WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Civil Service Association of Western Australia Incorporated and Public Service Commission. No. PSA A4 of 1989. COMMISSIONER J.A. NEGUS. 24th day of May 1990. Award. HAVING heard Mr R. Manning on behalf of the Applicant and Mr S. Whish-Wilson on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby makes the following Award. (Sgd.) J.A. NEGUS, [L.S.] Commissioner. Award No. PSA A4 of 1989. This award shall be known as the Public Service General Conditions of Service and Allowances Award — No. PSA A4 of 1989 and supersedes and replaces the Public Service Miscellaneous Allowances Award 1982 No. 14 of 1982; Public Service Camping Allowance Agreement 1985 No. 2 of 1985; Public Service District Allowance Award 1988 No. PSA A5 of 1985; Public Service Diving and Flying Allowances Agreement 1982 No. 16 of 1982; Public Service Allowance (Higher Duties) Award 1981 No. 8 of 1981; Public Service Motor Vehicle Allowances Consolidated Award 1986 No. 13of 1976; Public Service Overtime Allowance Award 1976 No. 10 of 1978; Public Service Property Allowance Award 1981 No. 4 of 1981; Public Service Shift Work Agreement 1978 No. 24 of 1978. 172B WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70 W.A.I.G. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Definitions. 5. Travelling Allowance. 6. Transfer Allowance. 7. Disturbance Allowance. 8. Removal Allowance. 9. Relieving Allowance. 10. Dirty Work Allowance. 11. Protective Clothing Allowance. 12. Weekend Absence from Residence. 13. Sea Going Allowance. 14. Annual Leave Loading. 15. Camping Allowance. 16. District Allowance. 17. Diving and Flying Allowance. 18. Higher Duties Allowance. 19. Motor Vehicle Allowance. 20. Overtime Allowance. 21. Property Allowance. 22. Shift Work Allowance. 23. Special Conditions. 24. Copies of Award. 25. Term of Award. Schedule A — Travelling, Transfer and Relieving Allowance. Schedule B — Camping Allowance. Schedule C — Camping Allowance. Schedule D — District Allowance. Schedule E — Motor Vehicle Allowance. Schedule F — Motor Vehicle Allowance. Schedule G — Motor Cycle Allowance. Schedule H — District Allowance. 3.—Scope. This award shall apply to all government officers employed under the provisions of the Public Service Act 1978, whose offices are not included in the special division of the public service. 4.—Definitions. In this award, the following expressions shall have the following meaning:— "Administrative Instruction" means adminis- trative instruction published in accordance with section 19 of the Public Service Act 1978. "The Association" means the Civil Service Association of Western Australia Incorporated. "Commissioner" means the Public Service Commissioner appointed under the Public Service Act 1978. "A day" means from midnight to midnight. "Dependant" in relation to an officer means:— (a) spouse including de facto spouse; (b) child/children; or (c) other dependent family; who resides with the officer and who relies on the officer for support. "Headquarters" means the place in which the principal work of an officer is carried out, as defined by the Chief Executive Officer. "Metropolitan Area" means that area within a radius of 50 kilometres from the Perth City Railway Station. "Chief Executive Officer" in relation to any officer employed in a department, means the person immediately responsible for the general management of the department to the Minister of the Crown for the time being administering the department. "Camp of a permanent nature" means single room accommodation in skid mounted or mobile type units, caravans, or barrack type. accommodation where the following are provided in the camp — — Water is freely available; — Ablutions including a toilet, shower or bath and laundry facilities; — Hot water system; — A kitchen, including a stove and table and chairs, except in the case of a caravan equipped with its own cooking and messing facilities; — An electricity or power supply, and; — Beds and mattresses except in the case of caravans containing sleeping accommodation. For the purpose of this definition caravans located in caravan parks or other locations where the above are provided shall be deemed a camp of a permanent nature. "House" means a house, duplex or cottage including transportable type accommodation which are self contained and in which the facilities prescribed for "camp of a permanent nature" are provided. "Other than a permanent camp" means a camp where any of the above are not provided. "Officer" means an officer as defined by the Public Service Act 1978. "Dependant" in relation to an officer (for the purpose of district allowance) means: (a) a spouse; or (b) where there is no spouse, a child or any other relative resident within the State who rely on the officer for their main support; who does not receive a district or location allowance of any kind. "Partial dependant" in relation to an officer (for the purpose of district allowance) means: (a) a spouse; or (b) where there is no spouse, a child or any other relative resident within the State who rely on the officer for their main support; who receives a district allowance or location allowance of any kind less than that applicable to an officer without dependants under any award, agreement or other provision regulating the employment of the partial dependant. "Spouse" means an officer's spouse including de facto spouse. In this award the following expressions shall have the following meaning in respect to motor vehicle allowances: (a) "A year" means 12 months commencing on the 1st day of July and ending on the 30th day of June next following. (b) "Metropolitan area" means that area within a radius of 50 kilometres from the Perth City Railway Station. (c) "South West Land Division" means the South West Land Division as defined by section 28 of the Land Act 1933-1972 excluding the area contained within the metropolitan area. (d) "Rest of the State" means that area south of 23.5 degrees south latitude, excluding the metropolitan area and the South West Land Division. (e) "Term of Employment" means a require- ment made known to the officer at the time of applying for th e position by way of publication in the advertisement for the position, written advice to the officer contained in the offer for the position or oral communication at interview by an interviewing officer and such require- ment is accepted by the officer either in writing or orally. (f) "Qualifying Service" shall include all service in positions where there is a requirement as a term of employment to supply and maintain a motor vehicle for use on official business but shall exclude all absences which affect entitlements as provided by the schedule attached to Public Service Board Administrative Instruction 610. "Prescribed hours of duty" shall mean the hours of duty prescribed in Administrative Instructions made pursuant to the Public Service Act 1978. "Public service holiday" means the days mentioned in section 59(5) of the Public Service Act 1978 and in Regulation 7 made thereunder. "Ordinary travelling time" shall mean the time which an officer would ordinarily spend in travell- ing by public transport once daily from the officer's home to the officer's usual headquarters and home again. It is the time elapsing between the time of departure from home and the official time of commencement of duty, and the official time of cessation of duty and arrival at home. Where the officer has a continuing approval to use a vehicle for official business, ordinary travelling time means the time spent in travelling by that vehicle from the officer's home to headquarters and home again each day. "Agent" means a person carrying on business as an estate agent in a State or Territory of the Commonwealth, being, in a case where the law of that State or Territory provides for the registration or licensing of persons who carry on such a business, a person duly registered or licensed under that law. "Expenses" in relation to an officer means all costs incurred by the officer in the following areas (for the purpose of property allowance):— (a) Legal fees in accordance with the Solicitor's Remuneration Order 1976 as amended and varied, duly paid to a solicitor or in lieu thereof fees charged by a settlement agent for professional costs incurred in respect of the sale or purchase, the maximum fee to be claimed shall be as set out under Item 8 of the above order. (b) Disbursements duly paid to a solicitor or a settlement agent necessarily incurred in respect of the sale or purchase of the residence. (c) Real Estate Agent's Commission in accordance with that fixed by the Real Estate and Business Agents Supervisory Board, acting under section 61 of the Real Estate and Business Agents Act 1978, duly paid to an agent for services rendered in the course of and incidental to the sale of the property, the maximum fee to be claimed shall be 50 per cent as set out under Items 1 or 2 — Sales by Private Treaty or Items 1 or 2 — Sales by Auction of the Maximum Remuneration Notice. (d) Stamp duty. (e) Fees paid to the Registrar of Titles or to the officer performing duties of a like nature and for the same purpose in another State or Territory of the Commonwealth. (f) Expenses relating to the execution or discharge of a first mortgage. (g) The amount of expenses reasonably incurred by the officer in advertising the residence for sale. "Locality" in relation to an officer means (for the purpose of property allowance only):— (a) Within the metropolitan area, that area within a radius of 50 kilometres from the Perth Central Railway Station, and (b) Outside the metropolitan area, that area within a radius of 50 kilometres from an officer's headquarters when they are situated outside of the metropolitan area. "Residence" includes any accommodation of a kind commonly known as a flat or a home unit that is, or is intended to be, a separate tenement including dwelling house. For the purpose of Clause 21.—Property Allowance of this award "residence" shall mean a residence as defined in this award, and the surrounding land, exclusive of any other commercial property, as would represent a normal urban block of land for the particular locality. "Settlement Agent" means a person carrying on business as settlement agent in a State or Territory of the Commonwealth, being, in a case where the law of that State or Territory provides for the registration or licensing of persons who carry on such a business, a person duly registered or licensed under the law. In this award (for the purpose of shift allow- ances) the following expressions shall have the following meaning: "Day Shift" means a shift commencing after 6.00 a.m. and before 12 noon. "Afternoon Shift" means a shift commencing at or after 12 noon and before 6.00 p.m. "Night Shift" means a shift commencing at or after 6.00 p.m. and before 6.01 a.m. 5.