Department of Treasury and Finance Agency Specific ...



DEPARTMENT OF TREASURY AND FINANCE AGENCY SPECIFIC AGREEMENT 2010

AGREEMENT NO. PSAAG 8 OF 2010

SCHEDULE

DEPARTMENT OF TREASURY AND FINANCE

AGENCY SPECIFIC AGREEMENT 2010

PSAAG 8 OF 2010

1. TITLE

This Agreement shall be known as the Department of Treasury and Finance Agency Specific Agreement 2010 and replaces the Department of Treasury and Finance Agency Specific Agreement 2005 No. PSAAG 12 of 2005.

2. ARRANGEMENT

1. Title

2. Arrangement

3. Definitions

4. Purpose of Agreement

5. Application and Parties Bound

6. Term of Agreement

7. No Further Claims

8. Dispute Settlement Procedure

9. Flexible Working Hours

10. Motor Vehicle Allowance

11. Wellness Program

12. Signature of Parties

3. DEFINITIONS

For the purposes of this Agency Specific Agreement the following definitions shall apply.

3.1 “Agency” means the Department of Treasury and Finance.

3.2 “Agency Specific Agreement” means the Department of Treasury and Finance Agency Specific Agreement 2010.

3.3 “Award” means the Public Service Award 1992.

3.4 “Employee” means a public service officer or executive employee in the Public Service under Part 3 of the Public Sector Management Act 1994 employed by the Employer.

3.5 “Employer” means the Under Treasurer of the Department of Treasury and Finance.

3.6 “General Agreement” means the Public Service General Agreement PSAAG 10 of 2008 or its replacement.

3.7 “Union” means the Civil Service Association of Western Australia Incorporated.

3.8 “WAIRC” means the Western Australian Industrial Relations Commission.

4. PURPOSE OF AGREEMENT

4.1 The parties agree that the purpose of this Agency Specific Agreement is to provide for employment conditions specific to the Department of Treasury and Finance in accordance with Clause 9 of the General Agreement.

5. APPLICATION AND PARTIES BOUND

1. The parties bound by this Agency Specific Agreement are the Civil Service Association of WA Inc and the Under Treasurer of the Department of Treasury and Finance.

2. This Agency Specific Agreement does not replace the General Agreement.

3. This Agency Specific Agreement shall apply to all employees of the respondent who are members or eligible to be members of the Union and who are covered by the General Agreement and the Award.

4. This Agency Specific Agreement shall be read in conjunction with the Award and the General Agreement.

5. Except where the General Agreement identifies conditions as core, the ASA will prevail over the General Agreement and the Award to the extent of any inconsistencies.

6. At the date of registration the approximate number of employees covered by this Agency Specific Agreement is 1761.

6. TERM OF AGREEMENT

1. This Agency Specific Agreement shall operate from the date of registration in accordance with Section 41 of the Industrial Relations Act 1979 and will expire on

31 December 2011.

2. The parties to this Agency Specific Agreement agree to re-open negotiations for a replacement agency specific agreement at least six (6) months prior to the expiry of this Agreement with a view to implementing a replacement agreement where applicable, operative from 1 January 2012.

7. NO FURTHER CLAIMS

7.1 The parties to this Agency Specific Agreement undertake that for the term of this Agreement there will be no further claims on matters contained in this Agreement, except where provided for through the General Agreement.

8. DISPUTE SETTLEMENT PROCEDURE

1. Any questions, disputes or difficulties regarding the meaning and effect of this Agency Specific Agreement shall be dealt with in accordance with this clause.

2. The employee/s and the manager/supervisor shall discuss the matter and attempt to find a satisfactory solution within three working days. An employee may be accompanied by a union representative.

3. If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant manager’s superior and an attempt made to find a satisfactory solution within a further three working days. An employee may be accompanied by a union representative.

4. If the dispute is still not resolved, it may be referred either party to the Under Treasurer or his/her nominee.

5. Where the dispute cannot be resolved within five working days of the referral of the dispute to the Under Treasurer or his/her nominee, either party may refer the matter to the WAIRC.

