Care
Worker Employees - Department of Ageing, DisabiLity and Home Care (State) Award
2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Liquor,
Hospitality and Miscellaneous Union, New South Wales Branch, Industrial
Organisation of Employees.
(No. IRC 332 of 2007)
Before Commissioner
Bishop
|
4 April 2007
|
AWARD
Part A
MACHINERY OF
AGREEMENT
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Application
4. Area,
Incident and Duration
5. Future
Awards
6. Definitions
7. Grievance/Dispute
Settling Procedures
8. Consultation
PART B
EMPLOYMENT
CONDITIONS
9. Contract of Employment
10. Conversion
to Permanent Employment
11. Contract
Hours
12. Hours of
Work
13. Distribution
of Hours
14. Self-Rostering
15. Gradings
and Advancement
16. Higher
Duties/Multi-skilling
17. Motor
Vehicle Insurance
18. Fixed Term
Contracts
19 On Call
20. Client
Cancellation
21. Termination,
Change & Redundancy Provisions
PART C
REMUNERATION
22. Payment of
Wages
23. Time and
Wages
24. Penalty
Rates for Ordinary Time and Weekends
25. Overtime
26. Public
Holidays
27. Additional
Payments and Allowances
28. Payment
for Paperwork
29. Work
Clothes
30. Superannuation
31. Occupational
Health and Safety
32. Workers
Compensation and Make-up Pay
part D
LEAVE PROVISIONS
33. Annual
leave
34. Sick leave
35. Personal
Carers Leave
36. Parental
Leave
37. Other
Leave
PART E
TRAINING
38. Training
Program
39. Regular
Staff Meetings
40. English
Tuition Training
41. Paid Union
Training
PART F
LIVE-IN
HOUSEKEEPER
42. Live-in
Housekeeper
PART G
OTHER
43. Assistance
in Dispute Resolution
44. Time and
Wages Record
45. Anti
-Discrimination
PART H
MONETARY RATES
Table 1 - Salaries
Table 2 - Other rates and Allowances
APPENDICES
Appendix A - Availability Register Form
Appendix B - Higher duties/Multi-skilling Agreement
Appendix C - Fixed Term Contract
Appendix D - Care Worker Self Rostering checklist
Appendix E -Guidelines for initiating changes to client
service
Appendix F - Guidelines for grading care work
2. Title
This Award shall be known as the, Care Worker Employees -
Department of Ageing, Disability and Home Care (State) Award 2006.
3. Application
This Award was negotiated between the Public Employment
Office, the Department of Ageing, Disability and Home Care and the Liquor,
Hospitality and Miscellaneous Unions
4. Area, Incidence
and Duration
This Award shall apply to persons employed in the
classifications contained in Part I, Monetary Rates - Table 1 Salaries
This award is to become operative on or after the first full
pay period commencing 4 April 2007 and will expire on 31 August 2008.
5. Future Awards
The parties agree that they will commence negotiations for
the next Award to achieve improved performance of the Department of Ageing,
Disability and Home Care six (6) months prior to the Agreement expiring.
6. Definitions
"Award" - means the Care Worker Employees -
Department of Ageing, Disability and Home Care (State) Award 2006.
"Casual employee" - means an employee engaged by
the hour and paid as such and who works less than 20 hours per fortnight. Where
a casual employee works above 20 hours per fortnight it is to be for temporary
and relief purposes only.
"Competency Assessor" - An employee called upon by
the employer to undertake the role of a Workplace Competency Assessor and any
other role associated with the Care Workers Professional Development Program.
"Domestic Assistance Duties" - refers to
assistance with domestic chores, including assistance with cleaning,
dishwashing, clothes washing and ironing, shopping and bill paying and meal
preparation where this is one component of the overall occasion of service.
"Employer" - means the Department of Ageing,
Disability and Home Care Home Care Service.
"Employee" - means a person employed by the Home
Care Service Division within the scope of this Award.
"Engagement" - means time on the job with the
client(s), joined by the time taken to travel between clients, meal breaks,
crib breaks and rest periods.
Typically, this will be a series of tasks one after another.
"Family" - includes traditional family
relationships, non traditional relationships and culturally based equivalents.
"Fixed Term Contract" - means an employee who has
been employed specifically for a fixed term of employment.
"Full-time Employee" - means any employee who is
regularly rostered to work between 70-76 hours per fortnight.
"Flexible Permanent Part Time Employee" - means an
employee engaged to perform domestic assistance duties only and subject to
clause 9F of this agreement.
"Overnight Care" - means care to clients overnight
where the employee receives reasonable rest periods during the night.
"Part-time Employee" - means any employee other
than an employee specifically engaged as a flexible permanent part time
employee, who is regularly rostered to
work less than 70 hours per fortnight and 20 hours or more per fortnight.
"Presenter" - means an employee designated by the
Branch to prepare and present Branch based training programs to groups of
employee’s as distinct from one on one "on the job" training.
"Service" - means the Home Care Service of New
South Wales.
"Task" - means the smallest discrete unit of an
engagement. Examples of tasks may
include; an incident of travel time, a specific client service, or a meal
break. A client receiving 2 hours of
service, 1 hour of housework and 1 hour of personal care, as 2 tasks - one for
each service type.
"Union" - means the Australian Liquor, Hospitality
and Miscellaneous Workers Union. (LHMU).
7. Grievance/Dispute
Settling Procedures
i. All
grievances and disputes relating to the provisions of this award shall
initially be dealt with as close to the source as possible, with graduate steps
for further attempts at resolution at higher levels of authority within the
Department of Ageing, Disability and Home Care , if required.
ii. An employee
is required to notify in writing their immediate supervisor, as to the
substance of the grievance, dispute or difficulty, request a meeting to discuss
the matter, and if possible, state the remedy sought.
iii. Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act, 1977) that makes it impractical for the employee to
advise their immediate supervisor, the notification may occur to the next
appropriate level of management, including where required, to the Director
General, Department of Ageing, Disability and Home Care or delegate.
iv. The immediate
supervisor, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
v. If the matter
remains unresolved with the immediate supervisor, the employee may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. This sequence of reference to successive levels of management
may be pursued by the staff member until the matter is referred to the Area or
Regional Manager.
vi. The Area or
Regional Manager may refer the matter to the Regional Director for
consideration.
vii. If the matter
remains unresolved, the Area or Regional Manager shall provide a written
response to the employee and any other party involved in the grievance, dispute
or difficulty, concerning action to be taken, or the reason for not taking
action, in relation to the matter.
viii. An employee,
at any stage, may request to be represented by their union.
ix. Not
withstanding the above, either party may refer the matter to the New South Wales Industrial Relations
Commission if the matter is unresolved following the use of these procedures.
The decision of the New South Wales
Industrial Relations Commission must be accepted by the parties, subject to any
appeal availability.
x. Whilst the
procedures outlined in the subclauses (i) to (ix) of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
employee or member of the public.
8. Consultation
If, during the course of this Award, the employer requires employees covered by this Award to undertake tasks outside the
parameters normally and reasonably prescribed by the Department of Ageing,
Disability and Home Care, the parties shall meet to negotiate appropriate rates
of pay and conditions. Whilst those negotiations proceed, on a without
prejudice basis, employees will be paid for such tasks at Higher Duties - Care
Worker Grade 4 pursuant to clause 16 of this agreement.
PART B
EMPLOYMENT
CONDITIONS
9. Contract of
Employment
A. Employment
Conditions
i. An employee
may be engaged as a full-time, part-time, flexible permanent part time, casual
or fixed term contract employee. An employee shall be notified in writing at
the point of hire of their employment status, grade/classification and level of
contract hours.
ii. Employees
other than casuals shall be rostered for 2 weekly periods and their employment
shall be terminated by 2 weeks notice on either side to be given at any time
during the week or by the payment or forfeiture, as the case may be, of the
difference between the notice given and 2 week’s wages in lieu thereof.
iii. Notwithstanding
the provisions of this clause the employer or its representative shall have the
right to terminate an employee at any time for refusal of duty, malingering,
inefficiency, neglect of duty or misconduct and shall be liable only for payment
up to the time of dismissal.
iv. On the
termination of employment the employer shall, at the request of the employee,
give to such employee a statement signed by the employer stating the period of
employment, the class of work employed upon and when the employment terminated.
v. Where due
notice of termination of employment has been given, all monies which are due
shall be paid to the employee concerned no later than three (3) working days
following date of termination. Monies
shall be paid into the former employees wages account.
B. Full-time
employment
i. A full-time
employee shall be an employee who is employed to work a minimum of 70 hours per
fortnight and a maximum of 76 hours per fortnight.
ii. Full-time
employees shall be entitled to Annual Leave, Long Service Leave, Public
Holidays, Sick Leave and like conditions of this Award on a full time basis of 76 hours per fortnight.
C. Part-time
employment
i. A part-time
employee shall receive the appropriate hourly rate of pay prescribed in Part H.
Monetary Rates - Table 1 Salaries, of this Award, calculated to the nearest
whole cent, any amount less than a half cent in the result to be disregarded.
ii. Part-time
employees shall be entitled to Annual Leave,
Long Service Leave, Public Holidays and like conditions of this Award on a pro-rata basis. Sick Leave shall
be based on the upper level of contract hours as per Clause 34 - Sick Leave, of
this award.
iii. Part-time
employees shall be offered all additional hours of work, in accordance with
Clause 13 - Distribution of Hours, wherever practicable to do so before new
employees are employed so that part-time employees may obtain increased regular
hours (and where practicable to create full-time positions as per Clause 9 -
Contract of Employment), of this Award
.
D. Uncontracted
employees
Contract hours shall not apply to permanent employees
who were employed before the 1992 Award became operative and whose ordinary
hours are less than 20 hours per fortnight.
Such employees shall remain as part-time employees. Employees who are not covered by contract
hours shall be offered additional work, wherever practicable, in order to
increase their working hours to such a degree that they shall be covered by contract
hours.
E. Casual
employment
i. Employees
who work less than 20 hours per fortnight shall be employed as casuals and
therefore shall not receive contract hours.
ii. A casual
employee is employed and paid by the hour and shall receive the hourly rate of
pay prescribed in Part H. Monetary Rates - Table 1 Salaries , of this Award, plus a casual loading of 20% of the
appropriate hourly rate of pay for all duty performed. This amount shall be the
ordinary rate of pay for casual employees and is inclusive of compensation for
Annual Leave, Sick Leave and Public Holidays. The ordinary hourly rate for
casuals shall attract the appropriate loadings or penalties as outlined in
this Award.
iii. The hourly
rate of pay prescribed in paragraph (ii) hereof shall be calculated to the
nearest whole cent, any amount less than a half cent in the result to be
disregarded.
iv. Casual
employees shall receive a minimum payment of one (1) hour for each engagement
subject to the provisions outlined in Clause 12 - Hours of Work, of this Award.
v. The employment
of a casual employee may be terminated by one hour's notice.
F. Flexible Hours
Permanent Part Time Employees:
Flexible hours permanent part time employees
(hereinafter referred to as "Grade 1") may be employed subject to the
following provisions:
1. On
commencement of employment the employer shall advise the employee that the
employment will be as a Grade 1 employee, and the base number of hours to be
worked, being no less than 20 nor more than 30 per fortnight.
2. Thereafter
the base hours may be altered by the employer within a range being 10
additional or 10 less hours per fortnight, after 14 days notice to the employee
or less by mutual agreement.
3. Grade 1
employees shall work on weekdays only and will not be required to work on
public holidays.
4. Grade 1
employees shall perform domestic assistance duties as defined only and may only
perform Grade 2 duties for training purposes as part of a recruitment process
for no more than one month, and only where the affected employee has requested
such training in writing. Whilst training, the provisions of clause 16 vii
apply to flexible permanent part time employees taking principle responsibility
for delivery of a service. Any Grade 2 work performed in other circumstances
will result in the employee being regarded as Grade 2 for all purposes, shall
cease to be a flexible permanent part time employee and shall be converted to
Grade 2 status on contract hours nearest to the base hours previously held.
5. If Grade 2 or
3 employees within a branch suffer a reduction in hours due to loss of planned
work, the employer shall, subject to sub clause 2 of this clause, adjust the
hours of any Grade 1 employees within that branch to make available additional
hours for Grade 2 or 3 employees.
6. A Branch
shall not employ more than one Grade 1 employee for each 4 permanent employees
engaged at Grade 2 or higher within the scope of this Award.
7. Grade 1
employees are not subject to clauses 13, 16, (excepting 16 vii), 16(ii) and
16D.
G. Probationary
Period
The employment of permanent employees without previous
service employed subsequent to certification of this Award shall be subject to a probationary period of up to three
months. During the first four weeks of
employment such employees may be terminated with one day’s notice. Provided
that the employer and employee may agree in writing to reduce or exclude
altogether the probationary period.
No probationary period shall apply to employees
transferring from one grade to another, save for the balance of any probationary
period arising from the initial engagement and which remains in force at the
time of transfer between grades.
The probationary period is subject to the procedures
contained in PART C, 10 "Probationary requirements for new employees"
of the Home Care Service Personnel Policies and Procedures.
10. Conversion to
Permanent Employment
1. This clause
only applies to a regular casual employee:
(i) A
"regular casual employee" means a casual employee who is employed by
the Department of Ageing, Disability and Home Care on a regular and systematic
basis for several periods of employment or on a regular and systematic basis
for an ongoing period of employment during a period of at least six (6) months.
2. A regular
casual employee who has been engaged by the Department of Ageing, Disability
and Home Care for at least six (6) months, may elect (subject to the provisions
of this clause) to have his or her contract of employment converted to
permanent employment.
(i) The employee
will be converted to a contract band in accordance with clause 13 of this
Award.
(ii) The
appropriate contract band will be determined by taking an average of the hours
worked by the employee over the preceding six (6) months less 15% and
employment will be offered within the corresponding band e.g. a casual employee
averages 42 hours over twelve months, less 15% equals average of 35.7
hours. Therefore the employee must be
offered a 30-hour contract.
(iii) Nothing in
this clause prevents the Department of Ageing, Disability and Home Care from
offering a contract at a higher level than that arrived at by following the
process specified in sub-clause 14(10)(ii).
(iv) Nothing in
this clause requires the Department of Ageing, Disability and Home Care to
offer permanent employment to an employee who, after following the process
specified in sub-clause 14(10)(ii), averages less than 20 hours a fortnight.
3. Where a
regular casual employee seeks to convert to permanent employment, the
Department of Ageing, Disability and Home Care may consent to or refuse the
election, but only on reasonable grounds. In considering a request, the Home
Care Service may have regard to any of the following factors:
(i) Initial
employment through some form of merit selection
(ii) the size and
needs of the Branch in which the employee works;
(iii) the nature of
the work the employee has been doing;
(iv) the
qualifications, skills, and training of the employee;
(v) the employee's
personal circumstances, including any family responsibilities;
(vi) ongoing
availability of work
(vii) satisfactory
performance and conduct record
(viii) any other
relevant matter.
4. Where it is
agreed that a regular casual employee will have his or her employment converted
to permanent employment as provided for in this clause, the Department of
Ageing, Disability and Home Care and the employee must discuss and agree upon
to which contract band the employee will convert. Consistent with the process
outlined at 14(10)(ii), 14(10)(iii).
5. The date from
which the conversion will take effect is the commencement of the next pay cycle
following such agreement being reached unless otherwise agreed.
6. An employee
must not be engaged and/or re-engaged (which includes a refusal to re-engage)
to avoid any obligation under this Award. Unless at the employees request or as
a result of their individual circumstances
7. Nothing in
this clause obliges a regular casual employee to request conversion to
permanent employment, nor permits the Department of Ageing, Disability and Home
Care to require a casual employee to so convert.
8. Nothing in
this clause requires the Department of Ageing, Disability and Home Care to
convert the employment of a regular casual employee to permanent employment if
the employee has not worked for six (6)
months or more for the Department of Ageing, Disability and Home Care.
9. Nothing in
the clause requires the Department of Ageing, Disability and Home Care to
increase the hours of a regular casual employee seeking conversion to permanent
employment. The allocation of work must be in accordance with Clause 15 of this
Award- Distribution of Hours.
10. Any dispute
about a refusal of an application to convert a contract of employment or about
the matters referred to in sub-paragraph 10(3) must be dealt with in accordance
with the provisions of clause 7 - Grievance/Dispute Settling Procedure.
11. Contract Hours
(i) Contract
Bands
Employees, other than casuals and Grade 1 employees,
shall be given contract hours on a fortnightly basis.
The following table sets out the levels of contract
hours:
Column 1
|
Column 2
|
Contract hours
|
Actual hours worked
|
20
|
20 - 29
|
30
|
30 - 39
|
40
|
40 - 49
|
50
|
50 - 59
|
60
|
60 - 69
|
70
|
70 - 76 (Full time)
|
Contract hours, as specified in column 1, shall be based on
the Monday to Friday hours of work for Monday to Friday employees and Saturday
to Friday hours for Saturday to Friday employees.
Contract hours specify the minimum hours the employee must
work and the minimum payments that an employee shall receive.
An employee on contract hours, as specified in Column 1,
must accept work up to and including the corresponding range of hours in Column
2 where this request is reasonable and within the employee’s agreed
availability. An employee may accept
additional hours above the corresponding range by the agreement of both
parties.
