CATHOLIC HEALTH CARE SERVICES NURSES' ENTERPRISE (STATE) AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Nurses' Association, industrial organisation of employees.
(No. IRC 2937 of 2005)
Before Commissioner
McLeay
|
27 June 2005
|
VARIATION
1. Delete clause
1, Arrangement, of the award published 25 March 2005 (349 I.G. 544),and insert
in lieu thereof the following:
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. No Extra
Claims
3. Definitions
4. Hours of
Work and Free Time of Employees Other Than Directors of Nursing
5. Hours of
Work and Free Time of Directors of Nursing
6. Banking
of Hours
7. Rosters
8. Pilot
Roster Projects
9. Salaries
10. Transitional
Arrangements - Registered Nurse Incremental Scale
11. Recognition
of Service and Experience
12. Average
Occupied Beds
13. Special
Allowances
14. Penalty
Rates for Shift Work and Weekend Work
15. Fares and
Expenses
16. Telephone
Allowance
17. Uniforms
and Laundry Allowances
18. Higher
Grade Duty
19. Overtime
20. Salary
Packaging
21. Payment
and Particulars of Salaries
22. Registration
or Enrolment Pending
23. Part-time,
Casual and Temporary Employees
24. Annual
Leave and Public Holidays
25. Annual
Leave Loading
26. Sick Leave
27. Long
Service Leave
28. Compassionate
Leave
29. State
Personal/Carer’s Leave
30. Parental
Leave
31. Learning
& Development Leave
32. Staff
Amenities
33. Special
Provisions Relating to Trainee Enrolled Nurses
34. Escort
Duty
35. Deputy
Director of Nursing, Assistant Director of Nursing
36. Proportion
37. Medical
Examination of Nurses
38. Domestic
Work
39. Branch
Officials
40. Labour
Flexibility
41. Termination
of Employment
42. Award
Benefits to be Continuous
43. Right of
Entry
45. Attendance
at Meetings and Fire Drills
46. Resolution
of Disputes
47. Anti-Discrimination
48. Enterprise
Arrangements
49. Leave
Reserved
50. Workplace
Consultative Committee
51. Relationship
to Awards
52 Salary
Sacrifice to Superannuation
53. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Monetary
Rates
Table 2 - Other Rates
and Allowances
2. Delete
subclause (x),of clause 3, Definitions, and insert in lieu thereof the
following:
(x) "Salary
Packaging", also know as Remuneration Packaging, refers to Australian
Taxation Office approved ability for an employee to voluntarily structure their
income to potentially increase the equivalent take-home salary. An election is made to receive part of the
salary in cash and part of it in approved benefits that are paid out of pre-tax
salary.
3. Insert after
subclause (xxiv), of the said clause 3, the following new subclauses:
(xxv) "Salary
Sacrifice to Superannuation" means the option for an employee to make additional
voluntary superannuation contributions by electing the sacrifice a portion of
their gross earnings (pre tax dollars) to give the effect of reducing the
taxable income by the amount of the salary sacrifice.
(xxvi) Approved
Employee Benefits" means benefits represented and offered in the Salary
Packaging Policy and Handbook offered
to employees. They include items which
may be FBT Exempt, Within the Exemption Threshold, Otherwise Deductible or
Concessionally Taxed.
4. Insert after
subclause (i), of clause 9, Salaries, the following new subclause:
(ii) For the
duration of this award post variation, the rates of pay set out in Table 1
shall be at least equal to the corresponding rates of pay in the:
(a) Private
Hospital Industry Nurses' (State) Award for nurses employed at a private
hospital;
(b) Nursing Homes,
&c., Nurses' (State) Award for nurses employed at an aged care facility.
When these respective parent Awards are varied the Award
rates of pay set out on Table 1 shall be increased as necessary to ensure they
remain at least equal to the rates of pay in the respective parent Award.
