Enterprise Bargaining Agreement 1998. 19 March 1998. Order. HAVING heard Ms R. Mitussis on behalf of the v Ms J. Stone on behalf of the
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APPLICANT: Enterprise Bargaining Agreement 1998. 19 March 1998. Order. HAVING heard Ms R. Mitussis on behalf of the
RESPONDENT: Ms J. Stone on behalf of the
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Civil Service Association of Western Australia Incorporated and The Honourable Minister for Education and Another. No. PSAAG 32 of 1998. Education Department of Western Australia (CSA) Enterprise Bargaining Agreement 1998. 19 March 1998. Order. HAVING heard Ms R. Mitussis on behalf of the applicant and Ms J. Stone on behalf of the respondents and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1997, hereby orders— THAT the Education Department of Western Australia (CSA) Enterprise Bargaining Agreement 1998 as filed in the Commission on the 18th day of March 1998 and as subsequently amended by the parties on the 19th day of March 1998 be registered on and from the 19th day of March 1998. (Sgd.) A.R. BEECH, [L.S.] Commissioner. Schedule. 1.—TITLE This Agreement shall be known as the Education Depart- ment of Western Australia (CSA) Enterprise Bargaining Agreement 1998. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Scope 4. Parties to the Agreement 5. Definitions 6. Date and Operation of the Agreement 7. No Further Claims 8. Relationship to Parent Awards and Agreements 9. Dispute Resolution Procedure 10. Grievance Resolution Procedures 11. Objectives and Principles 12. Anti-Discrimination 13. Copies of Agreement 14. Commitment 15. Salary Increases 16. Productivity Measurement 17. Flexibility in Working Hours 18. Annualised Hours 19. Improving the Working Environment 20. Higher Duties Payment During Periods of Long Serv- ice Leave and Annual Leave 21. Ceremonial Leave 22. Employee Funded Extra Leave 23. Consultation 24. Personnel 2000 25. Dependent Care 26. Annual Leave Travel Concessions 27. Annual Leave Loading 28. Deferred Salary Scheme 29. Steering Committee 30. Home Based Work 31. Student Absenteeism 32. Devolution 33. Relief Registrar List 34. Professional and Career Development 35. School Bus Services 36. Family Carers Leave 37. Annual and Long Service Leave 38. Clearance of Accrued Annual Leave 39. Induction Training 40. Parental Leave 41. Extended Parental Leave 42. Higher Duties Allowance During Annual Leave — Ministerial Officers 43. Level 1 Classification 44. Specially Funded Contracts 45. Part-Time Work 46. Discretionary Days 47. North West Child Allowance 48. Security 49. Staffing Levels 50. Performance Management 51. Agreement to Multi-Skilling 52. IT Support Centre 53. Signature of Parties to Agreement Schedule A — Salaries Schedule B — Productivity Measurement Schedule C — Personnel 2000 Schedule D — Deferred Salary Scheme Schedule E — Home Based Work 3.—SCOPE This Enterprise Bargaining Agreement shall apply to Edu- cation Department of Western Australia employees, including the Senior Executive Service, who are eligible to be members of the Civil Service Association of Western Australia Incorpo- rated (the “Union”). It is estimated that the number of employees who will be covered by this Agreement will be three thousand nine hundred and ninety (3990). 4.—PARTIES TO THE AGREEMENT This Agreement is made between the Minister for Educa- tion and the Director-General of the Education Department of Western Australia (the Employer) and the Civil Service Asso- ciation of Western Australia Incorporated. 5.—DEFINITIONS In these terms and conditions, unless the context otherwise requires, the following expressions shall have the following meanings— “Agreement” means the Education Department of West- ern Australia (CSA) Enterprise Bargaining Agreement 1998. “Department” means the Education Department of West- ern Australia. “Employee” means, for the purpose of this Agreement, those employees referred to in Clause 3.— Scope of this Agreement. “Employer” means the Minister for Education and the Director General of the Education Depart- ment of Western Australia. “Government” means the State Government of Western Australia. “Minister” means the Minister or Ministers of the Crown responsible for the administration of the Department. “Union” means the Civil Service Association of Western Australia Incorporated. “PSA” means the Public Service Award 1992. “GOSAC” means the Government Officers Salaries, Al- lowances and Conditions Award 1989. “EDMOSAC” means the Education Department Ministe- rial Officers Salaries, Allowances and Conditions Award 1983. “WAIRC” means the Western Australian Industrial Re- lations Commission. 6.—DATE AND OPERATION OF THE AGREEMENT (1) This Agreement shall operate from date of registration and shall remain in force for two years from the commence- ment date. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2662 (2) This Agreement will continue in force after the expiry of its term until such time as either of the parties withdraws from the Agreement by notification in writing to the other party and to the WAIRC. (3) Subject to the continuation of the initiatives contained in this Agreement, the pay quantum achieved as a result of this Agreement will remain and form the new base pay rates for future agreements or continue to apply after the term has ex- pired. (4) The parties agree to commence negotiations on a new enterprise agreement at least six months prior to the expira- tion of this Agreement, in order to complete negotiations two months prior to the expiration of the current agreement. 7.—NO FURTHER CLAIMS The parties to this Agreement undertake that for the dura- tion of the Agreement there shall be no further salary or wage increases sought or granted except for those provided under the terms of this Agreement. This Agreement will not reduce the ordinary time earnings of any employee subject to this Agreement. 8.—RELATIONSHIP TO PARENT AWARDS AND AGREEMENTS This Agreement shall be read in conjunction with the— • Public Service Award 1992; • Government Officers Salaries, Allowances and Con- ditions Award 1989; • Education Department Ministerial Officers Salaries, Allowances and Conditions Award 1983; • Residential Supervisors Staff Agreement 1995; and • Technical Officer—Agricultural Instruction Staff Agreement 1997. This Agreement shall replace the— • Education Department of Western Australia (CSA) Enterprise Agreement 1996; and • Education Department of Western Australia (CSA) Enterprise Agreement 1997. In the case of inconsistencies, this Agreement shall have prec- edence to the extent of the inconsistencies. 9.—DISPUTE RESOLUTION PROCEDURE The following procedure shall apply for the purpose of deal- ing with any question, dispute or difficulties between an employee and the employer arising under this Agreement, in- cluding any provisions implied in the Agreement by the Minimum Conditions of Employment Act 1993. The principle of conciliation and direct negotiation shall be adopted for the purpose of prevention and settlement of any industrial dispute that may arise. The parties should take an early and active part in discus- sions and negotiations aimed at preventing or settling disputes and where in any case a dispute cannot be resolved by direct consultation between the parties involved, the dispute is to be processed in accordance with the following procedures— (1) For work site/work area disputes the Union repre- sentative and/or employee(s) concerned shall utilise the process in Clause 10.—Grievance Resolution Procedures of this Agreement. (2) Where the Union or employee believes that the dis- pute has system wide ramifications, the dispute may be referred directly to the Secretary of the Union and the Director-General of the Department in accord- ance with Clause 10.—Grievance Resolution Procedures of this Agreement. If the matter remains unresolved then either party may refer the matter to the WAIRC. (3) If a dispute relates to an alleged ambiguity or uncer- tainty in this Agreement either party may at any time apply for variation of the Agreement to eliminate the alleged uncertainty or ambiguity or the Commission may act on it’s own motion to take steps to vary this Agreement. 10.—GRIEVANCE RESOLUTION PROCEDURES The Department and Union recognise that they have differ- ent roles and responsibilities. In doing so they also accept the need for a grievance settlement procedure and commit them- selves to following this procedure in order that disputes can be settled through consultation and negotiation whenever pos- sible. (1) Principles (a) The objective of this procedure is to ensure that griev- ances raised by employees are resolved in a fair, equitable and prompt manner. The principles of natu- ral justice will apply at all stages of the procedure. Confidentiality will be maintained. This procedure will be followed in accordance with legislative re- quirements that might otherwise apply. (b) The grievance should be reported as soon as is prac- ticable after the grievance has arisen so that a resolution can be obtained as close to the work site and as soon as possible. The status quo will be main- tained during the period of any dispute established under this clause. (c) The employee/s may request the presence or assist- ance of recognised union representatives or other person of their choice at any stage of the grievance resolution process. (d) An employee will not be subject to any form of dis- crimination or retaliation because they have raised a grievance. (e) Where the Union/employee believes that the griev- ance has system wide ramifications, the grievance may be referred directly to the Secretary of the Un- ion and the Director-General of the Department in accordance with Clause 9.—Dispute Resolution Pro- cedure of this Agreement. (f) The provisions of this clause do not apply where a current Act or alternative formal procedures exist (i.e. Promotion Appeals). (2) Work site/Work area Grievances Procedure (a) When an employee or group of employees within a work site consider they have a grievance the matter shall be acted on in accordance with the provisions of this clause. Subject to the Industrial Relations Act, 1979 as amended, any grievance, complaint or dis- pute, shall be dealt with in the following manner— (b) Level One—(Direct Work Site/Work Area Level i.e. School Level, District Office or Directorate Level) (i) The employee(s) concerned shall raise the matter with the person or persons who are the source of the complaint. If the matter cannot be resolved at this level then it is to be raised with the employee’s line manager. If unable to resolve the matter the line manager shall, within two working days, refer the matter in writing to the most senior workplace officer and the employee(s) shall be advised accord- ingly in writing. (ii) The senior workplace officer shall, provide a written response within five working days of the matter being referred. If the senior officer is unable to answer the matter they will refer the matter to the second level of resolution and ad- vise the affected employee(s) in writing. (iii) Where a grievance directly concerns the man- ager that would normally respond to the grievance the matter will immediately be re- ferred to the next level supervisor. (c) Level Two (Out of Direct Work site) The employer or delegate shall, as soon as practica- ble after considering the matter before it, advise the employee(s) or, where necessary the Union of its decision. Provided that such advice shall be given within five days of the matter being originally re- ferred out of the work site. (3) Nothing in this procedure shall preclude the parties reach- ing agreement to shorten or extend the period specified in subclause (2) of this clause. (4) If the matter remains in dispute after the above proc- esses have been exhausted either party may refer the matter to WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2663 78 W.A.I.G. Central Office Industrial Relations Directorate for direct reso- lution with the Union. If the matter remains unresolved either party may refer the matter to the WAIRC. 11.—OBJECTIVES AND PRINCIPLES (1) The Education Department of Western Australia is com- mitted to providing a sound, flexible and efficient education system aimed at providing students with the necessary skills, competencies and confidence to be able to successfully par- ticipate in and contribute to today’s society. Essential to this commitment is the Department’s obligation to constantly evalu- ate its performance, to establish initiatives and to implement changes that take into account the changing needs of it’s stu- dents, the requirements and expectations of the community, and accountability at the school level. (2) This Agreement reflects the Department’s obligation to fulfil those commitments and is consistent with the Govern- ment Wages Policy and Workplace Bargaining Guidelines. 12.