—Travelling Allowance. An officer who travels on official business shall be reimbursed reasonable expenses on the following basis:— (1) When a trip necessitates an overnight stay away from headquarters and the officer:— is supplied with accommodation and meals free of charge; or attends a course, conference, etc, where the fee paid includes accommodation and meals; or travels by rail and is provided with a sleeping berth and meals; or is accommodated at a government institu- tion, hostel or similar establishment and supplied with meals; reimbursement shall be in accordance with the rates prescribed in Column A. Items (1), (2) or (3) of Schedule A. (2) When a trip necessitates an overnight stay away from headquarters and the officer is fully responsible for his or her own accommoda- tion, meals and incidental expenses:— (a) where hotel or motel accommodation is utilised reimbursement shall be in accordance with the rates prescribed in Column A, Items (4) to (8) of Schedule A; and (b) where other than hotel or motel accom- modation is utilised reimbursement shall be in accordance with the rates prescribed in Column A, Items (9), (10) or (11) of Schedule A. (c) Where attendance at a course, confer- ence, etc is required and the fee paid does not include meals a reimburse- ment shall be made in accordance with the rates prescribed in Column A, Item (1) and Items (12), (13) or (14) of Schedule A. (3) To calculate reimbursement under subclauses (1) and (2) for a part of a day, the following formula shall apply:— (a) If departure from headquarters is: before 8.00 a.m. — 100 per cent of the daily rate. 8.00 a.m. or later but prior to 1.00 p.m. — 90 per cent of the daily rate. 1.00 p.m. or later but prior to 6.00 p.m. — 75 per cent of the daily rate. 6.00 p.m. or later — 50 per cent of the daily rate. (b) If arrival back at headquarters is: 8.00 a.m. or later but prior to 1.00 p.m. — 10 per cent of the daily rate. I.00 p.m. or later but prior to 6.00 p.m. — 25 per cent of the daily rate. 6.00 p.m. or later but prior to 11.00 p.m. — 50 per cent of the daily rate. II.00 p.m. or later — 100 per cent of the daily rate. (4) When an officer travels to a place outside a radius of 50 kilometres measured from the officer's headquarters, and the trip does not involve an overnight stay away from head- quarters, reimbursement for all meals claimed shall be at the rates set out in Column A, Items (12) or (13) of Schedule A subject to the officer's certification that each meal claimed was actually purchased: Provided that when an officer departs from headquarters before 8.00 a.m. and does not arrive back at head- quarters until after 11.00 p.m. on the same day the officer shall be paid at the appropriate rate prescribed in Column A, Items (4) to (8) of Schedule A. (5) When it can be shown to the satisfaction of the Chief Executive Officer by the production of receipts that reimbursement in accordance with Schedule A does not cover an officer's reasonable expenses for a whole trip the officer shall be reimbursed the excess expenditure. (6) In addition to the rates contained in Schedule A an officer shall be reimbursed reasonable incidental expenses such as train, bus and taxi fares, official telephone calls, laundry and dry cleaning expenses, on production of receipts. (7) If on account of lack of suitable transport facilities an officer necessarily engages reasonable accommodation for the night prior to commencing travelling on early morning transport the officer shall be reimbursed the actual cost of such accom- modation. (8) Reimbursement of expenses shall not be sus- pended should an officer become ill whilst travelling, provided such illness is approved in accordance with provisions of the Public Service Regulations 1988 and Administrative Instructions, and the officer continues to incur accommodation, meal and incidental expenses. (9) Reimbursement claims for travelling in excess of 14 days in one month shall not be passed for payment by a certifying officer unless the Chief Executive Officer has endorsed the account. (10) An officer who is relieving at or temporarily transferred to any place within a radius of 50 kilometres measured from the officer's head- quarters shall not be reimbursed the cost of midday meals purchased, but an officer travelling on duty within that area which requires absence from the officer's head- quarters over the usual midday meal period shall be paid at the rate prescribed by Item 17 of Schedule A for each meal necessarily purchased, provided that:— (a) such travelling is not a normal feature in the performance of the officer's duties; and (b) such travelling is not within the suburb in which the officer resides; and (c) the officer's total reimbursement under this subclause for any one pay period shall not exceed the amount prescribed by Item (18) of Schedule A. 6.—Transfer Allowance. (1) Except as provided in subclause (4), an officer who is transferred to a new locality in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the officer has no control, shall be paid at the rates prescribed in Column A, Items (4), (5) or (6) of Schedule A for a period of 14 days after arrival at new headquarters within Western Australia or Column A, Items (7) and (8) of Schedule A for a period of 21 days after arrival at a new headquarters in another State of Australia: Provided that if an officer is required to travel on official business during the said periods, such period will be extended by the time spent in travelling. Under no circumstances, however, shall the provisions of this subclause operate concurrently with those of Clause 5 of this award to permit an officer to be paid allowances in respect of both travelling and transfer expenses for the same period. (2) If an officer is unable to obtain reasonable accommodation for the transfer of his or her home within the prescribed period referred to in subclause (1) of this clause and the Chief Executive Officer is satisfied that the officer has taken all possible steps to secure reasonable accommodation, such officer shall, after the expiration of the prescribed period, be paid in accordance with the rates prescribed by Column B, Items (4), (5), (6), (7) or (8) of Schedule A as the case may require, until such time as the officer has secured reasonable accommodation; Provided that the period of reimbursement under this subclause shall not exceed 77 days without the approval of the Chief Executive Officer. (3) When it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred by an officer on transfer, an appropriate rate of reimbursement shall be determined by the Chief Executive Officer, (4) An officer who is transferred to departmental accommodation shall not be entitled to reimbursement under this clause: Provided that:— (a) where entry into departmental accommoda- tion is delayed through circumstances beyond the officer's control an officer may, subject to the production of receipts, be reimbursed actual reasonable accommodation and meal expenses for the officer and dependants less a deduction for normal living expenses prescribed in Column A, Items (15) and (16) of Schedule A. and provided that — (b) if any costs are incurred under Clause 7(2) of this award, they shall be reimbursed by the department. 7.—Disturbance Allowance. (1) Where an officer is transferred and incurs expenses in the areas referred to in subclause (2) of this clause as a result of that transfer then the officer shall be granted a disturbance allowance and shall be reimbursed by the department the actual expenditure incurred upon production of receipts or such other evidence as may be required. (2) The disturbance allowance shall include:— (a) Costs incurred for telephone installation at the officer's new residence provided that the cost of the telephone installation shall be reimbursed only where a telephone was installed at the officer's former residence including departmental accommodation. (b) Costs incurred with the connection or reconnection of services to the officer's household including departmental accom- modation for water, gas or electricity. 8.—Removal Allowance. (1) When an officer is transferred in the public interest or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the officer has no control, the officer shall be reimbursed:— (a) The actual reasonable cost of conveyance of the officer and dependants. (b) The actual cost (including insurance) of the conveyance of an officer's household furniture, effects and appliances up to a maximum volume of 25 cubic metres, provided that a larger volume may be approved by the Public Service Commissioner in special cases. (c) An allowance of $445 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an officer is required to transport his or her furniture, effects and appliances provided that the Chief Executive Officer is satisfied that the value of household furniture, effects and appliances moved by the officer is at least $2 660. (2) An officer who is transferred solely at his or her own request or on account of misconduct must bear the whole cost of removal unless otherwise determined by the Commissioner prior to removal. (3) Am officer shall be reimbursed the full freight charges necessarily incurred in respect of the removal of the officer's motor vehicle. If authorised by the Chief Executive Officer to travel to a new locality in the officer's own motor vehicle, reimbursement shall be as follows:— (a) Where the officer will be required to maintain a motor vehicle for use on official business at the new headquarters, reimbursement for the distance necessarily travelled shall be on the basis of the appropriate rate prescribed by Clause 19(2) of this award. (b) Where the officer will not be required to maintain a motor vehicle for use on official business at the new headquarters reimburse- ment for the distance necessarily travelled shall be on the basis of one-half of the appropriate rate prescribed by Clause 19(2) of this award. (4) The officer shall, before removal is undertaken obtain quotes from at least two carriers which shall be submitted to the Chief Executive Officer, who may authorise the acceptance of the more suitable: Provided that payment for a volume amount beyond 25 cubic metres by a department is not to occur without the prior written approval of the Public Service Commissioner. (5) The Chief Executive Officer may, in lieu of con- veyance, authorise payment to compensate for any loss in any case where an officer, with prior approval of the Chief Executive Officer, disposes of his or her household furniture effects and appliances instead of removing them to the new headquarters: Provided that such payment shall not exceed the sum which would have been paid if the officer's household furniture effects and appliances had been removed by the cheapest method of transport available and the volume was 25 cubic metres. (6) Where an officer is transferred to departmental accommodation where furniture is provided and as a consequence is obliged to store his or her own furniture the officer shall be reimbursed the actual cost of such storage up to a maximum allowance of $590 per annum. Actual cost is deemed to include the premium for adequate insurance coverage of the value of the furniture stored. An allowance under this subclause shall not be paid for a period in excess of four years without approval of the Commissioner. (7) Receipts must be produced for all sums claimed. (8) New appointees to the public service shall be entitled to receive the benefits of this clause if they are required by the employer to participate in any training course prior to being posted to their respective positions in the service. This entitlement shall only be available to officers who have completed their training and who incur costs when moving to their first posting. 