5. Delete clause
20, Remuneration Packaging, and insert in lieu thereof the following:
20. Salary Packaging
(i) By agreement
with the employer, employees may elect to package their salary in accordance
with this clause, to obtain a range of benefits as set out in the CHCS Salary
Packaging Policy, 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.
(ii) Where an
employees elects to package their salary or a portion of their salary:
(a) Subject to
Australian taxation law packaged portion of salary will reduce the salary
subject to appropriate PAYG taxation deductions by the amount of the 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 employees 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
to superannuation made under this award.
(c) "Salary"
for the purposes of this clause, for superannuation purposes, and for the
calculation of award entitlements, shall mean the award salary as specified in clause
9 Salaries, and which shall include amounts elected to be taken as
"approved employee benefits" that otherwise would have been included
in taxable income.
(iii) The salary
packaging scheme utilises the Public Benevolent institution (PBI) taxation status,
which provides for a fringe benefit tax exemption cap. This is currently $17,000 per annum
grossed-up ($8755 net) for HDHS employees and $30,000 per annum grossed-up
($15,450 net) for CHCS employees. The
maximum amount of fringe benefits-free tax savings that can be achieved under
the scheme is where the value of the benefits when grossed-up, equal the fringe
benefits exemption cap of $17,000 or 30,000 respectively. Where the grossed-up value exceeds the cap,
the employer is liable to pay fringe benefits tax on the amount in excess of
the relevant FBT exemption cap, but will pass on this cast to the
employee. The employer's share of
savings, the combined administration cost (both as detailed in the CHCS Salary
Packaging Policy), 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 HDHS and CHCS are subject to the prevailing Australian laws. In the
event that the employer ceases to attract exemption from payment of fringe
benefit tax the employer may terminate all salary packaging arrangements.
(v) If an employee
wishes to withdraw from the salary packaging scheme, the employee shall provide
the required period of notice set out in the CHCS Salary Packaging Policy.
(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 as a consequence of the
employee's decision to convert to salary.
(vii) The
opportunity to enter into a salary packaging arrangement is voluntary. 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 CHCS Salary
Packaging Policy as amended from time to time, in accordance with subclause
(ix).
(xi) The employer
will consult with the NSW Nurses' Association in relation to the CHCS Salary
Packaging Policy prior to making any changes.
6. Delete clause
50, Workplace Consultative Committee, and insert in lieu thereof the following:
50. Workplace
Consultative Committee
Workplace Consultative Committee(s), where established, will
consider issues specific to their workplace and consistent with their terms of
reference. These Committee would
ordinarily meet at least six monthly.
7. Insert after
clause 51, Relationship With Awards, the following new clause 52 and renumber
the existing clause 52, Area , Incidence and Duration to read as clause 53.
52. Salary Sacrifice
to Superannuation
(i) Salary Sacrifice to Superannuation means the option
of an employee making additional superannuation contributions by electing to
sacrifice a portion of the gross earnings (pre tax dollars). This will give the effect of reducing the
taxable income by the amount for salary sacrifice.
(ii) Salary
sacrifice to superannuation shall be offered to employees by mutual agreement
between the employee and the employer.
(iii) Such election
shall be made prior to the commencement of the period of service to which the earnings
relate.
(iv) The amount
sacrificed must not exceed any relevant limits specified in applicable
superannuation legislation.
(v) The sacrificed
portion of salary reduced the salary subject to PAYG taxation deductions.
(vi) Any allowance,
penalty rate, overtime, payment for unused leave entitlements, other than any
payments for leave taken whilst employed, shall be calculated by reference to
the salary which would have applied to the employee ion the absence of any
salary sacrifice to superannuation.
Payment for leave taken whilst employed will be at the post salary
sacrificed amount.
(vii) Salary
sacrifice arrangements can be cancelled by either the employer or the employee,
in accordance with the required period of notice set out in the CHCS Salary
Packaging Policy. The employer has the right to withdraw from offering salary
sacrifice to employees without notice of there is any alteration to relevant
Australian Taxation legislation
(viii) Contributions
payable by the employer in relation to the Superannuation Guarantee Legislation
shall be calculated by reference to the salary which would have applied to the
employee under the award in the absence of any salary sacrifice.