—ANTI-DISCRIMINATION (1) It is the intention of the parties to this Agreement to achieve the principles of the Equal Opportunity Act 1984 by helping to prevent and eliminate discrimination and harass- ment on the basis of race, sex, marital status, pregnancy, impairment, religious or political conviction, age and family responsibility or family status. (2) Accordingly, in fulfilling their obligations the parties will make every endeavour to ensure that neither the awards and this Agreement’s provisions nor their operation are directly or indirectly discriminating in their effects. (3) All employees have an obligation not to engage in or condone any behaviour, which could be deemed to be discrimi- natory, including in the provision of educational services. (4) Employees engaging in discrimination or harassment on the grounds of gender, sexuality, impairment or race will be subject to disciplinary action. (5) Nothing in this clause is to be taken to affect any differ- ence in treatment (or treatment having different effects) which is specifically exempted under the Equal Opportunity Act 1984. 13.—COPIES OF AGREEMENT Every employee covered by this Agreement shall be entitled to have access to a copy of this Agreement. The employer shall make sufficient copies available for this purpose. 14.—COMMITMENT (1) The parties agree that the achievement of the objectives set out in this Agreement are the responsibility of manage- ment and employees. (2) The Union and the Education Department will each take responsibility for promoting this Agreement. 15.—SALARY INCREASES Employees will receive salary increases of 3% payable from 19 March 1998, and a further 3%, as determined by the actual implementation of the productivity improvements, payable from 19 March 1999 in accordance with Schedule A—Sala- ries of this Agreement. 16.—PRODUCTIVITY MEASUREMENT The parties agree to— (1) Trial the application of the model as developed in accordance with Clause 40.—Productivity Measure- ment Model of the Education Department of Western Australia (CSA) Enterprise Bargaining Agreement 1997 and set out in Schedule B—Productivity Meas- urement of this Agreement. (2) Assess the reliability of Key Indicators and Perform- ance data, having regard to the continued realignment of Central Office functions and the impact of the Personnel 2000 system in schools and districts. This assessment shall be undertaken by the Steering Com- mittee and shall facilitate the use of the Model in the determination of any salary increases beyond 1998. The parties recognise that the implementation of a Produc- tivity Measurement Model may necessitate training of those staff involved. Any training requirement will be negotiated as part of the implementation process. The parties further agree that the quantum of any increase awarded in accordance with Clause 15.—Salary Increases of this Agreement shall have regard to the level of productivity performance as determined by the actual implementation of pro- ductivity improvements which justify an increase of up to 3%. 17.—FLEXIBILITY IN WORKING HOURS This hours provision has been designed to promote and en- courage flexible working hours for both the employee and the Department. The concept of monthly hours will enable the organisation to utilise its employee resources efficiently and effectively, whilst permitting employees “time—off” for rec- reational purposes and to attend to private issues. (1) Central Office (PSA/GOSAC), District Offices (PSA/ GOSAC) and Registrars (PSA/GOSAC) (a) Normal Standard Hours (i) Except as provided in this clause, the ordinary hours of work shall be 150 hours per four weekly period with an average of 37.5 hours per week to be worked between the hours of 7.00am and 6.00pm Monday to Friday. (ii) The normal hours of work are 7.5 hours per day. (iii) An officer may extend the meal break between 12 noon and 2.00pm. (iv) Subject to the prior approval of the employer, an employee may be allowed to accrue a maxi- mum of 5 full day’s flexi-leave to be taken in conjunction with annual leave. (v) It is the employee’s responsibility to arrange to clear accrued hours. The hours shall be cleared in either the financial year or calendar year in which they were accrued, as agreed between the employee and their line manager. Where it is agreed between the line manager and the employee that the accrued hours are not able to be taken, they will be paid out at the ordinary rate of pay. (b) Flexible Hours (i) An employee may elect, in writing, to vary their starting and finishing times between the hours of 7.00am and 6.00pm Monday to Fri- day to a maximum of 150 hours per four weekly period. (ii) A maximum of 10 hours per day may be worked where an individual employee agrees, provided that the ordinary hours worked in a week do not exceed 50 hours (subject to pro- rata hours for part-time employees). (iii) Arrangements for working of flexible hours as provided for in this clause shall be sub- ject to the agreement of an employee. No employee shall be coerced into working flexible hours. (iv) Ordinary hours shall be consecutive except for a meal break of at least 30 minutes, provided that an employee shall not be required to work more than five hours consecutively without a break. (v) No employee shall be required to recommence work until at least 10 hours has elapsed from the time the previous work has ceased. (vi) Within each four week period, extra hours may be accumulated and used at a later date. Hours may be accumulated up to the equivalent of 37.5 hours (maximum) during any four week period, provided that Registrars shall not be permitted to accumulate more than 70 hours (maximum) in any given calendar year. (vii) Accumulated hours may be cleared in the form of hours, days or weeks off, as agreed between the employee and their line manager, provided that Registrars shall, as far as practicable, clear their accumulated hours during school holi- days. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2664 (viii) It is the employee’s responsibility to arrange to clear accumulated hours. The hours shall be cleared in either the financial year or cal- endar year in which they were accumulated, as agreed between the employee and their line manager. Where it is agreed between the line manager and the employee that the accumu- lated hours are not able to be taken, they will be paid out at the ordinary rate of pay. (c) Overtime (i) A requirement to work more than 7.5 hours in any one working day shall take into account the employee’s personal and family responsi- bilities. (ii) Overtime provisions shall apply to time worked by direction in excess of 7.5 hours on any one working day or more than 75 hours per fortnight. Overtime provisions shall be in accordance with the provisions of the relevant award. (iii) All other provisions per Clause 16.—Hours of the PSA and Clause 16.—Hours of the GOSAC shall apply. (2) EDMOSAC Employees (Ministerial Officers) Clause 8—Hours of Duty of the EDMOSAC shall apply, except that— (a) The span of hours is increased to between 7.00am and 6.00pm Monday to Friday. Subject to the agree- ment of the employee and their line manager, employees may elect in writing to work in accord- ance with flexible working arrangements or standard hours prescribed by this subclause. (b) Normal Standard Hours (i) Except as provided in this clause, the ordinary hours of work shall be 130 hours per four weekly period with an average of 32.5 hours per week to be worked between the hours of 7.00am and 6.00pm Monday to Friday. (ii) The normal hours of work are 6.5 hours per day. Employees are required to work 41 weeks per year. The parties will negotiate the exten- sion of these provisions during the life of this Agreement. (iii) Nothing shall prevent the hours of duty being varied by way of mutual agreement recorded in writing between the employee and their line manager. No employee shall be coerced into varying their hours. (c) Flexible Hours (i) Subject to the approval of the line manager, an employee may elect, in writing, to vary their starting and finishing times between the hours of 7.00am and 6.00pm Monday to Friday to a maximum of 130 hours per four weekly pe- riod and to work variable weekly hours. (ii) Arrangements for working hours are to be agreed between the employee and their line manager. No employee shall be coerced into working flexible working hours. (iii) A maximum of 9 hours per day may be worked where an individual employee agrees, provided that the ordinary hours worked in a week do not exceed 45 hours (subject to pro-rata hours for part-time employees). (iv) Ordinary hours shall be consecutive except for a meal break of at least 30 minutes, provided that an employee shall not be required to work more than five hours consecutively without a break. (v) No employee shall be required to recommence work until at least 10 hours has elapsed from the time the previous work has ceased. (vi) Within each four week period, extra hours worked may be accumulated to a maximum of 32.5 and used at a later date. (vii) Accumulated hours may be cleared in the form of hours, days, or weeks off, as agreed between the employee and their line manager. (viii) It is the employee’s responsibility to arrange to clear accrued hours. The hours will be cleared in either the financial year or the cal- endar year in which they were accrued, as agreed between the employee and their line manager. Hours that cannot be cleared will be paid out at the ordinary rate of pay. (d) Overtime (i) A requirement to work more than 6.5 hours in any one working day shall take into account the employee’s personal and family responsi- bilities. (ii) Overtime provisions shall apply to time worked by direction in excess of 6.5 hours on any working day or more than 65 hours per fortnight in accordance with the provisions of EDMOSAC. (3) Time off in Lieu Adequate employee records of time worked, time off in lieu and any period of time off will be maintained and either kept at the work site or will be accessible to the work site. All em- ployees and their line managers are committed to the intent, spirit and goodwill of the hours of work provisions. (4) Remote Teaching Service The parties agree that Ministerial Officers may, by agree- ment with all parties, to meet the needs of remote schools, vary the school year and hours per day to take into account educational, cultural, climate and local factors. The Principal will negotiate school hours and days of attendance and the employees will be consulted and have a choice of undertaking these changes. The total hours worked in any one year will still equal the total hours that would have been worked if the school year had not been varied by this Agreement. Total hours to be worked in a year are 1332.5 (41 weeks x 32.5 hours p.a.). (5) Additional Hours — Primary Schools The parties agree that where a Registrar (Ministerial) em- ployed in Class 6 Primary School (700 or more students,) a Class 6 District High School (450 or more students) or a Class 5 Primary School (651 or more students) has currently elected to work an extra 5 hours per week in school terms then these arrangements will continue. The Registrars will not be required to work during the school holidays and will be entitled to the same Leave of Absence arrangements as other Ministerial Officers. The continuation or review of these arrangements is subject to negotiation through the Steering Committee. 18.—ANNUALISED HOURS (1) Employees covered by the PSA and the GOSAC may work within an annualised hours arrangement subject to op- erational requirements and agreement between the employee and their line manager. Employees under an annualised hours arrangement and who are covered under the above awards shall be required to account for a total of 1,950 hours in a 12-month period. These hours consist of 1,800 working hours (includ- ing time counted as if worked eg. public holidays, LSL, sick leave, etc.) based on 48 working weeks and 150 hours (4 weeks) annual leave. (2) Subject to departmental requirements and authorisation by their line managers, employees shall have the ability to work their hours on a 7-day a week basis. Any hours credited to the annualised hours shall not attract any additional pay- ment. All employees participating in this arrangement shall be re- quired to record times accurately on a timesheet with a continuous total for hours worked over the settlement period. The line manager will verify these times. Employees working under this arrangement shall not be coerced into working any hours outside their normal hours of duty (3) The normal hours of duty shall not exceed 10 hours per day. No employee shall be expected to work without a 10 hour break between the completion of work on one day and com- mencement of work on the next day. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2665 78 W.A.I.G. (4) One month’s notice shall be given by an employee, or by the employer, for cessation of the annualised hours arrange- ments. The parties agree that such employees will clear any debit hours or that the employer will give sufficient time off to clear any credit hours, on a pro-rata basis, prior to the cessa- tion of this arrangement. 19.