1
SGIC Enterprise Bargaining Agreement 1995
No. PSA AG 11 OF 1995
1. - TITLE
This Agreement shall be known as the "SGIC Enterprise Bargaining Agreement 1995".
2. - ARRANGEMENT
1.Title
2.Arrangement
3.Scope
4.Parties and Number of Employees Bound
5.Definitions
6.Date and Period of Operation of the Agreement
7.No Further Claims
8.Relationship to Parent Awards and Agreements
9.Single Bargaining Unit
10.Audit of 4% Second Tier and 1989 SEP
11.Objectives and Principles
12.Productivity Improvement
13.Productivity Measurement
14.Dispute Settlement Procedure
15.Consultative Mechanisms
16.Salary
17.Ceremonial/Cultural Leave
18.Family Leave
19.Parental Leave
20.Annual Recreation Leave
21.Long Service Leave
22.Public Service Holidays
23.Leave Without Pay
24.Short Leave
25.Study Leave
26.Military Leave
27.Witness and Jury Service
28.Leave for International Sporting Events
29.Sick Leave
30.Part Time Work and Job Sharing
31.Child Care Provision
32.Hours of Duty
33.Higher Duties Allowance
34.Overtime
35.Re-Open Negotiations
Schedule A - Salaries
Attachment A - Past Productivity Improvement
Attachment B - Productivity Improvement Plan
Appendix 1 - Appendix to Productivity Improvement Plan
3. - SCOPE
This Agreement shall apply to all State Government Insurance Commission (SGIC) employees, including Senior Executive Service employees working in SGIC, who are members of or eligible to be members of the Civil Service Association of Western Australia Incorporated.
4. - PARTIES AND NUMBER OF EMPLOYEES BOUND
(1)This Agreement shall be binding upon the following parties
(a)Civil Service Association of Western Australia (Inc)
(b)The State Government Insurance Commission (SGIC).
(2)It is estimated that 150 employees will be bound by this Agreement upon registration.
5. - DEFINITIONS
"Agreement":The SGIC Enterprise Bargaining Agreement 1995.
"Employee":For the purpose of this Agreement, someone who is referred to at Clause 3. -
Scope.
"Employer":The State Government Insurance Commission.
"Government":The State Government of Western Australia.
"Minister":The Minister or Ministers of the Crown responsible for the administration.
"Union":The Civil Service Association of Western Australia Incorporated.
"WAIRC":The Western Australian Industrial Relations Commission.
6. - DATE AND PERIOD OF OPERATION OF THE AGREEMENT
(a)This Agreement shall operate from 31 January 1996 and shall remain in operation until 31 December 1996.
(b)The parties will review this Agreement three months prior to the expiration of this Agreement to commence negotiations for a new Agreement.
(c)The parties will assess achievements in performance, productivity and efficiency during the term of this Agreement.
(d)The pay quantum achieved as a result of this Agreement will remain and form the new base pay rates for future Agreements, or continue to apply in the absence of a further Agreement, except where the Award rate is higher in which case the Award shall apply.
(c)The Agreement will continue in force after the expiry of its term until such time as any of the parties withdraws from the Agreement by notification in writing to the other party and to the WAIRC.
7. - NO FURTHER CLAIMS
(a)The parties to this Agreement undertake that for the duration of the Agreement there shall be no further salary or wage increases sought or granted, except for those provided under the terms of this Agreement.
(b)This Agreement shall not operate so as to cause an employee to suffer a reduction in ordinary time earnings.
8. - RELATIONSHIP TO PARENT AWARDS AND AGREEMENTS
This agreement shall be read in conjunction with the Government Officers' (State Government Insurance Commission) Award 1987 which apply to the parties bound to this agreement. In the case of any inconsistencies, this agreement shall have precedence to the extent of the inconsistencies.
9. - SINGLE BARGAINING UNIT
(a)This agreement has been negotiated through a Single Bargaining Unit (SBU).
