CROWN EMPLOYEES (NURSES, DEPARTMENT OF JUVENILE JUSTICE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to
section 19 of the Industrial Relations
Act 1996.
(No. IRC 979 of 2001)
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Before the Honourable Mr Deputy
President Harrison
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30 May and 21 June
2001
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REVIEWED AWARD
1. ARRANGEMENT
Clause No Subject Matter
10. Additional Annual Leave
11. Annual Leave Loading
19. Area Incidence and Duration
7. Casual Employees
2. Definitions
3. General Conditions of Employment
16. Grievance and Dispute Resolution Procedures
4. Hours of Duty
14. Higher Duties Allowance
12. Meals and Meal Breaks
17. No Extra Claims
5. Notice of Change of Roster
8. Part Time Employment
13. Rates of Pay
6. Rostered Days Off
18. Savings Clause
9. Shift Work and Overtime
15. Uniform and Protective Clothing
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates
and Allowances
2. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have the respective meanings
assigned to them:
"Act" means the Public Sector Management Act 1988.
"Association" means the New South Wales Nurses’
Association of 43 Australia Street, Camperdown, New South Wales.
"Clinical Nurse Specialist" means A registered
nurse with relevant post-basic qualifications and 12 months’ experience working
in the clinical area of his/her specified post-basic qualification or a minimum
of four years’ post-basic registration experience, including three years’
experience in the relevant specialist field and who satisfies the local
criteria.
"Clinical Nurse Consultant 1" means a registered
nurse appointed as such to a position approved by the Department of Juvenile
Justice, who has had at least five years full time equivalent post-basic
registration experience and in addition who has approved post registration
nursing qualifications relevant to the field in which he/she is appointed, or
such other qualifications or experience deemed appropriate by the Department of
Juvenile Justice.
"Clinical Nurse Consultant 2" means a registered
nurse appointed as such to a position approved by the Department of Juvenile
Justice, who has had at least five years full time equivalent post-basic
registration experience, with at least three years full time equivalent
experience in a specialty field. In addition, the nurse must have approved
postgraduate nursing qualifications relevant to the field in which he/she is
appointed, or such other qualifications or experience deemed appropriate by the
Department of Juvenile Justice. An employer may also require a higher
qualification in the specialist-nursing field where such a qualification is
considered essential for the performance of the individual position.
"Clinical Nurse Consultant 3" means a registered
nurse appointed as such to a position approved by the Department of Juvenile
Justice, who has had at least seven years full time equivalent post-basic
registration experience, with at least five years full time equivalent
experience in a specialty field. In addition, the nurse must have approved
postgraduate nursing qualifications relevant to the field in which he/she is
appointed, or such other qualifications or experience deemed appropriate by the
Department of Juvenile Justice. An employer may also require a higher
qualification in the specialist-nursing field where such a qualification is
considered essential for the performance of the individual position.
"Day Worker" means an employee who works her/his
ordinary hours from Monday to Friday inclusive and who commences work on such
days at or after 6am and before 10am, otherwise than as part of the shift
system.
"Department" for the purposes of this award means
the New South Wales Department of Juvenile Justice as listed in Schedule 1 of
the Act.
"Employee" means, for the purposes of this award,
a person who holds a position for which a nursing qualification is an essential
requirement and is employed within the Department of Juvenile Justice.
"Employer", for the purposes of this award means
the Public Employment Office
"Enrolled Nurse" means a person enrolled by the
Board as such.
Manager, Nursing/Health Services" means a registered
nurse who is responsible for the overall management of nursing services in the
Department of Juvenile Justice system.
"Nursing Unit Manager" means a registered nurse in
charge of a ward, clinic or unit or group of wards, clinics or units in a
Juvenile Justice facility/service and shall include:
"Nursing Unit Manager Level 1" whose
responsibilities include:
(a) Co-Ordination
Of Patient Services:
liaison with all health care disciplines for the provision
of services to meet patient needs.
the orchestration of services to meet patient needs after
discharge;
monitoring catering and transport services.
