Public Transport Authority Salaried Officers (APEA) Agreement 2008 Mnc 200900530 PUB017

PUBLIC TRANSPORT AUTHORITY SALARIED OFFICERS (APEA) AGREEMENT 2008

AG 35 of 2009

1. TITLE

This Agreement shall be known as the Public Transport Authority Salaried Officers (APEA) Agreement 2008.

2. ARRANGEMENT 1. Title 2. Arrangement 3. Purpose 4. Definitions 5. Application and Parties Bound 6. Relationship to the Award 7. Date and Period of Operation 8. Review of the Agreement 9. No Further Claims 10. Contract of Service 11. Annualisation of Leave Loading 12. Salaries 13. Recovery of Overpayments 14. Flexible Working Hours Arrangement 15. Annual Leave 16. Pre-purchased Leave 17. Long Service Leave 18. Salary Packaging 19. Public Service Holidays 20. Casuals 21. Traineeships 22. Training 23. Union Facilities for Workplace Delegates 24. Notification/Change of Rosters 25. Dispute Settlement Procedure 26. Leave without pay 27. Annual Increment 28. Blood/Plasma Donors Leave 29. Emergency Service Leave 30. Cultural/Ceremonial Leave 31. Deferred Salary Scheme 32. Classification 33. Consultation 34. Parental Leave 35. Partner Leave 36. Unpaid Grandparental Leave 37. Away From Home and Meals Allowance 38. Study Leave 39. Higher Duties Allowance 40. Defence Force Reserves Leave 41. Leave for International Sporting Events 42. Learning Rate 43. Integrity Check 44. Out of Hours Contact 45. Home Based Work 46. Commuted Overtime Allowance

47. Employment Dispute Resolution Act 48. Number of Employees Covered 49. Signatures of Parties

Schedule 1 – 37.5 Hour week Base Salary Rates Schedule 2 – 40 Hour week Base Salary Rates

Appendix – Total Salary rates inclusive of annualised leave loading Part A Total rates for 37.5 hour week including 1.3% Leave Loading Part B Total rates for 40 hour week including 1.3% Leave Loading Part C Total rates for 40 hour week including 1.9% Leave Loading Part D Total rates for 37.5 hour week including 1.9% Leave Loading

Attachment 1 - Public Transport Authority Salaried Officers of Western Australia Award 2003

3. PURPOSE

The objective of this Agreement is to assist the Public Transport Authority of Western Australia achieve its corporate purpose, aim and values by providing a working environment that enables individuals and the organisation to grow, learn and achieve goals.

3.1 The Public Transport Authority's purpose is "To increase the use of public transport through the provision of customer-focussed, safe and cost effective passenger transport services".

3.2 The Public Transport Authority's aim is "To make public transport an attractive and sustainable choice for connecting people and places".

3.3 The Public Transport Authority's Values are:

a) We value and respect our customers, suppliers and each other.

b) We are committed to safety.

c) We encourage each other to reach our full potential.

d) We are honest and exhibit high levels of integrity, openness and ethical behaviour.

e) We recognise and reward achievement, initiative and innovation.

f) We strive for continuous improvement in everything we do.

g) We are environmentally responsible.

4. DEFINITIONS

For the purposes of the Agreement the following definitions shall apply:  "Competency" means – knowledge and skills and the application of the knowledge and skill to the standards of performance required in the workplace in accordance with the Australian National Training Authority.

 "Employer" means the Public Transport Authority of Western Australia (PTA).  "Graduate Development Program" means the PTA program that will appoint a person as a Graduate Development Officer or Graduate Engineer under the program. It is distinguished from the ability of PTA to employ graduates in Engineering outside of the Graduate Development Program.  "Operational employee" means salaried employees appointed to positions designated as "operational' by the Chief Executive Officer consistent with stated Public Transport Authority policy.  "Trainee" means a person actively participating in an accredited Traineeship program.  "Traineeship" means a structured work-based learning program formally approved by the relevant Government Department consistent with National competency standards. A Traineeship shall include on and off the job training and allow for the practical application of these skills at the workplace.  "Undergraduate" means a person recruited on a temporary basis for vacation employment to undertake specific project during University semester breaks.  "Union" means the Association of Professional Engineers, Australia (Western Australian Branch) Organisation of Employees (APEA).  "WAIRC" means the Western Australian Industrial Relations Commission.

5. APPLICATION AND PARTIES BOUND

5.1 This Agreement shall apply to all employees, who are members of or eligible to be members of the Union.

5.2 The agreement shall be binding on the:  Public Transport Authority; and  the Association of Professional Engineers, Australia (Western Australian Branch) Organisation of Employees (APEA)

6. RELATIONSHIP TO THE AWARD This Agreement, mutatis mutandis, shall incorporate the text of the document known as the Public Transport Authority Salaried Officers of Western Australia Award 2003 (the Award) (see Attachment 1), as amended from time to time, but to the extent of any inconsistency between this Agreement and the text of the Award this Agreement shall prevail, with the following qualifications or conditions having application in any event: a) any variation to the text of the Award which increases the wages, entitlements or conditions of employment of employees will also be incorporated into this Agreement; b) any variation to the text of the Award which reduces or removes wages, entitlements or conditions of employment will not be incorporated into this Agreement; c) no employee shall suffer any loss of wages, entitlements, employment conditions or other benefit as a result of variations to the text of the Award that are made as a result of a law of the Commonwealth.

7. DATE AND PERIOD OF OPERATION

7.1 This Agreement shall expire on 31 March 2011.

7.1.1 Upon expiry the agreement shall continue in force until replaced by a new collective Agreement.

8. REVIEW OF THE AGREEMENT

8.1 The parties to this Agreement agree to review the operation of this Agreement and re-open negotiation for a replacement agreement at least six months prior to the expiry date of this Agreement.

9. NO FURTHER CLAIMS

9.1 The parties to this Agreement undertake that for the duration of this Agreement there shall be no further wage increases sought or granted except where expressly provided for under the State Wage Case Principles.

10. CONTRACT OF SERVICE

10.1 Probationary Employment

10.1.1 Except for employees who have already served a probationary period within the public sector and have their appointment confirmed, a new employee's appointment to a position in the Public Transport Authority will be subject to a probationary period of six months.

10.1.2 A probationary employee will be assessed three months before the expiry of six months in order to determine their suitability for appointment.

10.1.3 However, employees appointed from the Public Sector who have at least six months' continuous satisfactory service immediately prior to their permanent appointment will not be required to serve a probationary period.

10.1.4 The decision to appoint an employee will be based on the performance assessment against requirements of the job.

10.1.5 During the probationary period, the contract of service may be terminated by 1 week's notice on either side or by the payment or forfeiture, as the case may be, of 1 week's rate of pay. However, a lesser period of notice may apply where the employer and employee mutually agree.

10.1.6 Following the expiry of the probationary period, the employer may:

(a) Confirm the appointment; or

(b) Extend the period of probation for up to six months; or

(c) Allow the probationary employment to lapse, and thereby terminating the contract of employment and the probationary employee will be given reason for non confirmation of appointment.

10.1.7 If probation is extended under 10.1.6 (b), then termination of contract under 10.1.5 will continue to apply for the further period of probationary employment.

10.2 Termination of Employment

a) Except as provided in subclause 10.1, the employee or the employer may terminate the contract of service by providing four week's written notice or by the payment or forfeiture of four weeks pay in lieu of notice as the case may be.

b) The employer and employee may mutually agree to a shorter notice period or waive the notice.

10.3 Phased Retirement

10.3.1 An employee who attains the age of 55 years may seek to phase into retirement as agreed with the employer in accordance with the Public Transport Authority's Phased Retirement Guidelines.

11. ANNUALISATION OF LEAVE LOADING

11.1 Annual leave loading for annual leave accrued under this Agreement will be annualised.

11.2 For the purpose of annualising leave loading, a value of 1.3% shall be factored into the fortnightly rates of pay, except for employees required to work over the seven day and/or 24 hours of the day who will have 1.9% applied.

11.3 The annual leave loading shall be adjusted in accordance with the rates contained within Circulars to Departments and Authorities titled "Annual Leave Loading" issued by the Department of Consumer and Employment Protection from time to time by administrative arrangements.

11.4 Employees who accumulate not less than seventeen qualifying shifts and become eligible for five weeks annual leave in accordance with clause 15.1.1 of this agreement and Clause 18 of the Public Transport Authority Salaried Officers Award of WA 2003, shall be paid leave loading during this "qualifying period" as follows:

(a) Unless the position is designated as operational under this agreement, the employee shall be paid the salary rate inclusive of 1.3% leave loading until the employee qualifies for the five weeks annual leave. After qualifying for the extra week of annual leave, the employee shall be subsequently paid a "one-off payment" representing the difference between the leave loading of 1.3% and a loading of 1.9%, based on the salary rate paid during the qualifying period, Or

(b) When and if the position has been designated as operational in this agreement, then the employee shall be paid the salary rate based on 1.9%

leave loading during the qualifying period and thereafter for as long as the employee is working in such a position.

Provided that payment of leave loading for this qualifying period will be made under either subparagraph (a) or (b), but not both.

12. SALARIES

12.1 A 4.5% salary increase plus a structural adjustment of 0.5% is payable from 1 April 2008 as set out in the salary schedules and Appendix to this Agreement. 11.2 A further 4% salary increase plus a structural adjustment of 1% is payable from 1 April 2009 as set out in the salary schedules and Appendix. 11.3 A further 4% salary increase plus a structural adjustment of 0.76% is payable from 1 April 2010 as set out in the salary schedules and Appendix. 11.4 The salary for employees required to work over the seven day and/or the 24 hours of the day for operational purposes as specified in clause 14.5 may be aggregated by agreement between the employer and employee. The aggregated amount shall encompass penalties for weekend and shift work. Where the spread of hours are extended the period shall be computed as ordinary hours and not attract penalty payments. 12.2 Employees who at the commencement of this Agreement are classified as a Customer and Security Services Officer shall be required to work an average of 40 hours per week, Sunday to Saturday inclusive. 12.3 The salary for employees who at the commencement of this Agreement are classified as a Customer and Security Services Officer shall be aggregated, encompassing penalties for weekend and shift work. 12.4 The salary rate applicable to Trainees shall be the rates provided for in the National Training Wage Award 2000 or provided for in Circulars to Departments and Authorities issued from time to time by the relevant government agency. 12.5 Undergraduate/Graduate Entry Programs: 12.8.1. The salary rate applicable to an Undergraduate shall be 85% of the ordinary salary rate applicable to a Level 2 first increment. 12.8.2. The following provisions shall apply to employees who are engaged on the PTA's Graduate Development Program as Graduate Development Officer or Graduate Engineer or employees engaged in any other graduate position. (a) A Graduate Development Officer or Graduate Engineer under the Graduate Program or employees engaged in any other graduate position shall be appointed at the Level 2/4 increment level depending on their qualification; (b) A Graduate Development Officer or Graduate Engineer or an employee engaged in any other graduate position who has completed an approved three-year tertiary qualification, relevant to their calling, shall commence at Level 2.1; (c) A Graduate Development Officer or Graduate Engineer or an employee engaged in any other graduate position who has completed an approved four-year tertiary qualification, relevant to their calling, shall commence at Level 2.3;

(d) A Graduate Development Officer or Graduate Engineer or an employee engaged in any other graduate position who has completed an approved Masters or PhD degree, relevant to their calling, shall commence at Level 2.5; (e) A Graduate Development Officer or Graduate Engineer or an employee engaged in any other graduate position who attains a higher tertiary level qualification after appointment to the graduate program or after conclusion of the program or after appointment to any other graduate position shall not be entitled to any advanced progression through the incremental range. (f) Subject to satisfactory performance in the first year of the Graduate Program, graduates will progress to the next increment point in the Level 2/4 range as identified in Schedule 1. Progression for employees engaged in any other graduate position is also subject to satisfactory performance.

12.6 Where a Trainee or an Undergraduate is required to work such hours and /or shifts that ordinarily would attract penalty payments, the Trainee/Undergraduate shall be paid the penalty rates in accordance with the award/agreement based on the Trainee or Undergraduate rate, as the case may be.

12.7 The parties agree that the existing Public Transport Authority's classification systems or procedures including the annual increments will continue until a competency based classification structure is developed.

13. RECOVERY OF OVERPAYMENTS

13.1 Where an employee has been overpaid, the employer may adjust subsequent pay/s to recover the overpayment.

13.2 The employee will be notified in writing as soon as possible after an overpayment has been discovered and given options for repayment.

13.3 If agreement cannot be reached, the employer may deduct the amount of overpayment over the same length of time that the overpayment occurred, provided that the employer will not require an employee to repay an amount exceeding 10% of the employee's net pay in any one-pay period.

13.4 In exceptional circumstances, the employer may allow an extended period for the repayment of overpayments.

13.5 Any dispute in relation to the application of this clause shall be dealt with in accordance with Clause 25 – Dispute Settlement Procedure.

14. FLEXIBLE WORKING HOURS ARRANGEMENT

14.1 STANDARD WORKING HOURS 14.1.1 The ordinary hours of work shall be either an average of thirty seven hours and 30 minutes (37.5) or forty hours (40) per week Monday to Friday inclusive for five day week employees and Monday to Saturday inclusive for six day week, as agreed between the employee and the employer. The employer shall not unreasonably limit access to this working arrangement.

14.1.2 Ordinary hours of work for employees are between the hours of 6:00 am and 6:00 pm, Monday to Friday inclusive for five day week employees (non operational); and Monday to Saturday inclusive for six day week employees (operational). 14.1.3 A shift employee shall be paid ordinary rates plus the appropriate early morning, afternoon and night shift penalties, unless working six consecutive ordinary shifts, when the rate paid for the sixth shift shall be time and a half of the ordinary rate. Work on Sundays shall be paid at the overtime rates for Sunday. Double time shall be the maximum rate payable. 14.1.4 The starting and finishing times will be flexible and responsive to customer needs and other operational requirements as determined by the employer in consultation with the employee.

14.2 IMPLEMENTATION OF 40 HOUR WEEK: 14.2.1 The 40 hour week shall be applied as follows: a) The additional 2.5 hours in excess of the 37.5 hours per week will be paid at ordinary time rates. b) Any clause in this Agreement that provides for accruing of entitlements (for example overtime or leave) will be adjusted to reflect the working of a 37.5 hour or 40 hour week, as the case may be. c) The working arrangement of 37.5 or 40 hours will remain in place for a minimum of twelve months. d) The employee in exceptional circumstances may request to revert back to previous arrangements (revert from a 40 hour week to a 37.5 hour week, or vice versa) within the twelve month period subject to an agreement between the employer and employee. e) Where an employee commences a 40 hour week from a 37.5 hour week, leave entitlements which are based on accruing days or weeks of leave, but recorded in the payroll system in hours (e.g. annual leave, personal leave, public service holidays), will be dealt with as follows: existing hours will be converted upwards by multiplying all existing accrued entitlements by 1.06667 and future accrued entitlements will be based on 8 hour days. Leave entitlements based on hours only (e.g. blood donors leave) will not be affected. f) Where an employee reverts back to a 37.5 hour week from a 40 hour week, for leave entitlements which are based on accruing days or weeks of leave, but recorded in the payroll system in hours (e.g. annual leave, personal leave, public service holidays), existing hours will be converted downwards by multiplying all existing accrued entitlements by 0.9375. Leave entitlements based on hours only (e.g. blood donors leave) will not be affected.

14.3 FLEXIBLE HOURS ARRANGEMENTS 14.3.1 Flexible working hours arrangements may be implemented within the workplace between the employer and the employees concerned to meet particular work requirements. Agreed arrangements must specify the extent of any flexibility in employees' start and finish times. Any agreed working hours must be responsive to customer needs and operational requirements. 14.3.2 Flexible working hours shall be worked between 6.00 am and 6.00 pm five days a week, from Monday to Friday for five day employees and Monday to

Saturday for six day employees, with a total of 150 (or 160) hours as the minimum requirement in any 4 week period. Any such hours so worked shall be paid at ordinary hourly rates and not as overtime. 14.3.3 When such hours exceed 37.5 (or 40) in any one week, or exceed 150 (or 160) in any four week period, then the employee may be entitled to take the additional hours worked as time off in lieu by arrangement with the Manager on a time for time basis. Provided that such accrued time off shall be limited to a maximum of one day, unless mutually agreed otherwise. Provided also that the leave of absence requires management approval. Managers shall not unreasonably withhold permission to take time off. 14.3.4 Where the employer and employee have entered into a flexible working arrangement the responsibility for effectively administering the arrangement rest with the division's manager. Any agreed flexible work arrangement must be endorsed by the respective General Manager. 14.3.5 The applicable annual leave entitlement for employees working under clauses 14.2.1, 14.3.2 or 14.3.3 shall remain four weeks per annum.

14.4 OVERTIME UNDER FLEXIBLE WORKING HOURS ARRANGEMENTS 14.4.1 Hours worked that are outside the range of ordinary hours agreed under flexible working hours arrangements, and all time worked before 6.00 am and after 6.00 pm Monday to Friday for five day employees and Monday to Saturday for six day employees, shall be paid as additional hours or overtime. 14.4.2 All time worked in excess of the recognised working hours in any one week shall be paid at the rate of time and a half. 14.4.3 All time worked in excess of the ordinary hours in any one shift shall be paid for at the rate of time and a half for the first three hours and double time thereafter. 14.4.4 The time on which a penalty rate has been paid for on a daily basis as prescribed in 14.4.3 will not be subject to the penalty rate on a weekly basis as provided in 14.4.2. 14.4.5 No overtime payments shall be made for any period of less than 30 minutes of actual time worked in any one day. 14.4.6 Hours worked on Sunday are paid at double the ordinary hourly rates. 14.4.7 The maximum penalty payable to employees for all hours worked on weekends is double the ordinary rate of pay.

14.5 OPERATIONAL EMPLOYEES 14.5.1 Notwithstanding the other provisions of this clause, certain occupational groups, areas or positions may be nominated as "operational" by the General Manager of their division but the designation of such group, area or position as "operational" is at the discretion of the Chief Executive Officer and is subject to the Chief Executive Officer's written approval. 14.5.2 Operational employees under this agreement are salaried employees substantively occupying positions designated as operational in accordance with clause 14.5.1. 14.5.3 Operational employees shall be required to work ordinary hours of duty of on average 40 per week Sunday to Saturday inclusive.

14.5.4 Operational employees shall be required to work continuous shiftwork on a 24 hour/ 7 day week rotational roster to meet PTA's operational requirements. 14.5.5 Approved operational groups, areas and positions together with any aggregated salary arrangements will be recorded by means of an exchange of letters between the employer and the union. 14.5.6 Overtime for Operational Employees

14.5.6.1. For operational employees working continuous shift work under clause 14.5, overtime shall be paid as follows: (a) Overtime rates are calculated at time and a half for the first three hours and double time thereafter for additional hours worked immediately before or after any one shift, or otherwise at time and a half for overtime worked during any one week. (b) No overtime payments shall be made for any period of less than 30 minutes of actual time worked in any one day. (c) Hours worked on Sunday are paid at double the ordinary hourly rates. (d) The maximum penalty payable to operational employees, for all hours worked on weekends, is double the ordinary rate of pay. 14.5.6.2 In the case of operational employees (six day week employees) all time worked outside a spread of nine hours shall be paid for at the rate of time and a half for the first hour and double time thereafter. 14.6 Employees Level 6 and above will be required to work additional hours on an outcome basis to ensure the needs of clients, employer and Government are met. 14.6.1 Employees Level 6 and above will not be paid additional payment for overtime, travelling time, Saturday or Sunday unless otherwise approved by the employer. 14.7 Any dispute in relation to the application of this clause shall be dealt with in accordance with Clause 25 – Dispute Settlement Procedure.

14.8 REST PERIOD

14.8.1 Except in cases of emergency or unless in special cases by agreement between the employer and employee, an employee shall not be called on duty unless such employee has had at least ten hours' unbroken rest.

14.8.2 In cases where such employees are required to take up duty with less than the prescribed period of rest in 14.8.1, they shall be paid double times the ordinary rates.

14.8.3 In the circumstance that an employee is required to take up duty with less than the prescribed period of rest, the employee shall not be required to commence the next shift until they have had the requisite ten hour rest period.

15. ANNUAL LEAVE

15.1. Except as provided by express provision under this Agreement, the relevant terms of Clause 18 in the Public Transport Authority Salaried Officers Award of WA 2003, shall apply.

15.1.1. Employees required to work over the seven days and/or the 24 hours of the day shall be entitled to five weeks annual leave after twelve months continuous service.

15.2. Entitlement to annual leave shall accrue pro rata on a weekly basis.

15.3. Annual leave can be taken in periods of 1 day or more.

15.4. Unless otherwise agreed between the employer and the employee, annual leave is to be taken each year by the employee.

15.5. Where an employee has been permitted to proceed on annual leave and resigns or is dismissed then he/she must refund the value of leave taken but not accrued.

15.6. Where an employee is dismissed for misconduct the employee is not entitled to be paid for any untaken leave that relates to service after the misconduct occurred.

15.7. Subject to agreement between the employer and employee, an accrued annual leave entitlement may be taken in half the time on double pay.

15.8. Where an entitlement to access annual leave falls due to an employee, the employee be required to nominate – within 3 months of that leave becoming due – a commencement date or dates for the clearance of the accrued leave. Such dates to be within 12 months from the date at which the annual leave became due.

