Hospital Scientists (State) Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 199967 of 2018)
Before Commissioner Murphy
|
3 July 2018
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1 Definitions
2 Salaries
3 Grading Employees
4 Hours
4A Multiple Assignments
5 Shift Work and Weekend Work
6 Rostering Hours
7 On-Call
8 Permanent Part-Time and Part-Time
Employees
9 Overtime
10 Meals
11 Higher Duties
12 Public holidays
13 Annual Leave
14 Long Service Leave
15 Sick Leave
16 Payment and Particulars of Salary
17 Termination of Employment
18 Accommodation and Amenities
19 Inspection of Lockers of Employees
20 Uniform and Laundry Allowance
21 Climatic and Isolation Allowance
22 Notice Boards
23 Union Representative
24 Exemptions
25 Blood Counts
26 Settlement of Disputes
27 Anti-Discrimination
28 Travelling Allowance
29 General Conditions
30 Promotions and Appointments
31 Board and Lodgings
32 Maternity, Adoption & Parental Leave
32A Lactation Breaks
33 Family and Community Services Leave and
Personal/Carer’s Leave
33A Family Violence Leave
34 Mobility, Excess Fares and Travelling
35 Labour Flexibility
36 Salary Packaging
37 Reasonable Hours
38 Salary Sacrifice to Superannuation
39 No Extra Claims
40 Area, Incidence and Duration
PART B
Table 1 -
Allowances
PART A
1. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have their respective meaning
assigned to them:
"ADA" means the daily average of occupied beds
adjusted by counting each 700 registered outpatients as one occupied bed. The
average shall be taken for the twelve months for the year ending 30 June in
each and every year and such average shall relate to the salary for the
succeeding year.
"Day Worker" means a worker who works ordinary
hours from Monday to Friday inclusive and who commences work on such days at or
after 6:00 a.m. and before 10 a.m. otherwise than as part of a shift system.
"Director/Deputy Director" means an employee
appointed as Head of a Department or as second in-charge of a Department,
provided that such a position is approved as such by the employer.
"Employee" means a Hospital Scientist, Senior
Hospital Scientist, Principal Hospital Scientist, or Trainee Hospital Scientist
as defined.
"Employer" means the Secretary exercising employer
functions on behalf of the Government of New South Wales (and includes a
delegate of the Secretary).
"Health
Service" means a Local Health District constituted under section 8 of the Health Services Act 1997, a Statutory
Health Corporation constituted under section 11 of that Act, and an Affiliated
Health Organisation constituted under section 13 of that Act.
"Hospital" means a public hospital as defined
under s.15 of the Health Services Act
1997
"Hospital Scientist" means an employee who has
acquired the Diploma in Medical Technology of the Australian Institute of
Medical Technologists (before 1974) or who has obtained a degree in science
from an approved university or college of advanced education requiring a
minimum of three years full-time study or such qualifications as the employer
deems equivalent.
"Principal Hospital Scientist" means a Hospital
Scientist who has been appointed as such and holds a post graduate degree in
science at least equivalent to the degree of Master of Science of an approved
university, or such other qualifications deemed by the employer to be
equivalent and who has had not less than ten years post graduate experience in an
appropriate scientific field.
"Senior Hospital Scientist" means an employee who
is engaged in scientific work of a professional nature in a public hospital
laboratory who holds a degree in science from an approved University or a
college of advanced education or such other qualifications deemed by the
employer to be appropriate who -
(a) has been appointed to a
position in charge of a section of a laboratory; or
(b) has been approved by the
employer for appointment on the recommendation of the Credentials Committee.
"Secretary" means the Secretary of the Ministry of
Health.
"Senior or Chief Hospital Scientist" means an
employee who is engaged in scientific work of a professional nature in a public
hospital laboratory who holds a degree in science from an approved University
or a college of advanced education or such other qualifications deemed by the
employer to be appropriate who:
(a) has been appointed to a
position in charge of a laboratory; or
(b) has been approved by the
employer for appointment on the recommendation of the Credentials Committee.
"Service" means service before and/or after the
commencement of this Award in any one or more hospitals as defined under s.15
of the Health Services Act 1997, or
any other hospital deemed acceptable by the employer.
"Shift Worker" means a worker who is not a day
worker as defined.
"Trainee Hospital Scientist" means an employee
appointed as such who is undertaking a part-time degree course in science at an
approved University and is engaged in work related to the profession for which
he or she is qualifying.
"Union" means the Health Services Union NSW.
2. Salaries
Salaries for Hospital Scientists, as defined herein, shall
be as set out in the Health Professional and Medical Salaries (State) Award.
3. Grading of Employees
(i) Grades: Every employee other
than Trainee Hospital Scientist shall be classified in one of the grades of
Hospital Scientist, Chief/Senior Hospital Scientist, or Principal Hospital
Scientist as provided hereunder.
(ii) Years of Scale-
(a) Within each grade employees
shall, at all times be classified not lower than the year of scale
corresponding to the minimum described hereunder for their respective
qualifications and/or duties advanced by:
(1) At least one year of scale
for each completed year of service in that grade and hospital; and
(2) At least one further year of
scale for each completed year of service in the same branch of science in that
grade in any other hospital or hospitals.
(b) In determining an employee's
classification due allowance also shall be made for any post graduate
experience.
(iii) Hospital Scientists who hold
or are qualified to hold a degree, diploma or other qualification, as shown
hereunder shall not be classified below the respective year of scale in this
grade, as follows, with advancement as provided for in subclause (ii) of this
clause.
Bachelor's Degree (3 year course)
- 1st year;
Bachelor's Degree with Honours (3
year course); Bachelor's degree (4 year course) - 2nd year;
Bachelor's Degree with Honours (4
year course); diploma or Bachelor's degree with at least two years experience
concurrent with or after the last two years of the course - 3rd year;
Master's Degree - 4th year;
Fellow of the Institute of
Physics, and/or Fellow of the Australian Institute of Physics, Degree of Doctor
of Philosophy - 6th year.
provided such degree with honours
or such Master's Degree has been obtained in a subject relevant to the branch
of science in which the employee is engaged.
(iv) Credentials Committee. A
committee consisting of two representatives of the employer and two
representatives of the Union shall be constituted to consider and recommend to
the employer upon application by the Union or the relevant Health Service.
(a) The appointment of a new
employee as a Senior Hospital Scientist (other than a Senior Hospital Scientist
in charge of a laboratory or a section of a laboratory), or a Principal
Hospital Scientist.
(b) The promotion of an employee
from Hospital Scientist to Senior Hospital Scientist.
(c) The promotion of an employee
from Senior Hospital Scientist to Principal Hospital Scientist.
4. Hours
(i) The ordinary hours of work
for day workers, exclusive of meal times, shall be 152 hours per 28 calendar
days to be worked from Monday to Friday inclusive and to commence on such days
at or after 6 a.m. and before 10 a.m.
(ii) The ordinary hours of work
for shift workers exclusive of meal times, shall not exceed an average of 38
hours per week in each roster cycle.
(iii) Each day worker shall be free
from duty for not less than two full days in each week and each shift worker
shall be free from duty for not less than two full days in each week or four
full days in each fortnight. Where practicable such days off duty shall be
consecutive.
(iv)
(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 days each employee shall not work
his or her ordinary hours of work on more than nineteen days in the cycle. The
hours worked on each of those days shall be arranged to include a proportion of
one hour (in the case of employees working shifts of eight hours duration the
proportion of 0.4 of an hour) which shall accumulate towards the employee's
allocate day off duty on pay, as the twentieth working day of the cycle.
(b) Notwithstanding the
provisions of paragraph (a) of this subclause, employees who were, as at the
30th June, 1984, working shifts of less than eight hours duration may:
(1) continue to work their
existing hours each 28 days but spread over 19 days, or
(2) with the agreement of the
hospital, continue to work shifts of the same duration over 20 days in each
cycle of 28 days.
(v) The employee's allocated day
off duty prescribed in subclause (iv) of this clause shall be determined by
mutual agreement between the employee and the employer having regards to the
needs of the employer. Where practicable such allocated day off duty shall be
consecutive with the days off duty prescribed by subclause (iii) of this
clause.
(vi) Once set the allocated day off
duty may not be changed in a current cycle unless there are genuine unforeseen
circumstances prevailing. Where such circumstances exist and the allocated day
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) Where the employer and the
Union agree that exceptional circumstances exist in a particular Health Service,
an employee’s allocated days off duty prescribed by subclause (iv) of this
clause may, with the agreement of the employee concerned, accumulate and be
taken at a time mutually agreed between the employee and the employer. Provided
that the maximum number of days off duty which may accumulated under this
subclause shall be three.
(viii) There shall be no accrual of
0.4 of an hour for each day of ordinary annual leave taken in accordance with
subclause (i) of clause 13, Annual Leave, of this Award. However where an
employee has accumulated sufficient time to take his/her allocated day off duty
prior to entering on annual leave, and that day would have been taken if the
employee had not gone on annual leave, it shall be allowed to the employee on
the first working day immediately following the period of leave.
Where an employee has not
accumulated sufficient time for an allocated day off duty prior to entering on
annual leave, time in credit shall count towards taking the next allocated day
off duty falling in sequence after the employee's return to duty.
(ix) An employee entitled to
allocated days off duty in accordance with subclause (iv) of this clause shall
continue to accumulate credit towards his/her allocated day off duty whilst on
sick leave. Where an employee's allocated day off duty falls during a period of
sick leave, the employee's available sick leave shall not be debited for that
day.
(x) Where an employee's allocated
day off duty falls due during a period of worker's compensation, the employee,
on returning to duty, shall be given the next allocated day off duty in
sequence irrespective of whether sufficient credits have been accumulated or
not.
(xi) Where an employee's allocated
day off duty falls on a public holiday as prescribed by clause 12, Public
Holidays, of this Award, the next working day shall be taken in lieu thereof.
(xii) Except for one meal break each
day all time worked between the normal starting and ceasing time each day shall
be at the ordinary rates of pay.
(xiii) There shall be one tea break
of twenty minutes duration. This is additional to the meal break provided for
in subclause (xii) of this clause.
