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Department of Health Government of Western Australia

OPERATIONAL CIRCULAR Enquiries to: Christine Osnain Number: OP 2029/06

9222 4342 Date: 10 February 2006

Supersedes: File No: 96-02667

Subject: District Allowance General Agreements and Application

The Western Australian Industrial Relations Commission registered the District Allowance (Government Officers’) General Agreement 2005, PSSAG 27 of 2005 and the District Allowance (Government Wages Employees) General Agreement 2005 AG 273 of 2005 on 6 January 2006.

The agreements are attached and reflect a change in the rates of district allowance payable to employees employed under the awards listed in Schedule B of the Agreements.

District Allowance for Officers and Employees not covered by the General Agreements

The Government has also approved an administrative payment to be made in identical terms for salaried and wages employees, including employees covered by federal awards, in receipt of District Allowance but not covered by the General Agreements listed above.

Accordingly employees covered by the awards and agreements listed below are entitled to increased allowances:

State

• Department of Health Medical Practitioners (Country Health Services) AMA Industrial Agreement 2004

Federal

• Health and Disability Services and Support Workers WA Government Award 2001

• Health Workers Community and Child Health Services Award 2002

• Nurses (ANF-WA Public Sector) Award 2002

The increased rates are effective from the first pay period on or after 1 July 2005.

NOTE: Employees whose employment ceased prior to 6 January 2006 are not entitled to retrospective payment of District Allowance as provided for in this Circular.

The General Agreements can be accessed at www.health.wa.gov.au/awardsandagreements

Any queries regarding this circular can be sent to labour.relations@health.wa.gov.au.

Dr Neale Fong DIRECTOR GENERAL

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DISTRICT ALLOWANCE (GOVERNMENT WAGES EMPLOYEES) GENERAL AGREEMENT 2005

AG 273 of 2005

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1. TITLE

This General Agreement shall be known as the District Allowance (Government Wages Employees) General Agreement 2005.

1. ARRANGEMENT

1 Title 2 Arrangement 3 Definition 4 Purpose of General Agreement 5 Application and Parties Bound 6 Term of General Agreement 7 No Further Claims 8 District Allowance 9 Review 10 Dispute Settlement Procedure 11 Award Updating 12 Signature of Parties

2. DEFINITIONS

2.1 For the purposes of the General Agreement, the following definitions shall apply:

(a) “Agency” means a respondent listed in Schedule A;

(b) “Award” means the Awards listed in Schedule B;

(c) “District Allowance” is the allowance prescribed in this agreement in substitution of the rates for district allowance prescribed in the awards listed in Schedule B

(d) “Employees” means persons employed by the respondents listed in Schedule A who are members of or who are eligible to be members of the unions respondent to this agreement;

(e) Employer” means the Agencies listed in Schedule A which includes the Minister for Health as provided under Sec 7 of the Hospitals and Health Services Act 1927 (WA).

(f) “General Agreement” means the District Allowance (Government Wages Employee) General Agreement 2005;

(g) “WAIRC” means the Western Australian Industrial Relations Commission.

(h) “Union” means Unions party to this agreement.

3. PURPOSE OF GENERAL AGREEMENT

3.1 The parties agree that the purpose of the General Agreement is to:

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(a) effect District Allowance increases on an interim basis in accordance with the General Agreement, for employees bound by the General Agreement; and

(b) provide for the parties to undertake a substantive review of District Allowance.

4. APPLICATION AND PARTIES BOUND

4.1 The parties bound by the General Agreement are the agencies listed in schedule A and the unions party to the General Agreement

4.2 The General Agreement shall apply to all employees who are members of or eligible to be members of the unions. At the date of registration, the approximate number of employees bound by the General Agreement is 3270.

5. TERM OF GENERAL AGREEMENT

5.1 The General Agreement shall operate from the date of registration in accordance with Section 41 of the Industrial Relations Act 1979 and will expire on 30 June 2007.

5.2 The parties to the General Agreement agree to re-open negotiations for a replacement General Agreement at least three (3) months prior to the expiry of the General Agreement with a view to implement a replacement General Agreement operative from 1 July 2007.

6. NO FURTHER CLAIMS

6.1 The parties to the General Agreement undertake that for the term of the General Agreement there will be no increases sought or granted other than those provided under the terms of the General Agreement.