6. The period for resolving a dispute may be extended by agreement between the parties.

7. At all stages of the procedure the employee may be accompanied by a union representative.

9. FLEXIBLE WORKING HOURS

9.1 Except where varied by this clause, all other provisions of Clause – 16. Hours of the General Agreement shall continue to apply to all employees covered by this Agency Specific Agreement.

9.2 Ordinary Working Hours

Employees’ ordinary hours of work are:

(a) 300 hours each (8) eight-week settlement period;

(b) worked between 7.00am and 6.00pm on Monday to Friday;

(c) a minimum of four hours at the normal place of duty and a maximum of ten hours in any one day except by mutual agreement with their employer; and

(d) calculated at the rate of 7.5 hours per day for the purpose of public holidays and any paid leave.

9.3 Crediting and Debiting Ordinary Hours

Subject to subclause 9.1 of this clause;

(a) employees may credit any amount of hours at any point within a settlement period;

(b) employees may debit a maximum of 7.5 hours at any point within a settlement period;

(c) employees may carry forward a maximum credit of 37.5 hours to the next settlement period; and

(d) employees must notify their employer when they have debited 7.5 hours.

9.4 Flexible Working Arrangements

(a) To ensure that work teams are appropriately staffed during normal office hours, arrangements for employees’ flexible working hours must be developed in advance and agreed by the employer.

(b) By mutual agreement between an employee and their employer, an employee may work some of their ordinary hours at a location other than their usual place of work, which may include their home.

(c) Notwithstanding subclause 1 of this clause, by mutual agreement with their employer an employee may work some of their ordinary hours of work on a Saturday or Sunday, or outside the span 7.00am am and 6.00 pm.

(d) Employees are required to keep a record of the hours they work.

(e) For debit hours in excess of 7.5 hours the employee shall be required to take leave without pay for the period necessary to reduce the debit hours.

9.5 Part-time Flexi Time Arrangements

The flexi time arrangements will be available to part-time employees on the following basis:

(a) The debit hours permitted at the end of the settlement period for part-time employees shall be a maximum of 7.5 hours. For debit hours in excess of 7.5 hours the employee shall be required to take leave without pay for the period necessary to reduce the debit hours.

(b) The credit hours permitted for part-time employees at the end of the settlement period shall be to a maximum of 37.5 hours.

(c) An employee with sufficient credits may apply for a maximum of two days flexi leave during any settlement period.

(d) Each application for part-time participation in flexi time arrangements shall be considered on its merits, agency convenience and the nature of the work. Such approval shall not be unreasonably withheld.

9.6 Settlement Period

A settlement period commences at the beginning of a pay period and consists of an eight week period.

9.7 Taking of Accrued Flexi Leave

(a) Subject to the prior approval of the employer, an employee may take flexi leave of any combination of time that has been accrued (including full days) that does not in total exceed the number of hours accrued by the employee.

(b) In exceptional circumstances, and only with the approval of the employer, flexi leave may be taken before credit hours have been accrued, this being subject to such conditions as agreed to by the employer and the employee.

9.8 Registering Accrued Flexi Leave to be taken at a Later Date

If an employee cannot clear an amount of accrued flexi-leave because of agency inconvenience the employee can register that leave to be taken when mutually convenient. To register accrued flexi-leave the employee should send a memo, approved and signed by the employee’s Executive Director/Commissioner (or delegated authority) to the Director, People Strategy and Performance stating the amount of accrued flexi leave. Registered accrued flexi leave is to be cleared within twelve months of being registered. Any of this leave that cannot be taken within 12 months of being registered is to be paid out.

10. MOTOR VEHICLE ALLOWANCE

10.1 This clause is to be read in conjunction with the Clause 47. – Motor Vehicle Allowance of the Award.

10.2 Definitions

For the purpose of this provision:

(a) “Business Kilometres” means the claimable business kilometres defined under subclause 6 of this clause.

(b) “Claim Form” means the Public Service Allowances Claim For Payment - form PS 10, or any other approved hard copy version of an electronic spreadsheet incorporating the appropriate certifications.

(c) “Eligible Officer” means any employee of the Agency that meets the eligibility requirements provided under subclause 2 of this clause and includes a temporary eligible officer as identified under sub clause 1(i) of this clause.

