2011 WAIRC 00874
WESTERN AUSTRALIA POLICE SCHOOL TRAFFIC WARDEN’S AGREEMENT 2011
No. AG 16 of 2011
1.TITLE
This Agreement shall be known as the Western Australia Police School Traffic Wardens Agreement 2011.
2.ARRANGEMENT
PART 1: APPLICATION OF THE AGREEMENT
1.Title
2.Arrangement
3.Definitions
4.Purpose of Agreement
5.Application and Parties Bound
6.Scope
7.Term of Agreement
8.No Further Claims
PART 2: WAGES AND RELATED MATTERS
9.Wages
10.Recovery of Underpayments
11.Recovery of Overpayments
PART 3: CONTRACT OF EMPLOYMENT
12.Casual Employment
13.Part Time Employment
14. Hours of Work
15.Working with Children Checks
PART 4: LEAVE
16.Annual Leave
- Public Holidays
- Bereavement Leave
- Personal Leave
- Parental Leave
- Partner Leave
- Unpaid Grandparental Leave
- Cultural/ Ceremonial Leave
- Blood/ Plasma Donors Leave
- Emergency Services Leave
- Defence Force Reserves Leave
- Leave Without Pay
- Leave to Attend Association Business
- Trade Union Training Leave
- Witness and Jury Service
PART 5:ALLOWANCES
- Motor Vehicle Allowance
- Protective Clothing and Laundry Allowance
- District Allowance
PART 6: WORKFORCE MANAGEMENT AND CONSULTATION
34.Notification of Change
35.Joint Consultative Committee
36.Union Facilities for Union Representatives
PART 7: DISPUTE SETTLEMENT PROCEDURE
37.Dispute Settlement Procedure
PART 8: MISCELLANEOUS PROVISIONS
38.Keeping of and Access to Employment Records
39.Copies of Agreement
40.Signatures of Parties
Schedule 1Wages
Schedule 2Motor Vehicle Allowance
3.DEFINITIONS
3.1For the purposes of this Agreement the following definitions shall apply:
“Agency” means the Western Australia Police.
“Agreement” means the Western Australia Police School Traffic Wardens’ Agreement 2011.
"Casual employee" means an employee engaged by the hour, as determined by the Employer.
“De facto partner” means a relationship (other than a legal marriage) between two persons, of either different sexes or the same sex, who live together in a “marriage like” relationship, as provided for by the Interpretation Act 1984 as amended from time to time.
“Employee” means a person employed as a Traffic Warden, On-Road Assessor or Survey Officer by the Commissioner of Police under section 7 of the Road Traffic Act 1974.
“Employer” means the Commissioner of Police.
“Metropolitan area” means all of that area within a fifty kilometre radius of the Perth City Railway Station.
“On-Road Assessor” means a person who is appointed by the Commissioner of Police under Section 7 of the Road Traffic Act 1974 to primarily assess and monitor Traffic Wardens.
“Partner” means either spouse or de facto partner.
“Spouse” means a person who is lawfully married to that person.
“Survey Officer” means a person who is appointed by the Commissioner of Police under Section 7 of the Road Traffic Act 1974 primarily to assess children’s crossings, including determining their suitability and safety.
“Traffic Warden” means a person who is employed by the Commissioner of Police as a supervisor of a school traffic crossing under Section 7 of the Road Traffic Act 1974.
“Union” means The Civil Service Association of Western Australia Incorporated.
“WAIRC” means the Western Australian Industrial Relations Commission.
4.PURPOSE OF AGREEMENT
4.1The parties agree that the purpose of this Agreement is to provide wage increases as outlined in Clause 9 – Wages and a core set of employment conditions for employees bound by the Agreement.
5.APPLICATION AND PARTIES BOUND
5.1The parties bound by this Agreement are the Commissioner of Police and The Civil Service Association of Western Australia Incorporated.
5.2At the date of registration the approximate number of employees bound by this Agreement is 546.
