Workpower Incorporated Salaried Officers Industrial Agreement 2002

2002 WAIRC 06638

Workpower Incorporated Salaried Officers’ Industrial Agreement 2002

No. AG 118 of 2002

1. - TITLE

This Agreement shall be referred to as the Workpower Incorporated Salaried Officers’ Industrial Agreement 2002.

2. - ARRANGEMENT

1. Title

2. Arrangement

3. Application of Agreement

4. Relationship To Parent Award

5. Objective

6. Productivity and Efficiency measures

7. Avoidance and Resolution of Industrial Disputes, Questions and Difficulties

8. Salary Rates

9. Salary / Remuneration Packaging

10. Superannuation

11. Union Workplace Delegates

12. Consultative Committee

13. No Precedent

14. Period of Operation and Renewal

15. No Extra Claims

16. Number of Employees

Signatories to Agreement

Schedule A – Salary Rates (HSOA 2001 Award Rates of Pay)

3. - APPLICATION OF AGREEMENT

This Agreement shall apply to and be binding on Workpower Inc., the Hospital Salaried Officers Association of Western Australia (Union of Workers) as parties to the Agreement and all employees who are engaged in any of the occupations or callings specified in the Award referred to in Clause 4. Hereof, and shall operate throughout the state of Western Australia.

4. - RELATIONSHIP TO PARENT AWARD

This Agreement shall be read and interpreted in conjunction with the Hospital Salaried Officers (Workpower) Award 1996, hereinafter referred to as “the Award”, but where the terms of this Agreement are inconsistent with the Award, the terms of this Agreement shall prevail.

5. - OBJECTIVES

It is agreed between the parties that the key objectives of this Agreement are inherent in Workpower's strategic plan and principles of continuous improvement and are stated hereunder.

· The parties to this Agreement will regularly review the operations and where necessary make decisions to meet its operational requirements.

· The parties recognise and support the organisation’s dual purpose as a business service and an open employment service. The employer and employees will focus both on and in improving the commercial performance of Workpower and achieving Quality Accreditation of its business and open employment services.

· The employees recognise that the employer, following consultation and negotiation, may from time to time need flexibility in the efficient deployment of staff within and between worksites to meet operational needs.

· The parties recognise and are committed to a process of upskilling of the workforce through self-development, education, training, and learning and establishing the minimum level of qualifications and competencies for respective staff groups.

· Employees accept responsibility for contributing outside their specific roles as required by Workpower, to assist in improving the organisation's performance.

· The parties support the culture and ethos of the organisation that commits to the planned introduction of professional standards.

· The parties are committed and will demonstrate an improvement to Workpower's OH&S performance with the aim of reducing accidents, near misses, lost time arising from accidents and injuries, and ultimately achieving a reduction in the cost of lost time.

· The parties are committed to a customer service orientated organisation, which will eliminate waste and ensure quality products and services, and which will reflect the position of Workpower in the market place and its ability to meet present and future customer needs.

6. - PRODUCTIVITY AND EFFICIENCY MEASURES

6.1 Annual Leave Flexibility

6.1.1 Notwithstanding the provisions of Clause 12 – Holidays and Annual Leave of the Award, and subject to operational requirements and adequate notice being given, the following options are agreed to provide the ability for both management and staff to have flexibility in the taking of annual leave:

“48/52” Arrangement

(a) (i) Not withstanding the provisions of Clause 12 – Holidays and Annual Leave of the Award, subclause (2), the employer and employee may agree in writing to convert up to the equivalent of 4 weeks salary per annum into additional annual leave:

Double the leave on half pay

(ii) Take annual leave on the basis of twice the leave at half pay up to a maximum of 8 weeks (i.e. 4 weeks to 8 weeks half pay) in any year;

More pay / less leave

(iii) Cash in annual leave in excess of 152 hours (4 weeks for part time employees);

(b) Not withstanding the provisions of Clause 12 – Holidays and Annual Leave of the Award, subclause (5), the employer and employee may agree in writing to annual leave loading being converted into additional equivalent annual leave;

(c) Not withstanding the provisions of Clause 12 – Holidays and Annual Leave of the Award, subclause (6)(b), an employee may take annual leave entitlement in periods of less than a full day.