Employees who are unable to be offered at least their
contract hours in work shall be paid the difference between the work that has
been offered and their minimum level of contract hours.
Employees may progress from one level of contract hours to
another on the basis of 12 monthly reviews, with the following hours required
to have been worked on average per fortnight over the preceding 12 months to
move onto that contract band. This
review will occur every year in August.
No employee shall suffer a reduction in contract except in accordance
with Clause 21 - Termination, Change and Redundancy.
Contract Band
|
Averaged fortnightly hours
|
|
over preceding 12 Months
|
30
|
36
|
40
|
48
|
50
|
59
|
60
|
71
|
70
|
74
|
(ii) Contract
Reviews - Monday to Friday employees
(a) Employees may
progress from one level of contract hours to a higher level of contract hours
on the basis of 12 monthly reviews of all Monday to Friday hours of work with
the hours required to work to progress to the relevant band detailed in Clause
7A. Employees shall be consulted prior.
(b) Existing
employees who have chosen to remain Monday to Friday employees shall not be
required to work on weekends unless agreed to by the employee.
(c) If a Monday to
Friday Employee can only be offered an increase in contract based on their
weekend work then they will have the option to remain on their existing
contract or to increase their contract hours and agree to a Saturday-Friday
contract.
(iii) Contract Reviews
- Saturday to Friday Employees
(a) Employees may
progress from one level of contract hours to a higher level of contract hours
on the basis of 12 monthly reviews of all Saturday to Friday hours of work with
the hours required to work to progress to the relevant band detailed in Clause
13A. Employees shall be consulted prior
to any changes to their contract hours and shall be notified in writing of any
change to their contract hours.
(b) Existing Grade
2 staff who currently work Monday to Friday and are offered a Grade 3 promotion
will be required to accept the position on the basis that the position will
require them to be available for weekend work.
(c) All
promotional positions will be filled as per Clause 15 - Gradings and
Advancements of this Agreement.
(iv) Reduction of
Contract Hours
An employee may request a reduction in contract
level. The branch will only comply with
this request after receiving such request from the employee in writing.
12. Hours of Work
A. Ordinary Hours
i. The ordinary
hours of work shall be up to and including 76 hours per fortnight Saturday to
Friday. All hours worked on weekends
and outside 6.00 am to 6.30 pm Monday to Friday shall attract the appropriate
penalties as per Clause 24 - Penalty Rates, of this Agreement.
ii. Subject to
Clause 25 - Penalty Rates, of this Agreement the ordinary hours of work
exclusive of meal times shall not exceed 8 hours per day or 76 hours per
fortnight, Saturday to Friday.
B. Minimum Start
Employees (including casuals) shall receive a minimum
payment of two (2) hours for each engagement. Provided that in the case of
Personal Care services, Respite Care services to Personal Care clients (and
service where there is a genuine inability to roster for two (2) hour minimum
start) the minimum start shall be one (1) hour.
C. Breaks between
shifts
Employees shall be rostered in such a way that they
receive at least 8 consecutive hours
break within any 24 hour period. Should an employee not receive such a break
then the employee shall receive overtime rates for all time actually worked
during subsequent work days until such time as an 8 hour break is received.
This clause shall operate subject to availability nomination as per sub-clause
L of this clause
D. Travel Time
All travel time between clients during an engagement
shall be regarded as time worked for all purposes of the Award.
E. Rest Period
Rest periods shall be allowed where necessary in
accordance with current practice. The
intervals shall not exceed ten (10) minutes and shall be part of the time
worked without deduction in pay.
F. Meal Break
i. A meal break
of not less than thirty (30) minutes or more than sixty (60) minutes shall be
allowed for employees who work continuously for five (5) or more hours during
their ordinary hours of work.
ii. No employee
shall be required to work more than five (5) hours continuously without a meal
break (or a crib break) after commencing their daily work.
iii. Where the
nature of the work does not allow for the taking of a meal break a paid twenty
(20) minute crib break shall be taken.
G. Notification
of hours
As far as possible the employer shall fix the time of
duty in a flexible way to meet the needs of the client and the employee.
H. Rosters
All employees
shall receive a roster setting out the following fortnights work, where
appropriate. Such rosters shall be
based upon agreed availabilities between the employee and the Branch.
I. Client
Details
Employees must receive appropriate instruction or
training before attending a new client, or being required to deliver a new
service or skill.
In addition, employees shall be provided with relevant
client details in writing to enable them to undertake the duties as directed
(including relief clients).
Where written procedures are unable to be provided due
to short notice, verbal instructions are acceptable but must be confirmed in
writing.
J. Days off per
fortnight
All employees shall be rostered in such a way that they
receive at least one (1) day off per week. If there is agreement between the
employee and the Branch this may be taken as two (2) days off per fortnight.
K. Availability
for fortnightly roster
Employee’s are not on call, unless as designated so by
the Branch in accordance with the on call provisions contained in Clause 19 -
On Call, of this Agreement.
Availability must be agreed between the employee and
their supervisor in a fair and reasonable manner with the needs of both parties
being considered. The agreed
availability is then recorded in an availability register (See Appendix A).
L. Availability
Conditions
Employees shall make themselves available in accordance
with the following table. That is they must select the minimum number of
availability time/periods in accordance with the employee’s current contract
level. Employees, increasing in contract level or new employees engaged on a
contract of 30 hours per fortnight or more must be available for work on a
Saturday to Friday basis in accordance with the table below. Provided that the
entitlement of existing permanent employees employed as at the date of
certification of this Award to increase
contract bands without being required to nominate availability during a weekend
period will not be affected in those circumstances where a contract may have
been increased under the LHMU and Home Care Service of NSW (Field Staff)
Enterprise Agreement 1999.
Note: A maximum of two (2) six hour time periods can be
utilised for each 24 hour period.
Employees retain the option within their availability
of whether they receive an 8 consecutive hour break or a 10 consecutive hour
break within any 24 hour period.
Contract
|
Minimum number of
|
Weekend
Availability for Saturday -
|
Level
|
Availability Time
Periods
|
Friday employee’s
|
20
|
8 x 6hrs
|
Nil
|
30
|
10 x 6hrs
|
1 in 4
|
40
|
12 x 6hrs
|
1 in 4
|
50
|
14 x 6hrs
|
2 in 4
|
60
|
16 x 6hrs
|
2 in 4
|
70-76
|
18 x 6hrs
|
2 in 4
|
Availability must be agreed between the employee and the
employer prior to the availability being accepted and activated.
Availability, once agreed, will remain in place for a period
of 3 months and may only be altered during this period in extra-ordinary
circumstances. Following the expiry of the three month period either party may
initiate discussion on changes to the agreed availability and nominated break
between shifts.
The employer shall not require an employee to work ordinary
hours outside their agreed availability.
In the event of a dispute between an employee and the
employer regarding availability, clause 7 - Grievance/Dispute Settling
Procedures of this Award shall apply.
M. Refusing Work
Employees will only be able to refuse work where
either:
*
|
it is outside their agreed
availability
|
*
|
they are rostered beyond
their maximum contract range
|
*
|
fair and reasonable notice
has not been given
|
*
|
there are extenuating
circumstances
|
13. Distribution of
Hours
Home Care will distribute hours of work to Care Worker teams
established in geographically based areas within the Branch. Each team will
consist of a number of Care Workers of different grades and contract levels
which most effectively meet the client work load.
For the purposes of this clause "geographically based
teams" shall mean the area within which the clients of a particular team
are located.
The team will include a Service Co-ordinator who will be responsible
for:
Overseeing allocation of work to Care Workers in the team
Advising team members of all work to be carried out
within the team area, including work arising as a consequence of planned leave
Ensuring all Care Worker contracts are met
Advising team members the grade applicable to each
service being provided
Supervising the team
Recruitment into the team to meet team needs
Ensuring all team processes are carried out
Making telephone calls associated with alterations to
services not communicated in the client’s home
Ensuring rostering within the team is cost effective
and as efficient as possible
All members of a team shall recognise the right of all team
members to an equitable distribution of work in accordance with agreed skills,
contract levels and availability. Team members will act constructively,
exercise tolerance and acknowledge the views of other team members, and utilise
the Care Worker Self Rostering Checklist when seeking additional work or
changes to existing work.
Where work is distributed in a team meeting the team is to
distribute work to permanent employees (within the Team) in the following
priority:
i. to those who
have fallen below contact hours
ii. to those who
have lost clients recently for reasons such as death, hospitalisation or
through legitimate clients self determination
iii. to those who
have notified the branch that they want more work, the work is available and is
within their agreed availability
The team must consider the following issues in determining
the distribution of work:
i. Identify
those staff who possess the necessary skills as determined by the Service
Co-ordinator in consultation with the team;
ii. All
Occupational Health and Safety implications of the service to be provided have
been considered;
iii. The cost
effectiveness of providing the service has been considered
iv. The client’s
choice of employee has been considered and where that preference is for a
legitimate reason. Any dispute as what
constitutes a legitimate reason shall be dealt with pursuant to clause11
Grievance/dispute settling procedure.
Where additional or relief work becomes available and
sufficient notice of the availability of this work has been provided to the
Service Co-ordinator and this work is not distributed in a team meeting, one or
more the following distribution methods may be considered:
Relief rosters are displayed on a care Worker notice
board for 2 weeks, one month prior to the commencement of the work;
Relief rosters are placed in a folder which is readily
accessible to care Workers;
Copies of the work being offered is sent out to
individual care Workers who are unable to access the office;
Where alternative "drop-in centres" are
available to care Workers, a copy of the available work is placed in a folder
at that location accessible to all staff.
Or other acceptable arrangement as agreed by the team.
Any such method shall be advised to the union on request
Permanent employees within the team shall have first
opportunity to perform any additional work before casuals and contractors,
subject to availability, appropriate training and the work being performed at
ordinary time rates of pay. If work is allocated to a casual employee in the
first instance, it must then be advertised at the first opportunity to
permanent employees within the team where the work exists. Where the appropriate team cannot do the
work, neighbouring teams will be offered the work, where cost effective, prior
to the work being offered to other providers.
Note: Any work unable to be undertaken by the team remains
the responsibility of the Service Coordinator for rostering purposes.
14. Self Rostering
1. Self
Rostering is the practice of providing opportunity for Care Workers to
re-roster services to better suit the changing requirements of either their
clients or themselves.
2. Self
Rostering is only to be undertaken by a Care Worker in such a way that the
Department of Ageing, Disability and Home Care
incurs no additional costs in relation to payment of hours, overtime and
penalties for time worked arising from changes to the original roster.
For the purposes of the above, additional cost shall
not be taken to include the travel allowance as provided for in this
Award.
3. When a Care
Worker or client wishes to change the date and/or time of service, then both
the Care Worker and client may negotiate the change between themselves to reach
a desired solution that is agreeable to both parties (see Appendix E Guidelines
to use when Initiating Changes to Client Service).
4. Self
Rostering is not to be utilised in substitution for normal leave provisions
i.e.: sick and/or annual leave.
5. One Off Short
Term Changes:
Care Workers are authorised to make one-off short term
changes to their roster without notifying their service co-ordinator or the
branch provided there are no award implications (see Appendix D, Care Worker
Self Rostering Checklist) or increased costs associated with the change.
6. Changes made
to rosters are to be recorded on either the back or front of the Care Worker
timesheet for the fortnight in which the change occurred. Full details
including client’s name, number, day/date and time the service was provided and
any kilometres incurred must be recorded.
7. Where either
the client or Care Worker wishes to change the date and/or the time of a
rostered service, and agreement cannot
be reached between the parties, the service co-ordinator must be contacted to
arrange a satisfactory alternative solution.
8. Permanent
Changes:
If either the care Worker or the client wish to make a
permanent change to a client’s date and/or time of service they may negotiate
this however, permanent changes must be discussed with, and agreed to, by the
Service Co-ordinator prior to final confirmation of the change with the client.
15. Gradings and
Advancements
Upon being employed by the Department of Ageing, Disability
and Home Care employees shall be graded and/or advanced into one of the
following grades based on the Guidelines as per Appendix F.
A Care Worker
Grade 1
Employees engaged at this level shall be employed as
Grade 1 employees only as provided in clause
9F and shall be required to perform domestic assistance duties only
except in a training capacity as provided for by the said clause 9F.
B Care Worker
Grade 2
An employee at this level shall be able to work without
direct supervision and shall be competent in carrying out simple Personal Care,
Housekeeping and Repetitive Upkeep tasks, where these duties have a slight to
moderate impact on the work/Worker from client behaviours or household
environment. Optional training shall be provided to employees at this level to
equip employees to apply for Grade 3 positions.
C Care Worker
Grade 3
An employee who has completed the training in Grade 2
or who demonstrates they meet the requirements of Grade 2 and have the skills
to complete more complex tasks, may apply for positions at Grade 3.
Positions in this Grade shall be advertised within a
Home Care Branch or geographical area and shall be filled internally. Grade 3
positions shall only be filled externally if the position cannot be filled
internally.
Employees at this level will perform the duties of a
Grade 2 employee and perform complex work where there is a moderate to
pronounced impact on the work/Worker from client behaviours and/or the
household environment. Grade 3 employees will be involved in on the job
training of employees where required.
D Home Aides and
Handypersons
Home Aides are staff who were employed prior to June
1992 and were unable or unwilling to be graded upon implementation of the 1992
Field Staff Award. Home Aides are not covered by contract hours. Home Aides
cannot be employed after June 1992.
Handypersons are staff who were employed prior to June
1992 as Handypersons and were unable or unwilling to do the full range of
duties required to be graded.
Handypersons who are employed post June 1992 can only
be employed to specifically undertake Handypersons duties only and must be
given contract hours.
Notwithstanding the above, should a dispute arise as to
the nature of work that has been allocated to an employee, the parties in the
first instance shall rely upon Clause 7 - Grievance/Dispute Settling
Procedures, of this Award to resolve the matter.
16. Higher
Duties/Multi-Skilling
A. Purpose
The purpose of this Clause is twofold. Not only will it
enhance the skills of Grade 2 employees by providing the opportunity to
multi-skill, it is also recognised that it will share the load of complex Grade
3 work amongst all employees that will contribute towards safer rostering
practices.
The parties agree that the following is a policy that
will contribute towards the development of long term arrangements to address
issues such as the mix of work and self rostering.
The parties will continue to promote opportunities for
employees who wish to increase their contract hours.
B. Multi-skilling
i. Grade 2
employees may perform Grade 3 work where the Grade 3 work does not exceed 50%
of the Grade 2 employee’s minimum level of contract hours.
Permanent minimum
level of contract hours
|
50% of Contract
Hours
|
20
|
10
|
30
|
15
|
40
|
20
|
50
|
25
|
60
|
30
|
70
|
35
|
ii. Grade 2
employees who undertake more than 50% of their minimum level of contract hours
performing Grade 3 work in the fortnightly period shall be paid at the Grade 3
rate for all hours worked in the fortnightly pay period except where:
(a) in an
emergency an employee may only exceed the 50% limit by up to 2 hours per pay
period, provided that this 2 hours is not incurred in the one task.
iii. Higher
duties work will only be performed where the employee has the skills to perform
the duties.
iv. Grade 2
employees retain the option to accept or reject Grade 3 work.
v. Where Grade 3
hours are worked by Grade 2 employees, the Grade 3 work will be included for
the purposes of reviewing contract hours.
a) Should the
employee choose to no longer perform permanent Grade 3 work, Home Care will
review the contract level to determine if it can be maintained with only Grade
2 work.
b) Where the
contract cannot be maintained, the contract will return to the original
contract level.
vi. A request by a
Grade 2 employee to perform Grade 3 work will only be considered in writing
from the employee to the employer.
Refer Appendix B - Higher
Duties/Multi-skilling Agreement, of this Award.
vii. A Care Worker
Grade 1 training in a higher grade pursuant to the provisions of clause 9F 4 of
this Award shall be paid at the higher hourly rate where that employee is
required to be principally responsible for the delivery of a service.
viii. If a Grade 1
employee who is training is principally responsible for work at a higher level
for in excess of 50% of his or her ordinary hours during a pay period, he or
she shall be paid for all work performed during the pay period at the higher
rate of pay.
C. Travel time
i. Where an
employee is performing work which is paid at a higher rate, they shall be paid
the time taken to travel to the job and from the job at their classification
rate.
ii. Where the
higher duties jobs are linked together by the time taken to travel between
clients then the time taken to travel between the clients shall be paid at the
higher rate of pay.
iii. It is not
intended to roster employees with gaps between clients to avoid payment under
ii. above.
D. Higher duties
Subject to subclause B(vii) of this clause, an employee
called upon by the employer to perform work of a grade paid at a higher rate
shall be paid at the higher rate for the actual time spent performing the
duties. Higher duties work will only be performed where the employee has
sufficient skills to perform the duties.
(i) Payment for
Leave whilst performing higher duties
(1) Where an
employee proceeds on leave; and
(a) the employee
is employed in a Grade 2 position; and
(b) the employee
is currently called upon to perform higher duties as a Grade 3; and
(c) has been
called upon to perform higher duties for a continuous period of twelve months
or more in a Grade 3 position;
the employee will be paid leave at the Grade 3 higher
duty rate.