6.2 The parties to the General Agreement undertake that for the term of the General Agreement there will be no further claims on matters contained in the General Agreement.

7. DISTRICT ALLOWANCE

7.1 The General Agreement rates in Schedule C will replace the District Allowance rates in the awards specified in Schedule B effective from the 1st pay period commencing on or after 1 July 2005.

7.2 The parties to the General Agreement agree that the rates specified in Schedule C will be adjusted administratively from the 1 July 2006 in accordance with the official Consumer Price Index for Perth as published for the preceding 12 months at the end of the March quarter 2006 by the Australian Bureau of Statistics.

8. REVIEW

8.1 The parties agree that they will jointly:

(a) agree on a methodology for a substantive review of district allowances;

(b) establish a working party to oversee the substantive review; and

(c) commit to an established time frame to commence and undertake the substantive review.

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8.2 The parties agree that the working party will be established and meet within 3 months of the registration of this agreement to progress the substantive review referred to in Cl 9.1 and the review will be completed within 18 months of the date of the first meeting of the working party.

9. DISPUTE SETTLEMENT PROCEDURE

9.1 Any questions, difficulties or disputes arising in the course of the employment of employees covered by the General Agreement shall be dealt with in accordance with this clause.

9.2 The employee/s and the manager with whom the dispute has arisen shall discuss the matter and attempt to find a satisfactory solution, within three (3) working days. An employee may be accompanied by a union representative.

9.3 If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant manager’s superior and an attempt made to find a satisfactory solution, within a further three (3) working days. An employee may be accompanied by a union representative.

9.4 If the dispute is still not resolved, it may be referred by the employee/s or union representative to the employer or his/her nominee.

9.5 Where the dispute cannot be resolved within five (5) working days of the union representatives’ referral of the dispute to the employer or his/her nominee, either party may refer the matter to the WAIRC.

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

9.7 At all stages of the procedure the employee may be accompanied by a union representative.

10. Award Updating

10.1 The parties agree to use the provisions of section 40A of the Industrial Relations Act 1979 to vary the awards to which this agreement applies to reflect the rates in effect from 1 July 2006 as provided for in Cl 8.2

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11. SIGNATURE OF PARTIES

Signed

.................................................................................Date: .................................... Secretary Liquor Hospitality and Miscellaneous Union, Western Australian Branch.

Signed 8/12/05

.................................................................................Date: .................................... Secretary The Australian Workers’ Union, Western Australian Branch, Industrial Union of Workers.

Signed 8.12.05

.................................................................................Date: .................................... Secretary The Construction, Forestry, Mining and Energy Union of Workers.

Signed 7th Dec 2005

.................................................................................Date: .................................... Secretary Transport Workers’ Union of Australia Industrial Union of Workers, Western Australian Branch.

Signed 6th Dec 2005

.................................................................................Date: .................................... Secretary Western Australian Prison Officers Union of Workers.

Signed 9 Dec 2005

.................................................................................Date: .................................... Secretary The Plumbers and Gasfitters Employees Union of Australia, Western Australian Branch, Industrial Union of Workers.

Signed 8.12.05

.................................................................................Date: .................................... Secretary Building Trades Association of Unions of Western Australia (Association of Workers).

Signed 8-12-2005

.................................................................................Date: .................................... Secretary President The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers.

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Signed 9 Dec 2005

.................................................................................Date: .................................... Secretary Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division.

Signed 12/12/2005

....................................................................... Date: ..............................................

Jeff Radisich Executive Director Department of Consumer and Employment Protection Acting as Agent for each Employing Authority listed in Schedule A.