9.—Relieving Allowance. Am officer who is required to take up duty away from headquarters on relief duty or to perform special duty, and necessarily resides temporarily away from the officer's usual place of residence shall be reimbursed reasonable expenses on the following basis:— (1) Where the officer:— is supplied with accommodation and meals free of charge, or is accommodated at a government institu- tion, hostel or similar establishment and supplied with meals, reimbursement shall be in accordance with the rates prescribed in Column A, Items (1), (2) or (3) of Schedule A. (2) Where officers are fully responsible for their own accommodation, meals and incidental expenses and hotel or motel accommodation is utilised:— (a) For the first 42 days after arrival at the new locality reimbursement shall be in accordance with the rates prescribed in Column A, Items (4) to (8) of Schedule A. (b) For periods in excess of 42 days after arrival in the new locality reimburse- ment shall be in accordance with the rates prescribed in Column B, Items (4) to (8) of Schedule A for officers with dependants or Column C. Items (4) to (8) of Schedule A for other officers: Provided that the period of reimburse- ment under this subclause shall not exceed 49 days without the approval of the Chief Executive Officer. (3) Where officers are fully responsible for their own accommodation, meal and incidental expenses and other than hotel or motel accommodation is utilised reimbursement shall be in accordance with the rates prescribed in Column A Items (9), (10) or(ll) of Schedule A. (4) If an officer whose normal duties do not involve camp accommodation is required to relieve or perform special duty resulting in a stay at a camp, the officer shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $105 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum $105 in any one period of three years. (5) Reimbursement of expenses shall not be sus- pended should an officer become ill whilst on relief duty, provided leave for the period of such illness is approved in accordance with the provisions of the Public Service Regula- tions 1988 and Administrative Instructions, and the officer continues to incur accom- modation, meal and incidental expenses. (6) When an officer who is required to relieve or perform special duties in accordance with the preamble of this clause is authorised by the Chief Executive Officer to travel to the new locality in the officer's own motor vehicle, reimbursement for the return journey shall be as follows:— (a) Where the officer will be required to maintain a motor vehicle for the per- formance of the relieving or special duties, reimbursement shall be in accordance with the appropriate rate prescribed by Clause 19(2) of this award. (b) Where the officer will not be required to maintain a motor vehicle for the per- formance of the relieving or special duties reimbursement shall be on the basis of one-half of the appropriate rate prescribed by Clause 19(2) of this award. Provided that the maximum amount of reimbursement shall not exceed the cost of the fare by public conveyance which otherwise would be utilised for such return journey. (7) Where it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred, an appropriate rate of reimbursement shall be determined by the Chief Executive Officer. (8) The provisions of Clause 5.—Travelling Allowance shall not operate concurrently with the provisons of this clause to permit an officer to be paid allowances in respect of both travelling and relieving expenses for the same period: Provided that where an officer is required to travel on official business which involves an overnight stay away from the officer's temporary headquarters the Chief Executive Officer may extend the periods specified in subclause (2) of this clause by the time spent in travelling. (9) An officer who is directed to relieve another officer or to perform special duty away from the officer's usual headquarters and is not required to reside temporarily away from his or her usual place of residence shall, if the officer is not in receipt of a higher duties or special allowance for such work, be reim- bursed the amount of additional fares paid by the officer travelling by public transport to and from the place of temporary duty. 10.—Dirty Work Allowance. A special allowance, to be determined by the Office of Industrial Relations shall be paid to an officer when engaged in any dirty work (including moving or sorting old books and documents) which is not part of the regular duty of the officer concerned. 11.—Protective Clothing Allowance. An officer engaged on work which requires the provision of protective clothing shall be provided with such protective clothing or granted an allowance as determined by the Office of Industrial Relations. 12.—Weekend Absence from Residence. (1) An officer who is temporarily absent from his or her normal headquarters on relieving duty or travelling on official business outside a radius of 320 kilometres measured from the normal headquarters and is necessarily absent from his or her residence and separated from dependants, shall be granted an additional day's leave for every group of three consecutive weekends so absent, provided that each weekend shall be counted as a member of only one group. Provided that:— (a) the relief duty or travelling on official business is within Australia and the officer is not directed to work on the weekend by the Chief Executive Officer; (b) an additional day's leave shall not be allowed if the Chief Executive Officer has approved the officer's dependants' accompanying the officer during the period of relief or travelling; (c) additional leave under this subclause shall be commenced within one month of the period of relief duty or travelling being completed unless the Chief Executive Officer approves otherwise; (d) the annual leave loading provided by Clause 14 of this Award shall not apply to any leave entitlements under this clause. (2) Officers who are temporarily absent from their normal headquarters on relieving duty or travelling on official business outside a radius of 320 and up to 400 kilometres measured from the normal headquarters, may elect to have the benefit of concessions provided by subclause (3) of this clause in lieu of those provided by 1733 subclause (1). Kalgoorlie, Albany and Geraldton shall be regarded as being within a radius of 400 kilometres for the purpose of this subclause in the case of an officer resident in the Metropolitan Area, (3) Officers who are temporarily absent from their normal headquarters on relieving duty or travelling on official business within a radius of 320 kilometres measured from the officer's headquarters, and such relief duty or travel would normally necessitate the officer being absent from his or her residence for a weekend, shall be allowed to return to such residence for the weekend. Provided that:— (a) An officer who is directed to work on a weekend by the Chief Executive Officer shall not be entitled to the concessions; (b) All travelling to and from the officer's residence shall be undertaken outside of the hours of duty prescribed by Administrative Instruction 701; (c) An officer who has obtained the approval of the Chief Executive Officer for dependants to accompany the officer during the period of relief or travelling shall not be entitled to the concessions provided by this subclause; (d) When an officer is authorised by the Chief Executive Officer to use his or her own motor vehicle to travel to the locality where the relief duty is being performed or when travelling on official business the officer shall be reimbursed on the basis of one-half of the appropriate rate prescribed by Clause 19(2) of this award for the journey to the officer's residence for the weekend and the return to the place of relief duty: Provided that the maximum amount of reimbursement shall not exceed the cost of the rail or bus fare by public conveyance which otherwise would be utilised for such journey and payment shall be made only to the owner of such vehicle. (e) When an officer has been authorised by the Chief Executive Officer to use a government motor vehicle in connection with the relief duty or travelling on official business, the officer shall be allowed to use that vehicle for the purpose of returning to his or her residence for the weekend; (f) An officer who does not use his or her own vehicle or a government motor vehicle as provided by paragraphs (d) and (e) of this subclause, shall be reimbursed the cost of the fare by public conveyance by road or rail for the journey to and from the officer's residence for the weekend; (g) An officer who does not make use of the provisions of this subclause shall be paid travelling allowance or relieving allowance as the case may require in accordance with the provisions of Clause 5.—Travelling Allow- ance or 9.—Relieving Allowance of this Award. (h) Officers who return to their residence for the weekend in accordance with the provisions of this subclause shall not be entitled to the reimbursement of any expenses allowed by Clause 5.—Travelling Allowance and Clause 9.—Relieving Allowance of this Award during the period from the time when the officer returns to his or her residence to the time of departing from such residence to travel to resume duty at the place away from the residence. 13.