Government Employees (Promotions Appeal Board) Act Amendment Act 1975 (WA)

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WESTERN AUSTRALIA.

GOVERNMENT EMPLOYEES

(PROMOTIONS

APPEAL BOARD).

No. 26 of 1975.

AN ACT to amend the Government Employees

(Promotions Appeal Board) Act, 1945-1966.

[Assented to 16th May, 1975.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Employees (Promotions Appeal Board) Act Amend- and citation.

1. (1) This Act may be cited as the Government Short title

ment Act, 1975.

(2) In this Act the Government Employees

as approved

Reprinted

(Promotions Appeal Board) Act, 1945-1966 is

for reprint

24th August

referred to as the principal Act.

1967.

No. 26.]

Government Employees

[1975.

(Promotions Appeal Board).

(3) The principal Act as amended by this Act may be cited as the Government Employees (Promotions Appeal Board) Act, 1945-1975.

Commence-

ment.

2.

This Act shall come into operation on a date

to be fixed by proclamation.

Section 2

amended.

3.

Section 2 of the principal Act is amended by

adding immediately before the word "Schedule"

where occurring

(a)

in line two of subsection (1);

(b)

in line two of subsection (2); and

(c)

in the last line of subsection (2),

the word "First" in each case.

Section 5

amended.

4. Section 5 of the principal Act is amended

(a)

by deleting subparagraph (i) of paragraph (a) of the proviso to subsection (1) and substituting the following subparagraph-

in respect of any office unless the

(i)  office is specified as an appealable office in the Second Schedule to this Act, or unless the Governor declares upon special grounds that the office or class of office shall be excluded from the operation of the foregoing provisions of this paragraph; ; and

(b)

by repealing subsection (la).

1975.]

Government Employees

[No. 26.

(Promotions Appeal Board).

Section 6

5. Section 6 of the principal Act is amended

amended.

(a)

by deleting paragraph (a) of subsection (2) and substituting the following para- graph

(a)

The person for the time being holding the office of Public Service Arbitrator under the Public Service Arbitration Act, 1966, who shall be the Chairman; ;

(b) by repealing and re-enacting subsection

(2a) as follows

(2a) Notwithstanding the provisions of subsection (2) of this section, the Governor may appoint stipendiary magistrates nominated by the Minister to be Assistant Chairmen of the Board and thereupon the Board may at any time comprise any Assistant Chairman and two persons respectively appointed in accordance with the provisions of paragraphs (b) and (c) of that sub- section. ; and

(c)

by adding after paragraph (a) of sub- section (3) the following paragraph

(b)

Where the person elected or appointed to act on the Board at the hearing of the appeal as the employees' representative in accord- ance with the provisions of this subsection is prevented by absence, illness or incapacity from so acting on the hearing of the appeal, another person nominated by the Civil Service Association of Western Australia, Incorporated, shall act on the Board at the hearing of the appeal in place of that first- mentioned person. .

No. 26.]

Government Employees

[1975.

(Promotions Appeal Board).

Section 14

amended.

6. Section 14 of the principal Act is amended

(a)

by deleting paragraphs (c) and (d) of the interpretation "Seniority" in subsection (3) and substituting the following para- graph

(c)

As between employees when the positions or offices held by them are not graded or classified—Seniority by higher rate of salary or wages or by longer periods of service at the same rate of salary or wages and where employees to whom this para- graph applies were appointed on the same day to that same rate of salary or wages, the seniority as between them as it existed immediately prior to that day; ;

(b)

by adding immediately before paragraph (db) the following paragraph-

(da) As between salaried administrative, clerical, general or professional officers employed under the Main Roads Act, 1930—Seniority by longer period of continuous service as an officer after attaining the age of eighteen years; .

Heading to

Schedule

7. The principal Act is amended

substituted.

Second

Schedule

added.

(a)

by deleting the heading to the Schedule of the Act and substituting the following heading

THE FIRST SCHEDULE.

; and

1975.]

Government Employees

[No. 26.

(Promotions Appeal Board).

(b)

by adding at the end thereof the following schedule

THE SECOND SCHEDULE.

The following are appealable offices-

1. Offices under Public Service Act, 1904-

(a)

all offices in the Clerical Division and the General Division;

(b)

any office in the Professional Division within an occupational group specified in column 1 hereunder if the maximum salary of the office does not exceed the maximum salary of the level within that occupational group specified in column 2 hereunder

TABLE

Column 1

Column 2

Occupational Group

Level

Agricultural Scientists

Level 2

Architects ....

Level 2

Architectural and Engineering

Draftsmen ....

Level 3

Cartographic Draftsmen and

Examiners ....

Level 3

Engineers ....

Level 2

Engineering Surveyors

Level 3

Forestry Officers ....

Level 2

Geologists

Level 2

Inspectors of Machinery

Level 3

Land Surveyors ....

Level 3

Medical Laboratory Technologists

Level 2

Miscellaneous Officers

Level 11

Nursing Officers ....

Level 3

Occupational Therapists

Level 2

Pharmacists

Level 3

Planning Assistants and Planning

Officers

Level 2

Probation and Parole Officers .

Level 3

Psychologists—Clinical Psychologists

Level 3

Quantity Surveyors

Level 3

Scientific Officers .

Level 2

Social Workers ....

Level 3

Veterinary Scientists

Level 2;

No. 26.]

Government Employees

[1975.

(Promotions Appeal Board).

(c)

any office in the Professional Division not within an occupational group specified in column 1 of the table in paragraph (b) of this item, if the maximum salary of the office does not exceed the maximum salary of level 11 within the Professional Division Miscellaneous Officers occupational group.

2. Offices under the Government Railways Act,

1904:—

(a)

any office to which the Railways Salaried Officers Award for the time being in force applies if the maximum salary of the office does not exceed the maximum payable to an office classified as Division 3 by the award;

(b)

any office to which The Railways Professional Officers Award for the time being in force applies if the maximum salary of the office does not exceed the maximum payable to an office classified as Engineer Class 2 by the award;

(c)

any other office if the maximum salary or wage of the office does not exceed the maximum salary payable to the highest office within the Clerical Division established under the Public Service Act, 1904.

3. Any office within a department (not being an office under the Public Service Act, 1904, or the Govern- ment Railways Act, 1904) if the maximum salary or wage of the office does not exceed the maximum salary payable to the highest office within the Clerical Division established under the Public Service Act, 1904. .

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