Chief Executive, Department of Training andEmployment and Civil Service Association of Western Australia (Incorporated) v (Not applicable) [2001] WAIRComm 1735 (9 January 2001)

CY O'CONNOR COLLEGE OF TAFE PUBLIC SERVICE AND GOVERNMENT OFFICERS ENTERPRISE AGREEMENT 2000

PARTIES CHIEF EXECUTIVE, DEPARTMENT OF TRAINING AND EMPLOYMENT

THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED

CITATION NO. 2001 WAIRC 01735

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HAVING heard Ms J Caiacob on behalf of the Chief Executive, Department of Training and Employment and Ms J van den Herik on behalf of the Civil Service Association of Western Australia (Incorporated), and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:

THAT the CY O'Connor College of TAFE Public Service and Government Officers' Enterprise Agreement 2000 in the terms of the following schedule be registered on the 21st day of December 2000 and shall replace the Western Australian Department of Training Public Service and Government Officers' Enterprise Agreement 1998 (No. PSA AG 12 of 1998), in respect of Government Officers employed at C Y O'Connor College of TAFE.

PART 1 - APPLICATION AND OPERATION OF AGREEMENT

This Agreement will be called the CY O'Connor College of TAFE Public Service Officers' and Government Officers' Enterprise Agreement 2000 and will replace the CY O'Connor College of TAFE Public Service and Government Officers' Enterprise Agreement 1998.

This Agreement will apply throughout the state of Western Australia to Officers employed in the CY O'Connor College of TAFE. This Agreement will also apply to Officers on secondment to or in the College.

The parties to this Agreement will be Chief Executive, Western Australian Department of Training and Employment, and the Civil Service Association of Western Australia (Inc).

The following terms will have the following meanings:

"Agreement": means the CY O'Connor College of TAFE Public Service and Government Officers' Enterprise Agreement 2000.

"Award": means the Government Officers' Salaries, Allowances and Conditions Award 1989.

"College" means the CY O'Connor College of TAFE.

"Continuous service": Any period of service between the employee and employer under an unbroken contract of employment, and includes any authorised unpaid or paid absences.

"CSA": means the Civil Service Association of Western Australia (Inc).

"Department": means the Western Australian Department of Training and Employment.

"Employee": for the purpose of this Agreement means, someone who is referred to at

"Employer": means the Chief Executive, Western Australian Department of Training and Employment.

"Full-Time Officer": A person employed to work 37 1/2 ordinary hours per week.

"Government": means the Government of Western Australia.

"GOSAC Award": means the Government Officers' Salaries Allowances & Conditions Award 1989.

"Managing Director" means the Managing Director of the CY O'Connor College of TAFE, pursuant to section 46 of the Vocational Education and Training Act 1996.

"Minister": is the Minister of the Crown who is responsible for the administration of the employing agency.

"Officer": means a Public Service Officer as defined in the Public Sector Management Act 1994 or Government Officer as defined in the Industrial Relations Act 1979.

"Part-Time": means regular and continuing employment for less than the ordinary hours for a "Full-Time Officer".

"Spouse": means a husband or wife of an employee, and includes a de facto spouse. For the purposes of Bereavement leave it includes a former spouse.

"Union": means the Civil Service Association of Western Australia (Inc).

"WAIRC": means the Western Australian Industrial Relations Commission.

At the date of registration of this Agreement the approximate number of employees covered by this Agreement is 7.

7.1 There will be no extra claims for salary adjustments other than that which is provided by this Agreement for the duration of its term.

7.2 There will be no further claims on matters contained in this Agreement for the duration of its term.

8.1 This Agreement will operate on and from the date of registration and will remain in force for two years.

8.2 Six (6) months prior to the date of expiration of this Agreement, the parties will commence negotiation for its renewal or replacement.

8.3 The pay rates attained under this Agreement will form the new base rates for any future Agreement, provided that the productivity targets attained under this Agreement continue and previous productivity improvements in the last agreement are sustained, and changes to Award conditions maintained, or changed by agreement.