(2) Continuous
service prior to the making of this Award will be taken into account in
calculating leave
(ii) Higher duties
- Administrative tasks
An employee called upon to act in positions within the
Department of Ageing, Disability and Home Care, other than those under this
Award, shall be paid the appropriate
hourly rate applicable to that position. Where such rates are lower than the
employee’s ordinary rate of pay, the ordinary rate of pay will be paid.
(iii) Care Worker
Grade 4
An employee at this level may perform one or more of
the following tasks:
(a) Presenter,
preparing and presenting training programs to groups of employee’s.
(b) Workplace
Competency Assessor , undertaking the tasks required of the Care Workers’
Professional Development Program.
E. Promotion to
Grade 3 positions
i. Grade 2
employees who are performing regular Grade 3 work shall be deemed competent to
undertake such work on a permanent basis and such experience will be taken into
consideration in the selection of Grade 3 positions.
ii. Where the
contract hours of the vacant Grade 3 position is less than those currently
worked by the Grade 2 applicant, the Grade 3 contract hours being offered by
the Branch will be increased upon request from the employee by a maximum of (1)
one contract level only.
17. Motor Vehicle
Insurance
All employees (including casuals) will be required to obtain
and provide proof of third party property motor vehicle insurance as a
condition of their employment.
Third party property motor vehicle insurance will be checked
annually, at the same time vehicle registration and drivers' licences are
checked.
Employee’s have a duty to notify Home Care if they are
unable to maintain their motor vehicle insurance, vehicle registration or
driver’s licence, during the course of their employment.
18. Fixed Term
Contracts
The purpose of implementing an additional classification for
employee’s to be employed on a fixed term contract basis has been established
for limited use in the following specific circumstances.
Short term non-recurrent funded services;
Genuine situations of isolation where no other staff
are available to provide services;
Relief situations where existing care Workers cannot
carry out the work, i.e.: maternity leave
An employee can only be employed on a fixed term contract
basis where it is consistent with the above circumstances.
The parties shall monitor the use of fixed term contracts
every six months to ensure usage remains consistent with the above criteria.
All fixed term contracts must operate for a minimum of six
(6) months and a maximum of twelve (12) months. Provided that, in special
circumstances, with the agreement of the union, a fixed term contract can operate
for 3 months.
Fixed term contract employees will only be employed where
the agreed contract as outlined in Appendix C - Offer of Fixed Term Contract
has been adhered to.
Branches shall notify the head office of the union in
writing of an intention to enter into a fixed term contract a minimum of 4
weeks prior to the commencement of such contract. Provided that less than four
weeks notification may be given in circumstances where the requirement for a
fixed term contract becomes known to a branch at shorter notice, in which
instance the branch will notify the union as soon as possible after it becomes
aware of such requirement. The union may contact the Branch concerned directly
in relation to such fixed term contract. Any disputes as to the existence
and/or operation of such contract shall be dealt with pursuant to the
provisions of Clause 7 Grievance procedure of this Award.
19. On Call
Employees who agree to be on call shall be paid 15% of the
Grade 3 ordinary hourly rate whilst on call.
Payment for time actually worked shall attract the appropriate loadings
specified in Clause 24 - Penalty Rates, 25 - Overtime, or 26 - Public Holidays,
of this Award. The on call arrangements
operate outside normal office hours and weekends when the Branch office is
closed. No employee will be required to
be on call to perform grade 4 duties.
20. Client
Cancellation
i. Where an
employee is given notice before 5pm the day before the rostered service was to
take place that a client shall not be requiring service then no payment shall
be made to the employee, except as provided for in Clause 26 - Public Holidays,
of this Award.
ii. Where an
employee is given notice after 5pm the day before the rostered service or where
an employee arrives at the client’s home and the client is not there:
(a) The Branch
will, as soon as possible following receipt of advice of a cancelled shift,
follow the protocol steps set out below to ensure every opportunity to replace
work lost through cancellations is taken to replace that cancelled work with
another job of the same or greater duration.
Step 1 - The Branch will examine all non-allocated
work, including work to be or being performed by contractors within a team and
neighbouring teams to identify any work which might be utilised as a
replacement for cancelled work.
Step 2 - The Branch will examine all work being
performed by casual employees within a team and neighbouring teams to identify
any work which might be utilised as a replacement for cancelled work.
Step 3 - The Branch will examine all work being
performed as overtime within a team and neighbouring teams to identify any work
which might be utilised as a replacement for cancelled work.
Step 4 - The Branch shall, in identifying work as set
out in steps 1, 2 and 3, recognise temporarily amended availability in respect
to an affected employee who has advised availability outside the nominal
availability previously advised in accordance with clause 12 of this agreement
for the purpose of obtaining work to replace cancelled shifts.
Step 5 - The Branch shall offer any work identified
within steps 1, 2 and 3 to an affected employee.
Work within neighbouring teams need not be examined
where it is impracticable to offer that work to the affected employee due to
inordinate travel requirements.
(b) Where the
Branch is unable to find replacement work
during the same pay period then the employee shall be paid for the
cancelled task up to a maximum of 1 hour.
(c) Where an
employee fails to notify the Branch of a client cancellation or where an
employee refuses appropriate replacement work, the employee will not be paid
for the cancelled task.
iii. Additional
work which had been advised to an employee prior to a cancellation shall not in
any circumstances be regarded as a replacement for work subsequently cancelled.
21. Termination
Change and Redundancy Provisions
A. Introduction of
Change
(a) Employer's
duty to notify
i. Where an
employer has made a definite decision to introduce major changes in program,
organisation, structure or technology that are likely to have significant
effects on employees, the employer shall notify the employees who may be
affected by proposed changes and the Union.
ii. "Significant
effects" include termination of employment, major 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 or job tenure; the alteration of hours of work; the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs, provided that where the Agreement makes provision for
alteration of any of the matters referred to herein an alteration shall be
deemed not to have significant effect.
(b) Employer's
duty to discuss change
i. The employer
shall discuss with the employees affected and the Union, the introduction of
the changes referred to in paragraph A a) hereof, the effects the changes are
likely to have on employees, measures to avert or mitigate the adverse effects
of such changes on employees and shall give prompt consideration to matters
raised by the employees and/or the union in relation to the changes.
ii. The
discussions shall commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in paragraph A a)
hereof.
iii. For the
purposes of such discussion, the employer shall provide in writing to the
employees concerned and the Union all relevant information about the changes
including the nature of the changes proposed; the expected effects of the
changes on employees and any other matters likely to affect employees
provided that any employer shall not be
required to disclose confidential information the disclosure of which would be
inimical to the employer's interests.
B. Inability to
meet contract hours
(a) Where a Branch
cannot maintain Care Worker’s contract hours the following process will apply:
i. identify any
hours which may be available through staff turnover, prior to employment of new
staff;
ii. review and
distribute where appropriate to the contracted employee’s work hours currently being undertaken by
casuals;
iii. hours should
be distributed where appropriate from other staff who have work over and above
their existing contract levels;
iv. investigate
the option of suitable transfers to other locations;
v. affected staff
should be given priority where appropriate for any additional hours available
through new referrals.
(b) A decision
will need to be made as to whether to pursue a reduction in contract hours
and/or redundancy. At this point the Manager will be required to notify the
Regional/Area Manager and the Union before the following steps are taken:
i. the Branch
will initially consult with employee’s to determine if any employee’s are
prepared to accept a reduction in contract hours;
ii. if no
employee’s are willing to reduce their
contract hours, the Manager will make a recommendation to the Regional/Area
Manager as to which employee’s they have identified for a reduction in contract
hours;
iii. the decision
to reduce contract hours shall be fair and objective taking into consideration
the skills, classification, service and history of work performance of the
affected employee(s);
iv. where a
reduction has occurred, the affected employee(s) will be offered any appropriate available work. If this results in the employee’s hours
increasing to the next level the employee’s original contract level should be
re-instated as a priority;
v. if reductions
in contracts are not deemed a suitable option the Manager will make a
recommendation to the Regional/Area Manager to offer a voluntary redundancy;
vi. if the
necessary reduction is greater than 1 contract level, an offer of voluntary
redundancy will be made.
C. Redundancy and
retrenchment
Discussions before terminations
i. Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to continue, and that decision may lead to
termination of employment, or the employer has made a definite decision not to
maintain the contract hours of an employee the employer shall hold discussions
with the employees directly affected and with the Union.
ii. These
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provisions of subparagraph A a)
i) hereof and shall cover, in addition, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any terminations on the employees concerned.
iii. For the
purposes of the discussion the employer shall, as soon as practicable, provide
in writing to the employees concerned and their Union, all relevant information
about the proposed terminations including the reasons for the proposed terminations,
the number and categories of employees likely to be affected, and the number of
Workers normally employed and the period over which the terminations are likely
to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would be inimical to the
employer's interests.
D. Definition of
Redundancy And Retrenchment
i. "Redundancy"
refers to a position that is identified as surplus to the organisation's
requirements or the employer decides not to maintain an employee's Contract
Hours and the position is abolished. The person holding that position becomes
excess staff. For the purpose of this clause a position refers to the contract
hours given to an employee.
ii. "Retrenchment"
refers to the termination of excess staff.
iii. The
following procedure and/or payments shall be made for retrenched employees
subject to changes from time to time to approved general New South Wales Public
Sector provisions.
(1) Four weeks'
notice or pay in lieu of notice; five weeks notice for those employee’s forty
five (45) years of age or over and who have more than 5 years service. PLUS
(2) Severance pay
at the rate of 3 weeks per year of continuous service to a maximum of 39
weeks. PLUS
(3) The benefit
allowable to the employee as a contributor to the State Authorities
Superannuation Scheme or First State Super.
PLUS
(4) Pro rata
annual leave loading in respect of leave accrued at date of termination.
iv. The voluntary
redundancy package, in addition to the retrenchment package is available to
employee’s who accept the package within fourteen (14) days and the employee
terminates employment within the time nominated by the employer. The voluntary
redundancy package includes:
2 weeks pay for less than 1 years service
4 weeks pay for 1 to 2 years of service
6 weeks pay for 2 to 3 years of service
8 weeks pay for 3 years of service or more
v. Persons exuded
from the provisions of this clause shall be:
i. Employees
engaged on a short term and/or casual basis.
ii. Employees on
Workers' compensation or those awaiting determination of claims against the
employer (on the basis that compensation for the termination may arise from
that source).
iii. Employees
subject to termination on the grounds of misconduct or unsatisfactory service.
PART C
REMUNERATION
22. Payment of Wages
and Payslips
A. All wages shall
be paid fortnightly in the employer's time not later than the close of business
Thursday in each pay week. The pay period shall end at mid-night Friday on the
previous week.
Where wages are not available by close of business on
the Thursday of each pay week the following arrangements will apply:
i. Where an
individual employee's total wages have not been received by close of business
the Thursday of the pay week, the employee will be offered the following
choices:
(a) payment to be
corrected no later than the Friday of the pay week using an "ad hoc"
payment. This means a centrally organised adjustment paid directly into the
employee's nominated account or;
(b) a "cash
advance" for the difference between the total net wages that should have
been paid and that amount paid no later
than Friday of the pay week
ii. Where a
whole Branch of the Service is unable to pay their employees wages, due to
technical problems by close of business on Thursday of the pay week, the
Emergency Pay Procedures will be initiated.
(a) Emergency pay
procedures require the employer to pay employees 100% of their previous
ordinary pay period earnings.
(b) Where employees
are overpaid, the Service will deduct the overpayment from the employees next
pay period(s).
To proceed with b) above, the Service will be required
to notify the employee in writing that an overpayment has occurred, stating the
amount of overpayment and confirm that the overpayment will be deducted in their next fortnight's
pay period(s).
(c) Where
employees are underpaid, under the Emergency Pay Procedures, all monies owed
will be processed through an "ad hoc" payment and made available no later than close of
business on the Friday of the pay period.
The Service will be required to notify the employee in
writing that an underpayment has occurred, the amount of the underpayment, and
confirm that the underpayment will be made available in an "ad hoc"
payment.
iii. Should a
malfunction occur which prohibits the Service being able to pay employee’s across the State their wages by Thursday of
the pay week, the Service will initiate an Emergency Pay Procedure where all
employee’s will receive 100% of their previous fortnight’s ordinary pay period
earnings no later than Thursday of the pay period.
(a) Conditions as
outlined in ii) b), c) will also apply to iii) above.
B. Employees
shall have their wages paid into one account with a bank or other financial
institution in New South Wales that has access to electronic funds transfer.
Wages shall be deposited in sufficient time to ensure that wages are available
for withdrawal by employees by the close of business Thursday in each pay week.
C. The employer
shall supply to each employee a time sheet that shall be written up and signed
by the employee, from day to day in ink, showing the name and address of the
employee and the hours worked by the employee.
D. Before or at
the time of payment of wages each employee shall be issued with a pay slip
showing the date of payment, period covered by such payment, separate
identification of payments at each grade, travel allowance and overtime and
contributions made as superannuation. In addition thereto, the payslip shall
also show accrued entitlements, excluding sick leave, and express those
entitlements in year to date figures.
23. Time and Wages
The following procedure is to be used when rostering tasks
and travel time for employees and will be used when determining payment of
wages.
i. That all
tasks (including travel time) will be rostered in blocks of time to the nearest
five (5) minutes.
ii. Should the
task time and/or travel time increase or decrease then, for the purpose of
payment of wages, the rostered time may need to change.
iii. The
following situations are to be adopted in these instances:
(a) when the
engagement is exceeded by fifteen (15) minutes or more and the Service
Coordinator agrees that the extra time is warranted or has been agreed to, then
the engagement will be paid to the nearest five (5) minutes
(b) when the
engagement is less than the time rostered by fifteen (15) minutes then the
engagement will be paid to the actual time rounded to the nearest 5 minutes
(c) the rounding
up or down will be as follows:
1 or 2 minutes - round down
3 or 4 minutes - round up
(d) if the
engagement does not increase or decrease by more than fifteen (15) minutes
either way the employee will be paid for the actual rostered time
(e) where the
actual time is consistently different after the completion of the service, the
Service Coordinator will be required to re-assess the service situation to
determine if the rostered time should be altered permanently.
24. Penalty Rates for
Ordinary Time and Weekend Work
A. Monday to
Friday
Employee’s who work outside the spread of hours of 6.00
am to 6.30 pm Monday to Friday shall be paid a loading of 25% for the actual
time worked outside the spread of hours.
B. Weekend work
An employee who works during the weekend shall be paid
time and a half for all work performed on Saturday and double time for all work
performed on Sunday.
25. Overtime
A staff member may be directed by the Department to work
overtime, provided it is reasonable for the staff member to be required to do
so. A staff member may refuse to work overtime in circumstances where the
working of such overtime would result in the staff member working unreasonable
hours. In determining what is
unreasonable, the following factors shall be taken into account;
(i) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements;
(ii) any risk to
staff members health and safety;
(iii) the urgency
of the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services;
(iv) the notice (if
any) given by the Department regarding the working of the overtime, and by the
staff member of their intention to refuse overtime; or any other relevant
matter.
A. Rates of pay
For all work directed to be done beyond eight (8) hours
per day or seventy six (76) hours per fortnight the rate of pay shall be time
and a half for the first two (2) hours and double time thereafter, such double
time to continue until the completion of the overtime work. In computing
overtime each day's work shall stand alone.
Return to work after overtime
When overtime work is necessary it shall, wherever
reasonably practicable, be so arranged that employees have at least eight (8)
consecutive hours off duty between the work of successive days.
An employee (other than a casual employee or employee
engaged on Overnight Care) who works so much overtime between the termination
of such employee's ordinary work on one day and the commencement of the
employee's ordinary work on the next day that he or she has not at least eight
(8) consecutive hours off duty between those times shall, subject to this
sub-clause, be released after completion of such overtime until he or she has
had eight (8) consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
If, on the instructions of the employer, such an employee
resumes or continues work without having had such eight (8) consecutive hours
off duty he or she shall be paid at double time until released from duty for
such period and shall then be entitled to be absent until he or she has had
eight (8) consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence.
Provided that an employee may, pursuant to clause 14L
of this Award, elect to substitute a
ten (10) hour break for the eight (8) hour break referred to in this subclause.
An employee electing to substitute a ten hour break may not alter that election
within a three month period following the election, except where there are
extenuating circumstances and the employer agrees to such alteration.
B. Meal break
before Overtime
Where the period of overtime is more than one and a
half (1½) hours an employee before starting overtime after working ordinary
hours shall be allowed a meal break of thirty (30) minutes that shall be paid
for at the appropriate ordinary rate.
An employer and employee may agree to any variation of
this provision to meet the circumstances of the work in hand provided that the
employer shall not be required to make any payment for any time allowed in
excess of thirty (30) minutes.
C. Crib time
An employee working overtime shall be allowed a crib
break of thirty (30) minutes without deduction of pay after each four (4) hours
of overtime worked if the employee continues work after such crib time.
D. Working during
meals
An employee called upon to work during a recognised
meal period as prescribed in Clause 12 - Hours of Work, of this Award, shall be paid overtime rates for all
time so worked and such overtime shall continue to be paid until a meal break
is allowed.
E. Meal money
An employee required to work overtime for more than two
(2) hours without being notified on the previous day or earlier that she or he
will be so required to work shall be paid an allowance for the purchase of a
meal. Provided that the amount paid shall be equal to an amount determined by
the Public Employment Office and published in the NSW Public Service Notices
from time to Time.