—IMPROVING THE WORKING ENVIRONMENT (1) The parties acknowledge that a preventative approach to occupational health issues is critical to the maintenance of healthy workplaces. The parties will co-operate in the devel- opment of an improved Department policy framework for occupational safety and health. (2) During the life of this Agreement, the parties will con- tinue to develop programs and strategies to address the following areas: (i) reduction in the incidence and duration of workplace injury; (ii) reduction in the incidence of workplace stress; (iii) improved data management and reporting sys- tems. (3) At all workplaces covered by this Agreement, the em- ployer shall ensure compliance with the Occupational Safety and Health legislation, including Regulations and Codes of Practice made under that legislation. (4) The employer shall endeavour to ensure that employee’s workload, work conditions, job content and organisation do not lead to a deterioration of the physical or mental health of that employee. (5) Where the need is identified, the Department will pro- vide professional development for staff on the management of stress in the workplace, identification of stressors and conflict resolution. (6) When a need is identified, the Department will provide access for staff to professional development on conflict reso- lutions skills and strategies. (7) The Department will develop guidelines to enable each workplace to develop by 1 January 1999: (i) a critical incident response plan; (ii) a plan for dealing with post traumatic effects of such an incident on employees. (8) The Education Department of Western Australia’s Reha- bilitation Policy and Guidelines 1997 will be applied for the rehabilitation of any employee affected by long term injury and illness on the request of that employee from 1 January 1999. The aim is to return them to suitable employment. The Department will form a working party comprised of Union, Professional Association and Department representatives to develop guidelines for applying the Policy in this way. The Policy will only be applied to rehabilitate Non-Workers’ Com- pensation claimants, when risks and liabilities affecting the school, Department and the employee can be minimised to a reasonable level. (9) “Long term injury or illness” for the purpose of this Agree- ment shall be defined as any injury or illness requiring the employee to be absent from work for more than 20 consecu- tive working days. This absence must be supported by a medical certificate from a medical practitioner. (10) The parties agree that whenever necessary, Occupational Safety and Health Representatives will be provided with time to carry out the functions laid down in the relevant legislation. Arrangements to allow this to occur are to be negotiated be- tween the Occupational Safety and Health Representative and the Principal. (11) Newly elected Occupational Safety and Health repre- sentatives will be entitled to paid time off work and reimbursement of reasonable actual expenses to attend a 5 day accredited introductory training course within their first twelve months of office. (12) Elected Occupational Safety and Health representatives will be entitled to take leave from work, with pay and reim- bursement of reasonable actual expenses, for a period, as is required to attend approved occupational safety and health training in each subsequent 2 year term of office. (13) All new employees will be provided with appropri- ate occupational safety and health induction training within the first six weeks of their employment. This induction training will outline Departmental policies and procedures relating to Occupational Safety and Health, particular haz- ards to which they may be exposed, control measures applicable to each hazard, and how to instigate preventa- tive and remedial action. (14) Employees with managerial responsibility will, when- ever necessary, be provided with introductory occupational safety and health management training. (15) The parties agree that all new schools are to be pro- vided with separate toilet facilities for staff and students. The parties also agree that whenever the administration and staff facilities and toilet facilities at existing schools are upgraded separate staff toilets are to be provided. (16) The parties agree that all new schools will be provided with staff shower facilities at the time of construction. It is also agreed that when administration and staff facilities are upgraded at existing schools staff shower facilities will be provided. (17) The Department commits to the installation of air cool- ing in schools (evaporative air-conditioning) in the zone where schools are required to be air cooled, over the next 3 years. This program will result in the air-conditioning of 80 addi- tional schools. Air-cooling will also be provided in at least one area of all education support centres and units. (18) The Department will by 30 June 1998 develop in con- sultation with the Union and the Insurance Industry, insurance cover which will be made available to employees, to cover the loss of, theft or damage to personal effects and vehicles of employees whilst reasonably present on Education Department premises. The cost of such insurance will be met by the em- ployee. The Employer agrees to allow employees to elect to have the insurance premium deducted from their salary. 20.—HIGHER DUTIES PAYMENT DURING PERIODS OF LONG SERVICE LEAVE AND ANNUAL LEAVE The parties agree that employees who have been on a con- tinuous period of higher duty for more than two years and who take long service leave or annual leave entitlements, will be paid at the higher duty salary rate for that period of leave. Payment of this higher duty salary rate while on this period of leave is dependent on the employee returning to the position that they had occupied immediately prior to commencing that leave or retiring immediately at the end of the period of leave. 21.—CEREMONIAL LEAVE (1) An employee who is legitimately required to be absent from work for their tribal/ceremonial/cultural purposes shall be entitled to take accrued annual leave, short leave or leave without pay entitlements. (2) Ceremonial leave shall include leave to meet the em- ployee’s customs and traditional law and to participate in tribal/ ceremonial/cultural activities. (3) The employee shall give the employer reasonable no- tice, prior to the absence, of the intention to take such leave and the length of the leave required. (4) Ceremonial leave shall be available to but not limited to Aboriginals and Torres Strait Islanders. 22.—EMPLOYEE FUNDED EXTRA LEAVE (1) Subject to the approval of the Manager and relevant Di- rector, an employee may be entitled to an additional 4 weeks leave per annum in accordance with subclauses (2), (3), (4) and (5) of this clause. (2) An employee may receive 48 weeks’ pay spread over the full 52 weeks of the year. (3) The additional 4 weeks per year will not be able to be accrued. In the event that the employee cannot take the leave, his/her salary will be adjusted at the completion of the 12 month period to take account of the time worked during the year that was not included in salary. (4) The additional 4 weeks leave per year will not attract leave loading. (5) The Department will ensure that superannuating arrange- ments and taxation effects are fully explained to the employee by the relevant agency. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2666 23.—CONSULTATION The parties recognise the need for effective communication to improve the business performance and working environ- ment of the Education Department. The parties acknowledge that the employer will continue to make decisions and that it is responsible and accountable to Government by statute for the effective and efficient operation of the business. The parties agree that— (1) Where the employer has determined that there may be major changes in production, program, organisa- tion, structure or technology which are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the Union as early as possi- ble. (2) For the purpose of this clause “significant effects” include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; elimination or diminution of job opportunities, pro- motion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and restructuring of jobs. (3) The employer shall discuss with the employees af- fected and the Union, inter alia, the introduction of the changes referred to in subclause (1) of this clause, the effects the changes are likely to have on employ- ees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/ or the Union in relation to the changes. (4) The discussion shall commence as early as practica- ble after a firm decision has been made by the employer to make the changes referred to in subclause (1) of this clause, unless by prior arrangement, the Union is represented on the body formulating rec- ommendations for change to be considered by the employer. (5) For the purposes of such discussion the employer shall provide to the employees concerned and the Union all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees. Pro- vided that the employer shall not be required to disclose confidential information, the disclosure of which would be inimical to the employer’s interests. (6) The parties agree that where the workload and/or re- sponsibilities of employees changes, including matters arising from the administration of the school grant, a review of staffing requirements and classification lev- els of those affected will be undertaken in conjunction with the Steering Committee as soon as possible. 24.—PERSONNEL 2000 (1) Personnel 2000 is expected to be implemented across the Education Department in June 1998. (2) Where any implementation issues impact on this Agree- ment, they will be discussed by the Steering Committee. (3) The Department will continue to work towards the fol- lowing outcomes as set out in Schedule C—Personnel 2000— - Standardising leave entitlements where possible; - Providing flexibility for leave arrangements within broad guidelines; and - Development of a fully automated, streamlined proc- ess for processing leave. (4) Details of specific administrative arrangements will be conveyed to employees as the Personnel 2000 system is im- plemented. (5) Where employees are able to use the Personnel 2000 system to apply for leave, this will be subject to management approval. All leave will be based on the principle of accrual according to actual hours worked. (6) Where necessary, appropriate training and support ar- rangements will be implemented to assist school based employees in the implementation of Personnel 2000. 25.—DEPENDENT CARE (1) The Department recognises that employees often have family responsibilities which may need to be addressed within their normal rostered work hours. (2) The parties agree that they will examine options which are designed to assist employees with family responsibilities to effectively discharge their work and family responsibili- ties. These options may include, work from home arrangements, on-site emergency care facilities and provision of referral and service provider information. 26.—ANNUAL LEAVE TRAVEL CONCESSIONS (1) Employees stationed in remote areas (a) Where an employee’s headquarters is situated in Dis- trict Allowance Areas 3, 5, 6 and in that portion of area 4 located north of 30 degrees South Latitude, a travel concession to Perth will be provided for the employee and those dependants residing with the employee, when proceeding on annual leave. (b) An employee and his/her dependants may elect to travel elsewhere than to Perth, and, in that event, shall be reimbursed the cost of that travel up to an amount not exceeding the value of benefits to which the employee is entitled under paragraph (a) of this clause. (c) An employee is required to serve 12 months in these areas before qualifying for travel concessions. How- ever, employees who have less than a year’s service in these areas and who are required to proceed on annual leave to suit departmental convenience will be allowed the concessions. The concession may also be given to an employee who proceeds on annual leave before completing the years service provided that the employee returns to the area to complete the years service at the expiration of the period of leave. (d) Travel concession not utilised within the twelve months on becoming due will lapse. (e) Part-time employees are entitled to travel conces- sions on a pro-rata basis according to the usual number of hours worked per week. (2) Travelling time shall be calculated on a pro-rata basis according to the number of hours worked. Approved Mode of travel Travel Concession Travelling Time (aa) Air Airfare for the Officer, One day each way Dependent spouse and Dependent children (bb) Road Full motor vehicle North of 20 degree allowance rates, but Latitude — two and reimbursement not one half days each to exceed the cost of the way. Remainder— return airfare for the two days each way. Officer, dependent spouse and dependent children, travelling in the motor vehicle. (cc) Air and Road Full motor vehicle North of 20 degrees allowance rates for car South Latitude — two trip, but reimbursement and one half days not to exceed the cost of each way. the return air fare for the Officer. Air fares for the Remainder—two dependent spouse and days each way. dependent children. (3) Employees whose headquarters are located 240 kilome- tres or more from Perth. Employees, other than those designated in subclause (1) of this clause, whose headquarters are situated 240 kilometres or more from Perth General Post Office and who travel to Perth for their annual leave may be granted by the Director General reasonable travelling time to enable them to complete the re- turn journey. (4) Urgent Personal Business The parties agree that employees who have an accrued enti- tlement to an annual leave travel concession pursuant to subclause (10) of Clause 19.