PUBLIC HOSPITAL NURSES' (STATE) INTERIM AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by New South
Wales Nurses' Association, industrial organisation of employees.
(No. IRC 3810 of 2000)
|
Before The Honourable
Justice Wright, President
|
12 June 2002
|
|
The Honourable Justice
Boland
|
|
|
Commissioner Patterson
|
|
AWARD
Part A
1. Arrangement
PART A
Clause No. Subject Matter
34. Accommodation
and Board
26. Annual
Leave
27. Annual
Leave Loading
44A. Anti-discrimination
49. Area,
Incidence and Duration
1. Arrangement
18. Car
Allowance
11. Climatic
and Isolation Allowances
47. Deduction
of Union Membership Fees
3. Definitions
37. Deputy
Directors of Nursing, Assistant Directors of Nursing
44. Disputes
40. Domestic
Work
22. Escort
Duty
45. Exemptions
13. Fares and
Expenses
35. Grading
Committee
36. Gradings
of Positions of Nurse Managers
20. Higher
Grade Duty
6. Hours of Work and Free Time of Directors
of Nursing and Area Managers, Nurse Education
4. Hours of Work and Free Time of Employees
Other Than Directors of Nursing and Area Managers, Nurse Education
42. Labour
Flexibility
48. Leave
Reserved
29. Long
Service Leave
39. Medical
Examination of Nurses
31. Military
Leave
17. Mobility,
Excess Fares & Travelling
2. No Extra Claims
16. Nurses on
Secondment
21. Overtime
30. Parental
Leave
25. Part-time,
Casual and Temporary Employees
23. Payment
and Particulars of Salaries
12. Penalty
Rates for Shift Work and Weekend Work
28. Personal
Carers’ Leave
5. Pilot Roster Projects
38. Proportion
18A. Provision of
Communication Device
24. Registration
or Enrolment Pending
32. Repatriation
Leave
43. Right of
Entry
7. Rosters
8. Salaries
46. Salary
Packaging
8A. Salary
Sacrifice to Superannuation
33. Sick Leave
10. Special
Allowances
14. Special
Rates and Conditions
15. Telephone
Allowance
41. Termination
of Employment
9. Transitional Arrangements - Registered
Nurse Incremental Scale
19. Uniform
and Laundry Allowances
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
2. No Extra Claims
It is a term of this award that 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.
3. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have the respective meanings
assigned to them:
"ADA" means the adjusted daily average of occupied
beds, calculated in accordance with the following formula:
ADA = Daily Average + Neo-natal Adjustment + Non-inpatient
Adjustment
Where:
|
Daily Average =
|
Total Occupied
Bed Days for the Period Less Unqualified Baby Bed Days
|
|
|
Number of Days in
the Period
|
|
|
|
|
Neo-natal Adjustment =
|
Total Bed Days
of Unqualified Babies for the Period
|
|
|
2 X Number of Days
in the Period
|
|
|
|
|
Non-inpatient =
|
Total NIOOS
Equivalents for the Period
|
|
|
10 X Number of Days
in the Period
|
Note: Total NIOOS Equivalents for the Period equals the
individual NIOOS plus the equivalent number of Group NIOOS (Non-inpatient Group
Sessions * 1.3) plus the equivalent number of Dental NIOOS (Non-inpatient
Dental Flow * 3.8).
"Area Health Service" means an Area Health Service
established pursuant to the provisions of the Area Health Services Act of 1986, including all hospitals,
facilities and other health services under the control and management thereof.
"Area Manager, Nurse Education" - refer to
Schedule 1, Nurse Managers.
"Assistant in Nursing" means a person, other than
a registered nurse, trainee or enrolled nurse, who is employed in nursing
duties in a hospital.
"Assistant Director of Nursing" - refer to
Schedule 1, Nurse Managers.
"Association" means the New South Wales Nurses'
Association.
"Board" means the Nurses' Registration Board of
New South Wales.
"Clinical Nurse Educator" means a registered nurse
with relevant post-registration certificate qualifications, who is required to
implement and evaluate educational programs at the ward/unit level. The
Clinical Nurse Educator shall cater for the delivery of clinical nurse
education in the ward/unit level only.
A nurse will achieve Clinical Nurse Educator status on a
personal basis by being required by the Hospital/Area Health Service to provide
the educational programs detailed above.
Nothing in this clause shall affect the role carried out by the Clinical
Nurse Specialist as a specialist resource and the Clinical Nurse Consultant in
the primary role of clinical consulting, researching, etc.
"Clinical Nurse Specialist" means:
A registered nurse with relevant post-basic qualifications
and twelve 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 Grade 1" means: a
registered nurse appointed as such to a position approved by the Area Health
Service, who has at least 5 years full time equivalent post 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 Area Health
Service.
"Clinical Nurse Consultant Grade 2" means: a
registered nurse appointed as such to a position approved by the Area Health
Service, who has at least 5 years full time equivalent post registration
experience, with at least 3 years full time equivalent experience in the
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 Area Health Service.
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 Grade 3" means: a registered nurse appointed as such to a
position approved by the Area Health Service, who has at least 7 years full
time equivalent post registration experience, with at least 5 years full time
equivalent experience in the 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 Area Health Service. 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.
"Consultation" means that the employer must notify
the Association of the proposal or issue in question, give the Association
adequate time to consider the matter and respond to the employer, and the
Association’s views (where expressed) must be taken into account by the
employer in arriving at a decision.
"Corporation" means the Health Administration
Corporation.
"Day Worker" means a worker who works her/his
ordinary hours from Monday to Friday inclusive and who commences work on such
days at or after 6 am and before 10 am, otherwise than as part of the shift
system.
"Department" means the Department of Health of New
South Wales.
"Deputy Director of Nursing" - refer to Schedule
1, Nurse Managers.
"Enrolled Nurse" means a person enrolled by the
Board as such.
"Enrolled Nurse - Special Grade" means an enrolled
nurse, with an Advanced Certificate qualification and a minimum of six years
full time equivalent post enrolment experience, including three years full time
equivalent experience in the relevant clinical area. Such a nurse is appointed
to a position established by an Area Health Service which satisfies the
criteria as agreed between the Association and the New South Wales Health
Department from time to time.
"Experience" in relation to a trainee enrolled
nurse or assistant in nursing, means experience both before and/or after the
commencement of this Award, whether within New South Wales or elsewhere and, in
the case of a trainee enrolled nurse, enrolled nurse or assistant in nursing
who was formerly a student nurse, includes experience as such student nurse.
"Hospital" means any institution or organisation
established for the relief of persons to which any of the provisions of the Public Hospitals Act 1929 apply.
"Industry of Nursing" means the industry of
persons engaged in New South Wales in the profession of nursing in public
hospitals and area health services.
"Manager, Nurse Education" - refer to Schedule 1,
Nurse Managers.
"Nurse Educator" means a registered nurse with a
post-registration certificate, who has relevant experience or other appropriate
qualifications and who is appointed to a position of Nurse Educator.
A Nurse Educator shall be responsible for the development,
implementation and delivery of nursing education programs within an area, group
or hospital. Nurse education programs shall mean courses conducted such as
post-registration certificates, continuing nurse education, new graduate
orientation, post-registration enrolled nurses courses and, where applicable,
general staff development courses.
A person appointed to a position of Nurse Educator who holds
relevant tertiary qualifications in education or tertiary post-graduate
specialist clinical nursing qualifications shall commence on the 3rd year rate
of the salary scale.
A person appointed as a sole nurse educator in a hospital,
district or region shall be paid at the 3rd year rate of the salary scale.
Incremental progression for Nurse Educators shall be on
completion of 12 months satisfactory service, provided that progression shall
not be beyond the 3rd year rate unless that person possesses the qualifications
detailed in the two previous paragraphs.
Persons appointed to the 3rd year rate by virtue of paragraphs 3 and 4
above shall progress to the 4th year rate after completion of 12 months
satisfactory full-time service.
"Nurse Manager" means any employee who is
allocated to a nurse manager grade in accordance with Clause 36 of this award.
"Nurse Practitioner" means a registered nurse
appointed as such to a position approved by the Director General and who is
authorised by the Nurses Registration Board, pursuant to Section 19A of the Nurses Act 1991, to practice as a nurse
practitioner.
"Nursing Unit Manager" means a registered nurse in
charge of a ward or unit or group of wards or units in a hospital or health
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 hospital/health 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.
Provided that the classification of Nursing Unit Manager
Level 1 shall include those registered nurses who, as at 27 June 1986, were
appointed as Charge Nurses or Supervisors of 20 but less than 50 beds or who
were appointed at a rate of pay equal to the latter.
"Nursing Unit Manager Level 2", whose
responsibilities in relation to patient services, ward or unit management and
staff management are in excess of those of a Nursing Unit Manager Level 1.
Provided that the classification of Nursing Unit Manager
Level 2 shall include those registered nurses who, as at 27 June 1986, were
appointed as Supervisors of 50-75 beds or at a rate of pay equal thereto.
"Nursing Unit Manager Level 3" whose
responsibilities in relation to patient services, ward or unit management and
staff management are in excess of those of a Nursing Unit Manager Level 2.
Provided that the classification of Nursing Unit Manager
Level 3 shall include those registered nurses who, as at 27 June 1986, were
appointed as Supervisors of 75-100 beds or at a rate of pay equal thereto.
Provided further, in relation to those nurses classified in
accordance with this definition as Nursing Unit Managers on the basis of their
former appointment as Charge Nurses or Supervisors, as the case may be, that
nothing in this definition shall prevent them from being considered for
regrading at any time after 27 June 1986.
"Registered Nurse" means a person registered by
the Board as such.
"Residential Care Nurse" means a person other than
a registered nurse or enrolled nurse, who is employed in the delivery of
nursing care to clients in residential settings conducted by or on behalf of
Hospitals or Area Health Services, and which are located either in the general
community or in the grounds of hospitals, excepting any "off campus"
or "satellite" group homes generated from the Weemala Unit of the
Royal Rehabilitation Service. The
duties performed by Residential Care Nurses shall comprise assisting with the
care of residents which may include the supervision, training and assistance of
residents in the performance of household tasks such as laundry, kitchen,
general maintenance or other personal support tasks.
"Senior Nurse Educator" - refer to Schedule 1,
Nurse Managers.
"Service" for the purpose of clause 8, Salaries,
means service before or after the commencement of this award in New South Wales
or elsewhere as a registered nurse, provided that all service recognised prior
to the commencement of this award shall continue to be recognised.
To the foregoing shall be added any actual periods on and
from 1 January 1971 during which a nurse undertook a post basic course whilst
an employee of and rendering service in an institution or hospital and such
course is recognised by the Board or acceptable to the Department, or one of
the following certificate or diploma courses:
Associate Diploma in Community Health -
College of Nursing, Australia; N.S.W. College of
Nursing;
Associate Diploma in Nursing Administration -
College of Nursing, Australia; N.S.W. College of
Nursing;
Associate Diploma in Nursing Education -
College of Nursing, Australia; N.S.W. College of
Nursing,
Newcastle College of Advanced Education;
Certificate in Operating Theatre Management -
N.S.W. College of Nursing;
Certificate in Operating Theatre Technique -
College of Nursing, Australia;
Certificate in Coronary Care -
N.S.W. College of Nursing;
Certificate in Orthopaedic Nursing -
N.S.W. College of Nursing;
Certificate in Ward Management -
N.S.W. College of Nursing;
Midwife Tutor Diploma -
College of Nursing, Australia, or Central Midwives
Board, London;
Occupational Health Nursing Certificate -
N.S.W. College of Nursing;
provided that no more than three such courses shall count as
service.
A reference to the New South Wales College of Nursing in
this Award shall be deemed to be a reference also to the School of Nursing
Studies, Cumberland College of Health Sciences.
"Shift Worker" means a worker who is not a day
worker as defined.
"Trainee Enrolled Nurse" means a person who is
being trained to become an enrolled nurse in a hospital recognised by the Board
as a training school for enrolled nurses.
"Weekly rates" will be ascertained by dividing an
annual amount by 52.17857 or a weekly rate can be multiplied by 52.17857 to
obtain the annual amount.
4. Hours of Work and
Free Time of Employees Other Than Directors of Nursing and Area Managers, Nurse
Education
(i) The ordinary
hours of work for day workers, other than Directors of Nursing and Area
Managers, Nurse Education, exclusive of meal times, shall be 152 hours per 28
calendar days to be worked Monday to Friday inclusive and to commence on such
days at or after 6.00 am and before 10.00 am.
(ii) The ordinary
hours of work for shift workers, other than Directors of Nursing and Area
Managers, Nurse Education, exclusive of meal times, shall not exceed an average
of 38 hours per week in each roster cycle.
(iii)
(a) The hours of
work prescribed in subclauses (i) and (ii) of this clause shall, where
possible, be arranged in such a manner that in each roster cycle of 28 calendar
days each employee shall not work his/her ordinary hours of work on more than
nineteen days in the cycle. Provided
that employees who work 8 hour shifts are entitled to 12 additional days off
duty per annum (as per Department of Health Circular No. 95/17 dated 13 March
1995), employees working 10 hour shifts are entitled to one additional day off
duty each five weeks, employees working other combinations of shifts are
entitled to such number of additional days off duty per annum as will ensure
that their ordinary hours of work do not exceed an average of 38 hours per
week.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, employees may, with the
agreement of the employer work shifts of less than 8 hours each over 20 days in
each cycle of 28 days.
(iv)
(a) Each shift
shall consist of no more than 10 hours on a day shift or 11 hours on a night
shift with not less than 10 hours break between each rostered shift, unless
agreed otherwise between an employee and local nursing management. An employee shall not work more than 7
consecutive shifts unless the employee so requests and local nursing management
agrees but in no case shall an employee be permitted to work more than 10
consecutive shifts. In any fortnightly
pay period an employee shall not be rostered for more than three quick shifts,
i.e. an evening shift followed by a morning shift, unless agreed otherwise
between an employee and local nursing management.
(b) Where 10 hour
night shifts are in operation in any health facility, at the commencement date
of this award or subsequent thereto, the length of these shifts must not be
altered without the consent of the Head Office of the Association.
(v)
(a) The employee's
additional day off duty prescribed in subclause (iii) of this clause (as a
consequence of the implementation of the 38 hour week) shall be determined by
mutual agreement between the employee and the employer having regard to the
service requirements of the latter. Where practicable such additional day off
duty shall be consecutive with the rostered days off duty prescribed in
subclause (xv) of this clause.
(b) Employees shall
not be entitled to the provisions of paragraph (a) of subclauses (iii) and (v)
of this clause (i.e. an additional day off as a consequence of a 38 hour week)
when undertaking block training.
(vi) Once set, the
additional day off duty may not be changed in a current cycle unless there are
genuine unforeseen circumstances prevailing. Where such circumstances exist and
the additional day off duty is changed, another day shall be substituted in the
current cycle. Should this not be practicable the day must be given and taken
in the next cycle immediately following.
(vii)
(a) Where an
employee and her/his local nursing management agree, an employee’s additional
days off duty (ADOs) may be accumulated up to a total of seven. This limit on
accumulation means that any employee who has already accumulated seven ADOs
must take the next ADO accruing to her/him when it falls due in accordance with
the roster.