(xiv) There shall be a minimum break
of eight (8) hours between ordinary rostered shifts.
4A. Multiple Assignments
(This clause will
take effect from 13 August 2018)
(i) Multiple assignments under
this Award exist when:
a. An employee has more than
one position under this Award within the New South Wales Health Service, and
b. The same conditions of
employment within the Award apply to the positions.
Each of these positions is
referred to in this clause as "assignments".
(ii) Where an employee has
multiple assignments with different ordinary rates of pay, the employee shall
be paid in relation to the ordinary hours worked in each separate assignment at
the ordinary rate of pay applicable to that assignment.
(iii) This clause does not apply to
employees who have multiple casual assignments only. The Award provisions are to apply separately
to each casual assignment.
Multiple Assignments
Within a Single Organisation in the Public Health System
(iv) The following provisions apply
to employees with two or more assignments, that comply with 4A(i), within a
single Organisation in the Public Health System:
(a) The work performed in each of
an employee’s assignments shall be aggregated for the purposes of determining
all of the employee’s entitlements under this Award.
Hours, Additional
Days Off, and Overtime
(b) The combined total number of
ordinary hours worked under an employee’s multiple assignments shall not exceed
the hours of work as set out in clause 4, Hours.
(c) Where the combined total
number of ordinary hours worked under an employee’s multiple assignments is
equivalent to those set out for the ordinary hours of work for day workers (i.e.
full time) in clause 4 they will be considered as a full time employee for the
purposes of the Award and:
1. that employee is entitled to
allocated days off in accordance with clause 4, Hours, and
2. clause 9, Overtime, shall
apply for the purposes of overtime.
(d) Where the combined total
number of ordinary hours worked under an employee’s multiple assignments is
less than those set out in subclause (c) of this subclause they will be treated
in accordance with Part 1 of clause 8 Permanent Part-Time and Part-Time
Employees.
1. All ordinary hours and
additional hours paid at ordinary rates in each assignment shall be aggregated
and treated as if they were worked under a single assignment, in accordance
with Part 1 of clause 8 Permanent Part-Time and Part-Time Employees, and
2. Overtime as prescribed in clause
9 ,Overtime (including subclauses (v) and (vi)).
(e) The rostering of additional
days off will be co-ordinated between the employee’s line managers to ensure
that the additional days off are proportionately rostered across the employee’s
assignments. Where an employee has
multiple assignments with different ordinary rates of pay, the additional day
off will be paid at the rate of pay relevant to the assignment in which it is
rostered.
(f) Where an employee has
multiple assignments with different ordinary rates of pay, the rate of pay used
to determine the additional hours or overtime payable shall be the rate
applicable to the assignment which generated the additional hours or overtime.
(g) Where overtime is compensated
by way of time off in lieu that time off in lieu must be taken in the
assignment which generated the overtime.
(h) Employees who are in full
time or part time assignments cannot be engaged on a second or further
assignment as a casual employee under the Award. Any additional hours worked by such employees
are to be remunerated in accordance with subclauses (c) or (d) of this
subclause.
Public Holidays -
Rostered Day Off
(i) Each assignment will stand alone when calculating payment for
a public holiday that falls on a rostered day off under clause 12, Public
Holidays subclause (iv).
Temporary Employees
(j) Where an employee has an assignment which attracts a 10% loading in accordance
with clause 3.2 of the Health Industry Status of Employment (State) Award, the
10% loading shall only apply to hours worked in that assignment. While ever
this loading is paid, the provisions of subclauses (p), (q) and (s) of this
subclause shall not apply to the temporary assignment.
Employees Engaged as Part Time as at 1
November 2001
(k) Where an employee:
1. has elected to receive the
benefits set out in Part 2 of clause 8, Permanent Part-Time and Part-Time
Employees, in relation to an assignment, and
2. after the date this clause
was operative in this Award the employee commences in a second or further
permanent part time assignment (as set out in Part 1 of clause 8 Permanent
Part-Time and Part-Time Employees) and their combined total number of ordinary
hours worked in all assignments is less than those set out in subclause (c) of
this subclause;
Part 2 of clause 8 Permanent
Part-Time and Part-Time Employees shall cease to apply and the employee will be
a Permanent Part-Time Employee for the purposes of the Award.
(l) Where an employee:
1. has elected to receive the
benefits set out in Part 2 of clause 8, Permanent Part-Time and Part-Time
Employees, in relation to an assignment, and
2. his/her combined total
number of ordinary hours worked in all assignments is equal to or more than
those set out in subclause (c) of this subclause,
Part 2 of clause 8, Permanent
Part-Time and Part-Time Employees shall not apply to any of their assignments.
Incremental
Progression
(m) Where an employee has multiple
assignments in the same classification and pay rate, the employee will progress
from one increment (year step) to the next increment after the employee has
completed the full time equivalent of one year in the increment having regard
to the work performed in all assignments.
Further, an employee must complete a minimum of one calendar year in an
increment before progressing to the next increment.
(n) Where an employee has
multiple assignments in the same classification, but different grades and/or pay
rates, the employee’s service in the higher grade will count for the purposes
of incremental progression in the lower grade.
However, service in the lower grade shall not count for the purposes of
incremental progression in the higher grade.
(o) Where an employee has
multiple assignments in different classifications, the employee’s service in
each assignment will not count for the purpose of incremental progression in
the other assignment.
Leave
(p) All ordinary hours worked by
an employee in multiple assignments shall count towards determining the
employee’s leave entitlements.
(q) Employees with multiple
assignments shall be entitled to take all forms of leave in any of their
assignments. That is, leave accrued by
an employee through work performed in one assignment, can be taken by that
employee in their other assignment/s.
(r) Where an employee has
multiple assignments with different ordinary rates of pay, the employee shall
be paid for leave taken at the rate of pay relevant to the assignment in which
the leave was taken or rostered.
(s) An employee’s combined total
number of ordinary hours worked in their multiple assignments will be used to
calculate additional annual leave in accordance with subclause (iii)(b) of clause
13, Annual Leave.
(t) Service in all assignments
will be recognised for the purposes of entitlements under clause 32, Maternity,
Adoption and Parental Leave.
(u) Where an employee’s
assignment is terminated but the employee remains employed under another full
time or part time assignment, all leave credits will be transferred to the
remaining assignments. The employee shall not be paid out the monetary value of
the annual leave or long service leave accrued in the terminated assignment.
Disclosures,
Notifications and Approvals
(v) Employees must, at the time
they apply for any second or further assignment, disclose in writing that they
are already employed by NSW Health and provide details of that assignment
including:
1. the position/s currently
held
2. the facility in which the
existing position/s are worked
3. the classification/s under
which they are engaged in each position
4. the number of ordinary hours
worked in each position
5. any regular additional hours
or overtime that is worked in each position
6. whether the position/s is
worked according to a set roster and if so, the details of that roster
arrangement; and
(w) Prior to accepting an offer
for a second or further assignment, employees must provide to their current
manager details of that proposed assignment including:
1. the position they have
applied for
2. the facility in which the
proposed new assignment is to be worked
3. the classification under
which they would be engaged in the new assignment
4. the number of ordinary hours
to be worked in the proposed assignment
5. whether the position is to
be worked according to a set roster and if so, the details of that roster
arrangement.
(x) A Public Health Organisation
may elect on reasonable grounds to withhold the approval of a second or further
assignment to employees who are already employed in another assignment.
(y) Before accepting any change
in roster or undertaking additional hours or overtime that will impact on
another assignment, employees who hold multiple assignments must notify their
current manager of the details of their next shift in either assignment. Managers must not change rosters or require
employees to work additional hours or overtime where these will impact on the
employee’s roster in the other assignment (for example by generating overtime)
without first consulting the manager of the other assignment/s. (By way of
example, if an employee is requested by Manager 1 in Assignment 1 to undertake
additional hours in Assignment 1 that may impact on the roster in Assignment 2,
the employee must notify Manager 1 of the impact. Manager 1 must not change rosters/hours that
impact on Assignment 2 without first consulting Manager 2.)
Multiple Assignments
Across Different Organisations in the Public Health System
(v) Multiple Assignments, that
meet the criteria in subclause (i) of this clause and they are worked in different Organisations in the Public Health System,
will be regarded as entirely separate for all purposes under the Award,
including the accrual and taking of leave. The only exceptions are:
(a) At the time an employee
commences an assignment in another Organisation in the Public Health System the
employee’s accrued leave will be apportioned across their assignments (for
example, a 0.6 full time equivalent employee who commences another 0.4 full
time equivalent assignment in another Organisation in the Public Health System
will have 60% of their leave accruals allocated to the former assignment and
40% to the latter assignment) unless prior to commencing the new assignment the
employee elects that this apportioning does not occur. After this apportioning, leave accrues
separately in each assignment, based on the hours worked in each
assignment. The employer will notify the
employee of their right to make this election prior to the apportioning taking
place.
(b) Employees who have multiple
assignments across different Organisations in the Public Health System at the
time this clause became operative in this award may elect to apportion their
accrued leave across their assignments.
(c) Service in all assignments
will be aggregated for the purposes of calculating entitlements under clause 14,
Long Service Leave.
(d) Service in all assignments
will be recognised for the purposes of entitlements under clause 32, Maternity,
Adoption and Parental Leave.
(e) Service in all assignments
will be recognised for the purposes of entitlements of Family and Community
Services Leave and Personal/Carer’s Leave as provided in clause 33.
(f) Service in all assignments
will be recognised for the purposes of entitlements of Family Violence Leave as
provided in clause 33A.
(g) Where an employee terminates
an assignment, any leave credits that are held against that assignment will be
transferred to the remaining assignment/s.
(h) If prior to the introduction
of this clause and/or the StaffLink payroll system an employee received
additional days off and/or overtime in accordance with subclause (ii) of clause
9, Overtime, that employee shall continue to receive those benefits until one of
the assignments is terminated.
(i) Where an employee has three
or more assignments, one or more of which are in different Organisation in the
Public Health System, subclause (iv) of this clause shall apply to those
assignments which are within a single Organisation in the Public Health System.
