Ambulance Service of New South
Wales Administrative and Clerical Employees (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Department of Health.
(No. IRC 1989 of 2008)
|
Before The Honourable
Justice Schmidt
|
5 December 2008
|
VARIATION
1 Delete clause
2, Objectives, of the award published 25 May 2001 (324 I.G. 1210), and insert
in lieu thereof the following:
2. Objectives
(a) The Parties
agree to work co-operatively and positively to facilitate implementation of the
programs and initiatives set out below:
(i) service
delivery reform and change and associated workforce reform, within the
Ambulance Service of New South Wales;
(ii) better management
of overtime and sick leave; and
(iii) to achieve a
targeted reduction in the number and average cost of workers compensation
claims and in sick leave and work cooperatively to improve return to work
programs and the rate of successful return of injured employees to work
(b) The Parties are
committed to the satisfactory and timely resolution of any differences or
disagreements and agree that all disputes arising between the parties will be
dealt with in accordance with clause 31, Issues Resolution, of this Award. The
Parties acknowledge their wider social obligations and will consider their
actions in this context.
(c) This award gives
effect to the wage increases and other matters agreed between the parties as
set out in the Memorandum of Understanding between the parties dated 2 December
2008.
2. Delete
subclause (c) of clause 6, Wages and insert in lieu thereof the following:
(c) The following
wage increases are provided for in this Award in accordance with the Memorandum
of Understanding between the parties dated 2 December 2008:
(i) all
classifications covered by this award are to receive:
a 3.9% from the first full pay period commencing on or
after 1 July 2008;
a 3.9% from the first full pay period commencing on or
after 1 July 2009;
a 3.9% from the first full pay period commencing on or
after 1 July 2010.
3. Insert after
subclause (e) of clause 7. Hours of Duty the following new subclause (f) and renumber existing subclauses (f) to (l) to read as (g)
to (m):
(f) Where there is
agreement between an employer and an employee, an employee's allocated day off
duty prescribed by sub-clause (d) of this clause may be accumulated and be
taken at a time mutually agreed upon between the employer and the employee,
provided that the maximum number of allocated days off duty which may
accumulate under this sub-clause shall be three. Any allocated day off duty
accumulated but not taken at the date of termination, shall be paid out at
ordinary rates applicable at date of termination as part of the usual
termination entitlement.
4. Delete clause
9, Overtime and insert in lieu thereof the following new clause:
9. Overtime
(a) Employees are
expected to work reasonable overtime in accordance with Clause 36 Reasonable
Hours of this Award.
(b) All time worked
by employees outside the ordinary hours in accordance with clause 7, Hours of
Duty, of this Award, shall be paid for at the rate of time and one half for the
first two hours each day and thereafter at the rate of double time, provided
however, that all overtime worked on public holidays shall be paid for at the
rate of double time and one-half.
(c) An employee who
is required to work overtime in excess of two hours shall, at the option of the
Service, be supplied with a meal or shall be paid an amount as varied from time
to time by the Service unless he or she has been notified on his or her
previous shift or duty that he or she would be required to work overtime.
(d) Employees
recalled to work overtime after leaving the Service’s premises, shall be paid
for a minimum of two hours work at the appropriate rate for each time he or she
is so recalled; provided that, except in unforeseen circumstances arising, an
employee shall not be required to work the full minimum number of hours
prescribed above if the job he or she was recalled to perform is completed
within a shorter period.
(e) The employer
must have processes in place for the formal release of employees from recall
duty.
(f) Employees who
are not formally released and who are recalled again during the two hour
minimum payment period are not entitled to any additional payment until the
expiration of the two hour period.
(g) Employees who
are advised they will not be required to perform any additional work and are
formally released and who are subsequently recalled again during the two hour
minimum payment period, shall be entitled to another two hour minimum payment.
(h) Employees
required to work overtime after leaving the employer’s premises to provide a
technology support resolution remotely without onsite presence, shall be paid
for such work at the appropriate overtime rate, with a minimum payment of one
hour at such rates.
(i) When overtime
work is necessary it shall, wherever reasonably practical, be so arranged that
employees have at least eight consecutive hours off duty between the work on
successive days or shifts.
(j) An employee who
works so much overtime:
(i) between the
termination of his or her ordinary work on any day or shift and the
commencement of his or her ordinary work on the next day or shift that he or
she has not had at least eight consecutive hours off duty between these
times; or
(ii) on a Saturday,
a Sunday and a public holiday, not being ordinary working days, or on a
rostered day off without having had eight consecutive hours off duty in the
twenty-four hours preceding his or her ordinary commencing time on his or her
next day or shift;
shall, subject to this subclause, be released after
completion of such overtime until he or she has had eight consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence. If on the instruction of the
Service such an employee resumes or continues to work without having had such
eight consecutive hours off duty he or she shall be paid at double rates until
he or she is released from duty for such period that he or she then shall be
entitled to be absent until he or she has had eight consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence.
(k) For the purposes
of assessing overtime each day shall stand alone, provided however that where
any one period of overtime is continuous and extends beyond midnight, all
overtime hours in this period shall be regarded as if they had occurred within the
one day.
