WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. PSA 33 of 1986. Between the Civil Service Association of Western Australia (Inc), Applicant and the Hon Minister for Community Services, Respondent. Order. HAVING heard Mrs J. Drimatis on behalf of the Applicant and Mr J. Flood on behalf of the Respondent, the Commission, constituted by a 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. 261 of 1986, dated 23 July 1986, have been complied with, and by consent, hereby orders — That the Department for Community Welfare Institution Officers Allowances and Conditions Award 1977, No. 3 of 1977 be amended in accordance with the following schedule with effect on and from the 1st day of June 1986. Dated at Perth this 8th day of October 1986. (Sgd.) G.L. FIELDING, [L.S.] Public Service Arbitrator. Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert in lieu thereof: 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Definition. 5. Hours of Duty. 6. Contract of Service. 7. Annual Recreation Leave. 8. Long Service Leave. 9. Sick Leave. 10. Short Leave. 11. Leave Without Pay. 12. Study Leave. 13. Public Service Holidays. 14. Allowances. 15. Car Allowance. 16. Overtime. 17. Copies of Award. 18. Term of Award. Schedule. 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1645 2. Clause 4.—Hours of Duty: Delete this clause and insert in lieu thereof: 4.—Definition. "Accrued Day(s) Off" (ADO's) means the paid day(s) off accruing to an employee resulting from an entitlement to the 38-hour week as prescribed in Clause 5 of this Award. 3. Clause 5.—Contract of Service: Delete this clause and insert in lieu thereof: 5.—Hours of Duty. (1) (a) From 1 June 1986 the ordinary hours of duty shall be an average of 38 per week with the hours actually worked being 160 in any period of 28 days. Such hours shall be worked in not more than 20 shifts in any roster period, and shall where practicable be worked in shifts of eight hours duration. (b) The ordinary hours shall be worked with two hours of each week's work accruing as an entitle- ment to a maximum of 12 Accrued Days Off in each 12 month period. The Accrued Days Off shall be taken as a minimum period of five consecutive days off in conjunction with annual leave or at a time mutually acceptable to the employer and employee. (c) There shall be at least an eight hour break between the finishing time of one shift and the commencement of the following shift. In cases where such a break is not given payment at double the normal rate shall be made until such break is taken. (2) (a) An employer and employee may by agree- ment substitute the Accrued Day Off the employee is to take off for another day in which case the Accrued Day Off shall become an ordinary working day. (b) A roster for Accrued Days Off shall be posted at least four weeks before the time it comes into operation. (c) By agreement between the employer and an officer Accrued Days Off may be rostered for and taken in advance of the due date. (d) Accrued Days Off must be cleared in the calendar year in which they accrue. If, to meet the convenience of the employer, an employee cannot clear Accrued Days Off in the aforementioned calendar year then they shall be cleared in the next succeeding six months. (e) Part-time officers working 16 hours and under per week will not accrue time off, but will be paid for all hours worked. Part-time officers working over 16 hours per week will accrue days off on the same basis as full-time officers, but all benefits therefore will be pro rata in the proportion that the number of hours worked bears to the hours worked by full-time officers. This provision may be renegotiated if job sharing arrangements are intro- duced for Group Workers. (f) Time off will not be accrued whilst officers are on annual leave and long service leave. (g) Trainee Group Workers will not accrue time off whilst on day or block study leave release. Trainee Group Workers on day or study leave release will work a 38 hour week. 4. Clause 6.—Leave of Absence: Delete this clause and insert in lieu thereof: 6.—Contract of Service. (1) (a) No officer shall leave the employ of the Minister until the expiration of one month's written notice of intention so to do without the approval of the Minister. (b) One month's written notice shall be given by the Minister to an officer whose services are no longer required. Provided that the Minister may summarily dismiss an officer deemed guilty of gross misconduct or neglect of duty and the officer shall not be entitled to any notice or payment in lieu. (c) An officer, having attained the age of 55 years, shall be entitled to retire from the employ of the Minister. Every officer shall retire on attaining the age of 65 years. 5. Clause 7.—Allowances: Delete this clause and insert in lieu thereof: 7.—Annual Recreation Leave. (1) (a) Subject to the provision of subclause 2 of this clause, the provisions of the Public Service Act 1978, the Public Service Regulations 1979 and Administrative Instructions made pursuant to section 19 of the said Act relating to Annual Recreation Leave shall apply mutatis mutandis to officers covered by this Award. (b) When an officer proceeds on the first four weeks of any annual leave there will be no accrual towards an Accrued Day Off. Accrual towards an Accrued Day Off will continue during any other period such as the extra week for shift workers. (c) Any annual leave entitlements as at 1 June 1986 shall be adjusted in hours in the ratio of 38 to 40. (2) Each officer shall be entitled to five weeks, being 35 days of duty, annual leave per annum. 