Nurses' (Department of Ageing, Disability & Home Care) (State) Award 2008

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Department of Ageing, Disability and Home Care.

 

(No. IRC 766 of 2009)

 

 

VARIATION

 

1.        Insert in the Arrangement of the award published 31 October 2008 (366 I.G. 952) the following new clause number and subject matter:

 

9A.     Higher Grade Duty

 

2.        Delete "clause 16, Annual Leave", from the arrangement and insert in lieu thereof the following:

 

16.      Recreation Leave

 

3.        Delete "clause 22, Leave Reserved" from the Arrangement and renumber clause 23, Area, Incidence and Duration to read as clause 22.

 

4.        Delete "Schedule 1 - Nurse Manager and Administrative Support Positions", from the Arrangement and insert in lieu thereof the following:

 

Schedule 1 - Nurse Manager and Administrative Support Positions

 

Large Residential Centre

 

5.        Delete clause 1, No Extra Claims and insert in lieu thereof the following:

 

1.  No Extra Claims

 

It is a term of this award that the Association undertakes, until 1 July 2011, not to lodge or pursue any new or extra claims, award or over award, to salaries, rates of pay or allowances.

 

6.        Delete in clause 2, Definitions under the definition "Large Residence" the third sentence "Riverside Residence; Grosvenor Residence" and insert in lieu thereof:

 

"Riverside Residence"

 

7.        Delete in the first paragraph in clause 3, General Conditions of Employment, the reference to the "Crown Employees (Public Service Conditions of Employment) Award 2002" and insert in lieu thereof the following:

 

"Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006"

 

8.        Insert in subclause (xii) of clause 4, Hours of Work and Free Time of Employees, the following new paragraph (b) and renumber existing paragraph (b) to read as (c).

 

(b)      Where days off are preceded by a night shift an employee may be rostered to return on a morning shift by agreement between the employee and the employer.

 

9.        Insert at the end of paragraph (c) of subclause (xii) of clause 4 the following:

 

, with the exception of subparagraph (b).

 

10.      Delete subclause (iii) in clause 6, Reasonable Workloads, and renumber existing subclauses (iv) (v) and (vi) to read as (iii) (iv) and (v) respectfully.

 

11.      Insert after clause 9 Special Allowances, the following new clause:

 

9A.  Higher Grade Duty

 

As consistent with Clause 7 Classification of positions an employee who is called upon to relieve and does relieve an employee in a higher classification or is called upon to act and does act in a vacant position of a higher classification for a continuous period of at least five working days shall be entitled to receive for the period of such relief or acting, the minimum payment for such higher classification.  The employer shall not rotate the performance of higher grade duty so as to avoid payment for performance of the higher grade duty in this manner.

 

12.      Delete clause 11, Uniforms and insert in lieu thereof the following:

 

11.  Uniforms

 

(i)       The Department shall pay an employee involved in direct care of a client allowances as follows:

 

(a)      In lieu of supplying shoes to an employee, the Department shall pay the said employee the sum as set out in Item 5 of Table 2 - Other Rates and Allowances of Part B, Monetary Allowances.

 

(b)      In lieu of supplying stockings to a female employee, the Department shall pay the said employee the sum as set out in Item 5 of the said Table 2.

 

(c)      In lieu of supplying socks to an employee, the Department shall pay the said employee the sum as set out in Item 5 of the said Table 2.

 

(d)      The allowances prescribed in this subclause continue to be payable during any period of paid leave.

 

(ii)         The Department shall pay an employee involved in direct care of a client a laundry allowance as set out in Item 5 of the said Table 2.  Provided that this allowance is not payable during any period of leave which exceeds one continuous week.

 

(iii)         Where the employer requires any employee to wear headgear, the facility shall provide headgear free of charge to the employee.

 

(iv)        Each employee whose duties regularly require them to work out of doors shall be supplied with suitable waterproof coat, hat and overboots.  Sufficient waterproof clothing shall be made available for use by other employees who in the course of their duties are exposed to wet weather.

 

(v)         The allowances prescribed by subclauses (i) and (ii) of this clause shall be paid to employees who are involved in direct care of a client. Such payments will be in compensation for the cost of purchasing and maintaining suitable clothing.