(l) All overtime
worked by shift workers on Saturdays, Sundays and Public Holidays shall be paid
for at the appropriate overtime rate prescribed in subclause (a) of this
clause, such overtime to be cumulative upon the ordinary time penalties applicable
to such days of work.
5. Delete
subclause (a) of clause 11, Accrual of Additional Days Off (ADOs), and insert
in lieu thereof the following:
(a) The parties
agree that employees should have the capacity to accumulate up to three (3)
days additional days off duty (ADOs) as measured at any one point in time,
which accrue in accordance with clause 7, Hours of Duty of this Award. This limit on the accumulation right means
that any employee who has a current accumulation of three ADOs must take the
fourth ADO occurring to him or her when it falls due in accordance with the
roster.
6. Delete clause
17, Relieving Other Members of Staff, and insert in lieu thereof the following:
17. Relieving Other
Members of Staff
(a) Subject to the
provision of subclause (b) of this clause, an employee who is called upon to
relieve an employee in a higher classification continuously for five working
days or more, and who satisfactorily performs the duties and assumes the responsibilities of the higher classification
as required by the employer, shall be entitled to receive, for the period of
relief, the minimum pay of such higher classification.
(b) The payment
shall be made on the following basis:
(i) Be paid at
least the rate which would be applicable if 100% of such duties where performed
on a permanent basis. Where relief is
performed in a position at less than 100% the employee shall be paid a
proportion equivalent to that lesser amount of relief, i.e. where 25% of the
work of the position received is carried out, the relieving allowance shall be
25% of the difference between the rates applicable to the position.
(ii) Higher duties
allowance shall only be paid when the employee has been directed by the Service
to relieve in such position.
(c) This clause shall
not apply when an employee in a higher classification is absent by reason of
his or her allocated day or days off duty.
7. Insert after
subclause (d) of clause 30, Payment and Particulars of Wages, the following new
subclause (e):
(e) Underpayment and
overpayment of salaries - the following process will apply once the issue of
underpayment or overpayment is substantiated.
(i) Underpayment
(1) If the amount
underpaid is equal to or greater than one day’s gross base pay the underpayment
will be rectified within three working days;
(2) If the amount
underpaid is less than one day’s gross base pay it will be rectified by no
later than the next normal pay.
However, if the employee can demonstrate that rectification in this manner
would result in undue hardship, every effort will be made by the employer to
rectify the underpayment within three working days.
(ii) Overpayment
(1) In all cases
where overpayments have occurred, the employer shall as soon as possible advise
the employee concerned of both the circumstances surrounding the overpayment
and the amount involved. The employer
will also advise the employee of the pay period from which the recovery of the
overpayment is to commence.
(2) One off
overpayments will be recovered in the next normal pay, except that where the
employee can demonstrate that undue hardship would result, the recover rate
shall be at 10% of an employee’s gross fortnightly base pay.
(3) Unless the
employee agrees otherwise, the maximum rate at which cumulative overpayments
can be recovered is an amount, calculated on a per fortnight basis, equivalent
to 10% of the employee’s gross fortnightly base pay.
(4) The recovery
rate of 10% of an employee’s gross fortnightly base pay referred to in subclause
(ii)(3) above may be reduced by agreement, where the employee can demonstrate
that undue hardship would result.
(5) Where an
employee’s remaining period of service does not permit the full recovery of any
overpayment to be achieved on the fortnightly basis prescribed in subclause
(ii)(3) above, the employer shall have the right to deduct any balance of such
overpayment from monies owing to the employee on the employee’s date of
termination, resignation or retirement, as the case may be.
8. Delete clause
32, No Extra Claims, and insert in lieu thereof the following:
32. No Extra Claims
The Memorandum of Understanding between the employer and the
Union dated 2 December 2008 establishes the extent of any further claims that
may be pursued by the Union as set down in Clause 6, Leave Reserved, of that
Memorandum.
9. Delete
subclause (a) of clause 39, Area, Incidence and Duration, and insert in lieu
thereof the following:
(a) This Award shall
take effect on and from 1 July 2008 and shall remain in force thereafter for a
period of three years.
10. Delete clause
41, Classification Structure, of Part B, Monetary Rates, and insert in lieu
thereof the following:
41. Classification
Structure
Each date referred to in the table is a reference to the first
full pay period to commence on or after that date.
