Benchmark WA Industrial Relations Case Database

AWARD 1981. Government Officers State Government Administration COMMISSIONER G.L. FIELDING. 29th day of October 1987. Order. HAVING heard Mr S. Home on behalf of the v Mr R.L. Rowton on behalf of the

(1987) 67 WAIG Single Commissioner (WAIRC) 1987-04-24 File: No. 1195 of 1986
Source
Not yet cited by other cases
APPLICANT: AWARD 1981. Government Officers State Government Administration COMMISSIONER G.L. FIELDING. 29th day of October 1987. Order. HAVING heard Mr S. Home on behalf of the
RESPONDENT: Mr R.L. Rowton on behalf of the
This case hasn't been analysed yet.
Generate ratio, outcome, key facts, concept tags and cited-case edges. Takes ~15–30 seconds.
Sign in to analyse

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Concept tags · 3

[P]General Order — rates of pay and minimum conditions (WA s50A) [P]Public Service Appeal Board appeal (historical) [P]Public sector matter (general WAIRC jurisdiction post-PSAB)
Archived text (984 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979 Section 40 — variation of an Award. The Public Service Board and The Civil Service Association of Western Australia Incorporated. No. PSA 2293 of 1987. PUBLIC SERVICE ALLOWANCES (HIGHER DUTIES) AWARD 1981. Government Officers State Government Administration COMMISSIONER G.L. FIELDING. 29th day of October 1987. Order. HAVING heard Mr S. Home on behalf of the Applicant and Mr R.L. Rowton on behalf of the Respondent, the Commission, constituted by the Public Service Arbitrator, pursuant to the powers conferred on it under the Industrial Relations Act 1979, having satisfied itself that the terms of the General Order of the Commission No. 1195 of 1986, dated 24 April 1987, have been com- plied with, and by consent, hereby orders — That the Public Service Allowances (Higher Duties) Award 1981 as amended be further amended in accordance with the following Schedule with effect on and from 30 October 1987. (Sgd.) G.L. FIELDING, [L.S.] Public Service Arbitrator. Schedule. 1. Clause 4.—Higher Duties Allowance: Delete this clause and insert in lieu: 4.—Higher Duties Allowance. (1) Subject to subclause (2) of this clause, an officer who is directed by the permanent head or a duly authorised senior officer to act in an office which is classified higher than the officer's own sub- stantive 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. (2) Where a Relieving Officer classified above level 1 acts in an office or offices classified one level higher than his own for a continuous period exceed- ing 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 Board. (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 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 commencement of so 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 continuous period of 12 months or more, proceeds on — (a) a period of normal annual leave; or 2068 (b) a period of any other approved leave of absence of not more than one calendar month, 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 (b) a period of any other approved leave of absence of more than one calendar month, such officer shall not be entitled to receive payment of such allowance for the whole or any part of the period of such leave. PUBLIC SERVICE CAMPING ALLOWANCE AGREEMENT No. PSA 2 of 1985.