(b) Employers must
not unreasonably refuse to agree with an employee’s request to accumulate ADOs
or to take them off subsequent to such accumulation.
(c) Any ADOs
accumulated but not taken as at the date of termination of the employee must be
paid out at ordinary rates.
(viii) Except for
breaks for meals the hours of duty each day shall be continuous.
(ix) Each employee
who works in excess of five hours must have a break of not less than thirty
minutes and not more than sixty minutes for each meal occurring on duty as
follows:
Breakfast - between 6 am and 9 am.
Midday Meal - between 12 noon and 2 pm.
Evening Meal - between 5 pm and 7 pm.
Night Meal - between 10 pm and 2 am.
Employees must not be required to work during meal
breaks as a matter of routine practice unless mutually agreed at the local
level. Provided that any time worked
during such break shall count as working time and unless the employee is
permitted to finish duty early on the same shift then overtime becomes payable
once the total ordinary work time of the shift has elapsed. Provided further
that where practicable an employee engaged to work for five hours or less in
any one shift may elect not to take a meal break as otherwise provided for in
this subclause without penalty to the employer. The term "where practicable" encompasses regard being
paid to the service requirements of the employer.
(x)
(a) One twenty
minute interval (in addition to the meal break) shall be allowed each employee
on duty for a tea break during each shift.
Such interval shall count as working time. Part time and Casual employees who are engaged for less than a whole
shift on any one day shall only be entitled to one tea break of 10 minutes.
(b) Where it is
not possible due to the nature of the work performed to have one twenty minute
break, the employee may take one ten minute break and be permitted to proceed off
duty ten minutes prior to the rostered finishing time of that shift.
(c) Paragraph (b)
of subclause (x) will only be exercised in special and exceptional
circumstances and with the expressed approval of the employer in consultation
with the employee.
(xi) Subclauses
(ix) and (x) of this clause, shall not apply to an employee who is allowed two
intervals of twenty minutes each during the period of night duty but such
intervals shall count as working time and shall be paid for as such.
(xii) Changing time
totalling ten minutes per shift to count as working time is to be allowed to
nurses not permitted to travel in their work clothes.
(xiii) Employees who
are lactating shall be entitled to one paid break of 30 minutes per shift for
the purpose of expressing their milk or breast feeding their child, and the
employer shall provide access to suitable facilities for such purpose.
(xiv)
(a) Except in
cases of emergency, an employee shall not be employed on night duty for a
longer period than four consecutive weeks, unless agreed otherwise between an
employee and local nursing management.
(b) Except in
cases of emergency, after having served a period of night duty, an employee
shall serve an equivalent period of time off night duty before again
undertaking a period of night duty unless agreed otherwise between an employee
and local nursing management.
(c) Except in
cases of emergency, an employee shall not be required to perform night duty
against their wishes during a period of one week prior to any formal end-of-semester
examination in any course of study which has been accepted by her/his employer
as meeting the requirements for the grant of study time.
(d) This subclause
shall not apply to an Assistant Director of Nursing, a Nursing Unit Manager or
to a registered nurse in charge as the case may be, who is employed permanently
in charge at night.
(e) Except in
cases of emergency, a trainee enrolled nurse shall not be employed on night
duty for more than 10 weeks in any one year of training.
(xv) Except in cases
of emergency, an employee changing from night duty to day duty or from day duty
to night duty shall be free from duty during the 20 hours immediately preceding
the commencement of the changed duty.
(xvi)
(a) Each employee
shall be free from duty for not less than two full days in each week or four
full days in each fortnight and no duties shall be performed by the employee on
any of such free days except for overtime. Where practicable, days off shall be
consecutive and shall not be preceded by any evening shift or a night shift
unless the employee is rostered on the same shift, i.e. evening shift or night
shift, as the case may be, immediately upon his or her return to duty after
days off, except by agreement between the employee and the local nursing
management. An evening shift shall be one which commences at or after 1 pm and
before 4 pm.
(b) An employee at
his or her request, may be given time free from duty in one or more periods but
no period shall be less than one full day.
(c) For the purpose
of this subclause "full day" means from midnight to midnight or
midday to midday.
(xvii)
(a) Employees may
be required to remain on call. Any such
time on call shall not be counted as time worked (except in so far as an
employee may take up actual duty in response to a call) but shall be paid for
in accordance with clause 10, Special Allowances. Provided, however, no employee shall be required to remain on
call whilst on leave or the day before entering upon leave.
(b) Except as
hereafter provided, no employee shall be required to remain on call whilst on a
rostered day off or from the completion of the employees' shift on the day
preceding a rostered day off.
(c) Paragraph (b)
shall not apply where in extreme circumstances (which shall be agreed between
the employer and the Head Office of the Association) it is necessary for a
hospital in order to ensure the provision of services, to place staff on call
on rostered days off.
(xviii) All rostered
time off duty occupied by a trainee enrolled nurse in attendance at lectures
and demonstrations given in the course of instruction in the theory and
practice of nursing or during the time necessarily occupied in attending at and
sitting for prescribed examinations shall be deemed to be time worked.
(xix) An employer
shall not alter the period over which the ordinary hours of work of employees
are balanced except upon giving one month's notice of his intention so to do to
the Industrial Registrar and to the Association.
5. Pilot Roster
Projects
(i) Notwithstanding
any other provision of this award, Pilot Roster Projects for the purposes of
trialing flexible roster practices or 12 hour shifts may be implemented on the
following basis:
(a) The terms of
the Pilot Roster Project shall be agreed in writing between the employer and
the Association on behalf of the nurses participating in the project. Provided that the Association shall not
unreasonably refuse to agree to, or unreasonably delay in responding to, a
Pilot Roster Project proposed by an employer.
(b) The terms
shall include
(1) the duration
of the project; and
(2) the conditions
of the project; and
(3) the award
provisions required to be overridden in order to implement the project; and
(4) review
mechanisms to assess the effectiveness of the project.
(c) Whilst the
Pilot Roster Project is being conducted according to its terms, the employer
shall not be deemed to be in breach of the award by reason alone of
implementing the project.
(d) Any purported
Pilot Roster Project which does not comply with this clause is not a Pilot
Roster Project for the purposes of this clause and in particular no employer
shall be able to claim the benefit of subclause (c) when implementing such
project.
(ii) The
Association agrees to participate in a review of the operation of this clause,
if requested by the Department.
6. Hours of Work and
Free Time of Directors of Nursing and Area Managers, Nurse Education
(i) A Director of
Nursing or Area Manager, Nurse Education shall be free from duty for not less
than 9 days in each twenty-eight consecutive days and such days free from duty
may be taken in one or more periods.
(ii) If any of the
days mentioned in subclause (i) of this clause cannot be taken by reason of
emergency, such day or days shall be given and taken within 28 days of becoming
due.
(iii) A Director of
Nursing or Area Manager, Nurse Education shall, where practicable, inform his
or her employer giving not less than 7 days' notice of the days he or she
proposes to be free from duty; provided that such days shall be subject to the
approval of the employer, and such approval shall not be unreasonably withheld.
7. Rosters
(i) The ordinary
hours of work for each employee, other than the Director of Nursing, shall be
displayed on a roster in a place conveniently accessible to employees.
(ii) The roster
shall be displayed at least two weeks prior to the commencing date of the first
working period in the roster.
(iii) Notwithstanding
the foregoing provisions of this clause, a roster may be altered at any time to
enable the nursing service of the hospital to be carried on where another
employee is absent from duty on account of illness or in an emergency: Provided
that where any such alteration involves an employee working on a day which
would otherwise have been such employee's day off, the day off in lieu thereof
shall be as mutually arranged.
(iv) Prior to the
date of the changed shift, such change of roster shall be notified verbally or
in writing to the employee concerned.
(v) Where an
employee is entitled to an additional day off duty in accordance with clause 4,
Hours of Work and Free Time of Employees other than Directors of Nursing, such
day is to be shown on the roster of hours for that employee.
(vi) All rosters
shall be retained for at least six years.
8. Salaries
The minimum salaries per week to be paid to employees shall
be as set out in Table 1 of Part B.
8A. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed in Part B Monetary Rates of the Public Hospital Nurses
(State) Award as varied by Clause 8 Salaries, an employee may elect, subject to
the agreement of the employee’s Employer, to sacrifice a portion of the salary
payable under Clause 8 to additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed must not exceed thirty (30) percent of the salary payable under
Clause 8 or thirty (30) percent of the currently applicable superannuable salary,
whichever is the lesser. In this
clause:
(a) "superannuable
salary" means the employee’s salary as notified from time to time to the
New South Wales public sector superannuation trustee corporations.
(b) "Employer"
shall mean the Health Administration Corporation of New South Wales.
(ii) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(a) subject to
Australian Taxation Law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion; and
(b) any allowance,
penalty rate, overtime, payment for unused leave entitlements, weekly worker’s
compensation, or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this award or any applicable
Award, Act or Statute which is expressed to be determined by reference to an
employee’s salary, shall be calculated by reference to the salary which would
have applied to the employee under Clause 8 of this Award in the absence of any
salary sacrifice to superannuation made under this Award.
(iii) The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First
State Superannuation Act 1992 as optional employer contributions; or
(b) subject to the
Employers agreement, paid into private sector complying superannuation scheme
as employer superannuation contributions.
(iv) Where an
employee elects to salary sacrifice in terms of subclause (iii) above, the
Employer will pay the sacrificed amount into the relevant superannuation fund.
(v) Where the
employee is a member of a superannuation scheme established under:
(a) the Police Regulation (Superannuation) Act
1906;
(b) the Superannuation Act 1916;
(c) the State Authorities Superannuation Act
1987;
(d) the State Authorities Non-contributory
Superannuation Act 1987; or
(e) the First State Superannuation Act 1992
the employee’s Employer must ensure that the amount of
any additional employer superannuation contributions specified in subclause (i)
above is included in the employee’s superannuable salary which is notified to
the New South Wales public sector superannuation trustee corporations.
(vi) Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with his/her Employer to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause (v) above, the Employer will
continue to base contributions to that fund on the salary payable under Clause
8 to the same extent as applied before the employee sacrificed portion of that
salary to superannuation. This clause
applies even though the superannuation contributions made by the Employer may
be in excess of the superannuation guarantee requirements after the salary
sacrifice is implemented.
9. Transitional
Arrangements - Registered Nurse Incremental Scale
(i) For the
purposes of this clause "transitional date" means the first pay
period commencing on or after 1 March 1997.
(ii) The year of
service for the purpose of the incremental scale for a registered nurse
employed at the transitional date shall be determined by locating the
registered nurse’s current year of service on the incremental scale in Column A
of the Transitional Table in subclause (iv).
The registered nurse’s incremental year of service shall be deemed to be
the year of service appearing opposite in Column B of the Transitional
Table. Provided that a registered nurse
with eight or more actual years of service shall be placed on the eighth year
of service in Column B of the Transitional Table.
(iii) Registered
nurses who commence employment with an employer after the transitional date
shall have their year of service determined as if they were employed by the
employer at the transitional date. That
is; the transitional arrangements shall apply to all periods of employment
under this award, which commence on or after the transitional date.
(iv) Transitional
Table:
|
Column A
|
Column B
|
|
(Old incremental scale)
|
(New incremental scale)
|
|
First year of service
|
First year of service
|
|
Second year of service
|
First year of service
|
|
Third year of service
|
Second year of service
|
|
Fourth year of service
|
Third year of service
|
|
Fifth year of service
|
Fourth year of service
|
|
Sixth year of service
|
Fifth year of service
|
|
Seventh year of service
|
Sixth year of service
|
|
Eighth year of service
|
Seventh year of service
|
|
UG1
|
Eighth year of service
|
|
Note: For the purposes of the old incremental scale only,
a registered nurse who has obtained an
|
|
appropriate degree in Nursing or Applied Science Nursing)
or Health Studies (Nursing) (referred to for)
|
|
the purposes of this clause as a "UG1"
qualification) shall enter the incremental scale on the second year of
|
|
service
|
(v) The year of
service determined by this clause shall be the year of service only for the
purposes of clause 8, Salaries. In
particular this clause shall not affect the definition of service for the
purposes of clause 26, Annual Leave; clause 33, Sick Leave or clause 29, Long
Service Leave.
(vi) A registered
nurse’s anniversary date for the purpose of moving to the next year of service
is not affected by this clause.
10. Special
Allowances
(i)
(a) A registered
nurse in charge of a hospital of not more than 100 beds during the day, evening
or night in the absence of a senior nurse shall be paid, in addition to his or
her appropriate salary, whilst so in charge, the sum as set in Item 1, of Table
2 of Part B per shift.
(b) This subclause
shall not apply to registered nurses holding positions of a higher grade than
that of clinical nurse specialist.
(ii)
(a) An employee
required by his or her employer to be on call otherwise than as provided in (b)
and (c) hereof shall be paid the sum as set in Item 2 of Table 2 of Part B for
each hour or part thereof with a minimum payment of eight hours at that rate.
(b) An employee
required to be on call on rostered days off in accordance with paragraph (c) of
subclause (xvii) of Clause 4, Hours of Work and Free Time of Employees Other
Than Directors of Nursing, shall be paid the sum as set in Item 3, of Table 2
of Part B for each hour or part thereof with a minimum payment of eight hours
at that rate.
(c) An employee
who is directed to remain on call during a meal break shall be paid an
allowance as set out in Item 4, of Table 2 of Part B.
(d) Where an
employee on call leaves the hospital and is recalled to duty, he or she shall
be reimbursed all reasonable fares and expenses actually incurred provided that
where an employee uses a motor car in these circumstances, the allowance
payable shall be the rate prescribed from time to time by the Department for a
"casual" user. The provisions of this paragraph shall apply to all
employees.
(e) This subclause
shall not apply to Nurse Managers classified at Grade 4 or above provided that
the allowances prescribed in subclauses (a) and (b) of this subclause shall be
paid to Nurse Managers classified at Grade 5 (c) and Grade 6 (a) when required
to remain on call for the purpose of the performance of clinical duties.
(iii)
(a) Where a
Director of Nursing is required by the hospital to perform radiographic duties
he/she shall be paid in addition to his/her appropriate salary an allowance as
set in Item 5, of Table 2 of Part B per week.
(b) The allowance
prescribed by paragraph (a) of this subclause shall apply to an employee who
relieves the Director of Nursing for a period of one week or more.
(c) An employee
who is performing radiographic duties in the absence of the Director of Nursing
for a period of less than one week shall be paid in addition to his or her
appropriate salary a daily allowance as set in Item 6, of Table 2 of Part B,
provided that the maximum allowance per week payable in accordance with this
paragraph shall not exceed the amount set in the said Item 6.
(d) The allowance
prescribed by this subclause shall be regarded as part of the salary for the
purpose of this award.
(iv) An employee
required to wear a lead apron shall be paid an allowance as set out in Item 7,
of Table 2 of Part B for each hour or part thereof that he/she is required to
wear the said apron. No employee shall
be required to wear a lead apron for more than one hour without being allowed a
paid break of 10 minutes.
(v) A registered
nurse who is designated to be in charge of a ward or unit during day, evening
or night shifts, when the Nursing Unit Manager is not rostered for duty, shall
be paid an allowance as set out in Item 8, of Table 2 of Part B per shift.
