon to 2.00 pm (minimum half an hour break) 3.30 pm to 6.00 pm (3) Employees must work in the following core periods un- less unavoidably absent due to illness or approved leave— 9.30 am to 12.00 noon 2.00 pm to 3.30 pm (4) An employee shall be allowed a meal break between 12 noon and 2.00 pm of not less than thirty minutes but not ex- ceeding sixty minutes. The employee may be allowed to extend the meal break up to a maximum of two hours, subject to prior approval of the employee’s supervisor. Employees shall not be compelled to work more than five hours without a meal break and therefore a maximum of ten hours may be worked in any one day. (5) For recording time worked, there shall be a settlement period which shall consist of four weeks. The settlement pe- riod shall commence from the Monday following the designated pay period. The required hours of duty for a settle- ment period shall be 152 hours. (6) Credit hours in excess of the required 152 hours up to a maximum of seven hours and thirty-six minutes are permitted at the end of each settlement period. (7) Such credit hours shall be carried forward to the next settlement period. Credit hours in excess of seven hours and thirty six minutes at the end of each settlement period shall be lost unless prior approval has been given by the Valuer Gen- eral in which case the additional hours worked may be treated as annualised hours in accordance with Clause 27—Hours of Duty or extratime in accordance with Clause 30—Extratime of this Agreement. Credit hours under flexitime arrangements shall not exceed twenty hours at any point within the settle- ment period. (8) Debit hours below the required 152 hours up to a maxi- mum of four hours are permitted at the end of each settlement period. Such debit hours shall be carried forward to the next settlement period. For debit hours in excess of four hours, the employee may be requested to take approved leave for the period necessary to reduce debit hours to those specified in this subclause. Employees having excessive debit hours may be placed on standard working hours in addition to being re- quired to take approved leave or leave without pay. 29.—HOME BASED WORK (1) The employee can seek a work from home arrangement, for all or part of their working hours, during the operation of this Agreement and in accordance with Schedule B—Home Based Work Policy. This may be for a fixed period or for an indefinite period. A work from home arrangement may be granted providing— (a) The arrangement suits customer service and work requirements, (b) The Valuer General is satisfied that the employee’s work outputs can be adequately monitored, (c) Adequate safety provisions (as determined by the Valuer General) are available in the home, (d) Arrangements can be agreed between the parties for the provision of equipment, and (e) Appropriate insurance requirements, such as Worksafe, Workcover and Risk Management, can be met. (f) Compliance with the Occupational Safety and Health Act, the Worker’s Compensation Act and other rel- evant legislation. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3681 79 W.A.I.G. 30.—EXTRATIME ARRANGEMENTS (1) This clause replaces Clause 18—Overtime Allowance of the PSA. (2) All work performed by direction of the Valuer General before or after the prescribed hours of duty on a weekday, on a Saturday, Sunday, Public holiday or Public Service Holiday, shall be deemed as extratime and, subject to Schedule C— Extratime Policy of this Agreement, the employee shall be compensated for by being given paid time off in lieu of such extratime worked on an hour for hour basis. All work leading to a claim for extratime requires the prior approval of the Branch Manager (3) A minimum break of thirty minutes shall be made for meals between, 12.00 noon and 2.00pm and between 4.30pm and 6.30pm when extratime duty is being performed. Except in the case of emergency, an employee shall not be compelled to work more than five hours extratime without a meal break. The calculation of the five-hour limit recommences at the con- clusion of a meal break. An employee required to work extratime who purchases a meal shall be reimbursed upon cer- tification that each meal claimed was actually purchased. (4) An employee who is required to return to duty before or after the prescribed hours of duty shall be entitled to a mini- mum amount of time off in lieu in accordance with Schedule C—Extratime Policy. The minimum time off in lieu provi- sions do not apply to an employee rostered for “out of hours contact” duty. (5) The employee shall be required to clear the extratime within three months of the extratime being performed. If the VGO is unable to release the employee to clear such leave, or on request from the employee and agreed to by the Branch Managers or Delegated Officer, then the employee shall be paid for the extratime worked at the applicable hourly rate. (6) Provided that by agreement between the Branch Man- ager and the employee, time off in lieu of extratime may be able to be accumulated beyond three months from the time the extratime is performed so as to be taken in