6. Clause 8.—Car Allowance: Delete this clause and insert in lieu thereof: 8.—Long Service Leave. (1) The provisions of the Public Service Act 1978, the Public Service Regulations 1979 and Adminis- trative Instructions made pursuant to section 19 of the said Act relating to long service leave shall apply mutatis mutandis to officers covered by this Award. (2) When an officer proceeds on long service leave there will be no accrual towards an Accrued Day Off. Payment for long service leave will continue to be at the ordinary weekly rate. (3) Any long service leave accumulated as at 1 June 1986 shall be adjusted in hours in the ratio of 38 to 40. 7.—Clause 9.—Overtime: Delete this clause and insert in lieu thereof: 9.—Sick Leave. (1) The provisions of the Public Service Act 1978, and Public Service Regulations 1979 and Adminis- trative Instructions made pursuant to section 19 of the said Act relating to sick leave shall apply mutatis mutandis to officers covered by this Award. (2) Paid sick leave cannot be claimed in respect of any time the officer is on an Accrued Day Off. (3) An officer whilst on paid sick leave shall continue to accrue an entitlement to an Accrued Day Off. (4) Whilst on paid sick leave an officer shall receive the wages they would have received had they not proceeded on sick leave and shall have the accrued entitlement to paid sick leave reduced by the time the officer is absent from work on account of paid sick leave. (5) Any sick leave accumulated as at 1 June 1986 shall be adjusted in hours in the ratio of 38 to 40. 8. Clause 10.—Copies of Award: Delete this clause and insert in lieu thereof: 10.—Short Leave. (1) The provisions of the Public Service Act 1978, and Public Service Regulations 1979 and Adminis- trative Instructions made pursuant to section 19 of the said Act relating to short leave shall apply mutatis mutandis to officers covered by this Award. 1646 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.I.G. (2) An officer shall not be entitled to claim payment for short leave on a day when that officer is absent on an Accrued Day Off. An officer whilst on short leave shall continue to accrue an entitlement to an Accrued Day Off. 9. Clause 11.—Term of Award: Delete this clause and insert in lieu the following new clauses: 11.—Leave Without Pay. (1) The provisions of the Public Service Act 1978, and Public Service Regulations 1979 and Adminis- trative Instructions made pursuant to section 19 of the said Act relating to leave without pay shall apply mutatis mutandis to officers covered by this Award provided that: (a) An officer who is absent on any form of leave without pay for less than a total of five days in any 12 month work cycle shall not have payment reduced when proceed- ing on Accrued Days Off. (b) An officer who is absent on any form of leave without pay for a total of five days or more in any 12 month work cycle will have such period of leave added to the work cycle. 12.—Study Leave. (1) The provisions of the Public Service Act 1979, and Public Service Regulations 1979 and Adminis- trative Instructions made pursuant to section 19 of the said Act relating to study leave shall apply mutatis mutandis to officers covered by this Award. (2) When an officer proceeds on study leave there will be an accrual towards an Accrued Day Off. 13.—Public Service Holidays. (1) The provisions of the Public Service Act 1978, and Public Service Regulations 1979 and Adminis- trative Instructions made pursuant to section 19 of the said Act relating to Public Service Holidays shall apply mutatis mutandis to officers covered by this Award. (2) An officer whilst on a public holiday pre- scribed by the Award shall continue to accrue an entitlement to an Accrued Day Off. When any of the days observed as a public holiday fall on a day when an officer is on an Accrued Day Off the officer shall be allowed to take a day's holiday in lieu of the holiday on a day immediately following the officer's annual leave or at a time mutually acceptable to the employer and the officer. 14.—Allowances. (1) (a) Subject to the provisions of this Award, the Agreements and Awards listed in subclause (b) hereunder and any amendments thereto including replacement, shall be deemed to have been made between the parties to this Award and shall apply mutatis mutandis. (b) (i) Public Service Miscellaneous Allowances Award 1976, No. 17 of 1976; (ii) Public Service Motor Vehicle Allowances Award 1976, No. 13 of 1976; (hi) Public Service Allowances (District) Agreement 1973, No. 5 of 1973; as amended; (iv) Public Service Property Allowance Award 1975, No. 16 of 1975; as varied; (v) Public Service Allowances (Higher Duties) Agreement 1975, No. 2 of 1975, provided that an officer who acts in a higher office for five or more consecutive attendances on duty shall also qualify to be paid a higher duties allowance. 15.—Car Allowance. Where 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 an officer shall be reimbursed the appropriate rate prescribed by the Award mentioned in paragraph (ii) of subclause (1) (b) of Clause 14, if their own motor vehicle or motor cycle is used for the journey between the officer's residence and headquarters. 