Changes to the
composition of Organisation in the Public Health System
(vi) The employer and the
Association agree to review this clause in the event that the boundaries of any
Organisation in the Public Health System change.
(vii) Where any change to the
boundaries of any Organisation in the Public Health System causes an employee’s
multiple assignments to which subclause (iv) of this clause previously applied
to then be subject to subclause (v) of this clause, subclause (iv) of this
clause shall continue to apply (to the exclusion of subclause (v) of this
clause) to those assignments until one of them is terminated.
5. Shift Work and Weekend Work
(i) Subject to the provisions of
this clause, employees may be employed on shift work.
(ii) The ordinary hours of shift
workers shall be worked on not more than five days per week and shall not
exceed 152 hours per 28 calendar days.
(iii) As far as practicable, no
employee shall be obliged to work shift work against his/her wishes.
(iv) Senior Hospital Scientists and
Principal Hospital Scientists shall not be required to work shift work against
their wishes.
(v) Before shift work is
introduced into any section or department of a Health Service, the proposals
relating thereto shall be conveyed to the Union and an opportunity given to
discuss such proposals with representatives of the Health Service concerned and
the employer.
(vi) Any disputes arising out of
the introduction of new shift systems shall be referred to a committee
consisting of not more than six members with equal representatives of the
employer and the Union.
In the event of no unanimous
decision being arrived at, the matter in dispute may be notified to the
Industrial Registrar for the consideration of the Public Health Employees
(State) Industrial Committee or the Industrial Relations Commission of New
South Wales.
(vii) Work performed by shift
workers working during ordinary hours shall be paid at the following rates:
(a) on Mondays to Fridays between
8:30 a.m. and 9:00 p.m. at ordinary time rate of pay.
(b) On Mondays to Fridays before
8:30 a.m. and after 9:00 p.m. at the rate of time and a half.
(c) On Saturdays at the rate of
time and a half.
(d) On Sundays at the rate of
time and three quarters.
Provided that a part-time employee
shall not be entitled to be paid in addition the loading prescribed in
subclause (ii) of Part 2 of clause 8, Part-Time Employees, of this Award.
Provided further that, positions
which prior to 31 August 1988 were covered under the terms of the Hospital
Employees Conditions of Employment (State) Award, shall continue to be paid in
accordance with provisions of Penalty Rates for Shift Work, Weekend Work and
Special Working Conditions, of that Award. Further provided that the provisions
of subclauses (iii) and (iv) shall not apply to these positions.
6. Roster of Hours
(i) The ordinary hours of work
for each employee shall be displayed on a roster in a place conveniently
accessible to employees. Where reasonably practicable such roster shall be
displayed two weeks, but in any case at least one week, prior to the commencing
date of the first working period in any roster.
Provided that this provision shall
not make it obligatory for the employer to display any roster of ordinary hours
of work of members of the relieving staff.
Provided further that a roster may
be altered at any time to enable the services of the Health Service to be
carried on where another employee is absent from duty on account of illness or
in emergency but where any such alteration involves an employee working on a
day which would have been his/her day off such time worked shall, subject to
subclause (vi) of clause 4, Hours, be paid for at overtime rates. Furthermore,
where a change in roster hours occurs with less than 24 hours’ notice to the
employee affected, all time worked outside that shown on the employee's roster
(prior to the alteration) shall be paid for at overtime rates.
(ii) Where an employee is entitled
to an allocated day off duty in accordance with clause 4, Hours, of this Award,
that allocated day off duty is to be shown on the roster of hours for that
employee.
7. On-Call
An employee required by the employer to be on-call in any
one 24 hour period shall be paid an allowance as set out in Item 1 of table 1,
Allowances, for that period or any part thereof, provided that only one
allowance shall be paid in any period of 24 hours.
Provided that an on-call roster shall not be introduced by a
Health Service without the approval of the employer. Principal Hospital
Scientists are excluded from the provisions of this clause.
Provided that this clause shall not apply to positions
covered by the Public Hospital Medical Technologists (State) Award, prior to 31
August 1988.
8. Permanent Part-Time and Part-Time Employees
Part 1 - Permanent
Part-Time Employees
(i) A permanent part-time
employee is one who is appointed by the employer to work a specified number of
hours each roster cycle which are less than those prescribed for a full-time
employee.
(ii) A permanent part-time
employee shall be paid an hourly rate calculated on the basis of one thirty
eighth of the normal weekly rate available for full-time employees of the same
classification.
(iii) Persons employed on a
permanent part-time basis may be employed for not less than two (2) or more
than thirty two (32) hours in any full week of seven days, such week to be
coincidental with the pay period. Permanent part-time employees are not
entitled to an allocated day off. The specified number of hours may be balanced
over a roster cycle, provided that the average weekly hours worked shall be
deemed to be the specified number of hours for the purposes of accrual of leave
provided for by this Award. Provided further that there shall be no interruption
to the continuity of employment merely by reason of an employee working on a
"week-on", "week-off" basis in accordance with this
subclause.
(iv) Employees engaged under this
clause shall be entitled to all other benefits of the Award not otherwise
expressly provided for herein in 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 total rostered daily ordinary hours of
work prescribed for the majority of full-time employees employed on that shift
in the ward or section concerned 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.
(vi) Time worked up to the total
rostered daily ordinary hours of work prescribed for a majority of the
full-time employees employed on that shift in the ward or section concerned
shall not be regarded as overtime but an extension of the contract hours for
that day and shall be paid at the ordinary rate of pay.
Part 2 - Part-Time
Employees
(i) Employees engaged as
part-time employees on or before 1 November 2001 are entitled to exercise the
option of receiving the benefits of employment specified in Part 1 of this
clause.
(ii) Persons employed on a
part-time basis, other than on a permanent part-time basis as outlined in Part
1 of this clause, may be employed for not less than eight or more than thirty
hours in any full week of seven days, such week to be coincidental with the pay
period of each hospital respectively, and shall be paid for the actual number
of hours worked each week an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed plus 15 per cent thereof.
(iii) In an emergency, part-time
employees may be allowed to work more than thirty hours in one week and in such
case will be paid for the hours actually worked at a rate calculated in
accordance with subclause (ii) of Part 2 of this clause.
(iv) With respect to employees
employed as part-time workers the provisions of clause 4, Hours, subclauses
(iv) to (xi) of this Award shall not apply.
(v) All time worked by part-time
employees in excess of the total rostered daily ordinary hours of work prescribed
for the majority of full-time employees employed on that shift in the ward or
section concerned 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.
(vi) Time worked up to the total
rostered daily ordinary hours of work prescribed for a majority of the
full-time employees employed on that shift in the ward or section concerned
shall not be regarded as overtime but an extension of the contract hours for
that day and shall be paid at the ordinary rate of pay.
(vii) With respect to employees
employed as part-time workers the provisions of clause 9, Overtime, of this
Award, except where provided in subclauses (v) and (vi) of Part 2 of this
clause, shall not apply.
9. Overtime
(i) All time worked by day
workers and shift workers in excess of or outside the ordinary hours prescribed
by clause 4, Hours, and clause 5, Shift Work and Weekend Work, of this Award,
respectively, shall be paid for at the rate of time and one half for the first
two hours and double time thereafter, provided that all time worked on Sundays
shall be paid for at double time; provided further that all overtime worked on
public holidays shall be paid for at the rate of double time and one half.
(ii) Subject to subclauses (iii) -
(vii) below, employees who are recalled for duty, whether notified before or
after leaving the employer’s premises, shall be paid for all time worked at the
appropriate overtime rate, with a minimum of four hours at such rates.
(iii) Employees may be required to
perform other work that arises during the recall period. Employees shall not be
required to work the full four hour minimum payment period if they complete the
work they were recalled to perform and any additional work they are required to
undertake, within a shorter period.
(iv) The employer must have
processes in place for the formal release of employees from recall duty.
(v) Employees who are not
formally released and who are recalled again during the four hour minimum
payment period are not entitled to any additional payment until the expiration
of the four hour period.
(vi) Employees who are advised they
will not be required to perform any additional work and are formally released
and who are subsequently recalled again during the four hour minimum payment
period, shall be entitled to another four hour minimum payment.
(vii) Employees required to work
overtime after leaving the employer’s premises to provide a technology support
resolution or clinical appraisal remotely without onsite presence, shall be
paid for such work at the appropriate overtime rate, with a minimum payment of
one hour at such rates.
(viii) An employee recalled to work
overtime as prescribed by this subclause shall be paid all fares and expenses
reasonably incurred in travelling to and from his/her place or work.
Provided further that where an
employee elects to use his/her own mode of transport he/she shall be paid an
allowance equivalent to the "Transport Allowance" as provided by
determination made under the Health
Services Act 1997, as varied from time to time.
(ix) When overtime is necessary it
shall wherever reasonably practical, be so arranged that employees have at
least eight consecutive hours off duty between the work on successive days or
shifts.
For the purposes of assessing
overtime each day shall stand alone, provided however, that where any one
period of overtime is continuous and extends beyond midnight, all overtime
hours in this period shall be regarded as if they had occurred within the one
day.
(x) An employee who works such
overtime:
(a) between the termination of
his/her ordinary work on any day or shift and the commencement of his/her
ordinary work on the next day or shift that he/she has not had at least eight
consecutive hours off duty between these times; or
(b) on a Saturday, a Sunday and a
holiday, not being ordinary working day, or on a rostered day off without
having had eight consecutive hours off duty in the twenty-four hours preceding
his/her ordinary commencing time on his/her next day or shift;
shall, subject to this subclause,
be released after completion of such overtime until he/she has had eight
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence. If on the instruction of his/her employer such
an employee resumes or continues to work without having had such eight
consecutive hours off duty, he/she shall be paid at double rates until he/she
is released from duty for such period and he/she then shall be entitled to be
absent until he/she has had eight consecutive hours off duty without loss of
pay for ordinary working time occurring during such absence.
