GOVERNMENT OFFICERS SALARIES, ALLOWANCES AND CONDITIONS AWARD 1989 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES The Civil Service Association of Western Australia Incorporated APPLICANT -v- Animal Resources Authority, Botanic Gardens and Parks Authority, Building and Construction Industry Training Fund and others RESPONDENTS CORAM PUBLIC SERVICE ARBITRATOR Senior Commissioner S J Kenner DATE THURSDAY, 3 DECEMBER 2020 FILE NO/S P 9 OF 2019 CITATION NO. 2020 WAIRC 00949 Result Award varied Representation Applicant Mr M Finnegan Respondents Ms S Van Der Merwe Order HAVING heard Mr M Finnegan on behalf of the applicant, and Ms S van der Merwe as agent for the respondents, the Arbitrator, pursuant to the powers conferred on him under the Industrial Relations Act 1979 (WA), and by consent, hereby orders – THAT the Government Officers Salaries, Allowances and Conditions Award 1989 be varied in accordance with the following schedule and that such variation shall have effect on and from 1 January 2021. Senior Commissioner S J Kenner PUBLIC SERVICE ARBITRATOR SCHEDULE 1. Clause 2. - Arrangement: Delete this clause and insert the following in lieu thereof: 2. - ARRANGEMENT 1. Title 1B. Minimum Adult Award Wage 2. Arrangement 3. Area of Operation 4. Scope 5. Term of Award 6. Definitions 7. Certificate of Service 8. Contract of Service 9. Part-Time Employment 10. Casual Employment 11. Salaries 12. Salaries - Specified Callings 13. Purchased Leave - 44/52 Salary Arrangement 14. Purchased Leave - Deferred Salary Arrangement 15. Salary Packaging Arrangement 16. Supported Wage 17. Traineeships 18. Annual Increments 19. Higher Duties Allowance 20. Hours 21. Shift Work Allowance 22. Overtime Allowance 23. Annual Leave 24. Public Holidays 25. Long Service Leave 26. Sick Leave 27. Carers Leave 28. Parental Leave 29. Leave Without Pay 30. Study Assistance 31. Short Leave 32. Bereavement Leave 33. Cultural/Ceremonial Leave 34. Blood/Plasma Donors Leave 35. Emergency Service Leave 36. Facilities for Union Representatives 36A. Representation Rights 37. Leave to Attend Association Business 38. Trade Union Training Leave 39. Defence Force Reserves Leave 40. Witness and Jury Service 41. Camping Allowance 42. District Allowance 43. Disturbance Allowance 44. Diving Allowance 45. Flying Allowance 46. Motor Vehicle Allowance 47. Property Allowance 48. Protective Clothing Allowance 49. Relieving Allowance 50. Removal Allowance 51. Sea - Going Allowance 52. Transfer Allowance 53. Travelling Allowance 54. Annual Interstate Allowance 55. Mortuary Allowance 56. Weekend Absence from Residence 57. Preservation of Rights 58. Keeping of and Access to Employment Records 59. Notification of Change 60. Right of Entry and Inspection by Authorised Representatives 61. Copies of Award 62 Access to Information and Resources 63. Establishment of Consultative Mechanisms 64. Dispute Settlement Procedure 65. Expired General Agreement Salaries Schedule A List of Respondents Schedule B Government Officers Not Covered by the Scope of this Award Schedule C List of Awards/Agreements which are replaced by this Award Schedule D Salaries Schedule E Salaries - Specified Callings Schedule F Clause 41. - Camping Allowance Schedule G Clause 42. - District Allowances Schedule H Motor Vehicle Allowance Schedule I Clause 22. – Overtime Allowance Schedule J Travelling, Transfer and Relieving Allowance Schedule K Shiftwork Allowance Schedule L Other Allowances Schedule M Travel Concessions for Annual Leave Schedule N Named Union Party Schedule O Annual Interstate Allowance Rates Schedule P Expired General Agreement Salaries 2. Clause 36. - Union Facilities for Union Representatives: Delete this clause and insert the following in lieu thereof: 36. - FACILITIES FOR UNION REPRESENTATIVES (1) The employer recognises the rights of the union to organise and represent its members. Union representatives in the employer’s workplaces are employees of the employer and have a legitimate role and function in assisting the union in the tasks of recruitment, organising, communication and representing the individual and collective interests of members in the workplace and union electorate. (2) The employer recognises that, under the union's rules, union representatives are members of an Electorate Delegates Committee representing members within a union electorate. A union electorate may cover more than one employer. (3) The employer will recognise union representatives in the employer’s workplaces and will allow them to carry out their role and functions. (4) The union will advise the employer in writing of the names of the union representatives in the employer’s workplaces. (5) The employer shall recognise the authorisation of each union representative in the employer’s workplaces and shall provide them with the following: (a) Paid time off from normal duties to perform their functions as a union representative such as organising, recruiting, handling individual matters and workplace disputes, collective bargaining, involvement in the electorate delegates committee and to attend union business in accordance with clause 37. - Leave to Attend Association Business of this Award. (b) Access to facilities required for the purpose of carrying out their duties. Facilities may include but not be limited to, the use of filing cabinets, meeting rooms, telephones, fax, email – including broadcast emails – to all officers, internet, a union noticeboard, photocopiers and stationery. Such access to facilities shall not unreasonably affect the employer’s operations and shall be subject to the employer’s Code of Conduct. (c) Paid access to periods of leave for the purpose of attending union training courses in accordance with clause 38. - Trade Union Training Leave of this Award. Regional representatives will be provided with appropriate travel time. (d) Notification of the commencement of new officers, and as part of their induction, time to discuss the benefits of union membership with them. (e) Access to awards, industrial agreements, policies and procedures. (f) The names of any Equal Employment Opportunity and Occupational Health, Safety and Welfare representatives, Grievance Officers and First Aid Officers. (6) The employer recognises it is paramount that union representatives in the workplace are not threatened or disadvantaged in any way as a result of their role as a union representative. 3. Clause 36. – Union Facilities for Union Representatives: Immediately following this clause, insert a new clause “36A. – Representation Rights” as follows: 36A. - REPRESENTATION RIGHTS Officer Entitlement to Representation (1) For the purposes of representation under this clause, significant matters are discipline, performance, officer entitlements, fitness for work and return to work. (2) In respect of significant matters an officer’s right to representation includes advocacy. (3) The employer will recognise the choice of representative made by an officer, which may include a union representative, a union official or an employee of the union. (4) If: (a) a representative nominated by an officer, being an organisation within the meaning of the Industrial Relations Act 1979 (the Act), an employee or officer of such an organisation, a union representative within the meaning of clause 36(2) of this Award, a person registered under section 112A of the Act, an employee or officer of such a person, or a legal practitioner, or (b) an officer, notifies the employer in writing that a representative acts for the officer in relation to a matter and provides the identity and contact details of the representative, the employer must recognise that person’s representational capacity in all future dealings on that matter. (5) The presence of a representative is not necessary at every meeting between an officer and the employer (or a representative of the employer). Where the meeting involves a significant matter the representative shall be permitted to attend. All parties will make reasonable efforts to avoid unnecessary delays. (6) The employer accepts a representative can advocate on behalf of the officer at the meeting. For the purposes of this clause only, an advocate may make comments on the process, ask questions, seek clarification of questions put to the officer, seek adjournments to confer with the officer and provide further comments at the conclusion of the interview, but will not answer questions of fact put to the officer.