26. Public Holidays
A. The days on
which the following holidays are observed shall be holidays under this Award:
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day and any
day which may hereafter be proclaimed a public holiday throughout the State;
and the picnic day of the Union which shall be held on the first Monday in
August each year or another day to be taken which is mutually acceptable to the
employer and employee and must be taken by 31 December each year.
B. Payment for
public holidays
i. Employees
other than casuals shall be entitled to the above holidays without loss of
pay. Where an employee would normally
expect to work on such Public Holiday(s) and the client cancels the service
either in the current or previous pay period where the Public Holiday(s) falls,
then the employee shall be paid for that cancelled task at ordinary time.
ii. Employees
directed to work shall be paid at the rate of double time and one half. Where an employee only works a proportion of
their rostered hours, they shall be paid at double time and one half for those
hours worked and ordinary time for the remaining rostered hours.
iii. For the
purpose of this clause any employee whose ordinary hours of work commence
before and continue past midnight shall be regarded as working on a holiday
only if the greater number of his or her working hours fall on the holiday, in
which case all time worked shall be regarded as holiday work. Provided that if the number of ordinary
hours worked before and past midnight is equal, all ordinary time worked shall
be regarded as time worked on the day on which the work commenced.
C. Where in the
State an additional holiday is proclaimed or gazetted by the authority of the
Commonwealth Government or of the State Government and such proclaimed or
gazetted holiday is to be observed generally by persons throughout the State,
other than by those covered by Federal Agreements, or when such a proclaimed or
gazetted day is, by any required judicial or administrative order, to be so
observed, then such day shall be deemed to be a holiday for the purposes of the
Agreement, for employees covered by this Agreement who are employed in the
State in respect of which the holiday has been proclaimed or ordered as
required.
D. For the
purposes of this Agreement:
i. Where
Christmas Day falls on a Saturday or on a Sunday, the following Monday and
Tuesday shall be observed as Christmas Day and Boxing Day respectively.
ii. Where Boxing
Day falls on a Saturday the following Monday shall be observed as Boxing Day.
iii. Where New
Year's Day falls on a Saturday or on a Sunday, the following Monday shall be
observed as New Year's Day.
iv. Where Anzac
Day falls on a Saturday or on a Sunday the following Monday shall be observed
as Anzac Day and the said Saturday and/or Sunday shall be deemed not to be
holidays.
v. The Union
picnic day shall be the first Monday in August each year or another day to be
taken which is mutually acceptable to the employer and employee and must be
taken by 31 December each year.
vi. By agreement
between an employer and the Union delegates other days will be substituted for
the said days or any of them.
27. Additional
Payments and Allowances
A. Overnight Care
An employee, other than a Live-in Housekeeper, shall be
paid at the rate shown as Overnight Care within clause 9 of this Award for each
overnight care engagement which requires them to stay overnight at a client’s
home for up to a maximum of 12 hours.
Employees who work an engagement of overnight care
shall attract leave entitlements such as annual leave, long service leave,
Worker’s compensation and contract hours at the rate of 4 hours per overnight
care engagement.
The terms and conditions contained in this sub-clause
shall be in substitution for and not cumulative upon the following clauses of
the Award.
Clause Number
|
Subject
|
|
|
12
|
Hours of work
|
27B to G excepting 27Fiv
|
Additional payments and allowances
|
24
|
Penalty rates for ordinary time
|
25
|
Overtime
|
26
|
Public holidays
|
Employee’s Right of Refusal
All employees will have the right to refuse to undertake
overnight care tasks. Additionally employees will be required to register their
availability should they be interested in undertaking overnight care duties.
B Offensive
Cleaning
Employees who clean premises which are in a grossly
offensive condition shall be paid double time for the duration of such work.
Offensive cleaning refers to any one of the following activities:
The cleaning of bed linen severely soiled by faeces or
other bodily fluids;
the cleaning of households severely contaminated by human
or animal excrement;
other cleaning activities assessed by Home Care to be
beyond the normal limits of regular domestic assistance.
In the event of a dispute between an employee and the
employer as to whether a premises is in a grossly offensive condition Clause 7
- Grievance/Dispute Settling Procedures, of this Agreement shall apply.
Notwithstanding anything contained in this sub-clause,
employee’s have the right to refuse to undertake service classified as
offensive cleaning, provided that the reasons are connected with the nature of
the service and does not impact on other services provided such as personal
care.
Offensive cleaning is payable to all grades provided the
criteria set out above is met. Employees are not excluded from payment of offensive
cleaning allowance simply by virtue of being engaged to perform personal care
duties.
C. Inclement
weather
An employee shall not be required to work under
conditions brought about by inclement weather.
D. Travel
allowance
i. Where an
employee is required to use their vehicle on official business in work time he
or she shall be paid at the rate of
66.5 cents per kilometre. This rate will increase at the same relative
percentage rate as increases applying to the Crown Employees (Public Service
Conditions of Employment 2006) Award, an award of the New South Wales
Industrial Relations Commission, or any successor to that award. Except as provided in paragraph (iii) hereof
this payment shall exclude all travel from the employee's home to the first place
of work and from the last place of work.
ii. Following
the 1 July 2005 CPI increase nominated in i. above, the amount of increase to
be paid at and from 1 September 2005 shall be equal to the applicable rate paid
to administrative staff of the Home Care Service of New South Wales.
iii. Where an
employee is required to use public transport for travel on official business
such employee is to be reimbursed actual expenses incurred for such
travel. Except as provided in paragraph
(iii) hereof no reimbursement shall take place from the employee's home to the
first place of work and from the last place of work.
iv. The Travel
allowance shall be paid as per paragraphs (i) and (ii) hereof travel to the
first client and home from the last client of the engagement where the total
hours worked in the day are two hours or less.
v. Where an
employee is rostered at the convenience of the employer with a break between
clients, the employee shall be paid the Travel Allowance for the distance to
travel home and from home to the next client.
vi. No payment
shall be made under this sub-clause unless the employer is satisfied that the
employee has incurred expenditure for such travel.
E. Excess Travel
Payments
There shall be an excess travel payment
1. The excess
travel payment is to be paid as follows:
Where the distance between a Home Care Worker’s
residence and their first engagement, or the Care Worker’s last engagement and
their home, is greater than 20kms, then an excess travel payment shall apply
for the excess kilometres above 20kms.
The excess travel payment is to be paid at the rate of
the kilometre allowance as provided for in this Award.
2. The following
conditions apply in conjunction with this provision:
(a) Excess travel
time shall not be included for the purposes of the calculation of the
following:
(i) work time
(ii) contract
hours
(iii) leave eg:
annual, long service or sick etc.
(b) The excess
travel payment is paid at ordinary rates and penalties do not apply.
(c) Excess travel
shall not be available where travel to and from a first and last engagement
respectively is less than 20kms from the Home Care Branch Office.
3. Travel to the
Branch or office or other location on Home Care business
(a) Staff who are
directed to attend training, supervision, meetings or other Home Care business
and who travel in excess of 20kms either way to the office or other location
from their residence shall be entitled to the excess travel payment.
(b) Payment is not
available under this provision for any leg of travel to and from a client.
4. For the
purpose of this Clause, Excess Travel Payments will not be payable where an
employee relocates their residence subsequent to being employed by the Branch.
F. Equipment and
expenses
i. Where
equipment, materials and tools are supplied by the client, the employer shall
ensure that they are of reasonable quantity, quality and safety standards.
ii. Provided
that where an employee provides his or her own equipment, materials and tools
an allowance shown as tool allowance
shall be paid by the employer. At the commencement of this agreement that
amount was $2.00per hour. This rate will increase at the same relative
percentage rate as increases applying to the Crown Employees (Public Service
Conditions of Employment 2006) Award, an award of the New South Wales
Industrial Relations Commission, or any successor to that award
iii. Employees
required to provide consumables for use in their work shall be reimbursed the
cost thereof.
iv. Employees who
are required in the course of their employment make local, STD or mobile
telephone calls associated with rostering changes not occurring in the client’s
home, and who incur a cost shall be reimbursed the costs of such calls. The
employer may require production of evidence (i.e.: telephone account)
supporting such claim.
Where calls are made from a pre-paid mobile telephone
and an account is not available, the employer may require a statutory
declaration supporting such claims, which will be reimbursed to a level no less
than that commensurate with the general level of such calls made within that
Branch.
v. No payment
shall be made under this clause unless the employer is satisfied that the
employee has incurred such expenditure.
G. Temporary Work
Location
Employee’s who are required to perform duties at a
temporary work location necessitating an overnight stay shall be eligible to be
paid an amount equivalent to the actual necessary cost of accommodation and
meals (excluding morning and afternoon tea).
This amount shall be paid prior to departure for the temporary work
location.
28. Payment for
Paperwork
All paperwork required by the office shall be completed in
work time.
Where time sheets cannot be submitted during normal work
time, employees should be paid the travelling allowance for all additional
kilometres travelled between the last client of the day and home via the
Branch.
Branches should establish drop off points, strategically
placed, to enable employees the opportunity to deliver their completed time sheets
to the Branch.
Branches shall also establish with employee’s the most
efficient method for delivery of their time sheets. For example the provision
of pre-paid envelopes to the employee, the faxing of time sheets or other
methods considered appropriate can be negotiated.
29. Work Clothes
On request, the employer shall supply free of charge two
sets of suitable work clothes of a type agreed from time to time.
Work clothes shall be replaced by the employer on the basis
of fair wear and tear.
Employees shall be provided with protective footwear and
hats where the work the employee is performing requires this. Where the
employer can not provide the protective footwear, employees shall be reimbursed
the cost of the protective footwear on the production of receipts. Replacement
shall be on the basis of fair wear and tear having regard to the hours worked.
Work clothes shall remain the property of the employer at
all times and any employee applying for a new issue of any work clothes
supplied by the employer who fails to return the last clothing issued to him or
her shall not be entitled to a new issue without payment therefore. Should an
employee on leaving the service fail to return any work clothes which are the
property of the employer, the employer may deduct from the employee's final
wage the value of the articles.
Home Care will purchase uniforms made by companies which
have signed the "Home Workers code of practice", a scheme designed to
stop the exploitation of home-based outworkers.
30. Superannuation
i. The subject
of superannuation contributions is dealt with extensively by legislation
including the Superannuation Guarantee (Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act
1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to
time, governs the superannuation rights and obligations of the parties.
Notwithstanding (i) above, the following provisions
shall also apply.
ii. Definitions
"The Fund" for the purpose of this clause
shall mean the:
(a) State
Authorities Superannuation Scheme (SASS)
(b) First State
Super
iii. "Ordinary
Time Earnings" for the purpose of this Clause shall be accordance with
SASS and FSS guidelines and as amended from time to time.
iv. The Department
of Ageing, Disability and Home Care shall provide each employee who is not a
member of the Fund with a membership application form upon commencement of this
clause and thereafter upon commencement of employment.
v. Each employee
shall be required to complete the membership application and the employer shall
forward the completed application to the Fund by the end of the calendar month
of commencement of this clause or commencement of employment.
vi. Each employee
shall be eligible to join the Fund upon commencement of employment.
vii. Each employee
shall be eligible to receive contributions from the date of eligibility,
notwithstanding the date the membership application.
viii. The Department
of Ageing, Disability and Home Care shall contribute to the Fund in respect of
each employee such contributions as required to comply with the Superannuation
Guarantee (Administration) Act 1992 and Superannuation Guarantee Charge
Act 1992 as amended from time to time.
ix. The Fund and
the amount of contributions paid shall be included in pay advice notices
provided by the employer to each employee.
x. Each employee
shall be eligible to salary sacrifice up to a maximum of 30% of their income as
a pre-tax contribution into First State Superannuation Scheme.
31. Occupational
Health and Safety
The LHMU and the Department of Ageing, Disability and Home
Care are committed to working together to improve the Department’s occupational health and safety performance. This will be accomplished by continuing to
support the systematic approach to implementing strategies which aim
specifically at reducing the level of injuries to employees.
Integral to this approach is an emphasis on:
promotion of the occupational health and safety vision
risk management that identifies/assesses critical risk
areas
prevention achieved through hazard identification
active injury management that recognises importance of
an early return to work
The following initiatives identified in the SafeCare Plan
will continue:
i. Branch
Occupational Health and Safety (OHS) Improvement Groups maintained and
supported will enable employees to contribute to the improvement of the
Branch’s OHS performance. Branch
Managers will establish and maintain the groups through an election process
based on expressions of interest. The
OHS Branch Committee Representative and the Union Delegate should also be
invited to attend these group meetings to discuss OHS issues.
ii. Home Care
encourages union participation where appropriate at the Area level Occupational
Health and Safety Strategic Committee meetings and in implementing safe work
practices.
iii. Home Care
requests union representation at the State Occupational Health and Safety
Strategic Committee which meets quarterly to review progress of the SafeCare
plan, identify and promote Best Practice and set polices affecting OHS in Home
Care.
iv. Home Care and
the Union will continue ongoing research relating to risk experience associated
with hours of work, training and incidence of injury and service type. Both parties are open to consider the
implications of the research and the effect these may have on current work
practices and Award/Agreement conditions of employment.
v. All new
employees shall receive appropriate occupational health and safety training
prior to providing service to any client.
vi. Employees
shall complete training in manual handling prior to providing personal care to
clients which involve lifting or transferring clients.
vii. Employee’s
shall continue to further refine risk identification beyond the initial
assessment performed by the Service Coordinator from an occupational health and
safety point of view utilising the Workplace Review Form within the first 2
weeks of working with a new client.
Hazard identification will be carried out by employees on a regular
basis following the initial review.
viii. Employees will
continue to be encouraged to submit Hazard Reports. These reports will be dealt
with promptly and the employee who initiated the report will "sign
off" only when the hazard has been resolved.
(a) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(b) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(c) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
32. Workers
Compensation and Make-Up Pay
The circumstances under which an employee shall qualify for
accident make-up pay shall be as prescribed hereunder:
An employer shall pay an employee accident make-up pay where
the employee receives an injury for which weekly payment of compensation is
payable by or on behalf of the employer pursuant to the provisions of the Workers'
Compensation Act 1987 (NSW).
Accident make-up pay means a weekly payment of an amount
being the difference between the weekly amount of compensation paid to the
employee pursuant to the Workers' Compensation Act 1987 (NSW) and the
employee's ordinary rate of pay.
An employer shall pay, or cause to be paid, accident make-up
pay during the incapacity of the employee within the meaning of the said Act
until such incapacity ceases or until the expiration of a period of 26 weeks
from the date of injury, whichever
event shall first occur.
The liability of the employer to pay accident make-up pay in
accordance with this clause shall arise as at the date of the injury or
accident in respect of which compensation is payable under the Act, and the
termination of the employee's employment for any reason during the period of
any incapacity shall in no way affect the liability of the employer to pay accident make up payment as
provided in this clause.
In the event that the employee receives a lump sum in
redemption of weekly payments under the Act, the liability of the employer to
pay accident make-up pay as herein provided shall cease from the date of such
redemption.
PART D
LEAVE PROVISIONS
33. Annual Leave
A. Period of leave
(i) A period of
28 consecutive days' leave shall be allowed annually to an employee, other than
a casual, after twelve (12) months' continuous service (less the period of
Annual Leave).
(ii)
(a) Employees who
regularly perform work on Sundays and who during the qualifying period have
worked a minimum of 50% of ordinary
hours on Mondays through Fridays, shall accrue additional annual leave as per
the following table:
Number
of Sundays worked as in 34A(ii) (b) and/or (c)
|
Additional days
annual leave
|
11
to 17
|
1
|
18
to 24
|
2
|
25
to 31
|
3
|
32
+
|
4
|
(b) Additional
annual leave shall be calculated annually by reference to the number of Sundays
on which work is performed up to and including during the final pay period of
the financial year (1 July to 30 June) and shall be credited to employee’s
annual leave accruals in the second pay period of the new financial year.
Additional annual leave is not available in respect to
part years of employment.
(c) At the sole
discretion of the employee and upon request, the employer shall pay as wages to
the employee all or any additional annual leave accrued pursuant to this
sub-clause in lieu of granting such additional annual leave.
B. Annual leave
exclusive of public holidays
Subject to this sub-clause the Annual Leave prescribed
by this clause shall be exclusive of any of the holidays prescribed by clause
26 - Public Holidays, of this Award and if any such holiday falls within an
employee's period of Annual Leave and is observed on a day which in the case of
that employee would have been an ordinary working day there shall be added to
the period of Annual Leave time equivalent to the ordinary time which the
employee would have worked if such day had not been a holiday.
C. Broken leave
Annual Leave shall be given and taken in a continuous
period, or only if the employee and the employer so agree, in two (2) or more
separate periods.
D. Calculation of
continuous service
For the purpose of this clause service shall be deemed
to be continuous notwithstanding:
i. Any interruption
or determination of the employment by the employer if such interruption or
determination has been made merely with the intention of avoiding obligations
hereunder in respect of leave of absence.
ii. Any absence
from work on account of personal sickness or accident or on account of leave
lawfully granted by the employer; or
iii. Any absence
with reasonable cause proof whereof shall be upon the employee.