(xi) When an employee works
overtime as an extension of shift and ceases work at a time when reasonable
means of transport are not available, he/she shall be paid at ordinary rates
for the time reasonably spent travelling from the employer’s premises to the
employee's home with a maximum payment of one (1) hour.
This subclause shall not apply in
the case of call-back nor where the employee has his/her own vehicle available
for conveyance home.
(xii) The provisions of this clause
shall not apply to Principal Hospital Scientists.
10. Meals
(i) An employee who works
authorised overtime shall be paid in addition for such overtime -
(a) as set out in Item 2 of Table
1, Allowances, for breakfast when commencing such overtime work at or before
6:00 a.m.;
(b) as set out in Item 2 of Table
1, for luncheons when such overtime extends beyond 2:00 p.m. on Saturdays,
Sundays or holidays;
(c) as set out in Item 2 of the
said Table 1, for an evening meal when such overtime is worked for at least one
hour immediately following his/her normal ceasing time, exclusive of any meal
break, and extends beyond or is worked wholly or after 7:00 p.m.;
or shall be provided with adequate
meals in lieu of payment.
(ii) The value of payments for
meals shall be varied as the equivalent rates are from time to time varied in
the Crown Employees (Public Service Condition of Employment) Award.
(iii) Time not exceeding one hour
and not less than thirty minutes shall be allowed for each meal, provided that
where an employee is called upon to work for any portion of the meal break,
such time shall count as ordinary working time.
(iv) 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.
(v) 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 partaking of a meal
and a further twenty minutes after each subsequent four hours overtime; all
such time shall be counted as time worked.
(vi) Where practicable, employees
shall not be required to work more than four (4) hours without a meal break.
11.
Higher Duties
An employee who is called upon to relieve an employee in a
higher classification continuously for five working days or more, and who
satisfactorily performs the whole of the duties and assumes the whole of the
responsibilities of the higher classification, shall be entitled to receive,
for the period of relief, the minimum pay of such higher classification
12. Public Holidays
(i) Public Holidays shall be
allowed to employees on full pay.
(ii) Where an employee is required
to and does work on any of the holidays set out in subclause (iii) of this
clause, whether for a full shift or not, the employee shall be paid one and one
half day's pay in addition to the weekly rate prescribed by clause 2, Salaries,
of this Award, such payment in the case of shift workers to 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:
Provided that if the employer and
the employee so agree, an employee may be paid one half day's pay in addition
to the weekly rate and have one day added to his/her period of annual leave for
each public holiday worked in lieu of the provisions of the preceding
paragraph.
(iii) For the purpose of this
clause, the following shall be deemed public holidays, viz: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day,
Boxing Day, Anzac Day, Queen's Birthday, local Labour Day, and other days
proclaimed and observed as a public holiday within the area in which the hospital
or health institution is situated.
(iv) Where a public holiday occurs
on a shift worker's rostered day off, he/she shall be paid one day's pay in
addition to the weekly rate, or if the employer and the employee so agree, have
one day added to his period of annual leave.
(v) An employee who has accrued
additional annual leave under subclause (ii) or (iv) of this clause can elect
at any time to be paid an amount equivalent to the value of the accrued
additional annual leave in lieu of taking additional leave, provided that the
amount is a minimum of one weeks’ accrued additional leave and that the salary
for the period of additional leave paid out will be calculated as if the period
of leave was actually taken.
(vi) Subclauses (i) and (ii) of
this clause shall not apply to part-time employee of this Award but each such
employee who is required to work on a public holiday as defined in subclause
(iii) of this clause shall be paid at the rate of double time and one-half but
such employee shall not be entitled to be paid in addition the loading of 15
per cent prescribed in subclause (i) of clause 8 - Part-Time Employees, of this
Award.
(vii) Provided that this clause
shall not apply to positions covered by the Hospital Employees Conditions of
Employment (State) Award, prior to 31 August 1988, the provisions of
"Public Holidays" of that Award shall apply.
(viii) In addition to those public
holidays specified in subclause (iii), employees are entitled to an extra
public holiday each year. Such public holiday will occur on a day in the
Christmas-New Year period as determined by the employer following consultation
with the Union, or other suitable day as agreed between the employer and the
Union. Such public holiday shall be regarded for all purposes of this clause as
any other public holiday.
The foregoing will not apply in
areas where in each year a day in addition to the ten named public holidays
specified in subclause (iii) is proclaimed and observed as a public holiday and
will not apply in areas where, in each year, at least two half days in addition
to the ten named public holidays specified in the said subclause are proclaimed
and observed as half public holidays.
Provided further that in areas
where in each year only one half day in addition to the ten named public
holidays specified in subclause (iii) is proclaimed and observed as a half
public holiday for the purposes of this Award, the whole day will be regarded
as a public holiday and no additional public holiday, which otherwise would, as
a result of this subclause apply, will be observed.
13. Annual Leave
(i) All employees: See Annual Holidays Act 1944.
(ii) Annual leave on full pay
shall be granted on completion of each twelve months service as follows:
(a) Principal Hospital Scientists
- 5 weeks.
(b) All other employees - 4
weeks.
(iii)
(a) This subclause does not apply
to part-time employees.
(b) Employees who are rostered to
work their ordinary hours on Sundays and/or public holidays during the
qualifying period of employment for annual leave purposes shall be entitled to
receive additional annual leave as follows:
(1) If 35 ordinary shifts on such
days have been worked - one week.
(2) If less than 35 ordinary
shifts on such days have been worked and the employees work 38 hours per week -
proportionately calculated on the basis of 38 hours leave for 35 such shifts
worked.
(3) If less than 35 ordinary
shifts on such days have been worked and the employees work less than 38 hours
per week - proportionately calculated on the basis of leave equivalent to the
number of hours ordinarily worked per week for 35 such shifts worked.
The calculations referred to above
shall be made to the nearest one fifth of the ordinary hours worked, half or
more than half of one fifth being regarded as one fifth and less than half
being disregarded.
Provided that an employee,
entitled to additional annual leave by virtue of this subclause, may elect to
be paid an amount equivalent to the value of his or her additional leave
entitlement, in lieu of taking the additional leave. Such election is to be
made in writing by the employee at the commencement of each year of employment.
An employee with accrued annual
leave pursuant to this subclause can elect at any time to be paid an amount
equivalent to the value of the accrued additional leave in lieu of taking
additional leave, provided that the amount is a minimum of one weeks’ accrued
additional leave and that the salary for the period of additional leave paid
out will be calculated as if the period of leave was actually taken.
(c) Provided further that on
termination of employment, employees shall be entitled to payment for any
untaken leave due under this subclause together with payment for any untaken
leave in respect of an uncompleted year of employment, calculated in accordance
with this subclause.
(iv) The annual leave shall be
given by the employer and shall be taken by the employee before the expiration
of a period of six months after the date upon which the right to such holidays
accrues; provided that the giving and taking of the whole or any separate
period of such annual holiday may, with the consent of the employee, be
postponed for a period not exceeding 18 months.
(v) The employer shall give to
each employee three months’ notice where practicable and not less than one
months’ notice of the date upon which the employee shall enter upon annual
leave.
(vi) An employee who is normally
employed to work shifts shall be paid whilst on annual leave his/her ordinary
pay plus shift allowances and weekend penalties relating to ordinary time the
employee would have worked if he/she had not been on annual leave, provided
that shift allowances and weekend penalties shall not be payable for public
holidays which occur during a period of annual leave or for days which have
been added to annual leave in accordance with the provisions of clause 12,
Public Holidays, of this Award.
(vii) Credit of time towards an
allocated day off duty shall not accrue when an employee is absent on ordinary
annual leave in accordance with subclause (i) of this clause. Employees
entitled to allocated days off duty in accordance with clause 4, Hours, of this
Award shall accrue credit towards an allocated day off duty in respect of each
day those employees are absent on additional annual leave in accordance with
subclause (ii) of clause 12, Public Holidays, of this Award.
(viii) Employees shall be entitled to
an annual leave loading of 17.5 per centum, or shift penalties as set out in
subclause (vi) of this clause, whichever is the greater.
NOTATION: The conditions under
when the annual leave loading shall be paid to employees are the same as
generally applied through circulars issued by the Ministry of Health, as varied
or replaced from time to time.
14. Long Service Leave
(i)
(a) Each employee shall be
entitled to two months long service leave on full pay after ten years of
service; thereafter additional long service shall accrue on the basis of five
months long service leave on full pay for each ten years’ service.
Employees with at least seven
years’ service and less than 10 years’ service are entitled, proportionate to
his or her length of service, to proceed on a proportionate period of long
service leave on the basis of two months' long service leave for ten years'
service on full pay.
(b) Where the services of an
employee with at least five years’ service and less than seven 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/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.
Where the services of an employee
with at least seven years are terminated by the employer or by the employee,
he/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.
Where the services of an employee with at least 10 years’ service are
terminated by the employer or by the employee, he/she shall be entitled to be
paid on the basis of two months' long service leave for ten years' service and
thereafter on the basis of five months long service leave for each ten years’
service.
(ii) For the purposes of subclause
(i) of this clause:
(a) Service shall mean continuous
service with the employer. For the purpose of this paragraph, continuous
service will be determined in accordance with the provisions of clause 7.5.1 of
the NSW Health Policy Directive PD2017_028 Leave Matters for the NSW Health
Service, as amended or replaced from time to time.
(b) Broken periods of service
with the employer in one or more hospitals shall count as service.
(c) 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 there from) in which
case service shall include any period of leave without pay not exceeding six
months taken after 1 January, 1973;
(2) any period of part-time
service, except permanent part-time service, as provided for in subclause (ix).
(iii) An employee with an
entitlement to long service leave may elect to access such entitlement:
(a) on full pay;
(b) on half pay; or
(c) on double pay.
(iv) When an employee takes long
service leave, the leave entitlement will be deducted on the following basis:
(a) a period of leave on full pay
- the number of days so taken;
(b) a period of leave on half pay
- half the number of days so taken; or
(c) a period of leave on double
pay - twice the number of days so taken.
(v) When taking long service
leave and an employee would otherwise have had a rostered shift fall on a public
holiday during that period, the amount of long service leave to be deducted is
to be reduced by one day for the public holiday.