15.9. Where an employee does not nominate dates for the clearance of leave in the nominated period, the employer may designate a date for clearance of the leave within 12 months of that leave falling due. Provided that the employer shall give at least 30 days notice to the employee of the day on which the annual leave is to commence.

15.10. The employer may approve the cash out of accrued annual leave. The request to cash out the annual leave shall be in writing and consistent with the provisions of PTA's policies. Provided that, except in demonstrable extenuating circumstances, a minimum of two weeks accrued annual leave must be taken in a calendar year for any application to be approved.

16. PRE-PURCHASED LEAVE 16.1. The employer and an employee may agree to enter an arrangement whereby the employee can purchase one to four weeks additional leave or a greater period. The employee can agree to take a reduced salary spread over the 52 weeks of the year and receive the following amounts of additional leave or where a greater period is agreed a revised amount:

Number of weeks' salary Number of weeks additional spread over 52 weeks leave purchased 44 weeks 8 weeks 45 weeks 7 weeks 46 weeks 6 weeks 47 weeks 5 weeks 48 weeks 4 weeks 49 weeks 3 weeks 50 weeks 2 weeks 51 weeks 1 week

16.2. The additional leave purchased is to be taken subject to the employer and operational convenience.

16.3. In the event that the employee is unable to take such leave, his/her salary will be adjusted on the last pay period in January to take into account time worked during the year that was not included in the salary.

16.4. Access to this entitlement will be subject to the employee having satisfied the employer's accrued leave management policy.

16.5. The purchased leave will not be able to be accrued. The employee is to be entitled to pay in lieu of the purchased leave not taken.

16.6. Where an employee who is in receipt of an allowance provided for in clause 13 of the Public Transport Authority Salaried Officers Award of Western Australia 2003 proceeds on any period of purchased leave the employee shall not be entitled to receive payment of the allowance for any period of purchased leave.

17. LONG SERVICE LEAVE

17.1. For each period of seven years of continuous service, an employee shall be entitled to thirteen weeks long service leave. By agreement with the employer, the entitlement can be taken as follows: - 13 weeks on full pay; - 26 weeks on half pay; - 6.5 weeks on double pay

17.2. Subject to 17.1, an employee can take their long service leave entitlement in any combination of full pay, half pay and double pay.

17.3. The date for converting from 10 years long service leave entitlement accrual to 7 years shall apply from 21 January 2002 or the date workplace agreement was repealed by the state legislation.

17.4. Employees currently accruing long service leave entitlement at ten years of service shall have their entitlement converted back to seven years in accordance with the established public sector formula.

17.5. For the purposes of determining an employee's long service leave entitlement, the expression "continuous service" includes any period during which the employee is absent on approved paid leave, and any service prior to attaining the age of 18 after 8 January 1995, but does not include:

17.5.1. Any period during which an employee is taking a long service leave entitlement or any portion thereof where such leave is taken on full pay, half pay or double pay. In instances where the entitlement is taken at double pay, the period of entitlement at full pay will be excised from continuous service.

17.5.2. Any period of service that was taken into account in ascertaining the amount of a lump sum payment in lieu of long service leave.

17.6. Long service leave can be taken in periods of 1 day or more.

17.7. An employee will be entitled to pro rata long service leave only if employment is terminated:

17.7.1. by the employer for other than disciplinary reasons;

17.7.2. due to the retirement of the employee on the grounds of ill health;

17.7.3. due to the death of the employee, in which case the payment is made to the employee's estate;

17.7.4. due to employee's retirement at the age of 55 years or over, provided that 12 months continuous service has been completed prior to the day from which the retirement takes effect;

17.7.5. for the purpose of entering an Invitro Fertilisation Programme, provided the employee has completed three years service and produces written confirmation from an appropriate medical authority of the dates of involvement in the programme;

17.7.6. due to employees resignation for pregnancy, provided the employee has completed more than three years and produces certification of such pregnancy and the expected date of birth from a legally qualified medical practitioner.

17.8. Employees within 7 years of their preservation age under Western Australian Government superannuation arrangements, may by agreement with their employer, choose to access pro rata long service leave at the rate of 9.28 days per completed 12 month period of continuous service.

17.9. The employer may approve the cash out of accrued long service leave. The minimum amount, which may be cashed out at any one time, is four weeks accrued long service leave, provided the employee proceeds on a minimum of ten days annual leave in that calendar year. The request to cash out the long service leave shall be in writing.

17.10. The employer shall not unreasonably cancel an employee's booked long service leave. Unless mutually agreed, the employer will not cancel an employee's booked long service leave four weeks before commencement of such leave.

17.11. The employer may direct an employee to take a long service entitlement that has been accrued for more than 3 years.

17.12. Where an employee is directed to take long service leave entitlement, it will be taken within 12 months of the direction, at a time agreed between the employer and the employee.

17.13. Where a time cannot be agreed within the 12 month period, the employer will determine the date on which the employee will be required to start long service leave. Provided that the employer shall give at least 3 months notice to the employee of the day on which the long service leave is to commence.

17.14. Where an officer has previously contracted out of their award long service leave entitlement, the provisions of such arrangements shall be applied on a proportional basis to the award provisions for the period of employment they were in force.

17.14.1. Any long service leave taken or benefit in lieu of any such long service leave gained during the period the aforementioned arrangements applied, shall be deducted from any long service leave to which the officer may become entitled to under the award provisions.

17.14.2. The balance of the long service leave entitlement shall be calculated in accordance with the award provisions from the date the employee reverted to award long service leave provisions.

17.15. The provisions of 17.14 of this Agreement are not retrospective.

17.16. The employer may upon application from an employee, agree to alternative arrangements for the clearances of long service leave.

18. SALARY PACKAGING

18.1. An employee may, by agreement with the employer, enter into a salary packaging arrangement in accordance with the Public Transport Authority Salary Packaging Agreement or any similar salary packaging arrangement offered by the employer.

18.2. Salary packaging is an arrangement whereby the entitlements under this agreement, contributing toward the Total Employment Cost (as defined) of an employee, can be reduced by and substituted with another, or other benefits.

18.3. For the purpose of this clause, Total Employment Cost (TEC) is defined as the cost of salary and other benefits aggregated to a total figure or TEC, less the cost of Compulsory Employer Superannuation Guarantee Contributions.

18.4. The TEC for the purpose of salary packaging, is calculated by adding:

18.4.1. The base salary;

18.4.2. other cash allowances, eg. Annual leave loading;

18.4.3. non cash benefits, eg. Superannuation, motor vehicle etc;

18.4.4. any Fringe Benefit Tax liabilities currently paid; and

18.4.5. any variable components, where commuted or annualised.

18.5. Where an employee enters into a salary packaging arrangement they will be required to enter into a separate written agreement with the employer that sets out the terms and conditions of the arrangement.

18.6. Notwithstanding any salary packaging arrangement the salary rate specified in Clause 12 – Salaries is the basis for calculating related entitlements specified in this Agreement and the Award.

18.7. The salary packaging arrangement must be cost neutral in relation to the total cost to the employer.

18.8. The salary packaging arrangement must also comply with relevant taxation laws and the employer will not be liable for any additional tax, penalties or other costs payable or which may become payable by the employee.

18.9. In the event of any increase or additional payments of tax or penalties associated with the employment of the employee or the provision of employer benefits under the salary packaging agreement, such tax, penalties and any other costs shall be borne by the employee.

18.10. In the event of significant increases in Fringe Benefit Tax liability or administrative costs relating to arrangements under this clause, the employee may vary or cancel a salary packaging arrangement.

18.11. The cancellation of salary packaging will not cancel or otherwise affect the operation of this Agreement.

18.12. The employer shall not unreasonably withhold agreement to salary packaging on request from an employee.

18.13. The Dispute Settlement Procedures contained in this Agreement shall be used to resolve any dispute arising from the operations of this clause. Where such a dispute is not resolved, either party may refer the matter to the Western Australian Industrial Relations Commission.

19. PUBLIC SERVICE HOLIDAYS

19.1. Employees shall be entitled to two days paid leave of absence in lieu of public service holidays which were on Easter Tuesday and the additional day at New Year, in accordance with Premier's Circular 1/2003, as amended from time to time.

19.2. The two days referred to in 19.1 shall be taken in the calendar year in which they fall due and at the convenience of the employee and the employer. The days in lieu lapse if not taken within the calendar year.

20. CASUALS

20.1. A casual employee may be engaged on an hourly basis and paid as such.

20.2. A casual employee shall be paid an ordinary hourly rate based on the following formula:

Fortnightly Salary / 75 hours

20.3. A casual employee in addition to the ordinary hourly rate of pay specified in clause 12 shall be paid a casual loading of 20% in lieu of all paid leave.

21. TRAINEESHIPS 21.1. Training Conditions: 21.1.1. Trainees shall attend approved on and off the job training prescribed in the relevant training program, or as notified to the trainee by the employer; 21.1.2. Trainees may attend off the job training which is approved by the appropriate regulatory body; 21.1.3. On the job training shall be written in approved competency based language and able to be assessed by the supervisor; 21.1.4. Each training module shall be credentialed so that a trainee is able to demonstrate prospective employers that they have attained a recognised level of competency;

21.1.5. Trainees will receive a mix of supervised work experience, structured training on the job and off the job, and the opportunity to practice new skills in a work environment; 21.1.6. The employer shall ensure that the trainees are permitted to attend the prescribed off the job training and is provided appropriate on the job training; and 21.1.7. The employer shall provide an appropriate level of supervision in accordance with the approved training plan. 21.2. Employment Conditions: 21.2.1. Initial placement shall be for a period of twelve months. A longer or shorter period may be required contingent on attainment of required competencies; 21.2.2. Completion of the traineeship scheme will not guarantee the trainee future employment with the employer, but the employer will cooperate to assist the trainee to be placed in suitable employment, should a position arise; 21.2.3. Trainees are permitted to be absent from work without loss of continuity of employment to attend off the job training in accordance with the training plan. However, except for absences provided for under this Agreement, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of the absence; and 21.2.4. Overtime and shift work shall not be worked by trainees except to enable the requirements of the training to be effected. When overtime and shift work are worked the relevant allowances and penalties of the award, based on the training wage stated in subclause 21.3 of this clause will apply. No trainee shall work overtime or shift work on their own. 21.3. Salary: The salary applicable to trainees shall be in accordance with rates provided for in the National Training Wage Award 2000 or provided for in Circulars to Departments and Authorities issued from time to time by the relevant government agency.

22. TRAINING

22.1. The parties will cooperate in the development and implementation of a National Training and Development Framework which will be based on:  A structured induction and development program;  Transport industry and employer specific competency standards;  Targeted training for specific initiatives.

22.2. The employer will establish a joint employer/employee training committee to assess training requirements to enable employees to carry out their role in a professional manner. The composition of the committee shall be determined on a balanced approach.

22.3. The role of the training committee shall include:

22.3.1. Formulating a training program including available training courses and career opportunities;

22.3.2. Recommending individual employees for training and reclassification; and

22.3.3. Monitoring and advising management and employees regarding the ongoing effectiveness of the training.

22.4. Training may be delivered on or off-the-job.

22.5. Wherever possible, the employer will ensure that the training is competency based and nationally recognised training with clearly defined programs and agreed performance standards.

22.6. Provided the employer determines the training to be required, the employer will meet all reasonable costs associated with the training.

22.7. Each employee must be prepared to undertake training, refresher training, and maintain the qualification necessary to carry out the employee's role to the required standard.

23. UNION FACILITIES FOR WORKPLACE DELEGATES

23.1. The employer recognises union delegates in PTA and will allow them to carry out their role and functions.

23.2. Subject to prior approval, the employer shall provide the union delegates with the following:

(a) Paid time off from normal duties to perform their functions as a union delegate such as organising, recruiting, individual grievance handling, collective bargaining, involvement in the Transport Delegates committee and to attend union business.

(b) Access to facilities required for the purpose of carrying out their duties. Facilities may include but not be limited to, the use of filing cabinets, meeting rooms, telephones, fax, email, internet, photocopiers and stationery. Such access to facilities shall not unreasonably affect the operation of the organisation and shall be in accordance with normal PTA protocols.

(c) A noticeboard for the display of union materials including broadcast email facilities.

(d) Paid access to periods of leave for the purpose of attending union training courses. Country delegates will be provided with appropriate travel time.

(e) Access to awards, agreements, policies and procedures.

(f) Access to information on matters affecting employees in accordance with clause 33 – Consultation.

(g) The names of any Equal Employment Opportunity and Occupational Health, Safety and Welfare representatives.

23.3. The employer recognises that it is paramount that union delegates in the PTA are not threatened or disadvantaged in any way as a result of their role as a union delegate.

23.4. The employer shall provide the union with time to discuss the benefits of union membership with new employees as part of the employee's formal induction program.

24. NOTIFICATION/CHANGE OF ROSTERS

24.1. The roster for employees working seven days and/or twenty four hours of the day shall be alterable by mutual consent at any time or by amendment of the roster on seven days notice.

24.2. Where practicable rostered days off may be changed by mutual consent or through sickness or other cause over which the employer has no control.

24.3. Where permanent change is made to the rosters provided for in clause 14.5 that would ordinarily result in a variation greater or less than 5% of the total aggregated amount, using same method of calculation, a new rate shall be determined. The new rate shall apply from the first pay period on or after the date of the permanent roster change.

25. DISPUTE SETTLEMENT PROCEDURE

25.1. Disputes arising under this Agreement or in the course of the employment of employees covered by this Agreement shall be dealt with in accordance with this clause.

25.2. The matter shall first be discussed between the employee and immediate supervisor or other appropriate employee of the Public Transport Authority, within three working days after the issue has arisen.

25.3. If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant supervisor's manager and an attempt made to find a satisfactory solution, within a further 3 working days. A Union representative may accompany an employee.

25.4. If the dispute is still not resolved, the employee/s or Union representative may refer it to the Chief Executive Officer or his/her nominee.

25.5. Where the dispute cannot be resolved within 5 working days of the employee/s or Union representatives referral of the dispute to the Chief Executive Officer or his/her nominee, either party may refer the matter to the WAIRC.

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

25.7. During the entire period of the dispute normal work shall continue as before the dispute unless the performance of the work would place at risk the health and safety of the employees concerned.

26. LEAVE WITHOUT PAY

26.1. The employer may approve request for leave without pay for any period, provided the following conditions are met:

26.1.1. The operational needs of the Public Transport Authority are not compromised; and 26.1.2. All annual leave and long service leave credits of the employee are exhausted.

26.2. Leave without pay shall not count as qualifying service, but shall not affect the continuity of service.

27. ANNUAL INCREMENT

27.1. Subject to the employee accumulating 12 months of continuous service with the employer since last receiving a salary increment the employee shall qualify for a further increment in his/her salary level if one is available. Such an increment can be deferred or withheld if an employee's performance is considered substandard.

27.2. Before any increase is paid to the employee the employer shall, no later than 12 months since the employee's last increment, complete a report in respect of the employee's level of performance, efficiency and conduct and where the employer is satisfied with the report the increase in salary shall be paid.

27.3. Where the report is adverse to the employee the following provisions shall apply:

27.3.1. The report shall be brought to the notice of the employee and shall be signed by the employee as confirmation of it having been brought to his/her notice;

27.3.2. The employee has a right, if he or she so desires, to give an explanation, or give any reason for disagreeing with the report or any aspect of the report. Any explanation or reason shall be given in writing; and

27.3.3. The employer shall consider the report and the employee's explanation. If the matter is not resolved to the satisfaction of both parties the matter will be resolved pursuant to Clause 25 – Dispute Settlement Procedure.

27.4. Where an increase is not paid for a specific period, the employer shall complete a further report before the expiry of that specific period and the provision of 27.2 and 27.3 of this clause shall apply in respect of that report.

27.5. The non payment of an increase will change the anniversary date of any further increase due to the employee unless otherwise agreed by the employer.

28. BLOOD/PLASMA DONORS LEAVE

28.1. Subject to operational requirements, employee shall be entitled to absent themselves from the workplace in order to donate blood or plasma in accordance with the following general conditions:

28.1.1. Prior arrangements with the supervisor has been made and at least two days' notice has been provided; or

28.1.2. The employee is called upon by the Red Cross Blood Centre.

28.2. The notification period shall be waived or reduced where the supervisor is satisfied that operations would not be unduly affected by the employee's absence.

28.3. The employee shall be required to provide proof of attendance at the Red Cross Blood Centre upon return to work.

28.4. Employees shall be entitled to two hours of paid leave per donation for the purpose of donating blood to the Red Cross Blood Centre.

29. EMERGENCY SERVICE LEAVE

29.1. Subject to operational requirements, paid leave of absence shall be granted by the employer to an employee who is an active volunteer member of State Emergency Service, St John Ambulance Brigade, Volunteer Fire and Rescue Service, Bush Fire Brigade or Volunteer Marine Rescue Service, in order to allow for attendance at emergencies as declared by the recognised authority.

29.2. The employer shall be advised as soon as possible by the employee, the emergency service, or other person as to the absence and, where possible, the expected duration of leave.

29.3. The employee must complete a leave of absence form immediately upon return to work.

29.4. The application form must be accompanied by a certificate from the emergency organisation certifying that the employee was required for the specified period.

29.5. An employee, who during the course of an emergency, volunteers their services to an emergency organisation, shall comply with sub-clauses 29.2, 29.3 and 29.4.

30. CULTURAL/CEREMONIAL LEAVE

30.1. Employees are entitled to time off without loss of pay for cultural/ceremonial purposes, subject to agreement between the employer and employee and sufficient leave credits being available.

30.2. Such leave shall include leave to meet the employee's customs, traditional law and to participate in cultural and ceremonial activities. 30.3. Cultural/ceremonial leave may be taken as whole or part days off. Each day or part thereof, shall be deducted from:

30.3.1. The employee's annual leave entitlements; or

30.3.2. Accrued days off or time in lieu.

30.4. Time off without pay may be granted by arrangement between the employer and the employee for cultural/ceremonial purposes.

30.5. The employer may request reasonable evidence of the legitimate need for the employee to be allowed time off.

30.6. Cultural/ceremonial leave shall be available to all employees.

31. DEFERRED SALARY SCHEME

31.1. With written agreement of the employer, an employee may elect to receive, over a four year period, 80% of the salary they would otherwise be entitled to receive in accordance with clause 12 –Salaries of this agreement.

31.2. On completion of the fourth year, an employee will be entitled to 12 months leave and will receive an amount equal to 80% of the salary they were otherwise entitled to in the fourth year of deferment.

31.3. Where an employee completes four (4) years of deferred salary service and is not required to attend duty in the following year, the period of non – attendance shall not constitute a break in service and shall count as service on a pro-rata basis for all purposes.

31.4. An employee may withdraw from this scheme prior to completing a four-year period by written notice. The employee will receive a lump sum payment of salary forgone to that time but will not be entitled to equivalent absence from duty.

31.5. The employer will ensure that employees have sought and had superannuation arrangements and taxation effects fully explained to them by the relevant Authority. The employee is responsible for seeking their own financial advice. The employer will put any necessary arrangements into place.

32. CLASSIFICATION

32.1. The employer will evaluate and determine the classification of positions within the PTA for levels prescribed in this agreement.

32.2. Any dispute arising out of 32.1 shall be dealt with by the PTA's Classification Review Appeal Panel in accordance with procedures set down in the PTA Classification Appeal Panel process.

32.3. The PTA's Classification Review Appeal Panel will:  hear and determine any application by an employee or employees in respect of the classification or reclassification of the position or positions of that employee; or  hear and determine any application by the PTA in respect of the classification or reclassification of the position or positions of any salaried employee.

32.4. The PTA's Classification Review Appeal Panel shall consist of:  An independent Chairperson;  An Employer representative; and  A representative of the relevant union.

32.5. A decision of the PTA's Classification Review Appeal Panel as provided for in subclause 32.3 may be referred to a Board of Reference at the Western Australian Industrial Relations Commission by either party to this agreement.

32.6. The Board of Reference shall be constituted by a Chairperson who shall be a member of the Western Australian Industrial Relations Commission and shall

include one member nominated by the Union and one member nominated by the employer.

32.7. The Board of Reference will provide a written decision that will be final.

33. CONSULTATION

33.1. The parties recognise the need for effective communication to improve the business/operational performance and working environment in the Public Transport Authority.

33.2. The parties acknowledge that decisions will continue to be made by the employer who is responsible and accountable to Government for the effective and efficient operation of the agency.

33.3. The parties agree that:

33.3.1. Where the employer proposes to make changes likely to affect existing practices, working conditions or employment prospects of employees, the union and employees affected shall be notified by the employer as early as possible;

33.3.2. For the purposes of discussion the employer shall provide to the employees concerned relevant information about the changes, including the effect of the changes on employees, provided the employer shall not be required to disclose any information that is confidential; and

33.3.3. In the context of discussions the union and employees are able to contribute to the decision making process.

33.3.4. The Public Transport Authority's Joint Consultative Committee (JCC) will operate consistent with the committee's established guidelines. The JCC will convene within 28 days of a written request and comprise senior officers from within the agency nominated by the employer, union nominated representatives and agency employee representatives elected by employees.

33.4. The functions of JCC's will include:  development and implementation of workload management tools for the Public Transport Authority;  consultation on industrial issues;  review of fixed term and casual employment usage; and  monitoring and review of changes to work organisation and/or work practices occurring in the workplace.