In cases of personal sickness or accident or absence
with reasonable cause the employee to become entitled to the benefit of this
sub-clause shall inform the employer, in writing or by telephone, if
practicable, within 24 hours of the commencement of such absence, of the
inability to attend for duty and as far as practicable the nature of the illness,
injury or cause and the estimated duration of his or her absence. A
notification given by an employee pursuant to Clause 34 - Sick Leave, of this
Award shall be accepted as a notification under this subclause.
Any absence from work by reason of any cause not being
a cause specified in this sub-clause shall not be deemed to break the
continuity of service for the purposes of this clause unless the employer
during the absence or within fourteen (14) days of the termination of the
absence notifies the employee in writing the such absence will be regarded as
having broken the continuity of service.
In cases of individual absenteeism such notice shall be
given in writing to the employee concerned, but in the cases of concerted or
collective absenteeism, notice may be given to employees by the posting up of a
notification in the office, in the manner in which general notifications to
employees are usually made in that office and by posting to the Union whose
members have participated in such concerted or collective absenteeism a copy of
it not later than` the day it is posted up in the office.
A notice to an individual employee may be given by
delivering it to such employee personally or by posting it to his or her last
recorded address, in which case it shall be deemed to have reached the employee
in due course of post.
In calculating the period of twelve (12) months'
continuous service any such absence as aforesaid shall not, except to the extent of not more than fourteen (14) days
in a twelve (12) monthly period in the case of sickness or accident, be taken
into account in calculating the period of twelve (12) months' continuous
service.
E. Calculation of
service
Service before the date of this Award shall be taken
into consideration for the purpose of calculating Annual Leave, but an employee
shall not be entitled to leave if payment in lieu has been allowed. The period
of Annual Leave to be allowed under this sub-clause shall be calculated to the
nearest day any broken part of a day in the result not exceeding half a day to
be disregarded.
Where the employer is a successor or assignee or
"transmittor" of a business if an employee was in the employment of
the employer's predecessor at the time when it became such employer, successor
or assignee or transmittor, the service with the predecessor shall for the
purpose of this clause be deemed to be in the service of the employer.
F. Calculation of
month
For the purpose of this clause a month shall be
reckoned as commencing with the beginning of the first day of employment or
period of employment in question and as ending at the beginning of the day
which in the latest month in question has the same date number as that which
the commencing day had in its month and if there be no such day in such subsequent
month shall be reckoned as ending at the end of such subsequent month.
G. Leave to be
taken
The annual leave provided for by this clause shall be
allowed and shall be taken and, except as provided by Clause 33 Annual Leave,
of this award thereof, accepted in lieu of annual leave.
H. Time of taking
leave
Annual leave shall be given at a time fixed by the
employer within a period not exceeding six (6) months from the date when the
right to annual leave accrued and after not less than four (4) weeks' notice to
the employee.
I. Leave allowed
before due date
The employer may allow annual leave to an employee
before the right thereto has accrued due but where leave is taken in such a
case a further period of annual leave shall not commence to accrue until after
the expiration of the twelve (12) months in respect of which annual leave had
been taken before it accrued.
Where leave has been granted to an employee pursuant to
this sub-clause before the right thereto has accrued due and the employee
subsequently leaves or is discharged from the service of the employer before
completing the twelve (12) months' continuous service in respect of which the
leave was granted and the amount paid by the employee for the annual leave or
part so taken in advance exceeds the amount which the employer is required to
pay to the employee under Clause 33 annual leave loading hereof, the employer
shall not be liable to make any payment to the employee under Clause 33, annual
leave loading hereof, and shall be
entitled to deduct the amount of excess from any remuneration payable to the
employee upon the termination of employment.
J. Payment for
period of leave
Each employee before going on leave shall be paid the
amount of wage that she or he would have been received in respect of the
ordinary time which the employee would have
worked had he or she not been on leave during the relevant periods.
Ordinary pay means remuneration for the normal weekly
number of hours of work calculated at the ordinary time rate of pay (or
ordinary pay) does not include the calculation of shift allowances, overtime
and weekend penalties relating the ordinary time.
Where the normal weekly number of hours is not fixed,
the normal weekly number of hours of work is the average weekly number of hours
worked during the period of 12 months preceding the annual leave.
For the purposes of this sub-clause wages shall be at
the rate prescribed by Part H. Monetary Rates - Table 1 Salaries, of this Award
for the occupation in which the employee was ordinarily employed immediately
prior to the commencement of the leave or the termination of the employment, as
the case may be.
K. Proportionate
leave on dismissal
If after one (1) month's continuous service in any
qualifying twelve (12) monthly period an employee lawfully leaves his or her
employment or the employment is terminated by the employer through no fault of
the employee, the employee shall be paid at his or her ordinary rate of wage
for 1/12 of a week at the same rate in respect of each completed week of
continuous service, the service being service in respect of which leave has not
been granted hereunder.
L. Annual leave
loading
i. In addition
to payment of wages due under Clause 33 J above hereof an employee before going
on annual leave shall receive a loading of 17½ per cent of the appropriate
ordinary rate of wages prescribed under Table 1 - Salaries.
ii. Annual leave
loading shall not apply to pro-rata leave on termination.
M. Annual leave -
notice period
Payment for periods of leave shall be paid to employees
in their normal fortnightly manner, providing that payment shall be made to an
employee before going on leave in the following circumstances:
i. Payment is
requested by the employee at least four (4) weeks prior to commencing leave;
ii. where the
period of leave is two (2) weeks or more.
34. Sick Leave
A. An employee,
other than a casual employee, who is unable to attend for duty during his or
her working hours by reason of personal illness or incapacity not due to his or
her own serious or wilful misconduct, shall be entitled to be paid at the
ordinary time rates of pay for the time of such non-attendance subject to the
following conditions and limitations:
B. Sick leave
shall apply to hours worked on the weekend where the employee is a Saturday to
Friday employee. Employees employed on a Monday to Friday basis are not
entitled to payment of sick leave for weekends.
C. Employee’s
shall not be entitled to paid leave of absence for any period in respect of which
he or she is entitled to payment under the Workers' Compensation Act,
1987 (NSW). Absences due to accidents for which Workers' compensation is paid
or payable shall be counted as continuous employment for the purposes of this
clause.
D. Employee’s shall, as soon as practicable and in any
case within 24 hours of the commencement of such absence, inform the employer
of his or her inability to attend for duty and, as far as possible, state the
nature of the injury or illness and the estimated duration of the absence. The
employer shall be solely responsible for rostering changes to facilitate
continuing service to clients in the event of sick leave being taken at short
notice. Where sick leave is taken for extended periods and/or is known to the
team prior to being taken, it may be rostered to other Care Workers in
accordance with clause 13, Distribution of Hours of this Award.
E. All periods of
sickness shall be certified to by a registered medical practitioner provided
however, that the employer may dispense with the requirements of a medical
certificate where the absence does not exceed three (3) consecutive days or
where, in the employer's opinion the circumstances are such as not to warrant
such requirements.
F. Sick Leave
shall be granted provided that:
i. During each
of the first three (3) months' employment one day only of sick leave shall be
available each month to be granted to an employee. A day shall represent the rostered hours of the employee.
ii. On the first
day of the fourth month of employment the balance of sick leave granted under
subparagraph (iii) of this sub-clause shall be credited to the employee.
iii. The pro rata
part-time entitlement is based on an employee’s contract hours as follows:
Contract Hours
|
Yearly
Sick Leave Entitlement in Hours
|
20
|
29
|
30
|
39
|
40
|
49
|
50
|
59
|
60
|
69
|
70
|
76
|
iv. Part-time
staff who do not have contract hours shall be entitled to the following:
(a) Staff who
regularly work 10 hours and less per fortnight are entitled to 10 hours sick
leave per year.
(b) Staff who
regularly work more than 10 hours but less than 20 hours per fortnight are
entitled to 20 hours sick leave per year.
v. Sick leave
shall accumulate from year to year and may be taken by an employee in addition
to the sick leave entitlement available in any one year.
35. Personal Carers
Leave
A. Use of Annual
Leave
(i) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or times agreed by the parties.
(ii) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least ten consecutive days are taken.
B. Use of Sick
Leave
i. An employee
with responsibilities in relation to either members of their immediate family
or members of their household who need their care and support shall be entitled
to use, in accordance with this sub-clause, their sick leave entitlement (as
outlined in Clause 34) for absences to provide care and support for such
persons when they are ill.
ii. The employee
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned.
iii. The
entitlement to use sick leave in accordance with this sub-clause is subject to:
1. the employee
being responsible for the care of the person concerned; and
2. the person
concerned being either:
(a) a member of
the employee’s immediate family; or
(b) a member of
the employee’s household.
3. the term
"immediate family" includes;
iv. a spouse
(including a former spouse, a de facto spouse and a former de facto spouse) of
the employee. A de facto spouse, in relation to a person, means a person of the
opposite sex to the first mentioned person who lives with the first mentioned
person as the husband or wife of that person on a bona fide domestic basis
although not legally married to that person; and
v. a child or an
adult child (including an adopted child, a step or an ex nuptial child), parent,
grandparent, grandchild or sibling of the employee or spouse of the employee.
vi. The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such absence at the first opportunity on the day of absence.
C. Personal
Carers Entitlement for Casual employees
(i) Subject to
the evidentiary and notice requirements in subclause 1(ii) and subclause1(iv)
casual employees are entitled to not be available to attend work, or to leave
work if they need to care for a person prescribed in subclause 1.1.3(ii) of
this clause who are sick and require care and support, or who require care due
to an unexpected emergency, or the birth of a child.
(ii) he employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(iii) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
D. Use of
Domestic Leave
An employee (other than a casual) shall be entitled to
3 days paid leave at the ordinary rate of pay for each completed year of
service, accumulating to a maximum of 5 days. A day shall be the hours that
would have been worked and shall be counted as a day of domestic leave.
Domestic leave will have no operation whilst an employee is on any other leave.
Where possible, employees shall give prior notice of
absence stating the reason for taking leave, the name of the family member and
the relationship to the employee where applicable and estimated length of
absence. Employees shall notify by phone where they cannot give written notice.
Circumstances where Domestic Leave applies:
bereavement
family care in emergency circumstances
compassionate grounds - such as an illness of a family
member
citizenship ceremonies
emergency or weather conditions, such as flood, fire,
snow, etc where property is threatened an/or it prevents an employee from
reporting for duty.
Circumstances where this leave does not apply:
attendance at court to answer criminal charges
to cover absences due to social activities or
requirements
moving residence
E. Bereavement
entitlements for Casual employees
(i) Subject to
the evidentiary and notice requirements in subclause (1) (ii) and (iv), casual
employees are entitled to not be available to attend work, or to leave work
upon the death in Australia of a person prescribed in subclause 1 (iii) of
clause 35 Personal/Carers Leave.
(ii) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance
(iii) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
F. Unpaid leave
for family purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care to a family
member who is ill. The Home Care
Service undertakes to look favourably upon applications for unpaid leave during
periods of family need.
G. Annual leave
Notwithstanding the provision of this clause, an
employee may elect, with the consent of the employer, to take annual leave in
single day periods not exceeding five days in any calendar year at a time or
times agreed between them.
H. Maximum number
of days
The maximum amount of sick leave, annual leave, leave
without pay or domestic leave which may be taken in any one year shall be five
days.
I. Grievance
process
In the event of any dispute arising in connection with
any part of this clause, such a dispute shall be processed in accordance with
the dispute settling provisions of this Award.
36. Parental Leave
A. Nature of Leave
The provision of this clause applies to full-time and
part-time employees, but does not apply to casual employees.
Subject to the terms of this clause employees are
entitled to maternity, paternity and adoption leave and to work part-time in
connection with the birth or adoption of a child. Paternity and adoption leave
are unpaid.
B. Definitions
"child" means a child of the employee under
the age of one year except for adoption of a child where child means a person under
the age of five years who is placed with the employee for the purposes of
adoption, other than a child or step-child of the employee or of the spouse of
the employee or a child who has previously lived continuously with the employee
for a period of six months or more.
"continuous service" means service under an
unbroken contract of employment and includes:
i. any period
of leave taken in accordance with this clause;
ii. any period
of part-time employment worked in accordance with this clause or;
iii. any period
of leave or absence authorised by the employer or by the Agreement.
"female employee" means an employed female
who is pregnant or is caring for a child she has borne or a child who has been
placed with her for adoption purposes.
"former position" means the position held by
a female or male employee immediately before proceeding on leave or part-time
employment under this sub-clause whichever occurs first or, if such position no
longer exists but there are other positions available for which the employee is
qualified and the duties of which he or she is capable of performing, a
position as nearly comparable in status and pay to that of the position first
mentioned in this definition.
"male employee" means an employed male who is
caring for a child born of his spouse or a child placed with the employee for
adoption purposes.
"primary care-giver" means a person who
assumes the principal role of providing care and attention to a child.
"relative adoption" occurs where a child, as
defined, is adopted by a grandparent, brother, sister, aunt or uncle (whether
of the whole blood or half blood or by marriage).
"spouse" for the purpose of maternity and
paternity leave includes a de facto or former spouse.
"spouse" for the purpose of adoption leave
includes a de facto spouse but does not include a former spouse.
C. Basic
entitlement
After twelve months continuous service, parents are
entitled to a combined total of 52 weeks unpaid parental leave on a shared
basis in relation to the birth or adoption of their child. For females,
maternity leave may be taken and for males, paternity leave may be taken.
Adoption leave may be taken in the case of adoption.
Parental leave is to be available to only one parent at
a time, in a single unbroken period, except that both parents may
simultaneously take:
i. for
maternity and paternity leave, an unbroken period of one week at the time of
the birth of the child;
ii. for adoption
leave, an unbroken period of up to three weeks at the time of placement of the
child.
D. Maternity
leave
i. An employee
must provide notice to the employer in advance of the expected date of
commencement of parental leave. The notice requirements are:
(a) at least 10
weeks prior to the date of confinement a medical certificate from a registered
medical practitioner stating that the employee is pregnant and their expected
date of confinement.
(b) At least 4
weeks prior to the employee commencing maternity leave, the employee is
required to advise the employer the proposed date to commence maternity leave.
The period of leave to be taken is a minimum of 6 weeks compulsory leave.
(c) An employer by
not less than 14 days notice in writing to the employee may require her to
commence maternity leave at any time within the six week immediately prior to
her presumed date of confinement.
ii. When the
employee gives notice under D, i, a), the employee must also provide a
statutory declaration stating particulars of any period of paternity leave
sought or taken by her spouse and that for the period of maternity leave she
will not engage in any conduct inconsistent with her contract of employment.
iii. An employee
will not be in breach of this clause if failure to give the stipulated notice
is occasioned by confinement occurring earlier than the presumed date.
iv. Unless agreed
otherwise between the employer and employee, an employee may commence parental
leave at any time within six weeks immediately prior to the expected date of
the birth.
v. Where an
employee not then on maternity leave suffers an illness related to her
pregnancy, she may take such paid sick leave as to which she is then entitled
and such further unpaid leave (to be known as special maternity leave) as a
registered practitioner certifies as necessary before her return to work,
provided that the aggregate of paid sick leave, special maternity leave and
maternity leave shall not exceed the period to which the employee is entitled
under sub-clause 37.
vi. Where an
employee continues to work within the six week period immediately prior to the
expected date of birth, or where the employee elects to return to work within
six weeks after the birth of the child, an employer may require the employee to
provide a medical certificate stating that she is fit to return to her normal
duties of work.
vii. Where the
pregnancy of an employee terminates after 28 weeks and the employee has not
commenced maternity leave, the employee may take unpaid special maternity leave
of such period as a registered medical practitioner certifies as necessary,
except that where an employee is suffering from an illness not related to the
direct consequences of the confinement, an employee may be entitled to paid
sick leave in lieu of, or in addition to, special maternity leave and maternity
leave shall not exceed the period to which the employee is entitled under
subclause 36 C.
viii. Where leave is
granted under subclause 36C, during the period of leave an employee may return
to work at any time, to the position which she held immediately before
proceeding on such leave, as agreed between the employer and the employee
provided that time does not exceed four weeks from the recommencement date
desired by the employee.
ix. Where the
pregnancy of an employee terminates before 28 weeks, other than by the birth of
a living child and the employee has not commenced maternity leave, the
maternity leave will be cancelled and the employee may return to work at any
time, as agreed between the employer and the employee provided that time does
not exceed four weeks from the recommencement date desired by the employee.
Payment for maternity leave
An employee who is eligible for Maternity Leave shall
be paid for 9 weeks full pay from the date of commencing maternity leave.
Payment in advance
A woman may elect to be paid in advance but not in a
lump sum. Payment in advance is to be made on a regular fortnightly basis.