—Sea Going Allowance. (1) Victualling Allowance — Government Vessels. (a) An officer who is required to live on board a vessel and is necessarily absent from his or her usual place of residence overnight, shall be paid a victualling allowance of $17.50 per day to cover victualling and all incidents of employment other than overtime. Provided that where meals on board are prepared by a cook, the daily allowance shall be $13.10 per day. (b) The daily allowance shall be paid for each day exceeding eight hours spent on board a vessel, provided that one-half of the allowance shall be paid for any part of a day not exceeding eight hours. (2) Victualling Allowance — Non Government Vessels. (a) Charges for victualling levied on an officer when accommodated on other than a govern- ment vessel shall be met by the Department and the victualling allowance referred to in subclause (1) of this clause shall not be payable. (b) Subject to the decision of the Chief Executive Officer that the difficulties of living on board the non government vessel are greater than those normally encountered on a government vessel, an allowance of $15.95 for each occasion on which the officer is accom- modated overnight, shall be paid. (3) Hard Living Allowance — All Vessels: To compensate for difficulties associated with living in small vessels at sea an allowance of 37 cents per hour shall be paid to officers for every hour spent at sea in excess of 36 consecutive hours on a single trip. (4) An officer in receipt of an allowance prescribed by this clause shall not receive payment of allowances prescribed in Clause 5.—Travelling Allowance or Clause 9—Relieving Allowance of this Award. 14.—Annual Leave Loading. Officers proceeding on annual leave of absence for recreation in accordance with the provisions of section 59 of the Public Service Act 1978 shall be paid a loading on such leave as shall be negotiated between the Commissioner and the Association. 15.—Camping Allowance. (1) An officer, who is stationed in a camp of a permanent nature, shall be paid the appropriate allowance prescribed by Item (1) or Item (2) of Schedule B or C for each day spent camping. (2) An officer who is stationed in a camp — other than a permanent camp — or is required to camp out, shall be paid the appropriate allowance prescribed by Item (3) or Item (4) of'Schedule B or C for each day spent camping. (3) Officers who occupy a house shall not be entitled to allowances prescribed by this clause. (4) Officers accommodated at a government institution, hostel or similar establishment shall not be entitled to allowances prescribed by this clause. (5) Where an officer is provided with food and/or meals by the department free of charge, then the officer shall only be entitled to receive half the appropriate allowance to which the officer would otherwise be entitled for each day spent camping. (6) (a) An officer shall not be entitled to receive an allowance under this Award for periods in excess of 91 consecutive days unless the Chief Executive Officer , otherwise determines. Provided that where an officer is reimbursed under the provisions of Clause 5 of this award, then such periods shall be included for the purposes of determining the 91 consecutive days. (b) The Commissioner in reviewing any claim under this subclause may determine an allowance other than what is contained in this clause. (7) When camping, an officer shall be paid the allow- ance on Saturdays and Sundays if available for work immediately preceding and succeeding such days and no deduction shall be made under these circumstances when an officer does not spend the whole or part of the weekend in camp, unless the officer is reimbursed under the provisions of Clause 5 of this award. (8) This clause shall be read in conjunction with Clauses 5.—Travelling Allowance, 6.—Transfer Allowance and 9.—Relieving Allowance of this Award for the purpose of paying allowances, and camping allowance shall not be paid for any period in respect of which travelling, transfer or relieving allowances are paid. Where portions of a day are spent camping, the formula contained in Clause 5 of this award shall be used for calculating the portion of the allowance to be paid for that day. For the purposes of this subclause arrival at headquarters shall mean the time of actual arrival at camp. Departure from headquarters shall mean the time of actual departure from camp or the time of ceasing duty in the field subsequent to breaking camp, whichever is the later. (9) Officers in receipt of an allowance under this clause shall not be entitled to receive the incidental allowance prescribed by Clause 5 of this award. (10) Whenever an officer provided with a caravan is obliged to park the caravan in a caravan park he or she shall be reimbursed the rental charges paid to the authority controlling the caravan park, in addition to the payment of camping allowance. (11) Where an officer, who is not supplied with camping equipment by the department, hires such equipment as is reasonable and necessary, he or she shall be reimbursed such hire charges, in addition to the payment of camping allowances. 16.—District Allowance. (1) (a) An officer shall be paid a district allowance at the standard rate prescribed in Column II of Schedule D to this Award, for the district in which the officer s headquarters is located. Provided that where the officer's headquarters is situated in a town or place specified in Column III of Schedule D, the officer shall be paid a district allowance at the rate appropriate to that town or place as prescribed in Column IV of the said schedule. (b) An officer who has a dependant shall be paid double the district allowance prescribed by subclause (l)(a) of this clause for the district, town, or place in which the officer's headquarters is located. (c) Where an officer has a partial dependant the total district allowance payable to the officer shall be the district allowance prescribed by subclause (l)(a) of this clause plus an allowance equivalent to the difference between the rate of district or location allowance the partial dependant receives and the rate of district or location allowance the partial dependant would receive if he or she was employed in a full-time capacity under the Award, Agreement or other provision regulating the employment of the partial dependant. (d) When an officer is on approved annual recrea- tional leave, the officer shall for the period of such leave, be paid the district allowance to which he or she would ordinarily be entitled. (e) When an officer is on long service leave or other approved leave with pay (other than annual recrea- tional leave), the officer shall only be paid district allowance for the period of such leave if the officer, dependant/s or partial dependant/s remain in the district in which the officer's headquarters are situated. (f) When an officer leaves his or her district on duty, payment of any district allowance to which the officer would ordinarily be entitled shall cease after the expiration of two weeks unless the officer's dependant/s or partial dependant/s remain in the district or as otherwise approved by the Chief Executive Officer. (g) Except as provided in subclause (l)(f) of this clause, a district allowance shall be paid to any officer ordinarily entitled thereto in addition to reimbursement of any travelling, transfer or relieving expenses or camping allowance. (h) Where an officer whose headquarters is located in a district in respect of which no allowance is prescribed in Schedule D to this Award, is required to travel or temporarily reside for any period in excess of one month in any district or districts in respect of which such allowance is so payable, then notwithstanding the officer's entitlement to any such allowance provided by Clause 5.—Travelling Allowance, Clause 9.—Relieving Allowance, Clause 13.—Sea Going Allowance and Clause 15.—Camping Allowance of this award the officer shall be paid for the whole of such a period a district allowance at the appropriate rate prescribed by subclause (l)(a), (l)(b) or (l)(c) of this clause, for the district in which the officer spends the greater period of time. (i) When an officer is provided with free board and lodging by the employer or a public authority the allowance shall be reduced to two-thirds of the allowance the officer would ordinarily be entitled to under this clause. (2) Part-Time Officers: An officer who is employed on a part-time basis shall be paid a proportion of the appropriate district allowance payable in accordance with the following formula: Hours worked per Appropriate District fortnight x Allowance 75 j (3) Boundaries: For the purpose of Schedule D of this Award, the boundaries of the various districts shall be as described hereunder and as delineated on the plan in Schedule H to this Award. District: (1) The area within a line commencing on the coast; thence east along latitude 28 to a point north of Tallering Peak, thence due south to Tallering Peak; thence southeast to Mt Gibson and Burracoppin; thence to a point southeast at the junction of latitude 32 and longitude 119; thence south along longitude 119 to coast. (2) That area within a line commencing on the south coast at longitude 119 then east along the coast to longitude 123; then north along longitude 123 to a point on latitude 30; thence west along latitude 30 to the boundary of No. 1 District. (3) The area within a line commencing on the coast at latitude 26; thence along latitude 26 to longitude 123; thence south along longitude 123 to the boundary of No. 2 District. (4) The area within a line commencing on the coast at latitude 24; thence east to the South Australian border; thence south to the 70 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1735 coast; thence along the coast to longitude 123 thence north to the intersection of latitude 26; thence west along latitude 26 to the coast. (5) That area of the State situated between the latitude 24 and a line running east from Camot Bay to the Northern Territory border. (6) That area of the State north of a line running east from Camot Bay to the Northern Territory border. (4) Adjustment of Rates: The rates expressed in Schedule D to this Award shall be adjusted every 12 months ending on 31 December, in accordance with the official "Consumer Price Index" for Perth as published by the Australian Bureau of Statistics. The adjustment of rates shall be effective from the beginning of the first pay period commencing on or after the 1st day of January each year. 17—Diving and Flying Allowance. (1) An officer who undertakes diving as part of his or her official duties or as a special duty which is sanctioned by the Chief Executive Officer of his or her department shall be paid an allowance of $3.70 an hour or any part of an hour for such diving. This allowance shall be in addition to any other payment for duties performed. Provided that such allowance shall be paid only to an officer engaged on diving when self-contained underwater breathing apparatus or deep sea diving equipment is used. (2) An officer who in the course of his or her official duties is required to fly in an aircraft other than those used in public air services, shall be paid an allowance as follows: (a) Observation and photographic duties, $6.80 per hour or part thereof, (b) Cloud seeding and fire bombing duties, observation and photographic duties involving operations at heights of less than 304 metres or in unpressurised aircraft at heights of more than 3 048 metres, $9.40 per hour or part thereof. (c) When required to fly in a helicopter on stock surveillance including vermin shoot, $13.00 per hour or part thereof. 