(b) Unit
Management:
implementation of Juvenile Justice Service policy;
dissemination of information to all personnel;
ensuring environmental safety;
monitoring the use and maintenance of equipment;
monitoring the supply and use of stock and supplies;
monitoring cleaning services.
(c) Nursing Staff
Management:
direction, co-ordination and supervision of nursing
activities;
training, appraisal and counselling of nursing staff;
rostering and/or allocation of nursing staff;
development and/or implementation of new nursing practice
according to patient need.
"Nursing Unit Manager Level 2", whose
responsibilities in relation to patient services ward, clinic or unit
management and staff management are in excess to those of a Nursing Unit
Manager Level 1.
"Nursing Unit Manager Level 3" whose
responsibility in relation to patient services ward, clinic or unit management
and staff management are in excess of those of a Nursing Unit Manager Level 2.
"Registered Nurse" means a person registered by
the Nurses’ Registration Board as such.
"Regulation" means the Public Sector Management
(General) Regulation 1996.
"Shift Worker" means an employee who is not a day
worker as defined.
3. General Conditions
Of Employment
Except as otherwise provided in this award, Department of
Juvenile Justice employees shall be entitled to, and shall observe, the
conditions of employment applicable to public servants. That is, the conditions
of employment covering persons employed in organisations listed in Schedule 1
of the Public Sector Management Act 1988
and the Regulation and as contained from time to time in the Public Service
Personnel Handbook and the Crown Employees (Public Service Conditions of
Employment) Award 1997 as amended from time to time. The conditions of employment referred to above include but are
not limited to annual leave, long service leave, sick leave and parental leave.
4. Hours Of Duty
(a) The ordinary
hours of work for full time employees, "day workers", as defined in
clause 2 of this award, shall be an average of 38 per week to be worked Monday
to Friday inclusive in each 28-day roster cycle.
(b) The ordinary
hours of work for "shift workers", as defined in clause 2 of this
Award, shall not exceed an average of 38 hours per week in each 28-day roster
cycle.
5. Notice Of Change
Of Roster
A shift worker who is required to change from one shift to
another shift shall, where practicable, be given forty eight (48) hours notice
of the proposed change. Where a change occurs with less than 24 hours notice,
all time worked outside that shown on the employee’s roster (prior to
alteration) shall be paid for at overtime rates.
6. Rostered Days Off
(a) The hours of
work prescribed in clause 4 above, shall be worked on the basis of a rostered
day off in each 20 working days of a 28-day roster cycle. Employees shall
accrue 0.4 of an hour each 8-hour day towards having the 20th day off with pay,
subject to subclauses (c) and (d) of this clause.
(b) An employees
rostered day off shall be determined by the Department having regard to the
needs of its operation. Where practicable, rostered days off shall be
consecutive with other days off.
(c) Once set the
rostered day off may not be changed in a current 28 day roster cycle without
agreement between the employee and his or her supervisor unless there are
genuine unforeseen circumstances prevailing. Where such circumstances exist and
the rostered day off is changed another day shall be substituted in the current
cycle. Should this not be practicable the rostered day must be given and taken
in the next roster cycle.
(d) The maximum
number of rostered days off prescribed in subclause (a) shall be 12 days per
year. There shall be no accrual of rostered days off. Where an employee’s
rostered day off falls during a period of sick leave, the employee’s available
sick leave shall not be debited for that day.
(e) Part-time
employees, due to the terms of engagement, are paid for all time worked as
there is no accrual of time for rostered days off.
7. Casual Employees
(a) A casual
employee is one engaged on an hourly basis otherwise than as a full-time or
part-time employee.
(b) A casual
employee may only be engaged in the following circumstances:
(i) For short
term periods where there is a need to supplement the workforce arising from
fluctuations in the needs of the centre;
(ii) On escort
duties;
(iii) In place of
another employee who is absent; or
(iv) In an
emergency.
(c) A casual
employee shall be paid on an hourly basis of one thirty eighth of the
appropriate rate prescribed plus 15 per centum thereof with a minimum payment
of four (4) hours for each engagement.