33.5. Matters not resolved through the JCC can be referred to the Dispute Settlement Procedure.

34. PARENTAL LEAVE

34.1 This clause replaces the provisions of clause 23 – Parental Leave of the Award.

34.2 For the purposes of this clause, the following terms shall have the following meaning.

(a) "Primary care giver" means the employee who will assume the principal role for the care and attention of a newly born or newly adopted child as defined by this clause.

(b) "Eligible casual employee": a casual employee is eligible if the employee:

(i) has been engaged by a public sector employer on a regular and systematic basis for a sequence of periods of employment during a period of at least twelve months; and

(ii) but for an expected birth of a child to the employee or the employee's spouse or de facto partner or an expected placement of a child with the employee with a view to the adoption of the child by the employee, would have a reasonable expectation of continuing engagement by the public sector employer on a regular and systematic basis.

(iii) Without limiting clause 34.2 (a) and (b), a casual employee is also eligible if the employee:

 was engaged by a public sector employer on a regular and systematic basis for a sequence of periods during a period (the first period of employment) of less than twelve months; and

 at the end of the first period of employment, the employee ceased, on the employer's initiative, to be so engaged by the public sector employer; and

 the public sector employer later again engaged the employee on a regular and systematic basis for a further sequence of periods during a period (the second period of employment) that started not more than three months after the end of the first period of employment; and

 the combined length of the first period of employment and the second period of employment is at least twelve months; and

 the employee, but for an expected birth of a child to the employee or the employee's spouse or de facto partner or an expected placement of a child with the employee with a view to adoption of the child by the employee, would have a reasonable expectation of continuing engagement with the public sector employer on a regular and systematic basis.

34.3 Entitlement to Parental Leave

(a) Unpaid parental leave

An employee is entitled to a period of up to 52 weeks unpaid parental leave in respect of the:

(i) birth of a child to the employee or the employee's partner; or

(ii) adoption of a child who is not the natural child or the stepchild of the employee or the employee's partner; is under the age of five;

and has not lived continuously with the employee for six months or longer.

(b) Paid parental leave

Subject to clause 34.3 (c), an employee is entitled to 14 weeks continuous paid parental leave, which shall form part of the 52 week unpaid parental leave entitlement. This entitlement can be accessed by a pregnant employee or by an employee who is the primary care giver of a newly born or newly adopted child, and:

(i) can only be accessed by an employee who has completed twelve months continuous service in the Western Australian public sector;

(ii) is provided only in respect to:

 a pregnant employee;

 the birth of a child to the employee or the employee's partner; or

 the adoption of a child who is not the natural child or the stepchild of the employee or the employee's partner; is under the age of five; and has not lived continuously with the employee for six months or longer; and

(iii) cannot be accessed by eligible casual employees.

(c) Commencement of paid parental leave

(i) A pregnant employee may commence paid parental leave any time up to six weeks before the expected date of birth.

(ii) Provided that the period of paid parental leave is concluded within twelve months of the birth or placement of the child, an employee identified as the primary care giver of a newly born or newly adopted child may commence the period of paid parental leave from:

 the child's birth date; or

 for the purposes of adoption, the date of placement of the child; or

 a later date nominated by the primary care giver.

(iii) Notwithstanding clause 34.3 (c) (ii), an employer may, in exceptional circumstances, allow an employee to take a period of paid parental leave that will result in the employee being on paid parental leave more than twelve months after the birth or placement of the employee's child.

(iv) An employer may require evidence that would satisfy a reasonable person that the circumstances warrant allowing the employee to take their period of paid parental leave such that it will result in the employee being on paid parental leave more than twelve months after the birth or placement of the employee's child.

(d) The period of paid parental leaven taken by the primary care giver of a newly born or newly adopted child shall not exceed the period specified in clause 34.3 (b) or its half pay equivalent.

(e) Shared parental leave

(i) Subject to clause 34.3 (e) (ii), the paid parental leave entitlement may be shared between partners assuming the role of primary care giver of a newly born or newly adopted child.

(ii) Where both partners work in the public sector, the total paid parental leave entitlement provided to the employees shall not exceed the paid parental leave quantum for a single employee or its half pay equivalent.

(iii) The unpaid parental leave entitlement may be shared between partners.

(iv) An employee and their partner may only take paid and/or unpaid parental leave concurrently in exceptional circumstances with the approval of the employer or in accordance with clause 34.3 (k). This does not prevent an employee from taking paid or unpaid partner leave as prescribed by clause 35 – Partner Leave of this Agreement.

(f) (i) An employee must take parental leave in one continuous period. Where less than the standard parental leave is taken, the unused portion of the period of paid or unpaid leave cannot be preserved in any way.

(ii) Notwithstanding clause 34.3 (f) (i):

 paid parental leave may be taken in more than one period by an employee who meets the requirements of clause 34.3 (k); and

 unpaid parental leave may be taken in more than one continuous period where the employee undertakes special temporary employment in accordance with clause 34.9 – Employment During Unpaid Parental Leave. In these circumstances, the provisions of clause 34.9 – Employment During Unpaid Parental Leave apply.

(g) Payment for paid parental leave

(i) Subject to clause 34.3 (g) (iv), an employee proceeding on paid parental leave is to be paid according to their ordinary working hours at the time of commencement of parental leave. Shift and weekend penalty payments and higher duties allowances are not payable during paid parental leave.

(ii) An employee may take the paid parental leave at half pay for a period equal to twice the period to which the employee would otherwise be entitled.

(iii) Where an employee, including a fixed term contract employee, is on a period of half pay parental leave and their employment is terminated through no fault of the employee, the employee shall be paid out any period of unused paid parental leave equivalent to the

period of leave the employee would have accessed had they been on full pay parental leave when their termination occurred.

(iv) Payment for a part time employee proceeding on paid parental leave is to be determined according to an average of the hours worked by the employee over the preceding twelve months; or their ordinary working hours at the time of commencement of paid parental leave, whichever is the greater.

(v) An employee may elect to receive pay in advance for the period of paid parental leave at the time the parental leave commences, or may elect to be paid the entitlement on a fortnightly basis over the period of the paid parental leave.

(h) (i) An employee is eligible, without concluding their parental leave and resuming duty, for subsequent periods of parental leave, including paid parental leave, in accordance with the provisions of this clause.

(ii) Where an employee has not concluded their period of parental leave and resumed duty, and the employee is entitled to a subsequent period of paid parental leave, the employee's paid parental leave is:

 to be paid according to the employee's status, classification and ordinary working hours at the time of commencing the original period of parental leave; and

 not affected by any period of special temporary employment undertaken in accordance with clause 34.9 – Employment During Unpaid Parental Leave.

(iii) An employee who is on a period of leave without pay that is unrelated to parental leave is not entitled to paid parental leave without first resuming duty and meeting the requirements of clause 34.3 (b).

(i) Medical certificates

(i) An employee who has given their employer notice of their intention to take paid or unpaid parental leave shall provide the employer with a medical certificate from a registered medical practitioner naming the employee, or the employee's partner, confirming the pregnancy and the estimated date of birth.

(ii) A pregnant employee who continues to work during the period of six weeks before the expected date of birth is not required to provide their employer with a medical certificate stating that the employee is fit to work and whether it is advisable for the employee to continue in her present position for a stated period.

(iii) Notwithstanding clause 34.3 (i) (ii), if the employer has reason to believe that the continued performance of duties by a pregnant employee renders a danger to themselves, fellow employees or the public, the employee may be required to obtain and provide a medical certificate stating that the employee is fit to work in her present position for a stated period. The employer shall pay the fee for any such examination. Where an employee is deemed to be

unfit to work in her present position, the provisions of clause 34.6 - Modification of Duties and Transfer to a Safe Job may apply.

(j) If the pregnancy results in other than a live child or the child dies during the period of paid parental leave, the entitlement to paid parental leave remains intact. Such paid parental leave cannot be taken concurrently with paid personal leave taken in accordance with clause 34.4 of this Agreement.

(k) (i) An employee who commenced paid parental leave prior to her child's birth and:

 who is incapacitated following the birth of her child and is therefore incapable of being its primary care giver; or

 whose child requires hospitalisation such that the employee and her partner are not their child's primary care giver;

is entitled to remain on paid parental leave, notwithstanding that she is not the child's primary care giver.

(ii) An employee is not entitled to access paid parental leave when they are not their child's primary care giver other than in the circumstances identified in clause 34.3 (k) (i).

(iii) If both parents work in the public sector and the mother is able to remain on paid parental leave despite her incapacity to be her child's primary care giver, the employees may choose which parent will access paid parental leave.

 If the mother chooses to remain on paid parental leave, her partner may access unpaid parental leave for the period they are their child's primary care giver.

 If the mother's partner is their child's primary care giver and chooses to access paid parental leave, the mother may access unpaid parental leave for the period her partner is their child's primary care giver.

 Where the mother's partner accesses paid parental leave in accordance with this subclause, the mother is entitled to resume paid parental leave if/when she becomes her child's primary care giver, subject to the provisions of clause 34.3 (e) – Shared parental leave.

 If the mother resumes paid parental leave in accordance with this subclause, her partner must cease paid parental leave.

(iv) The provisions of clause 34.3 (k) (iii) do not apply where an employee commenced paid parental leave prior to her child's birth but, due to her child's hospitalisation, neither the employee or her partner are able to be their child's primary care giver. The employee may, however, remain on paid parental leave in accordance with the provisions of clause 34.3 (k) (i).

(l) Adoption of a child

(i) An employee seeking to adopt a child shall be entitled to two days unpaid leave to attend interviews or examinations required for the

adoption procedure. Employees working or residing outside the Perth metropolitan area are entitled to an additional day's unpaid leave. The employee may take any paid leave entitlement to which the employee is entitled in lieu of this leave.

(ii) If an application for parental leave has been granted for the adoption of a child, which does not eventuate, then the period of paid or unpaid parental leave is terminated. Employees may take any other paid leave entitlement to which they are entitled in lieu of the terminated parental leave or return to work.

(m) Confirmation of primary care giver status

(i) For the purposes of paid parental leave, an employer may require an employee to provide confirmation of their primary care giver status.

(ii) Where an employer requires an employee to confirm their status as the primary care giver of a newly born or newly adopted child, the employee is to provide the employer with evidence that would satisfy a reasonable person of their entitlement to paid parental leave.

34.4 Other Leave Entitlements

(a) Annual and long service leave

An employee proceeding on unpaid parental leave may elect to substitute any part of that leave with accrued annual leave and/or long service leave to which the employee is entitled for the whole or part of the period of unpaid parental leave.

(b) Time off in lieu of overtime, flexi leave and banked hours

(i) An employee proceeding on unpaid parental leave may elect to substitute any part of that leave with accrued time off in lieu of overtime, flexi leave and/or banked hours to which the employee is entitled.

(ii) The taking of accrued time off in lieu of overtime, flexi leave and/or banked hours in substitution for unpaid parental leave shall be subject to the provisions of clause 15 – Overtime Allowance of the Award, and clause 14 – Hours of the Agreement, where applicable.

(c) Extended unpaid parental leave

(i) Subject to all other leave entitlements being exhausted, an employee shall be entitled to apply for leave without pay following parental leave ('extended unpaid parental leave') to extend their leave by up to two years. The employer is to agree to a request for extended unpaid parental leave unless:

 having considered the employee's circumstances, the employer is not satisfied that the request is genuinely based on the employee's parental responsibilities; or

 there are grounds to refuse the request relating to its adverse effect on the employer's business and those grounds would satisfy a reasonable person. These grounds might include, but are not limited to, cost; lack of adequate replacement staff; loss of efficiency; impact on the production or delivery of products or services by the employer.

(ii) The employer is to give the employee written notice of the employer's decision on a request for extended unpaid parental leave under clause 34.4 (c). If the request is refused, the notice is to set out the reasons for the refusal.

(iii) An employee who believes their request for extended unpaid parental leave under clause 34.4 (c) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the employer to demonstrate that the refusal was justified in the circumstances.

(iv) Any period of extended unpaid parental leave must be applied for and approved in advance and will be granted on a year-by-year basis. Where both partners work for the employer the total combined period of extended unpaid parental leave shall not exceed two years.

(d) Personal leave

(i) An employee on paid or unpaid parental leave is not entitled to paid personal leave other than as specified in clause 34.4 (d) (ii).

(ii) Should the birth or adoption result in other than the arrival of a living child, the employee shall be entitled to such period of paid personal leave to which the employee is entitled or unpaid leave for a period certified as necessary by a registered medical practitioner. Paid personal leave cannot be taken concurrently with paid parental leave.

(iii) Where a pregnant employee not on parental leave suffers illness related to the pregnancy or is required to undergo a pregnancy related medical procedure the employee may take any paid personal leave to which the employee is entitled or unpaid leave for a period as certified necessary by a registered medical practitioner.

(e) Public holidays

Any public holidays that fall during paid or unpaid parental leave shall be counted as part of the parental leave and do not extend the period of parental leave.

34.5 Notice and Variation

(a) An employee shall give not less than four weeks notice in writing to the employer of the date the employee proposes to commence paid or unpaid parental leave, stating the period of leave to be taken.

(b) An employee seeking to adopt a child shall not be in breach of clause 34.5 (a) by failing to give the required period of notice if such failure is due to the

requirement of the adoption agency to accept earlier or later placement of a child, or other compelling circumstances.

(c) An employee proceeding on parental leave may elect to take a shorter period of parental leave to that provided by this clause and may at any time during that period elect to reduce or extend the period stated in the original application, provided four weeks written notice is provided.

34.6 Modification of Duties or Transfer to a Safe Job

(a) Part time employment during pregnancy

(i) A pregnant employee may work part time in one or more periods whilst she is pregnant where she provides her employer with a medical certificate from a medical practitioner advising that part time employment is, because of her pregnancy, necessary or preferable.

(ii) The terms of part time employment undertaken in accordance with 34.6 (a) (i) shall be in writing.

(iii) Such employment shall be in accordance with clause 8.2 - Part Time Employment of the Award, and Part Time Employment of this Agreement.

(iv) In the absence of an alternative requirement, and unless otherwise agreed between an employer and employee, an employee shall provide their employer with four weeks written notice of an intention to:

 vary part time work arrangements made under clause 34.6 (b) (ii); or

 revert to full time employment during the employee's pregnancy.

(v) An employee reverting to full time employment in accordance with clause 34.6 (a) (iv) will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee's skill and abilities as the substantive position held immediately prior to undertaking part time employment.

(b) If an employee gives her employer a medical certificate from a medical practitioner, or some other form of evidence that would satisfy a reasonable person, and it contains a statement to the effect that the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of:

(i) illness, or risks, arising out of her pregnancy; or

(ii) hazards connected with that position;

then the employer must modify the duties of the position or alternatively transfer the employee to a safe job at the same classification level for the period during which she is unable to continue in her present position.

(c) If an employee's employer does not think it to be reasonably practicable to modify the duties of the position or transfer the employee to a safe job, the employee is entitled to be absent from the workplace on full pay for the period during which she is unable to continue in her present position.

(d) An entitlement to be absent from the workplace on full pay is in addition to any leave entitlement the employee has and the employee is to be paid the amount she would reasonably have expected to be paid if she had worked during that period. This entitlement also applies to eligible casual employees.

(e) An entitlement to be absent from the workplace on full pay ends at the earliest of whichever of the following times is applicable:

(i) the end of the period stated in the medical certificate;

(ii) if the employee's pregnancy results in the birth of a living child – the end of the day before the date of birth; or

(iii) if the employee's pregnancy ends otherwise than with the birth of a living child – the end of the day before the end of the pregnancy.

34.7 Communication During Parental Leave

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

(b) An employee shall take reasonable steps to inform their employer about any significant matter that will affect the employee's decision regarding

(i) the duration of parental leave to be taken;

(ii) whether the employee intends to return to work; and

(iii) whether the employee intends to return to work on a part time or modified basis.

(c) An employee shall also notify their employer of changes of address or other contact details that might affect the employer's capacity to comply with clause 34.7 (a).

34.8 Replacement Employee

(a) Prior to engaging a replacement employee, the employer shall inform the replacement person of:

(i) the temporary nature of the employment;

(ii) the entitlements relating to the return to work of the employee on parental leave or that employee's capacity to undertake special temporary or casual employment during their period of unpaid parental leave; and

(iii) any consequences for the replacement employee should the employee on parental leave return early from leave or seek an extension to their period of parental leave.

(b) A replacement employee may be employed part time. Such employment shall be in accordance with the part time employment provisions of the Award and this Agreement.

34.9 Employment During Parental Leave

(a) (i) The provisions of clause 34.9 only apply to employment during unpaid parental leave, and extended unpaid parental leave taken in conjunction with parental leave as provided for in clause 34.3 (c) – Extended unpaid parental leave.

(ii) An employer cannot employ an employee in special temporary employment whilst the employee is on a period of paid parental leave, annual leave, or long service leave taken concurrently with a period of unpaid parental leave.

(b) Special temporary employment

(i) For the purposes of clause 34.9, "temporary" means employment of an intermittent nature; for a limited, specified period; and undertaken during unpaid parental leave or extended unpaid parental leave.

(ii) Notwithstanding any other provision of the parental leave clause, an employee may be employed by their employer on a temporary basis provided that:

 both parties agree in writing to the special temporary employment;

 public service officers are only employed on a temporary basis in connection with their substantive office, post or position;

 in the case of a fixed term contract employees, the period of temporary employment is within the period of the current fixed term contract;

 any such period of service shall not change the employee's employment status in regard to their substantive employment; and

 any period of special temporary employment shall count as qualifying service for all purposes under the Award and the Agreement.

(c) For every period of special temporary employment, the following records must be kept:

(i) the agreement made between the parties for periods of special temporary employment;

(ii) the dates of commencement and conclusion of each period of special temporary employment;

(iii) the hours worked by the employee during such periods; and

(iv) the classification level at which the employee is employed during such periods.

(d) Effect of special temporary employment on unpaid parental leave

(i) Subject to clause 34.9 (d) (ii), a period of special temporary employment shall be deemed to be part of the employee's period of unpaid parental leave or extended unpaid parental leave as originally agreed to by the parties.

(ii) An employee who immediately resumes unpaid parental leave or extended unpaid parental leave following the conclusion of a period of special temporary employment:

 is entitled, on written notice, to extend their period of unpaid parental leave or extended unpaid parental leave by the period of time in which they were engaged in special temporary employment; and

 shall give not less than four weeks notice in writing to their employer of the new date they intend to return to work and so conclude their period of parental leave or extended unpaid parental leave.

(iii) An employee who does not immediately resume their period of unpaid parental leave or extended unpaid parental leave at the conclusion of a period of special temporary employment cannot preserve the unused portion of leave for use at a later date.

34.10 Return to Work on Conclusion of Parental Leave

(a) (i) An employee shall confirm their intention to conclude their parental leave or extended unpaid parental leave and return to work by notice in writing to their employer not less than four weeks prior to the expiration of parental leave or extended unpaid parental leave.

(ii) An employee who intends to return to work on a modified basis in accordance with clause 34.10 (d) shall advise their employer of this intention by notice in writing not less than four weeks prior to the expiration of parental leave or extended unpaid parental leave.

(b) An employee on return to work following the conclusion of parental leave or extended unpaid parental leave will be entitled to the same position or a position equivalent in pay, conditions and status and commensurate with the employee's skill and abilities as the substantive position held immediately prior to proceeding on parental leave.

(c) Where an employee was transferred to a safe job or was absent from the workplace on full pay as provided for in clause 34.6 – Modification of

Duties or Transfer to a Safe Job, the employee is entitled to return to the position occupied immediately prior to the transfer or their absence from the workplace on full pay.

(d) Right to return to work on a modified basis

(i) An employee may return on a part time or job-share basis to the substantive position occupied prior to the commencement of leave or to a different position at the same classification level in accordance with the part time employment provisions of the Award and Agreement.

(ii) An employee may return on a modified basis that involves the employee working on different days or at different times, or both; or on fewer days or for fewer hours or both, than the employee worked immediately before starting parental leave.

(e) Right to revert

(i) An employee who has returned on a part time or modified basis in accordance with clause 34.10 (d) may subsequently request the employer to permit the employee to resume working on the same basis as the employee worked immediately before starting parental leave or full time work at the same classification level.

(ii) A request made under clause 34.10 (e) (i) must be in writing and must be made at least four weeks before the day on which the employee wishes to resume working on the same basis as the employee worked immediately before starting parental leave or full time work at the same classification level.

(iii) An employer is to agree to a request to revert made under clause 34.10 (e) (i) unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the employer and those grounds would satisfy a reasonable person.

(iv) An employer is to give the employee written notice of the employer's decision on a request to revert under clause 34.10 (e) (i). If the request is refused, the notice is to set out the reasons for the refusal.

(vi) An employee who believes their request to revert under clause 34.9 (e) (i) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the employer to demonstrate that the refusal was justified in the circumstances.

34.11 Effect of Parental Leave on the Contract of Employment

(a) (i) Paid parental leave will count as qualifying service for all purposes under the Award and this Agreement.

(ii) Qualifying service for any purpose under the Award or Agreement is to be calculated according to the number of weeks of paid parental leave that were taken at full pay or would have been had the employee not taken paid parental leave at half pay. Employees who take paid parental leave on half pay do not accrue Award,

agreement or other entitlements beyond those that would have accrued had they taken the leave at full pay.

