DEPARTMENT OF LAND INFORMATION AGENCY SPECIFIC AGREEMENT PSAAG 5 of 2006

Transcription

1 DEPARTMENT OF LAND INFORMATION AGENCY SPECIFIC AGREEMENT 2006 PSAAG 5 of 2006

2 1. TITLE This Agreement is known as the Department of Land Information Agency Specific Agreement 2006 and replaces the Department of Land Administration Agency Specific Agreement 2003 (PSA AG 2 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. Hours of Work 10. Signatures of Parties 3. DEFINITIONS 3.1 For the purposes of this Agency Specific Agreement the following definitions apply: a) Agency means the Department of Land Information; b) Agency Specific Agreement means the Department of Land Information Agency Specific Agreement 2006; c) Award means the Public Service Award 1992; d) Employee means a public service officer or executive employee in the Public Service under Part 3 of the Public Sector Management Act 1994 employed by the Employer; e) Employer means the Chief Executive of the Department of Land Information; 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 Department of Land Information in accordance with clause 9 of the General Agreement. 5. APPLICATION AND PARTIES BOUND 1

3 5.1 The parties bound by this Agency Specific Agreement are the Civil Service Association of WA Inc and the Chief Executive of the Department of Land Information. 5.2 This Agency Specific Agreement does not replace the General Agreement. 5.3 This Agency Specific Agreement applies 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 TERM OF AGREEMENT 6.1 This Agency Specific Agreement shall operate from date of registration in accordance with Section 41 of the Industrial Relations Act 1979 and will expire on 31 December The parties to this Agency Specific Agreement agree to re-open negotiations for a replacement 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 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 supervisor 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 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 or his/her nominee, either party may refer the matter to the WAIRC. 2

4 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. HOURS OF WORK This clause replaces clause 20 - Hours of the Award and clause 13 Hours of the General Agreement, in their entirety. 9.1 Ordinary Hours of Duty An employee s ordinary hours of duty shall be 7 hours and 30 minutes per day to be worked in accordance with this clause Subject to clause 9.1.3, an employee may work their ordinary hours of duty at any time over the period 24 hours a day, 7 days a week, subject to the agreement of the employee s supervisor and operational requirements An employee will not be compelled to work their ordinary hours outside of the recognised customer service hours for their work area, or 7am to 6pm Monday to Friday where customer service hours do not apply. 9.2 Other Working Arrangements The Employer may, by agreement with the employee, vary an employee s ordinary hours of duty observed, so as to make provisions for: a) the attendance of employees for duty on a Saturday, Sunday, or on a Public Holiday; b) the performance of shift work including work on Saturdays, Sundays, or on a Public Holiday; or c) the nature of the duties of an employee or class of employees in fulfilling the responsibilities of their office Where the hours of duty are varied pursuant to clause 9.2.1, an employee cannot be required to work more than five (5) hours continuously without taking a work break Notwithstanding the above, where it is considered necessary to provide a more economic operation, the Employer may authorise the operation of alternative working arrangements in the agency, or any branch or section thereof The continuing operation of any alternative working arrangements, so approved/ authorised/ agreed, will depend on the Employer being satisfied that the efficient functioning of the agency is being enhanced by its operation. Such alternative working arrangements shall be either: a) the operation of flexible working arrangements as specified in clause 9.3; or b) the operation of permanent part-time employment as specified in clause 9 - Part-Time Employment of the Award, or c) such other arrangement as is approved by the Employer. 3

5 9.3 Flexible Working Arrangements Flexible Working Hours a) Flexible working hours are available to part-time, full-time and fixed term contract employees, subject to operational requirements. b) Operational requirements and required business hours are to be determined within the work area and agreed by the supervisor and employee to determine the most suitable arrangements. This may include a roster to ensure sufficient staffing levels to satisfy customer service requirements Flexitime Roster a) Where a flexitime roster is required, the authorisation of the roster shall be the responsbility of the Employer. The roster will indicate the minimum staffing and any other requirements in respect to starting and finishing times, lunch break coverage and flexi leave. b) The roster shall cover a settlement period as defined in clause and shall be made available to all affected employees no later than three (3) days prior to the settlement period commencing. c) The roster shall be prepared in consultation with the affected employees, subject to the Employer retaining the right to determine arrangements to suit the operational needs of the agency. d) Subject to four (4) weeks notice being given to affected employees, the Employer may withdraw authorisation of a flexitime roster Hours of Duty a) An employee s ordinary hours will be an average of 7 hours and 30 minutes per day, managed over a settlement period, as defined in clause 9.3.4, which is to be worked in accordance with this subclause and the agency policy on flexible working arrangements. b) For the purpose of leave, Public Holidays, and days in lieu of the repealed Public Service Holidays, a day shall be credited as 7 hours 30 minutes Settlement Period a) The standard settlement period for flexible working arrangements will be four (4) weeks. b) The standard settlement period may be extended in a defined work area, by agreement between the employee/s and their supervisor, beyond four (4) weeks subject to agency policy on flexible working arrangements. c) An employee shall complete 150 ordinary hours in a standard settlement period. Where an employee is operating under an extended settlement period under clause (b), they shall complete the ordinary hours equivalent to the number of weeks in the agreed settlement period, based on 37 hours and 30 minutes per week. 4