(b)The SBU comprises representatives from the State Government Insurance Commission and the Civil Service Association of Western Australia.
10. - AUDIT OF 4% SECOND TIER AND 1989 SEP
The parties agree that matters arising from previous industrial agreements or award changes emanating from the “Restructuring and Efficiency Principle” of 1987, and the Structural Efficiency Principles of the 1988 and 1989 National and State Wage Cases shall not be counted when considering the productivity benefits and salary improvements arising from this Agreement.
A complete audit of structural efficiency initiatives since the advent of the Restructuring and Efficiency Principles of 1987 has been completed and all parties confirm that none of the previous initiatives form part of this Agreement.
11. - OBJECTIVES AND PRINCIPLES
The shared objectives of the parties are:
(a)To satisfy the requirements of clients and customers through the provision of reliable, efficient and competitive services.
(b)To achieve the SGIC's mission and improve productivity and efficiency at SGIC through ongoing improvements.
(c)To promote the development of trust and motivation and to continue to foster enhanced employee relations.
(d)To facilitate greater flexibility in decision making and allocation of human and other resources.
(e)To promote increased satisfaction from jobs and secure employment opportunities.
(f)To develop and pursue changes on a co-operative continuing basis by using participative practices.
(g)To promote health, safety, welfare and equal opportunity for all employees.
12. - PRODUCTIVITY IMPROVEMENT
The SGIC has developed a strong change oriented corporate culture since its creation in 1987. This development has been driven by the recognition by both management and staff that the Commission has been operating in a competitive environment since the amalgamation of the SGIO and the MVIT.
The challenge of meeting competition has been taken up by the organisation and is an integral part of the culture of the current organisation.
During the two year period leading up to the successful privatisation of the SGIO business the SGIC underwent enormous change with the emphasis on right sizing the organisation in order to maximise the productivity of both organisations.
The many productivity initiatives implemented during the privatisation process delivered substantial, quantifiable productivity improvements which helped significantly in ensuring the float of SGIO Insurance Ltd was a commercial success.
The process of productivity improvement within the SGIC is ongoing.
1.Past Productivity Improvements
The State Government Insurance Commission (SGIC) and the Civil Service Association of Western Australia (Inc) agree that between the period 1991-1995 there have been a range of measures introduced by SGIC to improve productivity, efficiency, flexibility and quality.
2.Future Productivity Improvements
The State Government Insurance Commission (SGIC) and the Civil Service Association of Western Australia (Inc) agree that a range of additional measures to improve future productivity, efficiency, flexibility and quality have been identified and will be implemented during the term of this agreement.
The parties agree that both the past and future productivity improvements are substantial and that recognition of these improvements will be incorporated in the salary increase percentage applicable to this agreement.
The following information is provided in support of the State Government Insurance Commission's proposed application for a pay rise for its employees based on past productivity gains and prospective further gains attributable to labour relations initiatives implemented from the commencement of 1992/93 and on-going.
Underpinning the application for recognition of past productivity improvement is the fact that the SGIC was unable to enter into any meaningful Bargaining Agreements up until April 1994 due to the privatisation of its trading arm, the SGIO Insurance Limited. In reality, the privatisation process ran from early 1992 through to 1 April 1994 and as all employees were considered to be SGIC employees up until this date, it was considered inappropriate to embark on any Enterprise Bargaining/Workplace Agreements until such time as the two organisations were officially split. To do otherwise may have resulted in terms and conditions that were unsuitable to one, or both, of the organisations.
PRODUCTIVITY IMPROVEMENT PROGRAMS
The Parties are committed to a philosophy of continuous improvement in quality throughout every area of the SGIC as a long term competitive business strategy.
The SGIC must balance prudent financial management with the stated service level commitments to our customers and its social insurance responsibilities of reducing financial hardship on claimants.
For this reason basic input/output models of productivity that focus entirely on quantitative measures are insufficient to measure the business improvements attained by the parties.