(b) An employee employed for a fixed term contract shall have the same entitlement to parental leave; however, the period of leave granted shall not extend beyond the term of that contract.

(c) (i) Absence on unpaid parental leave or extended unpaid parental leave shall not break the continuity of service of employees.

(ii) Where an employee takes a period of unpaid parental leave or extended unpaid parental leave exceeding 14 calendar days in one continuous period, the entire period of such leave shall not be taken into account in calculating the period of service for any purpose under any relevant Award, agreement or industrial instrument. Periods of unpaid leave of 14 days or less shall, however, count for service.

(d) An employee on parental leave may terminate employment at any time during the period of leave by written notice in accordance with clause 9 – Termination of Employment of the Award.

(e) An employer shall not terminate the employment of an employee on the grounds of the employee's application for parental leave or absence on parental leave but otherwise the rights of the employer in respect of termination of employment are not affected.

34.12 Casual Employees

(a) An eligible casual employee has no entitlement to paid leave under this clause with the exception of the entitlement to be absent from the workplace on full pay as provided under clause 34.6 – Modification of Duties or Transfer to a Safe Job.

(b) Nothing in this clause confers a change in the employment status of a casual employee.

(c) Service performed by an eligible casual employee for a public sector employer shall count as service for the purposes of determining twelve months continuous service as per clause 34.3 (b) (i) where:

(i) the eligible casual employee has become a permanent or fixed term contract employee with the same employer; and

(ii) the break between the period of eligible casual employment and permanent or fixed term contract employment is no more than three months.

35. PARTNER LEAVE

35.1 An employee who is not taking parental leave is entitled to one week's partner leave as prescribed by this clause in respect of the:

(a) birth of a child to the employee's partner; or

(b) adoption of a child who is not the natural child or the stepchild of the employee and/or the employee's partner; is under the age of five; and has not lived continuously with the employee for six months or longer.

35.2 The entitlement to one week's partner leave shall be taken as paid personal leave, subject to clause 35.8. In the absence of an entitlement to paid personal leave, partner leave may be taken as:

(a) paid annual and/or long service leave;

(b) paid accrued time off in lieu of overtime, flexi leave and/or banked hours; and/or

(c) unpaid partner leave.

35.3 Partner leave must be taken immediately following the birth or, in the case of adoption, the placement of the child.

35.4 (a) Subject to clause 35.4 (b), the taking of partner leave by an employee shall have no effect on their or their partner's entitlement, where applicable, to access paid parental leave as provided by clause 34 – Parental Leave of the Agreement.

(b) Where applicable, unpaid partner leave taken by an employee shall be counted as part of the employee's unpaid parental leave entitlement.

35.5 Any public holidays that fall during partner leave shall be counted as part of the partner leave and do not extend the period of partner leave.

35.6 The taking of accrued time off in lieu of overtime, flexi leave and/or banked hours for partner leave purposes shall be subject to the provisions of clause 15 – Overtime Allowance of the Award, and clause 14 – Hours of the Agreement, where applicable.

Personal Leave

35.7 An employee may access their accrued personal leave entitlements for partner leave purposes, subject to the requirements of the Minimum Conditions of Employment Act 1993 being met. That is, a minimum of 75 hours personal leave must be kept available for an employee to access for the purposes of an employee's entitlement to paid leave for illness or injury; or carer's leave.

35.8 The right to access personal leave credits for partner leave purposes does not affect an employee's right to take more than five days personal leave for the purposes provided for in clause 21 – Personal Leave of the Award.

Right to Request Additional Unpaid Partner Leave

35.9 An employee is entitled to request an extension to the period of unpaid partner leave up to a maximum of eight weeks.

35.10 The employer is to agree to an employee's request to extend their unpaid partner leave made under clause 35.9 unless:

(a) having considered the employee's circumstances, the employer is not satisfied that the request is genuinely based on the employee's parental responsibilities; or

(b) there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business

of the employer and those grounds would satisfy a reasonable person. These grounds include, but are not limited to:

(i) cost;

(ii) lack of adequate replacement staff;

(iii) loss of efficiency; and

(iv) impact on the production or delivery of products or services by the employer.

35.11 The employer is to give the employee written notice of the employer's decision on a request to extend their unpaid partner leave. If the employee's request is refused, the notice is to set out the reasons for the refusal.

35.12 An employee who believes their request to extend unpaid partner leave has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus will be on the employer to demonstrate that the refusal was justified in the circumstances.

35.13 Where an employer agrees to an employee's request to extend their period of unpaid partner leave under clause 35.9, the employer must allow an employee to elect to substitute any part of that period of unpaid partner leave with accrued annual leave, long service leave, time off in lieu of overtime, flexi leave and/or banked hours.

35.14 An employee on unpaid partner leave is not entitled to paid personal leave.

35.15 The total period of partner leave provided by this clause shall not exceed eight weeks.

Notice

35.16 (a) The employee shall give not less than four week's notice in writing to the employer of the date the employee proposed to commence partner leave, stating the period of leave to be taken.

(b) An employee who has given their employer notice of their intention to take partner leave shall provide the employer with a medical certificate from a registered medical practitioner naming the employee, or the employee's partner, confirming the pregnancy and the estimated date of birth.

Effect of Partner Leave on the Contract of Employment

35.17 The provisions of clause 34.11 of the Parental Leave clause of this Agreement concerning the effect of partner leave on the contract of employment shall apply to employees accessing partner leave, with such amendment as necessary.

Eligible Casual Employees

35.18 An eligible casual employee, as defined in clause 34.2 – Parental Leave of this Agreement, is only entitled to unpaid partner leave.

36. UNPAID GRANDPARENTAL LEAVE

36.1 For the purposes of this clause "primary care giver" means the employee who will assume the principal role for the care and attention of a grandchild.

36.2 An employee is entitled to a period of up to 52 weeks continuous unpaid grandparental leave in respect of the:

(a) birth of a grandchild of the employee; or

(b) adoption of a grandchild of the employee, being a child who is not the natural grandchild or grand-stepchild of the employee, is under the age of five and has not lived continuously with its adoptive parents for six months or longer.

Primary Care Giver Status

36.3 (a) An employee is only entitled to grandparental leave if they are or will be the primary care giver of a grandchild.

(b) Determination of primary care giver status shall be made by reference to the provision of care during what would be the employee's ordinary hours of work had the employee not been providing care to their grandchild.

(c) An employer may require an employee to provide confirmation of their primary care giver status. Where an employer requires an employee to confirm their status as the primary care giver of a grandchild, the employee is to provide the employer with evidence that would satisfy a reasonable person of the entitlement to unpaid grandparental leave.

Commencement, Notice and Variation of Leave

36.4 Commencement of unpaid grandparental leave may occur any time within 24 months following the birth or placement of the employee's grandchild.

36.5 (a) The employee shall give not less than four week's notice in writing to the employer of the date the employee proposes to commence unpaid grandparental leave, stating the period of leave to be taken.

(b) The notice period in clause 36.5 (a) may be waived by the employer in exceptional circumstances.

36.6 An employee may request and an employer may agree to an employee taking grandparental leave on a part time basis provided:

(a) the employee is their grandchild's primary care giver on those days for which care is provided by the employee; and

(b) the employee's leave concludes no later than 52 weeks after the commencement of the period of grandparental leave.

Other Entitlements

36.7 The following provisions contained in clause 34 – Parental Leave of this Agreement shall be read in conjunction with this clause, with such amendment as is necessary.

(a) Clause 34.7 (a), and clause 34.7 (b) (i) and (ii) – Communication During Parental Leave.

(b) Clause 34.8 – Replacement Employee.

(c) Clauses 34.10 (a) (ii) and 34.10 (b) – Return to Work on Conclusion of Parental Leave.

(d) Clause 34.11 – Effect of Parental Leave on the Contract of Employment.

36.8 The entitlement to grandparental leave is as prescribed in this clause. Other than as specified in clause 36.7, an employee has no entitlement to the provisions contained in clause 34 – Parental Leave in the Agreement with respect to the birth or adoptive placement of their grandchild.

37. AWAY FROM HOME AND MEAL ALLOWANCES

37.1 An employee who travels on Departmental business and requires flight and/or accommodation involving an overnight stay will be reimbursed expenses according to rates contained within Circulars to Departments and Authorities entitled "Schedule I – Travelling, Transfer and Relieving Allowance" for the Public Service Award 1992".

38. STUDY LEAVE

38.1 The employer has the discretion to reimburse an employee for the full or part of any reasonable costs of enrolment fees, Higher Education Contribution Surcharge, compulsory textbooks, compulsory computer software and other necessary study materials.

38.2 Half of the value of the agreed 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.

38.3 The employer and employee may agree to alternative reimbursement arrangements.

38.4 Employees working shift work or on fixed term contracts have the same access to study leave provided for under this Agreement as all other employees.

39. HIGHER DUTIES ALLOWANCE

39.1 Where an employee who is in receipt of an allowance granted under clause 13 of the Public Transport Authority Salaried Officers Award of Western Australia 2003 and has been so for a continuous period of twelve (12) months or more, proceeds on a period of any approved leave of absence other than annual leave of not more than four (4) weeks, the employee shall continue to receive the allowance for the period of leave.

39.2 Where an employee who has been in receipt of an allowance for less than twelve (12) months and during the employee's absence no other employee acts in the office in which the employee was acting immediately prior to proceeding on leave and the employee resumes in the office immediately on return from leave, the employee shall continue to receive the allowance for the period of leave.

39.3 Where an employee who is in receipt of an allowance granted under this clause proceeds on a period of any approved leave of absence other than annual leave of more than four (4) weeks, such employee shall not be entitled to receive payment of such allowance for the whole or any part of the period of such leave.

39.4 Annual leave

39.4.1. Where an employee who is in receipt of an allowance granted under clause 13 of the Public Transport Authority Salaried Officers Award of Western Australia 2003 and has been so for a continuous period of twelve (12) months or more, proceeds on any period of annual leave and resumes in the office immediately on return from leave, the employee shall continue to receive the allowance for the period of leave.

39.4.2. Where an employee who is in receipt of an allowance granted under clause 13 of the Public Transport Authority Salaried Officers Award of Western Australia 2003 and has been so for a continuous period of twelve (12) months or more, proceeds on any period of annual leave and does not resume in the office immediately on return from leave, the employee shall continue to receive the allowance for the period of the annual leave accrued during the period of HDA or for a period of normal annual leave, whichever is greater.

39.4.3. Where an employee in receipt of an allowance for less than twelve 12 months proceeds on a period of annual leave, whether in excess of the normal entitlement or not, if during the employee's absence no other employee acts in the office in which the employee was acting immediately prior to proceeding on leave and the employee resumes in the office immediately on return from leave, the employee shall continue to receive the allowance for the period of normal annual leave.

39.4.4. For the purpose of this subclause the expression 'normal annual leave' shall mean the annual period of recreation leave as referred to in Clause 18.1 and 18.2 Annual Leave of the Public Transport Authority Salaried Officers Award of Western Australia 2003 and shall include any public holidays and leave in lieu accrued during the preceding twelve (12) months taken in conjunction with such annual recreation leave.

39.5 Other approved leave of absence

39.5.1. Where an employee who is in receipt of an allowance granted under clause 13 of the Public Transport Authority Salaried Officers Award of Western Australia 2003 and has been so for a continuous period of twelve (12) months or more, proceeds on a period of any approved leave of absence other than annual leave of not more than four (4) weeks, the employee shall continue to receive the allowance for the period of leave.

39.5.2. Where an employee who has been in receipt of an allowance for less than twelve (12) months and during the employee's absence no other employee acts in the office in which the employee was acting immediately prior to proceeding on leave and the employee resumes in the office immediately on return from leave, the employee shall continue to receive the allowance for the period of leave.

39.5.3. Where an employee who is in receipt of an allowance granted under this clause proceeds on a period of any approved leave of absence other than annual leave of more than four (4) weeks, such employee shall

not be entitled to receive payment of such allowance for the whole or any part of the period of such leave.

40. DEFENCE FORCE RESERVES LEAVE

40.1 The employer must grant leave of absence for the purpose of defence service to an officer who is a volunteer member of the Defence Force Reserves or the Cadet Force. Defence service means service, including training, in a part of the Reserves or Cadet Force.

40.2 Leave of absence may be paid or unpaid in accordance with the provisions of this clause.

40.3 Application for leave of absence for defence service shall, in all cases, be accompanied by evidence of the necessity for attendance. At the expiration of the leave of absence granted, the officer shall provide a certificate of attendance to the employer.

40.4 Paid leave

40.4.1 An officer who is a volunteer member of the Defence Force Reserves or the Cadet Force is entitled to paid leave of absence for the purpose of attending a training camp, school, class or course of instruction, subject to the conditions set out hereunder.

40.4.2 Part-time officers shall receive the same paid leave entitlement as full time officers but payment shall only be made for those hours that would normally have been worked but for the leave.

40.4.3 On written application, an officer shall be paid salary in advance when proceeding on such leave.

40.4.4 Casual officers are not entitled to paid leave for the purpose of defence service. 40.5 Attendance at a Camp for Annual Continuous Obligatory Training 40.5.1 An officer is entitled to paid leave for a period not exceeding two weeks (75 or 80 hours) on full pay in any period of twelve months commencing on 1 July in each year. 40.5.2 If the Officer-in-Charge of a military unit certifies that it is essential for an officer to be at the camp in an advance or rear party, a maximum of 30 extra hours leave on full pay shall be granted in the twelve-month period. 40.6 Attendance at One Special School, Class or Course of Instruction 40.6.1. In addition to the paid leave granted under subclause 40.5.1 of this clause, an officer is entitled to a period not exceeding 16 calendar days in any period of twelve months commencing on July 1 in each year, provided the employer is satisfied that the leave required is for a special purpose and not for a further routine camp. 40.6.2 In this circumstance, an officer may elect to utilise annual leave credits. However, if the leave is not taken from annual leave, salary during the period shall be at the rate of the difference between the normal remuneration of the officer as a public servant and the defence force payments to which the officer is entitled if such payments do not exceed

normal salary. In calculating the pay differential, pay for Saturdays, Sundays, Public Holidays and special rostered days off is to be excluded and no account is to be taken of the value of any board or lodging provided for the officer. 40.7 Unpaid leave 40.7.1 Any leave for the purpose of defence service that exceeds the paid entitlement prescribed in subclauses 40.5 and 40.6 of this clause shall be unpaid. 40.7.2 Casual officers are entitled to unpaid leave for the purpose of defence service. 40.8 Use of other leave 40.8.1 An officer may elect to use annual or long service leave credits for some or all of their absence on defence service, in which case they will be treated in all respects as if on normal paid leave. 40.8.2 An employer cannot compel an officer to use annual leave or long service leave for the purpose of defence service. 40.8.3 This clause shall be read in conjunction with the Circular to Departments and Authorities on Defence Force Leave entitled Defence Force Reserves, as amended from time to time.

41. LEAVE FOR INTERNATIONAL SPORTING EVENTS

41.1 Special leave with pay may be granted by the Employer to an officer chosen to represent Australia as a competitor or official, at a sporting event which meets the following criteria:  it is a recognised international amateur sport of national significance; or  it is a world or international regional competition; and  no contribution is made by the sporting organisation towards the normal salary of the employee.

41.2 The Employer shall make enquiries with the Department of Sport & Recreation when determining whether the application meets the above criteria and the period of leave to be granted.

42. LEARNING RATE 42.1 The salary applicable to an employee learning on the job shall be 85% of the ordinary rate applicable to the base classification of the calling for which the employee is being trained. This salary rate will apply to the employee who is learning on the job for the duration of the training period. 42.2 Where an employee who is learning on the job is required to work such hours and /or shifts that ordinarily would attract penalty payments, the learning employee shall be paid the penalty rates in accordance with the award/agreement based on the learning rate. 42.3 An employee whose existing rate is greater than the learning rate, but does not consist of an aggregated rate, shall not be disadvantaged and will not have their salary reduced.

42.4 Subject to the employer's approval, an employee whose salary consist of an aggregated rate shall not be entitled to such rate in the circumstance that they are not required to carry out shift and weekend work or work that normally attracts penalties.

43. INTEGRITY CHECK 43.1 Any employee who is required to access the information database or SmarTrack ticketing system containing commuter details will be required to undertake a Police Clearance and obtain a National Police Certificate. 43.2Employees who have been satisfactorily cleared by the Police Clearance and/or National Police Clearance will not access or use information on the database or SmarTrack ticketing system inappropriately.

44. OUT OF HOURS CONTACT Out of hours contact shall include the following: 44.1 ON CALL - shall mean a written instruction or other authorised direction by the employer to an employee rostered to remain at the employee's residence or to otherwise be immediately contactable by telephone or other means outside the employee's normal hours of duty in case of a call out requiring an immediate return to duty. 44.2 AVAILABILITY - shall mean a written instruction or other authorised direction by the employer to an employee to remain contactable, but not necessarily immediately contactable by telephone or other means, outside the employee's normal hours of duty and be available and in a fit state at all such times for recall to duty. 44.2.1 "Availability will not include situations in which employees carry telephones or other means or make their telephone numbers or other contact details available only in the event that they may be needed for casual contact or recall to work". 44.3 Out of Hours Contact 44.4 Except as otherwise agreed between the employer and the union, an employee who is required by the employer to be on "out of hours contact" during periods off duty shall be paid an allowance in accordance with Schedule H – Overtime of the Public Service Award 1992 as amended from time to time. 44.4.1 The applicable rates per hour for the out of hours contact are as follows: 44.4.1.1 On call $3.71 per hour 44.4.1.2 Availability $1.85 per hour 44.4.2 When an employee is required to be "on call" or "availability" and the means of contact is to be by land line or satellite telephone fixed at the employees residence telephone the employer shall: 44.4.2.1 Where the telephone is not already installed, pay the cost of such installation. 44.4.2.2 Where an employee pays or contributes towards the payment of the rental of such telephone, pay the employee 1/52nd of the annual rental paid by the employee for each seven days or part thereof on which an employee is rostered to be "on call" or "availability".

44.4.2.3 Provided that where as a usual feature of the duties an employee is regularly rostered to be on "on call" or "availability", pay the full amount of the telephone rental. When an employee is required to be "on call" or "available" and the means of contact is other than a landline/satellite telephone fixed at the employee's residence, the employer shall provide the employee with the means of contact free of charge for the purposes of work related activity. 44.4.3 An employee shall be reimbursed the cost of all telephone calls made on behalf of the employer as a result of being on out of hours contact. 44.4.4 Where an employee rostered for "on call" or "availability" is recalled to duty during the period for which the employee is on "out of hours contact" then the employee shall receive payment for hours worked in accordance with the applicable overtime provisions. 44.4.5 Where an employee rostered for "on call" or "availability" is recalled to duty, the time spent travelling to and from the place at which duty is to be performed, shall be included with actual duty for the purposes of overtime payment. 44.4.6 Employees subject to this clause shall, where practicable, be periodically relieved from any requirement to hold himself or herself "on call" or "availability". 44.4.7 No employee shall be on out of hours contact after the last working day preceding a period of annual leave or long service leave.

45. HOME BASED WORK 45.1 Subject to this clause, the employer may consider the introduction of working from home arrangements. 45.2 Statutory requirements apply to employees working from home as they do to employees working at an employer's workplace. The employer will ensure an understanding and compliance with all statutory responsibilities prior to any arrangements being sanctioned. 45.3 The employer will undertake a risk assessment of the work activities carried out by employees to identify and manage hazards. In carrying out any assessment, employers must look at who and what may be affected by, and the possible effects of the work being done from home. 45.4 The introduction of working from home arrangements is subject to: 45.4.1 the nature of employees' work being such that it is suited to working from home arrangements; 45.4.2 approval of any arrangement being at the discretion of the employer; 45.4.3 employees agreeing to enter into the working from home arrangements; 45.4.4 the introduction of working from home arrangements being in accordance with the provisions of the employer's policy; and 45.4.5 the employer's policy and procedures addressing: 45.4.5.1 general obligations of both the employer and employees, including such things as insurance, separation of overheads billed to the homeowner and the employee's ordinary hours of work while working from home; 45.4.5.2 duty of care responsibilities owed by the employer and employee under the Occupational Safety and Health Act 1984; and 45.4.5.3 all additional statutory obligations affecting the employer/employee relationship.

46. COMMUTED OVERTIME ALLOWANCE

46.1. The introduction of any commuted allowance in lieu of overtime, on call or shift allowances shall be negotiated between the union and the employer. On the request of either party the other party is obliged to enter into negotiations for such arrangements.

47. EMPLOYMENT DISPUTE RESOLUTION ACT

47.1 Any question, dispute or difficulty that arises out of or in the course of employment, including any industrial matter under this Agreement shall be referred to the Western Australian Industrial Relations Commission under the Employment Dispute Resolution Act 2008.

47.2 The parties agree that the WAIRC, whilst acting under the Employment Dispute Resolution Act 2008, will exercise its power consistent with that accorded it under the Industrial Relations Act 1979.

47.3 The parties agree to fully implement the provisions of IR Act 1979 relating to enforcement, appeal procedure and decisions, directions and determinations of the industrial Commission.

47.4 The parties agree to be bound by the outcome of the WAIRC processes and determinations while the WAIRC is acting under the Employment Dispute Resolution Act 2008.

