AN160268 – Public Service Award 1992
(1) Definitions:
(a) Accrued leave - is the leave an officer is entitled to from a previous calendar year.
(b) Pro-rata leave - is the proportion of leave that an officer is entitled to in the current year, either from the date of commencement, or to the date of cessation.
(2) Entitlement
(a) Each officer is entitled to four weeks paid leave for each year of service. Annual leave shall be calculated on a calendar year basis commencing on January 1 in each year.
(b) An officer employed on a fixed term contract for a period greater than 12 months, shall be credited with the same entitlement as a permanent officer. An officer employed on a fixed term contract or on a part time basis for a period less than 12 months, shall be credited with the same entitlement on a pro-rata basis for the period of the contract.
(c) On written application, an officer shall be paid salary in advance when proceeding on annual leave.
(d) The provisions of this clause do not apply to Casual Officers.
(3) Pro rata Annual Leave
(a) Entitlement
(i) An officer who enters the Public Service after January 1 is entitled to pro rata annual leave for that year, calculated in accordance with the following formula:
Completed Calendar Months of Service |
Pro Rata Annual Leave (Working Days) |
1 |
2 |
2 |
3 |
3 |
5 |
4 |
7 |
5 |
8 |
6 |
10 |
7 |
12 |
8 |
13 |
9 |
15 |
10 |
17 |
11 |
18 |
(ii) Provided that in the first and last months of an officers service the officer is entitled to pro rata annual leave of one working day for each two completed weeks of service.
(iii) For the purposes of this paragraph, an officer who commences on the first working day of a month and works for the remainder of the month an officer who has worked throughout a month and terminates on the last working day of a month shall be regarded as having completed that calendar month of service.
(b) An officer may take annual leave during the calendar year in which it accrues or anytime thereafter, but the time during which the leave may be taken is subject to the approval of the employer.
(c) An officer who has been permitted to proceed on annual leave and who ceases duty before completing the required continuous service to accrue the leave, must refund the value of the unearned pro rata portion, calculated at the rate of salary as at the date the leave was taken, but no refund is required in the event of the death of an officer.
(4) Part-time entitlement
A part-time officer shall be granted annual leave in accordance with this clause, however payment to a part-time officer proceeding on annual leave shall be calculated having regard for any variations to the officer's ordinary working hours during the accrual period.
(5) Compaction of Annual Leave
An officer who, during an accrual period was subject to variations in ordinary working hours or whose ordinary working hours during the accrual period are less than the officer's ordinary working hours at the time of commencement of annual leave, may elect to take a lesser period of annual leave calculated by converting the average ordinary working hours during the accrual period to the equivalent ordinary hours at the time of commencement of annual leave.
(6) Additional leave for the North West
(a) Officers whose headquarters are located north of 26o South Latitude shall receive an additional five working days annual leave on the completion of each year of continuous service in the region.
(b) An officer who proceeds on annual leave before having completed the necessary year of continuous service may be given approval for the additional five working days leave provided the leave is taken at departmental convenience and provided the officer returns to that region to complete the necessary service.
(c) Where an officer has served continuously for at least a year north of the 26o South Latitude, and leaves the region because of promotion or transfer, a pro rata annual leave credit to be cleared at departmental convenience shall be approved on the following basis:
Completed months of continuous service in the region after the initial year's service |
Pro Rata additional annual leave (working days) |
1 |
NIL |
2 |
NIL |
3 |
1 |
4 |
1 |
5 |
2 |
6 |
2 |
7 |
2 |
8 |
3 |
9 |
3 |
10 |
4 |
11 |
4 |
(d) Where payment in lieu of pro rata annual leave is made on the death, resignation or retirement of an officer in the region, in addition to the payment calculated on a four week basis, payment may be made for the pro rata entitlement contained in subclause (3) of this clause.
(7) Other Additional Leave
Every officer other than an officer referred to in subclause (6) of this clause, to whom the employer has granted annual leave in excess of four weeks because of special circumstances shall be credited with such additional leave on a pro rata basis according to the following table.
Completed months of Service |
Pro rata annual leave (working days) | |
5 additional days |
10 additional days | |
1 |
Nil |
Nil |
2 |
Nil |
1 |
3 |
1 |
2 |
4 |
1 |
3 |
5 |
2 |
4 |
6 |
2 |
5 |
7 |
2 |
5 |
8 |
3 |
6 |
9 |
3 |
7 |
10 |
4 |
8 |
11 |
4 |
9 |
(8) Portability
(a) Where an officer was, immediately prior to being employed in the Public Service, employed in any Western Australian State body or statutory authority as prescribed in Administrative Instruction 611, the Employer shall approve portability of accrued and pro rata annual leave entitlements held at the date the officer ceased that previous employment, provided that:
(i) the officer's employment w ith the Public Service commenced no later than one week after ceasing the previous employment; and
(ii) the officer was not paid out all or part of the accrued and pro rata annual leave entitlements held at the time of ceasing that previous employment.
(9) The employer may direct an officer to take accrued annual leave and may determine the date on which such leave shall commence. Should the officer not comply with the direction, disciplinary action may be taken against the officer.
(10) Annual Leave Travel Concessions
(a) Officers stationed in remote areas
(i) The travel concessions contained in the following table are provided to officers and their dependants when proceeding on annual leave to either Perth or Geraldton from headquarters situated in District Allowance Areas 3, 4, 5 and 6.
