1
western australian public sector (civil Service
Association) Enterprise Bargaining Framework
Agreement 1995
No. PSA AG 3 of 1995
1. - TITLE
This Agreement shall be titled the Western Australian Public Sector (Civil Service Association) Enterprise Bargaining Framework Agreement 1995.
1A. - STATEMENT OF PRINCIPLES - JUNE, 1998
It is a condition of this award/industrial agreement that any variation to its terms on or from the 12th day of June, 1998 including the $14, $12 and $10 per week arbitrated safety net adjustments, the increase in the adult minimum wage to $373.40 per week and previous arbitrated safety net adjustments, shall not be made except in compliance with the Statement of Principles - June, 1998 set down by the Commission in Matter No. 757 of 1998.
1B. - MINIMUM ADULT AWARD WAGE
(1)No adult employee shall be paid less than the Minimum Adult Award Wage unless otherwise provided by this clause.
(2)The Minimum Adult Award Wage for full time adult employees is $359.40 per week payable from the beginning of the first pay period commencing on or after 14th November 1997.
(3)The Minimum Adult Award Wage of $359.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions to November 1997, including the $10.00 per week arbitrated safety net adjustment from Matter No.940 of 1997.
(4)Unless otherwise provided in this clause adults employed as casual or part time employees shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked.
(5)Juniors shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision to the Minimum Adult Award Wage of $359.40 per week.
(6)(a)The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on traineeships or Jobskills placements, or to other categories of employees who by prescription are paid less than the minimum award rate.
(b)Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage.
(7)Subject to this clause the Minimum Adult Award Wage shall—
(a)apply to all work in ordinary hours.
(b)apply to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave and for all other purposes of this award.
2. -ARRANGEMENT
1.Title
1A.Statement of Principles – June, 1998
1B.Minimum Adult Award Wage
2.Arrangement
3.Purpose of Agreement
4.Application and Parties Bound
5.Term of Agreement
6.No Extra Claims
7.Objectives
8.Framework and Principles for Agency Bargaining and Agreements
9.Rates of Pay and their Adjustment
10.Resources for Agency Negotiations
11.Dispute Avoidance and Settlement Procedures
ATTACHMENT1General Principles of Public Administration and Management
ATTACHMENT2List of Agencies
ATTACHMENT3Framework for Developing a Workplace Change Agenda
3. - PURPOSE OF AGREEMENT
(1)This Agreement puts in place a process for agencies to negotiate agreements which achieve improvements in productivity and efficiency and the enhanced performance of agencies covered by it and allows the benefits from those improvements to be shared by employees, agencies and the Government on behalf of the Community.
(2)This Agreement places priority on the parties at the agency level taking responsibility for their own labour relations affairs and reaching agreements appropriate to their agency.
4. - APPLICATION AND PARTIES BOUND
(1)Subject to subclause (2) hereof, this agreement applies to the Civil Service Association of WA Incorporated (CSA) and to the employing authority in each of the public sector agencies listed in Attachment 2.
(2)(a)This Agreement applies to those agencies that already have a registered industrial agreement which resulted in a wage increase through enterprise bargaining if both parties agree to renegotiate and replace their existing agreement prior to its expiry. The agreement to renegotiate an agreement is to be committed to writing by the parties. The unexpired Agreement shall continue to have application for the duration of its term subject to its replacement with a new registered agency agreement.
(b)This Agreement applies to those agencies which do not have a registered industrial agreement but who have progressed negotiations to an advanced stage, including a salary offer, if one of the parties to the negotiations wishes to recommence negotiations in accordance with this Agreement and that position is confirmed in writing to the other party.
(3)If the parties agree, pursuant to subclause (2)(a) hereof, to renegotiate and replace an existing agreement, then the minimum increases provided in clause 9 hereof shall be calculated having regard to salary rates which had been payable prior to that agreement.
(4)Nothing in this agreement shall prevent a party from retiring from a registered Agreement in accordance with Section 41 of the Industrial Relations Act, 1979.
5. - TERM OF AGREEMENT
(1)This Agreement shall operate for a period of 2 years from the date on which this Agreement is signed by the parties.
(2)The parties to this Agreement agree to re-open negotiations at least six months prior to the expiry of the period of this Agreement.
6. - NO EXTRA CLAIMS
(1)This agreement is in settlement of Application Numbers P51-P58 and 1169 of 1994. The parties agree that where agreements are reached at agency level and registered there will be no further claims over matters encompassed by those agreements.
(2)The provisions of subclauses 4(2) and 4(3) hereof have no application once an agency agreement pursuant to this Agreement is registered.
7. OBJECTIVES
(1)The parties agree that the objectives of this Agreement are to:
(a)improve productivity and efficiency in the agencies covered by this agreement,
(b)ensure that gains achieved through agreements from improved productivity and changes in workplace culture are shared by employees, agencies and their clients and the Government on behalf of the community,
(c)ensure that agencies operate in a manner consistent with the principles outlined in Section 7 of the Public Sector Management Act (Attachment1),
(d)promote employment security through the improvement of the efficiency and effectiveness of public sector agencies,
(e)facilitate greater decentralisation and flexibility in negotiating employment conditions and work arrangements at the agency level, and
(f)develop and pursue changes on a cooperative basis.
