Private
Ambulance Services Providers Consent (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 888 of 2005)
Before The Honourable
Justice Boland
|
23 March 2006
|
AWARD
1. Title
This Award shall be known as the "Private Ambulance
Service Providers Consent (State) Award".
2. Arrangement
Clause No. Subject Matter
1. Title
2. Arrangement
3. Definitions
4. Classifications
5. Appointment
of Employees
6. Full Time
Employees
7. Permanent
Part-Time Employee
8. Casual
Employees
9. Employee’s
Duties
10. Wages
11. Hours of
Duty
12. Roster of
Hours
13 Employees
on Call
14. Overtime
15. Time Off
in Lieu of Overtime
16. Reasonable
Hours
17. Penalty
Rates for Shift Work
18. Weekend
Work
19. Termination
of Employment
20. Travelling
on shift
21. Public
Holidays
22. Annual
Leave
23. Annual
Leave Loading
24. Long
Service Leave
25. Sick Leave
26. Personal/Carer’s
Leave
27. Bereavement
& Family Leave
29. Parental
Leave
29. Uniforms
30. Accommodation
31. Benefits
not to be withdrawn
32. Payment
and Particulars of Wages
33. Issues
Resolution
34. Anti-Discrimination
35. Occupational
Health and Safety
36. Leave
Reserved
37. Area,
Incidence and Duration
PART B
MONETARY RATES
Tables 1 - Wages
Table 2 - Allowances
3. Definitions
"Ambulance Service" means the Ambulance Service of
NSW.
"Day Worker" means an employee who works his or
her ordinary hours from Saturday to Friday inclusive and who commences work on
such days between 6:00 am and noon inclusive.
"Designated Place of Work" means the location or
locations designated under this award by the employer as the principle place or
places that an employee will report for duty for the commencement of each
shift, and will be identified by the employer to the employee for each shift.
"Emergency Care Providers Australia" means the
organisation that represents the interests nationally of Private Ambulance
Service Providers.
"Employee" means a person who is employed pursuant
to this Award.
"Employer" means a person or entity providing
private ambulance services and associated services other than those provided by
the Ambulance Service or the NSW Health Service.
"Modified Hours Roster" means any roster which
arranges the hours of duty of full time employees in a format other than on an
eight (8) hours per shift basis.
"NSW Health Service" means public hospitals and/or
Area Health Services who provide patient transport services.
"Ordinary hourly rate" for the purposes of this
award has incorporated within it by way of a ‘composite wage arrangement’
payments that may have otherwise accrued for working weekends. The ordinary
hourly rate will accordingly be used for all purposes in this award (including
superannuation) for all time worked by employees.
"Private Ambulance Service Provider" means any
person or organisation in NSW providing first aid, pre-hospital response, treatment
and/or transport other than the Ambulance Service or NSW Health Service.
"Shift Worker" means an employee who is not a day
worker as defined.
"Union" means the Health Services Union.
"Vehicle" for the purposes of this award refers to
the means of transport provided by the employer relevant to the duties and role
undertaken by an employee.
"Working Week" for the purpose of this Award,
shall commence on Saturday and finish on Friday.
4. Classifications
(i) "Dispatcher"
- means an employee who is required to allocate, monitor and coordinate private
ambulance services in relation to designated workloads and the requirements of
clients.
(ii) "Dispatch
Supervisor" - means an employee who is required to supervise and manage
the allocation, monitoring and coordinating of private ambulance services in
relation to designated workloads and the requirements of clients. This position
can also be responsible for the supervision of other employees involved in
coordinating the activities provided by the employer.
(iii) "Ambulance
Employee - Grade 1" - means an employee who will be trained in basic first
aid and basic life support skills and able to operate as a first aider. They must have a WorkCover accredited first
aid certificate. If required by their employer to drive a vehicle, they must
have completed relevant driver training.
(iv) "Ambulance
Employee - Grade 2" - means an employee who will have attained Grade 1
training and who will also be trained in occupational first aid and able to
operate as an occupational first aider. They must have a WorkCover accredited
occupational first aid certificate. If
required by their employer to drive a vehicle, they must have completed
relevant driver training.
(v) "Ambulance
Employee - Grade 3" - means an employee who will have attained Grade 1 and
Grade 2 training and who will also be trained in advanced cardio pulmonary
resuscitation; advanced first aid training; patient handling and lifting
techniques; driver training; use of spinal boards and body immobilisation
techniques; and Automatic External Defibrillation. They must have a Certificate
III issued by a Registered Training Organisation relevant to the role. They must use these skills in their role.
