DEPARTMENT OF INDUSTRY AND RESOURCES AGENCY SPECIFIC AGREEMENT
2005
1.TITLE
This Agreement shall be known as the Department of Industry and Resources Agency Specific Agreement 2005 and replaces the Department of Industry and Resources Agency Specific Agreement 2003 No. PSAAG 12 of 2003.
2.ARRANGEMENT
- Title
- Arrangement
- Definitions
- Purpose of Agreement
- Application and Parties Bound
- Term of Agreement
- No Further Claims
- Dispute Settlement Procedure
- Request to voluntarily work on a Sunday – Geological Survey Division
- Additional Vehicle Transfer
- Signature of Parties
3.DEFINITIONS
3.1For the purposes of this Agency Specific Agreement the following definitions shall apply.
a)“Agency” means the Department of Industry and Resources.
b)“Agency Specific Agreement” means the Department of Industry and Resources Agency Specific Agreement 2005.
c)“Award” means the Public Service Award 1992.
d)“Employee” means a public service officer or executive employee in the Public Service under Part 3 of the Public Sector Management Act1994 employed by the Employer.
e)“Employer” means the Director General of the Department of Industry and Resources.
f)“General Agreement” means the Public Service General Agreement PSA AG 2 of 2004 or its replacement.
g)“Union” means the Civil Service Association of Western Australia Incorporated.
h)“WAIRC” means the Western Australian Industrial Relations Commission.
4.PURPOSE OF AGREEMENT
The parties agree that the purpose of this Agency Specific Agreement is to provide for employment conditions specific to the Department of Industry and Resources in accordance with Clause 9. – Agency Specific Agreements of the General Agreement.
5.APPLICATION AND PARTIES BOUND
5.1The parties bound by this Agency Specific Agreement are the Civil Service Association of WA Incorporated and the Director General of the Department of Industry and Resources.
5.2This Agency Specific Agreement does not replace the General Agreement.
5.3This Agency Specific Agreement shall apply to all employees who are members or eligible to be members of the Union and who are covered by the General Agreement and the Award.
5.4This Agency Specific Agreement shall be read in conjunction with the Award and the General Agreement.
5.5Except 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.
5.6At the date of registration the approximate number of employees covered by this Agency Specific Agreement is 1,022.
6.TERM OF AGREEMENT
6.1This 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 2006.
6.2The 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 2007.
7.NO FURTHER CLAIMS
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
8.1Any questions, disputes or difficulties regarding the meaning and effect of this Agency Specific Agreement shall be dealt with in accordance with this clause.
8.2The employee/s and the manager/supervisor shall discuss the matter and attempt to find a satisfactory solution within three (3) working days. An employee may be accompanied by a union representative.
8.3If 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 (3) working days. An employee may be accompanied by a union representative.
8.4If the dispute is still not resolved, it may be referred either party to the Director General or his/her nominee.
8.5Where the dispute cannot be resolved within five (5) working days of the referral of the dispute to the Director General or his/her nominee, either party may refer the matter to the WAIRC.
8.6The period for resolving a dispute may be extended by agreement between the parties.
8.7At all stages of the procedure the employee may be accompanied by a union representative.
9. Request to voluntarily work on a Sunday – Geological Survey Division
9.1This arrangement only applies to Geologists and Field Officers (GS Officers) in the Geoplogical Survey Division who undertake field work.
9.2GS Officers who request to voluntarily work on a Sunday, but are not directed to, are entitled to time off in lieu (TOIL) equivalent to actual time worked on the Sunday, to a maximum of 7.5 hours worked.
9.3GS Officers shall take their TOIL on return to base within 2-months of it being accrued. If this is not possible, an alternative suitable time and in a manner that will have minimal impact on the effectiveness of work programs will be negotiated between the officer and employer. If time off in lieu cannot be cleared due to work commitments, it will not be lost.
9.4The provisions of this clause do not apply to casuals.
10.ADDITIONAL VEHICLE TRANSFER
10.1This clause shall be read in conjunction with Clause 51. - Removal Allowance of the Award.
10.2Where an employee is required to relocate in the public interest, or in the ordinary course of promotion or transfer and his/her dependants regularly use more than one vehicle, and all the vehicles regularly used by the employee or dependants are to be relocated to the new residence, the cost of transporting or driving more than one vehicle (with a limit of two) shall be deemed to be part of the removal costs. Reimbursement shall not exceed the amount prescribed by subclause (3) of Clause 47. - Motor Vehicle Allowance of the Award.
10.3Where only one vehicle is to be relocated to the new residence, the employee may choose to transport either a trailer, boat or caravan in lieu of the second vehicle. The employee may be required to show evidence of ownership of the trailer, boat or caravan to be transported.
10.4If the employee tows the caravan, trailer or boat to the new residence, the additional rate per kilometre is as per Clause 47. - Motor Vehicle Allowance of the Award.
11.SIGNATURES OF PARTIES
Signed10 June 2005
...... Date......
Dr Jim Limerick
Director General
Department of Industry and Resources
Signed20 June 2005
...... Date......
Toni Walkington
General Secretary
The Civil Service Association of WA Inc
DEPARTMENT OF INDUSTRY AND RESOURCES AGENCY SPECIFIC AGREEMENT 2005
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIESDIRECTOR GENERAL, DEPARTMENT OF INDUSTRY AND RESOURCES
-and-
CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA
CORAMPUBLIC SERVICE ARBITRATOR
COMMISSIONER P E SCOTT
DATETHURSDAY, 14 JULY 2005
FILE NOPSAAG 16 OF 2005
CITATION NO.2005 WAIRC 02045
ResultAgreement Registered
Order
HAVING heard Mr Q White on behalf of Director General, Department of Industry and Resources and Ms L Jacobson on behalf of the Civil Service Association of Western Australia Incorporated, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders:
THAT the Department of Industry and Resources Agency Specific Agreement 2005 in the terms of the following schedule be registered on the 14th day of July 2005 and shall replace the Department of Industry and Resources Agency Specific Agreement 2003 (No. PSA AG 12 of 2003).
COMMISSIONER P E SCOTT
PUBLIC SERVICE ARBITRATOR