(vi) Long Service Leave shall be
taken at a time mutually arranged between the employer and the employee.
(vii)
(a) On the termination of
employment of an employee, otherwise than by his/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 and such monetary value shall be
determined according to the salary payable to the employee at the date of such
termination, unless the employee elects to transfer his or her leave
entitlement in accordance with section 18.1.3 of the NSW Health Policy
Directive 2017_028 Leave Matters for the NSW Health Service, 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’ service
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 such widow, widower, or children, such person who,
in the opinion of the employer, was at the time of the death of such employee,
a dependent 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/her services 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/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 employee.
(viii) The provisions of subclauses
(i) to (v) of this clause shall not apply to part-time employees who receive an
adjusted hourly rate (as defined in Part II, of clause 8, of this Award). Such
employees shall be entitled to long service leave in accordance with the
provisions of the Long Service Leave Act
1955, and/or Determination under the Health
Services Act 1997.
(ix) A full-time 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 purposes in
conjunction with full-time service on the basis of the proportion that the
actual number of hours worked each week bears to forty hours up until 30 June
1984 and bears to 38 on and from 1 July 1984, provided the part-time service
merges without break with the subsequent full-time service.
(x) Except as provided for in
subclause (xi) 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 the
date of commencement of this Award 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 the date of commencement of this Award. Where an employee has been
granted long service leave or has been paid its monetary value prior to the
date of commencement of this Award, the employer shall be entitled to debit
such leave against any leave to which the employee may be entitled pursuant to
this clause.
(xi) The following provisions shall
apply only to employees employed in a hospital at 1 January 1973:
(a) An employee who -
(1) has had service in a
hospital, to which clause 21, Climatic and Isolation Allowance, applies, prior
to 1 January 1973;
(2) Is employed in a hospital, to
which clause 21, Climatic and Isolation Allowance, applies, at 1 January 1973
shall be granted long service leave in accordance with the long service leave
provisions in force prior to 1st January 1973, in lieu of the provisions
provided by this Award where such benefits are more favourable to the employee.
(b) An employee employed -
(1) as a part-time employee at
1st January 1973 may be allowed to continue to be granted long service leave in
accordance with the long service provisions in force prior to 1st January 1973
in lieu of the provisions of the Long
Service Leave Act 1955, as provided for in subclause (viii) of this clause;
(2) on a full-time basis at 1
January 1973, but who 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 1 January 1973, in lieu of the provisions provided
by this Award where such benefits are more favourable to the employee.
(xii) Where an employee has accrued
a right to an allocated day off duty on pay prior to entering a period of long
service leave such day shall be taken on the next working day immediately
following the period of long service leave.
An employee returning to duty from
long service leave shall be given the next allocated day off duty in sequence
irrespective of whether sufficient credits have been accumulated or not.
15. Sick Leave
(i) Full-time employees - a
full-time employee shall be entitled to sick leave on full pay by allowing 76
rostered ordinary hours of work for each year of continuous service, less any
sick leave on full pay already taken subject to the following conditions.
(a) All periods of sickness shall
be certified to by the Medical Superintendent of the hospital or by a legally
qualified Medical Practitioner approved by the employer, provided such approval
shall not be unreasonably withheld; provided however, that the employer may
dispense with the requirement of the medical certificate where the absence does
not exceed two (2) consecutive days or where in the employer's opinion the
circumstances are such as to not warrant such requirements.
(b) The employer shall not change
the rostered hours of work of an employee fixed by the roster or rosters
applicable to the seven days immediately following the commencement of sick
leave merely by reason of the fact that the employee is on sick leave.
(c) An employee shall not be
entitled to sick leave until after three months continuous service.
(d) Service for the purpose of
this clause, shall mean service with the employer and shall be deemed to have
commenced on the date of engagement by the employer in respect of any period of
employment with the employer current at the date of the commencement of this
Award in respect of employees then so employed and in respect of others it
shall be deemed to commence on the first day of engagement by the employer
after the commencement of this Award.
(e) Employees who are employed at
the date of the commencement of this Award shall retain to their credit, until
exhausted, any accumulation of sick leave to their credit immediately prior to
such a date; provided that such credit is not less than the entitlement
otherwise prescribed by this clause.
(f) "Continuous
Service" for the purpose of this clause, shall be calculated in the same
manner as provided under subclause (ii) (a) of clause 14, Long Service Leave,
of this Award, excepting that all periods of service with the employer in any
hospital (providing such service is not less than three months actual service)
shall be counted.
(g) Each employee shall take all
reasonably practicable steps to inform the employer of his or her inability to
attend for duty and as far as possible state the estimated duration for the
absence.
Where practicable such notice shall
be given within twenty-four hours of the commencement of such absence.
(ii) Part-time employees - A
part-time employee shall be entitled to sick leave in the same proportion of 76
hours as the average weekly hours worked over the preceding twelve months or
from the time of the commencement of the employment, whichever is the lesser,
bears to 38 ordinary hours of one week. Such entitlements shall be subject to
all the above conditions applying to full-time employees.
(iii) 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 worker's 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 worker's 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.
(iv) For the purpose of determining
a full-time employee's sick leave credit as at the 1st July 1984, sick leave
entitlement shall be proportioned on the basis of 76/80.
16. Payment and Particulars of Salary
(i) Salaries shall be paid
weekly or fortnightly.
(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 except where agreement as to another
method of payment has been reached between the Union and the employer due to
the isolation of the work location. Salaries shall be deposited by the employer
in sufficient time to ensure that salaries are available for withdrawal by
employees no later than pay day 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 the employer making deposits with such financial institutions but in
such cases the employer shall take all reasonable steps to ensure that the
salaries of such employees are available for withdrawal by no later than pay
day.
Subject to adequate notice in
writing on each occasion, employees who are rostered off on pay day shall be
entitled to have their salary deposited before proceeding on their days off.
(iii) Notwithstanding the provisions
of subclauses (i) and (ii) of this clause, any employee who was given or who
has been given notice of termination of employment in accordance with clause
17, Termination of Employment, of this Award, shall be paid all monies due to
him/her prior to ceasing duty on the last day of employment. Where an employee
is dismissed or his or her services are terminated without notice in accordance
with clause 17, Termination of Employment, of this Award, any moneys due to him
or 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 pay day an employee,
in respect of the payment then due, shall be furnished with a statement in
writing containing the following particulars, namely: name, the amount of
ordinary salary, the total hours of overtime worked, if any, other monies paid,
and the purpose for which they are paid and the amount of deductions made from
the total earnings and the nature thereof.
(v) Where the retrospective adjustments
of wages are paid to employees, such payments where practical shall be paid as
a separate payment to ordinary wages. Such payment shall be accompanied by a
statement containing particulars as set out in subclause (iv) of this clause.
(vi) Underpayment and overpayment
of salaries - the following process will apply once the issue of underpayment
or overpayment is substantiated.
(a) Underpayment
(1) If the amount underpaid is
equal to or greater than one day’s gross base pay the underpayment will be
rectified within three working days;
(2) If the amount underpaid is
less than one day’s gross base pay it will be rectified by no later than the
next normal pay. However, if the employee can demonstrate that rectification in
this manner would result in undue hardship, every effort will be made by the
employer to rectify the underpayment within three working days.
(b) Overpayment
(1) In all cases where
overpayments have occurred, the employer shall as soon as possible advise the
employee concerned of both the circumstances surrounding the overpayment and
the amount involved. The employer will also advise the employee of the pay
period from which the recovery of the overpayment is to commence.
(2) One off overpayments will be
recovered in the next normal pay, except that where the employee can
demonstrate that undue hardship would result, the recover rate shall be at 10%
of an employee’s gross fortnightly base pay.
(3) Unless the employee agrees
otherwise, the maximum rate at which cumulative overpayments can be recovered
is an amount, calculated on a per fortnight basis, equivalent to 10% of the
employee’s gross fortnightly base pay.
(4) The recovery rate of 10% of
an employee’s gross fortnightly base pay referred to in subclause (b)(3) above
may be reduced by agreement, where the employee can demonstrate that undue
hardship would result.
(5) Where an employee’s remaining
period of service does not permit the full recovery of any overpayment to be
achieved on the fortnightly basis prescribed in subclause (b)(3) above, the
employer shall have the right to deduct any balance of such overpayment from
monies owing to the employee on the employee’s date of termination, resignation
or retirement, as the case may be.
17. Termination of Employment
(i) During the first three
months of employment, employment shall be from week to week. After three months
continuous service, employment may be terminated only by twenty eight days’
notice given either by the employer or the employee at any time during the week
or by payment or forfeiture of twenty eight days salary, as the case may be.
Nothing in this clause, however, shall prevent the summary dismissal of an
employee for misconduct or neglect of duty.
(ii) Employees with a credit of
time accrued towards an allocated day off duty shall be paid for such accrual
upon termination.
(iii) Provided that this clause
shall not apply to positions covered by the Hospital Employees Conditions of
Employment (State) Award, prior to 31 August 1988, the provisions of
"Termination of Employment", subclause (ii), of that Award, shall
apply.
18. Accommodation and Amenities
(i) Suitable dining room
accommodation and lavatory conveniences shall be provided for all resident and
non-resident employees.
(ii) In all hospitals erected after
1st January 1960, dressing room, lockers, hot and cold showers and conveniences
also shall be provided for non-resident employees and where practicable, such
facilities shall be provided in hospitals erected prior to that date.
(iii) The following outlines the
minimum standards which the employer seeks to achieve in all hospitals:
Sanitary conveniences -
(a) Seats - in the proportion of
1 seat to every 15 employees or fraction of 15 employees of each sex.
(b) Separate and distinct
conveniences for each sex, together with screened approaches to ensure privacy.
These facilities must be located conveniently to work places, they must be
adequately lighted and ventilated and floors, walls and ceilings finished with
a smooth faced surface resistant to moisture.
Washing and Bathing Facilities
(a) Washing provision by way of
basins of suitable impervious material with taps set at 600mm centres with hot
and cold water supplied, in proportion of one hot tap and one cold tap for each
fifteen employees or part of 15 employees of each sex. Space in front of the
wash points shall not be less than 900mm.