(ix) Employers will
not use any amount that is salary sacrificed by an employee to negate
contributions payable under the Superannuation Guarantee Legislation.
(x) The employee
shall have the portion of payable salary that is to be sacrificed paid as
additional employer superannuation contributions into the same superannuation fund
that receives the employer's SGC contributions.
(xi) Nothing in
this clause shall affect the right of an employer to maintain alternative
arrangements with respect to salary sacrifice for employees.
8. Delete Part B
Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Private Hospitals
|
Nursing Homes -
|
|
|
Aged Care
Facilities
|
|
$
|
$
|
Assistant in Nursing/Trainee
|
|
|
Enrolled Nurse - under 18 years of age
|
|
|
First year of experience
|
466.00
|
445.50
|
Second year of experience
|
486.50
|
465.20
|
Thereafter
|
506.00
|
483.70
|
Enrolled Nurse - 18 years of age and over
|
|
|
First year of experience
|
549.70
|
525.40
|
Second year of experience
|
567.20
|
542.40
|
Third year of experience
|
585.00
|
559.30
|
Thereafter
|
603.30
|
576.70
|
Enrolled Nurse
|
|
|
First year of experience
|
674.60
|
645.30
|
Second year of experience
|
689.40
|
659.10
|
Third year of experience
|
704.30
|
673.40
|
Fourth year of experience
|
719.20
|
687.60
|
Thereafter
|
734.20
|
701.90
|
Enrolled Nurse- Special Grade
|
757.10
|
713.60
|
Nurse undergoing Pre-registration training
|
659.50
|
630.60
|
Registered Nurse
|
|
|
First year of experience
|
764.90
|
731.40
|
Second year of experience
|
806.60
|
771.20
|
Third year of experience
|
848.20
|
810.90
|
Fourth year of experience
|
892.80
|
853.50
|
Fifth year of service
|
937.00
|
895.80
|
Sixth year of service
|
981.40
|
938.10
|
Seventh year of service
|
1031.70
|
986.40
|
Eighth year of service
|
1,074.20
|
1026.90
|
Clinical Nurse Specialist
|
1118.00
|
1069.10
|
Clinical Nurse Consultant (appointed prior to 31/12/99)
|
1374.60
|
1262.60
|
Clinical Nurse Consultant
|
|
|
Grade 1
|
|
|
1st year
|
1,353.80
|
1,298.4024
|
2nd year
|
1,371.20
|
1,3249. 80
|
Grade 2
|
|
|
1st year
|
1,398.40
|
1,351.20
|
2nd year
|
1,426.10
|
1,377.90
|
Grade 3
|
|
|
1st year
|
1,4380.870
|
1,430.80
|
2nd year
|
1,508457.40
|
1,457.40
|
Nurse Unit Manager
|
|
|
Level 1
|
1,347.50
|
1228.20
|
Level 2
|
1,411.50
|
1286.70
|
Level 3
|
1,449.40
|
1321.10
|
Clinical Nurse Educator
|
1,118.00
|
1069.10
|
Nurse Educator
|
|
|
1st year
|
1240.20
|
1130.40
|
2nd year
|
1275.10
|
1162.20
|
3rd year
|
1306.40
|
1190.80
|
4th year
|
1374.60
|
1253.00
|
Senior Nurse Educator
|
|
|
First year
|
1407.80
|
1293.20
|
Second year
|
1436.70
|
1319.60
|
Third year
|
1484.80
|
1363.80
|
Assistant Director of Nursing 100 beds and over
|
1400.40
|
1321.10
|
Deputy Director of Nursing
|
|
|