(vi) "Ambulance
Employee - Grade 4" - means an employee who will have attained Grades 1 -
3 training and who will also be trained in advanced emergency care using
protocols, procedures, pharmacologies, reflective of the position. A superior
knowledge of anatomy and physiology would be expected. They must have a
Certificate IV issued by a Registered Training Organisation relevant to the
role. They must use these skills in their role.
(vii) "Ambulance
Employee - Grade 5" - means an employee who will have attained Grades 1 -
4 training and who will also be trained in advanced emergency care using
protocols, procedures, pharmacologies, reflective of the position. Excellent
knowledge of anatomy and physiology would be expected. Some staff mentoring and supervision may be
required. They must have at least 2
years full time use of skills as a Grade 4 employee. They must use Grade 5 skills in their role.
(viii) "Ambulance
Employee - Grade 6" - means an employee who will have attained Grades 1 -
5 training and who will have trained to or hold a Paramedical level of
emergency care using protocols, procedures, pharmacologies reflective of the
position. Excellent knowledge of anatomy and physiology are required. A degree
in Paramedical and/or pre-hospital emergency care studies would be
advantageous. Staff and clinical mentoring/supervision would be expected in
this role. They must use Grade 6 skills in their role.
Note: The nomenclature of "Paramedic" or
"Paramedical" can only be associated with the direct services
provided by an Ambulance Employee - Grade 6 as so defined above.
5. Appointment of
Employees
(i) All employees
covered by this award must be appointed or promoted by letter of offer.
(ii) The letters
of offer must have a:
a. commencement
date and working roster
b. position
description
c. reference to this
award and the employee’s grade
d. reporting
structure
e. remuneration
details
f. reference to
whether the employment is full time, part time, or casual
g. probationary
period
6. Full Time
Employees
A full time employee is one who is employed for 152 hours
per four (4) weekly cycle.
7. Permanent
Part-Time Employees
(i) A permanent
part-time employee is one who is permanently appointed by the employer to work
a specified number of hours from a minimum of 16 hours to a maximum of 152
hours per four (4) weekly cycle except in emergency or urgent circumstances.
(ii) Permanent
part-time employees shall work in accordance with rosters exhibited at least
seven (7) days in advance of the commencing date of the roster and shall show
the hours of duty for the 28 day roster.
(iii) Permanent
part-time employees shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the rate prescribed in Table 1, Wages, of Part B, Monetary
Rates with a minimum payment of four hours for each start.
(iv) Employees
engaged under this clause shall be entitled to all other benefits not otherwise
expressly provided for herein at the same proportion as their ordinary hours of
work bear to full-time hours.
(v) All time worked
by permanent part-time employees in excess of the rostered shift shall be paid
for the rate of time and one half.
8. Casual Employees
(i) A casual
employee means a person who may be engaged by the employer on an hourly basis,
to provide services related to the unexpected absence of permanent or permanent
part-time employees, although it may also encompass employment associated with
unanticipated workloads or client demands.
(ii) A casual
employee will be paid for the number of hours worked each week at an adjusted
hourly rate, calculated at the same ordinary hourly rate as prescribed for a
full time employee in the same classification and grade plus a 10 per cent
loading to cover sick leave and 1/12 of earnings for annual leave. A minimum
payment of two (2) hours on each occasion the employee commences a shift will
apply.
(iii) Casual
employees are not to be engaged for more than 152 hours in any four (4) weekly
cycle, excepting in emergency circumstances and when no other employee is able
or willing to undertake the additional hours available to be worked.
(iv) If casual
employees are engaged for more than 152 hours in any four (4) weekly cycle,
those additional hours are to be remunerated as per Clause 14, Overtime, using
the adjusted hourly rate prescribed in subclause (ii) of this clause for the
basis of overtime calculations.
(v) If casual
employees are engaged in shift work, those hours will be subject to the payment
of the relevant shift penalties, using the adjusted hourly rate prescribed in
subclause (ii) of this clause for the basis of such calculations.
(vi) Where a casual
employee is retained beyond a continuous period of employment of 13 weeks
undertaking the same role and function, the employee can ask the employer to be
made a part time employee, or if the employee has worked more than 38 hours /
week during the 13 weeks, a full time employee. The employer can agree and can
make them a part time or full time employee either on an indefinite hiring or
for a fixed term. If the casual employee does not seek part time or full time
employment, they will remain a casual employee.
(vii) Personal
Carers Entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in Clauses 26(i)(b) and 26(i)(d) casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in Clause 26(i)(c)(2) who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
(ix) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in Clause 27 casual employees are entitled
to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in Clause 27.
