Benchmark WA Industrial Relations Case Database

The Civil Service Association of Western Australia Incorporated v Department of Education

[2015] WAIRC 1023 Single Commissioner (WAIRC) 2015-11-17 File: P 7/2015
Source
Acting Senior Commissioner Scott
Not yet cited by other cases
Applicant: The Civil Service Association of Western Australia Incorporated
Respondent: Department of Education

Ratio

The Public Service Arbitrator varied the Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 by consent to increase relief allowances, removal allowances, and meal allowances effective from 13 November 2015.

Outcome

Resolved partial

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 · 4

  • Application by the Civil Service Association on behalf of ministerial officers employed by the Department of Education
  • Parties proceeded by consent to vary the award
  • Variation effective from the first pay period commencing on or after 13 November 2015
  • Modifications to relief/camping allowance, removal allowances (depreciation, pet transport, furniture storage), and meal allowances

Factors

For
  • Agreement between the parties to vary the award
  • Indexed allowance rates reflecting updated costs of living and operational expenses
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA)
  • Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No. 5 of 1983

Concept tags · 5

[P]Award (WA state system) [P]Award variation [S]Consent orders [S]Senior public servant [M]Public sector discipline
Archived text (578 words)
EDUCATION DEPARTMENT MINISTERIAL OFFICERS SALARIES ALLOWANCES AND CONDITIONS AWARD 1983 NO 5 OF 1983 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES The Civil Service Association of Western Australia Incorporated APPLICANT -v- Department of Education RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR Acting Senior Commissioner P E Scott DATE Tuesday, 17 November 2015 FILE NO/S P 7 OF 2015 CITATION NO. 2015 WAIRC 01023 Result Award varied Order HAVING heard Mr M Sims on behalf of The Civil Service Association of Western Australia Incorporated and Ms C Moxey as agent for the respondent, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders: THAT the Education Department Ministerial Officers Salaries Allowances and Conditions Award 1983 No. 5 of 1983 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 13 November 2015. Acting Senior Commissioner P E Scott PUBLIC SERVICE ARBITRATOR SCHEDULE 1. Clause 40. – Relieving Allowance: Delete subclause (4) of this clause and insert the following in lieu thereof: (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 $203.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $203.00 in any one period of three (3) years. 2. Clause 41. – Removal Allowance: Delete subclause (1)(c) of this clause and insert the following in lieu thereof: (c) An allowance of $572.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances for each occasion that an employee is required to transport their furniture, effects and appliances provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employee is at least $3,429.00. 3. Clause 41. – Removal Allowance: Delete subclause (1)(d) of this clause and insert the following in lieu thereof: (d) Reimbursement of reasonable expenses in kennelling and transporting of domestic pet or pets up to a maximum amount of $184.00. Pets are defined as dogs, cats, birds or other domestic animals kept by the employee or the employee's dependants for the purpose of household enjoyment. Pets do not include domesticated livestock, native animals or equine animals. 4. Clause 41. – Removal Allowance: Delete subclause (6) of this clause and insert the following in lieu thereof: (6) Where an employee is transferred to government owned or private rental accommodation, where furniture is provided, and as a consequence the employee is obliged to store furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $1,065.00 per annum. Actual cost is deemed to include the premium for adequate insurance coverage for the value of the furniture stored. An allowance under this subclause shall not be paid for a period in excess of four years without the approval of the employer. 5. Schedule G – Overtime Allowance: Delete Part II of this schedule and insert the following in lieu thereof: PART II – MEALS (Operative from the first pay period commencing on or from 13 November 2015) Breakfast $10.80 per meal Lunch $13.30 per meal Evening Meal $15.95 per meal Supper $10.80 per meal