This Agreement will be read and interpreted wholly in conjunction with the Government Officers' Salaries, Allowances and Conditions Award 1989. This Agreement will have precedence to the extent of any inconsistency. Where the agreement is silent the relevant award will apply.

Employees will have access to an electronic copy of this agreement. Where electronic copies are unavailable, hard copies of the agreement will be provided.

Work towards alignment of conditions for all TAFE employees_._

Meet the requirements of clients and students through the provision of reliable, efficient and competitive services.

Achieve the Department's mission and improve productivity and efficiency through identified improvements.

Achieve improvement and greater flexibility of working patterns and arrangements.

Promote and facilitate enhanced employee relations and increased job satisfaction.

To facilitate a continued cooperative approach to the introduction of change.

This Agreement will operate as a contributive mechanism to deliver a cost efficient Vocational Education and Training service.

This Agreement incorporates past productivity to the date of registration.

PART 2 - DISPUTE RESOLUTION

13.1 The parties acknowledge the need for a satisfactory College consultative procedure. Staff participation and consultation is encouraged. The form of participation and consultation may vary at each workplace depending on individual circumstances. The College will establish its own structure and processes. However, the non-establishment of a structure or process will not be used as a means to avoid requirement to consult.

13.2 Employees will be involved in broadly based representative consultative committees with structure and functions determined by the College.

13.3 Consultative committees will provide a forum for staff and management to, where appropriate, seek the views of the other and enter into meaningful discussions that may contribute towards outcomes, in relation to operational matters.

13.4 Representatives from the Union, where it has members at the workplace, will be invited to participate on consultative committees.

13.5 The parties to this Agreement acknowledge that decision making continues to rest with the College, which is accountable to Government, through legislation, for the operation of its business.

14.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:

14.1.1 The employee and their supervisor will meet and confer on the matter; and

14.1.2 If the matter is not resolved at such a meeting, the parties will arrange for further discussions between the employee and his or her nominated representative, if any, and more senior levels of management.

14.1.3 If the matter is still unresolved a discussion will be held between representatives of the College or other representative of the employer and the Union or other employee representative.

14.1.4 If the matter cannot be resolved it may be referred to the WAIRC.

14.2 While the parties attempt to resolve the matter work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety.

For the purposes of this clause the following definition will apply:

Substandard performance: The performance of an employee is substandard if the employee does not, in the performance of the functions that he or she is required to perform, attain or sustain a standard that a person may reasonably be expected to attain or sustain in the performance of his or her duties.

15.1 No employee shall be subject to the penalties of clause 15.2 unless a fair procedure is applied and decisions and processes incorporate the principles of natural justice and are free from bias.

15.2 If, in accordance with the College's substandard performance management policy, an employee is found by the College to be performing at a substandard level, the College may:

15.2.1 withhold an increment of remuneration otherwise payable to that employee;

15.2.2 reduce the classification of that employee; or

15.2.3 terminate the employment of that employee.

15.3 If an employee who has been subject to substandard performance management is aggrieved by any resulting decision, he/she may appeal against that decision in the WAIRC.

16.1 No employee shall be subject to the penalties of clause 16.2 unless a fair procedure is applied and decisions and processes incorporate the principles of natural justice and are free from bias.

16.2 If, in accordance with the College's disciplinary policy, an employee is found by the College to have committed a breach of discipline, the College may:

16.2.2 transfer the employee to another public sector agency or authority, with the consent of that agency or transfer the employee to another position at the College at which the employee is currently employed;

16.2.3 impose on the employee a fine not exceeding the equivalent of five days pay that the employee would have received immediately prior to the breach of discipline finding;

16.2.4 reduce the monetary remuneration of the employee within the employee's existing classification;

16.2.5 reduce the level of classification of the employee;

or, except where the employee is dismissed under subclause 16.2.6, take action under any two or more of the above sub-clauses.

16.3 If an employee who has been subject to disciplinary action is aggrieved by a decision resulting from such action, he/she may appeal against that decision to the WAIRC.