Provided that the allowance shall also be paid when the Nursing Unit Manager is
rostered on duty if the day to day clinical management role for the shift is
delegated to a designated registered nurse.
(vi) A registered
nurse who is designated to be in-charge of a ward or unit when the Nursing Unit
Manager is not rostered for duty and who is also designated to be in-charge of
a hospital of less than 100 beds during the day, evening or night on the same
shift shall be paid an allowance as set out in Item 9, of Table 2 of Part B per
shift.
(vii)
(a) An employee
who makes their services available and participates in an approved roster to
provide emergency telephone counselling outside their normal rostered ordinary
hours shall receive the payments prescribed in paragraphs (b), (c) and (d) of
this subclause.
(b) An employee
rostered to be on call shall be paid the sum as set in Item 2 of Table 2 of
Part B for each hour or part thereof with a minimum payment of eight hours at
that rate. Provided that an employee rostered on call on rostered days off
shall be paid the sum as set in Item 3, of Table 2 of Part B for each hour or
part thereof with a minimum payment of eight hours at that rate.
(c) If during such
an on call period prescribed in paragraph (b) of this subclause an employee is
required to provide telephone counselling to a client, such employee shall be
entitled in lieu of payments prescribed in the said paragraph (b) to payment at
the rate of one-third of the employees normal hourly rate of pay up to a
maximum of two and one half hours for periods rostered on call between 8 hours
and 16 hours and a maximum of one and a quarter hours for periods rostered up
to 8 hours.
(d) An employee
called out during the period of on call shall be entitled to the prescriptions
of clause 21, Overtime.
(viii) An enrolled
nurse employed in the central sterile supply department of a hospital, in
possession of a Sterilising Technology Certificate issued by the Sterilising
Research and Advisory Council of Australia shall be paid an allowance as set
out in Item 18 of Table 2 of Part B.
11. Climatic and
Isolation Allowances
(i) Subject to
subclause (ii) of this clause, persons employed in hospitals in places situated
upon or to the west of a line drawn as herein specified shall be paid an
allowance as set in Item 10, of Table 2 of Part B per week, in addition to the
salary to which they are otherwise entitled. The line shall be drawn as
follows: Commencing at Tocumwal and thence to the following towns in the order
stated - namely Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo,
Coolah, Boggabri, Inverell and Bonshaw.
(ii) Persons
employed in hospitals in places situated upon or to the west of a line drawn as
herein specified shall be paid an allowance as set in the said Item 10 per
week, in addition to the salary to which they are otherwise entitled. The line
shall be drawn as follows: Commencing at a point on the right bank of the
Murray River opposite Swan Hill (Victoria), and then to the following towns in
the order stated - namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and
Mungindi.
(iii) Except for
the computation of overtime the allowances prescribed by this clause shall be
regarded as part of the salary for the purposes of this award.
(iv) The allowances
prescribed by this clause are not cumulative.
(v) An employee
who works less than 38 hours per week shall be entitled to the allowances
prescribed by this clause in the same proportion as the average hours worked
each week bears to thirty eight ordinary hours.
12. Penalty Rates for
Shift Work and Weekend Work
(i) Employees
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift: Provided that employees who work
less than 38 hours per week shall only be entitled to the additional rates
where their shifts commence prior to 6 am or finish subsequent to 6 pm.
Afternoon shift commencing at 10 am and before 1 pm -
10%.
Afternoon shift commencing at 1 pm and before 4 pm -
12.5%.
Nightshift commencing at 4 pm and before 4 am - 15%.
Nightshift commencing at 4 am and before 6 am - 10%.
(ii) "Ordinary
rate" and "ordinary time" shall not include any percentage
addition by reason of the fact that an employee works less than 38 hours per
week.
(iii) For the
purpose of this clause day, afternoon and night shifts shall be defined as
follows:
"Day shift" means a shift which commences at
or after 6 am and before 10 am.
"Afternoon shift" means a shift which
commences at or after 10 am and before 4 pm.
"Night shift" means a shift which commences
at or after 4 pm and before 6 am on the day following.
(iv) Employees
whose ordinary working hours include work on a Saturday and/or Sunday, shall be
paid for ordinary working hours worked between midnight on Friday and midnight
on Saturday at the rate of time and one half and for ordinary hours worked
between midnight on Saturday and midnight on Sunday at the rate of time and
three quarters. These extra rates shall be in substitution for and not
cumulative upon the shift premiums prescribed in the preceding subclause (i) of
this clause.
The foregoing paragraph shall apply to employees who
work less than 38 hours per week, but such employees shall not be entitled to
be paid in addition any allowance prescribed by clause 25, Part-time, Casual
and Temporary Employees, in respect of their employment between midnight on
Friday and midnight on Sunday.
(v) The additional
payments prescribed by this clause shall not form part of the employee's
ordinary pay for the purposes of this Award, except as provided in clause 26,
Annual Leave.
(vi) This clause
shall not apply to Nurse Managers classified Grade 4 or above.
13. Fares and
Expenses
(i) A trainee
enrolled nurse sitting for an examination prescribed by the Board and required
to travel from the home centre to an examination centre shall be paid by the
employer all fares necessarily incurred in such travelling and, if it is
reasonably necessary, for each student nurse or trainee enrolled nurse to sleep
away from such home centre, the travelling allowance prescribed from time to
time by clause 46 of the Public Sector Management (General) Regulation 1996
shall apply. "Home Centre" means the town in which is situated the
hospital at which such trainee enrolled nurse is employed.
(ii) An employee
required to travel in the performance of duty shall be reimbursed first-class fares
(including sleeper accommodation) and all reasonable out-of-pocket expenses.
(iii)
(a) An employee
who is engaged for an indefinite period and who remains in the employment for
at least six months shall be reimbursed forward fares from the place of
engagement; provided that the distance of normal travel therefrom to the
employment exceeds 40 kilometres.
(b) An employee
who is engaged for an indefinite period and who is dismissed within six months
for any reason, other than misconduct or inefficiency shall be reimbursed
forward fares from the place of engagement; provided that the distance of
normal travel therefrom to the employment exceeds 40 kilometres and shall also
be reimbursed return fares to such place of engagement or the employee's immediate
destination whichever is the cheaper.
(iv) An employee
who is engaged for a definite period and who completes the period of engagement
or who is dismissed before completing such period for any reason other than
misconduct or inefficiency, shall be reimbursed forward fares from the place of
engagement provided that the distance of normal travel therefrom to the
employment exceeds 40 kilometres and shall be reimbursed return fares to such
place of engagement or to the employee's immediate destination, whichever is
the cheaper.
(v) Subclauses
(iii) and (iv) of this clause shall not apply to trainee enrolled nurses or to
nurses travelling to a midwifery training school to enter upon midwifery
training or to nurses travelling to a hospital for post-graduate training.
(vi) Fares within
the meaning of this clause shall include only fares incurred in respect of
travel within New South Wales.
(vii) An employee
who claims reimbursement of fares, pursuant to this clause, shall furnish to
the employer, if so required, satisfactory proof that she or he has not
received from another employer reimbursement in respect to those fares.
14. Special Rates and
Conditions
(i) In addition
to the rates prescribed by clause 8, Salaries, the additional rates as set in
Item 11, of Table 2 of Part B shall be payable to the undermentioned employees
of the Tibooburra and Ivanhoe District Hospitals:
Registered Nurses;
Enrolled Nurses;
Trainee Enrolled Nurses; or
Assistants in Nursing.
(NOTE: These
additional rates are compensation for overtime and adverse conditions.)
(ii) In addition
to the annual leave prescribed by clause 26, Annual Leave, the Director of
Nursing and registered nurses at the Tibooburra District Hospital and Ivanhoe
District Hospital shall be allowed seven days leave of absence annually on full
pay.
(iii) All nurses
employed by the Corrections Health Service shall be paid a special
environmental allowance as set out in item 11A of Table 2 of Part B. Such
allowance shall be adjusted from time to time in accordance with any State Wage
Case increase covering work-related allowances. Part time and Casual employees
shall be paid this allowance on a pro rata basis. This allowance shall be
considered as salary for all purposes of this award (including the calculation of
overtime and penalty rates).
This allowance shall be treated as having been adjusted
by relevant State Wage Case adjustments up to and including the State Wage Case
2000 (2000) 97 IR 348.
(iv) All nurses
employed by the Corrections Health Service shall be paid a productivity
allowance as set out in item 11B of Table 2 of Part B. Such allowance shall
allowance shall be considered as salary for all purposes of this award
(including the calculation of overtime and penalty rates), and shall be
adjusted from time to time in accordance with any general wage movements in
this award. Part time and Casual employees shall be paid this allowance on a
pro rata basis.
This allowance shall be treated as having been adjusted
by relevant State Wage Case adjustments up to and including the State Wage Case
2000 (2000) 97 IR 348.
15. Telephone
Allowance
If an employee is required by his or her employer to have a
telephone installed at his or her residence for the purposes of his or her
employment, the employer shall be responsible for the payment of -
(a) the cost of
installation of the telephone
(b) three quarters
of the cost of the rental of that telephone
(c) the cost of
all official calls.
16. Nurses on
Secondment
Trainee Enrolled Nurses who are required to travel to a TAFE
campus to attend the theoretical component of the Enrolled Nurse course or who
are seconded on a full-time basis to another hospital for purposes of training
shall be granted conditions in accordance with Circular No. 95/82 of 13 October 1995, as amended from
time to time.
17. Mobility, Excess
Fares and Travelling
For the purpose of this clause accustomed place of work
shall mean the location where an employee is regularly required to commence
duty by the employer.
(i) An employee
shall be required to proceed to the accustomed place of work and return home
once on each ordinary working day or shift in the employee's own time and at
the employee's own expense.
(ii)
(a) Where an
employee is directed to report for duty to a place of work other than the
employee's accustomed place of work the employee shall travel to and from the
alternative place of work in the employer's time for those periods in excess of
time normally taken to travel to and from the accustomed place of work.
(b) If the excess
of travelling time on a particular day or shift is greater than the prescribed
ordinary hours of duty for the particular category of staff for that day or
shift, then the excess of hours, shall be paid at the ordinary rate of pay to
the extent of the excess of travelling time.
(c) Fares incurred
by such employee in excess of the fares normally incurred in travelling to the
employee's accustomed place of work and returning home from the accustomed
place of work, shall be reimbursed.
(d) Where the employee
is required to report to an alternative place of work and has the prior
approval of the employer to travel by his/her own mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance
will be as prescribed from time to time by Clause 50 of the Public Sector
Management (General) Regulation 1996.
(iii)
(a) Where an
employer has determined that an employee or employees should report to a new
accustomed place of work on a permanent basis, the decision must be discussed
with the affected employee(s) and the local branch of the relevant union(s)
prior to notice of changed accustomed place of work being given. An employer shall only make such a
determination where it is reasonable in all the circumstances to do so.
(b) The employer
shall give the employee reasonable notice of the requirement to report to a new
accustomed place of work. For the purpose
of this sub-clause, "reasonable notice" shall be one calendar month
prior to the date the employee is first required to report to the new
accustomed place of work.
(c) Where the
accustomed place of work is changed on a permanent basis by the employer, the
employee shall report to the new accustomed place of work on the date specified
by the employer.
(d) If there is
disagreement about such decision after such discussion or if a significant
number of employees are involved, the matter should be referred to the
Department of Health, which will discuss the matter with the appropriate
union(s) and will determine the date upon which notice will be given to
employee(s).
(iv)
(a) The provision
of this clause shall not apply to an employee appointed to regularly perform
relief duties or to employees specifically employed to perform duties at more
than one place of work except as provided in (b) hereunder.
(b) If a reliever
incurs fares in excess of the amount as set in Item 12 of Table 2 - Other Rates
and Allowances per day in travelling to and from the relief site, the excess
shall be reimbursed.
(c) Where a
reliever, with the prior approval of the employer, travels by his/her own mode
of conveyance and incurs travelling costs in excess of the amount as set in
Item 12 per day to and from the relief site, such excess shall be
reimbursed. The rate applicable shall
be the kilometre allowance prescribed from time to time by Clause 50 of the
Public Sector Management (General) Regulation 1996 less the said amount. This
amount shall be reviewed annually by the Corporation.
(v) No payment
shall be made under this clause unless the employer is satisfied that the
employee has incurred additional expenditure in having to report to an
alternative place of work, at the direction of the employer.
(vi) Travel to an
alternative place of work, either by public transport or own mode of
conveyance, shall in all instances be by the most direct route.
18. Car Allowance
An employee who, with the approval of the Chief Executive
Officer or his/her nominee, uses on official business a motor vehicle
maintained primarily for other than official business, shall be paid an
allowance based on the rates prescribed by the Department's Transport Allowance
in force from time to time.
18A. Provision of
Communication Device
(i) An employee
who is required to visit clients away from a secure working environment shall,
during the performance of such duties, be provided with a suitable and
effective communication device. The
provision of this equipment is intended to improve service delivery, together
with enhancing the safety and wellbeing of the employee.
19. Uniform and
Laundry Allowances
(i) Subject to
subclause (ii) of this clause, sufficient, suitable and serviceable uniforms,
including one pair of shoes per annum which shall be of a recognised acceptable
standard for the performance of nursing duties, shall be supplied free of cost
to each employee required to wear a uniform. An employee to whom a new uniform
or part of a uniform has been issued who, without good reason, fails to return
the corresponding article last supplied shall not be entitled to have such
article replaced without payment therefore at a reasonable price.
(ii) An employee,
on leaving the service of an employer, shall return any uniform or part thereof
supplied by that employer which is still in use immediately prior to leaving.
(iii)
(a) In lieu of
supplying uniforms and shoes to an employee, an employer shall pay the said
employee the sum as set in Item 13 of Table 2 of Part B per week, which
includes a sum as set in the said Item 13 per week for shoes. Provided,
however, that if a uniform includes a cardigan or jacket an additional amount
as set in the said Item 13 per week shall also be paid.
(b) In lieu of
supplying stockings to a female employee an employer shall pay the said
employee the sum as set in the said Item 13 per week.
(c) In lieu of
supplying socks to an employee, an employer shall pay the said employee the sum
as set in the said Item 13 per week.
(d) The allowances
prescribed in this subclause continue to be payable during any period of paid
leave.
(iv)
(a) If, in any
hospital, the uniforms of an employee are not laundered at the expense of the
hospital an allowance as set in Item 14, of Table 2 of Part B per week shall be
paid to the said employee. Provided that this allowance is not payable during
any period of leave which exceeds one continuous week.
(b) This allowance
is also payable to employees providing direct clinical care and who are not
required to wear a uniform.
(v) Where the
employer requires any employee to wear headgear, the hospital shall provide
headgear free of charge to the employee.
(vi) Each employee
whose duties regularly require them to work out of doors shall be supplied with
a suitable waterproof coat, hat and overboots.
Sufficient waterproof clothing shall be made available for use by other
employees who in the course of their duties are exposed to wet weather.
20. Higher Grade Duty
(i) An employee
who is called upon to relieve an employee in a higher classification or is
called upon to act in a vacant position of a higher classification shall be
entitled to receive for the period of relief or the period during which he/she
so acts the minimum payment for such higher classification.