16.—Overtime. (1) Except as provided in subclauses (2) and (4) provisions of the Public Service Overtime Agree- ment 1973, No. 9 of 1973 as amended shall apply mutatis mutandis to officers covered by this Award. (2) The provisions of Clause 5 of the Public Service Overtime Agreement 1973, No. 9 of 1973 do not apply to rostered officers. Overtime for these officers will be paid for at the following rates:— (a) Monday to Saturday — All time worked outside of or in excess of the ordinary working hours or on a shift other than a rostered shift shall be paid for at the rate of time and one half for the first three hours and double time thereafter. (b) Sundays — All time worked outside of or in excess of the ordinary working hours or on a shift other than a rostered shift shall be paid for at a rate of double the ordinary rate. (c) Public Holidays — All time worked outside of or in excess of the ordinary working hours or on a shift other than a rostered shift shall be paid for at a rate of double time and one half the ordinary rate. (3) An officer who reports for duty at the rostered time for either a normal or overtime shift and is advised that the commencing time for such duty has altered since he was last on duty, or the duty is not required shall be paid a minimum of two hours at the rate applicable for that duty, but this shall not apply to an officer who was absent from duty on his last rostered shift. (4) Overtime payments shall not apply until after eight hours have been worked that day or more than 160 hours have been worked in each 28 day period. 17.—Copies of Award. Every Government Officer covered by this Award shall be entitled to have access to a copy of this Award and those Agreements and Awards listed in Clause 14. Sufficient copies shall be made available by the Respondent in each Institution. 18.—Term of Award. This Award shall operate as from and including the first day of July 1976 and shall remain in force for a period of three years. Schedule. Memorandum of Agreement. The following provisions relating to the implementa- tion of the 38-hour week are agreed between the parties. (1) Termination. (a) An employee subject to the provisions of subclause (1) of Clause 5.—Hours of Duty, who has not taken any Accrured Days Off accumulated during a work cycle in which employment is terminated shall be paid the total of hours accumulated towards the Accrued Day Off for which payment has not already been made for periods of two weeks or over provided that payment shall be made for completed weeks only. (b) An employee who has taken any Accrued Days Off during a work cycle in which employment is terminated shall have the wages due on termination reduced by the total days for which payment has already been made but for which the employee had no entitlement toward those Accrued Days Off. 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. (2) Workers' Compensation. (a) Where an employee is on Workers' Compensa- tion for periods less than a total of 20 consecutive work days in a 12 monthly work cycle such employee will accrue towards and be paid for the succeeding Accrued Days Off following such absence. (b) Where an employee is on Workers' Compensation for periods greater than a total of 20 consecutive days in a 12 month work cycle such employees will have the period of Workers' Compensation added to the work cycle. (c) Where an employee is on Workers' Compensa- tion for periods greater than 20 consecutive work days and an Accrued Day Off as pre- scribed in subclause (1) of Clause 5.—Hours of Duty falls within the period the employee shall be re-rostered for another Accrued Day Off on completion of the 20 week work cycle following such absence. (3) Trade Offs. (a) Payment of Wages into Bank Account: Payment of wages, by arrangement between the employer and an employee shall be paid into the employee's bank account or in any other financial institution's account. Cheque payments may be substituted for the payment of wages in cases of genuine hardship. (b) Beverage Charges: Where staff consume morning or afternoon beverages a charge of 50 cents per week will be made. The charge will be reviewed in relation to the annual movement in the CPI as at 31 December each year. (c) Meal Break Provision. (i) the practice that applies as at 1 February 1985 in certain areas of Institution Officers not claiming their meal break during shifts is to continue; (ii) the practice prescribed in paragraph (1) above will continue to apply only to employees in the areas prescribed in paragraph (i); (iii) the provisions of paragraphs (i) and (ii) will continue to apply to the employees in the areas prescribed, notwithstanding any changes after 1 February 1985 to the Public Service Overtime Award No. 10 of 1978, and/or the Public Service Shift Work Agreement No. 24 of 1978; (iv) the employees prescribed in paragraphs (i) and (ii) shall not be entitled to over- time payment for the time worked after the meal breaks not claimed, notwith- standing any changes after 1 February 1985 to the Public Service Overtime Award No. 10 of 1978 and/or the Public Service Shift Work Agreement No. 24 of 1978. ELECTRICAL CONTRACTING INDUSTRY. Award No. R22 of 1978. BEFORE THE