|
Classification
|
Rate at
|
Rate at
|
Rate at
|
|
|
01/07/2008
|
01/07/09
|
01/07/2010
|
|
|
3.9% per week
|
3.9% per week
|
3.9% per week
|
|
|
$
|
$
|
$
|
|
Administrative Assistant - Junior
|
|
1st Year or at 16 Years
|
522.30
|
542.70
|
563.90
|
|
2nd Year or at 17 Years
|
545.60
|
566.90
|
589.00
|
|
Administrative Assistant - Grade 1
|
|
1st Year
|
585.10
|
607.90
|
631.60
|
|
2nd Year
|
597.90
|
621.20
|
645.40
|
|
3rd Year
|
613.10
|
637.00
|
661.80
|
|
4th Year
|
639.80
|
664.80
|
690.70
|
|
5th Year
|
662.50
|
688.30
|
715.10
|
|
Administrative Assistant - Grade 2
|
|
1st Year
|
686.40
|
713.20
|
741.00
|
|
2nd Year
|
702.40
|
729.80
|
758.30
|
|
3rd Year
|
713.90
|
741.70
|
770.60
|
|
4th Year
|
730.20
|
758.70
|
788.30
|
|
Administrative Assistant - Grade 3
|
|
1st Year
|
743.80
|
772.80
|
802.90
|
|
2nd Year
|
763.40
|
793.20
|
824.10
|
|
3rd Year
|
795.70
|
826.70
|
858.90
|
|
4th Year
|
813.10
|
844.80
|
877.70
|
|
Administrative Assistant - Grade 4
|
|
1st Year
|
831.20
|
863.60
|
897.30
|
|
2nd Year
|
848.70
|
881.80
|
916.20
|
|
3rd Year
|
866.80
|
900.60
|
935.70
|
|
4th Year
|
884.80
|
919.30
|
955.20
|
|
Pay Clerks - Grade 3/4
|
|
1st Year
|
851.60
|
884.80
|
919.30
|
|
2nd Year
|
925.60
|
961.70
|
999.20
|
|
Pay Clerk - Senior
|
|
1st Year &
Thereafter
|
975.70
|
1013.80
|
1053.30
|
|
Senior Administrative Assistant - Grade 1
|
|
1st Year
|
902.00
|
937.20
|
973.80
|
|
2nd Year
|
924.10
|
960.10
|
997.50
|
|
Senior Administrative Assistant - Grade 2
|
|
1st Year
|
952.10
|
989.20
|
1027.80
|
|
2nd Year
|
975.70
|
1013.80
|
1053.30
|
|
Senior Administrative Assistant - Grade 3
|
|
1st Year
|
1008.10
|
1047.40
|
1088.20
|
|
2nd Year
|
1033.00
|
1073.30
|
1115.20
|
|
Administrative Officer - Grade 1
|
|
1st Year
|
1071.30
|
1113.10
|
1156.50
|
|
2nd Year
|
1100.40
|
1143.30
|
1187.90
|
|
Administrative Officer - Grade 2
|
|
1st Year
|
1118.50
|
1162.10
|
1207.40
|
|
2nd Year
|
1148.10
|
1192.90
|
1239.40
|
|
Administrative Officer - Grade 3
|
|
1st Year
|
1185.20
|
1231.40
|
1279.40
|
|
2nd Year
|
1221.60
|
1269.20
|
1318.70
|
|
Senior Administrative Officer - Grade 1
|
|
1st Year
|
1270.50
|
1320.00
|
1371.50
|
|
2nd Year
|
1307.40
|
1358.40
|
1411.40
|
|
Senior Administrative Officer - Grade 2
|
|
1st Year
|
1348.20
|
1400.80
|
1455.40
|
|
2nd Year
|
1388.90
|
1443.10
|
1499.40
|
|
Computer Operator - Grade 1
|
|
1st Year
|
701.50
|
728.90
|
757.30
|
|
2nd Year
|
719.40
|
747.50
|
776.70
|
|
3rd Year
|
747.20
|
776.30
|
806.60
|
|
4th Year
|
766.00
|
795.90
|
826.90
|
|
Computer Operator - Grade 2
|
|
1st Year
|
772.00
|
802.10
|
833.40
|
|
2nd Year
|
819.80
|
851.80
|
885.00
|
|
3rd Year
|
848.10
|
881.20
|
915.60
|
|
Computer Programmer
|
|
1st Year
|
1006.00
|
1045.20
|
1086.00
|
|
2nd Year
|
1069.10
|
1110.80
|
1154.10
|
|
3rd Year
|
1182.10
|
1228.20
|
1276.10
|
|
4th Year
|
1268.10
|
1317.60
|
1369.00
|
|
Operations Centre Communications Assistants
|
|
Trainee
|
819.80
|
851.80
|
885.00
|
|
1st Year
|
873.40
|
907.50
|
942.90
|
|
2nd Year
|
892.70
|
927.50
|
963.70
|
|
3rd Year
|
911.40
|
946.90
|
983.80
|
|
4th Year
|
930.80
|
967.10
|
1004.80
|
|
Operations Centre Assistant Supervisor
|
|
1st Year
|
886.00
|
920.60
|
956.50
|
|
2nd Year
|
904.80
|
940.10
|
976.80
|
|
3rd Year
|
923.90
|
959.90
|
997.30
|
|
4th Year
|
942.90
|
979.70
|
1017.90
|
|
Operations Centre Senior Supervisor
|
|
1st Year
|
961.40
|
998.90
|
1037.90
|
|
2nd Year
|
985.10
|
1023.50
|
1063.40
|
|
|
|
|
|
|
11. This variation
shall take effect on and from 1 July 2008.
M.
SCHMIDT
J
____________________
Printed by
the authority of the Industrial Registrar.