(ii) The
provisions of subclause (i) of this clause shall not apply where the employee
of the higher classification is off duty pursuant to clause 6, Hours of Work
and Free Time of Directors of Nursing and Area Managers, Nurse Education,
except in so far as a Director of Nursing accumulates days off for a continuous
period of one week or more or when an employee in a higher grade is absent from
duty by reason of his/her additional day off duty as a consequence of working a
38 hour week.
21. Overtime
(i) Employees
shall work reasonable overtime when required by the employer.
(ii)
(a) Subject to
paragraph (b) of this subclause all time worked by employees in excess of the
rostered daily ordinary hours of work shall be overtime and shall be paid for
at the rate of time and one half for the first two hours and double time
thereafter in respect of each overtime shift worked or in respect of overtime
worked prior to or at the conclusion of a normal shift. Provided that overtime worked on Sundays
shall be paid for at the rate of double time and on public holidays at the rate
of double time and one half.
(b) Employees
employed pursuant to Part 1 of Clause 25, Part Time, Casual and Temporary
Employees, (i.e. Permanent Part-Time Employees) shall be entitled to payment
for overtime in accordance with the arrangements set out in Department of
Health Circular No. 94/121 dated 5th December 1994, as amended from time to
time. Overtime shall be paid for at the
rate of time and one half for the first two hours and double time thereafter
except that on Sundays such overtime shall be paid for at the rate of double
time and on public holidays at the rate of double time and one half.
(iii) An employee
recalled to work overtime after leaving the employer's premises shall be paid
for a minimum of four hours work at the appropriate rate each time so recalled.
If the work required is completed in less than four hours, the employee shall
be released from duty.
(iv) In lieu of the
conditions specified in subclauses (ii) and (iii) of this clause, a nurse who
works overtime may be compensated by way of time off in lieu of overtime,
subject to the following requirements:
(a) Time off in
lieu must be taken within three months of it being accrued at ordinary rates.
(b) Where it is
not possible for a nurse to take the time off in lieu within the three month
period, it is to be paid out at the appropriate overtime rate based on the
rates of pay applying at the time payment is made.
(c) Nurses cannot
be compelled to take time off in lieu of overtime.
(d) Time off in
lieu of overtime should only be considered as an option in those circumstances
where the employer is able to provide adequate replacement staff to ensure that
the level of quality of service that would otherwise have been provided had
overtime been worked, is in fact provided.
(e) Records of all
time off in lieu owing to nurses and taken by nurses must be maintained.
(v) An employee
required to work overtime following on the completion of his or her normal
shift for more than two hours shall be allowed twenty minutes for the partaking
of a meal and a further twenty minutes after each subsequent four hours
overtime; all such time shall be counted as time worked. Provided that the
benefits of this subclause shall not apply to an employee employed pursuant to
Part 1 of clause 25, Part-Time, Casual and Temporary Employees, until the
expiration of the normal shift for a majority of the full-time employees
employed on that shift in the ward or section concerned.
(vi) An employee
recalled to work overtime after leaving the employer's premises and who is
required to work for more than four hours shall be allowed twenty minutes for
the partaking of a meal and further twenty minutes after each subsequent four
hours overtime; all such time shall be counted as time worked.
(vii)
(a) The meals
referred to in subclause (v) and (vi) of this clause shall be allowed to the
employee free of charge. Where the hospital is unable to provide such meals, an
allowance per meal as calculated hereunder shall be paid to the employee
concerned.
(b) The value of
payments for meals shall be varied in accordance with variations to Division 3
of the Public Sector Management (General) Regulation 1996. However, such allowance is to be the average
of the allowances outlined for the 3 meals specified.
(viii) Where an
employee is required to work an overtime shift on his or her rostered day off,
the appropriate meal breaks for that shift, as prescribed by clause 4, Hours of
Work and Free Time of Employees other than Directors of Nursing, shall apply.
(ix) An employee
who works so much overtime:
(a) between the
termination of his or her ordinary work on any day or shift and the
commencement of his or her ordinary work on the next day or shift that he or
she has not had at least ten consecutive hours off duty between these times; or
(b) on a Saturday,
a Sunday and a holiday, not being ordinary working days, or on a rostered day
off without having had ten consecutive hours off duty in the twenty-four hours
preceding his or her ordinary commencing time on his or her next day or shift;
shall, subject to this subclause, be released after completion of such overtime
until he or she has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence. If on the instruction of
the employer such an employee resumes or continues to work without having had
such ten consecutive hours off duty he or she shall be paid at double rates
until released from duty for such period and he or she then shall be entitled
to be absent until he or she has had ten consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
(c) The
requirement for an employee to have at least ten consecutive hours off duty
before or after overtime shall be reduced to eight hours in the following
circumstances:
(i) Where the
employee and local nursing management have agreed to an eight-hour break
between each rostered shift;
(ii) Where an employee
has exchanged the shift rostered before or after the overtime period with
another employee.
(d) Periods
rostered on-call or periods attracting the prescriptions of paragraph (c) of
subclause (vii) of clause 10, Special Allowances regarding telephone
counselling are to be regarded as forming part of the ten consecutive hours off
duty pursuant to paragraphs (a) and (b) of this sub-clause.
(x) Where an
employee has been rostered to work overtime and is subsequently notified by the
employer with less than 24 hours notice that the overtime has been cancelled,
the employee shall be entitled to payment of four hours pay at ordinary time,
i.e. at the employee's base rate of pay.
(xi) This clause
shall not apply to Nurse Managers classified at Grade 4 or above, except where
all of the following criteria are met:
(a) the Nurse
Manager is employed in a small hospital that does not employ Nurse Managers to
supervise the nursing services on evenings, nights and/or weekends; and
(b) the Nurse
Manager is required to work overtime due to the hospital having insufficient
nursing staff available to be rostered on duty at the relevant time; and
(c) the Nurse
Manager is required to work overtime in order to personally provide "hands
on" clinical care of patients.
22. Escort Duty
(i) Periods
during which an employee, other than a Director of Nursing, is engaged in
nursing duties, viz., in attendance on a patient, shall be paid as working time
under this award. Where applicable, overtime shall be payable.
(ii) All reasonable
out of pocket expenses shall be reimbursed.
(iii) Rostered time
shall be paid as such even though an employee may be travelling, in hotel/motel
accommodation or waiting for transport.
(iv) In respect of
non-rostered time not spent in nursing duties:
(a) Periods in
hotel/motel accommodation or waiting time for transport shall not be counted as
working time.
(b) Periods in
travelling shall count as working time.
23. Payment and
Particulars of Salaries
(i) All salaries
and other payments shall be paid fortnightly provided that payment for any
overtime and/or shift penalties worked may be deferred to the pay day next
following the completion of the working cycle within which such overtime and or
shift penalties is worked, but for no longer.
Provided further that any proposal to alter the day on which wages are
to be paid or the number of days pay kept in hand by the employer, must be the
subject of consultation with the Head Office of the Association.
(ii) Employees
shall have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee. Salaries shall be
deposited by hospitals in sufficient time to ensure that wages are available
for withdrawal by employees by no later than payday, provided that this
requirement shall not apply where employees nominate accounts with non-bank
financial institutions which lack the technological or other facilities to
process salary deposits within 24 hours of hospitals making their deposits with
such financial institutions but in such cases hospitals shall take all
reasonable steps to ensure that the wages of such employees are available for
withdrawal by no later than payday.
(iii) Notwithstanding
the provisions of subclause (ii) of this clause, an employee who has given or
has been given the required notice of termination of employment, in accordance
with clause 41, Termination of Employment, shall be paid all monies due to
him/her prior to ceasing duty on the last day of employment. Where an employee is summarily dismissed or
his/her services are terminated without due notice, any monies due to him/her
shall be paid as soon as possible after such dismissal or termination but in
any case not more than three days thereafter.
(iv) On each payday
an employee, in respect of the payment then due, shall be furnished with a
written statement containing the following particulars; namely, name, the
amount of ordinary salary, the total number of hours of overtime worked, if
any, the amount of any overtime payment, the amount of any other monies paid
and the purpose for which they are paid, and the amount of the deductions made
from the total earnings and the nature thereof.
24. Registration Or
Enrolment Pending
(i) A student
nurse or trainee enrolled nurse who has passed the examination prescribed by
the Board, completed the course of training and applied for registration or
enrolment shall, upon registration or enrolment, be paid as from the date of
application for registration or enrolment the salary to which she or he would
have been entitled if registered or enrolled.
(ii) A nurse or
enrolled nurse who has trained outside New South Wales shall be paid as a
registered nurse or enrolled nurse as and from the date she or he is notified
that she or he is eligible for registration or enrolment as a registered nurse
or enrolled nurse provided that she or he makes application for registration
within seven days after being so notified.
25. Part-Time, Casual
and Temporary Employees
Part I
Permanent Part-time Employees
(i) A permanent
part-time employee is one who is permanently appointed by a hospital to work a
specified number of hours which are less than those prescribed for a full-time
employee. Provided that employers must
not utilise this provision in a manner which has the effect of subverting the
intentions of the 38-hour week arrangements whereby full-time employees work on
no more than 19 days in each 28 day roster cycle.
(ii) The number of
persons employed under Part 1 of this clause shall be limited so that the
proportion of a hospital's permanent part-time nursing workforce, expressed in
full-time equivalents, shall not exceed 33 1/3 per cent of the hospital's total
nursing workforce, expressed in full-time equivalents. Provided that where the consent
of the Association is first obtained, the figure of 33 1/3 per cent permanent
part-time employees may be exceeded. Should the Association not consent to a
higher percentage of permanent part-time employees at a hospital, resort may be
had to the dispute settling procedures provided for in clause 44,
Disputes. The parties agree that they
will take account of the Government’s flexible work practices policy.
(iii) Subject to
subclause (iv) of this clause employees engaged under Part 1 of this clause shall
be paid an hourly rate calculated on the basis of one thirty-eighth of the
appropriate rate prescribed by clause 8, Salaries, with a minimum payment of 2
hours for each start, and one thirty-eighth of the appropriate allowances
prescribed by clause 19, Uniform and Laundry Allowances, but shall not be
entitled to an additional day off or part thereof as prescribed by subclauses
(iii) and (v) of Clause 4, Hours of Work and Free Time of Employees other than
Directors of Nursing and Area Managers, Nurse Education.
(iv) Four weeks
annual leave on ordinary pay is to be granted on completion of each twelve
months service, The provisions of
subclauses (v) to (xi) of clause 26, Annual Leave, and clause 27, Annual Leave
Loading, shall apply to employees engaged under Part 1 of this clause. The
remaining provisions of clause 26 shall not apply.
(v) A public
holiday occurring on an ordinary working day shall be allowed to employees
without loss of pay; provided that an employee who is required to and does work
on a public holiday shall have one day or one half day, as appropriate, added
to his/her period of annual leave and be paid at the rate of one half time
extra for the time actually worked. Such payment is in lieu of any additional
rate for shift work or weekend work which would otherwise be payable had the
day not been a public holiday. In lieu of adding to annual leave under this
paragraph an employee may elect to be paid for the time actually worked at the
rate of time and one half in addition to his/her ordinary weekly rate. Where
payment is made in lieu of leave in respect of time worked on a public holiday,
payment shall be made for a minimum of 4 hours work, and any balance of the day
or shift not worked shall be paid at ordinary rates. For employees who work less than five days per week, when a
public holiday occurs on a day of the week on which an employee regularly
works, that employee shall be entitled to observe the public holiday without
loss of pay, i.e. the employee’s roster must not be changed to avoid payment of
the public holiday.
(vi) To the leave
prescribed by subclause (iv) of this Part there shall be added one working day
for each public holiday or one-half working day for each half public holiday
which occurs on what would have been an ordinary working day during a period of
annual leave.
(vii) For the
purpose of this Part of this clause the following are to be public holidays,
viz., New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Local Labour Day, Christmas Day, Boxing
Day and any other day duly proclaimed and observed as a public holiday within
the area in which the hospital is situated.
(viii) In addition to
those public holidays prescribed in subclause (vii) of this Part, there shall
be an extra public holiday each year. Such public holiday will occur on the
August Bank Holiday or a date which is determined by the Area Health Service
following consultation with the Association. This subclause shall apply in
substitution for any additional local public holiday or half public holiday
proclaimed in a local government area.
(ix) In this Part,
ordinary pay, for the purposes of sick leave and annual leave, shall be
calculated on the basis of the average weekly ordinary hours worked over the 12
months' qualifying period.
(x) Employees
engaged under this Part shall be entitled to all other benefits of this award
not otherwise expressly provided for herein in the same proportion as their
ordinary hours of work bear to full-time hours.
(xi) Where a
permanent part-time employee has been rostered to work any additional shift and
is subsequently notified by the employer with less than 24 hours notice that
the shift has been cancelled, the employee shall be entitled to payment of four
hours pay at ordinary time, i.e. at the employee's base rate of pay.
Part II
Casual Employees
(i) A casual
employee is one engaged on an hourly basis otherwise than as a permanent
part-time or full-time employee.
(ii) A casual
employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate, prescribed by clause 8, Salaries, plus
10 per centum thereof, with a minimum payment of 2 hours for each start, and
one thirty-eighth of the appropriate allowances prescribed by clause 19,
Uniform and Laundry Allowances.
(iii) With respect
to a casual employee the provisions of clause 37, Deputy Directors of Nursing,
Assistant Directors of Nursing; clause 6, Hours of Work and Free Time of
Directors of Nursing and Area Managers, Nurse Education; clause 21, Overtime;
clause 26, Annual Leave; clause 13, Fares and Expenses; clause 17, Mobility,
Excess Fares and Travelling and sub-clause (vii) of clause 34, Accommodation
and Board, shall not apply.
Further, casual employees shall not be entitled to an
additional day off or part thereof as prescribed by subclauses (iii) and (v) of
clause 4, Hours of Work and Free Time of Employees Other Than Directors of
Nursing and Area Managers, Nurse Education.
(iv) For the
entitlement to payment in respect of annual leave, see Annual Holidays Act, 1944.
(v) A casual
employee who is required to and does work on a public holiday as defined in
sub-clauses (iii) and (iv) of clause 26, Annual Leave, shall be paid for the
time actually worked at the rate of double time and one-half such payment being
in lieu of weekend or shift allowances which would otherwise be payable had the
day not been a public holiday; provided that a casual employee shall not be
entitled to be paid in addition the allowance of 10 per centum prescribed in
subclause (ii) of Part III in respect of such work.
(vi) Where a casual
employee has been notified by an employer of a time to commence an engagement
and that engagement is subsequently cancelled by the employer with less than 2
hours notice the casual employee must be paid a minimum payment of 2 hours
calculated at the rate which would have applied had the cancellation not
occurred.
(vii) A casual
employee must not be required to work more than 12 consecutive hours unless the
casual employee consents to do so.
PART III
Temporary Employees
(i) A temporary
employee is one engaged for a set period not exceeding 13 weeks, provided that
fixed term contracts of employment, whether for periods greater or lesser than
13 weeks, must not be offered in preference to ongoing contracts unless they
are necessary to meet the genuine operational requirements of the employer,
which may include but not be limited to parental leave, limited term funding
arrangements, long term leave relief, forthcoming service reductions, and
anticipated peak demand times.