—Annual Leave of the PSA may use the concession for urgent private business. Employees who do not have an accrued entitlement may use the concession but will be required to agree to return to the location to work for the remainder of the year. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2667 78 W.A.I.G. 27.—ANNUAL LEAVE LOADING (1) Employees entitled to annual leave shall receive an an- nual leave loading. (2) The annual leave loading shall be paid as a lump sum amount in the first pay period of December. This will be an amount equivalent to the loading which would have been paid had the employee taken all the leave accruing for that calendar year. Shift employee’s annual leave will be in accordance with the relevant award. (3) The parties will negotiate arrangements for the payment of accrued annual leave loading so as to facilitate these pay- ments within six months of the commencement of this Agreement. 28.—DEFERRED SALARY SCHEME (1) Subject to approval by the Manager, and endorsement by the relevant Director, employees may apply to participate in a Deferred Salary Scheme. The Scheme will provide for employees to elect to receive 80% of their normal pay for 4 years and take the fifth year off as self funded leave and be paid the salary foregone in the previous 4 years. (2) A maximum of 100 places will be allocated per annum. At the commencement of third term of each year applications will be called with employees wishing to participate in the Scheme the following year being required to complete an “Elec- tion to Participate” form. The Department will then determine which applicants will be placed on the Scheme the following year and will advise those applicants who are not successful. Those applicants who are not successful will be automatically considered for the Scheme the next year. (3) An employee who elects to participate in the Scheme, pursuant to subclause (1) and (2) of this clause, may withdraw at any time and will be paid the exact sum of accrued salary. No interest will be paid due to a taxation ruling preventing such payments. The sum accrued will be paid in one lump sum and employees will be taxed on that money and any other salary received in that financial year. This could result in the employee being taxed at a higher rate in that financial year. (4) As continuous service can not be guaranteed in some circumstances, (eg: for temporary employees), breaks in serv- ice will not be considered as withdrawal, but will be considered as non-participatory periods only. Non-participatory periods include— - Secondments where the outside authority pays; - Leave Without Pay; - Sick Leave Without Pay greater than three months; - Maternity Leave and Parental Leave; and - Study Leave. During non-participatory periods participants will be paid normal salary. Periods of non-participatory service will delay the com- mencement of the leave year by at least the length of that non-participatory period. Non-participatory periods will con- sist of whole pays. Participatory periods will include— - Approved leave while in receipt of Workers Com- pensation; - Sick leave without pay less than or equal to three months; - Long Service Leave; - Sick Leave With Pay; and - Secondments where the Education Department pays. (5) The leave year will count as good service for the pur- poses of— - Superannuation (if normal contribution is main- tained); - Long Service Leave Entitlement; and - Sick Leave Entitlements. The leave year will not count as service for salary increments. (6) Participants will not be able to request deferment or tem- porary suspension of their participation in the Scheme. If a participant decides that, for whatever reason, they need to resume normal pay they must withdraw from the scheme. (7) Participants may not work for the Department in the leave year The parties agree that staff who were unable to access the Scheme in 1997 will be offered access in 1998 under arrange- ments set out in Schedule D—Deferred Salary Scheme of this Agreement. 29.—STEERING COMMITTEE (1) The parties will establish a Steering Committee for moni- toring the implementation of this Agreement. (2) Membership of the Committee will comprise 4 Union nominees and 4 Department nominees. The Steering Commit- tee may vary the membership of the Committee from time to time. (3) Guidelines for the operation of the Steering Committee will be determined by the parties to the Agreement. 30.—HOME BASED WORK (1) Staff will be entitled to work from home under condi- tions approved by their line manager. (2) Approval shall be subject to satisfactory arrangements being in place to ensure that the organisation is not disadvan- taged in the achievement of its objectives and that all duty of care provisions are met. These arrangements are set out in Schedule E—Home Based Work of this Agreement. 31.—STUDENT ABSENTEEISM The parties will continue to monitor the need for electronic recording of student attendance data in primary schools. 32.—DEVOLUTION (1) The parties agree to meet regularly to review any mat- ters arising from the ongoing devolution of functions from Central Office to schools and district offices. (2) The parties note that during the life of this Agreement there will be ongoing devolution of functions to schools and district offices from Central Office as agreed by the parties in the Education Department of Western Australia (CSA) Enter- prise Agreement 1996 and Education Department of Western Australia (CSA) Enterprise Agreement 1997. (3) As work is devolved from Central Office there may be a consequent change in workload for some Central Office ar- eas. The intention is to adjust staffing levels to maintain a match between workload and staffing in Central Office. (4) Where a Central Office position is identified as excess as a result of a reduction in workload due to devolution, the following will apply— - the affected employee may elect to voluntarily trans- fer to a suitable alternative position; or - the affected employee may elect to take leave with- out pay for a period not exceeding 12 months; or - the provisions of the Public Sector Management Act (Redeployment and Redundancy Regulations) shall apply. 33.—RELIEF REGISTRAR LIST (1) The parties will continue to develop the relief registrar list for use at a district level. This will ensure that schools are able to operate efficiently and effectively by having access to a local data base of personnel who are able to undertake relief duties. (2) The parties will also investigate the expansion of the relief list to include all school support staff. 34.—PROFESSIONAL AND CAREER DEVELOPMENT (1) The parties confirm a commitment to professional and career development for all employees. Employees recognise their obligation to maintain and update their skills and the Department recognises its obligation to provide employees with opportunities to maintain and update their skills. (2) In particular, the Department is committed to training to enable employees to keep up to date with professional and technological development with particular emphasis on com- puter software program training. (3) School based employees subject to this Agreement will have equitable access to professional development through the provisions of the School Grant in any school year. In particu- lar, school registrars and other employees will have access to relevant professional development opportunities. This may WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2668 include attendance at appropriate conferences. Approval to attend such conferences will not be unreasonably withheld. (4) The Department is committed to career development for employees affected by the devolution of functions to schools and district officers from Central Office. The Department will seek expressions of interest for employment of a different na- ture well in advance of specific positions being identified as excess. These employees may request on the job training and work experience in other areas (eg. schools). Line managers will not unreasonably withhold their release for short trial pe- riods (eg. one week). The Department will liaise with the Public Sector Management Office and other agencies with regard to the availability of suitable placements for these affected em- ployees. 35.—SCHOOL BUS SERVICES (1) Employees who are responsible for managing adminis- trative duties in relation to school bus services shall be entitled to receive a special responsibility allowance where the respon- sibility has been specifically delegated to the employee. (2) The special responsibility allowance shall be in accord- ance with those allowances prescribed under of the Teachers (Public Sector Primary and Secondary Education ) Award 1993, Schedule B — Salaries and Additional Payments. Pay- ment of the allowance will be subject to certification by the Principal that no other member of school staff is responsible for these bus duties. (3) Where this certification does not exist, employees cov- ered by this Agreement will not be required to undertake administrative duties in relation to school bus services. (4) Only one allowance is payable per school. 36.—FAMILY CARERS LEAVE (1) Use of sick leave (a) Employees covered by this Agreement may, with the consent of the Department, use up to the equivalent of 5 days per year of accrued sick leave in accord- ance with this clause, to provide care for another person, subject to— (i) the employee being responsible for the care of the person concerned; and (ii) the person concerned being a member of their family. (b) The definition of family shall be as provided for in the Equal Opportunity Act 1984. (c) The employee shall, wherever practicable, notify the employer of the intention to take leave prior to the absence. This notification shall include the reasons for taking such leave and the estimated length of the leave. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence. (d) The employee shall, if required, establish by pro- duction of a medical certificate or statutory declaration, the nature of the illness of the person concerned. (2) Other Leave for Family Purposes An employee may elect, with the consent of the Department, to take unpaid leave, for the purpose of providing care to a family member who is ill or to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between the employee and line manager. 37.—ANNUAL AND LONG SERVICE LEAVE The relevant awards will apply to annual and long service leave except that employees may be able to take their leave entitlements in any form, provided that no absence for long service leave is less than one working day and for annual leave no less than 0.5 of a working day. 38.—CLEARANCE OF ACCRUED ANNUAL LEAVE The parties agree that the clearance of annual leave is an important element of effective workforce planning. The parties agree that annual leave accrued prior to 1 January, 1998 will be acquitted prior to 1 January, 2000. Those employ- ees who wish to take the accrued leave after 1 January 2000 must negotiate an alternative date with their line manager. 39.—INDUCTION TRAINING The parties agree that new staff will benefit from an induc- tion program which facilitates their understanding of the Department, its functions and objectives, and their responsi- bilities. Line managers will be responsible for ensuring that an in- duction program is provided to all new staff. 40.—PARENTAL LEAVE (1) Definition “Employee” includes full-time, part-time, permanent and fixed term contract employees. “Replacement employee” is an employee specifically en- gaged to replace an employee proceeding on parental leave. (2) Eligibility for Parental Leave (a) Subject to subclause (h) of this clause, an employee is entitled to a period of up to 52 weeks parental leave in respect of the birth of a child to the em- ployee or the employee’s spouse/partner. (b) An application for parental leave shall be in the form approved by the Director General and supported by a certificate of a registered medical practitioner stat- ing the expected date of birth of the child. (c) Where the employee applying for the leave is the partner of a pregnant spouse, one week’s leave may be taken at the birth of the child concurrently with parental leave taken by the pregnant employee. (d) An employee adopting a child under the age of five years shall be entitled to three week’s parental leave at the placement of the child and a further period of parental leave up to a maximum of 52 weeks. (e) An employee seeking to adopt a child shall be enti- tled to two days unpaid leave for the employee to attend interviews or examination required for the adoption procedure. Employees working or residing outside the Perth metropolitan area are entitled to an additional day’s leave. The employee may take any paid leave entitlement in lieu of this leave. (f) Subject to this clause, where both partners are em- ployed by the Department, the leave shall not be taken concurrently except under special circumstances and with the approval of the Director General. (g) An employee proceeding on parental leave may elect to utilise any accrued annual leave or accrued long service leave for the whole or part of the period of parental leave or extend the period of parental leave with such leave. (h) An employee may extend the maximum period of parental leave with a period of leave without pay subject to the Director General’s approval. (i) An employee on parental leave is not entitled to paid sick leave and other paid award absences. (j) Where the pregnancy of an employee terminates other than by the birth of a living child then the employee shall be entitled to such period of paid sick leave or unpaid leave for a period certified as necessary by a registered medical practitioner. (k) Where a pregnant employee not on parental leave suffers an illness related to her pregnancy, or is re- quired to undergo a pregnancy related medical procedure, the employee may take any paid sick leave to which she is entitled, or such further unpaid leave for a period certified as necessary by a registered medical practitioner. (3) Notice and Variation (a) The employee shall give not less than ten week’s notice in writing to the Department of the date the employee proposes to commence parental leave, and stating the period of leave to be taken. (b) An employee proceeding on parental leave may elect to take a shorter period of parental leave and may at any time during that period of leave elect to reduce or extend the period stated in the original applica- tion, provided that four week’s written notice is provided. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2669 78 W.A.I.G. (4) Transfer to Safe Job (a) Where illness or risks arising out of pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue in her present duties, the duties shall be modified or the employee may be transferred to a safe position of the same classification until the com- mencement of parental leave. (b) If the transfer to a safe position is not practicable, the employee may take leave without pay for such period as is certified necessary by a registered medi- cal practitioner. (5) Replacement Employee Prior to engaging a replacement employee the Department shall inform the person of the temporary nature of the em- ployment and the entitlements relating to the return to work of the employee on parental leave. (6) Return to Work (a) An employee shall confirm the intention to return to work by notice in writing to the Department not less than four weeks prior to the expiration of the period of parental leave. (b) An employee on return from parental leave shall be entitled to the substantive position that the employee occupied immediately prior to proceeding on paren- tal leave. Where an employee was transferred to a safe job pursuant to subclause (5) of this clause, the employee is entitled to return to the substantive po- sition occupied immediately prior to the transfer. (c) An employee may return on a part-time basis to the same substantive position occupied prior to the commencement of leave or to a different position at the same classification level on a part-time basis in accordance with the part-time provisions of the relevant award. (d) Where the substantive position occupied by the em- ployee no longer exists, the employee shall be entitled to a position of the same classification level with duties similar to that of the abolished position. (7) Effect of Leave on Employment Contract (a) Fixed Term Contract An employee employed for fixed term contract shall have the same entitlement to parental leave, how- ever the period of leave granted shall not extend beyond the term of that contract. (b) Continuous Service Absence on parental leave shall not break the conti- nuity of service of an employee. However, it shall not be taken into account in calculating the period of service for any purpose under the relevant award or this Agreement. (c) Termination of Employment An employee on parental leave may terminate em- ployment at any time during the period of leave by written notice in accordance with the relevant award. 41.—EXTENDED PARENTAL LEAVE (1) Subject to all other leave entitlements being exhausted, employees will be entitled to apply for leave without pay fol- lowing parental leave. This leave will be referred to as “leave without pay following parental leave”. (2) Any period of leave without pay must be applied for and approved in advance and will be granted on a year by year basis. Where both parents are employees of the Department, the total period of leave without pay following parental leave will not exceed two years. (3) Where an employee has leave without pay following parental leave, the employee will return to employment to the same level but not necessarily to the same position. 42.—HIGHER DUTIES ALLOWANCE DURING ANNUAL LEAVE — MINISTERIAL OFFICERS (1) To meet Departmental needs EDMOSAC employees are at times required to act in Public Service positions in schools. The par- ties recognise that it is not always practicable for such employees (“relievers”) to clear the annual leave entitlement accrued while act- ing in Public Service positions on an annual basis. (2) Where school requirements have prevented a reliever referred to in subclause (1) of this clause from taking leave in the year in which it accrues, subclause (7) of Clause 14.— Higher Duties Allowance of PSA and subclause (7) of Clause 14.—Higher Duties Allowance of GOSAC shall not apply and the reliever shall receive the Higher Duty Allowance for peri- ods of annual leave taken in order to clear the accrued leave, subject to subclause (3) of this clause. (3) Payment of a Higher Duty Allowance under this clause shall be determined on a case by case basis and shall be sub- ject to— (a) Application by individual relievers for exemption from subclause (7) of Clause 14.—Higher Duties Al- lowance of PSA and subclause (7) of Clause 14.—Higher Duties Allowance of GOSAC. (b) Such application to be supported by the reliever’s direct supervisor confirming that the employee has not been able to clear their leave due to school re- quirements. (c) Consideration of such application by the Director, Employee Relations and the Union. (4) Application of this clause is only for the life of this Agree- ment and is without prejudice to further discussions between the parties in relation to any future replacement agreement. 43.—LEVEL 1 CLASSIFICATION (1) The parties agree that the adult Level 1 increment range will be reduced from 9 to 7 increment levels. (2) The parties will negotiate the method of implementation in accordance with government wages policy. Options will include removal of existing increments. 44.—SPECIALLY FUNDED CONTRACTS (1) The parties agree that Specially Funded Contracts are not to be used to employ staff and are only to be used for— - tasks which are not appropriate for normal non-teach- ing staff; - tasks which apply to a particular short term project; - tasks which are part of one-off or special projects which are quite distinct from day to day school and Central Office responsibilities; and - projects which involve contracts for service or con- tracts for a product which do not replicate a contract of employment where persons would have legal claim to employment conditions. (2) All Specially Funded Contracts are to be approved by the line manager. 45.—PART-TIME WORK (1) Definitions Part-time work is defined as work that is regularly under- taken for less than the designated full-time hours and does not attract a casual loading. A part-time position is one that has discrete functions and responsibilities, arranged to be consistent with the principles of job redesign and multi-skilling. (2) Part-time Agreement (a) All part-time arrangements shall be confirmed in writing before a part-time employee commences duty and shall include the period of the arrangement, the agreed daily and weekly hours of duty and the start- ing and finishing times in accordance with subclause (3) of this clause. (b) Any employee may make application to the employer to convert from full-time to part-time work, includ- ing for defined periods of time. The employer shall not unreasonably withhold permission for conver- sion. No employee will be required to forgo their classification level or conditions of service in order to work part-time. No employee will be required to work part-time against his or her wishes. (c) An employee engaged directly as a part-time em- ployee, who wishes to become a full-time employee, will be required to seek promotion or transfer to a full-time position by application for advertised va- cancies. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2670 (d) Regard shall be had to the employee’s family respon- sibilities in determining approval to work part-time. (3) Hours of Duty The hours of duty shall be as set out in the relevant Award and Agreement. (4) Salary and Related Matters The salary and annual increments shall be paid as set out in the relevant Award and Agreement. (5) Conditions of Employment, Leave and Allowances In addition to the relevant Award provisions, the following shall apply— (a) A part-time employee is entitled to be paid annual leave loading to a maximum calculated as follows— Hours worked X Max Loading according per fortnight to the relevant Award ____________________ _____________________ Normal full-time 1 hours per fortnight (b) A part-time employee is entitled to sick leave credits on a pro-rata basis according to the number of hours worked each fortnight. (c) A part-time employee will be allowed the prescribed public holidays without deduction of pay in respect of each holiday which is observed on a day ordinar- ily worked by the part-time employee. A part-time employee will also received the two days in lieu of public service holidays. (d) Part-time employees are entitled to travel conces- sions and travelling time on a pro-rata basis according to the usual number of hours worked per week. (e) Part-time employees are entitled to short leave on a pro-rata basis. (f) A part-time employee eligible for a District Allow- ance shall be paid the allowance on a pro-rata basis according to the usual number of hours worked per week. (6) Training Part-time employees shall have the same rights of access to training, promotion and staff development opportunities as full- time employees. (7) Communication and Consultation Communication and consultation mechanisms will be ex- amined to ensure that part-time employees are fully informed and involved in decision making on the same basis as full- time employees. 46.—DISCRETIONARY DAYS The parties agree that, where a conflict arises from the allo- cation of discretionary days for administrative staff within grants to schools, the matter shall be referred to the Steering Committee. 47.—NORTH WEST CHILD ALLOWANCE The parties agree that this allowance will not be paid be- yond 1998. 48.—SECURITY The parties agree that where employees are required to work in isolated or special circumstances, appropriate security meas- ures will be implemented. 49.—STAFFING LEVELS (1) The Department will publish the staffing formula provi- sions for positions covered by this Agreement. Schools will employ staff in accordance with the formula allocation. (2) The parties agree that the recommendations of the 1997 Review of Staffing Levels Working Party should form the basis for any changes in school staffing. Outcomes from these rec- ommendations shall be negotiated through the Steering Committee. (3) Schools will be staffed in accordance with their approved staffing formula. Adjustments to staffing levels will be under- taken at the end of term one each year. Any alteration in hours occurring for existing employees, after the adjustment date, will be maintained until the end of term one of the following year. Individual school staff adjustments will not be made at other times during the year, except where a significant change in numbers occurs ie: either an increase or decrease of > 10%. (4) Affected staff will have the opportunity to resolve reallocations at the school level (eg. one or more persons may wish to relocate or reduce time). Where the matter is not re- solved at a local level, the last on, first off rule shall apply in accordance with the Memorandum of Agreement—’Staffing Formula Review’. (5) Where, as a result of a reduction to a school’s allocated staffing level, a permanent employee’s hours at that school are reduced, the following provisions will apply— (i) The affected employee may be offered transfer by the employer to a suitable alternative position/or po- sitions within a 20km radius of their residence; or (ii) The affected employee may elect to be voluntarily relocated, including to a school outside a 20km ra- dius of their place of residence; or (iii) The affected employee may elect to accept employ- ment of a different nature but at the same classification level; or (iv) The affected employee may elect to voluntarily re- duce their hours of employment; or (v) The affected employee may elect to take leave with- out pay for a period not exceeding 12 months. The above steps may be applied in any order. (6) Where an employee is made redundant the parties agree that the current terms of the Public Sector Management (Re- deployment and Redundancy) Regulations 1994 apply. (7) Arrangements for the appointment of new school staff covered by this Agreement to District based positions will be negotiated through the Steering Committee. 50.