disability services commission (public servants) agency specific agreement 2006
PSAAG 18 of 2006
Disability Services Commission (Public Servants) Agency Specific Agreement 2006
1TITLE
This Agreement shall be known as the Disability Services Commission (Public Servants) Agency Specific Agreement 2006.
2ARRANGEMENT
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.After-Hours Contact System (Regional After-Hours Support Officers and Overnight Support Person)
10.Flexible Working Hours
11.Recovery of Overpayments and Personal Debts of Employees
12.Signatures of Parties
3DEFINITIONS
3.1For the purposes of this Agency Specific Agreement, the following definitions apply:
(a)“Agency” means the Disability Services Commission.
(b)“Agency Specific Agreement” means the Disability Services Commission (Public Servants) Agency Specific Agreement 2006.
(c)“Area Support Officer” means an employee who provides specialised administrative support relating to client outcomes and undertakes duties as directed by the Local Area Manager and the Local Area Supervisor.
(d)“Award” means the Public Service Award 1992.
(e)“Employee” means a person employed in the Public Sector by or under an employing authority.
(f)“Employer” means the Director General of the Disability Services Commission.
(g)“General Agreement” means the Public Service General Agreement 2006 (PSAAG 7 of 2006) or its replacement.
(h)“Overnight Support Person” means an employee who works in the after-hours contact system and provides after-hours telephone support to accommodation staff and responds to emergencies during the off-duty hours of Local Area Supervisors and Local Area Managers, as required.
(i)“Regional After-Hours Support Officer” means an employee who works in the after-hours contact system to provide support to accommodation staff for shift coverage and emergencies in order to maintain services.
(j)“Union” means the Civil Service Association of Western Australia Incorporated (the Association).
(k)“WAIRC” means the Western Australian Industrial Relations Commission.
4PURPOSE OF AGREEMENT
The parties agree that the purpose of this Agency Specific Agreement is to provide for employment conditions specific to the Disability Services Commission in accordance with clauses 5.5 and 9 of the General Agreement.
5APPLICATION AND PARTIES BOUND
5.1The parties bound by this Agency Specific Agreement are the Civil Service Association of Western Australia Incorporated and the Director General of the Disability Services Commission.
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.
5.5Where the provisions of the Award are inconsistent with this Agency Specific Agreement, the provisions of this Agency Specific Agreement shall prevail.
5.6Where the provisions of this Agency Specific Agreement are inconsistent with the General Agreement, the provisions of the General Agreement shall prevail, other than the provisions of Clause 5 – Application and Parties Bound and Clause 6 – Term of General Agreement.
5.7At the date of registration the approximate number of employees covered by this Agency Specific Agreement is 690.
6TERM OF AGREEMENT
6.1This Agency Specific Agreement shall operate from the date of registration in accordance with s.41 of the Industrial Relations Act 1979 (WA) and will expire on 31December 2008.
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 2009.
7NO 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.
8DISPUTE SETTLEMENT PROCEDURE
8.1Any questions, disputes or difficulties arising under the Agency Specific Agreement or in the course of the employment of employees covered by the Agency Specific Agreement, shall be dealt with in accordance with this clause.
8.2The employee/s and the manager with whom the dispute has arisen 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 by the employee/s or union representative to the Director General or his/her nominee.
8.5Where the dispute cannot be resolved within five (5) working days of the union representative’s 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.
9AFTER-HOURS CONTACT SYSTEM (REGIONAL AFTER–HOURS SUPPORT OFFICERS AND OVERNIGHT SUPPORT PERSON)
9.1The Regional After-Hours Support system will be reviewed as required.
9.2Regional After-Hours Support Officers will arrange staffing coverage of units during the off-duty hours of the Area Support Officers. Regional After-Hours Support Officers and/or the Overnight Support Person will respond to emergencies during the off-duty hours of the Local Area Supervisors and the Local Area Managers, as required.
9.3Where an employee, to whom this clause applies, has accrued TOIL, the following will apply:
(a)All accrued TOIL is to be taken with the prior approval of the line manager or designated officer and will be subject to operational requirements; and
(b)Employees may clear accrued TOIL during any part of a rostered shift (including by splitting a shift) or for the entire shift.
9.4The employer may direct the employee to take accrued TOIL by providing 24 hours notice prior to the commencement of the accrued TOIL period.
9.5The employer can direct the employee to take accrued TOIL for part of a shift, but cannot direct the employee to split a shift using accrued TOIL.
10FLEXIBLE WORKING HOURS
10.1The prescribed hours of duty for public servants will be 150 in a 4 week period to be worked Monday to Friday between the hours of 7.00am and 6.00pm.