(ii) A temporary
employee shall be paid in addition to all rates and allowances to which the
said employee is entitled under this award, an allowance equal to 10 per centum
of the rates prescribed for his or her classification by clause 8, Salaries, of
this award, provided that this subclause shall cease to apply upon:
(a) the said
period of engagement being extended after the said period of 13 weeks;
(b) the employer
and the employee agreeing during the said period of 13 weeks, that the employee
shall be employed on a permanent part-time or full-time basis.
(iii) For
entitlement to payment in respect of annual leave, see Annual Holidays Act, 1944.
PART IV
Savings Provisions
(i) Employees engaged
as part-time employees as at 30 June 1986 shall be entitled to exercise the
option of receiving the benefits of employment specified in Part 1 of this
clause or in lieu thereof the following:
(ii) Such
part-time employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed by clause 8, Salaries, plus 10
per centum thereof with a minimum payment of two hours for each start, and one
thirty-eighth of the appropriate allowance prescribed by clause 19, Uniform and
Laundry Allowances.
(iii) With respect
to such part-time employees, the provisions of clause 37, Deputy Directors of
Nursing, Assistant Directors of Nursing; clause 6, Hours of Work and Free Time
of Directors of Nursing and Area Managers, Nurse Education; clause 21,
Overtime; clause 26, Annual Leave; clause 13, Fares and Expenses; clause 17,
Mobility, Excess Fares and Travelling and subclause (vii) of clause 34,
Accommodation and Board, of this award shall not apply. Further, part-time employees
shall not be entitled to an additional day off or part thereof as prescribed by
subclauses (iii) and (v) of clause 4, Hours of Work and Free Time of Employees
Other Than Director of Nursing and Area Managers, Nurse Education
(iv) For
entitlement to payment in respect of annual leave, see Annual Holidays Act, 1944.
(v) Such part-time
employee who is required to and does work on a public holiday as defined in
subclause (iii) and (iv) of clause 26, Annual Leave, shall be paid for the time
actually worked at the rate of double time and one half such payment being in
lieu of weekend or shift allowances which would otherwise be payable had the
day not been a public holiday; Provided that a part-time employee shall not be
entitled to be paid in addition the allowance of 10 per cent prescribed in
subclause (ii) of this Part in respect of such work.
(vi) The provisions
of subclauses (i) and (ii) of clause 29, Long Service Leave of this award shall
not apply to such part-time employees who shall be entitled to long service
leave in accordance with the provisions of the Long Service Leave Act, 1955.
26. Annual Leave
(i) Annual leave
on full pay is to be granted on completion of each twelve months' service as
follows:
(a) Employees
required to work on a 7 day basis - 6 weeks annual leave.
(b) All other
employees - 4 weeks annual leave.
(ii)
(a) An employee to
whom paragraph (a) of subclause (i) applies and who is required to and does
work on a public holiday shall be paid, in addition to the appropriate ordinary
weekly rate of pay, at the rate of one half time extra for the time actually
worked on such holiday. Such payment shall be in lieu of any additional rate
for shift work or weekend work which would otherwise be payable had the day not
been a public holiday.
(b) To leave
prescribed by paragraph (a) of subclause (i) there shall be added one working
day or one half working day for each special public holiday or half public
holiday (not being one of the 10 specifically named public holidays prescribed
by subclause (iii) of this clause, or a special day proclaimed in lieu of any
of them) which may occur during the qualifying period for annual leave or
during the period of annual leave.
(c) A public
holiday occurring on an ordinary working day shall be allowed to employees
covered by paragraph (b) of subclause (i) on full pay; provided that an
employee who is required to and does work on a public holiday shall have one
day or one half day, as appropriate, added to his/her period of annual leave
and be paid at the rate of one half time extra for the time actually worked.
Such payment is in lieu of any additional rate for shift work or weekend work
which would otherwise be payable had the day not been a public holiday.
In lieu of adding to annual leave under this paragraph
an employee may elect to be paid for the time actually worked at the rate of
time and one half in addition to his/her ordinary weekly rate. Where payment is
made in lieu of leave in respect of the time worked on a public holiday,
payment shall be made for a minimum of 4 hours work, and any balance of the day
or shift not worked shall be paid at ordinary rates.
(d) Where a public
holiday falls on a rostered day off of a shift worker as defined in clause 3,
Definitions, and who receives four weeks annual leave in accordance with
paragraph (b) of subclause (i) of this clause, such shift worker shall be paid
one day's pay in addition to the weekly rate or if the employee so elects shall
have one day added to the period of annual leave.
(e) To the leave
prescribed by paragraph (b) of subclause (i) there shall be added one working
day for each public holiday or one half working day of each half public holiday
which occurs on what would have been an ordinary working day during a period of
annual leave; provided that in the case of a shift worker referred to in
paragraph (d) of this subclause the provisions of this paragraph shall apply to
any public holiday falling during the period of annual leave.
(iii) For the
purpose of this subclause the following are to be public holidays viz., New
Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, local Labor Day, Christmas Day, Boxing Day and any other
day duly proclaimed and observed as a public holiday within the area in which
the hospital is situated.
(iv) In addition to
those public holidays prescribed in subclause (iii) of this clause, employees
are entitled to an extra public holiday each year. Such public holiday will
occur on a day between Christmas Day and New Year's Day as determined by the
employer following consultation with the Association. This subclause shall apply in substitution for any additional
local public holiday or half public holiday proclaimed in a local government
area.
(v) An employee
shall be eligible for annual leave when 12 months have elapsed since the date
on which the first annual leave would have begun if taken immediately it had
become due, or if the employee has not previously had annual leave, since the
commencement of employment.
(vi) Annual leave
shall be given and taken either in one consecutive period or two periods, or if
the employer and employee so agree, in either two, three, or four separate
periods but not otherwise. Provided
that up to five single days per year may be taken at times convenient to both
the employer and the employee.
(vii)
(a) Annual leave
shall be given and shall be taken within a period of 6 months after the date
when the right to annual leave accrued; provided that the giving and taking of
such leave may be postponed, by mutual agreement between the parties for a
further period not exceeding 6 months.
(b) Nothing in
this subclause shall prevent an employer by agreement with the employee, from
allowing annual leave to an employee before the right thereto has accrued but
where leave is taken in such a case a further period of annual leave will not
commence to accrue until the expiration of the 12 months in respect of which
annual leave was taken before it accrued.
(c) The employer
shall give each employee, where practicable, 3 months notice of the date upon
which he or she shall enter upon leave and in any event, such notice shall not
be less than 28 days.
(viii)
(a) Each employee
before going on leave shall be paid for the period of the leave at the ordinary
rate of salary to which he or she is entitled under this award.
(b) For the
purpose of this subclause "ordinary rate of salary" means the award
salary without any deduction for accommodation and/or board, provided that the
employer is entitled to make such deduction for accommodation as is authorised
by clause 34, Accommodation and Board, of this award, if the employee, having
been requested by the employer to leave his or her room completely vacant
during the period of annual leave, fails to do so.
(c) An employee to
whom paragraph (a) of subclause (i) applies shall be paid during the first 28
consecutive days whilst on annual leave his or her ordinary rate of salary plus
shift allowances and weekend penalties relating to ordinary time the employee
would have worked if he or she had not been on annual leave. Additional annual
leave accrued under subclause (xi) attracts shift allowances and weekend
penalties relating to ordinary time the employee would have worked if he or she
had not been on annual leave.
Provided that, the provisions of the preceding
paragraphs of this subclause shall not apply to public holidays which occur
during a period of annual leave or days which have been added to annual leave
in accordance with paragraph (b) of subclause (ii) and subclause (iv) of this
clause.
(ix) Except as
provided in subclause (x) and (xi) of this clause payment for annual leave
shall not be made or accepted in lieu of annual leave.
(x) Where the
employment of an employee is terminated, the employee shall be entitled to
receive, in addition to all other amounts due, in respect of service of less
than one year an amount equal to one twelfth (6/46ths in respect of employees
rostered to work on a 7 day basis) of his or her ordinary pay for that period
of employment together with payment for any days added to annual leave in
accordance with subclause (ii) of this clause and in calculating such payment
no deduction is to be made for accommodation or board. Provided that this subclause shall not apply
to an employee who elects to transfer his or her leave entitlement in
accordance with Department of Health Circular No. 93/90, dated 23/9/93, as amended from time to time, dealing with
public sector staff mobility.
(xi)
(a) In addition to
the leave prescribed by subclause (i) employees who work their ordinary hours
on Sundays and/or public holidays are entitled to receive additional annual
leave as follows:
|
Number of ordinary shifts worked on Sundays and/or public
holidays
|
Additional
|
|
during qualifying period of employment for annual leave
purposes.
|
Annual Leave
|
|
|
|
|
4 to 10
|
1 day
|
|
11 to 17
|
2 days
|
|
18 to 24
|
3 days
|
|
25 to 31
|
4 days
|
|
32 or more
|
5 days
|
provided that an employee may elect to be paid when
proceeding on annual leave an amount equivalent to the value of his or her
additional leave entitlement in lieu of taking the additional annual leave.
Such election is to be made in writing by the employee at the commencement of
each year of employment and is irrevocable during the currency of that year of
employment.
(b) On termination
of employment, employees are to be paid for untaken annual leave due under this
subclause together with payment for any leave in respect of an uncompleted year
of employment calculated in accordance with this subclause together with
payment for any untaken leave due in accordance with subclause (x). Provided
that this subclause shall not apply to an employee who elects to transfer his
or her leave entitlement in accordance with Department of Health Circular No. 93/90, dated 23/9/93, as amended from time
to time, dealing with public sector staff mobility.
27. Annual Leave
Loading
Employees shall be paid an annual leave loading in
accordance with the Department Circular No. 82/14 of 11.1.1982, as amended from
time to time.
28. Personal Carer’s
Leave, Family and Community Services Leave
The provisions of Department of Health Circular No. 97/11,
as amended from time to time, shall apply.
29. Long Service
Leave
(i)
(a) Each employee
shall be entitled to two months long service leave on full pay or four months
long service leave on half pay after ten years service; thereafter additional
long service leave shall accrue on the basis of five months long service leave
on full pay or ten months on half pay for each ten years service.
(b) Where the
services of an employee with at least five years service as an adult and less
than ten years service are terminated by the employer for any reason other than
the employee's serious and wilful misconduct, or by the employee on account of
illness, incapacity or domestic or other pressing necessity, he or she shall be
entitled to be paid a proportionate amount for long service leave on the basis
of two months' long service leave for ten years service. For the purpose of
this subclause "service as an adult" means service with an employer
during which the employee received a rate of pay not less than the lowest rates
fixed under this award for an adult in the same classification as the
employee. Where some of the service of
an employee has not been under this award "service as an adult" means
- in the case of a worker employed to do work for which the price, rate or wage
has been fixed by an award made with the Commonwealth Workplace Relations Act 1996 or made under the Industrial Relations Act 1996, or has been fixed by an industrial
agreement made pursuant to or registered under the said Acts or an agreement or
determination made pursuant to the Public
Sector Management Act 1988 - the period of service during which the
remuneration applicable to the officer was at a rate not less than the lowest
rate fixed under the award, industrial agreement, agreement or determination
for an adult male or adult female in the same classification as the employee.
(ii) For the
purposes of subclause (i) of this clause-
(a) "Service"
shall mean service in one or more hospitals or area health services
(b) Service shall
not include-
(1) any period of
leave without pay except in the case of employees who have completed at least
ten years service (any period of absence without pay being excluded therefrom)
in which case service shall include any period of leave without pay not
exceeding six months taken after the 12 March 1975;
(2) any period of
part-time service arising from service under Part IV, Savings Provisions, of
clause 25, Part-time Casual and Temporary Employees, except as provided for in
subclause (vii).
(iii) Long service
leave shall be taken at a time mutually arranged between the employer and
employee.
(iv) When a
licensed private hospital becomes a public hospital and an employee of the
private hospital thereupon is employed by the public hospital such employee,
for the purpose of calculating service for long service leave shall be deemed
to have served in the industry of nursing for a period equal to 75 per cent of
the actual continuous service with the employer in the private hospital
immediately prior to the hospital becoming a public hospital.
(v) Full pay shall
mean the award salary without any deduction for accommodation and/or board; provided
that an employer shall be entitled to make such deduction for accommodation as
is authorised by clause 34, Accommodation and Board, if the employee having
been requested by the employer to leave his or her room completely vacant
during the period of long service leave, fails to do so.
(vi)
(a) On the
termination of employment of an employee otherwise than by his or her death, an
employer shall pay to the employee the monetary value of all long service leave
accrued and not taken at the date of such termination, unless the employee
elects to transfer his or her leave entitlement in accordance with Department
of Health Circular No 93/90, as amended from time to time.
(b) Where an
employee who has acquired a right to long service leave, or after having had
five years of service as an adult and less than ten years service, dies, the
widow or the widower of such employee or if there is no such widow or widower
the children of such employee or if there is no widow, widower or children,
such person who, in the opinion of the employer, was at the time of the death
of such officer, a dependant relative of such employee, shall be entitled to
receive the monetary value of the leave not taken or which would have accrued
to such employee had his or her services been terminated as referred to in
paragraph (b) of subclause (i) of this clause and such monetary value shall be
determined according to the salary payable to the employee at the time of his
or her death. Where there is a guardian of any children entitled under this
paragraph the payment to which such children are entitled may be made to such
guardian for their maintenance, education and advancement. Where there is no
person entitled under this paragraph to receive the monetary value of any leave
payable under the foregoing provisions payment in respect thereof shall be made
to the legal personal representative of such officer.
(vii) An employee
shall be entitled to have previous part-time service which is the equivalent of
at least two full days' duty per week taken into account for long service leave
purposes in conjunction with full-time or permanent part-time service on the
basis of the proportion that the actual number of hours worked each week bears
to 38 hours, provided that the part-time service merges without break with the
subsequent full-time or permanent part-time service.
(viii) Except as
provided for in subclause (ix) of this clause, rights to long service leave
under this clause shall be in replacement of rights to long service leave, if
any, which at 12 March 1975, may have accrued or may be accruing to an employee
and shall apply only to persons in the employ of the employer on or after 12
March 1975. Where an employee has been granted long service leave or has been
paid its monetary value prior to 12 March, 1975, the employer shall be entitled
to debit such leave against any leave to which the employee may be entitled
pursuant to this clause.
(ix) The following
provisions apply only to employees employed in a hospital as at 12 March 1975:
(a) An employee
who -
(i) has had
service in a hospital, to which clause 11
Climatic and Isolation Allowances, applies, prior to 12 March 1975, or
(ii) is employed
in a hospital, to which clause 11, Climatic and Isolation Allowances, applies
as at 12 March 1975:
shall be granted long service leave in accordance with
the long service leave provisions in force prior to 12 March, 1975, in lieu of
the provisions provided by this award where such benefits are more favourable
to the employee.