(b) The employer
and the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
9. Employees’ Duties
(i) The employer
may direct an employee to carry out such duties as are reasonable, and within
the limits of the employees skills, competence and training consistent with the
employee’s classification, provided that such duties are not designed to
promote de-skilling.
(ii) The 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 and is currently certified in the use of such tools and equipment.
(iii) Any direction
issued by the employer pursuant to subclause (i) and (ii) of this clause shall
be consistent with the employer’s responsibilities to provide a safe and
healthy working environment.
10. Wages
(i) Employees
shall not be paid less than the minimum wages for their classification as set
out in Table 1, Wages, of Part B, Monetary Rates
11. Hours of Duty
(i) The ordinary
hours of duty shall be an average of 38 per week, to be worked in shifts of
eight hours duration on no more than 19 days per 28 day period unless otherwise
agreed between the parties as it is the intention of the parties that two hours
per week will be credited towards an allocated day off in addition to rostered
days off each 28 day period.
(ii) All employees
shall be free from duty for not less than two full days in each working week or
four full days in each two working weeks, taken consecutively, unless otherwise
agreed between the parties.
(iii) Where the
parties agree to work being performed on a modified hours roster the maximum
length of a shift shall not exceed 12 hours with the average of 152 hours per
four (4) weekly cycle to be calculated over the agreed modified hours roster
cycle.
(iv) The eight (8)
hours ordinary hours of duty include a paid meal break of 30 minutes, to be
taken at a mutually convenient time during the shift. After eight (8) hours, another 30 minute paid meal break also
accrues, also to be taken at a mutually convenient time.
(v) Employees are
entitled to receive two 10 minute paid refreshment breaks per shift to be taken
at mutually convenient times.
12. Roster of Hours
(i) The ordinary
hours of duty prescribed by clause 11, Hours of Duty, shall be worked according
to rosters which shall be exhibited at least 7 calendar days before the
commencement date of the roster and shall show the hours of duty for the agreed
roster period or 28 days, whichever is the greater.
(ii) There shall
be a minimum break of ten hours between shifts, except in case of an emergency
or agreement between the Employer and the employee.
(ii) Subject to
compliance with subclause (i) of this clause, the roster of an employee may
only be altered by mutual agreement between the parties.
(iv)
(a) A day off duty
for employees working a roster other than a modified hours roster shall be 24
hours between the shifts.
(b) A day off duty
for employees working a modified hours roster shall be 24 hours.
(v) Where an
employee is rostered to an allocated day off, that day off is to be shown on
the roster.
(vi) The parties
agree that changes to rosters that will significantly affect employees there
will be genuine consultation between the parties.
13. Employees on Call
(i) Time on call
means time during which an employee who is rostered off duty is required to
hold themselves in readiness to answer a call.
(ii) Employees
shall be free from on call a minimum of 14 days in each roster cycle of 28
days. The weekly on-call allowance as set out in Item 1 of Table 2, Allowances,
of Part B, shall apply in such circumstances
(iii) A period of
on call is to be regarded as commencing at the completion of duty on one
rostered shift to the commencement of duty on the next rostered shift.
(iv) Employees
shall not be required to be on call during any part of a rostered day off duty,
ie from the end of the shift before the rostered period off duty and the
commencement of the shift after the rostered period off duty.
(v) Time on call shall
not be counted as time worked unless an employee is called to duty, in which
case the employee shall be paid for a minimum of four (4) hours at time and a
half for first two hours and then at double time thereafter for each time he or
she is recalled; provided that where a second or subsequent call is received by
an employee whilst he or she is still performing duties associated with the
first call, he or she shall attend the second or subsequent call without
additional payment, unless the total time exceeds four hours, in which case
payment shall be made for the actual time worked.
(vi) Where an
employee is on-call and is recalled to duty and such recall merges with the
employee’s normal commencing time, such work shall attract overtime for the
actual time worked and not a call out.
(vii) A call out
shall be deemed to commence at the time the employee is tasked and shall be
deemed to be complete when all duties associated with the case/s are complete.
(viii) If an employee
who is rostered on call is required to respond to a call, he or she shall be
reimbursed actual fares or expenses incurred in travelling to and from work,
unless a vehicle is provided for this purpose by the employer.
14. Overtime
(i) Subject to
clause 13, Employees On-Call, all time worked in excess of the rostered hours
during any four (4) weekly rostered period shall be paid for at the following
rates of:
time and one-half for the first three hours;
double time over three hours and under eight hours; and
double time and a half over eight hours
provided that overtime worked on a Public Holiday shall
be paid for at the rate of double time.