(b) Showers spaced at not less
than 900mm and with hot and cold water connected for persons ceasing work at
any one time in a minimum ratio of one shower for every twenty persons or part
of twenty persons of each sex ceasing work at any one time.
Washing and bathing facilities
must be adequately lighted and ventilated; floors, walls and ceilings finished
with a smooth-faced surface resistant to moisture.
These facilities should be
incorporated in, or communicated direct with the change room and should not be
contained within any closet block.
Change Rooms and Lockers
(a) Properly constructed and
ventilated change rooms equipped with a vented steel locker, at least 300mm
wide by 450mm deep and 1800mm high for each employee.
(b) Floor area not less than 0.56
sq. m. per employee to be accommodated.
(c) Space between lockers - set
up facing one another and not less than 1.5 metres. Traffic ways not less than
one metre wide.
(d) Sufficient seating not less
than 260mm wide by 380mm high should be provided.
(e) Lockers should be set up with
at least 150mm clearance between the floor of the locker and the floor of the
room. Lockers shall be of the lock-up type with keys provided.
Dining Room
(a) Well constructed, ventilated
and adequately lighted dining room(s). Generally floor area should not be less
than 1.0 sq. m. per employee using the meal room at any one time.
(b) Tables not more than 1.8 m.
long, spaced 1.2 m. apart, allowing 0.6 m. of table space per person.
(c) Chairs or other seating with
back rests. Sufficient tables and chairs must be provided for all persons who
will use the dining room at any one time.
(d) Facilities for boiling water,
warming and refrigerating food and for washing and storing of dining utensils
shall be provided.
Rest Room
A well constructed and adequately
lighted and ventilated room or screened off portion of the change room for
women. Such rest room or rest area to be equipped with day bed or couch with
mattress, blankets, pillow and hot water bottle.
(iv) The above standards shall be
the minimum to be included in working drawings approved after 1st December
1976, for new hospitals.
(v) Where major additions to
presently occupied buildings or new buildings are erected within a presently
constituted hospital the amenities to be provided in such additions or new
buildings shall be the subject of negotiations between the parties.
19. Inspection of Lockers of Employees
Lockers may be opened for inspection in the presence of the
employee but in cases where the employee neglects or refuses to be present or
in any circumstances where notice to the employee is impracticable such
inspection may be carried out in the absence of the employee by an employee
appointed by the employer, and if practicable, a Union Branch Employee,
otherwise by any two employees so appointed by the employer.
20. Uniform and Laundry Allowance
(i) Subject to clause (iii) of
this clause, sufficient suitable and serviceable uniforms shall be supplied
free of cost to each employee required to wear a uniform provided that an
employee to whom a new uniform or part of a uniform has been supplied by the
employer who, without good reason, fails to return the corresponding article
last supplied to him or her, shall not be entitled to have such article
replaced without payment thereof at a reasonable price.
(ii) An employee, on leaving the
service of the employer shall return any uniform or part thereof supplied by
the employer which is still in use immediately prior to leaving.
(iii) In lieu of supplying a
uniform to an employee, the employer shall pay to such employee an amount per
week as set in Item 3 of Table 1, Allowances.
(iv) If at any hospital the uniform
of the employee is not laundered at the expense of the employer, an allowance
per week as set in Item 3 of the said Table 1, shall be paid to such employee.
(v) Each employee whose duties
require him/her to work in a hazardous situation shall be supplied with the
appropriate protective clothing and equipment.
(vi) The allowances referred to in
subclauses (iii) and (iv) are payable to part-time employees on the basis of
one fifth of the full weekly allowance for each shift worked in the week.
21. Climatic and Isolation Allowance
(i) Employees employed in
hospitals in any place situated upon or to the west of a line drawn as
specified in this subclause but not including places as specified in subclause
(ii) of this clause shall be paid a weekly allowance as set in Item 4 of Table
1, Allowances, in addition to the salary to which they otherwise are entitled.
The line shall be drawn as follows: commencing 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) Employees employed in
hospitals in any place situated upon or to the west of a line drawn as
specified in this subclause shall be paid a weekly allowance as set in Item 4
of Table 1, Allowances, in addition to the salary to which they otherwise are
entitled. The line shall be drawn as follows: commencing at a point on the
right bank of the Murray River at Swan Hill (Victoria) and thence 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 in this clause shall be regarded as part of
the salary for the purpose of this Award.
(iv) The allowances prescribed by this
clause are not cumulative.
(v) A part-time employee shall be
entitled to the allowances prescribed in this clause in the same proportion as
average hours worked each week bears to 38 ordinary hours.
22. Notice Boards
The hospital shall permit notice boards of reasonable
dimensions to be erected in a prominent position upon which the representative
of the Union shall be permitted to post Union Notices.
23. Union Representatives
An employee appointed as Union representative shall upon
notification thereof in writing by the Union to the employer, be recognised as
an accredited representative of the Union and shall be allowed the necessary
time during working hours to interview the employer on matters affecting
employees and shall be allowed suitable facilities to collect the Union’s dues.
24. Exemptions
This Award shall not apply to members, novices or aspirants
of religious orders in public hospitals, the names of whom are included or
hereafter shall be in the third schedule to the Health Services Act 1997.
25. Blood Counts
Every employee who works in close proximity to diagnostic
and/or therapeutic X-Ray equipment or any other form of radio-active equipment
or substance shall have a blood count carried out free of charge, by the
employer at least once in every period of three months including any such
period of work.
26. Settlement of Disputes
(i) Where a dispute arises in a
particular section which cannot be resolved between the employees or their
representative and the supervising staff, it shall be referred to the Chief
Executive Officer of the Health Service or establishment or his/her nominee,
who will arrange to have the matter discussed with the employees concerned and
a local representative or representatives of the Union.
(ii) Failing settlement of the
issue at this level, the matter shall be referred to the Secretary and the Head
office of the Union. The dispute will be dealt with pursuant to subclause (v)
of this clause.
(iii) Whilst these procedures are
continuing, no stoppage of work or any form of ban or limitation of work shall
be applied.
(iv) The Union reserves the right
to vary this procedure where it is considered a safety factor is involved.
(v) With view to an amicable and
speedy settlement, all disputes that firstly cannot be settled in accordance
with subclauses (i) and (ii) of this clause may be submitted to the committee
consisting of not more than six (6) members, with equal representatives of the
Union and the Secretary. Such committee shall have the power to investigate all
matters in dispute and to report to the Chief Executive Officer of the Health
Service and the Union respectively with such recommendation as it may think
right and, in the event of no mutual decision being arrived at by such
committee, the matter in dispute may be referred to the Public Health Employees
(State) Industrial Committee.
(vi) This clause shall not
interfere with the rights of either to institute proceedings for the
determination of any matter in accordance with the Industrial Relations Act 1996.
27. 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."
28. Travelling Allowance
(i) An employee seconded to
another hospital may be granted a daily travel allowance at the rate of the
difference between the cost of travel by public transport to his/her normal
place of employment and travel by public transport to the seconding hospital.
Provided that where an employee drives his/her own vehicle, he/she shall, in
lieu, be eligible for an allowance based on the casual rate prescribed by the
Crown Employees (Public Service Conditions of Employment) Award, from time to
time, for the difference between the distance to his/her normal place of
employment and distance to the seconding hospital.
(ii) An employee who with the
approval of the employer, uses on official business a motor vehicle primarily
for other than official business, shall be paid the above mentioned allowance
from time to time effective. However, where it is estimated that an employee
will, with the approval of the employer, be required to use his/her private
vehicle on official business on at least fifty days during any period of twelve
months and during that period, aggregate at least 850 kilometres of official running,
he shall be paid the official business rate prescribed by the Crown Employees
(Public Service Conditions of Employment) Award, at the rate in force from time
to time throughout the year.
(iii) For the purpose of subclause
(ii) travel on official business -
(a) occurs when an employee is
required by the employer as part of his/her duty to use his/her motor vehicle
to attend away from his/her normal place of employment or seconding hospital to
another clinic, annexe or hospital. Where an employee travels on official
business direct from his/her place of residence to a clinic, annexe or
hospital, other than normal place of employment he/she shall be paid the
difference between the distance to his/her normal place of employment or
seconding hospital and that other clinic, annexe or hospital.
(b) shall include other
arrangements as agreed to between the employer and the Union from time to time.
(c) does not include "call
backs".
(iv) Nothing in this clause shall
make the employer liable for the cost of the employee's daily travel to his/her
usual and normal place of employment.
29. General Conditions
An employee required to answer emergency phone calls outside
of ordinary working hours, but not recalled to duty, shall be reimbursed rental
charges on such telephone on production of receipted accounts.
Provided that, where an employee is required to answer out
of hours telephone calls on a relief basis he/she shall be paid one-twelfth of
his/her yearly telephone rental for each month or part thereof he/she is so
employed.
30. Promotions and Appointments
(i) Promotion and/or appointment
shall be by merit.
(ii) In the case of an employee or
employees disputing a promotion and/or appointment the Union may apply to the
Public Health Employees (State) Industrial Committee or its chairman or the
Industrial Relations Commission of New South Wales for determination of the
dispute.
31. Board and Lodging
(i) Where an employee lives at a
hospital, deductions from his/her salary for accommodation and/or board may be
made by the employer at the rates prescribed from time to time by the Public
Health System Nurses’ and Midwives’ (State) Award.
(ii) Where individual meals only
are provided, the employee may be charged the charges applicable under the
Public Health System Nurses’ and Midwives’ (State) Award.
(iii) No deductions shall be made
from the salary of an employee for board or lodging when the employee is absent
on annual, sick or long service leave.
32. Maternity, Adoption and Parental Leave
A. Maternity Leave
(i) Eligibility for Paid
Maternity Leave
To be eligible for paid maternity
leave a full time or permanent part-time employee must have completed at least
40 weeks continuous service prior to the expected date of birth.
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 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
(NSW) 1987.