47.5 The provisions of this clause shall cease on enactment of the Public Sector Legislation Amendment Bill or exclusion of the WA public sector from the national industrial relations system, whichever occurs sooner.

48. NUMBER OF EMPLOYEES COVERED

48.1 At the date of registration the number of employees eligible to be covered by this Agreement is approximately 600.

49. SIGNATURES OF PARTIES

...... Date...... Don Moss WA Branch Director The Association of Professional Engineers, Australia (Western Australian Branch) Organisation of Employees (APEA)

...... Date...... Reece Waldock Chief Executive Officer Public Transport Authority of Western Australia

SCHEDULE ONE BASE-SALARY FOR 37.5 HOUR WEEK EMPLOYEES RATES WITHOUT ANNUALISED LEAVE LOADING (ALL) The base rates in the table below are the rates set prior to calculating annualised leave loading applicable to all salaried employees engaged on a 37.5 hour week with an entitlement to 4 weeks annual leave per annum. For total rates with ALL included, refer to Appendix Part A. These rates apply to all salaried employees unless designated as "operational employees" by the CEO.

TOTAL SALARY RATES EXCLUDING 1.3% LEAVE LOADING FOR EMPLOYEES ON A 37.5 HR WEEK

Salaried 01 April 2008 01 April 2009 01 April 2010 Officers'

LEVEL 1 < 17 yrs 18,004 18,904 19,804 17 yrs 21,501 22,576 23,651 18 yrs 24,997 26,247 27,496 19 yrs 28,493 29,918 31,342 20 yrs 31,989 33,588 35,187 1st Yr Adult Service 34,961 36,709 38,456 2nd Yr Adult Service 36,083 37,887 39,690 3rd Yr Adult Service 37,200 39,060 40,919 4th Yr Adult Service 38,311 40,227 42,142 5th Yr Adult Service 39,431 41,403 43,374 6th Yr Adult Service 40,552 42,580 44,607 7th Yr Adult Service 41,841 43,933 46,024 8th Yr Adult Service 42,734 44,871 47,007 9th Yr Adult Service 44,048 46,250 48,452 LEVEL 2.1 * 45,627 47,908 50,188 2.2 46,835 49,177 51,518 2.3 * 48,106 50,511 52,915 2.4 49,448 51,920 54,391 2.5 * 50,853 53,396 55,938 LEVEL 3.1 52,785 55,424 58,062 3.2 * 54,287 57,001 59,714 3.3 55,838 58,630 61,421 3.4 57,433 60,305 63,176 LEVEL 4.1 * 59,616 62,597 65,577 4.2 61,326 64,392 67,457

4.3 * 63,088 66,242 69,395 LEVEL 5.1 66,481 69,805 73,128 5.2 68,771 72,210 75,647 5.3 71,153 74,711 78,267 5.4 73,625 77,306 80,986 LEVEL 6.1 77,599 81,479 85,357 6.2 80,297 84,312 88,325 6.3 83,098 87,253 91,406 6.4 86,081 90,385 94,687 LEVEL 7.1 90,660 95,193 99,724 7.2 93,826 98,517 103,206 7.3 97,272 102,136 106,998 LEVEL 8.1 102,873 108,017 113,159 8.2 106,883 112,227 117,569 8.3 111,860 117,453 123,044 LEVEL 9.1 118,073 123,977 129,878 9.2 122,268 128,381 134,492 9.3 127,057 133,410 139,760 Class 1 134,296 141,011 147,723 Class 2 141,540 148,617 155,691 Class 3 148,776 156,215 163,651 Class 4 156,363 164,181 171,996

*Salary Points applicable to Level 2/4.

SCHEDULE TWO BASE-SALARY FOR 40 HOUR WEEK EMPLOYEES RATES WITHOUT ANNUALISED LEAVE LOADING

TOTAL SALARY RATES EXCLUDING 1.3% LEAVE LOADING FOR EMPLOYEES ON A 40 HR WEEK

LEVEL 1 < 17 yrs 19,210 20,171 21,131 17 yrs 22,942 24,089 25,236 18 yrs 26,672 28,006 29,338 19 yrs 30,402 31,923 33,442 20 yrs 34,132 35,838 37,545 1st Yr Adult Service 37,303 39,169 41,033 2nd Yr Adult Service 38,501 40,425 42,349 3rd Yr Adult Service 39,692 41,677 43,661 4th Yr Adult Service 40,878 42,922 44,966 5th Yr Adult Service 42,073 44,177 46,280 6th Yr Adult Service 43,269 45,433 47,596 7th Yr Adult Service 44,644 46,877 49,108 8th Yr Adult Service 45,597 47,877 50,156 9th Yr Adult Service 46,999 49,349 51,698 LEVEL 2.1 * 48,684 51,118 53,551 2.2 49,973 52,472 54,970 2.3 * 51,329 53,895 56,460 2.4 52,761 55,399 58,035 2.5 * 54,260 56,974 59,686 LEVEL 3.1 56,322 59,137 61,952 3.2 * 57,924 60,820 63,715 3.3 59,579 62,558 65,536 3.4 61,281 64,345 67,409 LEVEL 4.1 * 63,610 66,791 69,971 4.2 65,435 68,706 71,977 4.3 * 67,315 70,680 74,044 LEVEL 5.1 70,935 74,482 78,028 5.2 73,379 77,048 80,715 5.3 75,920 79,717 83,511

5.4 78,558 82,486 86,412 LEVEL 6.1 82,798 86,938 91,076 6.2 85,677 89,961 94,243 6.3 88,666 93,099 97,530 6.4 91,848 96,441 101,031 LEVEL 7.1 96,734 101,571 106,406 7.2 100,112 105,118 110,121 7.3 103,789 108,979 114,167 LEVEL 8.1 109,765 115,254 120,741 8.2 114,044 119,746 125,446 8.3 119,355 125,322 131,288 LEVEL 9.1 125,984 132,283 138,580 9.2 130,460 136,983 143,503 9.3 135,570 142,348 149,124 Class 1 143,294 150,459 157,620 Class 2 151,023 158,574 166,122 Class 3 158,744 166,681 174,616 Class 4 166,839 175,181 183,520

52 APPENDIX APPENDIX PART A Total Salary Rates Including 1.3% Leave Loading For Employees On A 37.5 Hr Week

TOTAL SALARY RATES INCLUDING 1.3% LEAVE LOADING FOR EMPLOYEES ON A 37.5 HR WEEK

LEVEL 1 < 17 yrs 18,238 19,150 20,061 17 yrs 21,781 22,869 23,958 18 yrs 25,322 26,588 27,853 19 yrs 28,863 30,307 31,749 20 yrs 32,405 34,025 35,644 1st Yr Adult Service 35,415 37,186 38,956 2nd Yr Adult Service 36,552 38,380 40,206 3rd Yr Adult Service 37,684 39,568 41,451 4th Yr Adult Service 38,809 40,750 42,690 5th Yr Adult Service 39,944 41,941 43,938 6th Yr Adult Service 41,079 43,134 45,187 7th Yr Adult Service 42,385 44,504 46,622 8th Yr Adult Service 43,290 45,454 47,618 9th Yr Adult Service 44,621 46,851 49,082 LEVEL 2.1 * 46,220 48,531 50,840 2.2 47,444 49,816 52,188 2.3 * 48,731 51,168 53,603 2.4 50,091 52,595 55,098 2.5 * 51,514 54,090 56,665 LEVEL 3.1 53,471 56,145 58,817 3.2 * 54,993 57,742 60,490 3.3 56,564 59,392 62,219 3.4 58,180 61,089 63,997 LEVEL 4.1 * 60,391 63,411 66,430 4.2 62,123 65,229 68,334 4.3 * 63,908 67,103 70,297 LEVEL 5.1 67,345 70,712 74,079 5.2 69,665 73,149 76,630 5.3 72,078 75,682 79,284

53 Salaried 01 April 2008 01 April 2009 01 April 2010 Officers'

5.4 74,582 78,311 82,039 LEVEL 6.1 78,608 82,538 86,467 6.2 81,341 85,408 89,473 6.3 84,178 88,387 92,594 6.4 87,200 91,560 95,918 LEVEL 7.1 91,839 96,431 101,018 7.2 95,013 99,798 104,500 7.3 98,459 103,430 108,292 LEVEL 8.1 104,060 109,311 114,453 8.2 108,070 113,521 118,863 8.3 113,047 118,747 124,338 LEVEL 9.1 119,260 125,271 131,172 9.2 123,455 129,675 135,786 9.3 128,244 134,704 141,054 Class 1 135,483 142,305 149,017 Class 2 142,727 149,911 156,985 Class 3 149,963 157,509 164,945 Class 4 157,550 165,475 173,290

54 APPENDIX PART B Total Salary including 1.3% leave loading for employees on 40 hr week.

TOTAL SALARY RATES INCLUDING 1.3% LEAVE LOADING FOR EMPLOYEES ON A 40 HR WEEK

LEVEL 1 < 17 yrs 19,460 20,433 21,406 17 yrs 23,240 24,402 25,564 18 yrs 27,019 28,370 29,720 19 yrs 30,797 32,337 33,877 20 yrs 34,576 36,304 38,033 1st Yr Adult Service 37,788 39,678 41,566 2nd Yr Adult Service 39,001 40,951 42,900 3rd Yr Adult Service 40,208 42,219 44,228 4th Yr Adult Service 41,409 43,480 45,550 5th Yr Adult Service 42,620 44,751 46,882 6th Yr Adult Service 43,831 46,023 48,214 7th Yr Adult Service 45,225 47,486 49,746 8th Yr Adult Service 46,190 48,500 50,809 9th Yr Adult Service 47,610 49,990 52,370 LEVEL 2.1 * 49,317 51,782 54,247 2.2 50,623 53,154 55,684 2.3 * 51,996 54,596 57,194 2.4 53,447 56,119 58,790 2.5 * 54,966 57,714 60,462 LEVEL 3.1 57,054 59,906 62,758 3.2 * 58,677 61,611 64,543 3.3 60,354 63,371 66,388 3.4 62,078 65,182 68,285 LEVEL 4.1 * 64,437 67,659 70,880 4.2 66,285 69,599 72,912 4.3 * 68,190 71,599 75,007 LEVEL 5.1 71,857 75,450 79,042 5.2 74,333 78,050 81,765 5.3 76,907 80,753 84,597 5.4 79,579 83,558 87,535

LEVEL 6.1 83,875 88,068 92,260 6.2 86,791 91,130 95,468 6.3 89,818 94,309 98,798 6.4 93,036 97,695 102,325 LEVEL 7.1 97,921 102,865 107,700 7.2 101,300 106,412 111,415 7.3 104,976 110,273 115,461 LEVEL 8.1 110,953 116,548 122,035 8.2 115,231 121,041 126,740 8.3 120,542 126,617 132,582 LEVEL 9.1 127,171 133,578 139,874 9.2 131,647 138,277 144,797 9.3 136,757 143,643 150,418 Class 1 144,481 151,753 158,915 Class 2 152,210 159,869 167,417 Class 3 159,931 167,976 175,910 Class 4 168,027 176,475 184,814

56 APPENDIX PART C Total Salary including 1.9% leave loading for employees on 40 hr week.

TOTAL SALARY RATES INCLUDING 1.9% LEAVE LOADING FOR EMPLOYEES ON A 40 HR WEEK

58 APPENDIX PART D Total Salary including 1.9% leave loading – employees on 37.5 hr 7day/24 hr shiftwork

TOTAL SALARY RATES INCLUDING 1.9% LEAVE LOADING FOR EMPLOYEES ON A 37.5 HR WEEK

60 ATTACHMENT 1

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PUBLIC TRANSPORT AUTHORITY SALARIED OFFICERS OF WESTERN AUSTRALIA AWARD 2003

PART 1 - APPLICATION AND OPERATION OF AWARD

1. TITLE

This award shall be known as the Public Transport Authority Salaried Officers Award of Western Australia 2003.

2. ARRANGEMENT

This award shall be arranged as follows:

1. Title 2. Arrangement 3. Scope, application and parties bound 4. Date the award starts 5. Relationship with other awards 6. Anti-discrimination 7. Definitions

PART 2 - EMPLOYMENT RELATIONSHIP

8. Types of employment 9. Termination of employment 10. Stand down

PART 3 - SALARIES AND RELATED MATTERS

11. Payment of salaries 12. Rates of pay 13. Payment for additional responsibilities

PART 4 - HOURS OF WORK

14. Hours of duty 15. Overtime 16. Shift work 17. On call

PART 5 - LEAVE AND PUBLIC HOLIDAYS

18. Annual leave 19. Annual leave loading 20. Public holidays 21. Personal leave "21A. Bereavement leave 21B. Casuals – caring responsibilities".

61 22. Long service leave 23. Parental leave

PART 6 - ALLOWANCES AND REIMBURSEMENTS

24. Travelling time 25. District allowance 26. Away from home and meal allowances 27. Transfer allowance 28. Property allowance 29. Protective clothing

PART 7 - ENTERPRISE FLEXIBILITY

30. Index of facilitative provisions

PART 8 - DISPUTE SETTLEMENT PROCEDURE

31. Dispute settlement procedure

SCHEDULE A

62 3. SCOPE, APPLICATION AND PARTIES BOUND

3.1 This award applies to employees of the Public Transport Authority of Western Australia who are members of or eligible to be members of the Australian Municipal, Administrative, Clerical and Services Union, West Australian Branch, Federated Clerks Union, and West Australian Railway Officers Union, who are engaged as salaried employees in the in the classification levels specified in clause 12 - Rates of pay.

3.2 The parties bound by this award are the Western Australian Government Railways Commission and the Australian Municipal, Administrative, Clerical and Services Union, West Australian Branch, Federated Clerks Union and West Australian Railway Officers Union.

4. DATE THE AWARD STARTS

This award shall come into effect on 3 February 2003 and shall remain in force for a period of three (3) months.

5. RELATIONSHIP WITH OTHER AWARDS

This award supersedes the Railways Salaried Officers Interim Award 1995.

6. ANTI-DISCRIMINATION

6.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

6.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

6.3 Nothing in this clause is taken to affect:

6.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

6.3.2 junior rates of pay;

6.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

6.3.4 the exemptions in s.170CK(3) and (4) of the Act.

7. DEFINITIONS

For the purpose of this award:

7.1 Head of branch shall mean those positions delegated such authority by the Commissioner of Railways in accordance with the provisions of the Government Railways Act and Public Transport Authority Act.

7.2 Employer shall mean the Public Transport Authority of Western Australia.

7.3 Union shall mean the Australian Municipal, Administrative, Clerical and Services Union, West Australian Branch, Federated Clerks Union, and West Australian Railway Officers Union.

63 7.4 Suburban area means Kwinana to Midland via Fremantle or via Kewdale; and Currambine to Armadale, or as further extended in the future.

PART 2 - EMPLOYMENT RELATIONSHIP

8. TYPES OF EMPLOYMENT

8.1 General

8.1.1 Employees under this award will be employed in one of the following categories:

8.1.1(a) full-time employee; or

8.1.1(b) regular part-time employee; or

8.1.1(c) fixed term contract employee.

8.2 Regular part-time employee

8.2.1 An employer may employ regular part-time employees in any classification in this award.

8.2.2 A regular part-time employee is an employee who:

8.2.2(a) works less than full-time hours of 37.5 per week; and

8.2.2(b) has reasonably predictable hours of work; and

8.2.2(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

8.2.3 At the time of engagement the employer and regular part-time employee will agree in writing on a regular pattern of work, specifying the hours worked each day, the days of the week the employee will work and the actual starting and finishing times each day.

8.2.4 Except as agreed between the employer and employee, the ordinary hours of work for a part-time employee shall be worked between 6.00 a.m. and 6.00 p.m.

8.2.5 The employer shall give an employee one month's notice of any proposed variation to the employee's starting and finishing times and/or particular days worked, provided that the employer shall not vary the employee's total weekly ordinary hours without the employee's consent.

8.2.6 Any agreed variation to the regular pattern of work will be recorded in writing.

8.2.7 An employee and the employer may agree to a temporary variation to an employee's working hours.

If agreement is reached to vary an employee's ordinary hours pursuant to 8.2.7:

8.2.7(a) time worked up to 7.5 hours on any one day shall not be regarded as overtime;

8.2.7(b) overtime shall not be payable unless the total time worked on any day exceeds eight hours;

8.2.7(c) additional days worked, up to a total of five days per week, are also regarded as an extension of the contract and should be paid at the normal rate.

8.2.8 All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 15 - Overtime.

64 8.2.9 The provisions of this award shall apply proportionately to a regular part-time employee unless otherwise specified in this award.

8.3 Fixed term contract employee

8.3.1 An employee who is employed on a fixed term contract shall be employed for a specific project and for a specific period of time.

8.3.2 A fixed term contract may have a renewal clause that can be agreed between the employer and employee.

9. TERMINATION OF EMPLOYMENT

9.1 Notice of termination by employer

9.1.1 In order to terminate the employment of a full-time or regular part-time employee the employer shall give to the employee the period of notice specified in the table below:

Period of continuous service Period of notice

1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years of completed service 4 weeks

9.1.2 In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.

9.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

9.1.4 In calculating any payment in lieu of notice, the salary an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.

9.1.5 The period of notice in this clause, shall not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first fourteen days, neglect of duty or misconduct, and employees engaged for a specific period of time or for a specific task or tasks.

9.2 Notice of termination by an employee

9.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

9.2.2 If an employee fails to give the required notice the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

9.3 Time off during notice period

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

10. STAND DOWN

65 10.1 Where the employer, for any cause outside of the employer's control, or, through industrial action, whether or not on the part of the employee, is unable to provide useful work for an employee in a normal work period, the employer shall be entitled not to pay the employee in respect of any such period; provided that the employee may elect to have such a period paid as annual leave where there is an adequate outstanding entitlement to such leave.

10.2 Any period for which the employee is not paid under the provisions of 10.1 will count as service for the accrual of leave to which the employee would otherwise be entitled under this award, provided that the employee resumes work as required at the end of such period.

10.3 An employee stood down is not entitled to payment for any public holiday occurring during the period of stand down.

PART 3 - SALARIES AND RELATED MATTERS

11. PAYMENT OF SALARIES

11.1 Salaries shall be paid fortnightly no later than the Friday in the week in which the payment is made.

11.2 All salaries shall be paid into accounts (nominated by the employee) with a bank, building society or credit union.

11.3 The salary for a fortnight shall be computed by dividing the yearly rate by 313 and multiplying the result by twelve.

11.4 If an employee is required to repay an amount to the employer, the amount to be repaid from any fortnightly pay will not exceed 10% of the employee's fortnightly salary unless another arrangement has been agreed to between the employer and employee.

12. RATES OF PAY

12.1 The minimum annual salary for all employees shall be in accordance with this clause. Classifications are set out in Schedule A of the award. 12.2 The rates of pay in this Award include the arbitrated safety net adjustment payable under the Safety Net Review-Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility arrangements, Australian workplace agreements, award variations to give effect to enterprise agreements and over Award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

12.3 An employee who has been promoted and has not taken up in the new position shall be paid at the salary applicable to the new position after three months from the date of the employees appointment unless the delay is due to circumstances beyond the control of the employer: provided that where an appeal has been lodged to the Promotions Appeal Board, the date of appointment shall be deemed to be the date of the decision of the Board: provided further that where promotions are made in anticipation of the retirement of an employee, the date of appointment for the purpose of this subclause shall be a date not earlier than the date the retiring employee ceases duty.

12.4 Salary Rates

66 The annual properly fixed minimum rates of pay for employees under this award shall be as follows:

Properly Fixed 2004 Safety Net 2005 Safety Net Minimum Annual Adjustment Adjustment Rate $ $ $ Level 1 Under 17 years 11,136 11,526 11,777 17 years 13,011 13,464 14,132 18 years 15,178 15,709 16,487 19 years 17,568 18,183 18,842 20 years 19,729 20,420 21,197 Adult Service 21,675 22,666 23,553 Level 2 28,285 29,276 30,163 Level 3 32,723 33,714 34,601 Level 4 36,957 37,948 38,835 Level 5 41,214 42,205 43,092 Level 6 48,200 49,191 50,078 Level 7 56,202 57,193 58,080 Level 8 63,774 64,765 65,652 Level 9 73,196 74,187 75,074

12.5 Notwithstanding the provisions of clause 12.4, employees included in classifications set out in this subclause at the time this award was made shall be paid the properly fixed minimum annual rate plus the residual amount per annum. This residual amount shall be progressively reduced by the amount of any Safety Net Adjustment. When the Residual Amount is eliminated, the Properly Fixed Minimum Annual Rate will apply without addition.

