Civil Service Association of Western Australia (Inc) v The Department of Biodiversity, Conservation and Attractions, Department of Primary Industries and Regional Development, The Department of Water and Environmental Regulation

[2020] WAIRC 744 Single Commissioner (WAIRC) 2020-08-26 File: P 18/2019

Source

Chief Commissioner Scott

Not yet cited by other cases

Applicant: Civil Service Association of Western Australia (Inc)

Respondent: The Department of Biodiversity, Conservation and Attractions, Department of Primary Industries and Regional Development, The Department of Water and Environmental Regulation

Ratio

The Commission, by consent, granted the application to vary the Public Service Allowances (Fisheries and Wildlife Officers) Award 1990 to update the public holidays clause to reflect current public holiday entitlements and to clarify the calculation of compulsory employer superannuation contributions under salary packaging arrangements.

Outcome

For applicant granted

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.

Key facts · 5

Application P 18 of 2019 brought by the Civil Service Association of Western Australia (Inc) against three respondent departments
Variation sought to the Public Service Allowances (Fisheries and Wildlife Officers) Award 1990
Variation by consent of all parties
Variation effective 26 August 2020
Two clauses varied: Clause 8 (Public Holidays) and Clause 13 (Salary Packaging)

Factors

For

Agreement of all parties (applicant and respondent departments)
Necessity to update public holidays list to reflect current entitlements
Need to clarify superannuation contribution calculation under salary packaging arrangements in accordance with applicable federal and state legislation

Against

Legislation referenced

Industrial Relations Act 1979 (WA)
State Superannuation Act 2000 (WA)
Public Service Allowances (Fisheries and Wildlife Officers) Award 1990

Concept tags · 7

[P]Award (WA state system) [P]Award variation [S]Public holiday entitlement [S]Superannuation guarantee [S]Consent orders [M]Public sector matter (general WAIRC jurisdiction post-PSAB) [M]Senior public servant

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2006] WASCA 124 BHP Billiton Iron Ore Pty Ltd v Automotive, Food, Metals, Engineering,...	WA Court of Appeal	2006-06-27	Resolved	2	10
[2021] WASCA 76 THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN...	WA Court of Appeal	2021-05-03	Resolved	2	5
[2002] WASCA 354 Burswood Catering v Entertainment Pty Ltd	WA Court of Appeal	2002-12-18	Against applicant	2	1
[2023] WAIRC 801 Commission's Own Motion	WAIRC — Court Session	2023-10-06	For applicant	2	9
[2023] WAIRC 337 Commission's Own Motion	WAIRC — Court Session	2023-06-22	For applicant	2	9
[2023] WAIRC 912 Commission's Own Motion	WAIRC — Court Session	2023-11-21	Resolved	2	2
[2022] WAIRC 282 Commission's Own Motion	WAIRC — Court Session	2022-06-29	For applicant	2	2
[2019] WAIRC 869 The Pharmacy Guild of Western Australia v The Shop, Distributive and Allied...	WAIRC — Full Bench	2019-12-13	Resolved	2	2
[2013] WAIRC 795 Western Australian Municipal, Administrative, Clerical v Services Union Of Employees	WAIRC — Full Bench	2013-09-06	Resolved	2	2
[2006] WAIRC 3846 FBA 19 of 2005	WAIRC — Full Bench	2006-01-01	Resolved	2	2

Archived text (360 words)

PUBLIC SERVICE ALLOWANCES (FISHERIES AND WILDLIFE OFFICERS) AWARD 1990 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Civil Service Association of Western Australia (Inc) APPLICANT -v- The Department of Biodiversity, Conservation and Attractions, Department of Primary Industries and Regional Development, The Department of Water and Environmental Regulation RESPONDENT CORAM Chief Commissioner P E Scott DATE Wednesday, 26 August 2020 FILE NO/S P 18 OF 2019 CITATION NO. 2020 WAIRC 00744 Result Order issued Representation Applicant Mr M Giles, and with him Mr M Finnegan Respondent Ms R Smith, and with her Dr N Woolf Order HAVING heard Mr M Giles and with him Mr M Finnegan on behalf of Civil Service Association of Western Australia (Inc), and Ms R Smith and with her Dr N Woolf on behalf of the Department of Biodiversity, Conservation and Attractions, Department of Primary Industries and Regional Development and the Department of Water and Environmental Regulation, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, hereby orders - THAT the Public Service Allowances (Fisheries and Wildlife Officers) Award 1990 be varied in accordance with the following Schedule and that such variations shall have effect on and from Wednesday, 26 August 2020. Chief Commissioner P E Scott SCHEDULE 1. Clause 8 – PUBLIC HOLIDAYS Delete subclause (1) and insert the following in lieu thereof: The following days shall be allowed as holidays with pay: New Year’s Day, Australia Day, Good Friday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Celebration Day for the Anniversary of the Birthday of the Reigning Sovereign, Western Australia Day, Labour Day, provided that the Employer may approve another day to be taken as a holiday in lieu of any of the above mentioned days. 2. Clause 13 – SALARY PACKAGING Delete subclause (6) and insert the following in lieu thereof: (6) Compulsory Employer Superannuation Guarantee contributions are to be calculated in accordance with applicable federal and state legislation. Compulsory employer contributions made to superannuation schemes established under the State Superannuation Act 2000 (WA) are calculated on the gross (pre packaged) salary amount regardless of whether an officer participates in a salary packaging arrangement with their employer.