PART 3 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

17.1 An officer who undertakes duties of a higher classification for a period of 10 consecutive working days or more**,** inclusive of public holidays, will be paid at the salary applicable to the higher level proportionate to the level of duties and responsibilities assigned for the entire period of the higher duties.

17.2 The higher rate of payment will apply to an officer who proceeds on normal annual leave or any other approved leave of absence of not more than four weeks provided that the officer was in receipt of the additional payment for a continuous period of 12 months or more.

18.1 Casual employees may be employed for up to three months in any period of engagement, provided that where operationally necessary and in compliance with subclause 18.2 of this clause the period of engagement may be extended for up to a period of a further three months.

18.2 All casual engagements shall be in accordance with the following guidelines.

1. The type of employment involves specific workload demands of a short term nature;
2. The job is a short term project of a finite nature;
3. To replace an employee during a short term approved leave of absence.

PART 4 - WAGES AND RELATED MATTERS

19.1 Increases have been applied to the rates paid pursuant to the CY O'Connor College of TAFE Public Service and Government Officers' Enterprise Agreement 1998 as expressed in column A.

19.2 The rates in Column B will be paid effective from the date of registration of the Agreement. The rates in column B reflect a 1.5% increase for changes to award/employment conditions contained in this Agreement.

19.3 The rates in Column C will be paid from the first pay period on or after 15 March 2001. The rates in Column C reflect a 1.5% increase for changes to award/employment conditions contained in this Agreement.

19.4 The rates in Column D will be paid from the first pay period on or after 15 March 2002. The rates in Column D reflect a 3% increase, subject to Cabinet Standing Committee on Labour Relations endorsement that the Productivity Improvement Plan targets have been achieved.

19.5 The pay rates attained under this Agreement will form the new base rates for any future Agreement, provided that the productivity targets attained under this Agreement continue and previous productivity improvements in the last agreement are sustained and changes to Award conditions maintained, or changed by agreement.

20.1 An employee may, by agreement with the employer, enter into a salary packaging arrangement in accordance with the CY O'Connor College of TAFE Flexible Remuneration Packaging Scheme or any similar salary packaging arrangement offered by the employer.

20.2 Salary packaging is an arrangement whereby the entitlements under this agreement, contributing toward the Total Employment Cost (as defined) of an employee, can be reduced by and substituted with another, or other benefits.

20.3 For the purpose of this clause, Total Employment Cost (TEC) is defined as the cost of salary and other benefits aggregated to a total figure or TEC, less the cost of Compulsory Employer Superannuation Guarantee contributions.

20.4 The TEC for the purposes of salary packaging, is calculated by adding:

20.4.2 Other cash allowances, eg. Annual leave loading;

20.4.3 Non-cash benefits, eg superannuation, motor vehicles etc;

20.4.4 Any Fringe Benefit Tax liabilities currently paid; and

20.4.5 Any shift or commuted allowance or variable components, eg performance based incentives (where they exist).

20.5 Where an employee enters into a salary packaging arrangement they will be required to enter into a separate written agreement with the employer that sets out the terms and conditions of the agreement.

20.6 The salary packaging arrangement must be cost neutral in relation to the total cost to the employer.

20.7 The salary packaging arrangement must also comply with relevant taxation laws and the employer will not be liable for the additional tax, penalties or other costs payable or which may become payable by the employee.

20.8 In the event of any increase or additional payments of tax or penalties associated with the employment of the employee of the provision of employer benefits under the salary packaging agreement, such tax, penalties and any other costs will be borne by the employee.

20.9 In the event of significant increases in Fringe Benefit Tax liability or administrative costs relating to arrangements under this clause, the employee may vary or cancel a salary packaging arrangement.

20.10 The cancellation of salary packaging will not cancel or otherwise affect the operation of this Agreement.

20.11 An employer will not unreasonably withhold agreement to salary packaging on request from an employee.

20.12 The Dispute Settlement Procedure contained in this Agreement will be used to resolve any dispute arising from the operations of this clause. Where such a dispute is not resolved, the matter may be referred to the WAIRC.

Salaries will be paid on a fortnightly basis directly into an approved bank, building society or credit union nominated by the employee.