6.SCOPE
6.1This Agreement shall apply throughout the State of Western Australia to all employees employed as Traffic Wardens, On-Road Assessors or Survey Officers who are members of or eligible to be members of The Civil Service Association of Western Australia Incorporated.
7.TERM OF AGREEMENT
7.1This Agreement shall operate from the date of registration in accordance with Section 41 of the Industrial Relations Act 1979 andwill expire on1 April 2014.
7.2The parties to this Agreement agree to re-open negotiations for a replacement Agreement at least six (6) months prior to the expiry of the Agreement with a view to implementing a replacement Agreement operative from2 April 2014.
8.NO FURTHER CLAIMS
8.1The parties to this Agreement undertake that for the term of the Agreement there will be no wage increases sought or granted other than those provided under the terms of the Agreement. This includes wage adjustments arising out of State Wage Cases.
8.2The parties to this Agreement undertake that for the term of the Agreement there will be no further claims on matters contained in the Agreement except where specifically provided for.
PART 2 WAGES AND RELATED MATTERS
9.WAGES
9.1The wages for employees covered by this Agreement shall be as provided at Schedule 1 – Wages of this Agreement.
9.2 Wages will be increased in accordance with the percentage increase provided in the Public Service and Government Officers General Agreement 2011, or any successor agreement.
9.3An employee who is employed by the employer on the date of registration of this agreement will, on registration of the agreement, receive a payment equivalent to the 3.75% additional wages that would have been paid had the wages in Schedule 1 been paid on and from 15 April 2011.
9.4An employee who resigns or retires or whose employment is otherwise terminated prior to the registration of this agreement is not entitled to the payment provided in clause 9.3.
9.5The second wage increase of 4.00% shall operate on and from 13 April 2012.
9.6The third wage increase of 4.25% shall operate on and from 12 April 2013.
Payment of Wages
9.7Wages shall be paid fortnightly but, where the usual pay day falls on a public holiday, payment shall be made on the previous working day.
9.8Wages shall be paid by direct funds transfer to the credit of an account nominated by the employee at a bank, building society or credit union approved by the employer.
9.9Provided that where such form of payment is impractical or where some exceptional circumstances exist, and by agreement between the employer and the Union, payment by cheque may be made.
10.RECOVERY OF UNDERPAYMENTS
10.1Where an employee is underpaid in any manner:
(a)the employer will, once the employer is aware of the underpayment, rectify the error as soon as practicable;
(b)where possible the underpayment shall be rectified no later than in the pay period immediately following the date on which the employer is aware that an underpayment has occurred; and
(c)where an employee can demonstrate that an underpayment has created serious financial hardship, the employee shall be paid by way of a special payment as soon as practicable.
10.2The employer shall compensate an employee for costs resulting directly from an underpayment, where it is proven that the costs resulted directly from the underpayment. This includes compensation for overdraft fees, dishonoured cheque costs, and dishonour fees related to routine deductions from the bank account into which an employee’s wagesare paid.
10.3Nothing in this clause shall be taken as precluding the employee’s legal right to pursue recovery of underpayments.
11.RECOVERY OF OVERPAYMENTS
11.1The employer has an obligation under the Financial Management Act 2006 to account for public monies. This requires the employer to recover overpayments made to an employee.
11.2Any overpayment will be repaid to the employer within a reasonable period of time.
11.3Where an overpayment is identified and proven, the employer will provide the employee with the written details of the overpayment and notify the employee of their intent to recover the overpayment.
11.4Where the employee accepts that there has been an overpayment, arrangements for the recovery of the overpayment will be negotiated between the employer and employee.
11.5If agreement on a repayment schedule cannot be reached within a reasonable period of time, the employer may deduct the amount of the overpayment over the same period of time that the overpayment occurred provided:
(a)the employer may not deduct or require an employee to repay an amount exceeding 10% of the employee’s net pay in any one pay period without the employee’s agreement; and
(b)where necessary, the employer may deduct money over a period of time greater than the period of time over which the overpayment occurred.
