Rottnest Island Authority Agency Specific Agreement 2007
No. PSAAG 6 of 2007
1.TITLE
This Agreement shall be known as the Rottnest Island Authority Agency Specific Agreement 2007 and replaces the Rottnest Island Authority Agency Specific Agreement 2005 (PSAAG No. 24 of 2005).
2.ARRANGEMENT
- Title
- Arrangement
- Definitions
- Purpose of Agreement
- Application and Parties Bound
- Term of Agreement
- No Further Claims
- Dispute Settlement Procedure
- Commuting
- Annualised Hours
- Overtime
- Part-time Employment
- Rangers Call-Out Arrangements
- Other Call-Out Arrangements
- Work Undertaken on Public Holidays
- Signature of Parties
Schedule 1 – Stay-Over Allowance.
3.DEFINITIONS
3.1For the purposes of this Agency Specific Agreement the following definitions shall apply.
a)“AAOH”, or Aggregate Annual Ordinary Hours, means the number of ordinary hours each Employee must work each year, starting from October 1st in one year and finishing September 30th in the following year. The AAOH for each Employee is calculated by multiplying the number of ordinary hours an Employee must work every week (37.5 hours) by 52, giving a total of 1950 hours.
b)“Agency” means the Rottnest Island Authority.
c)“Agency Specific Agreement” means the Rottnest Island Authority Agency Specific Agreement PSAAG 6 of 2007.
d)“Award” means the Public Service Award 1992 .
e)“Employee” means public service officers and executive Employees in the Public Service under Part 3 of the Public Sector Management Act 1994 employed by the Employer.
f)“Employer” means the Chief Executive Officer of the Rottnest Island Authority.
g)“General Agreement” means the Public Service General Agreement 2006 PSAAG 7 of 2006 or its replacement.
h)“Island” means Rottnest Island.
i)“Union” means The Civil Service Association of Western Australia Incorporated.
j)“WAIRC” means the Western Australian Industrial Relations Commission.
k)“Ordinary Time Rate” for an employee is the hourly rate as determined by using the calculations set out in Sub-clauses 11(3)(b) of the Award.
4.PURPOSE OF AGREEMENT
The parties agree that the purpose of this Agency Specific Agreement is to provide for employment conditions specific to the Rottnest Island Authority in accordance with Clauses 8 and 9 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 Inc and the Chief Executive Officer of the Rottnest Island Authority.
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 Agency Specific Agreement will prevail over the General Agreement and the Award to extent of any inconsistencies.
5.6At the date of registration the approximate number of Employees covered by this Agency Specific Agreement is 87.
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 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.
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 arising under this Agency Specific Agreement or in the course of the employment of Employees covered by this 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 Employer or his/her nominee.
8.5Where the dispute cannot be resolved within five (5) working days of the Union representatives’ referral of the dispute to the Employer 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.COMMUTING
9.1An Employee who commutes to and from the Island shall be subject to the following arrangements in relation to his/her employment:
a)The point of embarkation shall be the point designated by the Employer.
b)Hours of work shall start and finish on the job.
c)An Employee who, on any day travels to the Island by ferry to commence a shift and returns from the Island to the mainland after having completed a shift, shall be paid a commuting allowance equivalent to 30 minutes at ordinary time rates for that day. An Employee to whom this provision applies, but who only travels one way, shall be paid a commuting allowance equivalent to 15 minutes at ordinary time rates for that day.
d)Where the ferry or other transport operating at the designated departure time for an Employee to travel to the Island for work is cancelled due to bad weather or for reasons outside the control of the Agency, the Employee shall be provided with meaningful alternative work at the head office of the Agency for that day or, if no such work is available, then the Employee shall return home on full pay provided they have contacted and obtained permission from their supervisor. It is agreed between the parties that allocation of any alternative work will be undertaken in an equitable manner between all Employees affected by the ferry cancellation.
Where the ferry or other transport operating at the designated departure time for an Employee to leave the Island at the conclusion of a shift is cancelled due to bad weather or for reasons outside the control of the Agency, with the result that the Employee is unable to return to his/her ordinary place of residence that day, the Employee shall be provided with accommodation and with the necessary meals in the period up to their next shift. Provided that where meals are not provided the Employee shall be entitled to payment in accordance with Schedule 1 – Stay-over Allowance.
e)Where an Employee travels to the Island by ferry on any day to attend work and the arrival time of that ferry is delayed, the Employee shall be entitled to payment for the period of the delay at ordinary time rates of pay.
f) An Employee required to start or finish a shift on any day with the result that the Employee is unable to return to their ordinary place of residence on that day or subsequent day, then the Employee shall be provided with accommodation and with the necessary meals in the period up to their next commute away from the Island. Provided that where meals are notprovided the Employee shall be entitled to payment in accordance with Schedule 1 – Stay-over Allowance.
g)Where a vacancy occurs in any position, it shall be filled according to whether it is deemed by the Authority to be a residential or commuting position.