22.1 Any salary overpayments will be repaid to the employer within a reasonable period of time.

22.2 If agreement cannot be reached, the employer may deduct the amount of overpayment over the same length of time that the overpayments occurred, or up to 6 months, whichever period is less.

22.3 The employer may not deduct or require an employee to repay an amount exceeding 20% of the employees' net pay in any one pay period.

22.4 On compassionate grounds, the Managing Director may allow an extended period for the repayment of overpayments.

23.1 Wherever an award allowance is calculated by reference to a classification salary point, the parties agree that all such allowances will be so varied by reference to the salary provided by this agreement.

23.2 All such allowances will be applicable from the same date as provided for any salary variation under this agreement.

PART 5 - HOUR OF WORK, BREAKS, OVERTIME, SHIFT WORK AND WEEKEND WORK

Notwithstanding the prescribed hours of duty in clause 16 of the Award, the employer and an employee may agree to vary the spread of hours during which the employee's ordinary hours of work may be worked. Any agreement must be voluntarily and genuinely made and an employee may not be forced, coerced or intimidated into any such variation to the spread of ordinary hours during which the hours of work may be worked.

25.1 For the purpose of this clause, a settlement period will:

25.1.2 have the required hours of duty of 450 hours; and

25.1.3 commence at the beginning of a pay period.

25.2 Credit hours at any point within the settlement period will not exceed 60 hours.

25.3 An officer may be allowed to clear flexi leave of a maximum of 6 full days, or any combination of half days and full days that does not exceed 6 full days in any settlement period.

25.4 Full days of flexi leave may be taken in accordance with College policy.

25.5 Flexi-leave days may be taken consecutively during a Christmas Closedown.

25.6 Notwithstanding subclause 25.3, in the case of a Christmas Closedown of 12 working days, where sufficient credit hours are accrued, an employee may take seven consecutive flexi-leave days. This subclause does not apply in the case of a Christmas Closedown of less than 12 working days.

25.7 Credit hours to a maximum of thirty seven hours thirty minutes will be allowed at the end of each settlement period and will be carried forward to the next settlement period.

25.8 In the case of credit hours greater than thirty seven hours thirty minutes gained in one settlement period, the hours in excess of thirty seven hours thirty minutes will be lost.

PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

26.1 By written approval of the employer, accrued annual leave may be paid out (equivalent benefit) instead of taken.

26.2 The paying out of accrued annual leave is not obligatory and is subject to agreement of both the employer and employee.

26.3 Annual Leave Travel Concessions - Officers Stationed in Remote Areas

26.3.1 Where an officer's headquarters is situated in District Allowance Areas 3,5,6 and in that portion of area 4 located north of 30° South Latitude, as defined in Schedule D - District Allowance of the PSA/ Schedule G - District Allowance of the GOSAC Award, a travel concession to the value of return economy airfares to Perth or Geraldton will be provided for the officer and his/her dependants when the officer travels from his/her normal place of employment on Annual Leave.

26.3.2 The officer will only be entitled to the actual cost of the travel, up to the value of return economy airfares for the officer and his/her dependents to Perth or Geraldton, whichever is the higher. The employer will not reimburse the officer unless the officer supplies evidence acceptable to the employer of the actual cost of travel.

26.3.3 An officer is required to serve 12 months in these areas before qualifying for travel concessions.

27.1 Accrued long service leave may be taken in periods of not less than one day.

27.2 By written approval of the employer, accrued long service leave may be paid out (equivalent benefit) instead of taken.

27.3 The paying out of accrued Long Service Leave is not obligatory and is subject to agreement of both the employer and employee.

28.2 The sick leave provisions of the GOSAC Awards will continue to apply, except that the Managing Director may approve further paid leave in exceptional circumstances.

29.1 An employee with responsibilities in relation to either members of their family or members of their household who need their care and support, is entitled to paid leave of up to 5 days per annum, to provide care and support for such persons when they are ill.