8. - FRAMEWORK AND PRINCIPLES FOR AGENCY BARGAINING AND AGREEMENTS
(1)(a)The negotiations should occur on the basis of a broad agenda of initiatives designed to increase efficiency, productivity and flexibility within the agency and the effectiveness of program and service delivery.
(b)The agenda should be aimed at achieving “best practice” and may include but not be limited to
(i)changes in work organisation, job design and working patterns and arrangements,
(ii)new training and skills development programs as and where required,
(iii)the optimum use of human and capital resources including new technology,
(iv)quality assurance and continuous improvement programs, and
(v)examination of terms and conditions of employment to ensure they are suited to the agency’s operational requirements.
Examples of issues that can be the subject of negotiation are outlined in Attachment 3.
(c)Agency level improvements or changes in remuneration and working conditions may be negotiated in accordance with arrangements established under this clause and the objectives outlined in clause 7.
(d)Following the receipt of a request from the CSA to negotiate an agreement on behalf of its members in the agency, a representative from the agency will meet with a representative from the CSA to discuss the request as soon as practicable but in any event within 5 working days of the receipt of the request
The discussions should include process issues such as what sort of bargaining mechanism will be established, what consultative process can be used or needs to be put in place, possible initiatives to be considered and the time frame.
Agency level negotiations will be conducted in a manner and time frame agreed by the parties at the agency level.
The time frame should ensure that an agreement is negotiated by 1 January 1996.
(2)In negotiating agreements parties should ensure that the following issues have been addressed and applied:
(a)Principles
The parties should ensure that the agreement addresses the objectives outlined in clause 7 hereof and does not provide for a reduction in the level of service provided by the employees covered by the agreement.
(b)Past Productivity
When considering the inclusion of past productivity it is important to ensure that the agreement does not include issues that have been the subject of previous agreements i.e. no double counting. Any past productivity initiatives shall be discounted for the two arbitrated safety net adjustments payable in accordance with the December 1994 State Wage Decision or any other increases in wages that have occurred as a result of measures introduced to improve the efficiency and effectiveness of the agency.
Agreements must allow parties to implement initiatives designed to improve the efficiency and effectiveness of the agency.
Proposed agreements containing only retrospective initiatives will not be approved but when coupled with relevant measures of a prospective nature will be considered as a package.
(c)Sharing Gains from Productivity Improvement
The parties accept that there is no precise formula for the sharing of gains from productivity improvements, but in any agreement, in addition to employee benefits, there must be a clear and specific return to the Government. Productivity improvements may be related to work practices or arrangements, subject to acceptance that where capital expenditure requires changes in work methods and/or the number of employees and the changes are of a nature that enhances the investment, it shall qualify as a productivity improvement, provided that there is a net benefit to the agency.
Agreements should not rely primarily on improvements which are merely the result of good management, new technology or financial reforms/initiatives. For example, in the case of capital investment (technology), changes arising from capital expenditure, for which the agency takes the risk and which require a reasonable return on the funds invested, do not necessarily count as a productivity improvement.
The treatment of improved efficiency arising from major capital expenditure is to be agreed by the parties to each agency agreement.
Where employees repackage or sacrifice employment conditions, eg. extra public holidays, this can be considered as salary packaging and all or most of the saving or productivity improvement made by the agency can be returned to the employees.
(d)Quantum and Timing of Increases
The quantum of any pay increase should not be determined by the agency’s capacity to pay. While there is no actual ceiling on pay increases, there is a limit as to how much can or should be paid for specific operational improvements. The parties should be mindful of the value placed on specific operational improvements by other agencies.
(e)Relationship Between Agreements and Awards
Consistent with the Industrial Relations Act 1979 and the State Wage Principles, agency agreements should not for their term contain any link with awards and potential award wage increases unless there are persuasive reasons for so doing. Where an agency is proposing an agreement, the agreement should provide the whole of the employees’ wage increase for the life of the agreement.
(f)Choice Between Enterprise Agreements and Awards or Workplace Agreements
The parties accept that the principles to be applied regarding choice between enterprise agreements and awards or workplace agreements shall be as follows:
(i)no employee can be required to sign a workplace agreement and an existing employee retains the option of staying under the relevant industrial award,
(ii)the requirement of providing employees a choice includes , consistent with clause 8 of this agreement, an obligation on the agency to negotiate an enterprise agreement if requested by the union on behalf of its members,
(iii)there is an onus on agencies to ensure that existing employees are not subject to enterprise agreements and the award or workplace agreements if they do not so choose. A choice should be afforded to these employees of working under either an enterprise agreement and the award or a workplace agreement, and
(iv)the parties will ensure that every employee’s choice is an informed and free one.
If agreement on any aspect of this clause is not able to be reached the dispute settlement procedure set out in clause 11 hereof is to be followed.