The parties commit to the Productivity Improvement Programme and its objective of focussing employee effort on achieving key result areas, principally through formal employee performance management and development and the continuous investment in enhancing employee competence.
Continuous investment in the area of employee competence will deliver real benefit to the organisation through improved quality of claims management, general decision making and service to customers. The parties also acknowledge that the Productivity Improvement Plan will provide employees with the opportunity to achieve greater job satisfaction through equitable participation in performance planning, career path planning and the attainment of improved workplace competencies.
Details of Past Productivity Improvements are provided in Attachment A.
The Future Productivity Improvements are detailed in the Productivity Improvement Plan in Attachment B.
13 - PRODUCTIVITY MEASUREMENT
(a)The parties agree that the measurement and monitoring of productivity improvements provides critical feedback on the performance of the State Government Insurance Commission to management, employees and other relevant stakeholders.
(b)The parties agree to assess organisational performance according to the extent to which the objectives of the State Government Insurance Commission are achieved. The parties agree that performance indicators have a primary role to assist in the attainment of corporate goals in the interests of clients, employees, SGIC and the government on behalf of the community;
(c)The Performance Indicators outlined in Attachment B have been agreed by the parties to be valid measures of progress in the performance of key elements of the Agreement.
(d)Comparisons between the State Government Insurance Commission levels of performance are undertaken through the use of performance indicators.
(e)It is agreed that the employees' understanding of productivity measurement concepts is vital for performance monitoring arrangements to be successful on an ongoing basis.
(f)The parties agree that the value of the initiatives included in this Agreement and assessed through the application of performance indicators isat least $2,100,000 per annum.
(g)The value of the productivity improvements will be shared between State Government Insurance Commission and its employees. The employees share shall be 40% and the State Government Insurance Commission, which shall include the return to government on behalf of the community shall receive 60%.
(h)The Productivity Improvement Plan will be measured by the Future Productivity Measurement Index (see Attachment B appendix 1).
14. - DISPUTE SETTLEMENT PROCEDURE
Subject to the provisions of the Public Sector Management Act, 1994, the following procedures are to be followed in connection with questions, disputes or difficulties arising under this Agreement.
(a)The CSA representative and/or the employee/s concerned shall discuss the matters with the immediate supervisor in the first instance. An employee may be accompanied by a CSA Representative.
(b)If the matter is not resolved within 5 working days following the discussion in accordance with sub-clause (a) hereof the matter shall be referred by the CSA Representative to the SGIC Managing Director or his/her nominee for resolution.
(c)If the matter is not resolved within 5 working days of the CSA Representative's notification of the dispute to the SGIC it may be referred by either party to the Western Australian Industrial Relations Commission.
Provided that with effect from 22 November, 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.
15. - CONSULTATIVE MECHANISM
1.Full Consultation
(i)Full consultation, through the Civil Service Association of Western Australia (Inc) must occur prior to decision making on matters which impact on employees working lives. Such decisions may include, but not be limited to, changes in production programme, organisation, structure or technology that are likely to have significant effects on the union's membership.
(ii)Significant effects includes but is not limited to redundancy, significant changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities, the need for retraining or transfer of employees to other work or locations and restructuring of jobs.
16. - SALARY
The following salary increases are payable on the basis of implementation and continued co-operation of those improvements in productivity and/or work practice changes outlined in Clauses 12 and 13.
The following increases will be payable during the life of this Agreement:
(i)A first increase of 4% payable from 1 January 1996.
(ii)A second increase of 2% payable from 1 July 1996.
(iii)A third increase of 3% payable from 1 September 1996.
Payment of the second and third increase will be made having regard to:
(a)the continued commitment of the parties to the objects of the Agreement and the implementation of the initiatives and reforms included within it;
(b)meeting of the productivity targets as per the final audited accounts for 1995/96; and
(c)whether the reforms agreed have been implemented or whether they are in the process of being implemented.