11.6If the employee disputes the existence of an overpayment and the matter is not resolved within a reasonable period of time, the matter should be dealt with in accordance with clause 37 - Dispute Settlement Procedure. No deductions relating to the overpayment shall be made from the employee’s pay while the matter is being dealt with in accordance with the Dispute Settlement Procedure.
11.7Nothing in this clause shall be taken as precluding the employer’s legal right to pursue recovery of overpayments.
11.8Where the employer alters the pay cycle or pay day, any consequential variations to an employee’s fortnightly wages and/or payments to compensate shall not be considered an overpayment for the purposes of this clause.
PART 3CONTRACT OF EMPLOYMENT
12.casual employment
12.1Wages
(a)A casual employee shall be paid for each hour worked at the appropriate rate contained in Schedule 1 - Wages of this Agreement with the addition of twenty percent in lieu of annual leave, personal (sick) leave, and payment for public holidays.
12.2Conditions of Employment
(a)Nothing in this clause shall confer "permanent" or "fixed term contract" employment status.
(b)The employment of a casual employee may be terminated at any time by the casual employee or the employer giving to the other, one hour's prior notice. In the event of the employer or casual employee failing to give the required notice, one hour's wages shall be paid or forfeited.
(c)A casual employee shall be informed that their employment is casual and that they have no entitlement to paid leave, with the exception of bereavement leave, before they are engaged.
12.3Caring Responsibilities
(a)Subject to evidence that would satisfy a reasonable person, a casual employee shall be entitled to not be available to attend work or to leave work if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.
(b)The employer and the casual employee shall agree on the period for which the casual employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
(c)The employer must not fail to re-engage a casual employee because the casual employee accessed the entitlements provided for in this subclause. The rights of the employer to engage or not engage a casual employee are otherwise not affected.
13.PART TIME EMPLOYMENT
13.1Each permanent part time arrangement shall be confirmed in writing and shall include the agreed period of the arrangement, and the agreed hours of duty.
13.2The parties recognise that Traffic Wardens are only required to work during school periods.
13.3The rate of pay for a part time employee shall be at the base rate of pay as specified in Schedule 1 – Wages and shall not include a loading of 20% payable to casual employees.
14.HOURS OF WORK
14.1.The hours of work will be between the span of 6am – 6pm, Monday – Friday as determined by the Employer.
14.2The parties recognise that Traffic Wardens are only required to work during school periods.
15.WORKING WITH CHILDREN CHECKS
15.1Where an employee is obliged to obtain a working with children check in accordance with the Working with Children (Criminal Record Checking) Act 2004, payment for the check shall be as follows:
(a)A new employee must pay for their initial working with children check. The employee will be reimbursed by the employer for the cost of obtaining a working with children check in accordance with the Agency’s policy.
(b)The employer must reimburse the cost for an employee’s working with children check renewals in accordance with the Agency’s policy.
15.2The provisions of this clause apply to all employees.
PART 4LEAVE
16.ANNUAL LEAVE
16.1Definitions:
(a)Accrued leave - is the leave an employee is entitled to from a previous calendar year and remains standing to their credit.
(b)Pro-rata leave - is the proportion of leave that an employee is entitled to in the current year, either from the date of commencement, or to the date of cessation.
16.2Entitlement
(a)Each employee is entitled to four weeks paid leave for each year of service. Annual leave shall be calculated on a calendar year basis commencing on January 1 in each year.
(b)On written application, an employee shall be paid wages in advance when proceeding on annual leave.
(c)The provisions of this clause do not apply to casual employees.
16.3 Accrual of Annual Leave Entitlement
(a)Entitlement
From the commencement of employment, an employee will accrue annual leave on a daily basis. At the end of each calendar day of the year the employee will accrue an amount of paid annual leave proportional to the hours worked provided the maximum accrual will not exceed 152 hours for each completed calendar year of service.
(b)(i)An employee employed prior to 1 January of each year may access a full entitlement to annual leave, as provided by subclause 16.2(a) of this clause, during the calendar year in which it accrues or anytime thereafter, but the time during which the leave may be taken is subject to the approval of the employer.