(d) “Kilometreage Allowance” means the amount payable on business kilometres travelled at the following rates:

(i) the maximum rate of “Schedule E Motor Vehicle Allowance” as per the Award for the first 2000 kilometres.

(ii) After the first 2000 kilometres travelled, the eligible officer will be entitled to the current maximum prescribed rate provided in section 82KX(1)(a) of the Australian Income Tax Assessment Act 1997 applicable from time to time during the term of this Agreement.

(e) “Metropolitan Area” means all areas included in the publications of the “Streetsmart” Perth Street Directory published by Landgate.

(f) ”Parking Reimbursement” means the amount payable under subclause 4 of this clause.

(g) “Supervisor” means the relevant supervisor of the Agency who is responsible to vet the monthly claim form for approval.

(h) “Temporary Eligible Officer” means any person that becomes an eligible officer in an acting or contract capacity.

10.3 Eligibility

(a) The kilometreage allowance and parking reimbursement shall only be available to an employee who occupies or acts in a position that requires the employee to supply a vehicle and hold the appropriate license to drive that vehicle as a condition of their employment i.e an eligible officer.

(b) In the event that an eligible officer cannot meet the conditions specified in subclause 3, paragraph (a) of this clause, the Assistant Commissioner (Compliance) may suspend or cancel an eligible officers entitlement to the “Motor Vehicle Allowance” of this clause. In this situation, the first 2000 kilometres will be paid by pro rata as per the basis set out in subclause 3, paragraph (c) of this clause.

(c) Where an eligible officer does not occupy the position or complete the duties of the position for the full financial year, the 2000 kilometres is calculated over the financial year on a pro-rata basis. For example;

(i) where an eligible officer is acting or seconded to a position in the Agency continually for a period greater than two months, in which the supply of a vehicle is not a condition of the position;

(ii) where an eligible officer ceases to be employed by the Agency;

(iii) where an eligible officer is seconded to another Agency;

The pro rata basis shall be determined by the number of working weekdays performed in the position over the number of working weekdays in the financial year.

(d) Where an eligible officer who occupies or acts in a position on a part time basis and is required to supply a vehicle as a condition of their employment, the 2000 kilometres is calculated over the financial year on a pro-rata basis ascertained by the proportion of the eligible officer’s designated number of work hours over 37.5 hours.

(e) The kilometrage allowance and parking reimbursement shall also be available to an employee who is approved as being eligible by agreement between the employee and Commissioner.

(f) The Commissioner may at any time remove an approval made under subclause 3, paragraph (e) of this clause giving 5 working days notice to the eligible officer. In this situation the 2000 kilometres will be pro rated on the same basis as subclause 3, paragraph (c) of this clause.

10.4 Kilometrage Allowance

(a) The allowance is payable to an eligible officer who provides a motor vehicle to conduct agency business within the metropolitan area.

(b) Any employee who occupies or acts in a position that requires the employee to supply a vehicle as a condition of their employment, shall be guaranteed payment of the first 2000 kilometres, in a financial year, subject to the conditions in subclause 2 of this clause.

10.5 Parking reimbursement

Parking is to be reimbursed to an eligible officer when required to pay for parking in the Perth CBD as the result of the employee, going to or returning from official business outside the Perth CBD. This is to be limited to a maximum claim of 15 hours parking (e.g. 6 days X 2.5 hours) at the Perth Council Parking Rate as per His Majesty City Council Parking per person per month. Those parking costs incurred outside the Perth CBD resulting from official business are claimable in full. These amounts will be reimbursed upon production of receipt and claimed via the approved Claim Form.

10.6 Method of payment

At the close of each month effective from the commencement date, an eligible officer must complete a Claim Form and make a claim for any business kilometres and parking reimbursement, to which the employee is entitled during that month.

10.7 Business kilometres

10.7.1 Definitions:

(a) “Home” - private residence of employee.

(b) “Client” - audit, investigation, client’s premises or any other premises to carry on business besides home or base.

(c) “Base” - Agency’s head office.

(d) “Business Travel” - kilometres travelled by an employee to visit a client using his or her own vehicle and does not include private travel or where the client is located in the Perth CBD.