10.2Where the employee requests and subject to approval from the employer, the prescribed hours may be varied.
10.3An employee may seek, in writing, to vary the prescribed hours of duty:
(a)to include a meal break longer than the prescribed meal break;
(b)to start duty earlier than the prescribed hours of duty;
(c)to finish duty later than the prescribed hours of duty; or
(d)to attend to personal business,
provided that prior approval has been obtained from the employer.
Where agreement is reached to vary the prescribed hours of duty, no overtime or other penalties/allowances will be paid.
10.4Where an employee is directed by the employer to work more than 7.5 hours in any one day, payment will be in accordance with Clause 22 - Overtime Allowance of the Award.
Accrued Extra Time
10.5By agreement between the parties, the prescribed hours may be varied to allow an employee to accumulate up to 75 hours of extra time in any 12 month period. Such hours will only be accumulated after consultation between the employee and the appropriate line manager as delegated by the employer.
10.6Hours will be recorded in a manner directed by the employer.
10.7Accrued extra time may be taken during ordinary hours in one or more of the following ways:
(a)part or single days by application.
(b)in conjunction with Annual or Long Service Leave.
(c)as a rostered day off per 4 week period.
Such time will be taken after consultation and authorisation from the employer.
11RECOVERY OF OVERPAYMENTS AND PERSONAL DEBTS OF EMPLOYEES
11.1The employer may recover any legally recoverable salary overpayments, which may occur to employees, or any personal debts owing to the Commission by employees arising from the course of their employment.
11.2The primary objective is to reach agreement on a mutually acceptable repayment timeframe, and the Commission’s preference is to recover the full amount in the current financial year.
11.3As soon as an overpayment or personal debt is discovered, the Commission will formally notify the employee in writing. Should an employee discover or suspect an overpayment or personal debt, it is advised that the employee contact Personnel Services in order to ascertain further details.
11.4Written notification will state the amount of the overpayment or personal debt and indicating possible methods of repayment.
11.5Repayment may be made in a lump sum or by instalments. If the repayment is to be made by instalments, the repayment schedule as agreed between the Commission and the employee must be confirmed in writing and signed by both parties.
11.6Payment may be made by cheque or payroll deduction. Payroll deductions may only be made if authorised in writing by the employee.
11.7Any dispute associated with the recovery of an overpayment should be initially discussed with the Manager, Personnel Services, who will:
(a)establish the validity of the overpayment or personal debt; and
(b)negotiate the repayment schedule with the employee.
If the parties fail to reach agreement over the quantum and/or schedule of repayments, the matter will be referred to the Director, Corporate and Business Services, who will make a final determination regarding the matter. The employee is entitled to meet with the Director, Corporate and Business Services, prior to the final determination with a view to resolving the matter. The final determination will require the employee to repay the amount owing over the same period of time as the overpayment or personal debt occurred or within six (6) months, whichever is the lesser, but in any case the repayment amount will not exceed 10% of the employee’s salary in a pay period. If a dispute still exists about the amount to be repaid following the Director, Corporate and Business Services’ final determination, the Commission may commence civil recovery of the debt.
12SIGNATURES OF PARTIES
Signed on behalf of the
Disability Services Commission
Signed20.9.06
Dr Ruth Shean Date …………….
DIRECTOR GENERAL
Signed for and on behalf of
The Civil Service Association of Western Australia Incorporated
SignedCommon Seal29.9.06
Toni WalkingtonDate …………….
GENERAL SECRETARY
DISABILITY SERVICES COMMISSION (PUBLIC SERVANTS) AGENCY SPECIFIC AGREEMENT 2006
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIESDisability Services Commission
-and-
CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED
CORAMPUBLIC SERVICE ARBITRATOR
Commissioner P E Scott
DATEFRIDAY, 1 DEC EMBER 2006
FILE NOPSAAG 18 OF 2006
CITATION NO.2006 WAIRC 05785
ResultAgreement Registered
Order
HAVING heard Mr B Cusack on behalf of The Civil Service Association of Western Australia Incorporated and Ms D Carnachan on behalf of Disability Services Commission, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders:
THAT the Disability Services Commission (Public Servants) Agency Specific Agreement 2006 in the terms of the following schedule be registered on the 29th day of November 2006 and shall replace the Disability Services Commission (Public Servants) Agency Specific Agreement 2003 (No. PSA AG 31 of 2003).
Commissioner P E Scott
PUBLIC SERVICE ARBITRATOR
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