—PERFORMANCE MANAGEMENT The parties agree that line managers are responsible for the implementation of a performance management system for all employees in accordance with the provisions of the Public Sector Management Act 1994 and the public sector standards. Performance management plans will be completed for all employees by the 31st day of December 1998. The implementation of performance management plans in- cluding, resourcing, training and funding issues for school based employees will be negotiated through the Steering Com- mittee. 51.—AGREEMENT TO MULTI-SKILLING (1) Employees may be deployed in a way that will best ad- dress the needs of the work site. Employee will agree to carry out such duties as are within the limits of their skills, compe- tencies and training, providing the duties are appropriate to the employee’s classification. (2) Specific duties for temporary periods may be allocated to employees from other positions in the work site. This could include assisting outside the employee’s usual work area dur- ing periods of peak workload. Work output expectations in the ‘usual’ work area will be adjusted accordingly. (3) Where an employee has appropriate training and skills, employees may be required to undertake a greater range of duties on an ongoing basis provided that an agreement has been formalised between the employee and their work site manager. Such duties shall not compromise duty of care or occupational health and safety requirements. (4) If an employee undertakes duties of a higher classification, the employee’s personal salary will be appropriately adjusted by the payment of partial or full higher duties allowance. 52.—IT SUPPORT CENTRE (1) The Information Technology Support Centre provides technical and application support services to schools and dis- tricts. The parties acknowledge that these employees, supporting the Department’s custom applications, need a good understanding of school operations and administrative systems. The Information Technology Support Centre needs to attract school emloyees into these positions. It is recognised that the demand for services from this area will increase with the on- going support of school administrative systems and the implementation of HRMIS at school and district level. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2671 78 W.A.I.G. (2) To accommodate this requirement the parties recognise the need to employ employees on working conditions to match those of school employees in order to attract employees with school based experience and expertise. This is further sup- ported as the workload for the area is significantly diminished during school holidays. (3) Employees employed in the Information Technology Support Centre may, with prior approval of the manager, pro- portion their salary across the full year to provide for paid leave during the school vacations. This shall be done in ac- cordance with formula derived from the EDMOSAC. (4) The annual salary shall be derived from the rates pre- scribed for public servant officers but shall be proportioned according to the formula set out in subclause (5) of this clause to reflect the time worked and the entitlement to payment dur- ing school vacation periods. (5) Employees shall be required to work the full school year (42 weeks) and throughout a full year will accrue entitlement to 4 weeks annual leave, making a total of 46 weeks. The remain- ing balance of school vacation is payable at half pay making a total of 48 weeks. Employees will have entitlement to 48 week’s pay proportioned across a 52 week year. The following formula shall apply for the calculation of the annual salary— 48 Public Service Annual Salary __ X _______________________ 52 1 (6) An employee who is employed for no less than four con- tinuous weeks but less than a full school year shall be entitled to payment for that proportion of the school vacation as the time worked bears to a full school year, less any term vacation hours for which payment has already been made in the year. Payment shall be made on resignation or termination other than termination for misconduct, that proportion of the school vacation as the time worked bears to the full school year, less any term vacation hours for which payment has already been made in the year. (7) Employees employed less than the full time number of hours as prescribed in Clause 16.—Productivity Measurement of this Agreement shall receive the above entitlement on a pro-rata basis in the proportion which their hours of work bears to those of a full-time employee. 53.—SIGNATURE OF PARTIES TO AGREEMENT MINISTER FOR EDUCATION (Education Department Ministerial Officer Salaries Allowances and Conditions Award 1983) [Minister] C. BARNETT C. DOVE 17/03/98 [Signature of Witness]....................................[Date]......................... EDUCATION DEPARTMENT OF WESTERN AUSTRALIA (Public Service Award 1992) (Government Officers Salaries Allowances and Conditions Award 1989) (Residential Supervisors Staff Agreement 1995) (Technical Officer — Agricultural Instruction Staff Agreement 1997) [Director-General] C. VARDON 15/03/98 K. EVERETT 16/03/98 [Signature of Witness]...................................[Date].......................... CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INC [Signature] D. ROBINSON GENERAL SECRETARY J. ARDEN 16/03/98 [Signature of Witness]...................................[Date].......................... SCHEDULE A — SALARIES LEVEL CURRENT 3% INCREASE 3% INCREASE BASE ON BASE 19-Mar-99 19-Mar-98 (base + 3%) PUBLIC SERVICE Level 1 1st year $24,211 $24,937 $25,685 2nd year $24,957 $25,706 $26,477 3rd year $25,702 $26,473 $27,267 4th year $26,442 $27,235 $28,052 5th year $27,187 $28,003 $28,843 6th year $27,932 $28,770 $29,633 7th year $28,789 $29,653 $30,542 8th year $29,381 $30,262 $31,170 9th year $30,257 $31,165 $32,100 LEVEL CURRENT 3% INCREASE 3% INCREASE BASE ON BASE 19-Mar-99 19-Mar-98 (base + 3%) Level 2 1st year $31,306 $32,245 $33,213 2nd year $32,110 $33,073 $34,065 3rd year $32,956 $33,945 $34,963 4th year $33,850 $34,866 $35,911 5th year $34,784 $35,828 $36,902 Level 3 1st year $36,069 $37,151 $38,266 2nd year $37,070 $38,182 $39,328 3rd year $38,102 $39,245 $40,422 4th year $39,161 $40,336 $41,546 Level 4 1st year $40,614 $41,832 $43,087 2nd year $41,752 $43,005 $44,295 3rd year $42,923 $44,211 $45,537 Level 5 1st year $45,179 $46,534 $47,930 2nd year $46,704 $48,105 $49,548 3rd year $48,288 $49,737 $51,229 4th year $49,932 $51,430 $52,973 Level 6 1st year $52,576 $54,153 $55,778 2nd year $54,373 $56,004 $57,684 3rd year $56,233 $57,920 $59,658 4th year $58,219 $59,966 $61,765 Level 7 1st year $61,263 $63,101 $64,994 2nd year $63,371 $65,272 $67,230 3rd year $65,664 $67,634 $69,663 Level 8 1st year $69,389 $71,471 $73,615 2nd year $72,058 $74,220 $76,446 3rd year $75,368 $77,629 $79,958 Level 9 1st year $79,501 $81,886 $84,343 2nd year $82,293 $84,762 $87,305 3rd year $85,478 $88,042 $90,684 Class 1 $90,293 $93,002 $95,792 Class 2 $95,110 $97,963 $100,902 Class 3 $99,923 $102,921 $106,008 Class 4 $104,740 $107,882 $111,119 JUNIOR RATES Level 1 Under 17 $12,438 $12,811 $13,195 17 years $14,536 $14,972 $15,421 18 years $16,956 $17,465 $17,989 19 years $19,627 $20,216 $20,822 20 years $22,041 $22,702 $23,383 SPECIFIED CALLINGS Year 1 $31,306 $32,245 $33,213 Year 2 $32,956 $33,945 $34,963 Year 3 $34,784 $35,828 $36,902 Year 4 $37,070 $38,182 $39,328 Year 5 $40,614 $41,832 $43,087 Year 6 $42,923 $44,211 $45,537 EDMOSAC Level 1 Year 1 $19,571 $20,158 $20,763 Year 2 $20,174 $20,779 $21,403 Year 3 $20,775 $21,398 $22,040 Year 4 $21,374 $22,015 $22,676 Year 5 $21,977 $22,636 $23,315 Year 6 $22,578 $23,255 $23,953 Year 7 $23,271 $23,969 $24,688 Year 8 $23,750 $24,463 $25,196 Year 9 $24,458 $25,192 $25,947 Level 2 Year 1 $25,306 $26,065 $26,847 Year 2 $25,956 $26,735 $27,537 Year 3 $26,639 $27,438 $28,261 Year 4 $27,361 $28,182 $29,027 Year 5 $28,117 $28,961 $29,829 Level 3 Year 1 $29,155 $30,030 $30,931 Year 2 $29,964 $30,863 $31,789 Year 3 $30,798 $31,722 $32,674 Year 4 $31,655 $32,605 $33,583 Level 4 Year 1 $32,828 $33,813 $34,827 Year 2 $33,749 $34,761 $35,804 Year 3 $34,696 $35,737 $36,809 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2672 LEVEL CURRENT 3% INCREASE 3% INCREASE BASE ON BASE 19-Mar-99 19-Mar-98 (base + 3%) School Assistants—Junior Under 17 $10,054 $10,356 $10,666 17 years $11,750 $12,103 $12,466 18 years $13,705 $14,116 $14,540 19 years $15,864 $16,340 $16,830 20 years $17,816 $18,350 $18,901 RESIDENTIAL SUPERVISORS Level 1 $24,211 $24,937 $25,685 Level 2 $24,957 $25,706 $26,477 Level 3 $25,702 $26,473 $27,267 Level 4 $26,442 $27,235 $28,052 Level 5 $27,187 $28,003 $28,843 Level 6 $27,932 $28,770 $29,633 Level 7 $28,788 $29,652 $30,541 Level 8 $29,381 $30,262 $31,170 Level 9 $30,257 $31,165 $32,100 Residential Supervisors also receive a loading of 25% ol Level 1, year 1 of the GOSAC salary rate CHIDLEY SUPPORT CENTRE Supervisors Hrly rates $17.41 $17.93 $18.47 Student Supervisors Year 1 $28,385 $29,237 $30,114 Year 2 $30,203 $31,109 $32,042 SOCIAL TRAINERS Year 1 $26,442 $27,235 $28,052 Year 2 $27,187 $28,003 $28,843 Year 3 $27,932 $28,770 $29,633 Year 4 $28,788 $29,652 $30,541 Year 5 $29,381 $30,262 $31,170 Year 6 $30,257 $31,165 $32,100 LEVEL CURRENT 3% INCREASE 3% INCREASE BASE ON BASE 19-Mar-99 (HRLY RATES) 19/3/98 (base + 3%) SWIMMING INSTRUCTORS (in term) Swimming Instructors (in term) $13.51 $13.92 $14.33 Swimming Supervisor (in term) $16.00 $16.48 $16.97 Swimming Supervisor 6+ (in term) $17.77 $18.30 $18.85 Swimming Instructor (Vacaction) $14.71 $15.15 $15.61 Swimming Instructor 1-5 (Vacacation) $17.31 $17.83 $18.36 Swimming Supervisor $19.47 $20.05 $20.66 Examiner/Ass Lecturer $19.47 $20.05 $20.66 Lecturer (Lower Subjects) $29.70 $30.59 $31.51 Lecturer (Upper Subjects) $38.45 $39.60 $40.79 SCHEDULE B — PRODUCTIVITY MEASUREMENT Introduction The Education Department of Western Australia (CSA) En- terprise Agreement 1997 stated at Clause 40.—Productivity Measurement Model, that, within twelve months, the parties will have developed an appropriate model for measuring pro- ductivity in the Department. The purpose of this paper is to outline the process which the Education Department has gone through in identifying an ap- propriate measurement model, the collection of baseline data, the incorporation of this raw data into the model and the im- plementation of reporting processes for on going monitoring. This paper also presents a model for the collection of base- line data and provides a matrix to measure productivity in the 1998/99 financial year. The model relates exclusively to general staff covered by the 1997 Enterprise Agreement. Staff covered by this Agree- ment are located in Schools, District Offices and Central Office with a range of employees spread throughout the State. Whilst it is recognised that the “core business” of the Edu- cation Department is the provision of educational services, the employees covered by this Agreement provide a range of essential services to support the learning objectives of the or- ganisation and other Government obligations. Many difficulties have been encountered in the preparation of this model. The most significant problem encountered by the working party relates to the realignment of Central and District Offices and the transitional phase between the previ- ous structure and the new structure. The problems associated with this are that many of the functions that have been done in the past may not be performed in the future or at least won’t be comparable from now and next year. One such example of this is the devolution of the Personnel and Payments area and the change from a large base of manual processing to the auto- mation brought about by the P2000 project. Notwithstanding this, the model described in this document has been carefully selected to ensure that the measures are representative of the functions of Central Office and of school and district level operations at the present time. The parties accept that functions, and the processes in place to complete those functions, may change. Corporate Objectives The Education Department’s focus on the future direction of State education recognises the need to balance community trends influencing the delivery of educational services and in- creasing demands for localised decision making. The 1996 Education Plan identifies the Department’s pur- pose as to ensure that all government school students develop the knowledge, skills and confidence to achieve their indi- vidual potential and contribute to society. Incorporated into the achievement of this goal are the attainment of four core values guiding all staff. These values are Learning, Excellence, Equity and Care. While the Department strives to improve all aspects of its operations, four key objectives have been identified one of which is the basis for the measurement of productivity, that is, to use resources more efficiently and effectively. Underpinning the objectives of the Department is the need to comply with Government Policy, primarily the Government Wages policy which indicates that “wage increases are to be linked to actual improvements in productivity” and that “any increase in wages should be based on realised and sustained productivity improvements that are in excess of the wage in- crease”. Selection of Performance Measurement Model Careful consideration was given to the