10.ANNUALISED HOURS
10.1The implementation of flexible working hours will recognise the strongly seasonal nature of the tourist industry on the Island, and the need to operate efficiently and effectively and provide superior service in a strongly competitive international market.
10.2(a)The ordinary hours of Employees subject to this Agreement shall be an average of thirty-seven and a half (37.5) hours per week.
(b)The ordinary hours of Employees will be worked within a spread of hours of 6.30 am to 8.30pm.
(c)(i)An unpaid meal break period of not less than thirty (30) minutes, shall be allowed on each day worked.
(ii)A meal break will be taken no more than five (5) hours after the commencement of a shift.
(iii)Where an Employee is directed to work through the lunch break, the Employee shall be entitled to an allowance equivalent to thirty (30) minutes at ordinary time rates and an additional credit of thirty (30) minutes to his or her AAOH.
(iv)Where an Employee is subsequently directed to take a meal break after five (5) hours, the Employee shall instead be paid at the rate of double time for the period elapsed between five (5) hours and the time the break is taken.
10.3Each employee, according to the nature of services being provided by different branches:
a)May be rostered to work on any day of the week, Monday to Sunday, including public holidays, and on any shift during these days.
In the organisation of the roster, single days off will be kept to a minimum, and used in the rostering system only when necessary. The roster will allow each employee two consecutive days off at least twice every three weeks, although other arrangements may be requested by an employee and agreed by management if these other arrangements can be accommodated in the roster.
b)Where the Agency decides to change a roster then in operation, the Agency shall give the employees concerned as much notice as is reasonably practicable prior to the introduction of that new roster.
c)Shall work a total number of hours per year equal to the Aggregate Annual Ordinary Hours (i.e. AAOH). The AAOH for each employee is calculated by multiplying the ordinary hours of work per week by 52, giving a total of 1950 hours per year.
10.4In order to recognise the Periods of High Demand for employees’ services and the corresponding Periods of Low Demand (normally, but not necessarily corresponding with the tourist season) the Agency, in consultation with its employees, shall organise the roster system to recognise the level of demand required as follows:
a)Period of High Demand - a shift roster where the shift length is no more than ten (10) hours.
Period of Low Demand - a shift roster where the shift length is not less than five and a half hours (5.5) hours, provided that by mutual agreement the minimum shift length may be varied.
b)All hours worked by an employee during the spread of hours as per Clause 10.2(b) of this Agreement will be credited to their AAOH.
c)All approved paid leave taken by an employee will be credited to their AAOH.
d)Where aggregate rostered actual hours exceed AAOH in a period of one year, time off at overtime rates shall be taken at a time mutually agreed, or paid in cash at overtime rates.
10.5Annualised hours will continue as soon as practicable after registration of this Agreement.
At the commencement of this Agreement all existing annualised hours credits will be preserved.
10.6Termination Pay
When an employee ceases his/her employment with the Authority, there will be a reconciliation of hours worked based on the pro rata AAOH and the actual hours worked. In cases involving a credit of hours, the employee will be paid for the extra hours at the ordinary time rate. Where there is a debit, an equivalent amount will be deducted from the termination pay.
10.7Recording Attendance
a)Employees will be required to maintain a record of daily hours worked, which is to be submitted fortnightly to the supervisor for verification. Progressive totals of hours worked will be carefully monitored to ensure that there are not excessive credits or debits, and if required, appropriate remedial action will be taken.
b)The employee can take remedial action by taking a block of leave by mutual agreement. If this cannot be agreed, remedial action will take the form of appropriate changes to rostering provided there is consultation with the employee. Any disagreement over roster changes that is still unresolved after consultation is to be settled through the Dispute Settlement Procedure.
c)Branch managers will institute reviews at least once each three months for this purpose.
11.OVERTIME
This clause shall be read in conjunction with Clause 22 - Overtime Allowance of the Award.
11.1Overtime shall only be recognised when authorised by the employer:
a)where the employee’s AAOH have been exceeded for that year, or
b)where the hours worked are outside the spread of hours (6.30am-8.30pm).
12.PART-TIME EMPLOYMENT
12.1All conditions contained in this Agency Specific Agreement will apply equally to part time employees employed on a permanent and fixed term basis who work less than full time hours, being an average of 37.5 hours per week.