29.2 Family/carer's leave taken will be deducted from an employee's sick leave entitlements, provided that 10 days of the employee's sick leave entitlement credited in the current year cannot be used for family/carer's leave. Family/carer's leave is not cumulative from year to year.

29.3 Where family/carer's leave is exhausted, an employee may take unpaid carer's leave by agreement with the employer.

29.4 The employee will if required by the employer establish, by production of medical evidence or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

29.5 The employee will, wherever possible, give the employer notice prior to the absence of the intention to take such leave.

29.6 For the purposes of this clause, a family member or member of the employee's household is one who is wholly or partially dependent on the employee.

30.1 Subject to paragraph 30.2 hereof, an officer will be entitled to paid compassionate leave of up to 2 days on the death of a family member.

30.2 The Managing Director may grant compassionate leave on the death of a person other than a family member in personal and compassionate circumstances.

30.3 Compassionate leave will not be granted during a period of any other leave.

30.4 Payment for compassionate leave is to be made only where the officer otherwise would have been on duty.

The Award entitlement to short leave will no longer apply.

32.1 Ceremonial/Cultural Leave may be granted, to employees who have a ritual obligation to participate in ceremonial activity which requires absence from work. Such leave will also include leave to meet the employee's custom and traditional laws.

32.2 An employee granted leave to participate in ceremonial, cultural or traditional law activities will have such leave deducted from accrued annual leave or long service leave.

32.3 Leave without pay to participate in ceremonial, cultural or traditional law activities may be granted by the employer.

33.1 The following days are paid public holidays; New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Labour Day, Sovereign's Birthday, Christmas Day and Boxing Day.

33.2 Whenever any of these days falls on a Saturday or a Sunday, the holiday is observed on the next succeeding Monday, or in the case of Boxing Day falling on a Sunday or Monday, on the next succeeding Tuesday.

33.3 There is no entitlement to any additional Public Service holidays in addition to those prescribed in this agreement.

34.1 The College may observe a closedown over the Christmas/New Year period.

34.2 The duration of the closedown will be at the discretion of the Managing Director but will not exceed 12 working days.

34.3 Employees will be required to take annual leave, long service leave, rostered days off, time in lieu of overtime or flexitime credit hours on the working days that the College is closed down. The employee may elect which form of leave is to be taken.

34.4 The Managing Director will as soon as possible, in each calendar year but not later than 30 June, advise employees of the period of closedown and the number of working days involved.

34.5 When taking leave during the year employees must be aware of the requirement to retain credits to cover the required number of days over the compulsory close down period.

34.6 New employees, employees who have exhausted their annual leave credits at the commencement of this Agreement, or employees who have been granted approval to utilise all leave credits will be entitled to take leave without pay or go into debit to cover the amount of leave involved, provided a refund is made by the employee, on termination, if credits to the value of the leave taken in advance have not been accrued.

For the purpose of this clause, the following terms have the following meanings:

"Adoption": is the placement (including any initial temporary placement with a view to a permanent placement) of a child who is less than 5 years of age, who is not the natural or step-child of the employee or employee's spouse and who has not lived with the employee for longer than 6 months.

"Adoption leave": Unpaid parental leave of up to 12 months taken by either parent in connection with the adoption or placement of a child under the age of 5 years.

(a) For the purposes of paternity leave means a certificate from a registered medical practitioner which names the employee's spouse, states that she is pregnant, and the expected date of birth.

(b) For the purpose of maternity leave means a certificate from a registered medical practitioner stating that the employee is pregnant and the expected date of birth.

(c) For the purpose of adoption leave and special adoption leave means the requirements that an employee must comply with before being eligible for the entitlement.

a statement from an adoption agency or other appropriate body of the placement of the child for adoption purposes; or

presumed date confirming that the employee or employee's spouse is to have custody of the child pending application for an adoption order.

"Child": A person to whom an employee or employee's spouse has given birth, or who is adopted by an employee or employee's spouse or who is placed with an employee or employee's spouse with a view to permanent adoption. This does not include a child or stepchild of the employee or employee's spouse who has previously lived with the employee for a period of 6 months or more.