(ii) Overtime
shall be computed on the wages prescribed by Table 1-Monetary rates, of Part B,
Monetary Rates. The allowance
prescribed by clause 13, Employees On Call, as compensation for time on-call
shall be disregarded.
(iii) Employees
shall, when required, work reasonable levels of overtime to meet the needs of
the employer.
15. Time Off in Lieu
of Overtime
(i) The parties
agree that any employee who is required to work overtime outside normal
rostered hours either during any four weekly roster period or in a later roster
period under clause 14 or as call out under clause 13, may be compensated by
way of time off in lieu of payment for the overtime.
(ii) This clause
is subject to the following:
(a) Employees
cannot be compelled to take time off in lieu of overtime. Any time in lieu arrangement must be by
genuine mutual agreement prior to the overtime being worked;
(b) Time off in lieu
of overtime shall be in amounts equal to the period of overtime worked
i.e. hour per hour;
(c) Time off in
lieu of overtime must be taken within three months of the overtime being
worked;
(d) Where it is
not possible for an employee to take time off in lieu of overtime within the
three-month period, it is to be paid out at the appropriate overtime rate based
on the rate of pay applying at the time payment is made;
(e) The option of
taking time off in lieu of overtime is subject to the active agreement of the
employer.
(f) Records of
time off in lieu of overtime owing to employees and taken by employees must be
maintained by the employer.
(g) Time off in
lieu of overtime shall be taken at a time which is mutually agreed to by the
employer and the employee;
16. Reasonable Hours
(i) Subject to
sub-clause (ii) an employer may require an employee to work reasonable overtime
at overtime rates unless as otherwise provided in the Award.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of sub-clause (ii) what is unreasonable or other wise will be
determined having regard to:
(a) Any risk to
employee health and safety.
(b) The employee’s
personal circumstances in relation to any family and carer responsibilities.
(c) The needs of
the workplace or enterprise.
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her intention
to refuse it.
(e) Any other
relevant matter.
17. Penalty Rates for
Shift Work
(i) Employees
working afternoon or night shifts shall be paid the following percentage in
addition to the ordinary rate for such shift:
Afternoon Shift - Monday to Friday
(a)
|
A shift commencing at or after 12.00 pm and before 8.00
pm:
|
10 per cent
|
Night Shift - Monday to Friday
(b)
|
A shift commencing at or after 8.00 pm and before 6.00 am:
|
12.5 per cent
|
(ii) The additional
payments prescribed under sub clause (i) shall not form part of the employee's
ordinary pay for the purpose of this Award.
18. Weekend Work
(i) Additional
payments/penalties for working weekends (ie midnight Friday to midnight Sunday)
have been ‘incorporated’ by way of a ‘composite wage’ arrangement into the
ordinary hourly rate for employees for all purposes for all time worked of this
Award.
19. Termination of
Employment
(i) Either party may
terminate the employment on two weeks notice in writing to the other, and in
the case of an employer by accepting two weeks wages in lieu of notice.
(ii) All
terminated employees will be paid all accrued entitlements and if overtime has
been accrued and remains as time in lieu at the termination date, then it shall
be paid as required by clause 13.
(iii) Within three
(3) days of the termination of employment, the employer shall give the employee
a signed statement outlining the period of employment.
20. Travelling on
Shift
(i) Where an
employee is required to undertake duties which involves eight hours or more of
travelling on any one day, the employee shall be paid all travelling expenses
including meals and accommodation and, if not staying overnight at the point of
turn around, shall be permitted a meal either before commencing or during the
return journey.
21. Public Holidays
(i) Employees are
entitled to New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Local Labour Day, Christmas Day and Boxing
Day, along with any other duly gazetted Public Holiday. In addition to those
gazetted Public Holidays, employees shall be entitled to an extra Public
Holiday each year, with such day to occur on a date agreed upon between the
parties prior to 1 July in each calendar year.
(ii) Employees may
be rostered to work gazetted Public Holidays in which case they are to receive
double time for all hours so worked.
(iii) In the event
that annual leave is taken under clause 21 and any public holiday falls during
that annual leave period, then those public holidays will be added to the
annual leave and the employee will receive ordinary pay for those days.
22. Annual Leave
(i) Annual Leave
shall be granted on completion of each 12 months' service. Day Workers or shift
workers (as defined in clause 3, Definitions) will accrue 152 hours annual
leave at their ordinary rate of pay.
(ii)
(a) Annual leave
shall be given and shall be taken within a period of six 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 six months.