18.—Higher Duties Allowance. (1) Subject to subclause (2) of this clause, an officer who is directed by the Chief Executive Officer to act in an office which is classified higher than the officer's own substantive office and who performs the full duties and accepts the full responsibility of the higher office for a continuous period of five consecutive working days or more, shall, subject to the provisions of this clause, be paid an allowance equal to the difference between the officer's own salary and the salary the officer would receive if the officer was permanently appointed to the office in which the officer is so directed to act. Provided that where the hours of duty of an officer performing shift work are greater than IV2 hours per day as provided for in Clause 22(l)(a) of this award the allowance shall be payable after the completion of 37V2 consecutive working hours in the higher classified position. This period shall not include any time worked as overtime. (2) Where a relieving officer classified above level 1 acts in an office or offices classified one level higher than his/her own for a continuous period exceeding four weeks, the officer shall be paid a higher duties allowance as prescribed in subclause (1) of this clause for all that part of such period in excess of four weeks. (3) Where a relieving officer classified above level 1 acts in an office classified two or more levels higher than the officer's own, the officer shall be paid a higher duties allowance as prescribed in subclause (1) of this clause. (4) Where the full duties of a higher office are temporarily performed by two or more officers they shall each be paid an allowance as determined by the Chief Executive Officer. (5) An officer who is directed to act in a higher classified office but who is not required to carry out the full duties of the position and/or accept the full responsibilities, shall be paid such proportion of the allowance provided for in subclause (1) as the duties and responsibilities performed bear to the full duties and responsibilities of the higher office. Provided that the officer shall be informed, prior to the commencement of acting in the higher classified office, of the duties to be carried out, the responsibilities to be accepted and the allowance to be paid. The allowance paid may be adjusted during the period of higher duties. (6) Where an officer who has qualified for payment of higher duties allowance under this clause is required to act in another office or other offices classified higher than the officer's own for periods less than five consecu- tive working days without any break in acting service, such officer shall be paid a higher duties allowance for such periods: provided that payment shall be made at the highest rate the officer has been paid during the term of continuous acting or at the rate applicable to the office in which the officer is currently acting — whichever is the lesser. (7) Where an officer is directed to act in an office which has an incremental range of salaries such an officer shall be entitled to receive an increase in the higher duties allowance equivalent to the annual increment the officer would have received had the officer been permanently appointed to such office; provided that acting service with allowances for acting in offices for the same classification or higher than the office during the 18 months preceding the commence- ment of such acting shall aggregate as qualifying service towards such an increase in the allowance. (8) Where an officer who is in receipt of an allowance granted under this clause and has been so for a con- tinuous period of 12 months or more, proceeds on — (a) a period of normal annual leave; or (b) a period of any other approved leave of absence of not more than four weeks, the officer shall continue to receive the allowance for the period of leave: provided that this subclause shall also apply to an officer who has been in receipt of an allowance for less than 12 months if during the officer's absence no other officer acts in the office in which the officer was acting immediately prior to proceeding on leave and the officer resumes in the office immediately on return from leave. For the purpose of this subclause the expression "normal annual leave" shall mean the annual period of recreation leave as referred to in section 59(4) of the Public Service Act 1978 and shall include any public service holidays and leave in lieu accrued during the preceding 12 months taken in conjunction with such annual recreation leave. (9) Where an officer who is in receipt of an allowance granted under this clause proceeds on — (a) a period of annual leave in excess of the normal; or 1736 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70W.A.LG. (b) a period of any other approved leave of absence of more than four weeks, such officer shall not be entitled to receive payment of such allowance for the whole or any part of the period of such leave. 19.—Motor Vehicle Allowance. (1) Allowance for officers required to supply and maintain a vehicle as a term of employment: (a) An officer who is required to supply and main- tain a motor vehicle for use when travelling on official business as a term of employment shall be reimbursed in accordance with the appropriate rates set out in Schedule E for journeys travelled on official business and approved by the Chief Executive Officer. (b) An officer who is reimbursed under the pro- visions of subclause (l)(a) will also be subject to the following conditions:— (i) For the purposes of subclause (1) an officer shall be reimbursed with the appropriate rates set out in Schedule E for the distance travelled from the officer's residence to the place of duty and for the return distance travelled from place of duty to residence except on a day where the officer travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day. (ii) Where an officer in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in Schedule E. (iii) Where an officer does not travel in excess of 4 000 kilometres in a year an allowance calculated by multiplying the appropriate rate per kilometre by the difference between the actual distance travelled and 4 000 kilometres shall be paid to the officer provided that where the officer has less than 12 months qualifying service in the year then the 4 000 kilometre distance will be reduced on a pro rata basis and the allowance calculated accordingly. (iv) Where a part-time officer is eligible for the payment of an allowance under subparagraph (iii) such allowance shall be calculated on the proportion of total hours worked in that year by the officer to the annual standard hours had the officer been employed on a full- time basis for the year. (v) An officer who is required to supply and maintain a motor vehicle for use on official business is excused from this obligation in the event of his/her vehicle being stolen, consumed by fire, or suffering a major and unforeseen mechanical breakdown or accident, in which case all entitlement to reimbursement ceases while the officer is unable to provide the motor vehicle or a replacement. (vi) The Chief Executive Officer may elect to waive the requirement that an officer supply and maintain a motor vehicle for use on official business, but three months written notice of the intention so to do shall be given to the officer concerned. (2) Allowance for officers relieving officers subject to subclause (1) of this clause. (a) An officer not required to supply and maintain a motor vehicle as a term of employment who is required to relieve an officer required to supply and maintain a motor vehicle as a term of employment shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in Schedule E for all journeys travelled on official business and approved by the Chief Executive Officer where the officer is required to use his/her vehicle on official business whilst carrying out the relief duties. (b) For the purposes of subclause (2)(a) an officer shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in Schedule E for the distance travelled from the officer's residence to place of duty and the return distance travelled from place of duty to residence except on a day where the officer travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day. (c) Where an officer in the course of a journey travels through two or more separate areas, reimbursement shall be made at the approp- riate rate applicable to each of the areas traversed as set out in Schedule E. (d) For the purpose of this subclause the allow- ance provided in subclauses (l)(b)(iii) and (iv) shall not apply. (3) Allowance for other officers using vehicle on official business. (a) An officer who is not required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment, but when requested by the Chief Executive Officer voluntarily consents to use the vehicle shall for journeys travelled on official business approved by the Chief Executive Officer be reimbursed all expenses incurred in accordance with the appropriate rates set out in Schedules F and G. (b) For the purpose of subclause (3)(a) an officer shall not be entitled to reimbursement for any expenses incurred in respect to the distance between the officer's residence and headquarters and the return distance from headquarters to residence. (c) Where an officer in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate if applicable to each of the areas traversed as set out in Schedule F. (4) Allowance for towing Departmental caravan or trailer: In cases where officers are required to tow departmental caravans on official business, the additional rate shall be three cents per kilometre. When departmental trailers are towed on official business the additional rate shall be two cents per kilometre. (5) Special Conditions: Notwithstanding the provisions of Clause 25 of this Award where the cost of vehicles and petrol increase or decrease such that a corresponding increase or decrease in the allowance provided for a vehicle over 1600cc in the metropolitan area would amount to 0.1 of a cent or greater then the parties agree that the allowance shall be increased or decreased accordingly. 70 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1737 20.