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SCHEDULE A

Respondency List

The Director General Department of Employment and Training Attorney General Minister for Community Development, Women’s Interests, Seniors and Youth The Minister for Education The Minister for Health The Minister for Agriculture The Minister for Transport The Minister for Housing The Minister for Conservation and Land Management Commissioner of Main Roads Department of Industry and Resources Director Country High Schools Hostels Authority Minister for Health in his incorporated capacity under s7 of the Hospitals and Health Services Act 1927 (WA) as: (i) the Hospitals formerly comprised in the Metropolitan Health Service Board; (ii) the Peel Health Service Board; (iii) the South West Health Board; and (iv) the WA Country Health Service. Minister for Police and Emergency Services; Justice; Community Safety Director General Department of Agriculture Executive Director Department of Conservation & Land Management Director General Department of Culture and the Arts Director General Department of Housing and Works The Director General Department of Education and Training Minister for Community Development, Women’s Interests, Seniors and Youth;

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Disability Services, Culture and the Arts Director General Disability Services Commission Director General Department of Industry and Resources Minister for Housing and Works; Racing and Gaming; Government Enterprises; Land Information Director Country High School Hostels Authority Eastern Goldfields Transport Board

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SCHEDULE B

Miscellaneous Government Conditions and Allowances Award 1992.

Cleaners and Caretakers (Government) Award 1975.

Rangers (National Parks) consolidated Award 2000.

Gardeners (Government) Award 1986.

Catering Employees and Tea Attendants (Government) Award 1982.

Teachers’ Aide Award 1979.

Childcare Workers (Education Department) Award.

Cultural Centre Award 1987.

Community Welfare Hostels Award.

Country High Schools Hostels Award 1979.

Enrolled Nurses and Nursing Assistants (Government) Award.

Children’s Services (Government) Award 1989.

State Research Station, Agricultural Schools and College Workers Award 1971.

Transport Workers’ (Eastern Goldfields Transport Board) Award 1976.

Goal Officers’ Award 1998.

Building Trades (Government) Award 1968

Engineering Trades (Government) Award 1967

WA Government Health Services Engineering and Building Services Award 2004

.Transport Workers (Government) Award 1952

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SCHEDULE C - DISTRICT ALLOWANCE

COLUMN COLUMN COLUMN COLUMN 1 II III IV

DISTRICT NO STANDARD RATE EXCEPTIONS TO STANDARD RATE $ p.w. RATE $ p.w. TOWN OR PLACE 6 77.90 Nil Nil

5 56.00 Fitzroy Crossing 114.90 Halls Creek 82.70 Nullagine 85.60 Marble Bar 98.80 Karratha 65.90 Port Hedland 61.30

4 48.10 Warburton Mission 79.90 Carnarvon 28.60 Denham 44.40 Eucla 74.20

3 45.40 Meekatharra 37.50 Leonora 52.60

2 41.80 Kalgoorlie / Boulder 18.70 Ravensthorpe 42.60 Esperance 23.10

1 Nil Jerramungup 41.80

The allowances prescribed in this Schedule shall operate from the beginning of the first pay period commencing on or after July 1, 2005.

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AGREEMENT 2005

PSAAG 27 OF 2005

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1. TITLE

This General Agreement shall be known as the District Allowance (Government Officers) General Agreement 2005.

2. ARRANGEMENT

Title

Arrangement

Definition

Purpose of General Agreement

Application and Parties Bound

Term of General Agreement

No Further Claims

District Allowance

Review

Dispute Settlement Procedure

Award Updating

Signature of Parties

3. DEFINITIONS

For the purposes of the General Agreement, the following definitions shall apply:

“Agency” means a respondent listed in Schedule A;

“Award” means the Awards listed in Schedule B;

“District Allowance” is the allowance prescribed in this agreement in substitution of the rates for district allowance prescribed in the awards listed in Schedule B.

“Employees” means persons employed by the respondents listed in Schedule A who are members of or who are eligible to be members of the unions respondent to this agreement;

“Employer” means the Agencies listed in Schedule A which includes the Minister for Health as provided under Sec 7 of the Hospitals and Health Services Act 1927 (WA) and Employer means the President, acting on the recommendation of the Director General, is the employer of each electorate employee appointed to assist:

a member of the Legislative Council in dealing with constituency matters; or

the secretary of a parliamentary political party who is a member of the Legislative Council and

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the Speaker, acting on the recommendation of the Director General, is the employer of each electorate employee appointed to assist:

a member of the Legislative Assembly in dealing with constituency matters; or

the secretary of a parliamentary political party who is a member of the Legislative Assembly.

“General Agreement” means the District Allowance (Government) General Agreement 2005;

“WAIRC” means the Western Australian Industrial Relations Commission.

“Union” means Unions party to this agreement.