E. Paternity
leave
i. An employee
will provide to the employer at least ten weeks notice prior to each proposed
period of paternity leave, with:
(a) a certificate
from a registered medical practitioner which names his spouse, states that she
is pregnant and the expected date of confinement, or states the date on which
the birth took place; and
(b) written
notification of the dates on which he proposes to start and finish the period
of paternity leave; and
(c) a statutory
declaration stating:
i. he will take
that period of paternity leave to become the primary care-giver of a child;
ii. particulars
of any period of maternity leave sought or taken by his spouse; and
iii. that for the
period of paternity leave he will not engage in any conduct inconsistent with
his contract of employment.
iv. The employee
will not be in breach of sub-clause 36 E , i, if the failure to give the
required period of notice is because of the birth occurring earlier than
expected, the death of the mother of the child, or other compelling
circumstances. The employee shall immediately notify the employer of any change
in the information provided to the employer pursuant to subclause 36 E (a), (b)
& (c).
v. Cancellation
of paternity leave
Paternity leave applied for but not commenced, shall be
cancelled when the pregnancy of the employee’s spouse terminates other than by
the birth of a living child.
F. Adoption leave
An employee, upon production to the employer of the
documentation required shall be entitled to one or two periods of adoption
leave, the total of which shall not exceed 52 weeks, in the following
circumstances:
i. An unbroken
period of up to three weeks at the time of the placement of the child’s;
ii. An unbroken
period of up to 52 weeks from the time of its placement in order to be the
primary care-giver of the child. This leave shall not extend beyond one year
after the placement of the child and shall not be taken concurrently with
adoption leave taken by the employees spouse in relation to the same child.
This entitlement of up to 52 weeks shall be reduced by:
(a) Any period of
leave taken pursuant to sub-clause 36 H hereof
and;
(b) The aggregate
of any periods of adoption leave taken or to be taken by the employee’s spouse.
The employee will notify the employer at least ten
weeks in advance of the date of commencement of adoption leave and the period
of leave to be taken. An employee may commence adoption leave prior to
providing such notice, where through circumstances beyond the control of the
employee, the adoption of a child takes place earlier.
Before commencing adoption leave, an employee will
provide the employer with a statutory declaration stating:
i. the employee
is seeking adoption leave to become the primary care-giver of the child;
ii. particulars
of any period of adoption leave sought or taken by the employee’s spouse; and
iii. that for the
period of adoption leave the employee will not engage in any conduct
inconsistent with their contract of employment.
An employer may require an employee to provide
confirmation from the appropriate government authority of the placement.
Where the placement of child for adoption with an
employee does not proceed or continue, the employee will notify the employer
immediately and the employer will nominate a time not exceeding four weeks from
receipt of notification for the employee’s return to work.
An employee will not be in breach of this clause as a
consequence of failure to give the stipulated periods of notice if such failure
results from a requirement of an adoption agency to accept earlier o later
placement of a child, the death of a spouse, or other compelling circumstances.
An employee seeking to adopt a child is entitled to
take unpaid leave for the purpose of attending any compulsory interviews or
examinations as are necessary as part of the adoption procedure. The employee
and the employer should agree on the length of the unpaid leave. Where agreement
cannot be reached, the employer is entitled to take up to two days unpaid
leave. Where paid leave is available to the employee, the employer may require
the employee to take such paid leave instead.
G. Variation of
period of parental leave
Unless agreed otherwise between the employer and
employee, an employee may apply to their employer to change the period of
parental leave on one occasion.
Any such change to be notified at least four weeks
prior to the commencement of the changed arrangements except in the case of
maternity leave where the period of maternity leave may be lengthened or
shortened once only by the employee giving not less than 14 days notice in
writing stating the period by which the leave is to be lengthened or shortened.
The period may be further lengthened or shortened by
agreement between the employer and the employee.
H. Parental leave
and other entitlements
An employee may in lieu of or in conjunction with
parental leave, access other paid leave entitlements which they have accrued,
such as annual leave or long service leave, subject to the total amount of
leave not exceeding 52 weeks.
I. Transfer to a
safe job
i. Where an
employee is pregnant and, in the opinion of a registered medical practitioner,
illness or risks arising out of the pregnancy or hazards connected with the
work assigned to the employee make it inadvisable for the employee to continue
at her present work, the employee will, if the employer deems it practicable,
be transferred to a safe job at the rate and on the conditions attaching to
that job until the commencement of maternity leave.
ii. If the
transfer to a safe job is not practicable, the employee may elect, or the
employer may require the employee, to commence parental leave.
J. Returning to
work after a period of parental leave
i. An employee
will notify of their intention to return to work after a period of parental
leave at least four weeks prior to the expiration of the leave.
ii. An employee
will be entitled to the position which they held immediately before proceeding
on parental leave. In the case of an employee transferred to a safe job
pursuant to sub-clause 36 I i. hereof, the employee will be entitled to return
to the position they held immediately before such transfer.
iii. Where such
position no longer exists but there are other positions available which the
employee is qualified for and is capable of performing, the employee will be
entitled to a position as nearly comparable in status and pay to that of their
former position.
K. Replacement
employees
i. A
replacement employee is an employee specifically engaged or temporarily
promoted or transferred, as a result of an employee proceeding on parental
leave.
ii. A
replacement employee will be informed of the temporary nature of the employment
and of the rights of the employee who is being replaced.
L. Effect of
parental leave on employment
Absences in relation to parental leave shall not break
the continuity of service of an employee but shall not be taken into account in
calculating the period of service.
M. Termination of
employment
An employee on Parental leave may terminate their
employment at any time during the period of leave by notice given in accordance
with this Agreement.
An employer shall not terminate the employment of an
employee on the ground of their pregnancy or of their absence on Parental
leave, but otherwise the rights of an employer in relation to termination of
employment are not hereby affected.
N. Part-time work
With the agreement of the employer:
i. A male
employee may work part-time in one or more periods at any time from the date of
birth of the child until its second birthday or, in relation to adoption, from
the date of placement of the child until the second anniversary of the
placement.
ii. A female
employee may work part-time in one or more periods while she is pregnant where
part-time employment is, because of the pregnancy, necessary or desirable.
iii. A female
employee may work part-time in one or more periods at any time from the seventh
week after the date of birth of the child
until its second birthday.
iv. In relation to
adoption a female employee may work part-time in one or more periods at any
time from the date of the placement of the child until the second anniversary
of that date.
O. Return to
former position
i. An employee
who has had at least 12 months continuous service with an employer immediately
before commencing part- time employment
after the birth or placement of a child has, at the expiration of the period of
such part-time employment or the first period, if there is more than one the
right to return to his or her former position.
ii. Nothing in
paragraph i. hereof shall prevent the employer from permitting the employee to
return to his or her former position after a second or subsequent period of
part-time employment.
P. Effect of
part-time employment on continuous service
Commencement on part-time work under this clause, and
return from part-time work to full-time work under this clause, shall not break
the continuity of service or employment.
Pro rata entitlements
Subject to the provisions of this sub-clause part-time
employment shall be in accordance with the provisions of this Award which shall apply on a pro rata basis.
Q. Transitional
arrangements - annual leave
i. An employee
working part-time under this sub-clause shall be paid for and take any leave
accrued in respect of a period of full-time employment, in such periods and
manner as specified in the annual leave provisions of this Award, as if the employee
were working full-time in the class of work the employee was performing as a
full-time employee immediately before commencing part-time work under this
sub-clause.
ii. a full-time
employee shall be paid for and take any annual leave accrued in respect of a
period of part- time employment under this sub-clause, in such periods and
manner as specified in this Award, as
if the employee were working part-time in the class of work the employee was
performing as a part-time employee immediately before resuming full-time work.
iii. provided
that, by agreement between the employer and the employee, the period over which
the leave is taken may be shortened to the extent necessary for the employee to
receive pay at the employee's current full-time rate.
R. Transitional
Arrangements - Sick Leave
An employee working part-time under this clause shall
have sick leave entitlements which have accrued under this Agreement (including
any entitlement accrued in respect of previous full-time employment) converted
into hours. When this entitlement is used, whether as a part-time employee or
as a full-time employee, it shall be debited for the ordinary hours that the
employee would have worked during the period of absence.
S. Part-Time work
agreement
Before commencing a period of part-time employment
under this subclause the employee and the employer shall agree:
i. that the
employee may work part-time;
ii. upon the
hours to be worked by the employee, the days upon which they will be worked and
commencing times for the work;
iii. upon the
classification applying to the work to be performed; and
iv. upon the
period of part-time employment.
The terms of this Agreement may be varied by consent.
The terms of this Agreement or any variation to it
shall be reduced to writing and retained by the employer. A copy of the
agreement and any variation to it shall be provided to the employee by the
employer.
The terms of this Agreement shall apply to the
part-time employment.
T. Termination of
employment
The employment of a part-time employee under this
clause, may be terminated in accordance with the provisions of this Agreement
but may not be terminated by the employer because the employee has exercised or
proposes to exercise any rights arising under this clause or has enjoyed or
proposes to enjoy any benefits arising under this clause.
Any termination entitlements payable to an employee
whose employment is terminated while working part-time under this clause, or
while working full-time after transferring from part-time work under this
clause, shall be calculated by reference to the full-time rate of pay at the
time of termination and by regarding all service as a full-time employee as
qualifying for a termination entitlement based on the period of full-time
employment and all service as a part-time employee on a pro rata basis.
U. Extension of
Hours of Work
An employer may request, but not require, an employee
working part- time under this clause to work outside or in excess of the
employee's ordinary hours of duty.
V. Nature of
part-time work
The work to be performed part-time need not be the work
performed by the employee in his or her former position but shall be work
otherwise performed under this Agreement.
W. Inconsistent
agreement provisions
An employee may work part-time under this clause
notwithstanding any other provision of this Agreement which limits or restricts
the circumstances in which part-time employment may be worked or the terms upon
which it may be worked including provisions:
i. limiting the
number of employees who may work part-time;
ii. establishing
quotas as to the ratio of part-time to full-time employees;
iii. prescribing
a minimum or maximum number of hours a part-time employee may work; or
iv. requiring
consultation with, consent of or monitoring
by a union; and such provisions do not apply to part-time work under
this clause.
X. Replacement
employees
i. A
replacement employee is an employee specifically engaged as a result of an
employee working part-time under this subclause.
ii. A
replacement employee may be employed part-time to the part-time employment of a
replacement employee.
iii. Before an
employer engages a replacement employee under this sub-clause, the employer
shall inform the person of the temporary nature of the employment and of the
rights of the employee who is being replaced.
iv. Unbroken
service as a replacement employee shall be treated as continuous service.
v. Nothing in
this sub-clause shall be construed as requiring an employer to engage a
replacement employee.
Other Parent Leave
A. An employee,
other than a casual employee, who has completed 12 months' continuous service
with the employer prior to the commencement of 'other parent' ;eave, shall be
entitled to unpaid "other parent' leave under the following conditions:
(i) Up to a
maximum of eight week's simultaneous unpaid leave;
(ii) A further
continuous period of unpaid leave to become the primary care giver for a period
not exceeding 12 months less any leave already taken by the staff member as
provided for in paragraph (i) of this subclause.
(iii) Provided that
an employee shall:
(a) give 10 weeks'
notice of his or her intention to take 'other parent' leave;
(b) make a
statutory declaration:
that he or she is applying for leave to become the
primary caregiver;
detailing maternity or adoption leave sought or taken
by his or her spouse;
that he or she will take another job or in any other
way contravene his or her contract of employment while on 'other parent' leave,
B. Right to
request
(i) An employee
entitled to either maternity, adoption or 'other parent' leave, other than a
casual employee, may request the employer to allow the employee:
(a) to extend the
period of unpaid maternity, adoption or 'other parent' leave for a further
continuous period of leave not exceeding 12 months;
(b) to return from
a period of maternity, adoption or 'other parent' leave on a part-time basis
until the child reaches school age to assist the employee in reconciling work
and parental responsibilities.
(ii) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
C. Communication
during maternity, adoption or 'other parent' leave
(i) Where an
employee is on maternity, adoption or 'other parent' leave and a definite
decision has been made to introduce significant change at the workplace, the
employer shall take reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing maternity, adoption or other parent leave; and
(b) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing maternity, adoption or 'other parent' leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of maternity,
adoption or 'other parent' leave to be taken, whether the employee intends to
return to work and whether the employee intends to request to return to work on
a part-time basis.
(iii) The employee
shall also notify the employer of change of address or other contact details
which might affect the employer’s capacity to comply with paragraph (i).
D. Casual
Employees
(i) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
37. Other Leave
(1) Jury Service
An employee (other than a casual employee) required to
attend for jury service during his or her ordinary working hours shall be
reimbursed an amount equal to the difference between the amount paid in respect
of the attendance for such jury service and the amount of wage the employee
would have received in respect of the ordinary time which would have been
worked had the employee not be on jury service.
(2) Study Leave
(i) Study leave
shall be paid leave subject to the terms and conditions set out below:
(a) Study Leave
applies to all permanent employees including those employed on a part-time
basis.
(b) The course of
study must be work related.
(c) Decisions
regarding the approval or otherwise for study leave shall not be the subject of
an appeal to any service tribunal or any other industrial and/or lawful
tribunal, commission or court.
(d) Study Leave
shall be granted and taken at the convenience of the Home Care Service. Such
convenience shall take into consideration such factors as the necessity of an
employee to be at work on specific days or times, availability of relief staff
and service requirements concerning training or other requirements.
(ii) Study Leave
shall be granted subject to the following criteria and conditions:
(a) Study Leave is
granted on the basis of half an hour of leave for each hour of face-to-face
lectures, or equivalent, up to a maximum of four hours.
(b) Such Leave shall
be cumulative and may be taken as examination leave or for field work purposes
following approval.
(c) Study Leave
shall not accumulate from year to year.
Each academic year shall stand alone.
(d) No travel time
or travel allowance is payable.
(e) All payment
for Study Leave shall be at the ordinary rate of pay.
(3) RELIGIOUS
LEAVE
The Department of Ageing, Disability and Home Care may
grant leave for essential religious or cultural obligations. Management will be sensitive in
accommodating the needs of staff to access their leave entitlements and
flexible work hours for the purposes of observing religious duties.
Permanent employees of:
(a) Any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
(b) Any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations
may be granted access to recreation or long service leave to
credit or leave without pay to do so, so long as adequate notice is given by
the employee and it is operationally convenient for the employee to be released
from duty.
In determining what is an essential religious or cultural
obligation The Department of Ageing, Disability and Home Care will be guided by the Days of religious
Significance for Multicultural NSW as distributed by the Community Relations
Commission of NSW.
(4) MILITARY LEAVE
Permanent employees who are volunteer part-time members
of the Australian Defence Forces may be granted military leave, subject to The
Department of Ageing, Disability and Home Care’s convenience.
Such leave maybe granted on full pay for permanent
rostered hours, during ordinary working hours, for absences required for
compulsory annual training or attendance at training, education, instruction or
compulsory parades and may include the minimum time spent in travelling to
attend the aforementioned items provided no payment has been received from the
defence forces
The leave entitlement is:
Up to 24 working days per year to members of the Naval
and Military Reserves; and
Up to 28 working days per year to members of the Air
Force Reserves.
The military leave year is from 1 July of one year to
30 June of the next year.
Any further leave required in excess of the maximum may
be charged against recreation or extended leave credits or taken as leave
without pay.
Employees may be granted special purpose leave of up to
one day to attend medical examinations and tests required for acceptance as
volunteer part-time members of the Australian Defence Forces.
PART E
TRAINING
38. Training Program
A Training Committee shall be established consisting of
equal numbers of employer and Union representatives.
The role of the Training Committee will be to advise on the
development of a training program consistent with:
i. the skill
needs identified in the new classification structure;
ii. the size,
structure and nature of the operations of the Home Care Service;
iii. the
establishment of skill related career paths and promotion opportunities;
iv. the
introduction of properly accredited training;
Such training shall be undertaken by employees in the
employer's time and training resource materials will be paid for by the
employer.
Access to training should be on:
i. an equitable
basis
ii. with the
training requirements of the Branch in mind
iii. within
current Branch budgets
Employees should be consulted about available training and
processes should be put into place to select the participants for training.
39. Regular Staff
Meetings
Branches shall provide regular support and supervision both
on an individual and a group basis, as appropriate
The Union Organiser shall be informed by the Branch Manger
of formal group sessions relating to industrial changes, in order to respond to
questions from employees.
The Union Organiser may also be informed of other
appropriate group employee’s sessions to facilitate access to staff. Should the Union Organiser attend after such
sessions, notification will be required to the Branch Manager prior to the
session taking place. This will enable
Service Coordinators to re-roster services if required.
The Branch Manager will in turn notify employees that the
Union Organiser will be attending after the session.
Time spent with Union Organisers will not be paid, unless
otherwise notified by The Department of Ageing, Disability and Home Care, and
attendance is voluntary for both members and non members.
40. English Tuition
Training
The employer shall grant employees of non English speaking
background who are unable to adequately communicate in the English language,
time off without loss of pay during normal working hours to attend English
language asses conducted by the employer or any other recognised statutory
authority (including the Adult Migrant Education Service).
The development of this Training will be referred to the
Training Committee as per Clause 38, Training Program, of this Award.
41. Trade Union
Training
Employees nominated by the Union to attend during ordinary
working hours a course organised and conducted by the Union, or a training
provider nominated by the Union, shall do so without loss of ordinary pay,
subject to the following:
i. That the
employer receive not less than four (4) weeks written notice of nomination from
the Union, setting out the time, dates, content and venues of the course.
ii. That not
more than one (1) person at a time from any one Branch are nominated with no
individual receiving payment for more than 40 hours training per year.
iii. That a
maximum of 800 hours per financial year, non cumulative, is available for trade
union training for each year.
iv. That the
employer is satisfied that the course is of such a nature as to be calculated
to assist in reducing labour disputes and in advancing industrial relations in
the industry.