(d) A casual
employee shall be entitled to shift allowances where a shift commences prior to
6 a.m. or finishes subsequent to 6 p.m.
(e) For weekend
and public holiday work, casual employees shall in lieu of all other penalty
rates and the 15% casual loading receive the following rates;
(i) Time and one
half for work between midnight Friday and midnight Saturday;
(ii) Time and
three quarters for work between midnight Saturday and midnight Sunday; and
(iii) Double time
and one half for work on a public holiday.
(f) On
termination a casual employee shall be paid 1/12th of ordinary earnings in lieu
of recreation leave.
(g) A casual
employee’s employment may be terminated for any reason by the giving of one
hours’ notice by either party.
8. Part Time
Employment
(a) The Department
is committed to providing part-time work opportunities where practicable. Such
arrangements should provide flexibility for effective use of resources for the
Department’s operation and be of benefit to staff.
(b) Part-time
arrangements must be acceptable to both the Department and the employee and
shall be in accordance with the Flexible Work Practices Policy and Guidelines
issued by the Public Employment Office.
(c) For the
purposes of this award, a part time employee is one appointed to work a
specified number of hours each week, up to thirty two (32) hours in any full
week of seven days.
(d) Part time employees
shall be paid an hourly rate calculated on the basis of one thirty eighth of
the appropriate rate prescribed with a minimum payment of four (4) hours for
each start.
(e) In an
emergency part-time employees may work more than thirty two in one week and in
each such case will be paid for the hours actually worked.
(f) Where a
part-time employee works more hours than the rostered ordinary hours of work
for full-time employees engaged on a shift they shall be paid overtime at the
appropriate rate prescribed. Where there are no such full-time employees on
that shift in the centre concerned, all time in excess of 8 hours per day,
shall be paid for at the appropriate rate prescribed.
(g) Unless stated
otherwise in this award, part-time employees shall be entitled to all other
benefits of this award in proportion to their ordinary hours of work.
9. Shift Work And
Overtime
Shift work and overtime shall be paid in accordance with
clause 15 of the Crown Employees (Public Service Conditions of Employment) Award
1997. Furthermore shift workers shall receive the entitlement set out in
paragraph 15(ii)(h) of that award, where applicable.
10. Additional Annual
Leave
(a) (i) This clause does not apply to part time
employees.
(ii) Subject to
subclause (iii) hereunder, employees rostered to work their ordinary hours on
Sundays and/or public holidays shall, on completion of a qualifying period as
defined hereunder, be credited with additional annual leave on the following
basis:
Number of ordinary 8-hour shifts
worked on Sundays and/or public Additional Leave
holidays during a qualifying period
4 to 10 1 day additional annual leave
11 to 17 2 days additional annual leave
18 to 24 3 days additional annual leave
25 to 31 4 days additional annual leave
32 or more 5 days additional annual leave
"Qualifying period" for the purpose of this award
shall mean the period of twelve months concluding on the day prior to the
anniversary of the date of employment of an employee.
(iii) Provided
that, on termination of employment, an employee shall be entitled to be
credited with additional leave accrued in respect of an uncompleted qualifying
period in accordance with the above scale.
(b) Where the
employer and employee so agree, the employee may receive, in lieu of the
additional leave prescribed in subclause (a) above, payment at the rate of
one-fifth of one week’s ordinary salary for each additional days leave to which
the employee is entitled, provided, however, that an employee seeking the
employer’s agreement to such payment must apply to the employer in writing
three months prior to the date of his/her entitlement under subclause (ii)
above.
11. Annual Leave
Loading
(a) Employees
under the terms of this award (other than casual employees and those specified
in subclause (b) of this clause), are entitled to the payment of an annual
leave loading of 17.5% on the monetary value of 4 weeks annual leave.
(b) Shift workers
employed under this award shall be paid, when proceeding on annual leave,
either:
(i) the shift
premiums and penalty rates they would have received had they not been on annual
leave, or
(ii) 17.5% loading
on the monetary value of four weeks ordinary pay, plus 17.5% loading on the
whole of the additional annual leave to which they are entitled under clause
10, Additional Annual Leave, of this award,
whichever is the greater.