(b) Annual leave
shall be granted on a rotating roster basis, provided that such rotation
complies with paragraph (a) of this sub-clause.
(c) An employee
shall be eligible for annual leave when 12 months have elapsed since the date on
which the last 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 the employment.
(d) Nothing in
this subclause shall prevent the 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 shall not
commence to accrue until the expiration of the twelve months in respect of
which annual leave was taken before it accrued. Provided that any leave taken by an employee under this paragraph
shall not exceed the amount of proportionate annual leave standing to the
credit of the employee at the time of entering upon such leave.
(e) At least six
months notice shall be given to employees of the date on which they shall take
their annual leave. Where an employee
has been notified that he or she is to take his or her normal leave at a
specified time and that time is thereafter altered by the employer, the
employee shall be reimbursed any actual losses which result to him or her to
the extent to which deposits paid for travel and/or accommodation are not
refunded.
(f) Employees may
exchange/split annual leave by mutual arrangements with the approval of the
employer, provided that such exchange complies with paragraph (a) of this
sub-clause.
(iii) At an
employee’s written request, an employee before going on annual leave may (in
lieu of being paid in the ordinary cycle of remuneration payments) elect to be
paid for the period of the leave at the ordinary rate of wage to which he or
she is entitled under this award and such payment shall be made before the
employee commences annual leave. Any costs
thereof will be borne by the employee.
(iv) Where the
employment of an employee is terminated the employee shall be entitled to
receive a proportionate payment in respect of service of less than one year, at
the weekly wage to which such employee is entitled under this award.
(v) Excepting for
the arrangements set out in this clause, the Annual Leave Act 1944 (NSW)
will apply.
23. Annual Leave
Loading
(i) Employees
engaged under this Award are entitled to annual leave under clause 21 shall be
paid in respect of such leave an annual leave loading of 17.5 per cent of the
appropriate ordinary weekly rate of pay prescribed by clause 10, Wages, for the
classification in which the employee was employed immediately before commencing
his or her annual leave. The 17.5 per
cent annual leave loading will apply only to the payments associated with
actual periods of annual leave as per clause 21(i)
(ii) Such loading
is payable in addition to the pay for the period of leave given and taken and
due to the employee under this award.
(iii) No loading is
payable where the annual leave is taken wholly or partly in advance; provided,
however, that if the employment of such an employee continues until the day
upon which he would have become entitled under this clause to such annual
leave, the loading then becomes payable in respect of the period of such leave
and is to be calculated in accordance with the rate of wages applicable on such
day.
(iv) Where the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of termination the employee has not been given and
has not taken the whole of the annual leave to which he or is entitled, he or
she shall be paid the loading provided for in subclause (i) of this clause for
the period not taken.
(v) Except as
provided by subclause (iv) of this clause, no loading is payable on the
termination of an employee’s employment.
(vi) Where a shift
worker is given and takes annual leave, he or she shall be paid the loading set
out in subclause (i) of this clause; provided that if the amount to which the
employee would have been entitled by way of shift work allowances and weekend
penalty rates for the ordinary time (not including time on a public or special
public holiday) which the employee would have worked during the period of leave
exceeds the loading calculated in accordance with subclause (a), then that
amount shall be paid to the employee in lieu of the loading.
24. Long Service
Leave
Employees shall be granted long service leave in accordance
with the Long Service Leave Act 1955 (NSW).
25. Sick Leave
(i) All employees
will be entitled to sick leave during their period of employment.
(ii) All employees
will be entitled to 60.8 hours sick leave for the first year of employment and
then 76 hours for each subsequent years thereafter.
(iii) Sick leave
will accumulate to the maximum number of hours permitted for 10 consecutive
years of service.
(iv) All employees
who are sick for two (2) or more consecutive days, may be required to provide a
Medical Certificate from a registered Medical Practitioner.
26. Personal/Carer’s
Leave
(i) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in sub-clause (ii) of sub-clause (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this sub-clause
any current or accrued sick leave entitlement, provided for in clause 25, Sick
Leave, for absences to provide care and support, for such persons when they are
ill or who require care due to an unexpected emergency. Such leave may be taken for part of a single
day.
(b) The employee
shall, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned or that the illness is such as to require care
by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer’s leave under this sub-clause where another person has taken leave to
care for the same person.
(c) The
entitlement to use sick leave in accordance with this sub-clause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
(A) a spouse of the
employee; or
(B) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(C) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(D) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) a relative of
the employee who is a member of the same household, where for the purposes of
this sub-clause:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the disputes
procedure at Clause 33 should be followed.