conjunction with periods of leave. Travelling Time (7) When an employee, having received prior notice, is re- quired to return to duty to their usual place of work, the employee will receive an amount of half an hour of travelling time each way to be included as extratime. This half an hour of travelling time will not apply to an employee rostered for “out of hours” contact or on emergency duty. (8) Subject to subclause (9), the time off in lieu for travel- ling time will be granted only if work was performed on the same day and is outside of the prescribed hours of duty. (9) The time off in lieu for travelling time will not be granted as extratime if the extratime work performed is continuous (subject to meal breaks) with the completion or commence- ment of prescribed hours of duty and the work was performed at the usual place of work. (10) Travelling time may be claimed as extratime in a number of different circumstances apart from that described in subclauses (7), (8) and (9). These circumstances are set out in the Schedule C—Extratime Policy. (11) All claims for travelling time to be included as extratime are to be made in accordance with the provisions of the Sched- ule C – Extratime Policy. 31.—VOLUNTARY REDUCED TIME ARRANGEMENTS. (1) This initiative is to allow an employee to voluntarily trade income for time off for an agreed period within the term of this Agreement with the right to return to full time at the end of that period. The time off can be taken by reducing the working day or week or by taking a block of time off during the term of this Agreement. (2) Reductions of work time (and salary) can generally range up to 50% for example— (a) A work week of 5 days at 6 hours each, (b) A four day work week with no change in the length of the working day, (c) A three day work week at 10 hours per day. (3) This initiative provides greater flexibility for an employee to work part time on an interim basis but is subject to meeting the operational requirements of the VGO and the approval of the Valuer General. (4) Upon expiry of the agreed period, the employee shall return to the original position occupied prior to entering the voluntary reduced time arrangements (5) Each voluntary reduced time arrangement shall be con- firmed in writing and shall include the agreed period of the arrangement and the agreed hours of duty. 32.—PART TIME EMPLOYMENT. (1) Except where varied by this clause, all other provisions of Clause 9—Part Time Employment of the PSA continue to apply. (2) Permanent part time employment is defined as regular and continuing employment for a minimum of fifteen hours and 12 minutes per week and a maximum of 30 hours and 24 minutes per week. (3) Each permanent part time arrangement shall be confirmed in writing and shall include the agreed period of the arrange- ment and the agreed hours of duty. (4) The employer shall give a part time employee one months notice, in writing, of any proposed variation to that employ- ee’s starting and finishing times and/or particular days worked provided the employer shall not vary the employee’s total weekly hours or the agreed hours of duty without the employ- ee’s prior written consent. (5) An employee who is employed on a part time basis shall be paid a proportion of the appropriate full time salary de- pendent upon the number of hours worked. The salary shall be calculated in the following manner— Hours worked per fortnight Full time fortnightly salary 76 1 (6) The employee shall be entitled to the same leave and conditions as prescribed for full time employees on a pro rata basis wherever it applies. Payment to an employee proceeding on accrued annual leave and long service leave shall be calcu- lated on a pro rata basis having regard for any variations to the employee’s ordinary working hours during the accrual period. (7) The conversion of a full time employee to part time em- ployment can only be implemented with the written consent or by written request of the employee, subject to the conven- ience of the Office. No employee may be converted to part time employment without his or her prior agreement. 33.—ANNUAL LEAVE (1) Except where varied by this clause, all other provisions as contained in Clause 19—Annual Leave of the PSA con- tinue to apply. (2) For the purpose of this clause— (a) Accrued or accumulated leave—is the leave an em- ployee is entitled to from previous calendar year(s). (b) Pro-rata leave—is the proportion of leave that an em- ployee is entitled to in the current year, either from the date of commencement or to date of cessation. (3) Each employee is entitled to four weeks paid leave for each year of service, which shall be calculated on a daily ac- crual basis. An employee who commences with the VGO after January 1 in any year is entitled to a proportion of the annual leave entitlement. (4) Unused accrued and pro rata leave entitlements will be retained under this Agreement. (5) A fixed term employee appointed for a period greater than twelve months, shall be credited with the same entitle- ment as a permanent employee. A fixed term employee appointed for a period less than twelve months, shall be cred- ited with the same entitlement on a pro rata basis for the period of the contract. A part-time employee shall be entitled to the same annual leave entitlements, on a pro rata basis according to the number of hours worked each fortnight. (6) An employee may take annual leave during the calendar year in which it accrues, at the convenience of the VGO or as otherwise approved by the Valuer General. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 3682 (7) The salary rate paid to the employee for any period of annual leave accrued before the commencement of this Agree- ment and taken during the term of the Agreement, shall be at the rate applicable to the employee under the terms and enti- tlements of this Agreement. (8) The salary rate paid to the employee for any period of annual leave to which the employee becomes entitled during the term of this Agreement shall be at the rate applicable to the employee at the time when the leave is taken. (9) In exceptional circumstances, an employee who has ac- cumulated annual leave entitlements prior to the term of the Agreement may apply to convert the accumulated leave and leave loading entitlements into an equivalent cash amount, subject to the Valuer General’s approval and availability of funds. A written application for payment in lieu of accumu- lated annual leave must be made to the Valuer General. Cash payment for leave entitlements for the current year will not be allowed. (10) Annual Leave Loading (a) Since 1 January 1998, all leave loading on the cur- rent year’s entitlement has been annualised, in accordance with Appendix A. All past leave loading entitlements prior to 1 January 1998, will continue to be paid as lump sums as accrued leave entitle- ments are progressively cleared. (b) Where payment in lieu of accrued or pro rata annual leave is made on the death or retirement of an em- ployee, a loading calculated in accordance with the terms of this clause is to be paid on accrued and pro rata leave. (c) Where an employee resigns, or ceases employment, or is dismissed under the Public Sector Management Act, annual leave loading shall be paid out. 34.—LONG SERVICE LEAVE (1) Except where varied by this clause, all other provisions as contained in Clause 21—Long Service Leave of the PSA continue to apply. (2) For the purpose of determining an employee’s long serv- ice leave entitlement, the expression “continuous service” includes any period during which the employee is absent on full pay or part pay from duties in the Public Service but does not include— (a) any period exceeding two weeks during which the employee is absent on leave without pay or parental leave, except where leave without pay is approved for the purpose of fulfilling an obligation by the Government of Western Australia to provide staff for a particular assignment external to the Public Sector of Western Australia; (b) any period during which an employee is taking long service leave entitlement or any portion thereof ex- cept in the case of subclause (11), when the period excised will equate to a full entitlement of thirteen weeks; (c) any service by an employee who resigns, is dismissed or whose services are otherwise terminated other than service prior to such resignation, dismissal or termi- nation when that prior service has actually entitled the employee to the long service leave under this clause; and (d) any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave. (3) An employee who has completed a period of seven years of continuous service in a permanent capacity or ten years of continuous service in a temporary capacity shall be entitled to thirteen weeks of long service leave on full pay. An employee is entitled to an additional thirteen weeks of long service leave on full pay for each subsequent period of seven years of con- tinuous service completed by the employee. (4) A part-time employee shall have the same entitlement to long service leave as a full time employee, however payment made during such periods of long service leave shall be ad- justed according to the hours worked by the officer during the accrual period. (5) Should an employee have an accrued long service leave entitlement prior to and during the term of the Agreement, the employee may apply to take the complete entitlement of long service leave on full or half pay, or take the long service leave in a minimum of one week increments at full or half pay sub- ject to the following classification— (a) A long service leave entitlement which fell due prior to March 16 1988 amounted to three months; and (b) A long service leave entitlement which fell due on or after that date shall amount to thirteen weeks. (6) In exceptional circumstances an employee who has ac- cumulated long service leave entitlements prior to and during the term of the Agreement may apply to convert all, or incre- ments of one week, of accumulated leave into an equivalent cash amount, subject to the Valuer General’s approval and availability of funds. Written application to the Valuer Gen- eral will be required for payment in lieu of accumulated long service leave. (7) The