—Overtime Allowance. (1) (a) All work performed by direction of the Chief Executive Officer — (i) before or after the prescribed hours of duty on a weekday; (ii) on a Saturday, Sunday or public service holiday, otherwise than during prescribed hours of duty, shall be deemed as overtime and, subject to the provisions of this Award, shall be paid for at the hourly rate prescribed by paragraph (b) of this subclause. (b) (i) Payment for overtime shall be calculated on an hourly basis in accordance with the following formula — Weekdays: For the first three hours on any one week day — Fortnightly Salary x 3 75 T After the first three hours on any one week day — Fortnightly Salary x 2 75 T Saturdays: First three hours on any Saturday — Fortnightly Salary x 3 — y After the first three hours or after 12 noon, whichever is the earlier, on any Saturday — Fortnightly Salary x 2 75 T Sundays: Fortnightly Salary x 2 75 T Public Service Holidays: During prescribed hours of duty — Fortnightly Salary x 3 75 T in addition to the normal day's pay. During hours outside the prescribed hours of duty — Fortnightly Salary x 5 — — (ii) For the purpose of this subclause "fortnightly salary" shall not include any district allowance, personal allowance, qualifications allowance, efficiency allowance, service allowance, special allowance or higher duties allowance, unless otherwise approved by the Chief Executive Officer. Provided that special allowance or higher duties allowance shall be included in "fortnightly salary" when overtime is worked on duties for which these allow- ances are specifically paid. (c) Where an officer so elects in writing, time off in lieu of payment may be granted by the Chief Executive Officer such time off in lieu to be determined on an hourly basis by dividing the normal hourly rate of pay into the amount to which the officer would otherwise be entitled at the prescribed rate in accordance with paragraph (b) of this subclause. (d) Any commuted allowance and/or time off in lieu of overtime, other than that provided in paragraph (c) of this subclause, shall be negotiated only between the Association and the Chief Executive Officer. (e) No claim for payment or time off in lieu under the provisions of this clause shall be allowed in respect of any day on which the additional time worked amounts to less than 30 minutes. (f) (i) An officer, having received prior notice, required to return to duty — (aa) on a Saturday, Sunday or public service holiday, otherwise than during prescribed hours of duty, shall be entitled to payment at the rate in accordance with paragraph (b) of this subclause for a minimum of three hours; (bb) before or after the prescribed hours of duty on a weekday shall be entitled to payment at the rate in accordance with paragraph (b) of this clause for a minimum period of 1 Va hours; (ii) For the purpose of this subclause, where an officer is required to return to duty more than once, each duty period shall stand alone in respect to the application of minimum period payment except where the second or subsequent return to duty is within any such minimum period. (g) The provisions of paragraph (f) of this subclause shall not apply in cases where it is customary for an officer to return to the place of employment to perform a specific job outside the prescribed hours of duty, or where the overtime is continuous (subject to a meal break) with the completion or commencement of prescribed hours of duty. (h) When an officer is directed to work overtime at a place other than usual headquarters, and provided that place where the overtime is to be worked is situated in the area within a radius of 50 kilometres from usual headquarters, and the time spent in travelling to and from that place is in excess of the time which an officer would ordinarily spend in travelling to and from usual headquarters, and provided such travel is undertaken on the same day as the overtime is worked, then such excess time shall be deemed to form part of the overtime worked. (i) Except as provided in subclauses (3)(e) and (4)(b), when an officer is directed to work overtime at a place other than usual headquarters, and provided that place where the overtime is to be worked is situated outside the area within a radius of 50 kilometres from usual headquarters and the time spent in travelling to and from that place is in excess of the time which an officer would ordinarily spend in travelling to and from usual headquarters, then the officer shall be granted time off in lieu of such excess time spent in actual travel in accordance with subclause (5) Excess Travelling Time. (j) Except as provided in paragraph (k) of this subclause, payment for overtime, or the granting of time off in lieu of overtime, or travelling time, shall not be approved in the following cases — (i) officers whose maximum salary or maximum salary and allowance in the nature of salary exceeds that as determined for Level 5 as prescribed by Clauses 6 and 7 of the Public Service Salaries Agreement 1985 No. PSA AGS of 1985. (ii) Officers whose work is not subject to close supervision. 1738 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70 W.A.I.G. (k) (i) Notwithstanding the provisions of para- graph (j) of this subclause, where from the nature of the duties required or from other relevant circumstances it appears just and reasonable, any such officer as is referred to in that subclause shall, with the approval of the Chief Executive Officer, be paid over- time or granted time off in lieu as prescribed by paragraphs (b) or (c) respectively of this subclause; and where in any such case the Chief Executive Officer declines to give such approval a dispute shall be deemed to have arisen. (ii) When an officer not subject to close supervision is directed by the Chief Executive Officer to carry out specific duties involving the working of overtime, and provided such overtime can be reasonably determined, then such officer shall be entitled to payment or time off in lieu of overtime worked in accordance with paragraph (b) or paragraph (c) of this subclause. (1) (i) Where an officer performs overtime duty after the time at which normal hours of duty end on one day and before the time at which normal hours of duty are to commence on the next succeeding day which results in the officer not being off duty between these times for a continuous period of not less than 10 hours, the officer shall be entitled to be absent from duty without loss of salary, until from the time the officer ceased to perform overtime duty the officer has been off duty for a continuous period of 10 hours. (ii) Provided that where an officer is required to return to or continue work without the break provided in subparagraph (i) of this subclause, then the officer shall be paid at double the ordinary rate until released from duty, or until the officer has had 10 con- secutive hours off duty without loss of salary for ordinary working time occurring during such absence. (iii) The provisions of paragraphs (i) and (ii) of this subclause shall not apply to officers included in subclause (3). (m) Where an officer is required to work a continuous period of overtime which extends past midnight into the succeeding day the time worked after midnight shall be included with that worked before midnight for the purpose of calculation of payment provided for in paragraph (b) of this subclause. (2) Meal Allowances. (a) A break of 30 minutes shall be made for meals between 12 noon and 2.00 p.m. and between 4.30 p.m. and 6.30 p.m. when overtime duty is being performed. Except in the case of emergency, an officer shall not be compelled to work more than five hours overtime duty without a meal break. At the conclusion of a meal break the calculation of the five hour limit recommences. (b) An officer required to work overtime who purchases a meal shall be reimbursed for each meal purchased at the rate of $5.25 for a morning meal, $6.50 for a midday meal, and $7.80 for an evening meal. Provided that the overtime worked when such a meal is purchased totals not less than two hours, such reimbursement shall be in addition to any payment for overtime to which he/she is entitled. (c) If an officer, having received prior notification of a requirement to work overtime, is no longer required, then the officer shall be entitled, in addition to any other penalty, to reimbursement for a meal previously purchased. (3) On Call. (a) An officer who is authorised by the Chief Executive Officer to hold themself on call during the officer's period off duty shall be paid an allowance in accordance with the following formula for each hour or part thereof they are on call. Level 2/4 Laboratory Technologist Minimum x 1 x 18.75 _ ^41 37.5 100 Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is made in accordance with the provisions of subclause (1), of this clause when the worker is recalled to work. (b) For the purpose of this clause "on call" shall mean an instruction to an officer to remain at his or her place of residence or otherwise to hold himself available for immediate contact in case of an emergency call out requiring the performance of duties either at that residence or away from such place of residence. (c) Where an officer is required to be on call the department shall supply a telephone and pay all connection and disconnection charges and annual rental charges. If the officer so required to be on call already has a telephone connected, the department shall pay all rental charges. (d) Where an officer, rostered for "on call" duty is recalled for duty during the period for which the officer is on call, then the officer shall receive payment for hours worked in accordance with subclause (l)(b). The "on call" allowance is paid in addition to any overtime paid in these circumstances. (e) Time spent in travelling to and from the place of duty, where the officer rostered on call is actually recalled to duty, shall be included with actual duty performed for the purpose of overtime payment. (f) The limitations of subclause (l)(j) shall not apply to officers rostered "on call". Officers rested "on call" shall receive payment calculated on the basis of the officer's classification and salary. (g) Minimum payment provisions do not apply to an officer rostered for "on call" duty. (h) An officer in receipt of "on call" allowance and who is recalled to duty shall not be regarded as having performed emergency duty in accordance with subclause (4). (4) Emergency Duty. (a) (i) Where an officer is called on duty to meet an emergency at a time when he or she would not ordinarily have been on duty, and no notice of such call was given prior to completion of usual duty on the last day of work prior to the day on which called on duty, then if called to duty — (aa) on a Saturday, Sunday or public service holiday, otherwise than during prescribed hours of duty he/she shall be entitled to pay- 70 W.A.I.G. 1739 ment at the