 

(vi)        Provided that a limited number of employees transferred in 1991 under the provisions of Schedule 3 of the Health Administration Act are entitled to sufficient, suitable and serviceable uniforms including one pair of shoes per annum which shall be of a recognised acceptable standard for the performance of nursing duties, shall be supplied free of cost to each employee required to wear a uniform.  An employee to whom a new uniform or part of a uniform has been issued who, without good reason, fails to return the corresponding article last supplied shall not be entitled to have such article replaced without payment therefore at a reasonable price.  In lieu of supplying a uniform to an employee, the Department may pay the said employee the sum as set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(vii)     An employee, on leaving the service of an employer shall return any uniform or part thereof supplied by the employer which is still in use by that employee immediately prior to leaving.

 

(viii)    The provisions of Clause 11. Uniforms of the Nurses’ (Department of Ageing, Disability & Home Care) (State) Review Award 2006 will continue to apply up until 1 July 2009.

 

13.      Delete from subclause (iii) of clause 12, Overtime the words:

 

"Provided that, this subclause does not apply to a Nurse Manager Accommodation and Nursing Services".

 

14.      Delete in paragraph (a) of subclause (iv) of clause 12 the words:

 

"at overtime rates"

 

and insert in lieu thereof the following:

 

"at ordinary rates"

 

15.      Insert after subclause (iii) of clause 13, Payment and Particulars Salaries, the following new subclause (iv) Underpayment and Overpayment of salaries.

 

(iv)      Underpayment and overpayment of salaries:  The following process will apply once the issue of underpayment or overpayment is substantiated.

 

(a)      Underpayment:

 

(i)       If the amount paid is equal to or greater than one day’s gross base pay the underpayment will be rectified within three working days;

 

(ii)       If the amount 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.

 

(b)      Overpayment

 

(i)       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.

 

(ii)       One off overpayments will be recovered in the next normal pay, except that where the employee can demonstrate that undue hardship would result, the recovery rate shall be at 10% of an employee's gross fortnightly base pay.

 

(iii)      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.

 

(iv)      The recovery rate of 10% of an employee's gross fortnightly base pay referred to in subclause (b) (iii) above may be reduced by agreement, where the employee can demonstrate that undue hardship would result.

 

(v)      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 (b) (iii) above, the Department 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.

 

16.      Retitle clause 16, Annual Leave, to read as:

 

16.  Recreation Leave

 

and substitute any occurrence of the words "Annual Leave" within the said clause with the words "Recreation Leave".

 

17.      Delete subclause (i) in clause 16, and insert in lieu thereof the following:

 

(i)       A full time shift worker shall accrue recreation leave at the rate of six weeks per annum, in recognition of the fact that they are required to work on public holidays unless rostered off duty on those days as part of their normal rostered days off.

 

A day worker shall accrue recreation leave at the rate of four weeks per annum.

 

18.      Insert a new paragraph (b) in clause 16, and renumber existing paragraph (b) to read as (c).

 

(b)      A day worker who is required to and does work on a public holiday shall be paid in addition to the appropriate ordinary rate of pay, an additional rate of time and a half resulting in a total payment of double time and a half for time so time so worked.  Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday. Provided that in lieu of the additional payment above the employee may elect to have an additional day added to their recreation leave and be paid at the rate of one half time extra for the time actually worked.

 

19.      Delete the second paragraph in subclause (ii) of paragraph (c) in clause 16.

 

20.      Insert in subclause (v) of clause 16, the following new paragraph (b).

 

(b)      In lieu of payment employees, entitled to an additional payment by virtue of this subclause, may elect to take leave equivalent to the value of their additional payment entitlement. The election is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

 

21.      Insert after subclause (v) of clause 16, the following new subclause (vi).

 

(vi)     The ability to elect to take leave under (ii)(b) and (v)(b) of this clause is not available to employees with excess recreation leave.

 

22.      Delete clause 22, Leave Reserved.

 

23.      Renumber clause 23, Area, Incidence and Duration to clause 22.

 

24.      Delete subclauses (ii), and (iii) of clause 22, Area, Incidence and Duration and insert in lieu thereof the following:

 

(ii)      The changes made to the Award pursuant to section 17 of the Industrial Relations Act 1996 vary the Nurses’ (Department of Ageing, Disability and Home Care) (State) Award 2008 published 31 October 2008 (366 I.G. 952).