(ii) Unpaid Leave
for carer’s leave Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in sub-clause (i) (c) (2) above, who is
ill or who require care due to an unexpected emergency.
(iii) Annual Leave
(a) An employee
may elect with the consent of the employer, to take annual leave not exceeding
ten days in single day periods or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in sub-clause (a) of this sub-clause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
may agree to defer payment of the annual leave loading in respect of single day
absences, until at least five consecutive annual leave days are taken.
(d) An employee
may elect with the employers agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due
(iv) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken as set out in clause
14-Overtime.
(c) If, having
elected to take time as leave in accordance with sub-clause (a) of this
sub-clause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said sub-clause (a), the employee shall
be paid overtime rates in accordance with the award.
(v) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours payable at the ordinary rate
of pay, and works those hours at a later time, during the spread of ordinary
hours provided in the award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
(vi) Allocated Days
Off
(a) An employee
may elect with the consent of the employer, to take an allocated day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take allocated days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all allocated
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee or subject to reasonable notice by the
employee or the employer.
(d) This
sub-clause is subject to the employer informing each union which is both party
to the award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of ADO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
27. Bereavement &
Family Leave
Employees may take up to three (3) days per instance
bereavement leave on the death of: spouse, de facto spouse or same sex partner;
parent or step parent; grand parents; siblings; child, adopted child, foster
child, step child; or grandchild; or other immediate family member. Employer may request appropriate proof of
evidence.
Employees may use sick leave for personal/carers, family and
community services leave.
28. Parental Leave
(i) All employees
are entitled to parental leave in accordance with the provisions of the Industrial
Relations Act 1996.
(ii)
(a) Full-time
employees and permanent part-time employees are eligible for paid parental
leave in accordance with the following provisions:
Permanent employees are eligible for paid parental
leave when they have completed at least 40 weeks' of continuous service prior
to the expected date of birth or prior to the date of taking custody of the
child.
(b) Employees who
are eligible for paid parental leave are entitled to such leave as follows:
(1) Paid Leave
(A) Paid Maternity
Leave - an eligible employee is entitled to three weeks paid maternity leave at
ordinary pay from the date the maternity leave commences.
Maternity 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 satisfactorily
perform the full range of normal duties.
(B) Paid Paternity
Leave - an eligible employee is entitled to one week paid paternity leave in
any one year at ordinary pay which must commence within four weeks of the birth
of the child. (Eligible employees will be as defined in the Industrial
Relations Act 1996.)
(C) Such leave may
be paid:
(i) on a normal
fortnightly basis;
(ii) in advance in
a lump sum;
(iii) at the rate
of half pay over a period of 6 weeks on a regular fortnightly basis for
maternity leave.
Annual 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.
(2) Unpaid Leave
(A) Unpaid
Maternity Leave - An employee is entitled to a further period of unpaid
maternity leave of not more than twelve months after the actual date of birth
of the child.
(B) Unpaid
Paternity Leave - An employee is entitled to a further period of unpaid
paternity leave of not more than three weeks, to be taken in conjunction with a
period of paid paternity leave, unless otherwise agreed by the employer and
employee.
(C) Unpaid Adoption
Leave - An employee is entitled to unpaid adoption leave as follows:
(i) where the
child is under the age of 12 months - a period of not more than 12 months from
the date of taking custody;
(ii) 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.
(c) An employee
who has once met the conditions for paid maternity leave will not be required
to again work the 40 weeks' continuous service in order to qualify for a
further period of maternity leave unless:
(1) 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
(2) 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.
(d) An employee
who intends to proceed on maternity or paternity leave should formally notify
the employer of such intention as early as possible, so that arrangements
associated with the 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.
(e) In the case of
notification of intention to take adoption leave, 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 their employer as early as
practicable of the intention to take adoption leave. This will allow arrangements associated with the adoption leave
to be made.
(f) After
commencing maternity leave or adoption leave, an employee may vary the period
of her maternity leave or adoption leave, once, without the consent of the
employer and otherwise, with the consent of the employer. A minimum of four weeks' notice must be
given, although an employer may accept less notice if convenient.
(g) Any person who
occupies the position of an employee on parental leave must be informed that
the employee has the right to return to her former position. Additionally, since an employee also has the
right to vary the period of her maternity leave or adoption leave, offers of
temporary employment should be in writing, stating clearly the temporary nature
of the contract of employment. The
duration of employment should also be set down clearly, to a fixed date or
until the employee elects to return to duty, whichever occurs first.
(h) When an
employee has resumed duties, any period of full pay leave is counted in full
for the accrual of annual and long service 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 annual and long service leave.