rate in accordance with subclause (l)(b) for a minimum period of three hours; (bb) before or after the prescribed hours of duty on a week day he/ she shall be entitled to payment at the rate in accordance with subclause (l)(b) for a minimum period of 2 1/2 hours. (ii) For the purpose of this clause, where an officer is recalled more than once, each period of emergency duty shall stand alone in respect to the application of the minimum period payment, subject to paragraph (c) of this subclause. (b) Time spent in travelling to and from the place of duty where the officer is actually recalled to perform emergency duty shall be included with actual duty performed for the purpose of overtime payment. (c) An officer recalled to work to perform emergency duty shall not be obliged to work for the minimum period if the work is completed in less time, provided that an officer called out more than once within any such minimum period shall not be entitled to any further payment for the time worked within that minimum period. (5) Excess Travelling Time: An officer eligible for payment of overtime in accordance with subclause (l)(j)(i), who is required to travel on official business outside normal working hours and away from usual headquarters shall be granted time off in lieu of such actual time spent in travelling at equivalent or ordinary rates on week days and at time and one-half on Saturdays, Sundays and public service holidays, otherwise than during prescribed hours of duty, provided that — (a) such travel is undertaken at the direction of the Chief Executive Officer; (b) such travel shall not include — (i) time spent in travelling by an officer on duty at a temporary headquarters to the officer's home for weekends for the officer's own convenience; (ii) time spent in travelling by plane between the hours of 11.00 p.m. and 6.00 a.m.; (iii) time spent in travelling by train between the hours of 11.00 p.m. and 6.00 a.m.; (iv) time spent in travelling by ship when meals and accommodation are pro- vided; (v) time spent in travel resulting from the permanent transfer or promotion of an officer to a new location; (vi) time of travelling in which an officer is required by the department to drive, outside ordinary hours of duty, a departmental vehicle or to drive the officer's own motor vehicle involving the payment of mileage allowance, but such time shall be deemed to be over- time and paid in accordance with subclause (l)(b). (c) Time off in lieu will not be granted for periods of less than 30 minutes. (d) Where such travel is undertaken on a normal working day, time off in lieu is granted only for such time spent in travelling before and/or after the usual hours of duty, and where the exigencies of travel compel an officer to travel during the officer's usual lunch interval such additional travelling time is not to be taken into account in computing the number of hours of travelling time due. (e) Where such travel is undertaken on a normal working day, time off in lieu is granted only for such time spent in travelling before and/or after the usual hours of duty which is in excess of the officer's ordinary travelling time. (f) Except as provided in paragraph (b) of this subclause, all time spent in actual travel on Saturdays, Sundays and public service holidays otherwise than during prescribed hours of duty, shall be deemed to be excess travelling time. (g) In the case of an officer absent from usual headquarters, not involving an overnight stay, the time spent by the officer, outside the prescribed hours of duty, in waiting between the time of arrival at place of duty and the time of commencing duty, and between the time of ceasing duty and the time of departure by the first available transport shall be deemed to be excess travelling time. (6) Special Conditions. (a) Leave is reserved to the Association to apply to the Public Service Arbitrator in respect of a specific occupational group covered by the provisions of this Award. (b) Any group of officers whose duties necessarily entail special conditions of employment shall not be subject to the prescribed hours of duty as defined in Clause 4.—Definitions of this Award if the Chief Executive Officer so determines. Provided, however, that such a determination shall not abrogate the right of the Association to make a claim or claims on behalf of such a group. 21.—Property Allowance. (1) When an officer is transferred from one locality to another in the public interest or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the officer has no control, the officer shall be entitled to be paid a property allowance for reimbursement of expenses incurred by the officer — (a) In the sale of a residence in the officer's former locality, which, at the date on which the officer received notice of transfer to a new locality:— (i) the officer owned and occupied; or (ii) the officer was purchasing under a contract of sale providing for vacant possession; or (iii) the officer was constructing for the officer's own permanent occupation, on completion of construction; and (b) In the purchase of a residence or land for the purpose of erecting a residence thereon for the officer's own permanent occupation in the new locality. (2) An officer shall be reimbursed such following expenses as are incurred in relation to the sale of a residence: (a) If the officer engaged an agent to sell the residence on the officer's behalf— 50 per cent of the amount of the commission paid to the agent in respect of the sale of the residence; 1740 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70 W.A.I.G. (b) if a solicitor was engaged to act for the officer in connection with the sale of the residence — the amount of the professional costs and dis- bursements necessarily incurred and paid to the solicitor in respect of the sale of the residence; (c) if the land on which the residence is created was subject to a first mortgage and that mortgage was discharged on the sale, then an officer shall, if, in a case where a solicitor acted for the mortgagee in respect of the discharge of the mortgage and the officer is required to pay the amount of professional costs and dis- bursements necessarily incurred by the mortgagee in respect of the discharge of the mortgage — the amount so paid by the officer; (d) if the officer did not engage an agent to sell the residence on his or her behalf— the amount of the expenses reasonably incurred by the officer in advertising the residence for sale. (3) An officer shall be reimbursed such following expenses as are incurred in relation to the purchase of a residence: (a) if a solicitor or settlement agent was engaged to act for the officer in connection with the purchase of the residence — the amount of the professional costs and disbursements necessarily incurred are paid to the solicitor or settlement agent in respect of the purchase of the residence; (b) if the officer mortgaged the land on which the residence was erected in conjunction with the purchase of the residence, then an officer shall, if, in a case where a solicitor acted for the mortgagee and the officer is required to pay and has paid the amount of the professional costs and disbursements (including valuation fees but not a procuration fee payable in connection with the mortgage) necessarily incurred by the mortgagee in respect of the mortgage — the amount so paid by the officer; (c) if the officer did not engage a solicitor or settlement agent to act for the officer in connection with the purchase or such a mortgage — the amount of the expenses reasonably incurred by the officer in connection with the purchase or the mortgage, as the case may be, other than a procuration fee paid by the officer in connection with the mortgage. (4) An officer is not entitled to be paid a property allowance under subclause (l)(b) unless the officer is entitled to be paid a property allowance under subclause (l)(a), provided that the Chief Executive Officer may approve the payment of a property allow- ance under subclause (l)(b) to an officer who is not entitled to be paid a property allowance under subclause (l)(a) if the Chief Executive Officer is satisfied that it was necessary for the officer to purchase a residence or land for the purpose of erecting a residence thereon in the officer's new locality because of the officer's transfer from the former locality. (5) For the purpose of this Award it is immaterial that the ownership, sale or purchase is carried out on behalf of an officer who owns solely, jointly or in common with:— (a) the officer's spouse, or (b) a dependent relative, or (c) the officer's spouse and a dependent relative. (6) Where an officer sells or purchases a residence jointly or in common with another person — not being a person referred to in subclause (5) — the officer shall be paid only the proportion of the expenses for which the officer is responsible. (7) An application by an officer for a property allowance shall be accompanied by evidence of the payment by the officer of the expenses, being evidence that is satisfactory to the Chief Executive Officer. (8) Notwithstanding the foregoing provisions, an officer is not entitled to the payment of a property allowance — (a) In respect of a sale or purchase prescribed in subclause (1) which is effected — (i) more than 12 months after the date on which the officer took up duty in the new locality; or (ii) after the date on which the officer received notification of being transferred back to the former locality; Provided that the Chief Executive Officer may, in exceptional circumstances, grant an extension of time for such period as is deemed reasonable. (b) Where the officer is transferred from one locality to another solely at the officer's own request or on account of misconduct. 22.—Shift Work Allowance. (1) (a) An officer required to work an afternoon or night shift of IVz hours shall, in addition to the ordinary rate of salary, be paid an allowance of $11.00 for each afternoon or night shift worked. (b) Work performed during ordinary rostered hours on Saturdays or Sundays shall be paid for at the rate of time and one-half and on public service holidays at double time and one-half. These rates shall be paid in lieu of the allowance prescribed in subclause (l)(a) of this clause. Provided that in lieu of the foregoing provisions of this subclause and subject to agreement between the Chief Executive Officer and the officer, work performed during ordinary rostered hours on a public service holiday shall be paid for at the rate of time and one-half and the officer may, in addition be allowed a day's leave with pay to be added to annual leave or to be taken at some other time within a period of one year. (c) An officer rostered off duty on a public service holiday shall be paid at ordinary rates for such day or, subject to agreement between the Chief Executive Officer and the officer, be allowed a day's leave with pay in lieu of the holiday to be added to the officer's next annual eave entitlement or taken at a mutually convenient time within a period of one year. (d) An officer engaged on shift work who is rostered to work regularly on Sundays and/or public service holidays shall be entitled to one week's leave in addition to the officer's normal entitlement to annual leave of absence for recreation. (e) Additional leave provided by paragraphs (b) and (c) of this subclause shall not be subject to the annual leave loading prescribed by Clause 14 of this award. (f) Work performed by an officer in excess of the ordinary hours of the officer's shift or on a rostered day off shall be paid for in accordance with the overtime provisions of Clause 20 of this award. (g) (i) When an officer begins or ceases a shift between the hours of 11.00 p.m. and 7.00 a.m. and no public transport is available. 