12.2The AAOH for a part time employee will be calculated as a proportion of a full time employee’s AAOH and all the arrangements associated with annualised hours will apply to part time employees.
12.3A part-time employee shall be entitled to the same leave and conditions prescribed in this Agency Specific Agreement as for full-time employees, with payments proportionate to the appropriate full-time rate of pay, dependent upon time worked. Such payments in respect of annual leave and long service leave will be averaged where the employee's ordinary working hours have varied during the accrual period. Personal leave and any other paid leave shall be paid at the current salary, but only for those hours or days that would normally have been worked had the employee not been on such leave.
12.4A part-time employee’s regular days may be varied by mutual consent. If agreement cannot be reached, the employer will give the employee 4 weeks notice of the change.
13.RANGERS CALL-OUT ARRANGEMENTS
13.1A Ranger employed by the Agency who is required to return to duty:
(a)on any day of the week between the hours of 8.30pm and midnight shall be entitled to payment at the rate in accordance with subclause 22(3)(d) -Payment for Overtime - of the Award for a minimum of two hours.
(b)on any day of the week between the hours of midnight and 6.30am shall be entitled to payment at the rate in accordance with subclause 22(3)(d) -Payment for Overtime – of the Award for a minimum of three hours.
13.2For the purpose of this subclause, where a Ranger is required to return to duty more than once, each duty period shall stand alone in respect to the application of minimum period payment except where the second or subsequent return to duty is within any such minimum period.
13.3The provisions of subclause 13.1 and 13.2 of this clause shall not apply in cases where it is customary for an employee to return to the place of employment to perform a specific job outside the ordinary hours of duty, or where the overtime is continuous (subject to a meal break) with the completion or commencement of ordinary hours of duty.
14.OTHER CALL-OUT ARRANGEMENTS
14.1An employee, other than a Ranger, who is required to return to duty outside of the normal hours of duty shall be entitled to payment at the rate in accordance with subclause 22(3)(d) -Payment for Overtime - of the Award for a minimum of 30 minutes.
14.2For the purpose of this subclause, where an employee is required to return to duty more than once, each duty period shall stand alone in respect to the application of minimum period payment except where the second or subsequent return to duty is within any such minimum period.
14.3The provisions of subclause 14.1 and 14.2 of this clause shall not apply in cases where it is customary for an employee to return to the place of employment to perform a specific job outside the ordinary hours of duty, or where the overtime is continuous (subject to a meal break) with the completion or commencement of ordinary hours of duty.
15.WORK UNDERTAKEN ON PUBLIC HOLIDAYS
Work performed during ordinary rostered hours on a public holiday shall be paid at time and a half plus one day's pay and the actual hours worked will be credited to the AAOH.
16.
SIGNATURE OF PARTIES
Signed by Paolo Amaranti20/4/2007
...... Date......
Paolo Amaranti
Chief Executive Officer
Rottnest Island Authority
Signed by Toni Walkington14/5/07
...... Date......
Toni Walkington
General Secretary
The Civil Service Association of WA Inc
SCHEDULE 1– STAY-OVER ALLOWANCE
a)Allowances are to be provided for Breakfast and Dinner as per Item (12) of Schedule I of the Award.
b)An allowance for Incidental Expenses will be provided as per Item (1) of Schedule I of the Award.
ROTTNEST ISLAND AUTHORITY AGENCY SPECIFIC AGREEMENT 2007
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIESThe Executive Director, Labour Relations, Department of Consumer and Employment Protection on behalf of the Rottnest Island Authority
APPELLANT
-v-
The Civil Service Association of Western Australia Incorporated
RESPONDENT
CORAMPUBLIC SERVICE ARBITRATOR
Senior Commissioner J H Smith
DATEFRIday, 22 June 2007
FILE NOPSAAG 6 OF 2007
CITATION NO.2007 WAIRC 00541
ResultRegistered
Representation
ApplicantMr Z Gillam
RespondentMr S Farrell
Order
HAVING heard MrZGillam on behalf of the Applicant and MrSFarrell on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 ("the Act"), hereby orders:—
THAT the Rottnest Island Authority Agency Specific Agreement 2007 in the terms of the agreement filed on Thursday, 24May 2007 and amended on Thursday, 14June 2007 and Friday, 22June 2007, be registered under s41 of the Act as an industrial agreement in substitution for the Rottnest Island Authority Agency Specific Agreement 2005 (PSAAG24 of 2005).
Senior Commissioner J H Smith
PUBLIC SERVICE ARBITRATOR
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