6.1.2 Annual leave loading shall be based on the employee’s post salary packaged taxable income until 1 April 2004 whereupon the gross salary (or pre salary packaged) rate shall be the applicable rate.

6.2 Long Service Leave Flexibility

6.2.1 Notwithstanding the provisions of clause 15 Long Service Leave of the Award, the employees shall have the following options in respect of long service entitlement:

(a) Take pro rata leave after 7 years as an advance on their entitlement. Should the employee cease employment before completing the full accrual period of 10 years the employee shall be liable to repay the advance payment.

(b) Take half the leave period on double pay.

(d) Take portions of long service leave in 2 - week blocks.

6.2.2 The options indicated in 6.2.1 are available subject to the operational requirements of the employer and upon reasonable notice and by application from the employee.

6.3 Sick Leave Flexibility

This sub clause replaces clause 13. (1) (a) and (b) Sick Leave of the Award:

6.3.1 Entitlement for paid leave of absence on the grounds of personal ill health or injury shall be 95 hours per annum (pro rata for part time employees)

6.3.2 All available sick leave credits may be used for illness of family members described in subclause (8) of the Award.

6.3.3 Up to 2 days sick leave entitlement per annum may be used for emergency personal leave, providing the employee maintains a credit of 10 days of leave (76 hours for full time) pro rata for part time employees.

6.4 Bereavement Leave

Entitlement to bereavement leave

6.4.1 (a) Subject to subclause 2 of this clause, on the death of -

(i) the spouse or de facto spouse of an employee;

(ii) the child or step-child of an employee;

(iii) the brother or sister of an employee

(iv) the parent, parent in law, step-parent or grand parent of an employee; or

(v) any other person who, immediately before that person's death, lived with the employee as a member of the employee's family,

(vi) At the discretion of the Employer additional leave for the purposes of this clause may be granted where special circumstances can be demonstrated.

The employee is entitled to paid bereavement leave of up to 3 days.

(a) The 3 days need not be consecutive.

(b) Bereavement leave is not to be taken during a period of any other kind of leave

6.4.2 Proof in support of claim for leave

An employee who claims to be entitled to paid leave under (1) is to provide to the employer, if so requested by the employer, evidence that would satisfy a reasonable person as to -

(a) the death that is the subject of the leave sought; and

(b) the relationship of the employee to the deceased person.

6.5 Hours

6.5.1 Notwithstanding the provisions of clause 10.- Hours subclause (1) of the Award, the employer and employees may agree to flexible working hours arrangements of ordinary working hours. The arrangement of hours shall be subject to agreement between the employer and employees and meet the operational requirements of the employer.

6.5.2 Such arrangements shall not allow ordinary hours of duty to exceed an average of 38 per week.

7. AVOIDANCE AND RESOLUTION OF INDUSTRIAL DISPUTES, QUESTIONS AND DIFFICULTIES

Any disputes, questions or difficulties arising under this Agreement shall be settled in accordance with the procedures outlined in Clause 17 - Dispute Settlement / Discipline Procedures of the Award.

8. - SALARY RATES

8.1 The salary rates applicable from the date of registration of this Agreement to staff on salary / remuneration packaging arrangements under Clause 9 of this Agreement shall be those set out in Schedule A hereof, and shall be varied in accordance with the following :

(i) The 2002 Award rates of pay shall apply from 6 months after the date of registration;

(ii) The 2003 Award rates of pay shall apply from the date of application of the 2003 State Wage Case decision.

8.2 An employee shall be appointed to a classification and subject to the performance appraisal requirements referred to in the Award, shall continue to receive increments applicable to that classification.

9. – SALARY / REMUNERATION PACKAGING

9.1 This clause shall be read in conjunction with the other provisions of this Agreement and the Award but the provisions of this clause, to the extent that they deal with entitlements under the Award will prevail over and apply in lieu of the relevant provisions of the Award.