9. - RATES OF PAY AND THEIR ADJUSTMENT
(1)Wage Adjustments
(a)Subject to this agreement agency enterprise bargaining agreements shall provide for minimum salary increases payable as follows:
(i)A first increase of 4% from 1 January 1996,
(ii)A second increase of 2% from 1 July 1996 or 6 months after the operative date of the first increase, whichever is the later, and
(iii)A third increase of 1% from 1 January 1997 or 12 months after the operative date of the first increase, whichever is the later.
(b)Subject to subclause (2) hereof, the parties may vary the:
(i) size of the increases specified in this clause,
(ii)operative dates of the increases, or
(iii)the number of increases payable.
but so as to not diminish the outcome in paragraph (a) of this subclause.
(2)The Minimum Increases
(a)Subject to this agreement parties may access the minimum increases upon registration of and in accordance with their Agreement registered by the Western Australian Industrial Relations Commission.
(b)Subject to the conditions on retrospectivity outlined in subclause (3) hereof, if an agreement is reached and lodged in the Western Australian Industrial Relations Commission after 1 January 1996 but by 31 March 1996, the first increase shall be operative from 1 January 1996.
(c)Subject to the conditions on retrospectivity outlined in subclause (3) hereof, if an agreement is reached and lodged in the Western Australian Industrial Relations Commission after 31 March 1996 but by 1 July 1996 the first increase shall be operative from the date three months prior to the date of lodgement.
(d)The increases outlined above are in addition to the 1st and 2nd arbitrated safety net adjustments. However, if the third arbitrated safety net adjustment referred to by the Western Australian Industrial Relations Commission in its December 1994 State Wage Case Decision becomes available during the period of this Agreement, it shall be absorbed into any agency agreement which provides a salary increase in excess of that provided by the third arbitrated safety net adjustment.
(e)Payment of the second and third increases will be made having regard to:
(i)the continued commitment of the parties to the objects of the agreement and the implementation of the initiatives and reforms included within it ,
(ii)whether the reforms agreed have been implemented or whether they are in the process of being implemented, and
(iii)whether budget targets included in an agency agreement as a measure of increased productivity, efficiency or effectiveness, have been met.
Subject to the parties having complied with all the requirements placed on them by the agency agreement, employees will not be disadvantaged by Government decisions which impact directly on that agreement.
(3)Criteria for Determining Retrospectivity
The conduct of the parties and their genuineness in their desire to reach agreement is relevant to the question of operative date. The criteria to be considered in determining whether the parties genuinely sought to reach agreement include the following:
(a)Whether the CSA sought to initiate negotiations in a timely fashion,
(b)Whether the parties attended meetings that they had agreed to attend,
(c)Whether the parties complied with agreed negotiating procedures,
(d)Whether the parties capriciously added or withdrew items for negotiation,
(e)Whether relevant information, as appropriate for the purposes of reaching agreement, was provided,
(f)Whether the negotiations have taken place over a long period of time,
(g)Whether the parties sought the assistance of the Western Australian Industrial Relations Commission to resolve issues in dispute, and
(h)Whether the parties had reached an “in principle” agreement.
10. - RESOURCES FOR AGENCY NEGOTIATIONS
(1)It is recognised that agency bargaining places considerable obligations upon the parties at the agency level.
(2)To assist in meeting these obligations, agencies will assist by providing appropriate resources having regard to the operational requirements of the agency and resource requirements associated with developing the agreement.
It is accepted that employees in the enterprise who are involved in the enterprise bargaining process will be allowed reasonable paid time to fulfil their responsibilities in this process.
Access to resources shall be negotiated at an agency level and shall not unreasonably affect the operation of the agency.
Any paid time or resources shall be provided in a manner suitable to both parties and to enable negotiations to occur and to assist in the achievement of an agency agreement.
Parties accept that the process of bargaining in good faith includes disclosing relevant information, as appropriate for the purposes of the negotiations and confidentiality and privacy in the negotiation process will be respected at all times.
The parties accept that on occasions the nature of certain information may prejudice a party’s position or not assist in the resolution of the matter. Subject to the rights of the parties to invoke clause 11 hereof, a decision on whether or not to exchange or divulge information will be a matter for the relevant party to decide.
Where information of a commercial or sensitive nature is exchanged the parties agree not to use or divulge that information outside of the negotiating forums. Negotiating forums include consultants or CSA Industrial Officers where advice is sought from them.
(3)No officer or employee will be discriminated against as a result of activities conducted in accordance with this clause.
11. - DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES
(1)The objective of these procedures is to provide a set of provisions for dealing with any question or dispute that arises between the parties about the meaning or the effect of this Agreement or disagreement between the parties during agency negotiations.
(2)In the event of any disagreement between the parties as to the application of Government policy and the Wage Principles and/or their effect upon the agency agreement the Department of Productivity and Labour Relations (DOPLAR) is to provide advice to the agency in an attempt to resolve the matter.
(3)In the event of any question, dispute or disagreement under subclause (1) hereof, arising between the parties, the following procedures shall apply:
(a)The matter is to be discussed between the CSA employee representative and the employer representative and an attempt made to resolve the matter,