 

(iii)      The Award shall take effect from 1 July 2008 and shall remain in force thereafter for a period of 3 years.

 

25.      For Schedule 1 of Part A, add the words "Large Residential Centres" and centre the title and as follows:

 

Schedule 1 of Part A

 

Nurse Manager and Administrative Support Positions

 

Large Residential Centre

 

26.      Delete the reference "Grosvenor" in Nurse Manager Accommodation and Nursing Services - Nurse Manager Grade 4 in Schedule 1 of Part A.

 

27.      Delete the word "Grosvenor" in Nurse Systems Support Coordinator (NSSC) Level 1 in Schedule 1 of Part A.

 

28.      Delete the words "and Kanangra" in Nurse Manager After Hours - Nurse Manager Grade 1, of Schedule 1 of Part A.

 

29.      Delete Part B, Monetary Rates and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Classification	1st Full Pay	1st Full Pay	1st Full Pay
	After 1.7.08	After 1.7.09	After 1.7.10
	4%	4%	4%
	per annum	per annum	per annum
	$	$	$
Assistant in Nursing
Under 18 years - 1st Year of Experience	27,858	28,972	30,131
Under 18 years - 2nd Year of Experience	29,113	30,278	31,489
Under 18 years - Thereafter	30,261	31,471	32,730
Assistant in Nursing and Trainee Enrolled Nurse's
Aide Adult
Over 18 years - 1st Year of Experience	32,878	34,193	35,561
Over 18 years - 2nd Year of Experience	33,928	35,285	36,696
Over 18 years - 3rd Year of Experience	34,986	36,385	37,840
Over 18 years - 4th Year of Experience	36,070	37,513	39,014
Trainee Enrolled Nurse
Under 18 years - 1st Year of Experience	27,900	29,016	30,177
Under 18 years - 2nd Year of Experience	29,128	30,293	31,505
Under 18 years - Thereafter	30,295	31,507	32,767
Trainee Enrolled Nurse
Over 18 years - 1st Year of Experience	32,912	34,228	35,597
Over 18 years - 2nd Year of Experience	33,961	35,319	36,732
Over 18 years - 1st Year of Experience	35,025	36,426	37,883
Thereafter	36,121	37,566	39,069

 

Enrolled Nurse
1st Year of Service	40,392	42,008	43,688
2nd Year of Service	41,278	42,929	44,646
3rd Year of Service	42,168	43,855	45,609
4th Year of Service	43,062	44,784	46,575
Thereafter	43,960	45,718	47,547
Enrolled Nurse - Medication Endorsement
1st Year	42,516	44,217	45,986
2nd Year	43,432	45,169	46,976
3rd Year	44,354	46,128	47,973
4th Year	45,275	47,086	48,969
5th Year & Thereafter	46,204	48,052	49,974
Nurses undergoing pre-registration training other	39,486	41,065	42,708
than as a student
Registered Nurse
1st Year of Service	45,796	47,628	49,533
2nd Year of Service	48,294	50,226	52,235
3rd Year of Service	50,785	52,816	54,929
4th Year of Service	53,455	55,593	57,817
5th Year of Service	56,102	58,346	60,680
6th Year of Service	58,759	61,109	63,553
7th Year of Service	61,771	64,242	66,812
8th Year of Service	64,317	66,890	69,566
Clinical Nurse Consultant
1st Year	80,460	83,678	87,025
2nd Year	82,301	85,593	89,017
Clinical Nurse Specialist	66,940	69,618	72,403
*No further appointments to this classification
after 30 June 2004.
Clinical Nurse Educator	66,940	69,618	72,403
Nurse Learning and Development Officer
1st Year	74,255	77,225	80,314
2nd Year	76,344	79,398	82,574
3rd Year	78,218	81,347	84,601
4th Year	82,302	85,594	89,018
Residential Unit Nurse Manager
Level 1	80,680	83,907	87,263
Residential Unit Nurse Manager
Level 2	84,511	87,891	91,407
Residential Unit Nurse Manager
Level 3	86,781	90,252	93,862
Nurse Systems Support Officer
Level 1	72,290	75,182	78,189
Level 2	76,880	79,955	83,153
Level 3
1st Year	80,460	83,678	87,025
2nd Year	82,098	85,382	88,797