4. PURPOSE OF GENERAL AGREEMENT

The parties agree that the purpose of the General Agreement is to:

effect District Allowance increases on an interim basis in accordance with the General Agreement, for employees bound by the General Agreement; and

provide for the parties to undertake a substantive review of District Allowance.

5. APPLICATION AND PARTIES BOUND

The parties bound by the General Agreement are the agencies listed in schedule A and the unions party to the General Agreement

The General Agreement shall apply to all employees who are members of or eligible to be members of the unions. At the date of registration, the approximate number of employees bound by the General Agreement is 2450.

6. TERM OF GENERAL AGREEMENT

The General Agreement shall operate from the date of registration in accordance with Section 41 of the Industrial Relations Act 1979 and will expire on 30 June 2007.

The parties to the General Agreement agree to re-open negotiations for a replacement General Agreement at least three (3) months prior to the expiry of the General Agreement with a view to implement a replacement General Agreement operative from 1 July 2007.

7. NO FURTHER CLAIMS

The parties to the General Agreement undertake that for the term of the General Agreement there will be no increases sought or granted other than those provided under the terms of the General Agreement.

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The parties to the General Agreement undertake that for the term of the General Agreement there will be no further claims on matters contained in the General Agreement.

8. DISTRICT ALLOWANCE

The General Agreement rates in Schedule C shall replace the District Allowance rates in the awards specified in Schedule B effective from the 1st pay period commencing on or after 1 July 2005.

The parties to the General Agreement agree that the rates specified in Schedule C shall be adjusted administratively from the 1 July 2006 in accordance with the official Consumer Price Index for Perth as published for the preceding 12 months at the end of the March quarter 2006 by the Australian Bureau of Statistics.

9. REVIEW

The parties agree that they will jointly:

agree on a methodology for a substantive review of district allowances;

establish a working party to oversee the substantive review; and

commit to an established time frame to commence and undertake the substantive review.

The parties agree that the working party will be established and meet within 3 months of the registration of this agreement to progress the substantive review referred to in Cl 9.1 and the review will be completed within 18 months of the date of the first meeting of the working party.

10. DISPUTE SETTLEMENT PROCEDURE

Any questions, difficulties or disputes arising in the course of the employment of employees covered by the General Agreement shall be dealt with in accordance with this clause.

The employee/s and the manager with whom the dispute has arisen shall discuss the matter and attempt to find a satisfactory solution, within three (3) working days. An employee may be accompanied by a union representative.

If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant manager’s superior and an attempt made to find a satisfactory solution, within a further three (3) working days. An employee may be accompanied by a union representative.

If the dispute is still not resolved, it may be referred by the employee/s or union representative to the employer or his/her nominee.

Where the dispute cannot be resolved within five (5) working days of the union representatives’ referral of the dispute to the employer or his/her nominee, either party may refer the matter to the WAIRC.

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

At all stages of the procedure the employee may be accompanied by a union representative.

11. AWARD UPDATING

The parties agree to use the provisions of section 40A of the Industrial Relations Act 1979 to vary the awards to which this agreement applies to reflect the rates in effect from 1 July 2006 as provided for in Cl 8.2

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12. SIGNATURE OF PARTIES

Signed 1/12/2005 ……………………………………………………

Date………………………………….. Toni WalkingtonGeneral Secretary The Civil Service Association of Western Australia (inc)

Signed 28/11/2005 …………………………………………………… Date………………………………….. Dan Hill Secretary Health Services Union of Western Australia (Union of Workers)

Signed 28/11/2005 ………………………………………………….. Date………………………………….. Graham Baker President

Health Services Union of Western Australia (Union of Workers)

Signed 8/12/05 …………………………………………………. Date………………………………… Jeff Radisich Executive Director Department of Consumer and Employment Protection Acting as Agent for each Employing Authority listed in Schedule A

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SCHEDULE A

14.