Subject to the parties having complied with all the requirements placed on them by the agency Agreement, employees will not be disadvantaged by Government decisions which impact directly on that Agreement.
The salary scales to be paid under the Enterprise Bargain Agreement are set out in Schedule A.
17. - CEREMONIAL/CULTURAL LEAVE
An employee who is legitimately required to be absent from work for their tribal/ceremonial/cultural purposes shall be entitled to take accrued annual leave entitlements or leave without pay.
Such ceremonial/cultural leave shall include leave to meet the employees' customs, traditional law and to participate in ceremonial/cultural activities.
Ceremonial leave shall be available but not limited to Aboriginals and Torres Strait Islanders.
18. - SPECIAL FAMILY LEAVE
An employee may use a total of 5 days of his/her personal accrued sick leave to supervise the convalescence of a family member, provided that satisfactory documentation of the family member's illness is sighted by the employer.
In this clause "family member" means the employee's spouse, de facto spouse, child, step child, parent, step parent, sibling or another person who lives with the employee as a member of the employee's family.
19. - PARENTAL LEAVE
(a)Definition
(i)"Employee" includes full time, part time, permanent and fixed term contract employees
(ii)"Replacement Employee" is an employee specifically engaged to replace an employee proceeding on parental leave
(b)Eligibility for Parental Leave
(i)An employee is entitled to a period of up to 52 consecutive weeks parental leave in respect of the birth of a child to the employee or the employee's spouse/partner.
(ii)Where the employee applying for the leave is the partner of a pregnant spouse one week leave may be taken at the birth of the child concurrently with parental leave taken by the pregnant employee.
(iii)An employee to adopting a child under the age of five years shall be entitled to three weeks parental leave at the placement of the child and a further period of parental leave up to a maximum of 52 weeks.
(iv)An employee seeking to adopt a child shall be entitled to two days unpaid leave for the employee to attend interviews or examination required for the adoption procedure. Employees working or residing outside the Perth metropolitan area are entitled to an additional days leave. The employee may take any paid leave entitlement in lieu of this leave.
(v)Subject to sub-clause (ii) of this clause where both partners are employed by the SGIC the leave shall not be taken concurrently except under special circumstances and with the approval of the Managing Director.
(c)Other Leave Entitlements
(i)An employee proceeding on parental leave may elect to utilise any accrued annual leave or accrued long service leave for the whole or part of the period of parental leave or extend the period of parental leave with such leave.
(ii)An employee may extend the maximum period of parental leave with a period of leave without pay subject to the Managing Director's approval.
(iii)An employee on parental leave is not entitled to paid sick leave and other paid award absences.
(iv)Where the pregnancy of an employee terminates other than by the birth of a living child then the employee shall be entitled to such period of paid sick leave or unpaid leave for a period certified as necessary by a registered medical practitioner.
(v)Where a pregnant employee not on parental leave suffers illness related to the employee's pregnancy or is required to undergo a pregnancy related medical procedure the employee may take any paid sick leave to which the employee is entitled or such further unpaid leave for a period certified as necessary by a registered medical practitioner.
(d)Notice and Variation
(i)The employee shall give not less than four week's notice in writing to the agency of the date the employee proposes to commence maternity leave stating the period of leave to be taken.
(ii)An employee proceeding on parental leave may elect to take a shorter period of maternity leave and may at any time during that period of leave elect to reduce or extend the period stated in the original application provided four weeks written notice is provided.
(e)Transfer to Safe Job
(i)Where illness or risks arising out of pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue in her present duties, the duties shall be modified or the employee may be transferred to a safe position of the same classification until the commencement of maternity leave
(ii)If the transfer to a safe position is not practicable, the employee may take leave for such period as is certified necessary be a registered medical practitioner.
(f)Replacement Employee
Prior to engaging a replacement employee the SGIC shall inform the person of the temporary nature of the employment and the entitlements relating to return to work of the employee on parental leave.