Valuer General may direct an employee to take ac- crued long service leave and may determine the date on which the such leave shall commence. Should the employee not com- ply with the direction, disciplinary action may be taken against the employee. (8) A public holiday occurring during an employees 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. (9) An employee who has elected to retire at or over the age of fifty five years and who will complete more than twelve months continuous service before the date of retirement may apply to the Valuer General to be paid pro rata long service. (10) An employee who, during an accrual period was sub- ject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the em- ployee’s ordinary working hours at the time of commencement of long service leave may elect to take a lesser period of long service leave calculated by converting the average ordinary working hours during the accrual period to the equivalent or- dinary hours at the time of commencement of long service leave. 35.—SICK LEAVE (1) Except where varied by this clause, all other provisions as contained in Clause 22—Sick Leave of the PSA continue to apply. (2) The Valuer General shall credit each permanent employee with the following sick leave credits, which shall be cumula- tive— Full pay Half pay On the day of initial appointment 38 hours 15 hours 12 minutes On completion of 6 months 38 hours 22 hours 48 minutes continuous service On the completion of 12 months 76 hours 38 hours continuous service On the completion of each further 76 hours 38 hours period of 12 months continuous service (3) A fixed term employee appointed for a period greater than twelve months, shall be credited with the same entitle- ment as a permanent employee. A fixed term employee appointed for a period less than twelve months, shall be cred- ited with the same entitlement on a pro rata basis for the period of the contract. (4) A part-time employee shall be entitled to the same sick leave credits, on a pro rata basis according to the number of hours worked each fortnight. Payment for sick leave shall only be made for those hours that would normally have been worked had the employee not been on sick leave. The provisions of this clause do not apply to casual employees. (5) In any one calendar year for each unused seven hours and thirty six minutes sick leave entitlements on full pay, em- ployees will be granted one hour bonus leave up to a maximum of ten hours bonus leave per year, which will be taken as time in lieu within six months of the completion of each calendar year. If the VGO is unable to release the employee to clear such leave, or on request from the employee and agreed to by the Valuer General, then the employee shall be paid for the time in lieu at the then current hourly rate. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3683 79 W.A.I.G. (6) Subject to subclause (5), all existing pro rata bonus leave shall be retained under this Agreement. Future bonus leave will be calculated as provided for in this Agreement and added to the existing bonus leave entitlements. The bonus leave pro- vision will not have effect on any other cumulative sick leave entitlement accumulated before the commencement of this Agreement. (7) An application for sick leave exceeding two consecutive working days shall be supported by the certificate of a regis- tered medical practitioner or, when the nature of the illness consists of a dental condition, by the certificate of a registered dentist. (8) The amount of sick leave granted without the production of the certificate shall not exceed, in the aggregate, five work- ing days in any one credit year. (9) Where an employee is ill during the period of annual leave or long service leave and produces as soon as practica- ble, medical evidence that as a result of the illness the employee was confined to the employee’s place of residence or a hospi- tal for a period of at least seven consecutive calendar days of annual leave or fourteen consecutive calendar days of long service leave respectively, then the Valuer General may grant sick leave for the period during which the employee was so confined and reinstate annual leave or long service leave equivalent to the period of confinement. (10) An employee who is absent on leave without pay is not eligible for sick leave during the currency of that leave with- out pay. (11) No sick leave shall be granted with pay, if the illness has been caused by the misconduct of the employee or in any case of absence from duty without sufficient cause. (12) Where an employee who has been retired from the VGO on medical grounds resumes duty therein, sick leave credits at the date of retirement shall be reinstated. This provision does not apply to an employee who has resigned from the VGO and is subsequently re-appointed. (13) Where an employee suffers a disability, as prescribed by the Worker’s Compensation and Assistance Act, 1981 and as amended, which necessitates that an employee being ab- sent from duty, sick leave with pay shall be granted to the extent of sick leave credits. Where the claim for worker’s