15. Respondency List

16. Agriculture Dept of

Auditor General Office of the Community Development Dept of Conservation and Land Management Consumer and Employment Protection Dept of Culture and the Arts Dept of Curriculum Council Economic Regulation Authority Education and Training Dept of Education Services Dept of Electoral Commission Western Australian Energy Office of Environment, Dept of Equal Opportunity Commission Fisheries Dept of Gascoyne Development Commission Goldfields Esperance Development Commission Government Employees Superannuation Board Health Dept of Health Review Office of Housing & Works Dept of Indigenous Affairs Dept of Insurance Commission of Western Australia Department of the Registrar - Western Australian Industrial Relations Commission Industry & Resources, Department of Information Commissioner Office of the Inspector of Custodial Services Office of the Justice Dept of Kimberley Development Commission Land Information Dept of Law Reform Commission Local Government and Regional Development Dept of Meat Industry Authority Mid West Development Commission Peel Development Commission Pilbara Development Commission South West Development Commission Great Southern Development Commission Planning and Infrastructure Dept for Police Service Premier & Cabinet Dept of the Public Prosecutions Office of Director of Public Sector Standards Commissioner Office of the Racing Gaming & Liquor Dept of Rottnest Island Authority

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Sport & Recreation Dept of State Supply Commission Treasury & Finance Dept of Water & Rivers Commission Western Coastal Shipping Commission Wheatbelt Development Commission WorkCover Western Australian Authority

Conservation & Land Management Curriculum Council Disability Services Commission Animal Resources Authority Botanic Gardens and Parks Authority Builders Registration Board Building and Construction Industry Training Fund Burswood Park Board C Y O'Connor College of TAFE Central TAFE Central West College of TAFE Challenger TAFE Conservation Commission Construction Industry LSL Board Country High Schools Authority Dental Health Service Drug & Alcohol Office East Perth Redevelopment Authority Eastern Goldfields Transport Board Egg Marketing Board Fire and Emergency Services Authority Forest Products Commission Gold Corporation Great Southern TAFE Greyhound Racing Authority Hairdressers Registration Board of WA Health Promotion Foundation WA Kimberley TAFE LandcorpLegal Aid Western Australia Lotteries Commission Main Roads Western Australia Metropolitan Cemeteries Board National Trust of Australia (WA) Nurses Board Ombudsman Painters Registration Board Perth Market Authority Pilbara TAFE Potato Marketing Corporation Racing and Wagering Western Australia Small Business Development Corporation South West Regional TAFE Sports Centre Trust Swan TAFE Tourism Western Australian

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West Coast TAFE Zoological Gardens Board

17. The Minister for Health in his incorporated capacity under s.7 of

the Hospitals and Health Services Act 1927 (WA) as : the

Hospitals formerly comprised in the Metropolitan Health Service

Board, the Peel Health Services Board,the South West Health

Board,the WA Country Health Service

18. The Hon Speaker of the Legislative Assembly

19. The Hon President of the Legislative Council

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20.

SCHEDULE B

21. Government Officers (Social Trainers) Award 1988

22. Government Officers (State Government Insurance Commission) Award PSAA 21 of 1986.

Government Officers’ Salaries, Allowance and Conditions Award 1989. Public Service Award 1992 Hospital Salaried Officers Award 1968. Institution Officers Allowance and Conditions Award 1977 Education Department Ministerial Officers Salaries and Allowances and ConditionsAward 1983. .Department for Community Development (Family Resource Workers, Welfare Assistants and Parent Helpers) Award 1990. Electorate Officers Award 1986 Country High Schools Hostels Authority Residential College Supervisory Staff Award 2005Graylands Selby-Lemnos and Special Care Health Services Award 1999

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SCHEDULE C - DISTRICT ALLOWANCE

COLUMN COLUMN COLUMN COLUMN

1 II III IV

DISTRICT NO STANDARD RATE EXCEPTIONS TO STANDARD RATE

$ p.a. RATE $ p.a.

TOWN OR PLACE

6 4,062 Nil Nil

5 2,920 Fitzroy Crossing 5,992

Halls Creek 4,314

Nullagine 4,463

Marble Bar 5,154

Karratha 3,438

Port Hedland 3,199

4 2,508 Warburton Mission 4,166

Carnarvon 1,490

Denham 2318

Eucla 3,869

3 2,370 Meekatharra 1,956

Leonora 2,742

2 2,179 Kalgoorlie / Boulder 978

Ravensthorpe 2,221

Esperance 1,203

1 Nil Jerramungup 2,179

The allowances prescribed in this Schedule shall operate from the beginning of

the first pay period commencing on or after July 1 2005.

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