PART F
LIVE-IN
HOUSEKEEPER
42. Live-in
Housekeeper
A. Terms and
conditions
The terms and conditions contained in the clause shall
be in substitution for and not cumulative upon the following clauses of the
Agreement.
Clause Number
|
Subject
|
|
|
27
|
Additional payment and allowances
|
12
|
Hours of Work
|
24
|
Penalty Rates for ordinary time and Weekends
|
25
|
Overtime
|
26
|
Public Holidays
|
For the purposes of this clause, such substitution
shall only apply while the employee is working as a Live-in Housekeeper.
i. In respect
of persons not permanently appointed as Live-in Housekeepers, in so far as
c1ause 33 - Annual Leave and Clause 34 - Sick Leave, of this Agreement are
concerned, hours worked under this clause shall be limited to eight (8) hours
of every 24 for calculation purposes.
ii. Live-in
Housekeeper shall mean an employee of the Home Care Service of New South Wales,
who provides one of or a combination of Oncology, Home Aide, Handy person and
Personal Care duties, and would normally live at the client's premises for a
period in excess of 24 hours.
B. Weekly rate
i. The total
weekly remuneration for a Live-in Housekeeper shall be calculated as follows:
ii. Weekly Rate
for Grade 3 + Special Loading + All Incidents Loading = Total Weekly Rate.
iii. The Special
Loading is calculated by obtaining 3.5% of the Grade 3 weekly rate. The special
loading is in recognition of all factors, including but not limited to, the
special pressures, responsibilities and climate inherent in the work of a
Live-in Housekeeper.
iv. The All
Incidents Loading is calculated by obtaining 50% of the sum of the Grade 3
weekly rate plus the Special Loading. The All Incidents Loading of 50% take
into account all incidents of employment inherent in the work and conditions of
employment of Live-in Housekeepers, including but not limited to, the
requirement to reside at the client's home and to perform work, and be available for the performance of work at all
such times of the day and night as the job and the client's needs may require.
C. Daily rate
i. The daily
rate for a live-in housekeeper shall be calculated as follows:
ii.
|
Weekly rate for
live-in housekeeper + 25%
|
= daily rate
|
|
5
|
|
iii. For the
purpose of this sub-clause a day shall be defined as a period of 24 consecutive
hours.
iv. The minimum
payment for work performed under this sub-clause shall be one day (24 hours) at
the daily rate
v. Work performed
under this sub-clause shall be for relief and temporary purposes only.
vi. An employee
who works under this clause as a relief Live-in Housekeeper shall be entitled
to a minimum (8) eight hours off duty between the termination of the Live-in
Housekeeper engagement and the commencement of any subsequent engagement under this Award, other than Live-in Housekeeper.
vii. An employee
who is not required to work their normal rostered work as a result of being on
an (8) eight hour break will not be entitled to payment for that rostered work.
viii. An employee
who is required to work without an eight (8) hour break off duty shall be
entitled to be paid overtime rates as prescribed in Clause 25 (A) of this
award.
D. Time off
i. After each
five (5) consecutive days of duty a Live-in Housekeeper shall be entitled to
two (2) consecutive days off. Provided that:
(a) Such days may
accumulate to a limit of six (6) and in any case must be taken at the
conclusion of such service.
(b) Where it is
mutually agreed between the employer and the employee that under special
circumstances the days of duty should continue, such days may accumulate to a
limit of eight (8) to be taken at the conclusion of such service.
Provided that the Live-in Housekeeper shall continue to
receive their normal weekly wage pursuant to Clause 22 Payment of Wages, of this Agreement during
such days off.
ii. A Live-in
Housekeeper will accrue one paid rostered day off per four (4) completed weeks
of work (i.e. after each nineteen (19) working days). Such days off may
accumulate only to a maximum of three (3).
E. Travel
Before proceeding to an assignment the employee shall
determine the most appropriate mode of travel to and from the assignment. Such
travel cost shall be calculated and paid as such, whether or not the employee
uses the mode of travel. However, in isolated establishments discussion will
take place between the employer and employee in relation to the use of the
employee’s motor vehicle.
Where motor vehicle is the most appropriate mode of
travel, kilometre allowance in accordance with the provisions of Clause 27 -
Additional Payments and Allowances, of this Agreement shall apply.
F. Commencement
and cessation
Designated commencement of work insofar as place, date
and time are concerned shall be calculated by the employer. Designated cessation
of work insofar as place, date and time are concerned shall be calculated by
the employer. Provided that time spent travelling shall be regarded as time
worked.
G. Reimbursement
of meals
In the event of whether all or some of breakfast, lunch
and dinner not being provided the employer shall reimburse such reasonable
amounts for same, upon proof of expenditure.
H. Annual leave
Subject to Clause 33 - Annual Leave and Clause 42 -
Live in Housekeeper, of this Agreement hereof, a full-time Live-in housekeeper
employed and paid as such shall accrue an additional week's leave for every
twelve (12) months of continuous service on a pro-rata basis
PART G
EMPLOYEE
REPRESENTATION
43. Assistance With
the Dispute Settling Process
A. ASSISTANCE IN
GRIEVANCE AND DISPUTE SETTLEMENT
The Branch Secretary of the Australian Liquor,
Hospitality and Miscellaneous Workers Union or any person authorised in writing
by the Union, shall have the right to enter the Branch office during its hours
of operations for the purpose of assisting with the grievance and dispute
settling procedures under this Award, in accordance with the provisions of the
New South Wales Industrial Relations Act.
B. ASSISTANCE IN
OBSERVANCE OF THE AWARD
For the purposes of assisting employees with their
rights and obligations under this Award, an employee may be appointed a Union
Delegate in the Branch in which he or she is employed and shall, upon
notification thereof to the employer, be recognised as the accredited
representative of the Australian Liquor, Hospitality and Miscellaneous Workers
Union. He or she shall be allowed the
necessary opportunity during office hours to speak with other employees, and
the employer, and to assist in ensuring that all parties understand their
rights and obligations under this agreement. As part of this role, the
following shall in apply in relation to the union delegate
(i) The employer
shall, subject to approval by the Branch Manager, allow the delegate reasonable
access to office equipment such as photocopiers, facsimile machines and
computer terminals pursuant to their assistance role, provided that such access
is not disruptive to normal office procedures. The Branch Manager shall not
unreasonably withhold approval.
(ii) A current
copy of the Award shall be permanently placed on or near such notice-board, and
a copy given to each employee upon request.
(iii) The Branch
Manager shall advise the local union delegate in writing of the time, date and
location of any induction course for new employees under this agreement. Such
notice is to be given a minimum of seven days prior to that induction course
occurring, or as soon as possible where such induction course is arranged to
occur at shorter notice.
(iv) The local
union delegate, and/or an officer of the union, shall be allowed a maximum of
15 minutes to address new employees at such course in relation to the role of
the union, and to offer union membership to any attendees.
(v) Each branch
shall take steps to facilitate re-rostering of delegates to ensure attendance
by the delegate is practicable, and take steps to ensure that, where possible,
the total number of hours worked by such delegate in that pay period are not
decreased as a result of such attendance.
C. INSPECTION OF
TIME AND WAGES RECORD
The time and wages record shall be open for inspection
to a duly accredited Union official during the usual office hours at the
employer's office or other convenient place.
A duly accredited official of the Union, making an
inspection of time and/or wages records shall be entitled to take a copy or
copies of entries made in those records relating to a suspected breach of the
Award.
Provided that an inspection shall not be demanded
unless an authorised official of the Union suspects that a breach of this Award
has been committed.
44. Time and Wages
Record
A. The employer
shall keep a record from which can be readily ascertained the name; the
grade/classification; the hours worked each day; the rate of wages and the
amount of wages paid for each employee.
B. Notwithstanding
anything elsewhere contained in this Award the employer may select and utilise,
for time-keeping purposes, any fraction or decimal proportion of an hour (not
exceeding quarter of an hour) and may apply such proportion in the calculation
of the working time of employees who report for duty after their appointed
starting times, or cease duty before their appointed finishing times. An
employer who adopts a proportion for the aforesaid purpose shall apply the same
proportion for the calculation of overtime.
C. An employer
shall retain time and wages records going back a period of seven years.
PART H
ANTI -
DISCRIMINATION
45.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the objective
in section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and responsibilities
as a carer.
(ii) It follows
that, in fulfilling their obligations under the grievance procedure prescribed
by this award, the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this award are not directly or
indirectly discriminatory in their effects.
It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provisions of the award which, by its
terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
PART I
MONETARY RATES
Table 1 - Salaries
Classification
|
Basis
|
Rate
per hour
|
Rate
per week
|
Rate
per hour
|
Rate
per week
|
|
|
|
(38
Hours)
|
|
(38
Hours)
|
|
|
1st
Full pay on or
|
1st
Full pay on or
|
1st
Full pay on or
|
1st
Full pay on or
|
|
|
after
1 Sept 2006
|
after
1 Sept 2006
|
after
1 Sept 2007
|
after
1 Sept 2007
|
|
|
(3%
Increase)
|
(3%
Increase)
|
(3%
Increase)
|
(3%
Increase)
|
Home Aide/
|
Permanent
|
$16.42
|
$623.96
|
$16.91
|
$642.58
|
Handyperson
|
|
|
|
|
|
Home Aide/
|
Casual
|
$19.66
|
|
$20.25
|
|
Handyperson
|
|
|
|
|
|
Grade 1
|
Permanent
|
$16.21
|
$615.98
|
$16.70
|
$634.60
|
Grade 2
|
Permanent
|
$17.02
|
$646.76
|
$17.53
|
$666.14
|
Grade 2
|
Casual
|
$20.41
|
|
$21.02
|
|
Grade 3
|
Permanent
|
$18.40
|
$699.20
|
$18.95
|
$720.86
|
Grade 3
|
Casual
|
$22.06
|
|
$22.72
|
|
|
|
Weekly
rate
|
Daily
rate
|
Weekly
rate
|
Daily
rate
|
|
|
(38
hours per
|
|
(38hours
per
|
|
|
|
week)
|
|
week)
|
|
Live in
|
Permanent
|
$1,085.51
|
$271.38
|
$1,119.14
|
$279.79
|
Housekeeper
|
|
|
|
|
|
Live in
|
Casual
|
$1,302.61
|
$325.66
|
$1,342.97
|
$335.75
|
Housekeeper
|
|
|
|
|
|
Table 2 - Other
Rates and Allowances
Description
|
Rate\Amount
|
Overnight Care
|
$113.91 per
overnight care task
|
Presenter
|
$20.25 per hour
|
Competency Assessor
|
$20.25 per hour
|
Equipment Allowance
|
$2.00
|
Tea Money
|
$9.00
|
Travel Allowance
|
66.5 cents per
kilometre
|
Appendix A
CARE WORKER
AVAILABILITY REGISTER FORM
Contract Level
|
Minimum
number of Availability Time Periods
|
Weekend
Availability for
|
|
|
Saturday - Friday
Care Workers
|
20
|
8
x 6hrs
|
Nil
|
30
|
10
x 6hrs
|
1 in 4
|
40
|
12
x 6hrs
|
1 in 4
|
50
|
14
x 6hrs
|
2 in 4
|
60
|
16
x 6hrs
|
2 in 4
|
70-76
|
18
x 6hrs
|
2 in 4
|
PLEASE TICK THE REQUIRED NUMBER OF BLOCKS TO MATCH YOUR
CONTRACT HOURS
Please note: Monday to Friday contracted employee can
restrict your selection to Monday to Fridays only.
Six hour time periods must be shown below.
Day of the Week
|
Time Period
|
Time Period
|
|
Weeks 1 & 3
|
Weeks 2 & 4
|
Saturday
|
|
|
Sunday
|
|
|
Monday
|
|
|
Tuesday
|
|
|
Wednesday
|
|
|
Thursday
|
|
|
Friday
|
|
|
Saturday
|
|
|
Sunday
|
|
|
Monday
|
|
|
Tuesday
|
|
|
Wednesday
|
|
|
Thursday
|
|
|
Friday
|
|
|
Note: Employee’s may nominate to be available for a greater
number of availability blocks than the minimum required if they choose.
Additional availability time periods would indicate the employee is available
to be offered additional work should it become available.
Minimum break between shifts required: 8 hours/10 hours (delete one)
I, ...................................................
(Print full name agree to the following minimum number of availability time
periods as per Clause 14 Hours of Work.
Signature:
________________________________________
Date :
______/_______/________
Supervisor Signature : _______________________________
Date :
______/_______/________
ADDITIONAL INFORMATION
YES / NO, I would like to be considered for OVERNIGHT CARE
work.
YES / NO, I would like to be considered for LIVE-IN
HOUSEKEEPER work
Appendix B
HIGHER DUTIES/MULTI-SKILLING AGREEMENT
TO:
......................................................................................
(Employee’s Name)
FROM:
................................................................................
(Branch Mgrs Name)
As per Clause 17 of the
Care Worker Employees - Department of Ageing, Disability and Home Care
(State) Award 2006, I offer you the opportunity to undertake permanent Grade 3
work up to 50% of your current contract level.
Current contract level: ......................... 50% of
minimum contract level ...........................
As a result of accepting this offer the following conditions
will apply:
(i) Working Grade
3 hours up to 50% of your contract level may necessitate an increase in
contract hours. Should you no longer choose to undertake Grade 3 work, Home
Care will, wherever possible, endeavour to maintain your current contract
level.
(ii) However, as
per your request the removal of Grade 3 hours may require the Department of
Aging, Disability and Home Care not being able to maintain your current
contract level with Grade 2 work. Home Care reserves the right to return you to
the contract level you were on prior to accepting the additional Grade 3 work
and will notify you prior to your decision becoming effective.
Branch Mgr (Signature)
.......................................... Date: ......../......../..........
I understand the terms and conditions of Clause 17 regarding
my contract hours and accept the above offer.
Employee (Signature)
........................................... Date: ......./......../..........
*******************************************************************
REQUEST TO WITHDRAW FROM UNDERTAKING GRADE 3 WORK
I wish to notify you that effective from pay period ending
....../....../...... that I no longer wish to undertake Grade 3 work as
previously offered. I understand that
as a result of this decision my contract hours may be reviewed back to the
original contract level.
Employee (Signature)
............................................ Date:
........./......./.........
_________________________________________________________________________________________
OFFICE USE ONLY
(Delete whichever is not applicable)
1. Employee
returned to original contract level
2. Employee able
to be maintained on current contract level
Signature:
................................................... Date:
......../......../........
Position held:
................................................................................................................................
Appendix C
OFFER OF A FIXED TERM CONTRACT
Employees Name:
...............................................................................
Employees Address: ...............................................................................
Post Code: ...............
Dear .............................................,
You have recently been successful in obtaining the position
of Care Worker Grade ........ . Your conditions of employment are as follows:
1. Your
conditions of employment will generally be those specified in the Care Worker
Employees - Department of Ageing, Disability and Home Care (State) Award 2006.
Any variation from these conditions will be specified in this contract.
2. You will be
employed for a fixed term. Your employment will commence from
....../....../....... and will cease on ....../......./.......
3. The minimum
number of hours you will be required to work will be .......... per fortnight.
4. Should the
client no longer require services provided by the Department of Ageing,
Disability and Home Care, then you will be provided with four weeks notice of
termination or four weeks payment in lieu of such notice. Such payment would
not be made where services are being terminated on the grounds of misconduct or
unsatisfactory service.
5. Employee’s
will be required to provide the Department of Ageing, Disability and Home Care
with a least 2 week’s notice of intention to terminate the contract.
6. Service
provision guidelines allows the client to have the final say as to the person
who provides such services required by them. For this reason, the Department of
Ageing, Disability and Home Care would consider you to be on trial for a period
of four (4) weeks to assess the compatibility with the client seeking the
Department of Ageing, Disability and Home Care. If during the four (4) week
period the client does not wish to continue the service then your employment
would cease from the close of business upon receipt of that advice or upon the
employment of a suitable replacement which ever is more appropriate.
Should the client for whatever reason decide to seek
the provision of services from the Department of Ageing, Disability and Home
Care but ask that another employee provide such services after the trial
period, the Department of Ageing, Disability and Home Care will provide the
following:
(i) Four (4)
weeks payment in lieu of notice. Such payment would not be made where services
are being terminated on the grounds of misconduct or unsatisfactory service
causing the client to seek services to be provided by another employee of the
Department of Ageing, Disability and Home Care.
7. Due to the
nature of your employment being specific to the needs of a particular
client(s), should that client(s) not require the Department of Ageing,
Disability and Home Care for a specific period of time, which will be in excess
of a week, your employment with the Department of Ageing, Disability and Home
Care will be suspended until the client requires the service to re-commence.
Such suspension of services will be without pay.
Examples of a situation where the client may not require the Department of
Ageing, Disability and Home Care for a given period may be when they do into a
period of hospitalisation or respite care, proceed on holidays or may have a
family member staying with them that will provide the services normally
provided by Home Care.
8. The
provisions of Clause of the above
mentioned Award are not applicable to your employment.
Branch Mgr (Signature):
......................................................... Date:
......./....../......