Less than 100 beds
|
1411.50
|
1286.70
|
100 beds, less than 200 beds
|
1449.40
|
1321.10
|
200 beds, less than 250 beds
|
1484.80
|
1363.80
|
250 beds, less than 350 beds
|
1540.30
|
1414.70
|
350 beds, less than 450 beds
|
1595.50
|
1465.30
|
450 beds, less than 750 beds
|
1654.40
|
1519.80
|
750 beds and over
|
1718.70
|
1578.60
|
Director of Nursing or Subsidiary Hospital
|
|
|
Director of Nursing -
|
|
|
Less than 25 beds
|
1454.70
|
1336.10
|
25 beds, less than 50 beds
|
1540.20
|
1414.70
|
50 beds, less than 75 beds
|
1573.60
|
1445.10
|
75 beds, less than 100 beds
|
1606.30
|
1475.30
|
100 beds, less than 150 beds
|
1652.50
|
1517.70
|
150 beds, less than 200 beds
|
1707.50
|
1568.50
|
200 beds, less than 250 beds
|
1763.00
|
1619.00
|
250 beds, less than 350 beds
|
1829.40
|
1680.00
|
350 beds, less than 450 beds
|
1956.30
|
1846.50
|
450 beds, less than 750 beds
|
2052.10
|
1884.60
|
750 beds and over
|
2180.80
|
2003.00
|
Table 2 - Other
Rates and Allowances
Item
No.
|
Clause
No.
|
Brief Description
|
Private Hospitals
|
Nursing Homes - Aged
Care
|
|
|
|
|
Facilities
|
|
|
|
$
|
$
|
1
|
13(i)(a)
|
In charge of Hospital
|
21.13 per shift
|
18.25 per shift
|
2
|
13(i)(b)
|
In charge of ward/unit in absence of NUM
|
21.13 per shift
|
18.25 shift
|
3
|
13(ii)(a)
|
On Call
|
18.48 per 24 hrs or
part thereof
|
16.00 per 24 hrs or
part thereof
|
4
|
13(ii)(b)
|
On call on rostered days off
|
37.04 per 24 hrs or
part thereof
|
32.00 per 24 hrs or
part thereof
|
5
|
13(ii)(c)
|
On call during meal break
|
9.42 per meal break
|
8.63 per meal break
|
6
|
13(iii)(a)
|
Radiographic allowance DON
|
26.68 per week
|
25.10 per week
|
7
|
13(iii)(c)
|
Radiographic allowance in absence of DON
|
5.44 per day
|
5.10 per day
|
8
|
13(iii)(c)
|
Radiographic allowance in absence of DON- maximum
|
26.68 per week
|
25.10 per week
|
9
|
13(iv)
|
Lead Apron Allowance
|
1.32 per hour or
part thereof
|
1.24 per hour or
part thereof
|
10
|
13(v)(a)
|
In charge of ward/unit and hospital
|
31.72 per shift
|
25.50 per shift
|
11
|
17(iii)(a)
|
Uniforms
|
5.31 per week
|
5.40 per week
|
12
|
17(iii)(a)
|
Shoes
|
1.64 per week
|
1.68 per week
|
13
|
17(iii)(b)
|
Stockings
|
2.75 per week
|
2.80 per week
|
14
|
17(iii)(c)
|
Cardigan or jacket
|
1.60 per week
|
1.62 per week
|
15
|
17(iii)(d)
|
Laundry
|
4.42 per week
|
4.50 per week
|
16
|
17(iii)(f)
|
Socks
|
0.54 cents per week
|
0.55 cents per week
|
17
|
19(vii)
|
Meal allowance overtime
|
14.50 per meal
|
13.80 per meal
|
18
|
32(a)(3)
|
Breakfast
|
2.96 per meal
|
2.98 per meal
|
9
|
32(a)(3)
|
Other meals
|
5.37 per meal
|
5.38 per meal
|
9. This
variation shall take effect from the first full pay period to commence on or
after 27 June 2005.
J. McLEAY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.