"Expected date of birth": The day certified by a medical practitioner, to be the day on which the birth of the child of the employee, or employee's spouse is expected.

"Maternity leave": Unpaid parental leave of up to 12 months taken by a female employee in connection with her pregnancy, and the subsequent birth of a child.

"Parental leave": Any period of maternity leave, paternity leave and/or adoption leave of up to 12 months taken in connection with the birth or adoption of a child.

"Paternity leave": Unpaid parental leave of up to 12 months which is taken by a male employee in connection with the birth or adoption of a child. Such an employee is permitted to take one week of unpaid paternity leave immediately after the birth or adoption of a child, in conjunction with any leave taken by his spouse.

35.1.1 Employees are entitled to parental leave in connection with the birth or adoption of a child, in accordance with this clause.

35.1.2 Parental leave only applies to part-time or full time employees. Temporary full time or part-time employees on fixed term contracts are only eligible for parental leave for the duration of their fixed term contract of employment.

35.1.3 For female employees parental leave may, at the employee's discretion, commence prior to 6 weeks before the expected date of birth of the child.

35.1.4 The minimum period of absence on maternity leave will commence six weeks before the expected date of birth and end six weeks after the day on which the birth has taken place, however an employee may apply to the Managing Director to vary this period provided her application is supported by a certificate from a registered medical practitioner indicating that the employee is fit to continue or resume duty within this minimum period.

35.2.1 An employee must comply with the certification and notice requirements to be entitled to parental leave, unless these requirements are waived by the employer.

35.2.2 Any entitlement to parental leave is reduced by any amount of parental leave taken by the employee's spouse in relation to the same child. Parental leave is not to be taken simultaneously by both parents, except during one week of paternity leave taken immediately after the birth or adoption of a child.

An employee is to give the employer at least 10 weeks written notice of the intention to take parental leave other than for the purposes of adoption and of the expected duration of the leave.

Where in the opinion of a registered medical practitioner illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue her present work, she may be transferred to a safe job, at the rate and on the conditions attached to that job or at the employee's substantive level, whichever is the higher, until the employee commences parental leave.

35.5 Variation and/or cancellation of parental leave period

35.5.1 The period of parental leave may be lengthened or shortened by Agreement between the employer and the employee, provided that the amount of leave does not exceed the maximum allowed.

35.5.2 The employee must where practicable give the employer 14 days written notice of any request to vary the period of leave.

35.5.3 Parental leave applied for, but not commenced, by an employee for any reason is cancelled. Reasons for cancellation include, but are not limited to:

35.5.3(a) where a pregnancy terminates, other than by the birth of a living child;

35.5.3(b) or where a planned adoption or placement of a child does not proceed.

35.5.3(c) An employee must notify the employer of any change in certification details.

35.6.1 Where the pregnancy of an employee terminates after 28 weeks, other than by the birth of a living child, and the employee is not on parental leave, she is entitled to sick leave in accordance with Award entitlements.

35.6.2 An employee who suffers any illness or injury related to her pregnancy and/or the birth whilst on parental leave cannot utilise sick leave entitlements.

35.6.3 An employee may utilise sick leave entitlements in accordance with clause 27.1 - Sick Leave when not on parental leave.

An employee is entitled to special unpaid adoption leave of up to 2 days to attend any compulsory interviews, examinations or the like which are required by the adoption procedure.

35.8 Effect of parental leave on leave entitlements and employment

35.8.1 Any absence on parental leave will not break the continuity of service.

35.8.2 However, absence on parental leave will not be taken into account for the purpose of salary increment progression. Paid leave entitlements such as annual leave, long service leave and public holidays will not accrue during any period of parental leave.

35.8.3 An employee may, instead of or in conjunction with parental leave, take annual leave or long service leave entitlements to which he or she is entitled.

An employee proceeding on parental leave may elect to utilise:

for the whole or part of the period referred to in subclause 35.1 of this clause. The periods of leave referred to in paragraphs 35.8.3(a) and 35.8.3(b) of this subclause, which are utilised, will be paid leave.