(b) An employee employed
-
(i) on a part
time basis as at 12 March 1975, may be allowed long service leave in accordance
with the long service leave provisions in force prior to 12 March 1975, in lieu
of the provisions of the Long Service
Leave Act, 1955, as provided for in subclause (vii) of this clause;
(ii) on a full
time basis as at 12 March 1975 but who has had prior part time service may be
allowed to continue to be granted long service leave in accordance with the
long service leave provisions in force prior to 12 March 1975, in lieu of the
provisions provided by this award where such benefits are more favourable to
the employee.
30. Parental Leave
A. Maternity
Leave -
(i) Eligibility:
To be eligible for paid maternity leave an employee
must have completed at least 40 weeks continuous service of not less than 31¼
hours per week prior to the expected date of birth or be a permanent part-time
employee as specified.
An employee who has once met the conditions for paid
maternity leave will not be required to work again the 40 weeks continuous
service in order to qualify for a further period of paid maternity leave,
unless:
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(b) the employee
has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not
include sick leave without pay, maternity leave without pay, or leave without
pay associated with an illness or injury compensable under the Workers' Compensation Act, 1987.
(ii) Portability
of Service for Paid Maternity Leave:
Portability of service for paid maternity leave
involves the recognition of service in public sector organisations for the
purpose of determining an employee's eligibility to receive paid maternity
leave. For example, where an employee
moves between a public sector department and a public hospital, previous continuous
service will be counted towards the service prerequisite for paid maternity
leave.
When determining an employee's eligibility for paid
maternity leave, continuous service with New South Wales public sector
organisations which are included in the schedule of the Transferred Officers Extended Leave Act, 1961, will be recognised,
provided that:
(a) service was on
a full-time or permanent part-time (as specified) basis;
(b) cessation of
service with the former employer was not by reason of dismissal on any ground,
except retrenchment or reduction of work;
(c) the employee
commences duty with the new employer on the next working day after ceasing
employment with the former employer (there may be a break in service of up to
two months before commencing duty with the new employer provided that the new
position was secured before ceasing duty with the former employer. However, such a break in service will not be
counted as service for the purpose of calculating any prior service
prerequisite for paid maternity leave).
NOTE: These conditions reflect Circulars 87/98 and 87/235.
(iii) Entitlement:
Eligible employees are entitled to paid maternity leave
as follows -
(a) Paid Maternity
Leave - an employee is entitled to nine weeks at the ordinary rate of pay from
the date maternity leave commences. This leave may commence up to nine weeks
prior to the expected date of birth.
It is not compulsory for an employee to take this
period off work. However, if an employee decides to work during this period it
is subject to the employee being able to perform satisfactorily the full range
of normal duties.
Paid maternity leave may be paid:
- on a normal fortnightly basis
- in advance in a lump sum
- at the rate of half pay over a period of eighteen weeks on a regular fortnightly basis.
Recreation and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid
Maternity Leave - an employee is entitled to a further period of unpaid
maternity leave of not more than 12 months after the actual date of birth.
(iv) Applications:
An employee who intends to proceed on maternity leave
should formally notify her employer of such intention as early as possible, so
that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must
include a medical certificate stating the expected date of birth and should
also indicate the period of leave desired.
(v) Variation
after Commencement of Leave:
After commencing maternity leave, an employee may vary
the period of her maternity leave, once without the consent of her employer and
other wise with the consent of her employer.
A minimum of 4 weeks notice must be given, although an employer may
accept less notice if convenient.
The conditions relating to variation of maternity leave
are derived from Section 64 of the Industrial
Relations Act 1996.
(vi) Staffing
Provisions:
In accordance with obligations established by the
Section 69 of the Industrial Relations
Act 1996, any person who occupies the position of an employee on maternity
leave must be informed that the employee has the right to return to her former
position. Additionally, since an employee has the right to vary the period of
her maternity leave, offers of temporary employment should be in writing,
stating clearly the temporary nature of the contract of employment. The duration of employment should be also
set down clearly; to a fixed date or until the employee elects to return to
duty, whichever occurs first.
(vii) Effect of
Maternity Leave on Accrual of Leave, Increments etc.:
When the employee has resumed duties, any period of
full pay leave is counted in full for the accrual of recreation leave and any
period of maternity leave on half pay is taken into account to the extent of
one half thereof when determining the accrual of recreation leave.
Except in the case of employees who have completed ten
years' service the period of maternity leave without pay does not count as
service for long service leave purposes.
Where the employee has completed ten years' service the period of
maternity leave without pay shall count as service provided such leave does not
exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of
maternity leave at full pay and at half pay are to be regarded as service for
incremental progression on a pro-rata basis.
Where public holidays occur during the period of paid maternity
leave, payment is at the rate of maternity leave received i.e., public holidays
occurring in a period of full pay maternity leave are paid at full rate and
those occurring during a period of half pay leave are paid at half rate.
(viii) Illness Associated
with Pregnancy:
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then she can elect to use any
available paid leave (sick, recreation and/or long service leave) or to take
sick leave without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, recreation, long service leave, or sick
leave without pay prior to the birth, such leave ceases nine weeks prior to the
expected date of birth. The employee
then commences maternity leave with the normal provisions applying.
(ix) Transfer to a
More Suitable Position:
Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to satisfactorily perform. This obligation arises
from section 70 of the Industrial
Relations Act 1996. A position to which an employee is transferred under
these circumstances must be as close as possible in status and salary to her
substantive position.
(x) Miscarriages:
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions
(xi) Stillbirth:
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave, subject to production of a medical certificate, or maternity leave. She may resume duty at any time provided she
produces a doctor's certificate as to her fitness.
(xii) Effect of
Premature Birth on Payment of Maternity Leave:
An employee who gives birth prematurely, and prior to
proceeding on maternity leave shall be treated as being on maternity leave from
the date leave is commenced to have the child.
Should an employee return to duty during the period of paid maternity
leave, such paid leave ceases from the date duties are resumed.
(xiii) Right to
Return to Previous Position:
In accordance with the obligations set out in section
66 of the Industrial Relations Act,
1996 an employee returning from maternity leave has the right to resume her
former position.
Where this position no longer exists the employee is
entitled to be placed in a position nearest in status and salary to that of her
former position and for which the employee is capable or qualified.
(xiv) Return for Less
than Full Time Hours:
Employees may make application to their employer to
return to duty for less than the full time hours they previously worked by
taking weekly leave without pay. All such applications are to be considered
having regard to the terms of Department of Health Circular No 99/66 dated 30
July 1999, as amended from time to time.
Salary and other conditions of employment are to be
adjusted on a basis proportionate to the employee’s full-time hours of work;
i.e., for long service leave the period of service is to be converted to the
full-time equivalent, and credited accordingly.
It should be noted that employees who return from
maternity leave under this arrangement remain full-time employees. Therefore the payment of any part-time
allowance to such employees does not arise.
(xv) Further
Pregnancy While on Maternity Leave:
Where an employee becomes pregnant whilst on maternity
leave, a further period of maternity leave may be granted. Should this second
period of maternity leave commence during the currency of the existing period
of maternity leave, then any residual maternity leave from the existing
entitlement lapses.
B. Adoption
Leave -
(i) Eligibility:
To be eligible for paid adoption leave an employee must
have completed at least 40 weeks continuous service of not less than 31¼ hours
per week (or 40 weeks continuous service for permanent part-time employees as
specified) prior to the date of taking custody of the child.
An employee who has once met the conditions of paid
adoption leave, will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless:
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been
otherwise dispensed with; or
(b) the employee
has completed a period of leave without pay of more than 40 weeks. In this
context, leave without pay does not include sick leave without pay, maternity
leave without pay, or leave without pay associated with an illness or injury
compensable under the Workers
Compensation Act, 1987.
(ii) Entitlement:
(a) Paid Adoption Leave
-
Eligible employees are entitled to paid adoption leave
of three weeks at the ordinary rate of pay from and including the date of
taking custody of the child.
Paid adoption leave may be paid:
on a normal fortnightly basis
in advance in a lump sum
at the rate of half pay over a period of six weeks on a
regular fortnightly basis.
Recreation and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid
Adoption Leave -
Eligible employees are entitled to unpaid adoption
leave as follows:
where the child is under the age of 12 months - a
period of not more than 12 months from the date of taking custody;
where the child is over the age of 12 months - a period
of up to 12 months, such period to be agreed upon by both the employee and the
employer.
(iii) Applications:
Due to the fact that an employee may be given little
notice of the date of taking custody of a child, employees who believe that, in
the reasonably near future, they will take custody of a child, should formally
notify the employer as early as practicable of the intention to take adoption
leave. This will allow arrangements
associated with the adoption leave to be made.
(iv) Variation
after Commencement of Leave:
After commencing adoption leave, an employee may vary
the period of leave, once without the consent of the employer and otherwise
with the consent of the employer. A minimum of four week's notice must be
given, although an employer may accept less notice if convenient.
(v) Staffing
Provisions:
As per maternity leave conditions
(vi) Effect of
Adoption Leave on Accrual of Leave, Increments, etc;
As per maternity leave conditions
(vii) Return for
Less than Full Time Hours:
As per maternity leave conditions
Liability for Superannuation Contributions;
During a period of unpaid maternity leave or unpaid adoption
leave, the employee will not be required to meet the employer's superannuation
liability.
Note:
(i) The condition
applying to part-time employees remain unchanged and are to be found in
Circular No. 80/336 of 5 November, 1980.
(ii) Permanent
part-time employees as defined in clause 25, Part-time, Casual and Temporary
Employees, of this award (viz., employees engaged on a permanent part-time
basis for less than the full-time hours of work) who do not receive the
part-time loading but instead receive proportionate full-time conditions of
employment are covered by this clause.
As such, these permanent part-time employees (as
specified) are entitled to pro-rata paid maternity leave after 40 weeks
continuous service.
C. Paternity
Leave -
The paternity leave provisions of the Industrial Relations Act 1996, as
amended from time to time, shall apply.
At the commencement of this award, the Act provides that an employee is
entitled to a total of 52 weeks unpaid paternity leave, consisting of:
(i) an unbroken
period of up to one week at the time of the birth of the child or other
termination of the pregnancy (short paternity leave), and
(ii) a further
unbroken period in order to be the primary care-giver of the child (extended
paternity leave).
An employee resuming duty after a period of paternity leave
shall be entitled to return for less than full time hours, on the same basis as
applies to employees returning from maternity leave.
31. Military Leave
Employees shall be granted military leave in accordance with
Health Commission Circular No. 80/285 of 15 September, 1980 as amended from
time to time.
32. Repatriation
Leave
Ex-servicemen/women shall be granted repatriation leave in
accordance with the Department's General Instructions No. 1732 of 10 December
1968 as amended from time to time.
33. Sick Leave
(i) Subject to
the following limitation and conditions an employee shall be entitled to sick
leave on full pay calculated by allowing 76 rostered ordinary hours of work for
each year of continuous service less any sick leave on full pay already taken:
(a) An employee
shall not be entitled to sick leave until after three months continuous
service.
(b) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to accident pay, or workers' compensation;
provided, however that where an employee is not in receipt of accident pay, an
employer shall pay to an employee, who has sick leave entitlements under this
clause, the difference between the amount received as workers compensation and
full pay.
The employee's sick leave entitlement under this clause
shall, for each week during which such difference is paid, be reduced by the
proportion of hours which the difference bears to full pay. On the expiration
of available sick leave, weekly compensation payments only shall be payable.
(c) All periods of
sickness shall be certified to by the Medical Superintendent or Director of
Nursing of the hospital or by the employee's own legally qualified medical
practitioner or dentist. The employer may dispense with the requirement of a
medical certificate where the absence does not exceed 2 consecutive days or
where, in the employer's opinion, the circumstances are such as not to warrant
such requirement.
(d) Each employee
shall, as soon as reasonably 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.
(e) Where an
employee is absent on sick leave for a total of 10 working days in any one year
of service and has no sick leave entitlement carried over from previous years,
that employee will continue to be paid for an additional 4 hours even though no
sick leave credit might exist. Such
additional payment will not affect the subsequent year’s sick leave
entitlement, i.e. it is "special sick leave", not "sick leave in
advance" (see Department of Health Circulars Nos. 89/111 and 95/17 as amended from time to
time).
(ii) The employer
shall not change the rostered hours of an employee fixed by the roster or
rosters applicable to the fourteen days immediately following the commencement
of sick leave merely by reason of the fact that she or he is on sick leave.
(iii) For the
purpose of this clause "Service" means service in the industry of
nursing.
(iv) For the
purpose of this clause continuity of service in the industry of nursing shall
not be broken by:
(a) absences from
such industry on account of illness;
(b) periods of
absences from such industry immediately following termination of employment, in
respect of which employment a pro rata payment has been made for annual leave or long service leave,
but not exceeding the period the employee would have been required to work to
earn as salary an amount equal to such pro rata payment;
(c) absence from
such industry for the purpose of pursuing a post-graduate course in nursing
(i.e. a course which results in obtaining a certificate, diploma or
qualification) whether in Australia or elsewhere; and where the course is
pursued outside Australia an employee shall be deemed to be absent for the
purpose of pursuing the course throughout the time reasonably occupied
travelling to the place of study and return to Australia, the actual duration
of the course, a period of three months after completion of the course and
before returning to Australia and a period of one month after returning to
Australia;
(d) any reasonable
absence from the industry occasioned by an employee transferring from one
employer to another in such industry but not exceeding 14 days on any one
occasion;
(e) periods of
employment nursing in hospitals in New South Wales other than the hospitals
covered by this Award and in the Canberra Community Hospital and Woden Valley
Hospital; provided that this period of absence shall not be counted as service
for the purpose of calculating sick leave.
(v) Part Time
Employees: a part time employee shall be entitled to sick leave in the same
proportion of the seventy six hours as the average weekly hours worked over the
preceding twelve months or from the time of the commencement of employment,
whichever is the lesser, bears to thirty-eight ordinary hours. Such
entitlements shall be subject to all the above conditions applying to full time
employees. Provided that only part time service on and from the beginning of
the first pay period to commence on or after 1 January 1970, shall count for
the purpose of this subclause.
(vi) Subject to the
provision of a satisfactory medical certificate and sick leave being due,
annual leave or long service leave (extended leave) shall be recredited where
an illness of at least one week's duration occurs during the period of annual
or long service leave: Provided that the period of leave does not occur prior
to retirement, resignation or termination of services, and provided further
that the employer is satisfied on the circumstances and the nature of the
incapacity.
34. Accommodation and
Board
(i) The employer
shall where practicable provide for the use of employees who live in:
(a) Directors of Nursing:
In a hospital of which the registered number of beds is 9 or more, private
quarters which shall comprise a bedroom, sitting room, bathroom, and toilet
with appropriate furniture and fittings including a washing machine,
refrigerator and stove or stovette and facilities for preparing light
refreshments; provided that where the normal nursing staff does not exceed 7,
it shall not be necessary to provide for the Director of Nursing a separate
bathroom and toilet facilities, a washing machine, refrigerator and a stove or
stovette.
(b) Employees
other than Directors of Nursing:
(1) Dining
facilities suitable to the reasonable needs of the nursing staff.
(2) A lounge room
suitable to the reasonable needs of the staff.
(3) A study for
student nurses; provided that this provision shall apply only to hospitals
which are registered training schools.