9.2 The employer has introduced an optional salary / remuneration packaging scheme for employees, as detailed in the employer’s salary packaging policy. An employee, other than a casual employee, may choose to take her/his remuneration as cash salary or a mix of cash salary and expense payments. An employee who chooses not to participate in salary packaging will be paid in accordance with the salary scale in Schedule A.

9.3 Up to a maximum of the current $30,000 (grossed up), of an employee’s earnings may be packaged, in accordance with the employer’s salary packaging policy, and effective from the date of the second pay increase.

From the date of the second pay increase in this Agreement the employer may charge the employees an administration fee of not more than 2% of the amount packaged, to participate in salary packaging.

9.4 The terms and conditions of such a package shall not, when viewed objectively, be less favourable than the entitlements otherwise available under the Award or this Agreement and shall be subject to the following provisions :-

9.4.1 The employer shall ensure the structure of any agreed package complies with taxation and other relevant laws.

9.4.2 The employer shall confirm in writing to the employee the classification level and current salary payable as applicable to that employee under Schedule A of this Agreement.

9.4.3 The employer shall advise the employee, in writing, that award conditions, other than the salary and benefits (including any negotiated salary allowable), or those varied by this Agreement, shall continue to apply.

9.5 The packaging agreement for individual employees, the terms and conditions of which shall be in writing and signed by both the employer and employee, shall detail the components of the total remuneration package for the purpose of this Agreement and for the purpose of time and wages records.

9.6 A copy of the packaging agreement shall be made available to the employee.

9.7 The salary package may be terminated by the employee giving at least 28 days notice in writing. Where the full amount allocated to salary packaging has not been utilised it shall be paid as salary subject to the usual taxation requirements.

9.8 An employee, who has previously declined to take up packaging, may, by giving the employer reasonable notice, take up the benefit at any time.

9.9 In the event that changes in legislation, Income Tax Assessment Act Determinations or Rulings, particularly in respect of the Employer’s Fringe Benefits Tax exempt status, remove the employer's capacity to maintain the salary packaging arrangements offered to employees under this Agreement, the employer shall be entitled to withdraw from the salary packaging arrangements by giving notice to each affected employee three months prior to the withdrawal taking place or notice to have effect from a date not later than the date any change in the legislation is to have effect.

9.10 Should the employer change the salary packaging policy, the Union and the employees shall be advised of such changes.

9.11 The employer shall as soon as practicable after being advised of the legislative change referred to in 9.9 hereof, or after making such changes, advise the Union and employees and shall convene a meeting of the parties with a view to reaching an alternative agreement on salaries and salary benefits.

10. – SUPERANNUATION

10.1 The employer shall contribute on behalf of the employee in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992. For the purposes of this Agreement, employer contributions shall be based on the employee’s post salary packaged taxable income until 1 April 2004 whereupon the gross income (or pre salary packaged) rate shall be the applicable rate.

10.2 The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions may be made by or in respect of the employee.

10.3 The employer shall notify the employee of their entitlement to nominate a complying superannuation fund or scheme.

10.4 The employee and the employer shall be bound by the nomination of the employee unless the employee and the employer agree to change the complying superannuation fund or scheme to which contributions are to be made.

10.5 The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by an employee.

10.6 Contributions to the nominated fund shall be paid monthly.

10.7 Contributions shall continue to be paid on behalf of an employee in receipt of payments under the Workers Compensation and Rehabilitation Act 1981.

10.8 Salary Sacrifice

10.8.1 An employee may elect in writing to receive a superannuation benefit in lieu

of part of the salary to which the employee is otherwise entitled under this Agreement.

10.8.2 The salary sacrifice arrangement shall remain in force until terminated by mutual agreement or by either the employer or the employee providing 28 day’s notice of intention to terminate the arrangement.

11. - UNION WORKPLACE DELEGATES

11.1 The employer recognises the right of the Union to organise and represent its members.