com- pensation is decided in favour of the employee, sick leave credit is to be reinstated and the period of absence shall be granted as workers compensation. (14) An employee who produces a certificate from the De- partment of Veteran’s Affairs stating that the employee suffers from war caused illness, may be granted special sick leave credits of fifteen normal working days per annum on full pay in respect of that war caused illness. These credits shall accu- mulate up to a maximum credit of forty five normal working days, and shall be recorded separately to the employee’s nor- mal sick leave credit. Every application for sick leave for war caused illness shall be supported by a certificate from a regis- tered medical practitioner as to the nature of the illness. 36.—COMPASSIONATE LEAVE (1) In accordance with Schedule D—Compassionate Leave Policy of this Agreement, an employee is entitled to paid com- passionate leave of up to three days on the death of— (a) The spouse or de facto spouse of an employee (in- cluding a spouse from whom the employee is separated); or (b) The child, stepchild, or grandchild of an employee; or (c) The father, mother (including a guardian of depend- ant children), stepfather, stepmother, father in law or mother in law of an employee; or (d) Brother, sister, grandfather or grandmother of an em- ployee; or (e) Any other person who, immediately before that per- son’s death, lived with the employee as a member of the employee’s family provided that the funeral of such a relation is held on one of the days of leave granted. (2) In accordance with Schedule D—Compassionate Leave Policy of this Agreement, an employee is also entitled to paid compassionate leave of up to three days in any one calendar year, in respect of the incapacitating illness of the spouse or dependant child of the employee provided that the employee establishes to the satisfaction of the Valuer General that the spouse or child is in need of the assistance of the employee and that no other person is available for this purpose. (3) The right to paid compassionate leave shall be depend- ant on compliance with the following conditions— (a) The employee shall give the Valuer General or Del- egated Officer notice of intention to take such leave as soon as reasonably practicable, (b) The employee shall provide satisfactory evidence of such death or incapacitating illness, if so requested by the Valuer General, (c) An application for compassionate leave for incapaci- tating illness exceeding two consecutive days shall be supported by the certificate of a registered medi- cal practitioner, (d) The employee shall not be entitled to leave under this clause in respect of any period which coincides with any other period of leave entitlement. (4) The provisions of this clause also apply to— a) Part-time employees—leave granted as per subclause (2) of this clause is calculated on a pro rata basis in accordance with Schedule D—Compassionate Leave Policy of this Agreement. b) An employee employed on a fixed term contract of more than twelve months. c) An employee employed on a fixed term contract of less than twelve months—leave granted as per subclause (2) of this clause is calculated on a pro rata basis in accordance with Schedule D—Compas- sionate Leave Policy of this Agreement. 37.—PARENTAL LEAVE (1) An employee is entitled to take up to fifty two consecu- tive weeks of unpaid leave in respect of— a) the birth of a child to the employee or the employ- ee’s spouse; or b) the placement of a child with the employee with a view to the adoption of the child by the employee. subject to the employee giving the employer at least ten weeks written notice of intention to take the leave. (2) Where both employees are employed by the Valuer Gen- eral only one employee will be entitled to take parental leave at the same time but this subclause does not apply to one week’s parental leave— a) Taken by the male parent after the birth of the child; or b) Taken by the employee and the employee’s spouse after a child has been placed with them with a view to their adoption of the child. (3) An employee who has given notice of intention to take parental leave or who is actually taking parental leave is to notify the Valuer General of any period of parental leave taken or to be taken by the employee’s spouse in relation to the same child. The entitlement to parental leave is reduced by any pe- riod of parental leave taken by the employee’s spouse in relation to the same child except for the period of one week’s leave referred to in subclause (2). (4) An employee who has given notice to take parental leave must notify the Valuer General of the starting and finishing dates of the period of parental leave and will be subject to the Valuer General’s approval. An employee proceeding on pa- rental leave may elect to extend or reduce the period of the original application within the limitations of Schedule E— Parental Leave Policy of this Agreement. (5) An employee who has given notice to take parental leave, other than for adoption, is to provide to the Valuer General a certificate from a medical practitioner confirming the preg- nancy and the expected date of birth. The pregnant employee is to start the leave six weeks before the expected date of birth unless in respect of any period closer to the expected date of birth a medical practitioner has certified that the employee is fit to work. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 3684 (6) Where an employee has not applied for leave in accord- ance with this clause, and does not have express approval of the Valuer General for continued employment, the Valuer Gen- eral may direct the employee to take parental leave, and may determine the date on which such leave shall commence. (7) On finishing parental leave and subject to the VGO’s requirements, an employee is entitled to the position the em- ployee held immediately before starting parental leave. (8) Absence on parental leave does not break the continuity of service of an employee and is not to be taken into account when calculating the period of service for a purpose of salary increments, sick leave credits, long service leave and annual leave. (9) A part-time employee shall have the same entitlement to parental leave as full time employees. An employee employed on a fixed term contract shall have the same entitlement to parental leave, however the period of leave granted shall not extend beyond the term of that contract. 38.—LEAVE WITHOUT PAY (1) Except where varied by this clause, all other provisions as contained in Clause 24—Leave Without Pay of the PSA still continue to apply. (2) Subject to the provisions of subclause (3) of this clause, the Valuer General may grant an employee leave without pay for any period. (3) Every application for leave without pay will be consid- ered on its merits and may be granted provided that— a) The leave does not conflict with the VGO’s opera- tional requirements, b) All time in lieu, annual recreational leave and long service leave credits are exhausted. 39.—REDUNDANCY (1) The conditions and entitlements as provided for in Part 6 (Redeployment and Redundancy of Employees) of the Public Sector Management Act and in the Public Sector Management (Redeployment and Redundancy) Regulations 1994, will ap- ply to all employees. APPENDIX A—SALARY SCALE (1) The annual salaries/wages applicable to employees cov- ered by this Agreement shall be— Salary p.a. Salary p.a. Salary p.a. Salary p.a. EBA 1997 Date of One Year from Two Years from Registration Registration Registration (3.0%) (2.0%) (1.0%) Level 1 Under 17 years $12,603 $12,981 $13,240 $13,373 17 years $14,729 $15,171 $15,474 $15,629 18 years $17,181 $17,696 $18,050 $18,231 19 years $19,887 $20,484 $20,894 $21,102 20 years $22,333 $23,003 $23,463 $23,697 1.1 $24,532 $25,268 $25,774 $26,031 1.2 $25,288 $26,047 $26,568 $26,833 1.3 $26,043 $26,824 $27,361 $27,634 1.4 $26,793 $27,597 $28,149 $28,431 1.5 $27,547 $28,374 $28,941 $29,230 1.6 $28,302 $29,151 $29,734 $30,031 1.7 $29,170 $30,045 $30,646 $30,952 1.8 $29,770 $30,664 $31,277 $31,590 1.9 $30,659 $31,579 $32,210 $32,532 Level 2 2.1 $31,722 $32,674 $33,327 $33,661 2.2 $32,536 $33,512 $34,183 $34,524 2.3 $33,393 $34,395 $35,083 $35,434 2.4 $34,298 $35,327 $36,034 $36,394 2.5 $35,246 $36,303 $37,029 $37,400 Level 3 3.1 $36,547 $37,644 $38,397 $38,781 3.2 $37,561 $38,688 $39,461 $39,856 3.3 $38,607 $39,765 $40,560 $40,966 3.4 $39,680 $40,870 $41,687 $42,104 Level 2/3/4 Step 1 $31,722 $32,674 $33,327 $33,661 Step 2 $32,536 $33,512 $34,183 $34,524 Step 3 $34,298 $35,327 $36,034 $36,394 Step 4 $36,547 $37,644 $38,397 $38,781 Step 5 $38,607 $39,765 $40,560 $40,966 Step 6 $41,152 $42,387 $43,235 $43,667 Step 7 $43,492 $44,797 $45,693 $46,150 Salary p.a. Salary p.a. Salary p.a. Salary p.a. EBA 1997 Date of One Year from Two Years from Registration Registration Registration (3.0%) (2.0%) (1.0%) Level 4 4.1 $41,152 $42,387 $43,235 $43,667 4.2 $42,305 $43,574 $44,446 $44,890 4.3 $43,492 $44,797 $45,693 $46,150 Level 5 5.1 $45,778 $47,152 $48,095 $48,575 5.2 $47,323 $48,743 $49,718 $50,215 5.3 $48,929 $50,397 $51,405 $51,919 5.4 $50,595 $52,113 $53,155 $53,686 Level 6 6.1 $53,273 $54,871 $55,969 $56,528 6.2 $55,094 $56,743 $57,878 $58,457 6.3 $56,956 $58,659 $59,832 $60,430 6.4 $58,941 $60,704 $61,918 $62,537 Level 7 7.1 $61,986 $63,840 $65,117 $65,768 7.2 $64,093 $66,010 $67,330 $68,004 7.3 $66,385 $68,371 $69,738 $70,436 Level 8 8.1 $70,110 $72,208 $73,652 $74,388 8.2 $72,778 $74,956 $76,455 $77,220 8.3 $76,087 $78,364 $79,932 $80,731 Level 9 9.1 $80,220 $82,621 $84,273 $85,116 9.2 $83,012 $85,497 $87,206 $88,079 9.3 $86,196 $88,777 $90,552 $91,458 Class 1 $91,012 $93,737 $95,611 $96,568 Class 2 $95,828 $98,697 $100,671 $101,677 Class 3 $100,640 $103,654 $105,727 $106,784 Class 4 $105,456 $108,614 $110,786 $111,894 Salary p.a. Salary p.a. Salary p.a. Salary p.a. EBA 1997 Date of One Year from Two Years from Registration Registration Registration (3.0%) (2.0%) (1.0%) Tea Attendants On commencement $23,818 $24,533 $25,024 $25,274 After 12 months $24,134 $24,858 $25,355 $25,609 After 24 months & thereafter $24,409 $25,141 $25,644 $25,900 APPENDIX B—SIGNATORIES TO AGREEMENT This Agreement shall be lodged with the