(c) In addition to
(a) and (b) of this clause, the provisions of the Crown Employees (Public
Service Conditions of Employment) Award 1997, Clause 14 Leave, subclause (v)(d)
to (f) shall also apply.
12. Meals And Meal
Breaks
Meals and meal breaks are to be taken, due to the direct
care nature of work, with and at the allocated meal times for clients in care.
However where practicable to the operation of a centre, local arrangements with
the management may be substituted.
13. Rates Of Pay
The minimum rates of pay per week to be paid to employees
shall be set out in Part B Monetary Rates of this award.
14. Higher Duties
Allowance
(a) Employees
covered by this award are entitled to be remunerated at a higher level for
assuming the duties and responsibilities of a more senior position, provided
that the minimum period of relief is one full eight-hour shift.
(b) The allowance
payable shall be calculated on the basis of the minimum salary applicable to
the higher position.
(c) A registered
nurse who is designated to be in-charge of a ward, unit or clinic during the
day, evening or night shifts when the Nursing Unit Manager is not rostered for
duty shall be paid an allowance as set out in Table 2 of Part B per shift.
15. Uniform And
Protective Clothing
(a) Sufficient and
serviceable uniforms or overalls shall be supplied, free of cost, to each
employee required to wear them; provided that any employee to whom a new
uniform or part of a uniform has been supplied by the Department who without
good reason, fails to return the corresponding article last supplied, shall not
be entitled to have the article replaced without payment at a reasonable price.
(b) An employee on
leaving the Department shall return any uniform or part thereof supplied by the
Department, which is still in use, by that employee immediately prior to
leaving.
(c) If the uniform
of an employee is not laundered at the expense of the Department, an allowance
set out in Part B monetary rates of this Award shall be paid to the employee.
(d) The uniform
allowance is payable to full-time and part-time employees but shall not be paid
to casual employees.
(e) Each employee
whose duties require him/her to work in the rain will be supplied with suitable
protective clothing upon request.
(f) Each employee
whose duties require him/her to work near machinery shall be supplied with
appropriate protective clothing and equipment.
16. Grievance And
Dispute Resolution Procedures
(a) Grievance
Procedures-
(i) A grievance
is any work related problem or concern or complaint raised by an employee that
effects people as individuals (rather than say as a member of a classification
or an employee in a particular workplace).
(ii) Where
individuals have a grievance the matter may be dealt with in terms of the
Department’s Grievance Resolution Policy and Procedures.
(iii) Where a
matter relates to a concern about employment conditions for an employee(s)
covered by this award, then it should be dealt with in terms of the Dispute
Resolution Procedures.
(b) Dispute
Resolution Procedures-
(i) The intent of
this procedure is to ensure that industrial matters or disputes are prevented
or resolved as quickly as possible at the level they occur in the workplace.
For the purposes of this procedure industrial matters or disputes are
distinguished from grievances dealt with under departmental grievance handling
procedure eg. complaints of discrimination.
(ii) When a
dispute arises, or is considered likely to occur, the following procedures are
to be followed:
(a) When a dispute
arises at a particular work location, discussions should be held between the
employee(s) concerned and the immediate supervising officer;
(b) failing
resolution of the issues at that level, further discussions should take place
between the employee(s), the relevant local delegate or employee representative
and the supervising officer or manager;
(c) if the dispute
remains unresolved the local delegate should refer the matter to an Association
official who will confer with the Manager of the Centre, Unit or the
department’s operation in question;
(d) if the matter
still remains unresolved the association official should confer with the
relevant Cluster Director: and
(e) if the dispute
is not resolved, the matter is to be referred to the Industrial Relations
Officer or the Manager Human Resources who will assume responsibility for
liaising with the Senior Executive of the Department and advise the Association
of the Department’s final position.
(f) nothing in
this subclause shall interfere with the Association’s right to assist any of
its members at any stage of the dispute resolution process.