(i) Except in the
case of employees who have completed ten years service the period of parental
leave without pay does not count as service for long service leave
purposes. Where the employee has
completed ten years service the period of parental leave without pay shall count
as service for long service leave purposes provided such leave does not exceed
six months.
(j) Parental
leave without pay does not count as service for incremental purposes. Periods of parental leave on full pay and at
half pay are to be regarded as service for incremental progression on a
pro-rata basis.
(k) Where public
holidays occur during a period of paid parental leave, payment is at the rate
of parental leave received, that is the public holidays occurring in a period
of full pay parental leave are paid at the full rate and those occurring during
a period of half pay leave are paid at the half rate.
(l) 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, annual and/or
long service leave) or to take sick leave without pay.
(m) 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 the
birth. The employee then commences
maternity leave with the normal provisions applying.
(n) 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. 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.
(o) In the event
of a miscarriage any absence from work is to be covered by the current sick
leave provisions.
(p) In the case of
stillbirth, an employee may elect to take sick leave, subject to the 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.
(q) 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.
(r) An employee
returning from parental leave has the right to resume their 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.
(s) 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. Such return to work is to be according to
the following principles:
(1) the period is
to be limited to twelve months after which the full-time duties must be
resumed;
(2) the employee
is to make an application for leave without pay to reduce her full-time weekly
hours of work. This application should
be made as early as possible to enable the employer to make suitable staffing
arrangements. At least four weeks'
notice must be given;
(3) the quantum of
leave without pay to be granted to individual employees is to be at the
absolute discretion and convenience of the employer;
(4) salary and
conditions of employment are to be adjusted on a basis proportionate to the
employee's full-time hours of work, that is for long service leave the period
of service is to be converted to the full-time equivalent and credited
accordingly.
(5) Full-time
employees who return to work under this arrangement remain full-time employees.
(t) 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.
(iii) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the Industrial
Relations Act 1996 (NSW)) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(iv) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(1) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(2) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(3) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c) Employee’s request
and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under Clauses 28(iv)(a)(2) and 28(iv)(a)(3) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under Clause
28(iv)(a)(3) such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(v) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(1) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(2) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return or other contact details which might
affect the employer’s capacity to comply with Clause 28(v)(a).
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a).
29. Uniforms
(i) All employees
will be provided with sufficient uniforms.
(ii) All employees
will be required to maintain and keep clean and presentable all uniforms
supplied
(iii) The employer
will provide special clothing, as needed.
(iv) Upon request
from the employee, employers will replace uniforms providing the uniform has
not been deliberately damaged.
30. Accommodation
Where an employee is required to undertake duties in a work
location that would not facilitate daily travel from the employee’s designated
place of work or home, the employer shall provide reasonable accommodation and
meals. Alternatively, the employer should
provide sufficient funds to the employee to cover all costs associated with
accommodation, meals, along with incidental costs including travel. Any dispute as to accommodation provided or
funds made available should be dealt with expeditiously by the parties to this
Award.
31. Benefits Not to
be Withdrawn
Except in so far as altered expressly or by necessary
implication, nothing in this Award shall, in itself, be deemed or be construed
to reduce the wages of any employee at the date of the commencement of this
Award.
32. Payment and
Particulars of Wages
(i) Wages shall
be paid each four weeks by electronic transfer to an account nominated by the
employee.
(ii) On each pay
day, which shall be no more than five (5) working days after the end of the pay
cycle, employees shall be furnished with a statement showing the gross amount
of ordinary wages and overtime, together with separate details of all
deductions.
33. Issues Resolution
(i) The parties
must:
(a) use their best
endeavours to co-operate in order to avoid grievances and disputes arising
between the parties or between the employer and individual employee(s); and
(b) abide by the
procedures set out in this clause to resolve any issue which might arise; and
(c) place emphasis
on negotiating a settlement of any issue at the earliest possible stage in the
process.
(ii) In this
clause, "issue" means any question, issue, grievance, dispute or
difficulty which might arise between the parties about:
(a) the interpretation,
application or operation of this Award; or
(b) any proposed
variation to workplace custom and practice; or
(c) any allegation
of discrimination in employment within the meaning of the Anti-Discrimination
Act 1977 which is not covered by established policies and procedures
applicable to the employer, regardless of whether the issue relates to an
individual employee or to a group of employees.
(iii) Any issue,
and in the case of a grievance or dispute, any remedy sought, must be discussed
in the first instance by the employee(s) and the immediate supervisor of that
employee(s) within 24 Hours.