70 W.A.I.G. reimbursement at the appropriate rate of hire prescribed by Clause 19(3) of this award shall be made if the officer's private motor vehicle or cycle is used for the journey between the officer's residence and head- quarters and the return journey. Provided, however, that any officer who, on or after 30 October 1987, elects to be permanently retained on a fixed or non- rotating shift that begins or ceases between or on the hours of 11.00 p.m. and 7.00 a.m. shall not be eligible to claim this reimbursement. (ii) The provisions of this subclause shall only apply to officers working within a radius of 50 kilometres of the Perth Central Railway Station. (2) Hours of Duty and Rosters. (a) An officer engaged on shifts shall work a 75 hour fortnight, exclusive of meal intervals, on the basis of not more than 10 shifts per fortnight of not more than IV2 hours' duration. Provided that where agreement is reached between the Chief Executive Officer and the Association the length and/or number of shifts worked per fortnight may be altered. Provided that when the agreed length of a shift is extended past IV2 hours, overtime shall be payable only for time worked in excess of the rostered shift. Provided also that whenever an agreed alteration to the number of hours per shift has occurred then the allowance per shift shall be varied on a pro rata basis to reflect any variation to other than IVz hours. (b) Meal breaks shall be for a period of at least 30 minutes, but not greater than one hour for each meal. (c) Officers may be rostered to work on any of the seven day s of the week provided that no officer shall be rostered for more than six consecutive days. Provided that where agreement is reached between the Chief Executive Officer and the Association, shift workers may be exempted from this provision. (d) The roster period shall commence at the beginning of a pay period and continue for 14 consecutive days. Rosters shall be available to officers at least five clear working days prior to the commencement of the roster. (e) A roster may only be altered on account of a contingency which the Chief Executive Officer could not have been reasonably expected to foresee. When a roster is altered, the officer concerned shall be notified of the changed shift 24 hours before the changed shift commences. Provided that where such notice is not given, the officer shall be paid overtime in accordance with Clause 20.— Overtime for the duration of the changed shift. This provision shall not apply to an officer who was absent from duty on the officer's last rostered shift. (f) An officer shall not be rostered for duty until at least 10 hours have elapsed from the time the officer's previous rostered shift ended. (g) An officer shall not be retained permanently on one shift unless the officer so elects in writing. (h) Officers shall be allowed to exchange shifts or days off with other officers provided the approval of the Chief Executive Officer has been obtained and provided further that any excess hours worked shall not involve the payment of overtime. 23.—Special Conditions. Nothing in this Award shall be construed so as to take away from the Association the right to make a claim in respect of a specific occupational group covered by this Award. 24.—Copies of Award. Every officer shall be entitled to have access to a copy of this Award. Sufficient copies shall be available in each department for this purpose. 25.—Term of Award. This Award shall operate as from and including the day of 1989. Schedule A — Travelling, Transfer and Relieving Allowance. As from 1 September 1989. Column A Column B Column C Item Particulars Daily Rate Daily Rate Daily Rate Officers with Officers with- Dependants: out Depend- Relieving ants: Relieving Allowance Allowance for period for period in excess of in excess of 42 days 42 days [Subclause [Subclause (9)(bXii)] (9)(b)(ii)] Transfer Allowance for period in excess of prescribed period [Subclause (6)(b)i Allowance to meet Incidental Expenses. S S S 0) WA — South of 26 5,55 degrees South Latitude (2) WA — North of 26 8.25 degrees South Latitude (3) Interstate 8.25 Accommodation involving an Overnight Stay in a Hotel or Motel. (4) WA — Metropolitan Hotel or Motel 100.60 50.30 33.50 (5) Locality South of 26 degrees South Latitude 79.35 39.65 26.45 (6) Locality North of 26 degrees South Latitude: Broome 130.25 65.10 43.40 Carnarvon 96.25 48.10 42.10 Dampier 146.25 73.10 48.75 Derby 112.25 56.10 37.40 Exmouth 111.25 55.60 37.10 Fitzroy Crossing 100.25 50.10 33.40 Gascoyne Junction 7425 37.10 24.75 Halls Creek 110.25 55.10 36.75 Karratha 164.25 82.10 54.75 Kununurra 119.25 59.60 39.75 Marble Bar 108.25 54.10 36.10 Newman 159.25 79.60 53.10 Nullagine 85.25 42.60 28.40 Onslow 109.25 54.60 36.40 Pannawonica 121.25 60.60 40.40 Paraburdoo 150.25 78.10 52.10 Port Hedland 146.25 73.10 48.75 Roebourne 102.25 51.10 34.10 Sandfire 80.25 40.10 26.75 Shark Bay 96.25 48.10 32.10 Tom Price 156.25 78.10 52.10 Wickham 133.25 66.60 44.40 Wyndham 118.25 59.10 39.40 (7) Interstate — Capital City Sydney 150.50 75.25 50.15 Melbourne 136.50 68.25 45.50 Other Capitals 131.65 65.80 43.90 (8) Interstate — Other than Capital City 79.35 39.65 26.45 Column A Daily Rate Daily Rate Daily Rate Officers with Officers with- Dependants: Relieving Allowance for period in excess of 42 days (Subclause (9KbKii)i Transfer Allowance for period in excess of prescribed period (Subclause (6Kb)! out Depend- ants: Relieving Allowance for period in excess of 42 days (Subclause (9)(b)(ii)) Schedule D — District Allowance. (1) Officers without Dependants [Clause 19(l)(a)]: Column IV Rate Allowance to meet incidental Expenses. Accommodation Involving an Overnight Stay at Other than a Hotel or Motel. (9) WA — South of 26 degrees South Latitude 39.75 (10) WA —North of 26 degrees South Latitude 58.10 (11) Interstate 58.10 Travel not Involving an Overnight Stay— (12) WA —South of 26 degrees South Latitude Breakfast 8.15 Lunch 8.15 Evening Meal 17.90 (13) WA—North of 26 degrees South Latitude Breakfast 8.70 Lunch 12.40 Evening Meal 28.75 (14) Interstate: Breakfast 8.70 Lunch 12.40 Evening Meal 28.75 Deduction for Normal Living Expenses [Subclause (6)(d)) (15) Each Adult 14.75 (16) Each Child 2.55 Midday Meal [Subclause (5)(j)J (17) Rate per meal 3.55 (18) Maximum reimburse- ment per pay period 17.75 Schedule B — Camping Allowance. As from 1 September 1989. South of, 26 degrees South Latitude. Rate Per Column I Column II Column III Column IV District Standard Exceptions to Rate No. Rate Standard Rate S p.a. Town or Place $ p.a. 6 2 269 Nil Nil 5 1 857 Fitzroy Crossing 2499 Halls Creek Turner River Camp Nullagine Liveringa (Camballin) 2 321 Marble Bar Wittenoom Karratha 2 186 Port Hedland 2 034 4 934 Warburton Mission 2 514 Carnarvon 881 3 590 Meekatharra 934 Mount Magnet Wiluna Laverton Leonora Cue 2 492 Kalgooriie 141 Boulder Ravensthorpe 558 Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil (2) Officers with Dependants [Clause 19(l)(b)]: Double the appropriate rate as prescribed in (1) above for officers without dependants. The allowances prescribed in this Schedule shall operate from the beginning of the first pay period commencing on or after 1 January 1989. Schedule E — Motor Vehicle Allowance. As from 1 July 1989. Area and Details Rate per kilometre Engine Displacement (in cubic centimetres) Permanent Camp — Cook provided by the Department Permanent Camp — No cook provided by the Department Other Camping — Cook provided by the Department Other Camping — No cook provided Schedule C — Camping Allowance. As from 1 September 1989. North of 26 degrees South Latitude. Rate Per Day Permanent Camp — Cook provided by the Department 26.20 Permanent Camp — No cook provided by the Department 31.85 Other Camping — Cook provided by the Department 37.50 Other Camping — No cook provided 43.20 Over 1600cc 1600cc 2600cc -2600cc & Under Metropolitan Area First 4 000 kilometres 95.9 83.0 70.6 Over 4 000-8 000 kilometres 40.6 35.4 30.8 Over 8 000-16000 kilometres 22.1 19.5 17.6 Over 16 000 kilometres 23.6 20.7 18.4 South Vvcst Land Division First 4 000 kilometres 97.1 84.3 72.7 Over 4 000-8 000 kilometres 41.2 36.0 31.4 Over 8 000-16 000 kilometres 22.5 19.9 17.9 Over 16000 kilometres 23.9 21.0 18.6 North of 23.5 Degree South Latitude First 4 000 kilometres 109.6 95.7 82.0 Over 4 000-8 000 kilometres 45.6 40.1 35.0 Over 8 000-16 000 kilometres 24.3 21.5 19.3 Over 16000 kilometres 24.8 21.3 18.4 Rest of the State First 4 000 kilometres 101.6 88.1 75.1 Over 4 000-8 000 kilometres 43.0 37.5 32.7 Over 8 000-16 000 kilometres 23.5 20.7 18.6 Over 16000 kilometres 24.9 21.3 19.0 Schedule F — Motor Vehicle Allowance. As from 1 July 1989. Area and Details Rate per kilometre Engine Displacement (in cubic centimetres) Over 1600cc 1600cc 2600cc -2600cc & Under Metropolitan Area 45.2 39.3 34.1 South West Land Division 45.5 40.0 34.7 North of 23.5 degrees South Latitude 50.9 44.7 38.9 Rest of the State 47.9 41.7 36.3 Schedule G — Motor Cycle Allowance. As from 1 July 1989. Distance Travelled During a Year on Official Business Rate Cents per kilometre Rate per kilometre 15.6 1743 Schedule H — District Allowance. WESTERN AUSTRALIA I : WAGES STAFF DISTRICT ALLOWANCE BOUNDARIES rNDIAN OCEAN PORT HeOLAMO (J <KS>.a.K\*<£— ROSSOuR^G PirjRov cno5S««CjSA ru«*<eR RlvgA I O «<t.LS CREEK SA ASVOOS O Res£*RCH STM SB wittenoom SB *-R0t.£ BAR 53 ue€<<'.TKARfiArL3A T juj,ef*i"C ^ «»ex< OORCAR«-T\ I MREEv. YMT. w«.c«eT 3A ^ lyr.cescw INDIAN OCEAN \« ALCOORc«(d SOUTMERK VCROSS I MGRReO'RV-Cf r Q«*Rvet t.OC«2R —'■"f eORR-.CORP'M ^ \ MORTHA«) ^ INARROCIM * ARSURTOV M«SS«0^ 4A. great austr alian bight' WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70 W.A.LG. PUBLIC SEiVICE ARBITRATOR — Awards/Agreements — Variation of — COMMUNITY COLLEGES (SALARIED OFFICERS) AWARD No. A14 of 1983.