(ii)Unused annual leave in any year of accrual will carry forward to the next year to be taken at a future time.
(c)An employee who has been permitted to proceed on annual leave and who ceases duty before completing the required continuous service to accrue the leave, must refund the value of the unearned pro rata portion, calculated at the rate of wages as at the date the leave was taken, but no refund is required in the event of the death of an employee.
16.4Part-time entitlement
A part-time employee shall be granted annual leave in accordance with this clause; however payment to a part-time employee proceeding on annual leave shall be calculated having regard for any variations to the employee's ordinary working hours during the accrual period.
16.5Compaction of Annual Leave
An employee who, during an accrual period, was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the employee's ordinary working hours at the time of commencement of annual leave, may elect to take a lesser period of annual leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of annual leave.
16.6Additional leave for the North West
(a)An employee whose headquarters are located north of 26 degrees South latitude shall be entitled to accrue up to 38 hours leave in addition to the employee’s normal entitlement to annual leave.
(b)The intention of this clause is to provide the additional leave for North West employees on a pro rata basis without the requirement for an employee to first complete twelve months continuous service in the North West. An employee shall therefore accrue an amount of paid additional annual leave proportional to the hours worked at the end of each calendar day of the year, provided that the maximum accrual will not exceed 38 hours for each completed twelve month period of continuous service.
(c)An employee may proceed on leave by accessing the pro rata entitlement provided in sub clause 16.6(a).
(d)Where an employee is no longer located north of 26 degrees South latitude they shall cease to accrue the additional leave provided by this clause.
(e)The additional leave provided by this clause may be carried from one twelve month period of continuous service to another twelve month period.
16.7Employees shall not accrue additional leave for any period of leave without pay exceeding 14 continuous calendar days. The twelve month period of continuous service shall not include any period of leave without pay exceeding 14 continuous calendar days.
16.8Portability
(a)Where an employee was, immediately prior to being employed as a Traffic Warden, On-Road Assessor or Survey Officer, employed in:
any WesternAustralianState body or statutory authority as prescribed by Administrative Instruction 611,
the employer shall approve portability of accrued and pro rata annual leave entitlements held at the date the employee ceased that previous employment, provided that:
(i)the employee's employment as a Traffic Warden, On-Road Assessor or Survey Officer commenced not later than 7 consecutive calendar days after ceasing the previous employment; and
(ii)the employee was not paid out all or part of the accrued and pro rata annual leave entitlements held at the time of ceasing that previous employment.
16.9The maximum break in employment permitted by paragraph 16.8(a)(i) of this clause, may be varied by the approval of the employer provided that where employment as a Traffic Warden, On-Road Assessor or Survey Officer commenced more than one week after ceasing the previous employment, the period in excess of one week does not exceed the amount of accrued and pro rata annual leave paid out at the date the employee ceased with the previous employer.
16.10 The employer may direct an employee to take accrued annual leave and may determine the date on which such leave shall commence. Should the employee not comply with the direction, disciplinary action may be taken against the employee.
16.11Annual Leave Travel Concessions
(a)Employees stationed in remote areas
(i)The travel concessions contained in the following table are provided to employees and their dependants when proceeding on annual leave to either Perth or Geraldton from headquarters situated in District Allowance Areas 3, 4, 5 and 6 as prescribed by Clause 42 and Schedule G of the Government Officers’ Salaries, Allowances and Conditions Award 1989.
(ii)Employees are required to serve a year in these areas before qualifying for travel concessions. However, employees who have less than a year’s service in these areas and who are required to proceed on annual leave to suit departmental convenience will be allowed the concessions. The concession may also be given to an employee who proceeds on annual leave before completing the year’s service provided that the employee returns to the area to complete the year’s service at the expiration of the period of leave.
(iii)Only one annual leave travel concession per employee or dependant per annum is available.
(iv)The mode of travel is to be at the discretion of the employer.