(iv) If the issue
is not resolved within a reasonable time, it must be referred by the
employee(s) to the most Senior Manager of the Employer. Discussions at this level must take place
and be concluded within two working days of referral or such extended period as
may be agreed.
(v) If these
procedures are exhausted without the issue being resolved, or if any of the
time limits set out in those procedures are not met, parties may seek to have
the matter mediated by the Union or an agreed third party, or the matter may be
referred, in accordance with the provisions of the Industrial Relations Act 1996,
to the Industrial Relations Commission of New South Wales for its assistance in
resolving the issue.
(vi) Unless agreed
otherwise by the parties, the status quo 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.
(vii) Throughout all
the stages of these procedures, adequate records must be kept by the parties of
all discussions.
(viii) These
procedures are to 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.
34.
Anti-Discrimination
(i) It is
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(ii) It follows
that in fulfilling their obligations under the 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 the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
35. Occupational
Health and Safety
In addition to the normal requirements under the
Occupational Health and Safety Legislation, the following shall also apply:-
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(iv) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(v) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
36. Leave Reserved
The parties agree that within the first twelve months of the
operation of this award, leave is reserved to review the following:
(i) the ongoing
efficacy of the classification structure;
(ii) additional
classifications that may be identified as being required and relevant rates of
pay for any new classification;
(iii) rates of pay
for the classification of Ambulance Employee - Grade 6;
(iv) the
effectiveness of the ordinary hourly rate schema introduced in this award and
the efficacy or otherwise of its operation. Such a review may include
consideration of a further expansion of a ‘composite wage’ arrangement; and
(v) the
development of an appropriate mechanism for recognising and/or ‘registering’
employees and employers involved in Private Ambulance Service provision.
37. Area, Incidence
and Duration
(i) This award
shall apply to all employees, as defined in this Award, and shall regulate the
terms and conditions of employment of such employees.
(ii) This Award
shall take effect from 23 March 2006 and remain in force for a period of two
years.
PART B
Table 1 - Monetary
Rates
Classification
|
Award Rate
|
Rate at 1.11.06
|
Rate at 1.11.07
|
|
per/wk
|
per/hr
|
per/wk
|
per/hr
|
per/wk
|
per/hr
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Dispatcher
|
716.60
|
18.86
|
751.80
|
19.78
|
789.40
|
20.77
|
|
|
|
|
|
|
|
Dispatcher
|
|
|
|
|
|
|
Supervisor
|
802.10
|
21.11
|
842.20
|
22.16
|
884.30
|
23.27
|
|
|
|
|
|
|
|
Ambulance
|
|
|
|
|
|
|
Employee-
|
|
|
|
|
|
|
Grade 1
|
609.80
|
16.05
|
640.30
|
16.85
|
672.30
|
17.69
|
Ambulance
|
|
|
|
|
|
|
Employee-
|
|
|
|
|
|
|
Grade 2
|
631.10
|
16.61
|
662.70
|
17.44
|
695.80
|
18.31
|
|
|
|
|
|
|
|
Ambulance
|
|
|
|
|
|
|
Employee-
|
|
|
|
|
|
|
Grade 3
|
673.90
|
17.73
|
707.60
|
18.62
|
743.00
|
19.55
|
|
|
|
|
|
|
|
Ambulance
|
|
|
|
|
|
|
Employee-
|
|
|
|
|
|
|
Grade 4
|
759.40
|
19.98
|
797.40
|
20.98
|
837.30
|
22.03
|
|
|
|
|
|
|
|
Ambulance
|
|
|
|
|
|
|
Employee-
|
|
|
|
|
|
|
Grade 5
|
844.90
|
22.23
|
887.10
|
23.34
|
931.50
|
24.51
|
|
|
|
|
|
|
|
Ambulance
|
|
|
|
|
|
|
Employee-
|
|
|
|
|
|
|
Grade 6
|
1012.50
|
26.64
|
1063.10
|
27.98
|
1116.30
|
29.38
|
Table 2 - Allowances
Item
|
Clause
|
Brief Description
|
Award Rate
|
Rate from
|
Rate from
|
|
|
|
|
1.11.2006
|
1.11.2007
|
|
|
|
$
|
$
|
$
|
1
|
12
|
On-Call Allowance (weekly)
|
50.00
|
52.50
|
55.10
|
NOTE: This award applies as an Enterprise Agreement from 27
March 2006 to employers who are constitutional corporations by virtue of clause
44c, of Schedule 4 of the Industrial Relations Act 1996.
R. P. BOLAND J.
____________________
Printed by the
authority of the Industrial Registrar.