(4) At least one
plunge bath (with shower) for each 12 (or fraction thereof) employees and in
addition at least one separate shower cubicle for each 12 (or fraction thereof)
employees.
(5) At least one
lavatory (if in a bathroom adequately partitioned off from the bathing
facilities) for each 8 (or fraction thereof) employees.
(6) A kitchen or
kitchenette equipped with reasonable facilities for storing and preparing light
refreshments and with normal kitchen utensils, stove or stovette, refrigerator,
china, crockery and cutlery.
(7) Suitable
facilities including a washing machine for the laundering and drying of
personal clothing.
(8) A separate
bedroom of such dimensions as to provide a floor area of not less than 100
square feet and which contains suitable floor coverings and a bedside lamp and
fittings and shall be furnished with a bed, a dressing table, a wardrobe
(built-in cupboard) of adequate size and a chair.
(9) Where it is
necessary for 2 or more employees to sleep in a bedroom 750 cubic feet of space
shall be provided for each employee. Such bedroom shall contain suitable floor
coverings and for each employee the employer shall provide a bed, a dressing
table, a wardrobe (built-in cupboard) of adequate size and a chair.
(10) In respect of
subparagraphs (2), (4), (5), and (6) of this paragraph separate provision shall
be made for trained and untrained staff; provided that as to subparagraphs (2),
(4) and (5) of this paragraph this provision shall not apply in a hospital in
which the normal number of nursing staff is less than 12.
(11) Adequate
heating suitable to the reasonable needs of the staff present shall be provided
in the lounge room during the winter time.
(ii) The employer
shall provide such domestic staff as is necessary to maintain the accommodation
in a proper condition at all times.
(iii) The following
deductions from salary shall be made by an employer for accommodation:
(a) Directors of
Nursing and employees occupying separate bedroom accommodation of a reasonable
standard: an amount as set in Item 15 of Table 2 of Part B per week.
(b) Directors of
Nursing provided with a self contained flat attached to the hospital's nurses
home; an amount as set in the said Item 15 per week.
(iv) An employer
shall provide for employees who live in, full board of 21 meals per week and
the meals shall consist of an adequate quantity of wholesome well-cooked and
well-prepared food-stuffs including green vegetables and fruit in season and in
addition the employer shall provide tea, coffee, milk and sugar for morning and
afternoon tea and supper and early morning tea for employees on night or early
morning duty. An employer who complies with the foregoing provisions of this
subclause may make a deduction of as set in Item 16 of table 2 of Part B per
week.
(v)
(a) The employer
shall provide for the use of employees who live out:
(1) a suitable
change room and adequate washing and toilet facilities; provided that the
washing and toilet facilities need not be distinct from those provided for
employees who live in and this provision shall not apply to a hospital the
registered number of beds of which is less than 9;
(2) a full-length
locker fitted with lock and key or other suitable place for the safe keeping of
clothing and personal effects of such employee;
(b) An employer
shall provide for an employee who lives out, tea, coffee, milk and sugar for
morning and afternoon tea, supper and early morning tea when the employee is on
duty at times appropriate for the partaking thereof and shall provide also for
such an employee who requires them, meals of the standard specified in
subclause (iv) of this clause, which fall during the duty period and for such
meals so provided may make a charge, provided that the charge for breakfast and
other meals shall be as set in Item 17 of Table 2 of Part B.
(vi) The charges
referred to in subclauses (iii), (iv) and (v) to be adjusted in accordance with
any general movement in wage rates in this award. The Corporation may apply for
additional adjustments from time to time based on the differences between such
wage increases and the actual cost of providing these services. Provided that an employer may waive all or
part of these charges at its discretion as an incentive to recruitment of
nurses.
(vii) Where an
employee partakes of a meal from a cafeteria service provided by a hospital, he
or she shall be required to pay the charge fixed for such meal in lieu of the
meal charges prescribed in subclauses (iv) or (v) of this clause.
35. Grading Committee
A Committee consisting of two representatives of the
employer and two representatives of the Association shall be constituted to
consider and make recommendations to the employer in relation to:
(a) any request or
proposal to establish or alter the grading of positions of Nursing Unit
Manager;
(b) the date of
effect of any grading recommended.
Provided that:
(i) an employee
shall, whilst the grading or remuneration of his or her position is under
consideration, be ineligible to be a member of the Committee;
(ii) the Committee
shall not, without sufficient reason, recommend the retrospective operation of
any grading or remuneration; and
(iii) where a
retrospective date of effect is recommended, such date shall not be earlier
than a date six months prior to the date on which the matter was referred to
the Committee.
36. Gradings of
Positions of Nurse Manager
(i) All positions
of Nurse Manager, as defined in Clause 3, Definitions of this award shall be
graded by Health Services in accordance with the Work Level Statements set out
in Schedule 1 to this award.
(ii) Health
Services may determine a higher grading including a multi-grade, eg. Grade 4-5, Grade 6-7, etc., than provided
for under the Work Level Statements where the requirements of the position
involve a higher level of complexity and/or an extended role to that generally
comprehended by the otherwise applicable Work Level Statement.
(iii) Progression
to the second salary point in each grade will occur after 12 months
satisfactory service in that grade.
Provided that accelerated progression within the 12 month period, or on
commencement of employment, may occur where the employer is satisfied that such
progression is warranted in an individual case.
(iv) If
dissatisfied with the grade as determined in any individual case, the
Association may discuss the matter with the local Health Service management
and, if still dissatisfied, may apply for a review of the grading by the
Department of Health and the Association at a central level.
(v) No employee is
to suffer a reduction in salary as a result of the implementation of the new
structure. Where an employee would
ordinarily be classified at a grade which carries a salary less than his or her
current salary he or she shall retain his or her current salary, including all
future increases thereto, on a strictly personal basis, while ever he or she
remains in the current position.
(vi) Employees
seeking appointment to positions of Nurse Manager are generally expected to
possess the core knowledge and skills appropriate to the respective grades as
set out in Schedule 1 to this award.
37. Deputy Directors
of Nursing, Assistant Directors of Nursing
(i) The following
appointments shall be made in hospitals with adjusted daily averages of
occupied beds as specified hereunder:
|
Less than 150 beds -
|
a Deputy Director of Nursing
|
|
150 beds and over
-
|
a Deputy Director of Nursing, Assistant Directors of
Nursing.
|
(ii) Appointments
under subclause (i) of this clause shall be made within two calendar months of
the date this award becomes operative and thereafter within two calendar months
of the occurrence of a vacancy. In default of appointment within the said
period of two calendar months, the registered nurse employed as such or in a
higher classification who has customarily relieved in the vacant position, or
if no one has so customarily relieved, the registered nurse employed in the
same or the next senior classification below the vacant position with the
longest service in such classification at the hospital, shall be deemed to be
appointed until such time as another appointment is made by the hospital.
(iii) This clause
shall not apply to a hospital using members, novices or aspirants of religious
orders where a member of an order carries out the duties under this clause of
an Assistant Director of Nursing or Deputy Director of Nursing.
38. Proportion
Except in cases of emergency not more than four enrolled
nurses and/or assistants in nursing to each registered nurse shall be employed
in a hospital and for this purpose a Director of Nursing shall count.
39. Medical
Examination of Nurses
See Department of Health Circular No. 83/362 of 7 December 1983 as varied, from time
to time by agreement.
40. Domestic Work
Except as hereinafter provided, nurses shall not be required
to perform, as a matter of routine, the following duties: viz.; washing,
sweeping, polishing and/or dusting of floors, walls or windows of wards, corridors,
annexes, bathrooms or verandahs or any duties which are generally performed by
classifications other than nursing staff, but this provision shall not preclude
the employment of nurses on any such duties in an isolation block or where the
performance of those duties involves disinfection.
41. Termination of
Employment
(i) Except for
misconduct justifying summary dismissal, the services of an employee shall be
terminated only by fourteen days notice or by payment of fourteen days salary
in lieu thereof in the case of an employee other than a Director of Nursing,
and by twenty eight days notice or by the payment of twenty eight days salary
in lieu thereof in the case of a Director of Nursing.
(ii) No employee
shall, without the consent of the employer, resign without having given
fourteen days notice (or in the case of a Director of Nursing, twenty eight
days notice) of intention so to do or forfeiting salary earned during the pay
period current at the time of resignation; provided that in no circumstances
shall the employee forfeit more than fourteen days pay at the rate prescribed
for his or her classification by clause 8, Salaries.
(iii) Employees who
have accrued additional days off duty pursuant to subclause (vii) of clause 4,
Hours of Work and Free Time of Employees Other Than Directors of Nursing and
Area Managers, Nurse Education, shall be paid for such accrued time at ordinary
rate of pay upon termination.
(iv) Upon the
termination of the services of an employee, the employer shall furnish the
employee with a written statement, duly signed by or on behalf of the employer,
setting out the period of the employment and the capacity in which the employee
was employed.
42. Labour
Flexibility
(i) An employer
may direct an employee to carry out such duties as are reasonable and within
the limits of the employee's skill, competence and training provided that such
duties are not designed to promote deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and equipment
as may be required provided that the employee has been properly trained or has
otherwise acquired the necessary skills in the use of such tools and equipment.
(iii) Any direction
issued by an employer pursuant to sub-clause (i) and (ii) shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
(iv) Existing
provisions with respect to the payment of mixed functions/higher duties
allowances shall apply in such circumstances.
43. Right of Entry
See Section 297 of the Industrial
Relations Act 1996.
44. Disputes
(i) All parties
must use their best endeavours to cooperate in order to avoid any grievances
and/or disputes.
(ii) Where a
dispute arises in any hospital or health facility, regardless of whether it
relates to an individual nurse or to a group of nurses, the matter must be
discussed in the first instance by the nurse(s) (or the Association on behalf
of the nurse(s) if the nurse(s) so request(s) ) and the immediate supervisor of
that nurse(s).
(iii) If the matter
is not resolved within a reasonable time it must be referred by the nurse(s)'
immediate supervisor to the Chief Executive Officer of the employer (or his or
her nominee) and may be referred by the nurse(s) to the Association’s Head Office. Discussions at this level must take place
and be concluded within 2 working days of referral or such extended period as
may be agreed.
(iv) If the matter
remains unresolved, the Association must then confer with the appropriate level
of management (i.e. at Hospital/Area Health Service/Department level, depending
on the nature and extent of the matter). Discussions at this level must take
place and be concluded within 2 working days of referral or such extended
period as may be agreed.
(v) If these
procedures are exhausted without the matter being resolved, or if any of the
time limits set out in those procedures are not met, either the Association or
the employer may seek to have the matter mediated by an agreed third party, or
the matter may be referred in accordance with the provisions of the Industrial Relations Act 1996 (NSW) to
the Industrial Relations Commission for its assistance in resolving the issue.
(vi) During these
procedures normal work must continue and there must be no stoppages of work,
lockouts, or any other bans or limitations on the performance of work.
(vii) 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:
(a) immediately
before the issue arose; or
(b) 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.
(viii) Throughout all
stages of these procedures, adequate records must be kept of all discussions.
(ix) These
procedures will be facilitated by the earliest possible advice by one party to
the other of any issue or problem which may give rise to a grievance or
dispute.
44A.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object of
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 dispute resolution 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 provision 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 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".
45. Exemption
This award shall not apply to -
(i) members,
novices or aspirants of religious orders in hospitals;
(ii) the United
Dental Hospital of Sydney, provided that nurses employed thereat are paid not
less than the appropriate salaries prescribed by this award.
46. Salary Packaging
(i) By agreement
with their employer, employees may elect to package a portion (but no more than
50%) of their salary in accordance with this clause, to obtain a range of
benefits as set out in the NSW Health Services Salary Packaging Policy and
Procedure Manual, as amended from time to time. Such election must be made
prior to the commencement of the period of service to which the earnings
relate. Where an employee also elects to salary sacrifice to superannuation
under this award, the combined amount of salary packaging/sacrificing shall not
exceed 50% of salary.
(ii) Where an
employee elects to package a portion of salary:
(a) Subject to
Australian taxation law, the packaged portion of salary will reduce the salary
subject to appropriate PAYG taxation deductions by the amount of that packaged
portion.
(b) Any allowance,
penalty rate, overtime payment, payment for unused leave entitlements, weekly
worker’s compensation, or other payment other than any payment for leave taken
in service, to which an employee is entitled under this award or statute which
is expressed to be determined by reference to an employee’s salary, shall be
calculated by reference to the salary which would have applied to the employee
under this award in the absence of any salary packaging or salary sacrificing
made under this award.
(c) "Salary"
for the purpose of this clause, for superannuation purposes, and for the
calculation of award entitlements, shall mean the award salary as specified in
Clause 8 Salaries, and which shall include "approved employment
benefits" which refer to fringe benefit savings, administration costs, and
the value of packaged benefits.
(iii) The salary
packaging scheme utilises the Public Benevolent Institution (PBI) taxation
status, which provides for a fringe benefits tax exemption cap of $17,000 per
annum. The maximum amount of fringe benefits-free tax savings that can be
achieved under the scheme is where the value of benefits when grossed-up, equal
the fringe benefits exemption cap of $17,000. Where the grossed-up value
exceeds the cap, the employer is liable to pay fringe benefits tax on the
amount in excess of $17,000, but will pass on this cost on to the employee. The
employer’s share of savings, the combined administration cost, and the value of
the packaged benefits, are deducted from the pre tax dollars.
(iv) The parties
agree that the application of the fringe benefits exemption cap and the PBI
status of the NSW Health Services are subject to the prevailing Australian
taxation laws.
(v) If an employee
wishes to withdraw from the salary packaging scheme, the employee may only do
so in accordance with the required period of notice as set out in the Salary
Packaging Policy and Procedure Manual.
(vi) Where an
employee ceases to salary package, arrangements will be made to convert the
agreed package amount to salary. Any costs associated with the conversion will
be borne by the employee, and the employer shall not be liable to make up any
salary lost as a consequence of the employee’s decision to convert to salary.
(vii) Employees
accepting the offer to salary package do so voluntarily. Employees are advised
to seek independent financial advice and counselling to apprise them of the
implications of salary packaging on their individual personal financial
situations.
(viii) The employer
and the employee shall comply with the procedures set out in the NSW Health
Services Salary Packaging Policy and Procedure Manual as amended from time to
time.
47. Deduction of
Union Membership Fees
(i) The union
shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union’s
rules.
(ii) The union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
(iii) Subject to
(i) and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union’s rules, provided that the employee has authorised the employer to
make such deductions.
(iv) Monies so
deducted from employees’ pay shall be forwarded regularly to the union together
with all the necessary information to enable the union to reconcile and credit
subscriptions to employees’ union membership accounts.
"Regularly" shall be defined as monthly
except where practice and protocol of a Health Service or Hospital at the time
of this variation (March 2002) was fortnightly.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make fresh authorisation in order for such
deductions to continue.
48. Leave Reserved
Leave is reserved to the New South Wales Nurses' Association
to apply with respect to the following matters -
Clause 4 Hours of
Work and Free Time of Employees Other Than Directors of Nursing and Area
Managers, Nurse Education:
Subclauses (i), (ii) and (iii) (a) with respect to the
ordinary hours of work;
Ordinary hours of work for employees who work night
duty.