Residual amounts reflecting classifications previously set out in clause 12.4 are identified below:

Existing Properly Fixed Residual Properly Fixed Residual Award Rate Minimum Amount Per Minimum Amount Per Per Annum Annual Rate Annum Annual Rate Annum P.A.(2004) P.A.(2005) Level 1 Under 17 yrs 11082 11526 0 11777 0 17 years 12950 13464 0 14132 0 18 years 15105 15709 0 16487 0 19 years 17483 18183 0 18842 0 20 years 19634 20420 0 21197 0

Level 1 1st year Adult Service 21569 22666 0 23553 0 2nd year Adult 23553 Service 22260 22666 0 0 3rd year Adult 23553 Service 22951 22666 285 0

67 4th year Adult 23553 Service 23637 22666 971 84 5th year Adult 23553 Service 24329 22666 1663 776 6th year Adult 23553 Service 25019 22666 2353 1466 7th year Adult 23553 Service 25814 22666 3148 2261 8th year Adult 23553 Service 26364 22666 3698 2811 9th year Adult 23553 Service 27176 22666 4510 3623

Level 2 1st increment 28149 29276 0 30163 0 2nd increment 28895 29276 0 30163 0 3rd increment 29678 29276 402 30163 0 4th increment 30508 29276 1232 30163 345 5th increment 31374 29276 2098 30163 1211

Existing Properly Fixed Residual Properly Fixed Residual Award Rate Minimum Amount Per Minimum Amount Per Per Annum Annual Rate Annum Annual Rate Annum P.A.(2004) P.A.(2005) Level 3 1st increment 32566 33714 0 34601 0 2nd increment 33494 33714 0 34601 0 3rd increment 34450 33714 736 34601 0 4th increment 35433 33714 1719 34601 832

Level 4 1st increment 36780 37948 0 38835 0 2nd increment 37836 37948 0 38835 0 3rd increment 38923 37948 980 38835 0

Level 5 1st increment 41015 42205 0 43092 0 2nd increment 42429 42205 224 43092 0 3rd increment 43898 42205 1693 43092 806 4th increment 45422 42205 3217 43092 2330

Level 6 1st increment 47874 49191 0 50078 0 2nd increment 49541 49191 350 50078 0 3rd increment 51266 49191 2075 50078 1188 4th increment 53108 49191 3917 50078 3030

13. PAYMENT FOR ADDITIONAL RESPONSIBILITIES

13.1 When an employee performs the duties of a particular position higher than that in which the employee is classified for a period of five consecutive working days or more the employee shall be paid from the beginning of such period of higher duties the minimum salary attached to the higher position whilst continuing to perform the duties of that position.

13.2 An employee who is directed to act in a higher position but who is not required to carry out the full duties of the position, shall be paid such proportion of the difference between the employee's salary and that of the higher position as the duties and responsibilities performed bear to the full duties and responsibilities of the higher position.

13.3 Where the duties of a higher position are temporarily performed by two or more employees, they shall each be paid an allowance as determined by the employer.

13.4 The employer may approve the payment for additional responsibilities as prescribed in 13.1 where the employee has performed the duties of the particular position for less than five consecutive working days.

PART 4 - HOURS OF WORK

14. HOURS OF DUTY

14.1 Full-time employees

14.1.1 The ordinary hours of work for a full-time employee shall be an average of 37.5 hours per week, exclusive of Sundays.

14.1.2 Five day week

The spread of the ordinary hours of duty where a five-day week is worked shall be worked Monday to Friday between the hours of 6.00 a.m. and 6.00 p.m. with an interval of a minimum of 30 minutes.

14.1.3 The arrangement for working the average of 37.5 hours per week within the spread of hours as prescribed in 14.1.2 is to be agreed between the employer and employee. This may

69 include arrangements for time worked in excess of 37.5 hours to be taken as time in lieu by agreement between the employer and employee, to a maximum of a single day.

14.1.4 Six day week

The spread of ordinary hours of duty where a six-day week is worked shall be worked Monday to Saturday between the hours of 6.00 a.m. and 6.00 p.m. with an interval of a minimum of 30 minutes, provided that if an employee is rostered to work a sixth shift between Monday and Saturday, all ordinary time worked in the sixth shift shall be paid at the rate of time and a half in addition to the rate prescribed in 15.7 when the sixth shift is worked on a Saturday.

14.1.5 Shift work employees

14.1.5(a) The employer may work part of its operations as shift work.

14.1.5(b) A shift work employee is one who works a regular rotating roster and is required to work over the seven days of the week and/or the 24 hours of the day.

14.1.5(c) The ordinary hours of work for a shift work employee shall be an average of 37.5 hours per week exclusive of Sundays arranged as follows:

14.1.5(c)(i) To provide for an average of 37.5 per week from Monday to Saturday in five shifts over the roster cycle;

14.1.5(c)(ii) The length of the roster cycle shall be agreed between the employer and employee, but shall provide for an average of 37.5 hours per week, exclusive of any work undertaken on Sundays.

14.1.6 Where agreed between the employer and employee(s) the ordinary hours of work for a shift work employee shall be arranged to provide an average of 37.5 hours per week including Sunday as part of the roster cycle. Where such an agreement is reached overtime shall be paid on a daily basis only and is payable for all time worked in excess of the rostered hours in any one shift.

14.1.7 Operational (station) employees

The agreed spread of working hours for operational employees shall not exceed nine hours overall, except in cases of emergency where the spread of hours may be extended to twelve hours for short periods of less than four days.

14.2 Rest periods

14.2.1 Except in cases of emergency or unless in special cases by agreement between the employer and employee, an employee shall not be called on duty unless such employee has had at least eight hours' unbroken rest.

14.2.2 Where an employee has been called out in emergency after having less than eight hours' unbroken rest such employee shall have at least eight hours' unbroken rest before again taking up duty.

14.2.3 Where an employee is required to come on ordinary duty after only eight hours' rest the succeeding rest period shall be ten hours.

14.2.4 In cases where such employees are required to take up duty with less than the prescribed period of rest in 14.2.1, they shall be allowed time at ordinary rates equivalent to that by which the period of rest has been shortened.

14.3 Work outside ordinary hours

70 14.3.1 Any employee called in to work on any day on which the employee has been rostered off shall be given not less than twelve hours' notice or shall be paid for all time worked on such day at the rate of time and a half, unless the employee is otherwise entitled to payment for overtime.

14.3.2 Employees brought on duty outside their ordinary working hours shall, except where such duty is continuous with their ordinary shift, be paid for all such time, with a minimum of three hours' pay at the rate applicable to the day.

14.3.3 Where an employee reports for a rostered shift and is informed of not being required, such employee shall be paid a minimum of three hours pay at the rate applicable to the day.

14.4 No rostered shift, except on a Sunday, shall be less than three hours at the rate applicable to the day.

15. OVERTIME

15.1 Overtime shall mean all time worked in excess or outside of the ordinary working hours in any one week.

15.2 Overtime penalties

15.2.1 Subject to 15.3 and 15.4 all time worked in excess of the recognised working hours in any one week shall be paid for at the rate of time and a half.

15.2.2 All time worked in excess of the ordinary hours in any one shift shall be paid for at the rate of time and one half for the first three hours and double time thereafter.

15.2.3 In the case of operational (station) employees all time worked outside a spread of nine hours shall be paid for at the rate of time and a half for the first hour and double time thereafter.

15.2.4 The time on which a penalty rate has been paid for on a daily basis as prescribed in 15.2.1 will not be subject to the penalty rate on a weekly basis as provided in 15.2.2.

15.3 No overtime payments shall be made for any period of less than 30 minutes of actual time worked in any one day. Any periods up to five minutes on any day are not to count in week's total.

15.4 The first two hours' overtime or any portion thereof in any one day may be adjusted within the week it is worked. Any overtime beyond the two hours will be paid for in accordance with 15.2.1.

15.5 In calculating the number of hours worked per week, time absent on paid sick leave and holidays, shall be treated as time worked.

15.6 Shift work employees who are employed subject to the provisions of 14.1.5 or 14.1.6, shall have weekly overtime calculated on for time worked in excess of the agreed roster cycle, provided further that daily overtime shall be calculated in accordance with 15.2.2.

15.7 Saturday work

All time worked on a Saturday shall be paid at the rate of time and a half.

15.8 Sunday work

15.8.1 Employees, when called upon to work on a Sunday shall be paid for all time worked on Sunday at the rate of double time.

15.8.2 The following shall be the scale for calculating Sunday time:

71 15.8.2(a) Less than a quarter of an hour worked in continuance of a shift beginning on a Saturday or in commencement of a shift terminating on a Monday - nil.

15.8.2(b) Any employee brought on duty on Sunday shall be paid a minimum of four hours' pay at the rate applicable to the day, provided that this shall not apply in the case of a shift starting on Sunday and continuing into Monday, where an ordinary shift may be worked.

15.8.2(c) If an employee works a broken shift on Sunday, a minimum of four hours' pay at the rate applicable to the day shall be paid for each period of work. No broken shift shall consist of more than two parts.

15.8.2(d) Where the break of shift on a Sunday is less than four hours as provided in 15.8.2(c), continuous time shall be paid for provided that one hour for any meal may be booked off without pay at an appropriate time.

15.8.3 No break of shift on a Sunday shall be allowed between 12.00 a.m. and 7.00 a.m. or 9.00 p.m. and 12.00 a.m.

15.9 Where an employee is classified level 5 or above, they shall not be entitled to overtime as prescribed in this clause, unless the overtime is at the direction of the employer.

15.10 Requirement to work reasonable overtime

15.10.1 Subject to 15.10.2 an employer may require an employee to work reasonable overtime at overtime rates.

15.10.2 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

15.10.2(a) any risk to employee health and safety;

15.10.2(b) the employee's personal circumstances including any family responsibilities;

15.10.2(c) the needs of the workplace or enterprise;

15.10.2(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

15.10.2(e) any other relevant matter.

16. SHIFT WORK

16.1 A shift work employee required to work other than day shift will be paid as follows for shifts worked Monday to Friday:

16.1.1 On an afternoon shift which commences before 6.00 p.m. and concludes at or after 6.30 p.m. an allowance of $2.03 an hour will be paid on all time paid at ordinary rate.

16.1.2 On a night shift which commences at or between 6.00 p.m. and 3.59 a.m. will be paid an allowance of $2.36 an hour on all time paid at ordinary rate.

16.1.3 On an early morning shift which commences at or between 4.00 a.m. and 5.30 a.m. will be paid an allowance of $2.03 an hour for all time paid at ordinary rate.

16.1.4 In addition to the hourly shift work allowance an allowance of $2.36 for any shift will be paid where the ordinary time commences or finishes at or between 1.01 a.m. and 3.59 a.m.

16.2 In calculating the shift allowances under this clause broken parts of an hour less than 30 minutes on any shift shall be disregarded and 30 minutes to 59 minutes paid as one hour.

72 17. ON CALL

17.1 An employee who is directed by the employer to be available on call outside their ordinary hours of duty as prescribed in clause 14 - Hours of duty, shall be paid an allowance of $3.17 per hour.

17.2 The allowance provided for in 17.1 shall not be payable for the time when the employee is in receipt of payment in accordance with clause 15 - Overtime, when the employee is recalled to duty.

17.3 To be eligible for payment of the allowance prescribed in this clause, an employee must be contactable and be available for return to duty during the times such employee is required to be on call.

PART 5 - LEAVE AND PUBLIC HOLIDAYS

18. ANNUAL LEAVE

18.1 An employee is entitled to four weeks annual leave for each completed year of continuous service.

18.2 An employee who regularly works shift work as defined in 14.1.5 and who works over the seven days of the week, and/or the 24 hours of the day shall be entitled to five weeks annual leave for each completed year of continuous service.

18.3 An employee who accumulates not less than seventeen qualifying shifts as prescribed in 18.4 during each financial year, shall also be entitled to five weeks annual leave for each completed year of continuous service.

18.4 The accumulation of qualifying shifts as set out in 18.3 shall be:

18.4.1 Working or travelling on duty between 8.00 p.m. and 6.00 a.m. on one or more occasions in any one week;

18.4.2 Receiving one or more telephone calls at an employee's residence during night work hours relating to the employer's business arising out of an emergency and who does not receive payment under 14.3.

18.4.3 Working six or more shifts in any week, excluding Sundays.

18.4.4 No employee shall be credited with more than one qualifying shift per week.

18.5 Entitlement to five weeks annual leave as prescribed in 18.3 shall be in proportion for each completed month of service.

18.6 Annual leave shall accrue on a pro rata basis.

18.7 By agreement between the employer and employee annual leave:

18.7.1 may be taken in one or more parts; and/or

18.7.2 carried forward for a maximum of two years from the date of entitlement.

18.8 An employee shall be paid for annual leave at their classified rate of pay, provided that if immediately before such leave is taken the employee is entitled to payment for acting in a higher capacity and has been so entitled for a period of not less than four weeks continuously, the annual leave shall be paid at the rate applicable to the higher capacity position.

18.9 An employee is entitled to payment of pro rata annual leave upon termination.

73 18.9.1 An employee who is summarily dismissed for misconduct shall not be entitled to pro rata annual leave.

18.10 Annual leave shall be exclusive of the public holidays specified in this award.

18.10.1 Should a public holiday fall within an employee's annual leave, it shall be added to the period of annual leave and taken in conjunction with that leave or at another agreed time.

18.11 The salary payable to a part-time employee during annual leave shall be calculated according to the hours worked by the employee subject to the following:

18.11.1 If an employee consistently worked on a part-time basis for a regular number of hours during the whole of the employee's qualifying service, the employee shall continue to be paid the salary determined on that basis during the leave.

18.11.2 If an employee has worked a varying number of weekly hours during the period of qualifying service (each twelve months continuous service), the payment for leave granted in respect of part-time service is calculated on a proportion of hours worked when employed part- time, as compared to the normal weekly hours of a full-time employee.

18.12 An employee shall be given at least four week's notice before being booked off on annual leave.

19. ANNUAL LEAVE LOADING

19.1 Leave loading will be paid on annual leave calculated as follows:

19.1.1 Employees referred to in 18.1, 17.5% of the pay for the period of leave being cleared.

19.1.2 Employees referred to in 18.2 and 18.3, and who qualify for one week's extra leave - 20% of the pay for the period of leave being cleared.

19.1.3 Employees referred to in 18.2 and 18.3 and who qualify for additional leave but who do not qualify for the full week's leave - 18% of the pay for the period of leave being cleared.

19.1.4 The amount of loading calculated in accordance with this clause shall not exceed the following percentages of the amount set out in the Australian Bureau of Census and Statistics publication for average weekly earnings per male employed unit in Western Australia for the September quarter immediately preceding the date on which the clearance of leave commences:

19.1.4(a) for employees entitled to 17.5% loading - 100%.

19.1.4(b) for employees entitled to 20% loading - 125%.

19.1.4(c) for employees entitled to 18% loading - 112.5%.

19.2 The loading will be paid on pro rata annual leave due to an employee on resignation or retirement.

20. PUBLIC HOLIDAYS

20.1 The following days shall, subject to this award, be allowed as paid holidays:

 New Year's Day;  Australia Day;  Labour Day;  Good Friday;  Easter Monday;  Anzac Day;  Foundation Day;

74  Queen's Birthday;  Christmas Day; and  Boxing Day, or days in lieu thereof.

20.2 Employees shall also be entitled to the other days which may be proclaimed as Western Australian public holidays.

20.3 An employee who is not required to work on a public holiday which falls on an ordinary working day shall be paid at his/her ordinary rate of pay for the normal hours he/she would have worked on such a day if it had not been a public holiday.

20.4 An employee, other than those in receipt of the salary of level 5 employee or above, rostered to work on a public holiday shall be paid as follows:

20.4.1 time and a half for the first eight hours, and thereafter at the rate of double time and a half;

20.4.2 where a public holiday falls on a Saturday all time worked to be paid at the rate of double time and a half.

20.5 The payments prescribed in 20.4 shall be paid to an employee level 5 and above where such work is undertaken at the direction of the employer.

20.6 Time worked on a public holiday on which a time and a half penalty is paid will be counted as part of the week's work for calculation of overtime on a weekly basis. Time worked on a public holiday on which a double time and a half penalty is paid will stand alone and will not be counted for calculation of weekly overtime.

20.7 Penalties paid for working on a public holiday is in lieu of any other penalties which may be due for working on that day.

20.8 In addition to the penalties prescribed in 20.4, any employee who works on a public holiday will be entitled to an additional day's pay unless the employee elects to have a day added to the employee's annual leave or agrees to take the day at some other time agreed time.

20.9 A part-time employee is entitled to the provisions of this clause, provided that such holidays occur on a day which the employee normally works.

21. PERSONAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.

21.1 Amount of paid personal leave

21.1.1 Paid personal leave will be available to an employee when they are absent due to:

• personal illness or injury (sick leave); or

• for the purposes of caring for an immediate family or household member that is sick and requires the employee's care and support (carer's leave); or

• because of bereavement on the death of an immediate family or household member (bereavement leave).

21.2 Immediate family or household

75 21.2.1 The entitlement to carer's or bereavement leave is subject to the person in respect of whom the leave is taken being either:

21.2.1(a) a member of the employee's immediate family; or

21.2.1(b) a member of the employee's household.

21.2.2 The term immediate family includes:

21.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

21.2.2(b) child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

21.3 Sick leave

21.3.1 An employee is entitled to paid sick leave when he or she is absent due to personal injury or illness.

21.3.2 The amount of sick leave to which an employee is entitled is as follows:

Leave on full pay Leave on half pay Weeks Weeks

On date of permanent appointment 1 0.5

On completion of six months service on 1 0.5 permanent staff

On completion of twelve months service on 2 1 permanent staff

On completion of each additional twelve 2 1 months service on permanent staff

21.3.3 To be entitled to payment in accordance with this clause, an employee must:

21.3.3(a) as soon as possible, advise the employer of his/her inability to attend for work;

21.3.3(b) notify the employer in sufficient time of the date on which they will be able to resume duty.

21.3.4 Evidence supporting claim

21.3.4(a) Subject to 21.3.4(b), the employee shall produce a medical certificate or statutory declaration that the employee was unable to work because of injury or personal illness if the absence is greater than two days;

21.3.4(b) The number of days of sick leave which may be granted without the production of the medial certificate prescribed in 21.3.4(a) shall not exceed, in the aggregate, five working days in any one credit year.

21.3.5 If an employee falls sick while on annual or long service leave and produces at the time satisfactory medical evidence that they are or were confined to their place of residence or hospital for a period of at least seven days continuously in the case of annual leave and at least fourteen days continuously in the case of long service leave they may, with the approval of the

76 employer be granted at a time convenient to the employer, additional leave equivalent to the period of sickness falling within the rostered period of leave.

21.3.6 Sick leave shall be paid at the employee's permanent classified rate of pay provided that an employee who has been acting in one higher capacity position and has been paid for such higher capacity for not less than eight weeks continuously immediately prior to the employee ceasing duty on account of illness, will be paid at the rate applicable to the higher position for the remainder of the period during which such employee would have continued acting in the higher position had the employee not ceased duty on account of illness.

21.3.7 An employee on sick leave on full pay shall receive in addition loadings for shift work allowance, shift work penalty and Saturday penalty the employee would have received but for the absence due to illness.

21.3.8 An employee on sick leave on full pay who has reached agreement for the ordinary hours of work to be worked Sunday to Saturday inclusive as prescribed in 14.1.6, shall receive in addition loading for Sunday penalty the employee would have received but for the absence due to illness.

21.4 Bereavement leave

21.4.1 An employee is entitled up to three days bereavement leave on the occasion of the death of a member of the employee's immediate family or household member.

21.4.2 The employer may require the employee to provide satisfactory evidence of the death of the member of the employee's immediate family or household.

21.4.3 Payment in respect of bereavement leave shall be made only where the employee otherwise would have been on duty.

21.4.4 Bereavement leave shall be paid at the employees permanent classified rate of pay provided that an employee who has been acting in a higher capacity position and has been paid for such higher capacity for not less than eight weeks continuously immediately prior to ceasing duty will be paid at the rate applicable to the higher position for the period the employee would have continued acting had the employee not ceased duty.

21.5 Carer's leave

21.5.1 An employee is entitled to use up to five days of accrued sick leave entitlement each year to care for members of his/her immediate family or household who are sick and require care and support. This entitlement is subject to the employee being the primary care giver for the person concerned.

21.5.2 In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person.

21.5.3 The employee must, if required by the employer, establish by production of a medical certificate, the illness of the person concerned and that the illness is such as to require care by another.

21.5.4 An employee may take unpaid carer's leave by agreement with the employer.

22. LONG SERVICE LEAVE

22.1 An employee is entitled to thirteen weeks of long service leave on full pay or 26 weeks on half pay for each period of seven years service completed as a salaried employee.

22.2 Long service leave shall be taken in one period unless agreed between the employer and employee.

77 22.3 For the purpose of this clause service as a salaried employee includes any period during which an employee is absent on leave with full or part pay but does not include:

22.3.1 any period exceeding two weeks during which an employee is absent on leave without pay except in the case of sick leave without pay;

22.3.2 any period during which the employee is taking a long service leave entitlement or any part thereof.

22.4 Long service leave shall be taken within three years of the leave becoming due; provided that the employer may approve the deferment of taking long service leave beyond three years in exceptional circumstances.

22.4.1 Exceptional circumstances shall include retirement within five years of the date of leave becoming due.

22.5 An employee shall be given at least three months notice before being booked off on long service leave.

22.6 Long service leave shall be paid at the employee's permanent classified rate of pay or the rate that the employee has been in continuous receipt of in the twelve months immediately prior to taking long service leave.

22.7 Any public holidays occurring during the period in which an employee is on long service leave will be included as part of long service leave.

22.8 An employee will be entitled to pro rata long service leave only if employment is terminated:

22.8.1 by the employer for other than disciplinary reasons;

22.8.2 due to the retirement of the employee on the grounds of ill health;

22.8.3 due to the death of the employee, in which case the payment is made to the employee's estate;

22.8.4 due to the employee's retirement at the age of 55 years or over, provided that twelve months continuous service has been completed prior to the day from which the retirement takes effect.