6 9.3.5 Work Breaks a) Employees are able to take a work break as required subject to any roster or other work area arrangements in place. b) In accordance with Occupational Safety and Health obligations, employees should, as a minimum, take a work break of 15 minutes after five (5) hours of work. c) An employee who is working greater than six (6) hours in a day will take a main work break of at least 15 minutes and up to 45 minutes. d) All work breaks are to be recorded and do not form part of the employee s hours of work Credit and Debit Hours a) Within each settlement period, as defined in clause (b), additional hours worked may be accumulated as credit hours and used for flexileave. b) An employee may carry forward credit hours at the end of a settlement period, to the equivalent of one (1) week of ordinary hours. c) Employees will be given the opportunity to clear credit hours. If the workload is such that it is not possible to give employees time off within a reasonable time period to clear accrued leave, then overtime provisions must apply. d) All hours worked by an employee must be monitored and where accumulated hours are excessive, supervisors must negotiate with the employee to book and clear the hours. e) An employee may accumulate debit hours during a settlement period to a maximum equivalent to one (1) day of ordinary hours. f) Approval may be given for an employee to accumulate debit hours to the equivalent of two (2) days of ordinary hours. Such approval will be subject to the employee entering into an agreement to reduce their debit hours. g) For debit hours in excess of one (1) day, and where an employee has not been granted approval as per subclause (f) an employee shall be required to take leave without pay for the period necessary to reduce debit hours to those specified in clause (e). h) Employees having excessive debit hours may be placed on standard working hours in addition to being required to take leave without pay. i) On termination, resignation or transfer to another agency unused credit hours will not be paid out and will be lost. However, the Employer will provide the opportunity for credit hours to be cleared Flexileave a) An employee may take flexileave as required during the settlement period, in agreement with their supervisor. 5

7 b) Subject to clause (e) and the agreement of their supervisor, an employee may take flexileave prior to accumulating sufficient credit hours Study Leave Where study leave has been approved by the Employer pursuant to the provisions of Clause 30 - Study Leave of the Award, credits will be given for education commitments falling within the employee s ordinary hours and for which time off is necessary to allow for attendance at formal classes Overtime a) For the purposes of this clause 9, overtime will apply where an employee is directed to work greater than 7 hours and 30 minutes in one day, or outside the times referred to in clause 9.1. b) Where an employee is directed to work overtime, then overtime rates in accordance with Clause 22 - Overtime Allowance of the Award will be applied. 6

8 10. SIGNATURES OF PARTIES Signed 27/3/ Date... Grahame Searle Chief Executive Department of Land Information Signed Common Seal 3/4/ Date... Toni Walkington General Secretary The Civil Service Association of WA Inc 7

9 DEPARTMENT OF LAND INFORMATION AGENCY SPECIFIC AGREEMENT 2006 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED -and- CHIEF EXECUTIVE, DEPARTMENT OF LAND INFORMATION CORAM PUBLIC SERVICE ARBITRATOR COMMISSIONER P E SCOTT DATE TUESDAY, 16 MAY 2006 FILE NO PSAAG 5 OF 2006 CITATION NO. Result Agreement Registered Order HAVING heard Ms S Thomas on behalf of The Civil Service Association of Western Australia Incorporated and Mr R de Blank on behalf of the Department of Land Information, and by consent, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders: THAT the Department of Land Information Agency Specific Agreement 2006 in the terms of the following schedule be registered on the 16 th day of May 2006 and shall replace the Department of Land Administration Agency Specific Agreement 2003 (No. PSA AG 2 of 2003). COMMISSIONER P E SCOTT PUBLIC SERVICE ARBITRATOR 8