Clause 10 - Special Allowances:
Subclause (i) (a) with respect to the registered nurse
in charge of a hospital of less than 100 beds in the absence of a medical
officer.
Clause 12 - Penalty Rates for Shift Work and Weekend Work:
Subclause (i) with respect to the penalty rate for a
night shift.
Clause 25 - Part Time, Temporary and Casual Employees:
Part 1, Subclause (iv) with respect to the quantum of
annual leave.
Clause 26 - Annual Leave
Subclause (i) with respect to the quantum of annual
leave;
Subclause (viii) (c) with respect to the payment of
shift allowances.
Clause 28 - Personal/Carer's Leave:
With respect to the quantum of leave.
Clause 30 - Parental Leave:
C Paternity Leave with respect to the payment for
leave.
Clause 33 - Sick Leave:
Subclause (i) with respect to the quantum of leave.
Clause 37 - Deputy Directors of Nursing, Assistant Directors
of Nursing:
With respect to after hours Nurse Managers.
Clause 38 - Proportion:
With respect to trainee enrolled nurses.
Study Leave and Career Development Activities.
Inservice Education.
Critical Incident Counselling.
Filling of Promotional Positions.
49. Area, Incidence
and Duration
(i) This award
rescinds and replaces the Public Hospital Nurses' (State) Award published 5
September 1997 (300 I.G. 1033), and all variations thereof.
(ii) It shall
apply to persons engaged in the industry of nursing as defined herein, within
the State of New South Wales, within the jurisdiction of the Public Hospital
Nurses' (State) Industrial Committee.
(iii) It shall take
effect from the beginning of the first pay period commencing on or after 12
June 2002 except for the provisions in Clause 21 Overtime, subclause (ix),
which shall take effect from 12 September 2002. The award shall remain in force
thereafter until 12 June 2003.
Part B
MONETARY RATES
Table 1 - Salaries
|
|
Column 1
|
|
Classification
|
01/01/2002
|
|
|
Per Week
|
|
|
$
|
|
Assistant in Nursing -
|
|
|
Under 18 years of age -
|
|
|
First year of experience
|
388.90
|
|
Second year of experience
|
406.10
|
|
Thereafter
|
422.30
|
|
|
|
|
18 years of age and over -
|
|
|
First year of experience
|
458.80
|
|
Second year of experience
|
473.50
|
|
Third year of experience
|
488.30
|
|
Thereafter
|
503.60
|
|
|
|
|
Trainee Enrolled Nurse -
|
|
|
Under 18 years of age -
|
|
|
First year of experience
|
388.90
|
|
Second year of experience
|
406.10
|
|
Thereafter
|
422.30
|
|
|
|
|
18 years of age and over -
|
|
|
First year of experience
|
458.80
|
|
Second year of experience
|
473.50
|
|
Third year of experience
|
488.30
|
|
Thereafter
|
503.60
|
|
|
|
|
Enrolled Nurse
|
|
|
First year of experience
|
563.20
|
|
Second year of experience
|
575.50
|
|
Third year of experience
|
587.90
|
|
Fourth year of experience
|
600.30
|
|
Thereafter
|
612.90
|
|
Enrolled Nurse - Special Grade
|
632.00
|
|
|
|
|
Residential Care Nurse -
|
|
|
First year of experience
|
549.40
|
|
Second year of experience
|
560.50
|
|
Third year of experience
|
571.30
|
|
Fourth year of experience
|
584.50
|
|
Thereafter
|
595.30
|
|
|
|
|
Mothercraft Nurse -
|
|
|
First year of service
|
605.40
|
|
Second year of service
|
624.70
|
|
Third year of service
|
647.10
|
|
Fourth year of service
|
669.00
|
|
Fifth year of service
|
691.20
|
|
Sixth year of service
|
713.90
|
|
Seventh year of service
|
729.20
|
|
Eight year of service
|
745.40
|
|
Ninth year of service
|
761.00
|
|
|
|
|
The mothercraft
classification applies only to persons employed in
|
|
this classification as
at 31 December 1988. Persons employed after
|
|
that date are
classified as enrolled nurses.
|
|
|
|
Nurse undergoing pre-registration training
|
550.50
|
|
otherwise than as a student.
|
|
|
|
|
|
Registered Nurse -
|
|
|
First year of service
|
638.50
|
|
Second year of service
|
673.30
|
|
Third year of service
|
708.00
|
|
Fourth year of service
|
745.20
|
|
Fifth year of service
|
782.10
|
|
Sixth year of service
|
819.10
|
|
Seventh year of service
|
861.20
|
|
Eight year of service
|
896.60
|
|
Clinical Nurse Specialist
|
933.30
|
|
Clinical Nurse Educator
|
933.30
|
|
|
|
|
Nurse Educator -
|
|
|
First year
|
1035.20
|
|
Second year
|
1064.30
|
|
Third year
|
1090.50
|
|
Fourth year
|
1147.40
|
|
|
|
|
Clinical Nurse Consultant (appointed prior
|
1147.40
|
|
to 31/12/99)
|
|
|
|
|
|
Clinical Nurse Consultant Grade 1
|
|
|
First year of service
|
1121.70
|
|
Second year of service
|
1144.50
|
|
|
|
|
Clinical Nurse Consultant Grade 2
|
|
|
First year of service
|
1167.30
|
|
Second year of service
|
1190.40
|
|
|
|
|
Clinical Nurse Consultant Grade 3
|
|
|
First year of service
|
1236.10
|
|
Second year of service
|
1259.00
|
|
|
|
|
Nurse Practitioner
|
|
|
First year of service
|
1236.10
|
|
Second year of service
|
1259.00
|
|
|
|
|
Nursing Unit Manager -
|
|
|
Level 1
|
1124.70
|
|
Level 2
|
1178.30
|
|
Level 3
|
1209.80
|
|
Nurse Manager -
|
|
|
Grade 1
|
|
|
First year
|
1121.70
|
|
Second year
|
1144.50
|
|
|
|
|
Grade 2
|
|
|
First year
|
1167.30
|
|
Second year
|
1190.40
|
|
|
|
|
Grade 3
|
|
|
First year
|
1236.10
|
|
Second year
|
1259.00
|
|
|
|
|
Grade 4
|
|
|
First year
|
1304.80
|
|
Second year
|
1327.70
|
|
Nurse Managers - (cont.)
|
|
|
Grade 5
|
|
|
First Year
|
1373.30
|
|
Second year
|
1396.40
|
|
|
|
|
Grade 6
|
|
|
First year
|
1442.20
|
|
Second year
|
1465.10
|
|
|
|
|
Grade 7
|
|
|
First year
|
1556.50
|
|
Second year
|
1579.50
|
|
|
|
|
Grade 8
|
|
|
First year
|
1671.00
|
|
Second year
|
1693.80
|
|
|
|
|
Grade 9
|
|
|
First year
|
1785.40
|
|
Second year
|
1808.50
|
Table 2 - Other Rates and Allowances
|
Item
|
Clause
|
Description
|
Column 1
|
Column 2
|
|
No.
|
No.
|
|
01/01/2002
|
FPP
|
|
|
|
|
|
12/6/2002
|
|
1
|
10(i)(a)
|
General nurse in charge of hospital
|
$15.60 per shift
|
$18.25 per shift
|
|
2
|
10(ii)(a)
|
On call allowance
|
$14.02 per 24 hours
|
$2.00 per hour
|
|
|
|
|
|
with a minimum
|
|
|
|
|
|
payment of $16.00
|
|
3
|
10(ii)(b)
|
On call allowance on rostered day off
|
$27.70 per 24 hours
|
$4.00 per hour
|
|
|
|
|
|
with a minimum
|
|
|
|
|
|
payment of $32.00
|
|
4.
|
10(ii)(c)
|
On call during meal break
|
$7.86 per break
|
$7.86 per break
|
|
5
|
10(iii)(a)
|
Director of Nursing performing
|
$22.27 per week
|
$22.27 per week
|
|
|
|
radiographic duties
|
|
|
|
6
|
10(iii)(c)
|
Employees performing radiographic
|
$4.54 per day,
|
$4.54 per day,
|
|
|
|
duties in the absence of Director of
|
maximum of $22.27
|
maximum of $22.27
|
|
|
|
Nursing
|
per week
|
per week
|
|
7
|
10(iv)
|
Employee wearing lead apron
|
$1.11 per hour
|
$1.11 per hour
|
|
8
|
10(v)
|
Registered Nurse in charge of ward
|
$15.60 per shift
|
$18.25 per shift
|
|
9
|
10(vi)
|
Registered Nurse in charge of ward,
|
$23.38 per shift
|
$27.40 per shift
|
|
|
|
also in charge of hospital of less than
|
|
|
|
|
|
100 beds
|
|
|
|
10
|
11(i)
|
Climatic Allowance
|
$3.60 per week
|
$3.60 per week
|
|
|
11(ii)
|
Isolation Allowance
|
$7.09 per week
|
$7.09 per week
|
|
11
|
14(i)
|
Special rates for Tibooburra and
|
|
|
|
|
|
Ivanhoe District Hospitals-
|
|
|
|
|
|
Registered Nurse
|
$31.81 per week
|
$31.81 per week
|
|
|
|
|
|
|
|
|
|
Enrolled, Trainee Enrolled, Assistant
|
$13.86 per week
|
$13.86 per week
|
|
|
|
in Nursing
|
|
|
|
11A
|
14(iii)
|
Corrections Health Service
|
$1854 per annum
|
$1854 per annum
|
|
|
|
Environment Allowance
|
|
|
|
11B
|
14(iv)
|
Corrections Health Service
|
$39.40 per week
|
$39.40 per week
|
|
|
|
Productivity Allowance
|
|
|
|
12
|
17(iv)(b)
|
Excess Fares
|
$5.20 per week
|
$5.20 per week
|
|
13
|
19(ii)(a)
|
Uniform Allowance
|
(a) Uniform $6.57
|
(a) Uniform $6.57
|
|
|
|
|
Per week including
|
per week including
|
|
|
(b)(c)
|
|
$1.55 per week for
|
$1.55 per week for
|
|
|
|
|
Shoes.
|
Shoes.
|
|
|
|
|
Cardigan or jacket
|
Cardigan or jacket
|
|
|
|
|
$1.51 per week.
|
$1.51 per week.
|
|
|
|
|
|
|
|
|
|
|
(b) Stockings $2.60
|
(b) Stockings $2.60
|
|
|
|
|
per week
|
per week
|
|
|
|
|
|
|
|
|
|
|
(c) Socks $0.51 per
|
(c) Socks $0.51 per
|
|
|
|
|
week
|
week
|
|
14
|
19(iv)
|
Laundry Allowance
|
$4.18 per week
|
$4.18 per week
|
|
15
|
34(iii)
|
Deduction for accommodation-
|
|
|
|
|
(a)
|
Separate bedroom
|
$38.22 per week
|
$38.22 per week
|
|
|
(b)
|
Self contained flat
|
$46.58 per week
|
$46.58 per week
|
|
16
|
34(iv)
|
Deduction for meals
|
$82.52 per week
|
$82.52 per week
|
|
17
|
34(v) (b)
|
Charge for meals-
|
|
|
|
|
|
Breakfast
|
$2.80 per meal
|
$2.80 per meal
|
|
|
|
Other meals
|
$5.08 per meal
|
$5.08 per meal
|
|
18
|
10(viii)
|
Enrolled nurse employed in the CSSD
|
$8.70 per week
|
$8.70 per week
|
|
|
|
of a hospital and in possession of a
|
|
|
|
|
|
Sterilising Technology Certificate
|
|
|
|
|
|
issued by the Sterilising Research and
|
|
|
|
|
|
Advisory Council of Australia
|
|
|
SCHEDULE 1
NURSE MANAGERS
A registered nurse who:
Grade 1
(a) participates
in the management of the nursing service as the Deputy Nurse Manager in a small
health facility or hospital and is responsible to an on-site Nurse Manager;
(b) supervises the
nursing services in a small health facility or hospital on evenings, nights
and/or weekends (where such a position exists as a separate and substantive
position).
Grade 2
(a) supervises the
nursing services in a health facility or hospital greater than 100 ADA on
evenings, nights and/or weekends;
(b) participates
in the management of the nursing service of a small health facility or hospital
as the Deputy Nurse Manager, and is responsible to a nurse manager who has
responsibility for the management of two or more hospitals;
(c) co-ordinates
and manages a function, service or section (including a ward and/or unit or community
nursing service) within a health facility or hospital.
Grade 3
(a) co-ordinates
and manages a nurse education service of a hospital or group of hospitals or
health facility, supervising at least one other nurse educator (provided that
the requirement to be responsible for one or more nurse educators shall not
apply in the case of an employee who is regarded by his or her employer as a
resource person for other nurse educators or who is a sole educator for that
nurse education service);
(b) participates
in the management of nursing services as the Deputy Nurse Manager in a
medium-sized health facility or hospital (other than a tertiary referral
teaching hospital);
(c) is responsible
for the management of nursing services in a small health facility or hospital;
(d) is the on-site
executive officer in addition to responsibility for the management of nursing
services in a facility or hospital generally not exceeding 10 ADA.
(e) co-ordinates
and manages a complex function, service or section (including a large and/or
complex ward and/or unit or community nursing service) within a health facility
or hospital.
Grade 4
(a) participates
in the management of nursing services as the Deputy Nurse Manager in a complex
hospital (other than a tertiary referral teaching hospital);
(b) is responsible
for the overall management of nursing services across a group of small
hospitals or facilities or health services;
(c) co-ordinates
and manages a hospital wide function or service in a tertiary referral teaching
hospital.
Grade 5
(a) is responsible
for nursing operations in a major clinical division (for example, surgery or
medicine) of a teaching hospital (other than a tertiary referral teaching
hospital);
(b) co-ordinates
and manages a complex nurse education function;
(c) is the on-site
executive officer in addition to responsibility for the management of nursing
services in a facility or hospital (or group) generally greater than 10 ADA and
generally not exceeding 30 ADA.
(d) is responsible
for management of nursing services in a medium sized health facility or
hospital.
Grade 6
(a) is the on-site
executive officer in addition to responsibility for the management of nursing
services in a facility or hospital (or group) generally greater than 30 ADA and
generally not exceeding 75 ADA.
(b) is responsible
for the management of nurse education in an area health service where the
largest hospital in the area is less than 250 ADA;.
(c) participates
in the management of the nursing services as the Deputy Nurse Manager in a
tertiary referral teaching hospital;
(d) is responsible
for nursing operations in a major clinical division of a tertiary referral
teaching hospital;
(e) is responsible
for management of nursing services in a medium sized health facility or hospital.
Grade 7
(a) is responsible
for the management of nursing services in a complex hospital;
(b) is responsible
for the management of nursing services across a group of medium-sized hospitals
or facilities or health services;
(c) is responsible
for the management of nurse education in an Area Health Service where the
largest hospital in the area has an ADA greater than 250.
Grade 8
(a) is responsible
for the overall management of nursing services across a group of complex
hospitals or facilities or health services;
Grade 9
(a) is the Area
Director of Nursing Services in a rural Area Health Service;
(b) is responsible
for the nursing services in a major teaching hospital providing tertiary
referral services.