difficulties of meas- uring services provided by the Education Department. Given the nature and intangibility of the services provided by the Department’s support staff it is vital that the model selected is relevant to a service orientated organisation whilst also pro- viding a degree of flexibility for future monitoring of performance. A range of models were reviewed with a view to selecting a model which met the following requirements— • Measures to be relevant to the organisations goals; • Measures to be understandable by all employees; • Achievement of measurement improvements to be within the control of staff; • Data flowing from the measurements to be mean- ingful and able to be used for diagnostic purposes; • Measures to be meaningful and relevant for the fu- ture direction of the organisation; and • Measures to be reviewed periodically. The objective matrix approach has been identified as being the preferred model to gauge the performance levels of gen- eral staff given that the core business of this category of employee is to service the needs of the public and provide support to the State education system and also to meet other Government requirements. Objective Matrix Approach The model incorporates a selection of Key Indicators (KI) that relate to the Department’s key outcomes and outputs to be separately measured and the results to be brought together to WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2673 78 W.A.I.G. provide an overall view of Departmental performance for gen- eral staff. The performance is measured by way of a “performance index” that can be used to compare perform- ance over a period of time. The Objective Matrix Approach is suitable for the measure- ment of service orientated organisations and incorporates a range of measures which represent the Department’s goals and objectives. The measurement process involves the development of scales for each of the measures placed within the matrix. The scales are standardised and weighted on an agreed weighting meas- ure. An overall productivity index is then produced by multiplying the standardised score by the weight given to the scale. KEY INDICATORS AND MEASURES DETERMINED Ð ASSESSMENT OF MEASURES UNDERTAKEN Ð MEASUREMENT RESULTS POSTED TO COMPONENT LEVEL MATRIX Ò OVERALL DEPARTMENTAL PERFORMANCE ‘VALUE’ DETERMINED BASED ON ALL COMPONENT SCORES, RESULTING IN A PERFORMANCE INDEX Ï COMPONENT SCORE POSTED TO OVERALL DEPARTMENTAL MATRIX Ï COMPONENT SCORE ASSESSED In determining the various weightings and values to be ap- plied to the various components, regard has been had to the nature of the productivity increase, and to the value of that increase available for distribution to staff. Key Indicators In selecting the Key Indicators consideration has been given to the key outcomes of the Department and the core services provided by public sector employees. In order to be success- ful in achieving the organisations goals success must be achieved in these areas. Essentially, if the organisation is per- forming well in regard to the indicators, it is effectively and efficiently meeting the corporate objectives, meeting client and customer needs and enhancing productivity. As the Education Department is a very large and geographi- cally diversified organisation, careful consideration has been given to incorporating indicators which encapsulate a selec- tion of duties from both Central Office, Schools and District Offices. As noted previously, many difficulties have been encoun- tered given the realignment of Central and District Office. It was considered important to ensure that all indicators incor- porated into the model would be comparable over a number of years. This does not mean that responsibilities can not evolve over time, however some stability was viewed necessary so as not to inflate or deflate the overall productivity score. With the implementation of P2000 and the realignment, many of the key functions of the Department which are clearly meas- urable can not be included: for example, the processing of variations to employees personnel records which are currently processed centrally via the SP system will be devolved to schools and processed through P2000. Whilst presumably the same number of variations will re- quire processing, measuring the processing delays and volumes currently done and that which will be processed at the school site via P2000 is not considered to be a true reflection of pro- ductivity. The Key Indicators identified are— • The Department’s ability to reduce overpaid salaries and recover outstanding debts efficiently and effec- tively; • The Department’s ability to effectively and efficiently prepare and turn around Ministerial correspondence; • The Department’s ability to implement risk manage- ment strategies; • The processing of Primary and Secondary Staffing claims; • The processing of non teacher appointments and teacher promotions; • The processing of HR Standards breach claims. Measuring the Key Indicators Each indicator has at least one measure to gauge its per- formance. Key Indicator 1 — Reduction of overpaid salaries For the measurement of the Department’s ability to reduce and recover overpaid salaries a number of measures are avail- able. • The number of Debit Notes drawn per financial year; • The value of Debit Notes drawn per financial year; • The number of Non Debit Note Recoveries (NDNR’s) per financial year; and • The value of Non Debit Note Recoveries per finan- cial year. Key Indicator 2 — Turnaround of Ministerial Correspondence In regard to the Department’s ability to efficiently and ef- fectively prepare and turn around Ministerial correspondence, statistical data is available on the extent to which written Min- isterial requests are met within the deadlines as set by the Minister’s office. The measures used to assess the efficiency of this area are— • Number of replies prepared; • Number of replies completed on time; • Number overdue by 1-10 days; and • Number overdue by more than 10 days. Key Indicator 3 — Development of a Risk Management strat- egy The achievement of a productive risk management approach develops from the extent to which occupational health safety and welfare issues are managed in the workplace. The parties accept that the achievement of improved OHS&W outcomes will depend on the level of training provided. The measures identified to assess the Department produc- tivity in this area are— • The number of training / awareness sessions con- ducted; • The number of persons attending training / aware- ness sessions; • The total number of claims; • Average time lost rate. Key Indicator 4 — The processing of Primary and Secondary Staffing claims Every year the Education Department processes a large number of transfers, leave applications and housing allo- cations in the Primary and secondary area. With the introduction of a computerised system in 1995 the area has seen a significant increase in the turnaround compared with past years when the process was to a very large ex- tent a manual process. The measures identified to assess the Department’s produc- tivity in these areas are— • Number of transfer applications received; • Average time taken for processing transfer applica- tions; • Number of long service leave and leave without pay applications received; • Average time taken for processing leave applica- tions. Key Indicator 5 — Processing of Appointments and Promo- tions The Department processes a large number of teacher and non-teacher promotions and appointments. Measurement includes— • Number of teacher promotions processes; • Average time taken for processing teacher promo- tions; • Number of non-teacher promotions and appoint- ments; and • Average time taken for processing non-teacher pro- motions and appointments. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2674 Key Indicator 6 — Processing of HR Standards Breach Claims • Number of grievances lodged; • Percentage of breaches by public servants and government and ministerial officers; • Percentage of breach claims by public servants and gov- ernment and ministerial officers resulting in further action; • Average time taken for processing a grievance. Performance Score Following the determination of a rating for each measure for a Key Indicator for a reporting period, the ratings are posted to the Component Matrix. All ratings are scored against a ten point range of 1-10. The transfer of the rating to this score enables some comparison within each measurement. Careful consideration has been given to identifying “ordinary performance” which in the ten point scale is represented by a score of four. The “ordinary performance” is determined by a calculation of the mean score over the 1995/96 and 1996/97 fi- nancial years, where data is available. This score will then be measured against the data collected for the 1997/98 financial year to assess the Department’s productivity. A score reached above four represents above ordinary performance with the op- timal score being ten. A score of ten is achievable in some circumstances where exceptional performance has been obtained. For the Department as a whole to receive a score of ten would require a consistent attainment of ten over a twelve month period and an exceptional performance in all components and in virtually all measures. It is recognised that for the Education Department to achieve the optimal score of ten would require an increased allocation of resources. Given that the Department has at its disposal only finite resources, it is not possible to allocate to all com- ponents sufficient resources needed to achieve a score of ten. Weighting’s A weighting is allocated to each measure to record its rela- tive importance. To ensure standardisation across the Department all weight- ing’s are allocated out of a total of 1.0. The allocation of weighting’s will require a focus on objectivity and consist- ency and an intention to continue with the same weighting in future years to retain a uniformed approach. OVERALL EDWA PERFORMANCE MATRIX KI 1 KI 2 KI 3 KI 4 KI 5 KI 6 Score 10 9 8 7 6 5 Baseline 4 3 2 1 0 Weight 0.50 0.10 0.10 0.10 0.10 0.10 Value EDWA PERFORMANCE INDEX = The Performance Reward Scale Performance Bands Score Indicative Productivity 52.1 Salary Increase Exceptional 9 — 10 More than 12.0% By negotiation* Excellent 8 — 9 10.0%—12.0% By negotiation* Very Good 7 — 8 8.0%—10.0% By negotiation* Good 6 — 7 6.0%—8.0% By negotiation* Commendable 5 — 6 4.0%—6.0% 2.0%—3.0%* Reasonable 4 — 5 0% — 4.0% 1.0%—2.0%* Ordinary 4 0 0 Substandard 2 — 3 (0%) — (-4.0%) -1.0%—-2.0%* Unsatisfactory 1 — 2 (-4.0%) — (-6.0%) -2.0%—-3.0%* Completely Unsatisfactory 0 — 1 (-6.0%—(-8.0%) -3.0%—-4.0%* • The salary movements shall be by negotiation reflecting the level of productivity as indicated. Consideration shall be given to the extent of any changes which are outside the direct control of staff employed to carry out related func- tions. Any movement in salaries shall be negotiated within government wages policy before being submitted for en- dorsement through the relevant government processes. In all cases, salary increases will be endorsed by the CSCLR and approved before being paid. Parties agree that actual implementation of productivity improvement is required to justify the pay increase sought. SCHEDULE C — PERSONNEL 2000 ITEM DESCRIPTION GENERAL Reporting Part-Time Leave entitlements for part-time em- Employees Leave ployees will be shown in full-time Entitlements rates ie. 0.5FTE will show as 6.25 days sick leave, 10 days annual and 6.5 weeks LSL. When booking leave, a part-time officer will need to specify the appropriate rate of pay. This will convert the full entitlement into a part- time equivalent, eg. 6.25 days sick leave on full pay converts to 12.5 days sick leave on 0.5 pay. Maintenance of For security reasons, vacation breaks School Vacation table will be maintained centrally. Breaks Schools have the capacity to over- ride breaks to meet local needs. The number of vacation days cannot be altered. Additional days worked to be treated as RDO’s at the site. ANNUAL LEAVE Annual Leave Annualisation of annual leave Loading loading Standardising Anniversary date for annual leave Anniversary Date will be the commencement date of employment. Presently employees accrue pro-rata annual leave on a calendar year basis commencing 1 January each year. The new practice will not disadvan- tage any employee but is a fairer and more equitable policy. Officers will continue to be able to access both ac- crued credits as well as pro-rata credits up to a maximum of 20 days. PORTABILITY OF LEAVE Continuity of Service Previous service history will be re- instated (accrued leave balances including sick leave, long service leave and other leave and entitle- ments not paid out at the end of the employment contract) if the period of the break in service does not ex- ceed six months. SICK LEAVE Sick leave Without a Employees may take up to five days Medical Certificate sick leave per annum without a medi- cal certificate. Viewing Sick Leave With People Soft, accrued sick leave entitlements will be shown on the pay advice. This will enable officers to more ac- curately plan and manage their accrued leave during periods of illness Converting half pay The new information system will credits to full pay automatically pay all sick leave at credits the full-time pay rate unless the officer requests that some or all of the leave be paid at half pay. This facility will give officers control over their per- sonal financial affairs during periods of illness LONG SERVICE LEAVE Expansion of LSL The 50% rule will no longer apply. Subject to the full accrued entitlements being used, officers may request to expand their full entitlement to take 6 months on half pay or less or 12 months on quarter pay. Access to LSL LSL can be taken for any amount of time at the manager’s discretion. In general, it will not be approved in amounts of less than one day. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2675 78 W.A.I.G. Viewing LSL With People Soft, accrued LSL will entitlements be shown on the officer’s pay advice. This will enable officers to more ac- curately plan and access their accrued leave. DEFERRED Standardise the DSS scheme and SALARY SCHEME making the two systems (CSA/SSTU) compatible with respect to accruing service towards LSL SCHEDULE D — DEFERRED SALARY SCHEME Employees who were unable to access the scheme in 1997 will be offered access in 1998 under one of the following ar- rangements— (a) Commencement on the scheme at year 2 and accept- ance of a lesser payment in the fifth year than what would have otherwise been received; or (b) Commencement on the scheme at year 2 and the 20% contribution from last year’s income to be paid into the scheme in either one or two payments over the next twelve months. SCHEDULE E — HOME BASED WORK 1. Definitions “Home based work site” means a private dwelling agreed between the Department, the employee and the Union. “Home based employee” means an employee at the home based work site. “Home based work” means regular performance of ordinary hours of duty at the home based work site. “Office based site” means the location where the employee would ordinarily work if there were no home based work ar- rangement. 2. Terms and Conditions (a) Terms and conditions contained in this schedule ap- ply to an employee who is approved to perform his/ her ordinary hours or part thereof at a home based work site. (b) The employee’s home based work site will be deemed to be his/her headquarters for the purposes of pay- ment of allowances and other arrangements. (c) The status of the home based employee will be iden- tical to that of an office based employee. All relevant awards, agreements, policies and legislation shall apply and be binding. (d) The employee agrees to maintain an accurate record of hours worked including work carried out at the home based work site. The employee is to be contactable during periods in which home based work is carried out and available for communication with the employer. (e) The home based work site may be used for overtime provided that separate written agreement is reached prior to the commencement of overtime. Overtime hours of work will be agreed in writing and paid in accordance with the overtime provision of this Agree- ment. A copy of the written agreement will be held by both the employee and the employer for the pe- riod during which the overtime is carried out at the home based work site. (f) Home based work will be on the basis that the em- ployee spends a designated period of time agreed between the employer and the employee of his/her usual weekly hours of duty at the office based site. (g) The employer will be responsible for the provision and maintenance of Departmental equipment in a condition that complies with the Western Australian Occupational Health and Safety Act 1984 and the provision of supplies as set out in Clause 3.—Initia- tion of and Approval for Home Based Work of this Schedule provided that the employer and the em- ployee may agree on any alternative arrangements if appropriate. Such alternative arrangements must be recorded. (h) An employee in a home based work arrangement is prohibited from contracting out his/her work. (i) The employer shall ensure home based employees have the same opportunities for career development and training as office based employees. In particu- lar— (i) a home based employee will carry out such duties as are within the limits of the employ- ee’s skill, competence and training and job description; and (ii) an employee working at the home based site will be expected to undertake appropriate work-related training, occupational health and safety training and staff development and shall receive notification of career and training op- portunities available. Such training may include change to work design, work organi- sation and technical developments in his/her field of employment; and should occur in work time, at either the office based site or in a rec- ognised training centre. 3. Initiation of and Approval for Home Based Work (a) A home based working arrangement will only be entered into on a voluntary basis which may be initi- ated by the employee. An employee may only initiate a proposal for home based work in respect of: (i) that employee’s substantive position; or (ii) a position in which the employee is temporar- ily performing duties. (b) Each application for a home based work arrange- ment is to be considered on a case by case basis. (c) The employer shall provide the Union with a quar- terly report of home based work arrangements. (d) The parties acknowledge that a home based work arrangement will not be appropriate when an em- ployee is on a return to work program, particularly a graduated return to work program following an in- jury as a result of work. Should it be considered appropriate to initiate a home based work arrange- ment in this circumstance the employer and employee must consult the employee’s approved rehabilitation provider prior to commencing such an arrangement. (e) A home based work arrangement is not a substitute for dependant care. The employee has the responsibil- ity to ensure the home based work arrangement is appropriate to the employee’s domestic circumstances. (f) It is the employee’s responsibility to assess the per- sonal implications of commencing home based work with respect to taxation, insurances, leasing or mort- gage arrangements. 4. Requirements for Approval (a) Before approval can be given for a home based work arrangement to commence, the Department and the employee must agree to the following matters— (i) The address, telephone number, facsimile number and E-mail address of the home based work site. (ii) The duties to be performed. (iii) The days and hours of duty at the office based site and at the home based site. (iv) Duration of the arrangement and agreed pe- riod of notice for purposes of terminating the arrangement. (v) The specific facilities to be used at the home based work site. (vi) The method of disseminating Departmental communication bulletins to the home based employee where access to that information may be reduced. (vii) Methods of measuring work performance, pro- vided that systems-based automated work measurements will not be used as the sole means for determining or monitoring indi- vidual work performance. (viii) Details of the Department’s assets and sup- plies to be used at the home based site, including maintenance arrangements. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2676 (ix) Details of the employee’s assets and supplies to be used at the home based site for official use, including maintenance and insurance cov- erage. (x) Details of the work space and facilities to be provided when the employee attends the of- fice based site. (xi) Any alterations to the workplace and facili- ties that may be required resulting from Occupational Health and Safety legislation. (b) All matters listed in paragraph (a) of this clause and the matters listed hereunder shall be recorded: (i) The employee’s name. (ii) The employee’s position indicating whether it is the employee’s substantive position. (iii) The name and position of the employee’s su- pervisor. (iv) The employee’s division/branch/department/ area/centre. (v) Agreed security measures and Occupational Health and Safety requirements. (c) After approval of a home based work arrangement and prior to the arrangement commencing, the De- partment will provide the Union with respect to the relevant work are details of the numbers and classi- fications of staff who will be working from home. 5. Characteristics Not Considered Appropriate for Home Based Work (a) Employees performing the duties of a position where the position could be described as having at least one of the following characteristics will not be con- sidered for home based work: (i) The position requires a high degree of super- vision or close scrutiny. (ii) The position requires a direct client face to face contact on a frequent basis without the option of easily re-scheduling. (iii) The position does not lend itself to objective performance monitoring of outcomes. (iv) The position requires the occupant to be a member of a team and that regular direct face to face contact on a daily basis with other team members at the office based site is an integral part of the job’s responsibilities. (v) The position has other characteristics which the Union and the employer have agreed are unsuitable for home based work. 6. Access Arrangements (a) The parties acknowledge that management or man- agement representatives will from time to time need to obtain access to a home based site and that the Union may wish to visit a member while he or she is working from a home based site. The parties ac- knowledge that only management will require urgent access which will only be granted under terms of this clause. (b) The parties also acknowledge that the consent of the home based employee is required before access can be obtained to a home based work site. (c) Unless urgent access is required to a home based work site, or the home based work employee agrees other- wise, on a case by case basis the home based work employee must be given at least two clear day’s no- tice of any persons’ intention to physically enter the home based work site. Neither management nor Unions will apply pressure to reduce this notice pe- riod. (d) The purpose for which management may require ur- gent access to a home based work site are— (i) maintenance of faulty equipment; (ii) occupational health and safety purposes; (iii) urgent security and audit purposes; and (iv) other purposes agreed between the employer and the union. (e) The purpose for which non-urgent access may be sought include but are not limited to— (i) routine maintenance of equipment and sup- plies; (ii) assessing and monitoring of security arrange- ments of equipment and documents; (iii) routine occupational health and safety assess- ments; (iv) access by union to member where office based site access would not be adequate; and (v) supervision where office based supervision would not be adequate. 7. Termination and Renegotiation (a) In the event of renegotiation as a result of the com- mencement of a return to work program the employee’s approved rehabilitation provider must be consulted. (b) A home based working agreement may be— (i) altered or discontinued by agreement at the request of the employer or the employee, pro- vided that neither party will unreasonably withhold agreement to alter or discontinue the arrangement; (ii) terminated by the employer due to operational requirements after a period of four weeks’ notice including where the employee unrea- sonably withholds consent with respect to access by management or management representatives in accordance with Clause 6.— Access Arrangements of this Schedule; (iii) terminated by the employer on grounds of in- efficiency of the arrangements after four weeks’ notice; (iv) terminated by the employer in the event of failure to comply with Occupational Health and Safety or security arrangements as out- lined in Clause 6.—Access Arrangement of this Schedule. (c) Where an arrangement is terminated in accordance with this clause the employee will be provided with written reasons at the time when notice is given. In accordance with the principles of natural justice, the employee shall be given 2 weeks to reply to the writ- ten reasons and the employer will give due consideration to any response provided. 8. Review of Home Based Work Arrangements (a) A joint review shall be commenced by the parties to this Agreement, three months prior to expiration of this Agreement. (b) The review will be based on survey data obtained from participating employees and organisational units. (c) All information relevant to the review will be pro- vided to the Union prior to the conduct of review. (d) The terms of reference of the joint review will in- clude appropriate terms to evaluate: (i) any need for reimbursement of additional net costs incurred by home based employees; (ii) any need to revise security arrangements for home based work; (iii) the need for a further review; (iv) any other matters deemed appropriate. (e) The parties agree to consider other characteristics beyond those set out in Clause 4.—Requirements for Approval of this Schedule which may be inappro- priate for home based work, specifically arrangements that could involve continuous and re- petitive keyboarding. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2677 78 W.A.I.G. FAMILY AND CHILDREN SERVICES ENTERPRISE BARGAINING AGREEMENT 1998. No. PSGAG 6 of 1998.