35.9.1 Before the employer engages a replacement employee (including a temporarily promoted or transferred employee), the employer must inform that person of the temporary nature of the employment, and of the rights of the person on parental leave who is being replaced.

35.9.2 The employer does not have to engage a replacement employee if one is not required.

35.10.1 An employee must confirm to the employer an intention of returning to work prior to re-commencing work.

35.10.2 An employee returning to work from parental leave is entitled to the position held immediately before beginning parental leave. Where the employee was transferred to a safe job, the employee is entitled to return to the position occupied immediately prior to transfer.

35.10.3 Where the position no longer exists, the employee is entitled to the same classification and pay to that of the employee's former position, and for which the employee is qualified and capable of performing.

35.10.4 Where immediately before commencing parental leave, an employee was acting in a higher position, or performing additional duties on a temporary basis, this subclause only applies in respect of the position held by the employee immediately before taking the acting or temporary position.

35.11 Termination of employment and parental leave

35.11.1 An employee may terminate his or her employment at any time during a period of parental leave, by giving the employer the appropriate period of notice detailed in the relevant award.

35.11.2 The employer must not terminate an employee or transfer them from their existing position on the grounds of the employee's parental leave application and/or absence on parental leave.

36.1 Emergency Service Leave may be granted to an Employee who is an active volunteer member of the:

• Western Australian State Emergency Service;
• Western Australian Bush Fire Brigade;
• St John Ambulance Brigade;
• Defence Force Reserves;
• Sea and rescue associations; or
• Other similar Authorities or bodies, recognised by the College.

to attend emergencies as declared by the recognised Authority or body provided that it does not interfere with essential customer service and work requirements.

36.2 If an employee is an active member of a recognised Authority or body they are to advise the College of membership in writing at the commencement of employment or membership in order to seek leave to attend emergencies.

36.3 The employer will be advised as soon as possible by the employee, the emergency service or such other persons as to the absence and, where possible, the expected duration of the absence. Such advice will be provided within 24 hours of the event or activity requiring the person's absence.

36.4 The employee must complete a leave of absence form immediately upon return to work.

36.5 The application form must be accompanied by a certificate from the emergency organisation certifying that the employee was required for the specified period. If a certificate of attendance is not provided from the emergency service organisation absence may be considered to be leave without pay. If the absence is deemed to be leave without pay, any adjustment in entitlements arising as a result of not proving a certificate of service will be processed in the next scheduled pay period.

36.6 An employee, who during the course of the emergency volunteers their services to an emergency service organisation, will comply with subclauses 36.2 to 36.5 inclusive.

36.7 Such leave will not affect any continuity of service for the purpose of higher duties arrangements or eligibility for allowances.

36.8 An employee may be granted reasonable Community Service Leave, subject to proof, to donate blood products to the Red Cross Blood Bank.

Annual leave loading provisions in the GOSAC Award have been absorbed and no longer apply.

38.1 Employees may receive 4 years salary over a period of five years, with no attendance at work required in the fifth year, in accordance with the College's Policy and Guidelines.

38.2 The employer and an employee may agree to enter into any other similar arrangements involving different periods of time, in accordance with the Policy and Guidelines.

PART 7: TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK

An employee may make application to the College to engage in home based work subject to the College's Home Based Work policy.

40.1 This clause replaces Clause 42. - Travelling Allowance of the Government Officers' Salaries, Allowances and Conditions Award in its entirety.

40.2 An employee who travels on official business will be reimbursed reasonable expenses on the basis of the production of receipts for reasonable expenses. Reasonable expenses will include but not be limited to accommodation costs, purchase of meals as necessary, and cost of transport to destination.

40.3 In addition to clause 40.2 - Travelling Allowance above, an employee will be reimbursed reasonable incidental expenses such as train, bus and taxi fares, official telephone calls, laundry and dry cleaning expenses, on production of receipts.

40.4 If on account of lack of suitable transport facilities, an employee necessarily engages reasonable accommodation for the night prior to commencing travelling on early morning transport the employee will be reimbursed the actual cost of such accommodation.