 

Nurse Systems Support Co-ordinator
Level 1		76,880	79,955	83,153
Level 2
1st Year		80,460	83,678	87,025
2nd Year		82,098	85,382	88,797
Level 3
1st Year		80,460	83,678	87,025
2nd Year		82,098	85,382	88,797
3rd Year		83,727	87,076	90,559
4th Year		85,385	88,800	92,352
Level 4
1st Year		83,727	87,076	90,559
2nd Year		85,385	88,800	92,352
Nurse Manager Learning and Development Unit
1st Year		88,661	92,207	95,895
2nd Year		90,313	93,926	97,683
Nurse Manager Resource Support Unit
1st year		88,661	92,207	95,895
2nd Year		90,313	93,926	97,683
Nurse Manager
Grade 1	1st Year	80,460	83,678	87,025
	2nd Year	82,098	85,382	88,797
Grade 2	1st Year	83,727	87,076	90,559
	2nd Year	85,385	88,800	92,352
Grade 3	1st Year	88,661	92,207	95,895
	2nd Year	90,313	93,926	97,683
Grade 4	1st Year	93,594	97,338	101,232
	2nd Year	95,235	99,044	103,006
Grade 5	1st Year	98,504	102,444	106,542
	2nd Year	100,168	104,175	108,342
Grade 6	1st Year	103,450	107,588	111,892
	2nd Year	104,977	109,176	113,543
Grade 7	1st Year	111,652	116,118	120,763
	2nd Year	113,304	117,836	122,549
Grade 8	1st Year	119,861	124,655	129,641
	2nd Year	121,501	126,361	131,415
Nurse Manager After Hours
1st Year		80,460	83,678	87,025
2nd Year		82,098	85,382	88,797
Marsden, Rydalmere, Stockton and Kanangra

 

Principal Nurse Manager Accommodation and Nursing Services
1st Year	111,652	116,118	120,763
2nd Year	113,304	117,836	122,549
Nurse Manager Accommodation and Nursing Services,
Tomaree,  Summer Hill Group Homes, Summer Hill Respite and Liverpool Respite
1st Year	93,594	97,338	101,232
2nd Year	95,235	99,044	103,006
Peat Island, Kanangra, Lachlan, Riverside, Stockton, Rydalmere, Marsden
1st Year	98,504	102,444	106,542
2nd Year	100,168	104,175	108,342

 

Table 2 - Other Rates and Allowances

 

		Allowance (Wage Type)	1st Full	1st Full	1st Full
Item	Clause		Pay After	Pay After	Pay After
No.	No.		1.7.08	1.7.09	1.7.10
			4%	4%	4%
			per shift	per shift	per shift
			$	$	$
1	9(i) &	Registered nurse in charge of unit in absence	25.06	26.07	27.11
	(ii)	of RUNM or in charge Residence of not more
		than 100 resident clients.
2	9 (iv)	Registered nurse designated as the Rover in	25.06	26.07	27.11
		charge of a residence after hours (Lachlan,
		Riverside)
3	9 (iii)	Registered nurse in charge in absence of	37.65	39.15	40.72
		RUNM and in charge of a residence of not
		more than 100 resident clients.
4	9(v)	Registered nurse designated as the Rover in	37.65	39.15	40.72
		charge of a residential centre after hours
		(Peat Island, Kanangra).
5	11(i)	Uniform Allowance	5.02	5.02	5.02
	11 (iii)	Shoe Allowance.	1.55	1.55	1.55
	(a)
	11 (iii)	Stocking Allowance	2.60	2.60	2.60
	(b)
	11 (iii)	Sock Allowance	0.51	0.51	0.51
	(c)
	11 (iv)	Laundry Allowance	4.18	4.18	4.18

 

30.      This variation shall take effect from the first full pay period commencing on or after 1 July 2008.

 

 

 

 

D.W. RITCHIE, Commissioner

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.