(ii) Officers are required to serve a year in these areas before qualifying for travel concessions. However, officers who have less that a years service in these areas and who are required to proceed on annual leave to suit departmental convenience will be allowed the concessions. The concession may also be given to an officer who proceeds on annual leave before completing the year's service provided that the officer returns to the area to complete the year's service at the expiration of the period of leave.
(iii) The mode of travel is to be at the discretion of the employer.
(iv) Travel concessions not utilised within twelve months of becoming due will lapse.
(v) Part-time officers are entitled to travel concessions on a pro rata basis according to the usual number of hours worked per week.
Travelling time shall be calculated on a pro rata basis according to the number of hours worked.
Approved Mode of Travel |
Travel Concession |
Travelling Time | |
(aa) |
Air |
Air fare for the Officer, and dependant partner and dependant children |
One day each way |
(bb) |
Road |
Full motor vehicle allowance rates, but reimbursement not to exceed the cost of the return air fare for the Officer, dependant partner and dependant children, travelling in the motor vehicle. |
North of 20° South Latitude - two and one half days each way. Remainder - two days each way. |
(cc) |
Air and Road |
Full motor vehicle allowance rates for car trip, but reimbursement not to exceed the cost of the return air fare for the Officer. Air fares for the dependant partner and dependant children. |
North of 20° South Latitude - two and one half days each way. Remainder - two days each way. |
(vi) Where officers are entitled to a travel concession under this subclause and the officer's headquarters is situated in District Allowance Areas 3, 4, 5 or 6, a travel concession covering the cost of airfares or motor vehicle allowance up to a maximum amount equivalent to the value of a return economy airfare to Perth will be provided for each officer and each of his/her dependants when proceeding on annual leave to a location other than Perth or Geraldton.
(b) Officers whose headquarters are located 240 kilometres or more from Perth
(i) Officers, other than those designated in paragraph (10)(a) whose headquarters are situated two hundred and forty kilometres or more from Perth General Post Office and who travel to Perth for their annual leave may be granted by the employer reasonable travelling time to enable them to complete the return journey.
(11) Leave Loading
(a) Subject to the provisions of paragraphs (c) and (g) of this subclause, a loading equivalent to 17.5% of normal salary is payable to officers proceeding on annual leave, including accumulated annual leave.
(b) Subject to the provisions of paragraphs (c) and (g) of this subclause, shift workers who are granted an additional week's penalty leave when proceeding on annual leave including accumulated annual leave shall be paid:
(i) shift and weekend penalties the officer would have received had the officer not proceeded on annual leave, or
(ii) a loading equivalent to 20% of normal salary for five weeks leave; whichever is the greater.
(c) Maximum Loading
(i) Subject to the provisions of paragraph (e) of this subclause the loading is paid on a maximum of four weeks annual leave, or five weeks in the case of shift workers who are granted an additional weeks penalty leave. Payment of the loading is not made on additional leave granted for any other purpose (eg to officers whose headquarters are located North of the 26o South Latitude).
(ii) Maximum payment shall not exceed the Average Weekly Total Earnings of all Males in Western Australia, as published by the Australian Bureau of Statistics, for the September quarter of the year immediately preceding that in which the leave commences.
(iii) Maximum payment to shift workers who are granted an additional weeks penalty leave shall not exceed 5/4th of the Average Weekly Total Earnings of all Males in Western Australia, as published by the Australian Bureau of Statistics, for the September quarter of the year immediately preceding that in which the leave commences.
(d) Annual leave commencing in any year and extending without a break into the following year attracts the loading calculated on the salary applicable on the day the leave commenced.
(e) The loading payable on approved accumulated annual leave shall be at the rate applicable at the date the leave is commenced. Under these circumstances an officer can receive up to the maximum loading for the approved accumulated annual leave in addition to the loading for the current year's entitlement.
(f) A pro rata loading is payable on periods of approved annual leave less than four weeks.
(g) The loading is calculated on the rate of the normal fortnightly salary including any allowances, which are paid as a regular fortnightly or annual amount. Any allowance paid to an officer for undertaking additional or higher level duties is only included if the allowance is payable during that period of normal annual leave as provided in subclauses (6) and (7) of Clause 19. - Higher Duties Allowance of this Award.
(h) Where payment in lieu of accrued or pro rata annual leave is made on the death or retirement of an officer, a loading calculated in accordance with the terms of this clause is to be paid on accrued and pro rata annual leave.
(i) When an officer resigns, or ceases employment, or where an officer is dismissed under Part V - Discipline of the Public Sector Management Act 1994, an annual leave loading shall be paid as follows:
(i) Accrued entitlements to annual leave - a loading calculated in accordance with the terms of this clause for accrued annual leave is to be paid.
(ii) Pro rata annual leave - no loading is to be paid.
(j) Part-time officers shall be paid a proportion of the annual leave loading at the salary rate applicable, provided that the maximum loading payable shall be calculated in accordance w ith the following:
Hours of work per fortnight |
x |
Maximum loading in accordance with subparagraph c(ii) of this clause |
75 |
1 |
(k) An officer who has been permitted to proceed on annual leave and who ceases duty other than by resignation or dismissal under Part V - Discipline of the Public Sector Management Act 1994, before completing the required continuous service to accrue the leave must refund the value of the unearned pro rata portion of Leave Loading but no refund is required in the event of the death of an officer.
(l) An officer who has been permitted to proceed on annual leave and who resigns or is dismissed under Part V - Discipline of the Public Sector Management Act 1994 must refund the value of the loading paid for leave other than accrued leave.
(m) The loading does not apply to Cadets on full time study.
