government employees superannuation board (GESB) agency specific agreement 2005

Agreement No. PSAAG 6 of 2005

1. TITLE

This Agreement shall be known as the Government Employees Superannuation Board Agency Specific Agreement 2005 and replaces the Government Employees Superannuation Board Agency Specific Agreement 2003 No PSAAG 1 of 2003.

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 Procedures
  9. Working Hours
  10. Study Assistance
  11. Professional Memberships
  12. Signature of Parties.

3. DEFINITIONS

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

(a)  “Agency” means Government Employees Superannuation Board.

(b)  “Agency Specific Agreement” means Government Employees Superannuation Board Agency Specific Agreement 2005.

(c)  “Award” means the Public Service Award 1992.

(d)  “Employee” means public service officers or executive employees employed in the Public Service under Part 3 of the Public Sector Management Act 1994, employed by the Government Employees Superannuation Board.

(e)  “Employer” means the Chief Executive Officer of the Government Employees Superannuation Board.

(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 Government Employees Superannuation Board in accordance with Clause 9 of the General Agreement.

5. APPLICATION AND PARTIES BOUND

5.1 The parties bound by this Agency Specific Agreement are the Civil Service Association of WA Inc and the Chief Executive Officer of the Government Employees Superannuation Board.

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

5.3 This 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.

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

5.5 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.

5.6 At the date of registration the approximate number of employees covered by this Agency Specific Agreement is 200.

6. TERM OF AGREEMENT

6.1 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 2006.

6.2 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 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 PROCEDURES

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

8.2 The 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.

8.3 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 (3) working days. An employee may be accompanied by a union representative.

8.4 If the dispute is still not resolved, it may be referred by either party to the Chief Executive Officer or his/her nominee.

8.5 Where the dispute cannot be resolved within five (5) working days of the referral of the dispute to the Chief Executive Officer or his/her nominee, either party may refer the matter to the WAIRC.

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

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

9. WORKING HOURS

To be read in conjunction with Clause 13 – Hours of the General Agreement.

9.1 A full-time employee shall work flexible full-time hours of four hundred and eight seven (487) hours, thirty (30) minutes to be worked between the hours of 6.00 am and 6.00 pm over a settlement period of thirteen (13) consecutive weeks comprising Monday to Friday, with public holidays falling on a week day to count as seven (7) hours, thirty (30) minutes worked. An employee shall work no more than ten (10) hours maximum in any one day.

9.2 An employee is entitled to a meal break of at least 30 minutes between 12 noon and 2 pm, regardless of the time of commencing work. A meal break can be taken earlier by mutual agreement with the employer.

9.3 Overtime shall not be payable unless an employee is requested by the Employer, and the employee agrees, to work additional time in any of the following cases:

(a)  Before 6.00 am or after 6.00 pm Monday to Friday.

(b)  Any time on a Saturday or Sunday.

(c)  On a public holiday.

(d)  After the completion of 7.5 hours of work on any day Monday to Friday.

10. STUDY ASSISTANCE

To be read in conjunction with Clause 30. – Study Leave of the Award.

10.1 For the purpose of this Clause:

“an approved course of study” is any course which is acceptable to the Employer.

10.2 Any full-time, part-time, or fixed term contract employee may apply for study assistance. In respect of fixed term contract employees, the period of study assistance shall not extend beyond the term of their contract or the likely extension of their contract.

10.3 Study assistance in addition to time off with pay for study purposes will normally be granted by the Employer where an approved course of study being undertaken by an employee:

(a)  Is relevant to the current duties or duties likely to be performed by the employee;

(b)  Is relevant to the current and emerging needs of the GESB;

(c)  Enhances the career development of the employee within the GESB; and

(d)  Does not unduly affect or inconvenience the operations of the GESB.

10.4 Where the criteria specified at sub-Clause (3) of this Clause are met, the Employer shall:

(a)  Reimburse the employee for the cost of enrolment fees, Higher Education Contribution Surcharge, compulsory text books, compulsory computer software, and other necessary study materials. Half of the value of these costs shall be reimbursed immediately following production of written evidence of enrolment and costs incurred, and the remaining half shall be reimbursed following production of written evidence of successful completion of the subject for which reimbursement has been claimed. Under exceptional circumstances, the Employer may agree to vary the payment arrangements if requested by the employee.

(b)  Where the employee is receiving paid study leave in work time, the Employer will allow an employee one (1) day of study leave immediately prior to sitting the final examination for each subject being studied.

(c)  Where the employee is studying outside of working hours or through distance education, and is not receiving any paid study leave in work time, the Employer will allow an employee two (2) days of study leave immediately prior to sitting the final examination for each subject being studied.

(d)  Where an employee does not successfully complete a subject or subjects for which reimbursement has been claimed, the Employer shall make no further payments for study expenses until the employee repays any amount previously received for the subject or subjects that were not successfully completed.

11. PROFESSIONAL MEMBERSHIPS

11.1 An employee who is required to belong to a professional body or association as an integral part of their continuing employment with the Employer shall have their annual professional membership fees paid by the Employer.

11.2 An employee whose membership to a professional body or association will provide benefits to the Employer shall have their annual professional membership fees paid by the Employer.

12. SIGNATURES OF PARTIES

Signed 3 February 2005

Date

Michelle Dolin

Chief Executive Officer

GESB

Signed 3 March 2005

Date

Toni Walkington

General Secretary

The Civil Service Association of WA Inc

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