(ii) Portability of Service for
Paid Maternity Leave
Portability of service for paid
maternity leave involves the recognition of service in government sector
agencies for the purpose of determining an employee's eligibility to receive
paid maternity leave. For example, where an employee moves between a public
service 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 an organisation
that is part of the government sector as defined in the Government Sector Employment Act 2013 will be recognised, provided
that:
(a) service was on a full-time or
permanent part-time 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 immediately
commences duty with the new employer. There may be a break in service of up to
two months before commencing duty with the new 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.
(iii) Entitlement to Paid Maternity
Leave
An eligible employee is entitled
to fourteen weeks at the ordinary rate of pay from the date maternity leave
commences. This leave may commence up to fourteen 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 the nine weeks prior to the date of birth it is subject to the employee
being able to satisfactorily perform the full range of normal duties.
Paid maternity leave may be paid:
on a normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a
period of twenty-eight weeks on a regular fortnightly basis.
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.
(iv) Unpaid Maternity Leave
(a) Full time and permanent part
time employees who are entitled to paid maternity leave are entitled to a
further period of unpaid maternity leave of not more than 12 months after the
actual date of birth.
(b) Full time and permanent part
time employees who are not eligible for paid maternity leave are entitled to
unpaid maternity leave of not more than 12 months.
(v) 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.
(vi) Variation after Commencement
of Leave
After commencing maternity leave,
an employee may vary the period of her maternity leave once only without the
consent of her employer by giving the employer notice in writing of the
extended period at least fourteen days’ before the start of the extended
period. An employer may accept less notice if convenient.
An employee may extend the period
of maternity leave at any time with the agreement of the employer.
The conditions relating to
variation of maternity leave are derived from Section 64 of the Industrial Relations Act 1996.
(vii) Staffing Provisions
In accordance with obligations
established by the Industrial Relations
Act 1996 (Section 69) 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.
(viii) 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
annual leave, sick leave 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 leave, sick leave and long service 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.
(ix) 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, annual 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, annual, 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.
(x) 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.
(xi) Miscarriages
In the event of a miscarriage any
absence from work is to be covered by the current sick leave provisions
(xii) 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.
(xiii) 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.
(xiv) 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 to which the employee is capable
or qualified.
(xv) Further Pregnancy While on
Maternity Leave
Where an employee becomes pregnant
whilst on maternity leave, a further period of maternity leave shall be
granted. If an employee enters on the second period of maternity leave during the
currency of the initial period of maternity leave, then any residual maternity
leave from the initial entitlement ceases.
An employee who commences a
subsequent period of maternity leave while on unpaid maternity leave under
subclause (iv)(a) of Part A of this clause or subclause (i)(b) of Part D of
this clause is entitled to be paid at their normal rate (i.e. the rate at which
they were paid before proceeding on maternity leave).
An employee who commences a
subsequent period of maternity leave during the first 12 months of a return to
duty on a part time basis as provided under subclause (i)(c) of Part D of this
clause is entitled to be paid at their substantive full time rate for the
subsequent period of maternity leave.
An employee who commences a
subsequent period of maternity leave more than 12 months after returning to
duty on a part time basis under subclause (i)(c) of Part D of this clause, will
be entitled to paid maternity leave for the subsequent period of maternity
leave at their part time rate.
B. Adoption Leave
(i) Eligibility
All full time and permanent part
time employees who are adopting a child and are to be the primary care giver of
the child are eligible for unpaid adoption leave.
To be eligible for paid adoption
leave a full time or permanent part-time employee must also have completed at
least 40 weeks continuous service 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 (NSW)
1987.
(ii) Portability of Service for
Paid Adoption Leave
As per maternity leave conditions.
(iii) Entitlement
(a) Paid Adoption Leave
Eligible employees are entitled to
paid adoption leave of fourteen 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; or
in advance in a lump sum; or
at the rate of half pay over a
period of twenty-eight weeks on a regular fortnightly basis.
Annual 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 and under 18 years old - a period of up to 12 months, such period to
be agreed upon by both the employee and the employer.
(iv) 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.
(v) 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 fourteen
days’ notice must be given, although an employer may accept less notice if
convenient.
(vi) Staffing Provisions
As per maternity leave conditions.
(vii) Effect of Adoption Leave on
Accrual of Leave, Increments, etc.
As per maternity leave conditions.
(viii) Right to Return to Previous
Position
As per maternity leave conditions.
C. Parental Leave
(i) Eligibility
To be eligible for parental leave
a full time or permanent part-time employee must have completed at least 40
weeks continuous service prior to the expected date of birth or to the date of
taking custody of the child.
An employee who has once met the
conditions for paid parental leave will not be required to again work the 40
weeks continuous service in order to qualify for a further period of paid
parental 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) Portability of Service for
Paid Parental Leave
As per maternity leave conditions.
(iii) Entitlements
Eligible employees whose spouse or
partner (including a same sex partner) is pregnant or is taking custody of a
child, are entitled to a period of leave not exceeding 52 weeks, which includes
one week of paid leave, and may be taken as follows:
(a) an unbroken period of up to
one week at the time of the birth of the child, taking custody of the child or
other termination of the pregnancy (short parental leave), and
(b) a further unbroken period in
order to be the primary caregiver of the child (extended parental leave).
(c) The entitlement of one week’s
paid leave may be taken at anytime within the 52 week period and shall be paid:
at the employees ordinary rate of
pay for a period not exceeding one week on full pay, or
two weeks at half pay or the
period of parental leave taken, whichever is the lesser period.
(d) Extended parental leave
cannot be taken at the same time as the employee’s spouse or partner is on
maternity or adoption leave except as provided for in subclause (i)(a) of Part
D Right to Request of this clause.
Annual and/or long service leave
credits can be combined with periods of parental leave on half pay to enable an
employee to remain on full pay for that period.
(iv) Applications
An employee who intends to proceed
on parental leave should formally notify their employer of such intention as
early as possible, so that arrangements associated with their absence can be
made.
(a) In the case of extended
parental leave, the employee should give written notice of the intention to
take the leave.
(b) The employee must, at least
four weeks before proceeding on leave, give written notice of the dates on
which they propose to start and end the period of leave, although it is
recognised in situations of taking custody of a child, little or no notice may
be provided to the employee. In such an instance, the employee should notify
the employer as early as practicable.
(c) The employee must, before the
start of leave, provide a certificate from a medical practitioner confirming
that their spouse or partner is pregnant and the expected date of birth, or in
the case of an adoption, an official form or notification on taking custody of
the child.
(d) In the case of extended
parental leave, the employee must, before the start of leave, provide a
statutory declaration by the employee stating:
(1) if applicable, the period of
any maternity leave sought or taken by his spouse, and
(2) that they are seeking the
period of extended parental leave to become the primary care giver of the
child.
(v) Variation after Commencement
of Leave
After commencing parental leave,
an employee may vary the period of her/his parental leave, once without the
consent of the employer and otherwise with the consent of the employer. A
minimum of fourteen days’ notice must be given, although an employer may accept
less notice if convenient.
(vi) Effect of Parental Leave on
Accrual of Leave, Increments etc.
As per maternity leave conditions.
(vii) Right to Return to Previous
Position
As per maternity leave conditions.
D. Right to Request
(i) An employee entitled to
maternity, adoption or parental leave may request the employer to allow the
employee:
(a) to extend the period of simultaneous
maternity, adoption or parental leave use up to a maximum of eight weeks;
(b) to extend the period of
unpaid maternity, adoption or extended parental leave for a further continuous
period of leave not exceeding 12 months;
(c) to return from a period of
maternity, adoption or parental leave on a part time basis until the child
reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(ii) The employer shall consider
the request having regard to the employee’s circumstances and, provided the
request is genuinely based on the employee’s parental responsibilities, may
only refuse the request on reasonable grounds related to the effect on the
workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(iii) The employee’s request and
the employer’s decision made under subclauses (i)(b) and (c) must be recorded
in writing.
(iv) Where an employee wishes to
make a request under subclause (i)(c):
(a) the employee is to make an
application for leave without pay to reduce their full time weekly hours of
work
(b) such application must be made
as early as possible to enable the employer to make suitable staffing arrangements.
At least four weeks’ notice must be given.
(c) 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.
(d) employees who return from
leave under this arrangement remain full time employees. Therefore the payment
of any part time allowance to such employees does not arise.
E. Communication During Leave
(i) Where an employee is on
maternity, adoption or parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(a) make information available in
relation to any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing the
leave; and
(b) provide an opportunity for
the employee to discuss any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing the leave.
(ii) The employee shall take
reasonable steps to inform the employer about any significant matter that will
affect the employee’s decision regarding the duration of the leave to be taken,
whether the employee intends to return to work and whether the employee intends
to request to return to work on a part time basis.
(iii) The employee shall also
notify the employer of changes of address or other contact details which might affect
the employer’s capacity to comply with subclause (i).
NOTE:
(a) The entitlement to maternity,
adoption and parental leave for part-time employees who receive an adjusted
hourly rate (as defined in clause 8, Part 2, in this Award), along with casual
employees, are in accordance with the provisions of Part 4, Parental Leave of
the Industrial Relations Act 1996
and/or Determination under the Health
Services Act 1997.
(b) Where a casual employee is
entitled to parental leave under the Industrial
Relations Act 1996, the following provisions shall also apply in addition
to those set out in the Act.
An employer must not fail to
re-engage a casual employee because:
the employee or employee’s spouse
is pregnant; or
the employee is or has been
immediately absent on parental leave.
The rights of the employer in
relation to engagement and re-engagement of casual employees are not affected,
other than in accordance with this clause.
(c) Part time employees who
receive an adjusted hourly rate are also entitled to the provisions of Part D
Right to Request and Part E Communication During Leave of this clause.
(d) Liability for Superannuation
Contributions
During a period of unpaid
maternity, adoption or parental leave, the employee will not be required to
meet the employer's superannuation liability.
32A. Lactation Breaks
(i) This clause applies to
employees who are lactating mothers. A lactation break is provided for
breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this Award.