23. PARENTAL LEAVE

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

The provisions of this clause apply to full-time, part-time and eligible casual employees, but do not apply to other casual employees.

An eligible casual employee means a casual employee:

(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least twelve months; and

(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.

For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

78 An employer must not fail to re-engage a casual employee because:

(a) the employee or employee's spouse is pregnant; or

(b) the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

An eligible casual employee employed on or after 4 July 2001 shall be entitled to parental leave under the term of the award as of 3 February 2003.

23.1 Definitions

23.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where 'child' means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

23.1.2 Subject to 23.1.3, in this clause, spouse includes a de facto or former spouse.

23.1.3 In relation to 23.5, spouse includes a de facto spouse but does not include a former spouse.

23.2 Basic entitlement

23.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

23.2.2 Subject to 23.3.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

23.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

23.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

23.2.3 Right to Request

23.2.3(a) An employee entitled to parental leave pursuant to the provisions of clause 23.1 may request the employer to allow the employee:

23.2.3(a)(i) to extend the period of simultaneous unpaid parental leave up to a maximum of eight weeks;

23.2.3(a)(ii) to extend the period of unpaid parental leave provided for in clause 23.2.1 by a further continuous period of leave not exceeding 12 months;

23.2.3(a)(iii) to return from a period of parental leave on a part-time basis until the child reaches school age;

23.2.3(a)(iv) to assist the employee in reconciling work and parental responsibilities.

23.2.3(b) The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental

79 responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

23.3 Maternity leave

23.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

23.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;

23.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks.

23.3.2 When the employee gives notice under 23.3.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

23.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

23.3.4 Subject to 23.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

23.3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

23.3.6 Special maternity leave

23.3.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

23.3.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

23.3.6(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

23.3.7 Where leave is granted under 23.3.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

23.4 Paternity leave

23.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

23.4.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

80 23.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

23.4.1(c) a statutory declaration stating:

23.4.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

23.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

23.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

23.4.2 The employee will not be in breach of 23.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

23.5 Adoption leave

23.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

23.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

23.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

23.5.2(b) particulars of any period of adoption leave sought or taken by the employee's spouse; and

23.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

23.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

23.5.4 Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.

23.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

23.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

23.6 Variation of period of parental leave

Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

81 23.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks.

23.8 Transfer to a safe job

23.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

23.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

23.9 Returning to work after a period of parental leave

23.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

23.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 23.8, the employee will be entitled to return to the position they held immediately before such transfer.

23.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

23.10 Replacement employees

23.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

23.10.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

PART 6 - ALLOWANCES AND REIMBURSEMENTS

24. TRAVELLING TIME

Employees will be paid for travelling time at ordinary time for the first eight hours and at half time to a maximum of eight hours thereafter in any one day. Saturday and Sunday travelling time shall be paid for at the rate of time and a half. This will be paid when employees travel outside normal hours at the direction of the employer.

24.1 Travelling time - temporary duties

24.1.1 An employee temporarily required to work away from their usual place of work is entitled to be:

24.1.1(a) paid for time spent travelling before or after work in excess of what would normally be incurred in travelling between home and their usual place of work;

82 24.1.1(b) reimbursed any reasonable and actual additional fares that are in excess of what would normally be incurred in travelling between home and their usual place of work;

24.1.1(c) reimbursed the cost incurred in the use of the employee's private motor vehicle in accordance with the rates prescribed in the Public Service Award 1992, an Award of the Western Australian Industrial Relations Commission as updated from time to time; provided that the employee's consent to use such employee's vehicle to travel to and from work has been obtained and the use of the employees vehicle has been authorised in advance.

24.1.1(d) Reimbursement shall be limited to the difference between the distance actually travelled from the employee's residence to the usual place of employment and the employee's residence and the temporary place of employment.

24.2 This clause shall not apply to employees who have been permanently transferred.

25. DISTRICT ALLOWANCE

25.1 Employees with dependants shall be paid allowances as under:

25.1.1 $442.10 per annum - Kalgoorlie, Esperance

25.2 The rate of district allowance that is paid to an employee without dependants shall be one- half of that paid to an employee with dependants.

25.3 District allowance will not be paid where an employee is absent on leave without pay for a week or more.

25.4 An employee temporarily working at Kalgoorlie/Esperance in excess of one week shall also receive the district allowance as prescribed in 25.1.

25.5 For the purposes of this clause a dependant is:

25.5.1 a spouse or defacto spouse; or

25.5.2 where there is no spouse, children or any other relative who relies on the employee for their main support; who does not receive a district or location allowance of any kind.

25.6 Adjustment of rates

25.6.1 The rates expressed in 25.1 shall be adjusted administratively based on movements in the Consumer Price Index for Perth for the twelve months to 31st March, as published by the Australian Bureau of Statistics, and the operative date of the new rate shall be the first pay period on or after July 1st of each year.

26. AWAY FROM HOME AND MEAL ALLOWANCES

26.1 Allowances to meet travelling expenses of employees where an overnight stay at a hotel or motel is involved will be paid:

[26.1.1 substituted by PR960488 ppc 04Jul05]

26.1.1 A B C All employees for Employees with Employees without 42 days dependants after 42 dependants after days 42 days

Per day Per day Per day

83 $ $ $

WA - Suburban area 181.20 90.60 60.40 South of 26° latitude 163.00 81.50 54.35

Interstate - Capital City Sydney 240.00 120.00 80.00 Melbourne 240.35 120.20 80.10 Other Capitals 203.15 101.60 67.65

Interstate - Other than Capital 163.00 81.50 54.35 City

26.1.2 Where accommodation other than at a hotel or motel is obtained.

South of 26° latitude 75.75 Interstate 92.05

26.1.3 To calculate the reimbursement under 26.1.1 and 26.1.2 for a part of a day the following will apply:

Breakfast 10% Lunch 15% Dinner 25% Bed 50%

Provided that in the case of the proportions for meals on departure and arrival:

26.1.3(a) the circumstances of the trip were such that the employee could not reasonably be expected to have the meal at the employee's home or lodging before departure or after arrival; and

26.1.3(b) the employee's certification that each meal claimed was actually purchased.

26.1.4 When an employee is required by the employer to attend a course, conference, etc. and this involves an overnight stay and the employee is provided with accommodation and meals free of charge, then the employee shall be reimbursed $6.25 for each day in lieu of the allowances prescribed in 26.1.

26.2 Where an employee travels to a place outside a radius of 50 kilometres and the trip does not involve an overnight stay reimbursement for all meals claimed shall be subject to:

26.2.1 the circumstances of the trip being such that the employee could not reasonably be expected to have the meal at the employees home or lodging before departure or after arrival;

26.2.2 the employee's certification that each meal claimed was actually purchased.

Breakfast 12.70 Lunch 12.70 Evening meal 32.65

26.3 An employee travelling on duty within a radius of 50 kilometres from their normal place of employment which requires their absence from their home station over the usual meal period shall be paid the amount of $4.20 for each meal necessarily purchased, provided that:

26.3.1 such travelling is not a normal feature in the performance of the employee's duties

84 26.3.2 total reimbursement under this subclause for any one pay period shall not exceed the amount of $21.05.

26.4 Meal allowances

Where an employee required to work overtime of not less than two hours shall, subject to the approval of the employer, be allowed any expense incurred in obtaining a meal up to a maximum of $7.30.

26.5 In special cases the rates set out in 26.1 may be increased by the employer in order to meet additional costs reasonably incurred, evidence of which shall be produced.

27. TRANSFER ALLOWANCE

27.1 When an employee is transferred from one locality to another outside of a radius of 50 kilometres from the employee's existing home location in the ordinary course of promotion or transfer at the direction of the employer, the employee shall:

27.1.1 be reimbursed the actual reasonable costs incurred in the conveyance of the employee and the employee's dependants and the actual reasonable cost incurred in the movement of the employee's furniture effects and appliances;

27.1.2 paid an allowance of $523.40 for accelerated depreciation and extra wear and tear on the employee's furniture, effects and appliances;

27.1.3 if the employee has furniture, allowed one day for packing and one day for unpacking which must be taken at the time of transfer; and

27.1.4 granted free travel passes on the employer's services for the employee and their dependants.

27.2 An employee who transfers at his/her own request, shall be entitled to the provisions of 27.1.4. In addition, the employer, may at its discretion, provide for the provisions of 27.1.1, 27.1.2, 27.1.3, and 27.1.4.

27.3 No employee shall be transferred for a period less than three months. If required to work temporarily away at another location for relief or other purposes for a lesser period, the employee shall be paid away from home allowance as per clause 26 - Away from home and meal allowances.

27.4 Any employee transferred (other than at the employee's request) who is unable to secure housing accommodation may be granted expenses at the discretion of the employer.

27.5 An employee required to transfer permanently from one location to another shall be given at least ten days' notice of the actual date of transfer.

28. PROPERTY ALLOWANCE

28.1 When an employee is transferred from one locality to another outside a radius of 50 kilometres from the employees existing home location in the ordinary course of promotion or transfer, the employee shall be entitled to be paid a property allowance for reimbursement of prescribed expenses incurred by the employee:

28.1.1 In the sale of a residence in the employee's former locality, which, at the date on which the employee received notice of transfer to the employee's new locality:

28.1.1(a) the employee owned and occupied; or

28.1.1(b) the employee was purchasing under a contract of sale providing for vacant possession; or

85 28.1.1(c) the employee was constructing for the employee's own permanent occupation, on completion of construction; and

28.1.2 in the purchase of a residence or land for the purpose of erecting a residence thereon for the employee's own permanent occupation in the new locality.

28.2 The prescribed expenses to be reimbursed will include:

28.2.1 Legal fees and disbursements paid to a solicitor or in lieu thereof fees charged by a settlement agent in respect of each transaction.

28.2.2 Fifty percent of the amount the employee paid to a real estate agent in respect of the sale of the residence or in lieu thereof expenses incurred by the employee in advertising the residence for sale.

28.2.3 Legal fees and disbursements paid to a solicitor in respect of the discharge of a first mortgage on the sale of the residence.

28.2.4 Legal fees and disbursements paid to a solicitor in securing a mortgage on the land in conjunction with the purchase of the residence or in lieu thereof expenses incurred by the employee in connection with the purchase or such mortgage.

28.2.5 Stamp duty.

28.2.6 Fees paid to the Registrar of Titles.

28.2.7 Residence includes any accommodation of a kind commonly known as a flat or home unit that is, or is intended to be, a separate tenement.

28.3 For the purpose of this award it is immaterial that the ownership, sale or purchase is:

28.3.1 solely or jointly or in common with:

28.3.1(a) the employee's spouse;

28.3.1(b) a dependent relative; or

28.3.1(c) the employee's spouse and a dependant relative.

28.4 Where the employee sells or purchases a residence jointly or in common with another person, not being a person referred to in 28.3, the employee shall be paid only the proportion of the prescribed expenses for which the employee is responsible.

28.5 An application by an employee for a property allowance shall be accompanied by evidence of the payment by the employee of the prescribed expenses, being evidence that is satisfactory to the employer.

28.6 Notwithstanding the foregoing provisions, an employee is not entitled to the payment of a property allowance:

28.6.1 in respect of a sale or purchase prescribed in 28.1 which is effected:

28.6.1(a) more than twelve months after date on which the employee took up duty in the new locality; or

28.6.1(b) after the date on which the employee received notification of being transferred back to the former locality; provided that the employer may, in exceptional circumstances grant an extension of time for such period as is deemed reasonable.

86 28.6.2 Where the employee is transferred from one locality to another solely at the employee's own request or on account of misconduct.

29. PROTECTIVE CLOTHING

Where an employee is required to provide any specialised and/or protective clothing the employer will reimburse the employee for the cost of purchasing such clothing. The provisions of this clause do not apply where the specialised or protective clothing is provided by the employer.

PART 7 - ENTERPRISE FLEXIBILITY

30. INDEX OF FACILITATIVE PROVISIONS

30.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between an individual employer and the Union and/or an employee, or the majority of employees, in the enterprise or workplace concerned.

30.2 Facilitative provisions in this award are contained in the following clauses:

Subject matter Clause number Part-time employment 8.2.7 Hours of duty - five day week 14.1.3 Shift work employees 14.1.6

PART 8 - DISPUTE SETTLEMENT PROCEDURE

31. DISPUTE SETTLEMENT PROCEDURE

31.1 Disputes arising under this award shall be dealt with in accordance with this clause.

31.2 The matter shall first be discussed between the employee and immediate supervisor within three working days after the issue has arisen.

31.3 If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant supervisor's manager and an attempt made to find a satisfactory solution, within a further three working days. A Union or other representative may accompany an employee.

31.4 If the dispute is still not resolved, the employee/s or their representative may refer it to the Commissioner or his/her nominee.

31.5 Where the dispute cannot be resolved within five working days of the employee/s or their representative's referral of the dispute to the Commissioner or his/her nominee, either party may refer the matter to the WAIRC.

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

SCHEDULE A

SCHEDULE OF CLASSIFICATION OF POSITIONS

SECRETARIAT

CLERICAL/ADMINISTRATIVE

Level 4

87 Administrative Officer Railway Liaison Officer to the Minister Registrar of Correspondence Senior Public Affairs Officer

Level 3

Assistant Administrative Officer Public Affairs Officer Officer-in-Charge, Light Vehicle Pool

Level 2

Classifying and Indexing Officer Conference Officer Private Secretary to Commissioner Registry Officer

Level 1 Classified

File Examination Officer Assistant Classifying and Indexing Officer Personal and Vacancy Officer Mail Distribution Officer File Search Officer General Officer Private Secretary to the Secretary for Railways Public Affairs Assistant

INVESTIGATION

Level 4

Chief Railway Investigator SCHEDULE OF CLASSIFICATION OF POSITIONS CONT.

INVESTIGATION - contd.

Level 3

Senior Railway Investigator

Level 2

Assistant to Senior Railway Investigator Railway Investigator

Level I Classified

Patrol Officer

PLANNING AND REVIEW GROUP

Level 5

Senior Internal Auditor Internal Auditor EDP

88 Level 4

Internal Auditor Senior Research Officer

Level 3

Internal Auditor Timekeeping Controller Planning Systems Analyst

Level 2

Assistant Internal Auditor

Level 1 Classified

Accounting Assistant

FINANCE ACCOUNTING AND SUPPLY DIRECTORATE

FINANCE AND ACCOUNTING

Level 5

Financial Accountant Administration Officer Freight Payrolls Administrator Systems Accountant

Level 4

Administration Officer Passenger Principal Research Officer Senior Accounts Receivable Officer Personnel Records Controller Accounting Systems Development Officer Relief Accountant

Level 3

Administrator Funds Accounts Payable Controller Branch Personnel Officer General Officer Leave Controller Payrolls Controller Marketing and Operations Payrolls Controller Civil Engineering and Mechanical Assistant Financial Accountant Senior Quality Controller Systems Officer Special Freight Officer

Level 2

Cashier Assets Ledger Controller Bulk Freight Officer Intersystem Quality Controller

89 Revenue Reconciliation Officer Financial Accounting Officer Wagon Accounting Officer Credit Officer Commodity Statistics Officer Finance Officer Accounts Receivable Officer FINANCE ACCOUNTING AND SUPPLY DIRECTORATE CONT.

FINANCE and ACCOUNTING - contd.

Level 2 cont.

Funds Officer Personnel Assistant Assistant to Payrolls Controller CE and Mechanical Assistant to Payrolls Controller Marketing and Operations Assistant to Personnel Records Controller Cash Allocation Officer Data Control Officer Fares Refunds Officer General Officer Miscellaneous Revenue Officer Passenger Revenue Officer Payrolls Controller - Salaries Suburban Passenger Officer Statistics Officer Senior Timekeeper, Systems Senior Timekeeper, Training Projects Officer Corporate Budget Assistant Assistant Financial Accounting Officer General Ledger Operations Officer

Level l Classified

Agencies Passenger Officer Assistant to Accounts Payable Controller Data Distribution Officer Deductions Assistant Document Verifying Officer General Assistant (Payrolls) General Officer Intersystem Data Control Officer Leave Assistant General Assistant, Pay Office Payrolls Assistant, CE and Mechanical Payrolls Assistant, Marketing and Operations Personnel Assistant Computer Operator Damages Officer Assistant to Senior Quality Controller Assistant Miscellaneous Revenue Officer Private Secretary to Director Finance Accounting Assistant SUPPLY DIVISION

Level 5

90 Supply Liaison Officer Inventory Control Supervisor Purchasing Supervisor Warehouse Foreman

Level 4

Accounts and Systems Supervisor Contracts Officer Systems Administrator Salvage Manager

Level 3

Senior Accounts Officer Senior Purchasing Officer General Officer Senior Catalogue Officer Staff Officer Materials Analysis Officer Contracts Assistant Supply Development Officer

Level 2

Technical Officer (Electrical) General Officer Sales and Depreciation Officer Technical Officer (Mechanical) Purchasing Officer Computer Systems Development Officer Assistant Foreman Warehouse Assistant Catalogues Officer Registry Officer General Officer Salvage Foreman Accounts Officer

SUPPLY DIVISION

Level 1 Classified

Accounts Assistant Assistant Materials Analysis Officer Purchasing Assistant Purchasing Representative Reconciliation Officer General Officer Assistant Foreman (Despatch) Assistant Foreman (Receiving) Uniform Officer Salvage Assistant

MARKETING BRANCH

Level 5

Project Development Manager Sales and Services Manager

91 Senior Economic Analyst Section Administrator (Passenger Business) Property Administrator

Level 4

Administration Manager Catering Manager Business Development Manager Passenger Development Manager Business Research Officer Business Information Officer

Level 3

Administrator, Interstate Freight Cost Research Officer Economic Analyst Rates Co-Ordinator Sales Officer, Geraldton Sales Officer, Katanning (Temporary) Sales Officer, Merredin Sales Officer, Narrogin Sales Officer, Northam MARKETING BRANCH - contd.

Level 3 - contd.

Travel Centre Manager Travel Promotions Manager Assistant Business Development Manager Catering Supervisor Station Master, East Perth Terminal Reservations Manager, Perth Terminal

Level 2

Accounting Officer Road Services Officer, East Perth Station Master, Kalgoorlie Assistant to Property Administrator Business Analyst Passenger Liaison Officer Project Officer Promotions Officer Accounts Clerk General Clerk Assistant Catering Supervisor Accounting Officer, East Perth Terminal Catering Officer, Forrestfield Interstate Coaches Clerk, East Perth Terminal General Clerk, East Perth Terminal Senior Reservations Clerk, East Perth Terminal Foreman Carriage Shed, Forrestfield Terminal Manager, Bunbury Station Master, Northam Assistant Station Master, East Perth Terminal Group Travel Officer Passenger Sales Officer, City Passenger Sales Officer, East Perth Terminal

92 Booking Clerk, Albany Booking Clerk, Bunbury Passenger Terminal Booking Clerk, Geraldton Booking Clerk, Kalgoorlie Assistant Terminal Manager, Bunbury Station Master, Merredin MARKETING BRANCH - contd.

Level l Classified

Officer-in-Charge Goods Office, Narrogin Accounts Officer Sales Assistant Travel Consultant Administrative Assistant (Passenger Business) Assistant Road Services Officer, East Perth Cashier, East Perth Terminal General Clerk, Passenger Section, Forrestfield General Clerk, East Perth Terminal (Booking Office) Luggage Officer, East Perth Terminal Relief Clerk, East Perth Terminal Reservations Clerk, East Perth Terminal Stock Control Clerk, Passenger Section, Forrestfield Enquiry Clerk, East Perth Terminal Manager, Perth Manager, Kalgoorlie Private Secretary to Marketing Director General/Stocktaking Officer General/Stocktaking Officer, Forrestfield General/Ticketing Officer, Albany General/Ticketing Officer, Geraldton Travel Promotions Officer

OPERATIONS BRANCH (EXCLUDES INFORMATION TECHNOLOGY)

NOTE: Unless shown to the contrary, the location is Westrai1 Centre.

Level 5

Branch Personnel Officer Principal Research Officer Senior Wagon Controller Finance Officer

Level 4

Section Administrator (Operations) Timetables Officer Transport Officer Locomotive Utilisation Officer OPERATIONS BRANCH (Excludes Information Technology) - contd.

CLERICAL/ADMINISTRATIVE - contd.

Level 4 cont.

Senior Research Officer

93 Economic Research Officer Relief Officer Senior Administration Officer Senior Project Officer Liaison Officer (Transport Operations) (Temp) P.U.R.E.P. Training Officer Operations Research Officer Shift Commander, Perth

Level 3

Budget Officer Bulk Traffic Controller Relief Officer Research Officer Personnel Officer (Loco Operations) Senior Personnel Officer Transport Planning Officer Transport Officer Train Controller, West Merredin Train Controller, Picton Junction Train Controller, Northam P032832 Monitoring Control Supervisor Senior Research Officer Equipment Officer Special Wagons Officer Suburban Timetables Officer

Level 2

Assistant Timetables Officer Relief Officer Economic Research Officer Assistant Timetables Officer (C.A.T.S.) Personnel Officer Instructor Train Controller Transport Analyst Staff and Correspondence Clerk, Kewdale

OPERATIONS BRANCH (Excludes Information Technology) contd.