40.5 Reimbursement of expenses will not be suspended should an employee become ill whilst travelling, provided leave for the period of such illness is approved in accordance with provisions of Clause 28.1 - Sick Leave of this Agreement, and the employee continues to incur accommodation, meal and incidental expenses.

40.6 Reimbursement claims for travelling in excess of 14 days in one month will not be passed for payment by a certifying employee unless the Managing Director has endorsed the account.

40.7 An employee who is relieving at or temporarily transferred to any place within a radius of fifty (50) kilometres measured from the employee's headquarters will not be reimbursed the cost of midday meals purchased, but an employee travelling on duty within that area which requires absence from the employee's headquarters over the usual midday meal period will be, on the production of receipts, for each meal necessarily purchased, provided that: -

40.7.1 such travelling is not a normal feature in the performance of the employee's duties; and

40.7.2 such travelling is not within the suburb in which the employee resides.

41.1 The College may transfer, at the same level of classification, an officer from one office, post or position within the College to another such office, post or position, for which that officer possesses the appropriate qualifications and skills, provided the College considers it to be in its interests to do so. Such transfers include the transfer of an employee from one campus of the College to another campus of the College.

41.2 The decision to transfer will be equitable and free from bias.

41.3 If the College transfers an employee in accordance with subclause 41.1 of this Clause it will comply with the following:

41.3.1 The transfer will be at the employee's current classification level;

41.3.2 The transfer will not result in a loss of the employee's continuity of service;

41.3.3 The transfer will not change the tenure of the employee;

41.3.4 The College's and employee's needs will be taken into account in the transfer decision. The employee's needs include distance of new work site from place of residence, skills, qualification and experience of the employee, requirement to undertake training to perform the duties of the new position.

41.3.5 The employee will be notified of the transfer decision and arrangements. The College will give the employee at least four weeks notice of intention to transfer.

41.3.6 Policies relating to transfer will be documented, equitable, free from bias, applied consistently and accessible to College employees.

41.3.7 The decisions and processes relating to transfer will embody the principles of natural justice including access to documentation specifically relating to the particular employee's transfer, explanation as to the reasons for the transfer and consultation with the employee where their input is taken into consideration;

41.3.8 The transfer decision will be capable of review; and

41.3.9 The appropriate confidentiality will be observed.

41.4 The College must adhere to the Public Sector Standards in Human Resource Management standard regarding transfer.

41.5 The College will act in accordance with the report and implement any recommendations of a reviewer selected by the Commissioner for Public Sector Standards to investigate any suspected breach of standard in accordance with s.15 of the Public Sector Management (Review Procedures) Regulations 1995.

41.6 If the College does not act in accordance with and implement the recommendations of the reviewer selected by the Commissioner for Public Sector Standards, the College will be in breach of the Agreement.

41.7 Should an application for a breach of the Public Sector Standard relating to Transfer be lodged with the Managing Director within 15 days of an employee being notified of a decision to transfer and a review of the transfer be carried out, the status quo will remain until such time as the reviewer has made recommendations.

Annual Salary as at First Pay Period on or After March 15, 2002

* The payment of this increase is subject to the approval of the Cabinet Standing Committee on Labour Relations

Staff will actively participate in the development and implementation of a Productivity Improvement Plan/s (PIP/s) as determined by the Managing Director.

PIPs may be developed at the College or Campus level, or any combination as determined by the Managing Director.

The PIP/s may involve changes to work practices, but will not involve changes to award/agreement/enterprise bargaining agreement employment conditions.

Subject to the approval of the Cabinet Standing Committee on Labour Relations, a 3% pay increase will be paid to employees from the first pay period on or after 15 March 2002 for productivity improvements.

SCHEDULE C: SIGNATORIES OF PARTIES TO THE AGREEMENT

The following signatories are authorised to sign this Agreement.

______Signed____________________________Date_20/12/00___

Mr Ian Hill, Chief Executive, Western Australian Department of Training and Employment

Signed for and on behalf of the Civil Service Association of Western Australia (Inc) by

______Signed____________________________Date__20.12.2000__Common Seal