ACCEPTANCE
I, ................................................... fully
understand and accept the conditions and terms as set out in the above contract.
I accept employment with the Department of Ageing, Disability and Home Care in
the terms of the contract.
Employee (Signature):
.......................................................... Date:
......./....../.......
Appendix D
CARE WORKER SELF
ROSTERING CHECKLIST
Before agreeing to accept new work or changing the day
and/or time of service you currently provide, you must consider the following.
|
Quality Conditions
|
|
|
|
|
1.
|
Is the client happy with the changes being negotiated.
|
YES or no
|
|
|
|
2.
|
Is the change consistent with the CARES principles.
|
YES or no
|
|
|
|
3.
|
Will the change being negotiated maintain either your
health and safety, or the
|
YES or no
|
|
health and safety of your client.
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Award Conditions
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4.
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Will you be taking a break after 5 hours work including travel time (meal, crib
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YES or no
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or break of engagement).
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5.
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Will you be working 8 hours or less in the day.
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YES or no
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6.
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Will you be working 76 hours or less in the fortnight.
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YES or no
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7.
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Will the change mean you have not taken an 8 consecutive
hour break within the
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YES or no
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current 24 hour period.
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8.
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Will the change mean that you remain working within your
agreed availability.
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YES or no
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Cost Care Conditions
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9.
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Will the change maintain your contract hours for the
affected fortnight.
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YES or no
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10.
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Will the change avoid a minimum start.
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YES or no
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11.
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Will the change avoid a break of engagement (break at the
Department of Ageing,
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YES or no
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Disability and Home Care's convenience).
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12.
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Will the change attract a similar penalty rate.
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YES or no
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13.
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Will you be working within your geographical area.
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YES or no
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14.
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For Grade 2 staff only
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YES or no
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|
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Will you be accepting Grade 3 work in the fortnight that
is less than 50% of your
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|
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minimum level of contract hours.
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To nominate for new work offered or make temporary changes
to your current roster, your answers MUST be all YES.
If you answer NO to any of the questions above please seek
advice from your Service Coordinator.
If you require more work, either on a temporary or permanent
basis, you should discuss your request with your Service Coordinator so that
they are aware of your needs.
Appendix E
Guidelines to use when Initiating Changes to Client Service.
The following guidelines have been developed to assist Care
Workers when determining the appropriateness of self-rostering. These guidelines should be used in
conjunction with the Role of Care Workers (see WPI 3) and Care Workers
Self-Rostering Checklist. Advice should
be sought from the Service Coordinator where doubts arise.
1. Care Workers
and clients may approach one another directly to request a change of time and
or day in the following instances:
where the request would result in more efficient and
safer rostering;
where the request would result in work being carried
out more evenly over the span of the day; and
the change genuinely better suits both the client and
the Care Worker.
2. Clients
seeking to change the time and or date of a future service may do so directly
with the Care Worker at the time of the current service. If the request occurs any other time it
should be raised with the Service Coordinator who will negotiate the change
with the Care Worker.
3. In all
situations where the Care Worker or the client seek to re-roster a service to
another time and/or date then both the client and the Care Worker have the
right to refuse the request.
4. Should either
the client or the Care Worker be unwilling to make the change, the request should
not be pursued or held against either party.
5. In the
situation where the client or Care Worker is unable to comply with the request,
the request should be referred to the Service Coordinator immediately for
action.
6. If the Care
Worker is unable to comply with the client's request for an alternative
time/date then the request should be forwarded to the Service Coordinator for
re-rostering to alternative staff.
Appendix F
GUIDELINES FOR GRADING CARE WORK
|
TABLE OF CONTENTS
TITLE
Introduction
Definitions
Grading Care Work
Other Assistance
SCHEDULES
Schedule A - Grading Personal Care Tasks - Examples
Schedule B - Grading - Other Assistance - Examples
Schedule C - Interpersonal Skills
INTRODUCTION
Grading Care Work within the Department of Ageing,
Disability and Home Care
When determining the grade of tasks which a the Department
of Ageing, Disability and Home Care, Care Workers will perform in a household,
the Supervisor will need to establish:
the tasks which are to be performed - personal care,
housework, repetitive upkeep, respite care;
the likely impact on the Worker, or the work to be
performed from, any household factors, -including behaviour, exhibited by the
client or another household member.
The information necessary for grading, will be collected
through:
the assessment/reassessment process;
support/supervision sessions with Care Workers.
DEFINITIONS
Grade 3 care work consists of:
Grade 3 Personal Care tasks
Grade 2 Personal Care, Housekeeping, Repetitive Upkeep
and Respite Care.
Complex work where there is a moderate to pronounced
impact on the work/Worker from client behaviours or household environment. Home
Aides will need to possess a higher level of skill than that required within
Grade 2 work.
All live-in Housekeeping
Grade 2 care work
consists of:
Grade 2 Personal Care tasks
Housekeeping, Repetitive Upkeep and Respite Care where
there is a slight to moderate impact on the work/Worker from client behaviours
or household environment
GRADING CARE WORK
First Step
If Personal Care tasks are to be performed, refer to the
already graded lists to identify whether the work is Grade 3 or Grade 2.
Grade 3 - Personal Care work requires a Grade 3 Worker:
Personal Care Grade 3 task
Home Care Worker Grade 3
Grade 2 - Personal Care work requires a Grade 2 or Grade 3
Worker.
Personal Care Grade 2
Home Care Worker Grade 2 or Grade 3.
Second Step
When Grade 2 Personal Care or other assistance is being
provided, it is necessary to consider the impact of household factors such as
client behaviours in order to grade the work.
The more pronounced the impact the higher the level of
interpersonal skills required of the Worker.
Moderate to pronounced impact would require a Worker
with advanced interpersonal skills - Grade 3
Slight to moderate impact would require a Worker with
basic interpersonal skills - Grade 2 or Grade 3
When there is moderate impact the work may be Graded by
deciding whether it would be necessary to replace an existing Grade 2 Worker
with a Grade 3 Worker who has advanced interpersonal skills.
OTHER ASSISTANCE
Pronounced impact from client
|
Grade 3 Work. Home Care Worker
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Advanced Interpersonal Skills
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behaviours/other household
|
Grade 3
|
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factors.
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|
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Moderate Impact
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Grade 2 Work
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Basic Interpersonal Skills
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Slight Impact
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Home Care Worker Grade 2 or
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Basic Interpersonal Skills
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Grade 3
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Personal Care
All personal care tasks have been graded either as Grade 3
or Grade 2.
The criteria used for grading personal care tasks, is
detailed below.
Level of assistance needed (Grade 2 tasks involve some
assistance to the clients, Grade 3 tasks involve a high degree or total
assistance)
Who is responsible (is the client/carer responsible or
is the care Worker responsible)
Bodily intrusion
The above criteria apply to Personal Care only, not other
assistance provided in the household.
Showering/
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* Showering/Bathing adults and children
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* Assisting client to shower/bath self or
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Bathing
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with severely limited/uncontrollable body
|
totally showering/bathing client except
|
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movements
|
where client has severely
|
|
|
limited/uncontrollable body movements
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* Total bed bath/sponge where there is
|
|
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severely limited/uncontrollable body
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* Assisting with mobility or transferring
|
|
movements or serious comfort/health
|
to and from shower/bath except with
|
|
consideration
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clients who have severely
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|
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limited/uncontrollable body movements
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|
|
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* Assisting or transferring client to
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|
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commode chair except where client has
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|
|
severely limited/uncontrollable body
|
|
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movements
|
|
|
|
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* Supervising children’s bath
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* Bathing a baby
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* Total bed bath/sponge - exceptions
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Grade 3
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Toileting
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* Assisting in placement, removal,
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* Helping people to the toilet
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emptying, care and cleaning of sheaths and
|
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leg baths
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* Assisting people to use the toilet by
|
|
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loosening clothing
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* Assisting with indwelling catheterisation
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|
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by changing collection bag and cleaning
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* Assisting client to change own
|
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around the insertion site
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incontinence and sanitary pads
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|
|
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* Changing or assisting with urinary
|
* Changing clients urinary incontinence
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diversion - colostomy and drainage bags
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pads
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|
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* All bowel management except changing
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* Assisting clients with bottles
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babies nappies and toileting children
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|
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* Assisting self-catheterisation by holding
|
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* Continual caring of someone with bowel
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mirror or positioning legs except where
|
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incontinence including washing person
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there is severely limited/uncontrollable
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body movements
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* Changing bowel incontinence pads
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* Changing babies nappies, toileting
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* Responsibility for sterilising glass
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children
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catheters for people using intermittent
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catheters
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Menstrual
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* Changing tampons and sanitary pads
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* Assisting with menstrual care
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Care
|
|
|
Skin Care
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* Changing dressings on pressure areas,
|
* All skin care, eg: application of cream,
|
|
ulcers, burns, wounds, cuts and grazes only
|
rubbing pressure areas with lotions etc
|
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in circumstances outlined in Service Policy
|
except where dressings are involved
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Manual
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|
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* Application of treatment creams to genital
|
|
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area
|
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Nasal Care
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* Cleaning noses
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|
Grooming
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* All dressing/undressing where there are
|
* All hair care
|
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severely limited/uncontrollable body
|
|
|
movements
|
* Limited care of nails as details in Service
|
|
|
Policy Manual
|
|
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* Shaving: Where there are uncontrollable
|
|
|
body movements use electric razors only.
|
|
|
(All other shaving - electric razors
|
|
|
recommended).
|
|
|
|
|
|
* All dressing/undressing or assistance with
|
|
|
dressing/undressing except where there is
|
|
|
severely limited/uncontrollable body
|
|
|
movements
|
Oral Hygiene
|
|
* Assisting client with their own care of
|
|
|
teeth or dentures
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|
|
|
|
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* Care of teeth and dentures for the client
|
|
|
by using tooth brush/tooth paste/oral
|
|
|
solutions only
|
Oral
|
|
* Assisting client with or administering
|
Medication
|
|
liquid medicines, pills, powders, nose and
|
|
|
eye drops according to Service
|
|
|
Policy Manual.
|
Medication
|
* Suppositories
|
|
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|
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* Giving insulin injections in circumstances
|
|
|
outlined in Service Policy Manual.
|
|
|
|
|
Transferring/
|
* Assisting clients to turn/sit where clients
|
* Transferring client in and out of bed/chair/
|
Mobility
|
can offer limited/no assistance with weight
|
car and assisting with mobility - exceptions
|
|
bearing
|
see Grade 3
|
|
|
|
|
* Using mechanical aids to lift and transfer
|
* Assisting clients to turn or sit up -
|
|
clients
|
exceptions see Grade 3
|
|
|
|
|
Assisting client with transfers/mobility
|
|
|
where:
|
|
|
* client can offer limited/no assistance with
|
|
|
weight bearing
|
|
|
|
|
|
* particularly careful handling is required
|
|
|
because of the client’s health/disability
|
|
|
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|
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* some lifting or physically awkward
|
|
|
movement is involved for staff in the
|
|
|
transfer/mobility of clients
|
|
Fitting of
|
|
* Such as splints and callipers
|
Aids/
|
|
|
Appliances
|
|
|
Therapy
|
* Assisting with therapy in any of the
|
* Assisting with therapy in any of the
|
|
following circumstances:
|
following circumstances:
|
|
- high degree of assistance is involved
|
- low level of assistance is involved
|
|
- Care Workers have total responsibility
|
- carer/therapist is on site or client is able to
|
|
because client is unable to take
|
take responsibility for the therapy or
|
|
responsibility for the therapy and
|
carer/therapy is on site
|
|
carer/therapist is not on site
|
- simple instructions required rather than
|
|
- Specialised training/knowledge is required
|
specialised training/knowledge
|
Assisting
|
* Assisting with eating where a risk of
|
* Assisting where there are no eating
|
with Eating
|
choking, vomiting or other eating difficulty
|
difficulties
|
|
is involved
|
|
OTHER ASSISTANCE (Not Grade 3 Personal Care Tasks)
When determining the grading for tasks other than Grade 3
Personal Care -Housework, Repetitive Upkeep and Respite Care - the Branch
Manager or their delegate will need to consider the following:
What is the likely impact on the Worker, or the work to
be performed from any household factor - including behaviours exhibited by the
client or another household member.
Is the impact likely to be slight, moderate or
pronounced because of some difficulty with client behaviour or household
environment.
Examples of household factors which will often but not
always have a significant impact on the work/Worker:
restless, wandering behaviour;
verbal abuse, aggression;
hearing or speech impairment which seriously affects
communication;
extreme stress present due to household member with
acute/terminal illness loss/bereavement;
households where children have been notified to DOCS as
At Risk;
households where adults are at risk of abuse;
domestic violence;
where there is a severe allergy which requires
additional care with the tasks;
The more pronounced the impact of household factors on care
work, the higher the level of interpersonal skills required of the worker.
Moderate to pronounced impact would require a Worker
with advanced interpersonal skills - Grade 3
Slight to moderate impact would require a Worker with
basic interpersonal skills - Grade 2 or Grade 3
For examples of interpersonal skills see Schedule C.
For examples of grading other Assistance see Schedule B.
SCHEDULE A
GRADING PERSONAL
CARE TASKS
Examples of Grading Personal Care with respect to the
following criteria:
Level of assistance needed (Grade 2 tasks involve some assistance
to the clients, Grade 3 tasks involve a high degree or total assistance)
Who is responsible (is the client/carer responsible or
is the care Worker responsible)
Bodily intrusion
Example - Grade 3 Personal Care
Providing total bowel care for a severely disabled
client while their carer leaves for a break.
Analysis of the task according to the factors above:
Total assistance
Care Worker totally responsible while carer is away
Bodily intrusion
Example - Grade 2 Personal Care
Assisting client to wash and dry their own hair. Analysis of the task according to the
factors above:
Some assistance
Client is responsible
No bodily intrusion
SCHEDULE B
GRADING OTHER
ASSISTANCE
Examples of Grading other assistance with respect to the following
criteria:
Slight, moderate or pronounced impact on work/Worker
Level of interpersonal skills required by Worker
Examples - Grade 3
A. Providing
housekeeping assistance to a disabled client who displays aggressive behaviour
and who is often verbally abusive. This
behaviour results from a brain injury.
The likely impact on the work or Worker is moderate to
pronounced, depending on the frequency of the aggressive behaviour and the
presence of other adults in the household.
Worker will need advanced level of interpersonal skills
to be able to perform the tasks, for example: assertiveness skills to deal with
the aggression and abuse - knowledge of the client’s condition and
understanding of the effect on the client’s behaviour - negotiating skills to
request assistance or change arrangements, if necessary.
B. Assisting
disabled adult female to shower, wash her hair and dress. Severe arthritis impairs the client’s
ability to assist. The Worker cooks tea
for the client in the evening, the client can feed herself. However, the client often experiences severe
depression which results in her becoming withdrawn and passive.
The impact of the client's condition on the work or
Worker is likely to be moderate to pronounced as the work may take longer to
perform and be more difficult for the Worker because of the client's passivity
and depression.
Worker will need advanced level of interpersonal skills
to be able to direct the client or to carry out tasks on own initiative at
times when the client is depressed - to be sensitive to the client’s behaviour
and have advanced listening skills and empathy with the client.
Examples - Grade 2
A. Providing
activities for a blind adolescent girl as part of respite care. The worker will be following a plan which the
carer has previously discussed and outlined.
The carer is away from the home for the duration of the respite
assistance.
The client's behaviour would have a slight to moderate
impact on the work or Worker. The
worker would need a basic level of interpersonal skills.
B. Providing
housekeeping assistance to an elderly woman who has severe asthma and heart
problems. The impact on the work or worker is slight to moderate, depending on
the client’s health stability. The
worker would need basic interpersonal skills, eg. ability to respond in a
crisis.
SCHEDULE C
INTERPERSONAL
SKILLS
Basic
Interpersonal Skills - Care Worker Grade 2
The following list consists of examples of interpersonal
skills which a Care Worker Grade 2 is expected to have acquired to a basic
level.
Listening skills
Empathy
Ability to respond appropriately in crisis situations
Ability to take appropriate action
Knowledge of disabilities
Understanding of client behaviour
Flexibility
Sensitivity and tolerance
Assertiveness
Awareness of communication difficulties
Ability to give clear and simple information
Ability to elicit clear directions from client/carer
Ability to use different communication methods, eg.
communication board
Self-awareness
Genuineness/respect for client
Acceptance of client condition/lifestyle
Maintaining objectivity
Advanced
Interpersonal Skills - Care Worker Grade 3
The following list consists of examples of interpersonal
skills which Grade 3 Workers are expected to have acquired to an advanced
level.
Empathy
Ability to direct client or carry out plan/action on
own initiative
Ability to respond appropriately in crisis situations
Ability to take appropriate action
Knowledge of disabilities
Understanding of client behaviours
Flexibility
Sensitivity and tolerance
Assertiveness
Awareness of communication difficulties
Ability to give clear and simple information
Ability to elicit clear directions from client
Ability to clarify communication
Ability to use different communication methods, eg.
communication board
Listening skills, includes active listening and
listening to non-verbal behaviour
Self-awareness
Genuineness/respect for client
Acceptance of client condition/lifestyle
Ability to negotiate with household about the tasks performed
Maintaining objectivity
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.