CLERICAL/ADMINISTRATIVE – contd.

Level 2 cont.

Depot Officer, Narngulu Booking Clerk, Midland General Clerk, Perth Road services Officer, Bunbury P033253 Ticketing Control Officer P032855 Ticketing Control Officer P032990 Video Surveillance Officer

Level 1 Classified

Accounting Officer, Perth Booking Office General Clerk, Forrestfield Operations General Clerk, Kewdale

94 Received Clerk, Kewdale Relief Clerk, Perth Relief Clerk, Kewdale General Clerk, Kwinana Timekeeper, Perth Timekeeper, Picton Junction Timekeeping Clerk (Loco Operations), Forrestfield Yard Master's Clerk, Avon Yard Freight Officer, West Kalgoorlie Wagon Accounting Record System Clerk, Kewdale General Clerk, Kewdale Depot Officer, West Merredin Timekeeping Clerk, Forrestfield Container Controller, Kewdale General/Ticketing Officer, Fremantle Accounts Assistant, Perth General/Timekeeping Assistant, Perth General/Ticketing Officer, Perth Deleted by PR961520 [P032964 Operator Surveillance, Perth] Deleted by PR961520 [P032965 Operator Surveillance, Perth] Deleted by PR961520 [P032966 Operator Surveillance, Perth] Deleted by PR961520 [P032967 Operator Surveillance, Perth] Deleted by PR961520 [P032968 Operator Surveillance, Perth] Deleted by PR961520 [P032969 Operator Surveillance, Perth] Deleted by PR961520 [P032956 Operator Surveillance, Perth] Deleted by PR961520 [P032957 Operator Surveillance, Perth] Deleted by PR961520 [P032958 Operator Surveillance, Perth] Deleted by PR961520 [P032959 Operator Surveillance, Perth]

OPERATIONS BRANCH (Excludes Information Technology) - contd.

INSPECTORIAL AND SUPERVISORY

Level 4

Passenger inspector, Perth Area Co-Ordinator, Forrestfield Area Co-Ordinator, Kewdale Shed Foreman (Loco Operations), Forrestfield District Special Co-Ordinator Senior Locomotive Inspector, Forrestfield Occupational Health and Safety Co-Ordinator Locomotive Inspector, Avon Locomotive Inspector, Bunbury Locomotive Inspector, Forrestfield Locomotive Inspector, Narngulu Locomotive Inspector, West Merredin Locomotive Inspector, Kwinana Locomotive Inspector, Perth Locomotive Inspector, Wagin Locomotive Inspector, West Kalgoorlie OPERATIONS BRANCH (Excludes Information Technology) – contd.

INSPECTORIAL and SUPERVISORY - contd.

Level 3

Inspector Safeworking

95 Locomotive Sub-Foreman, Forrestfield Relief Locomotive Sub-Foreman, Forrestfield

Level 2

Shed Foreman (Loco Operations), Avon Shed Foreman (Loco Operations), Kalgoorlie Shed Foreman (Loco Operations), West Merredin Area Co-Ordinator, Wagin Locomotive Sub-Foreman, Avon Depot Officer, Kwinana Platform Inspector, Perth Freight Yard Foreman, Robb Jetty Area Foreman, Picton Junction Foreman, Avon Yard Foreman, Forrestfield Foreman (Piggyback), Kewdale Foreman (Relief), Forrestfield Foreman, Robb Jetty Foreman (Carriage Cleaning Sheds), Claisebrook Intermodal Yard Foreman, Kewdale Locomotive Sub-Foreman, West Merredin Area Foreman, Narngulu

Level 1 Classified

Shed Foreman (Loco Operations), Narrogin Assistant Area Co-Ordinator, Wagin Assistant Area Co-Ordinator, Katanning Inspector (Metro Rail Passenger Operations), Perth Inspector (Metro Rail Passenger Operations), Perth (Temporary)

YARD MASTERS, STATION MASTERS, AREA MANAGERS, STATION RELIEF OFFICERS AND OPERATIONS OFFICERS

Level 4

Yardmaster, Avon Yard Yardmaster, Picton Junction Station Relief Officer OPERATIONS BRANCH (Excludes Information Technology) contd.

YARD MASTERS, STATION MASTERS, AREA MANAGERS, STATION RELIEF OFFICERS and OPERATIONS OFFICERS - contd.

Level 3

Station Relief Officer Station Relief Officer, Picton Junction Yard Master, Forrestfield Yard Master, Narngulu

Level 2

Station Master, Esperance Station Master, Manjimup Station Master, Three Springs Station Master, Midland Station Relief Officer, Northam

96 Station Relief Officer, West Merredin Station Relief Officer, Narngulu Station Relief Officer, Forrestfield Station Relief Officer, (Adjust), Forrestfield Yard Master, West Merredin Station Master, Perth Yard Master, West Kalgoorlie Yard Master, Kwinana Operations Officer, Coorow Operations Officer, Corrigin Operations Officer, Manjimup Operations Officer, Dalwallinu Operations Officer, Dowerin Operations Officer, Cranbrook Operations Officer, Kulin Operations Officer, Katanning Operations Officer, Mingenew Operations Officer, Narembeen Operations Officer, Lake Grace Operations Officer, Perenjori Operations Officer, Quairading Operations Officer, Southern Cross Operations Officer, Mukinbudin Operations Officer, Moora Yard Master, Albany Station Master, Armadale Station Master, Fremantle Station Master, Goomalling Yard Master, Collie Station Relief Officer, (Adjust), Perth OPERATIONS BRANCH (Excludes Information Technology) - contd.

YARD MASTERS, STATION MASTERS, AREA MANAGERS, STATION RELIEF OFFICERS and OPERATIONS OFFICERS - contd.

Level 2 cont.

Station Relief Officer, Kwinana Station Relief Officer, Narrogin Station Relief Officer, (Adjust), West Merredin Station Relief Officer, West Kalgoorlie Station Relief Officer, (Adjust), West Kalgoorlie Station Relief Officer, Picton Junction Station Relief Officer, (Adjust), Picton Junction Station Relief Officer, (Adjust), Narngulu Station Relief Officer, (Adjust), Kwinana Station Master, Narrogin

Level 1 Classified

Station Relief Officer, Westrail Centre Station Relief Officer, Kwinana Station Relief Officer, Northam Station Relief Officer, Narrogin Station Relief Officer, West Kalgoorlie Station Relief Officer, Albany Station Relief Officer, Forrestfield Station Relief Officer, West Merredin

97 ASSISTANT AND NIGHT STATION MASTERS, ASSISTANT AND NIGHT YARD MASTERS

Level 2

Assistant Yard Master, Avon Yard Night Yard Master, Avon Yard Assistant Station Master, Narrogin Assistant Yard Master, Picton Junction Assistant Yard Master, Kwinana Night Yard Master, Kwinana Assistant Yard Master, Narngulu Night Yard Master, Picton Junction Assistant Yard Master, West Kalgoorlie Night Yard Master, Narngulu OPERATIONS BRANCH (Excludes Information Technology) - contd.

ASSISTANT and NIGHT STATION MASTERS, ASSISTANT and NIGHT YARD MASTERS contd.

Level 1 Classified

Assistant Station Master, Midland Assistant Station Master, Three Springs Assistant Yard Master, Albany Assistant Station Master, Armadale Night Station Master, Armadale Assistant Station Master, Narrogin Assistant Station Master, Fremantle Assistant Station Master, Goomalling Night Station Master, Goomalling

OPERATIONS BRANCH - (INFORMATION TECHNOLOGY)

Level 5

Security Co-Ordinator Principal Analyst/Programmer Systems Programmer Data Base Admimistrator Information Centre Co-Ordinator Personal Computer Co-Ordinator Operations Supervisor Software Quality Assurance Co-Ordinator

Level 4

Senior Analyst/Programmer

Level 3

Assistant Data Base Administrator Shift Leader Network Controller Senior Production Control Clerk Security Analyst

Level 2

98 Assistant Project Officer (MOB Systems) Analyst/Programmer User Support Analyst Senior Systems Officer Supervisor Typing Bureau OPERATIONS BRANCH - (INFORMATION TECHNOLOGY) - contd.

Level 1 Classified

Computer Operator Data Processing Supervisor Assistant Data Processing Supervisor Assistant Supervisor Typing Systems Assistant General/Personne1 Officer Technical Assistant

HUMAN RESOURCES BRANCH

Level 5

Co-Ordinator Equal Opportunity Manager, Railways Institute Occupational Therapist Training and Development Consultant (Civil, C & S and Secretariat) Training and Development Consultant (Marketing Operations and Human Resources) Employee Assistance Programme Co-Ordinator

Level 4

Personnel Officer Systems Development Project Officer Personnel Officer Careers Development Officer Administrative Officer, Railways Institute Workers Compensation Officer Rehabilitation Counsellor Industrial Relations Officer Employee Assistance Counsellor

Level 3

Senior Instructor (First Aid) PTraining Officer

Level 2

Personnel Officer Assistant Training Officer Noise Officer

OPERATIONS BRANCH - (INFORMATION TECHNOLOGY) - contd.

HUMAN RESOURCES BRANCH - contdu

Level 1 Classified

Personnel Officer Industrial Assistant

99 Training Administrative Assistant Workers Compensation Assistant Occupational Health and Safety Assistant General Officer, Railways Institute

CIVIL ENGINEERING BRANCH

Level 4

Administrative Officer (Temp)(P.U.R.E.P.) Branch Personnel Officer Building Services and Special Officer Administrator, D.E. Office, Narrogin Training Officer Budget Officer (Capital Works) Budget Officer (Operating Expenditure) Contracts and Supply Officer Administrator, D.E. Office, Bunbury Administrator, D.E. Office, Geraldton Administrator, D.E. Office, Kalgoorlie Administrator, D.E. Office, Northam Administrator, D.E. Office, Perth Relief Officer Occupational Health and Safety Co-Ordinator

Level 3

Assistant Branch Personnel Officer Contracts and Supply Officer (Temp)(P.U.R.E.P.) Computer Applications Officer Costing Officer Housing Officer

Level 2

Assistant Occupational Health and Safety Co-Ordinator Costing Officer, D.E. Office, Kalgoorlie Costing Officer, D.E. Office, Narrogin Costing Officer, D.E. Office, Northam OPERATIONS BRANCH - (INFORMATION TECHNOLOGY) – contd.

CIVIL ENGINEERING BRANCH - contd.

Level 2 - contd.

Costing Officer, (Operating Expenditure), Perth Division Assistant Materials and Leases Officer Plan Recorder Relief Officer Costing Officer (Temp)(P.U.R.E.P.) Costing Officer (Capital Works) D.E. Office, Perth Assistant, Works Section Budget Assistant Out of Gauge Loading Officer Personnel Officer Assistant Computer Applications Officer Instructor, Guildford

100 Level l Classified

General Assistant, D.E. Office, Perth Staff Officer, D.E. Office, Kalgoorlie Staff Officer, D.E. Office, Narrogin Staff Officer, D.E. Office, Northam Staff Officer, D.E. Office, Perth Assistant Costing Officer Relief Officer Accounting Assistant Housing Assistant Staff Assistant General Officer (Works) General Officer (Flashbutt), Midland Costing Assistant, Northam Costing Assistant, Narrogin Costing Assistant, Kalgoorlie Private Secretary to Chief Civil Engineer Administrative Assistant (P.U.R.E.P.)

Level 4

Construction Inspector Inspector Permanent Way, Perth Landscaping Manager, East Perth Supervisor Structures, Perth

INSPECTORIAL AND SUPERVISORY - contd.

Level 3

Inspector (On Track Machines) Inspector Permanent Way, Bunbury Inspector Permanent Way, Geraldton Inspector Permanent Way, Kalgoorlie Inspector Permanent Way, Narrogin Inspector Permanent Way, Northam Inspector Permanent Way, Perth Inspector, Plant and Machinery Permanent Way Materials Inspector Rail Welding Inspector Flashbutt Welding Depot Relief Inspector, Permanent Way Supervisor Structures, Bunbury Supervisor Structures, Geraldton Supervisor Structures, Kalgoorlie Supervisor Structures, Merredin Supervisor Structures, Narrogin Supervisor Structures, Northam Earthworks and Trackworks Supervisor

Level 2

Foundation Supervisor (Temp)(P.U.R.E.P.) Foreman Carpenter, Forrestfield Foreman, Flashbutt Welding Depot, Midland

101 Sleeper Depot Inspector, Picton Junction Sleeper Renewal Assessor Supervisor, Resleepering Team Technical Officer (Rail Flaw Detection) Foreman Plumber, Forrestfield

COMMUNICATIONS AND SIGNALS

Level 4

Personnel Officer

Level 3

Project Supervisor (Signalling) Finance and Works Officer

COMMUNICATIONS AND SIGNALS - contd.

Personnel Officer - contd.

Level 2

Materials Officer (Communications & Signalling) (P.U.R.E.P.) Budget Officer Costing Officer Co-Ordinating Officer Telephone Supervisor * Administrative Assistant (P.U.R.E.P.)

* Temporary position for the duration of P.U.R.E.P.

Level 1 Classified

Relief Officer Staff Officer General Officer (Signals) Private Secretary to Communications & Signals Engineer

Level 5

Signal Inspector (Country) Signal Inspector (Metropolitan and South West) Technical Liaison Officer (Operations)

Level 4

District Electrical Supervisor, Bunbury District Electrical Supervisor, Forrestfield District Electrical Supervisor, Midland District Electrical Supervisor, Northam Signal Workshop Supervisor Communications Supervisor Electrical Services Inspector Radio Supervisor

102 Occupational Health, Safety and Training Co-Ordinator Signal Inspector (Mechanical) OPERATIONS BRANCH - (INFORMATION TECHNOLOGY) - contd.

Level 4 cont.

District Electrical Supervisor, Kalgoorlie District Electrical Supervisor, Narngulu District Electrical Supervisor, Merredin District Electrical Supervisor, Narrogin District Electrical Supervisor, (Relief) Electrical Service Supervisor

Level 3

Signal Inspector (Mechanical) District Electrical Supervisor, Kalgoorlie District Electrical Supervisor, Narngulu District Electrical Supervisor, Merredin District Electrical Supervisor, Narrogin District Electrical Supervisor, (Relief) Electrical Services Supervisor

Level 2

Technical Officer (Electrical). Forrestfield Line and Cable Foreman Line and Signal Foreman Materials Officer Technical Officer, Forrestfield Technical Officer, (Long Line Transmission) Technical Officer, (New Works) Technical Officer, (Radio) Technical Officer, (Switching Systems) Overhead Catenary Foreman, East Perth (P.U.R.E.P.) Assistant Project Supervisor (P.U.R.E.P.)

MECHANICAL BRANCH (EXCLUDES MOTIVE POWER)

Level 5

Training and Development Officer (Mechanical) Senior Evaluator

MECHANICAL BRANCH (Excludes Motive Power) - contd.

Level 4

Branch Personnel Officer Accounting Officer Contracts Administrative Officer Administrator Planning Group

103 Level 3

Administration Services Officer (Staff) Administrative Officer (Production) Administrative Officer (Works) Payrolls Controller (Mechanical) Industrial Relations Officer Senior Training Officer General Accounts Controller Development Officer Computing

Level 2

Administrative Officer (Engineering Services) Assistant Evaluator Administrative Officer (Relief) Training Instructor Administrative Assistant (Finance) Employee Services Officer Assistant Timekeeping Services Officer Administrative Assistant (Relief) Registry Officer Personal Administrative Officer to CME Work Order Controller Administrative Assistant (Production Control and Cataloging)

Level 1 Classified

Administrative Assistant Metal Fabrication Section Administrative Assistant (Engineering Services) Administrative Assistant (General) Administrative Assistant (Registry) Administrative Assistant (Relief) Administrative Assistant (Rollingstock Section) Administrative Assistant (Staff Records) MECHANICAL BRANCH (Excludes Motive Power) - contd.

Level 1 Classified cont.

Administrative Assistant (Sick Leave and Compensation) Typing Supervisor Administrative Assistant (Resources) Administrative Assistant (Staff) Accounting Assistant Timekeeping Clerk General Officer (Accounts) Planning Support Officer

Level 5

Senior Foreman Fabrication Senior Foreman Rollingstock Senior Foreman Diesel Engine Shop Senior Foreman Electrical Senior Foreman Fitting Shop

104 Senior Foreman Foundry Senior Foreman Machine Shop

Level 4

Foreman Coppersmith Senior Foreman Track Equipment * Production Foreman (Rollingstock) Temporary * Production Foreman (Fabrication) Temporary Foreman Paint Shop Foreman Scheduled Loco Repairs Foreman Machine Shop Foreman Wheel Shop Planner Planner (Temporary) Scheduler Planner (Plant) Occupational Health and Safety Co-Ordinator

* Temporary position of up to 2 years duration from November 1988 x Temporary position for 12 months from June 1989

MECHANICAL BRANCH (Excludes Motive Power) - contd.

Level 3

Foreman Electrical Shop Foreman Traction Motors and Generators Outside Inspector Assistant Foreman Blacksmith Assistant Foreman Boilermaker Assistant Foreman Electrical Fitter Assistant Foreman Fitter Assistant Foreman Foundry Assistant Foreman Machine Shop Assistant Foreman Painter Assistant Foreman Rollingstock Assistant Foreman Wheel Shop Senior Inspector Assistant Foreman Trimming/Tarpaulin Shop Relief Assistant Foreman Assistant Foreman Building Maintenance Assistant Foreman Electroplating Assistant Foreman (Yard) Assistant Foreman Plant and Equipment Assistant Foreman Coppershop Assistant Foreman (Temporary) Assistant Foreman Plumbing and Gas Fitting

Level 2

Assistant Foreman Fibre Glass Shop Electrical Materials Supply Officer Technical Officer Test Room Supervisor

MECHANICAL BRANCH - MOTIVE POWER

105 CLERICAL/ADMINISTRATIVE

Level 4

Administration Officer

Level 3

Accounting Officer

MECHANICAL BRANCH - MOTIVE POWER - contd.

CLERICAL/ADMINISTRATIVE – contd.

Level 2

Personnel Officer Administrative Assistant Administrative Assistant - Traction Vehicle Control Officer, Road Services, East Perth

Level 1 Classified

Administrative Assistant, Avon Administrative Assistant, Kalgoorlie Administrative Assistant, Picton Junction Administrative Assistant, Narngulu Administrative Assistant, Carriage Shed Administrative Assistant, Wagon Depot, Forrestfield Administrative Assistant, Plant and Equipment Administrative Assistant, Rollingstock Administrative Assistant, Plant Administrative Assistant, (Loco Depot) Administrative Assistant, (Relief)

Level 5

Senior Foreman Loco Depot (Forrestfield) Senior Foreman Plant and Equipment (Forrestfield/Kewdale) Senior Foreman Rollingstock (Forrestfield) Locomotive and Railcar Service Co-Ordinator

Level 4

Car and Wagon Inspector Plant and Equipment Officer Workshop Service Manager, Road Services, East Perth District Mechanical Officer, Avon Yard District Mechanical Officer, Picton Junction District Mechanical Officer, Narngulu District Mechanical Officer, Kalgoorlie District Mechanical Officer, Albany

MECHANICAL BRANCH - MOTIVE POWER - contd.

106 INSPECTORIAL AND SUPERVISORY - contd.

Level 3

Foreman Wagon Depot (Forrestfield) Motive Power Foreman (South Metropolitan) Locomotive Maintenance Officer (Forrestfield) Occupational Health and Safety Co-Ordinator

Level 2

Assistant Plant and Equipment Officer Foreman Carriage Shed, Forrestfield Foreman Plant and Equipment, Kewdale Foreman Maintenance and Refrigeration Assistant Car and Wagon Inspector Assistant Foreman Fitter, Loco Depot, Forrestfield Assistant Foreman Wagon Depot, Forrestfield Foreman Railcar Depot, Claisebrook Assistant Foreman Fitter (Electrical) Loco Depot, Forrestfield

Level 1

Assistant Foreman Carriage Shed (Forrestfield) Assistant Foreman Plant and Equipment (Kewdale) Plant Officer, Westrail Centre Vehicle Service Supervisor Road Services, East Perth Assistant Foreman Maintenance and Refrigeration

107 PUBLIC TRANSPORT AUTHORITY SALARIED OFFICERS (APEA) AGREEMENT 2008

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CHIEF EXECUTIVE OFFICER, PUBLIC TRANSPORT AUTHORITY APPLICANT -v-

WA BRANCH DIRECTOR, THE ASSOCIATION OF PROFESSIONAL ENGINEERS, AUSTRALIA (WESTERN AUSTRALIAN BRANCH) ORGANISATION OF EMPLOYEES (APEA) RESPONDENT CORAM SENIOR COMMISSIONER J H SMITH DATE FRIDAY, 7 AUGUST 2009 FILE NO/S AG 35 OF 2009 CITATION NO. 2009 WAIRC 00530

Result Agreement registered

Representation Applicant Mr S Majeks

Respondent Mr D Moss

HAVING heard Mr Majeks on behalf of the applicant and Mr Moss 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 Public Transport Authority Salaried Officers (APEA) Agreement 2008 in the terms of the agreement filed on Tuesday, 30 June 2009, and amended on Tuesday, 4 August 2009, be registered under s 41 of the Act as an industrial agreement.

SENIOR COMMISSIONER J H SMITH