(e) “Private Travel” - kilometres travelled that are not for business travel.

10.7.2 Examples of business and private travel are:

(a) Where the eligible officer travels from home to the client and back home again, the total kilometres travelled will be classed as business kilometres.

(b) Where the eligible officer travels from home to the client and then to base, those kilometres travelled may be claimed as business kilometres. The trip from base to home that day will be classed as private travel.

(c) Where the employee travels from home to base and then base to home, the total trip is considered as private travel.

(d) Where the employee travels from home to base and then from base to client and then home, the home to base trip is to be considered private travel, whilst the base to client and then home will be considered business travel.

(e) Where the employee travels from home to base and then from base to client, then back to base, then from base to home, the trips from home to base and base to home are considered private travel. The trip from base to client and back is considered business travel.

(f) Where the employee travels from home to client, then to base and then to a client, and back to home, the total kilometres travelled are considered business travel.

10.8 Summary of rules on business kilometres:

(a) A journey that is directly from home to base and base to home is considered as private travel.

(b) A journey on the way to base or on the way to home, which involves a visit to a client’s premises, is claimable as business kilometres.

(c) A journey, which involves a visit to a client’s premises but does not include a visit to base, is also considered business travel. An employee’s total travel on any day may include both business and private travel.

(d) The kilometrage allowance and parking reimbursement are to be paid only on

occasions the employee is required to provide a vehicle for agency business during work periods.

11. WELLNESS PROGRAM

Employees shall have access to the terms and conditions of the Agency’s Wellness Program. The Department recognises that a responsive and supportive wellness program contributes to a fit, healthy and productive workforce and benefits the agency’s organisational health. The Department will continue to regularly survey the needs of its employees and implement improvements having regard to budgetary constraints.

Currently the agency offers the following to support employee and organisational wellness:

Preventative/Education programs - Regular knowledge sharing sessions on a range of health issues; annual Healthy Heart Checks; influenza vaccinations; reimbursement of eyesight testing costs; regular superannuation and retirement options seminars.

Employee assistance programs – Confidential, professional and free-of-charge counselling service for employees and their immediate family members.

Physical fitness programs - Free gym facilities where available; pilates/yoga and get fit classes at various business unit locations.

Corporate benefits programs – Corporate discounts available to employees from a range of health insurers.

The Department recognises that an effective wellness program contributes to attracting and retaining productive employees by giving them the opportunity to participate in programs which are educative and improves their physical, emotional and financial wellbeing and lifestyles. In turn, productive and motivated staff contribute significantly to the long term success of our agency in delivering services to the Western Australian community.

12. SIGNATURES OF PARTIES

………………Signed……………………………………. Date ……23/08/10…

Under Treasurer

DEPARTMENT OF TREASURY AND FINANCE

………………SIGNED………………………………. DATE ……6/08/10...

TONI WALKINGTON

GENERAL SECRETARY

CIVIL SERVICE ASSOCIATION OF WA INC

DEPARTMENT OF TREASURY AND FINANCE AGENCY SPECIFIC AGREEMENT 2010

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED

APPLICANT

-V-

UNDER TREASURER, DEPARTMENT OF TREASURY AND FINANCE

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

ACTING SENIOR COMMISSIONER P E SCOTT

DATE FRIDAY, 8 OCTOBER 2010

FILE NO PSAAG 8 OF 2010

CITATION NO. 2010 WAIRC 00962

RESULT AGREEMENT REGISTERED

Representation

Applicant Ms J O’Keefe and with her Ms L Kennewell

Respondent Ms K Callaghan and with her Mr R Heaperman

Order

HAVING heard Ms J O’Keefe and with her Ms L Kennewell on behalf of The Civil Service Association of Western Australia Incorporated and Ms K Callaghan and with her Mr R Heaperman on behalf of the Department of Treasury and Finance, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Department of Treasury and Finance Agency Specific Agreement 2010 in the terms of the following schedule be registered on the 4th day of October 2010 and shall replace the Department of Treasury and Finance Agency Specific Agreement 2005.

Acting Senior Commissioner P E Scott

PUBLIC SERVICE ARBITRATOR

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