(iii) In cases
where a dispute is premised on an issue of safety, and is unable to be quickly
resolved at the local level, the matter may be referred to the Industrial
Relations Officer, the Occupational Health and Safety Coordinator or the
Manager, Human Resources for urgent consultation with the Association with a
view to resolving such safety issue.
(iv) Whilst the
procedures are being followed, work bans, limitations or any stoppages of work
should not take place.
(v) The status quo
before the emergence of the issue must continue whilst these procedures are
being followed. For this purpose ‘status quo’ means the work procedures and
practices in place:
(i) immediately
before the issue arose; or
(ii) immediately
before any change to those procedures or practices, which caused the issue to
arise, was made.
The employer must ensure that all practices applied during
the operation of these procedures are in accordance with safe working
practices.
(vi) Throughout all
stages of these procedures, adequate records must be kept of all discussions.
(vii) Reasonable
time limits must be allowed for discussion at each step of the procedure.
(viii) If the matter
remains unresolved at the completion of all steps to the procedure it may be
referred to the NSW Industrial Relations Commission.
17. No Extra Claims
The Association undertakes not to pursue any new salaries or
conditions claims arising from negotiation of productivity and efficiency
improvements covered by the Memorandum of Understanding between the NSW
Government and the Association dated 2 March 2000.
18. Savings Clause
No employee is to suffer a loss in salary or conditions as a
result of the implementation of this award.
19. Area, Incidence
And Duration
(a) This award
applies to all employees as defined in Clause 2 Definitions, employed within
the Department.
(b) This award
replaces the following industrial instruments:
(i) The Juvenile
Justice (NSW) Enterprise Agreement, 1994 - Health and Research Employees
Association (NSW) in so far as it applies to nurses, and
(ii) Nurses
Determination, Department of Family and Community Services (No.883 of 1990).
(c) This award
replaces the Crown Employees (Nurses, Department of Juvenile Justice) Award
published 17 December 1999 (312 I.G 929), and shall take effect from the
beginning of the first pay period to commence on or after 1 January 1999 and
shall remain in force thereafter until 31 December 1999.
(d) In relation to
the positions of Clinical Nurse Consultants Grades 1,2,3, Nursing Unit Managers
Levels 1,2,3 and the position of Manager, Nursing/Health Services which appear
in Clause 2, Definitions, and in relation to Clause, 14 Higher Duties
Allowance, subclause (c) it shall take effect the first pay period to commence
on or after 30 November 2000.
PART B
MONETARY RATES
Table 1-Salaries
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Per week $
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Enrolled Nurse
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First year of service
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533.90
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Second year of service
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553.00
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Third year of service
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579.50
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Fourth year of service
|
603.70
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Thereafter
|
620.60
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Registered Nurse -
|
|
|
|
|
|
First year of service
|
643.10
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Second year of service
|
663.00
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Third year of service
|
699.30
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Fourth year of service
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735.50
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Fifth year of service
|
774.10
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Sixth year of service
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812.20
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Seventh year of service
|
850.80
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Eighth year of service
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894.50
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Clinical Nurse Specialist
|
931.30
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Clinical Nurse Consultant (appointed prior to 31/12/99)
|
1145.20
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Clinical Nurse Consultant
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Grade 1 1st year
|
1111.70
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2nd
year
|
1132.70
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|
|
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Grade 2 1st year
|
1155.40
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2nd
year
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1178.00
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Grade 3 1st year
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1223.40
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2nd
year
|
1246.00
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Nursing Unit Manager
|
|
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Level 1
|
1124.40
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Level 2
|
1178.40
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Level 3
|
1210.10
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Manager, Nursing/Health Services
|
|
|
First Year of Service
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1540.50
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Second Year of Service
|
1563.40
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Table 2- Other Rates and Allowances
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Uniform Allowance
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4.92 per week
|
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In Charge Ward, unit or clinic in absence of NUM
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15.15per shift
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R. W. HARRISON D.P.
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Printed by the authority of the Industrial Registrar.