(ii) A full time employee or a
part time employee working more than four hours per day is entitled to a
maximum of two paid lactation breaks of up to 30 minutes each per day or per
shift.
(iii) A part time employee working
four hours or less on any day or shift is entitled to only one paid lactation
break of up to 30 minutes each per day or per shift worked.
(iv) A flexible approach to lactation
breaks can be taken by mutual agreement between an employee and their manager
provided the total lactation break time entitlement is not exceeded. When
giving consideration to any such requests for flexibility, a manager needs to
balance the operational requirements of the organisation with the lactating
needs of the employee.
(v) The employer shall provide
access to a suitable, private space with comfortable seating for the purpose of
breastfeeding or expressing milk. Other suitable facilities, such as
refrigeration and a sink, shall be provided where practicable. Where it is not
practicable to provide these facilities, discussions between the manager and
the employee will take place to attempt to identify reasonable alternative
arrangements for the employee’s lactation needs.
(vi) Employees experiencing
difficulties in effecting the transition from home based breastfeeding to the
workplace will have telephone access in paid time to a free breastfeeding
consultative service, such as that provided by the Australian Breastfeeding
Association’s Breastfeeding Helpline Service or the Public Health System.
(vii) Employees needing to leave the
workplace during time normally required for duty to seek support or treatment
in relation to breastfeeding and the transition to the workplace may utilise
sick leave or other leave in accordance with the Award.
33. Family and Community Services Leave and
Personal/Carers’ Leave
(i) Family and Community
Services (FACS) Leave and Personal/Carer’s Leave are separate, stand alone
entitlements.
(ii) The provisions outlined in
Parts A and B of this clause are available to all employees covered by this
Award, other than casual employees as defined in subclause (iii) below.
(iii) Casual employees as defined
in the Health Industry Status of Employment (State) Award are entitled to the
provisions outlined in Part C of this clause.
A. FACS Leave
(i) FACS Leave - General
(a) For the purpose of this
clause relating to FACS leave:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
"household" means a
family group living in the same domestic dwelling.
(b) The employer may grant FACS
leave to an employee:
(1) to provide care and/or
support for sick members of the employee’s relatives or household; or
(2) for reasons related to the
family responsibilities of the employee (e.g. to arrange and or attend a
funeral of a relative; to accompany a relative to a medical appointment where
there is an element of emergency; parent/teacher meetings; education week
activities; to meet elder-care requirements of a relative); or
(3) for reasons related to the
performance of community service by the employee (e.g. in matters relating to
citizenship; to office holders in local government, other than as a mayor, for
attendance at meetings, conferences or other associated duties; representing
Australia or the State in major amateur sport other than in Olympic/Commonwealth
Games); or
(4) in a case of pressing
necessity (e.g. where an employee is unable to attend work because of adverse
weather conditions which either prevent attendance or threaten life or
property; the illness of a relative; where a child carer is unable to look
after their charge).
(ii) FACS leave replaces
compassionate leave.
(iii) An employee is not to be
granted FACS leave for attendance at court to answer a criminal charge, unless
the employer approves the grant of leave in the particular case.
Applications for FACS leave to
attend court, for reasons other than criminal charges, will be assessed on an
individual basis.
(iv) FACS Leave - entitlement
(a) The maximum amount of FACS
leave on full pay that may be granted to an employee is:
(1) 3 working days during the
first year of service, commencing on and from 1 January 1995, and thereafter 6
working days in any period of 2 years; or
(2) 1 working day, on a
cumulative basis effective from 1 January 1995, for each year of service after
2 years’ continuous service, minus any period of FACS leave already taken by
the employee since 1 January 1995,
whichever method provides the greater entitlement.
(b) For the purposes of
calculating entitlements under (iv)(a)(1) and (2) above, a working day for employees
working 38 hours per week shall be deemed to consist of 8 hours, and a working
day for employees working 35 hours per week shall be deemed to consist of 7
hours. The rate at which FACS leave is paid out and utilised shall be on actual
hours absent from a rostered shift.
Example A: An employee working 38
hours per week will have an entitlement, in their first year of employment, to
24 hours of FACS leave. If the employee takes FACS leave for a full 10 hour
shift, the employee would be debited 10 hours of FACS leave.
Example B: An employee working 35
hours per week will have an entitlement, in their first year of employment, to
21 hours of FACS leave. If the employee takes FACS leave for a full 7 hour
shift, the employee would be debited 7 hours of FACS leave.
Example C: An employee, employed
prior to 1 January 1995, applies for FACS leave on 20 February 1997. The
employee is entitled to 6 days in any period of two years. Therefore, to
calculate the employee’s available FACS leave as at 20 February 1997, add all
FACS leave taken from 21 February 1995 to 20 February 1997 and deduct that
amount from the 6 days entitlement.
(c) FACS leave is available to
part-time employees on a pro rata basis, based on the average number of hours
worked per week. A working day shall consist of one-fifth of the employee’s
average weekly hours during the preceding 12 months or during the employee’s
period of employment, whichever is the lesser period.
Example: An employee working an
average of 30 hours per week will have an entitlement, in his/her first year of
employment, of 18 hours of FACS leave. If the employee takes FACS leave for a
full rostered shift e.g. of 4 hours, the employee would be debited 4 hours of
FACS leave. Likewise, if the employee was rostered for 8 hours and was absent
for the full 8 hours on FACS leave, he/she would be debited 8 hours of FACS
leave.
(v) Additional FACS leave for
bereavement purposes
Where FACS leave has been
exhausted, additional FACS leave of up to 2 days for bereavement may be granted
on a discrete, "per occasion" basis to an employee on the death of a
relative or member of a household as defined in subclause (i) (a) of Part A of
this clause.
(vi) Use of other leave
entitlements
The employer may grant an employee
other leave entitlements for reasons related to family responsibilities or
community service, by the employee.
An employee may elect, with the
consent of the employer, to take annual leave; long service leave; or leave
without pay.
B. Personal/Carer’s Leave
(i) Use of sick leave to care
for the person concerned - definitions
A person who needs the employee’s
care and support is referred to as the "person concerned" and is:
(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 purpose of this clause
relating to Personal/Carer’s Leave:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
"household" means a
family group living in the same domestic dwelling.
(ii) Use of sick leave to care
for the person concerned - entitlement
(a) The entitlement to use sick
leave in accordance with this subclause is subject to:
(1) the employee being
responsible for the care and support of the person concerned; and
(2) the person concerned being as
defined in subclause (i) of Part B of this clause.
(b) Other than a casual or any
other employee who receives a loading in lieu of sick leave, an employee with
responsibilities in relation to a person who needs their care and support shall
be entitled to use the untaken sick leave, from that year’s annual sick leave
entitlement, to provide care and support for such persons when they are ill.
(c) Sick leave accumulates from
year to year. In addition to the current year’s grant of sick leave available
under (b) above, sick leave untaken from the previous 3 years may also be
accessed by an employee with responsibilities in relation to a person who needs
their care and support.
(d) The employer may, in special
circumstances, make a grant of additional sick leave. This grant can only be
taken from sick leave untaken prior to the period referred to in subclause (c)
above.
(e) The employee shall, if
required, establish either by production of a medical certificate or statutory
declaration, that the illness of the person concerned is such as to require
care by another person.
(f) The employee has the right to
choose the method by which the ground for leave is established, that is, by
production of either a medical certificate or statutory declaration.
(g) The employee is not required
to state the exact nature of the relevant illness on either a medical
certificate or statutory declaration.
(h) The employee shall, wherever
practicable, give the employer notice prior to the absence of the intention to
take leave, the name of the person requiring care and 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.
(i) In normal circumstances, the
employee must not take leave under this part where another person has taken
leave to care for the same person.
(iii) Use of other leave
entitlements
An employee may elect, with the
consent of the employer, to take:
(a) annual leave, including
annual leave not exceeding 10 days in single day periods or part thereof, in
any calendar year at a time or times agreed by the parties. An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least 5 consecutive annual leave days are taken.
An employee may elect with the employer’s agreement to take annual leave at any
time within a period of 24 months from the date at which it falls due.
(b) long service leave; or
(c) leave without pay for the
purpose of providing care and support to the person concerned as defined in
subclause (i) of Part B of this clause.
(iv) Time off in lieu of payment
of overtime
(a) An employee may elect, with
the consent of the employer, to take time off in lieu of payment of 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 shall be taken at the ordinary time rate, that is, one
hour off for each hour of overtime worked.
(c) If, having elected to take
time as leave in accordance with (iv)(a) above and the leave is not taken for
whatever reason, payment for time accrued at overtime rates shall be made at
the expiry of the twelve 12 month period from the date the overtime was worked,
or earlier by agreement, or on termination.
(d) Where no election is made in
accordance with paragraph (iv)(a) above, the employee shall be paid overtime
rates in accordance with the provisions of clause 9, Overtime.
(v) Use of make-up time
(a) An employee may elect, with
the consent of the employer, to work "make-up time". "Make-up
time" is worked when the employee takes time off during ordinary hours for
family or community service responsibilities, and works those hours at another
time, during the spread of ordinary hours provided for in clause 4 of this
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 during ordinary hours and works those
hours at another time) at the applicable shift work rate which would have been
applicable to the hours taken off.
C. Entitlements for Casual
Employees
(i) Bereavement entitlements for
casual employees
(a) Casual employees are
entitled to not be available to attend work or to leave work upon the death in
Australia of a relative or member of a household as prescribed in subclause
(i)(a) of Part A of this clause.
(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 part. The rights of an employer to engage or not engage a
casual employee are otherwise not affected.
(ii) Personal carer’s entitlement
for casual employees
(a) Subject to the evidentiary
and notice requirements in subclauses (ii)(e) - (h) of Part B of this clause
casual employees are entitled to not be available to attend work, or to leave
work if they need to care for a person prescribed in subclause (i) of Part B of
this clause who are sick and require care and support, or who require care due
to an unexpected emergency, or the birth of a child.
(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 part. The rights of an employer to engage or not to engage
a casual employee are otherwise not affected.
33A. Family Violence Leave
(i) For the purpose of this
clause, family violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act
2007. The violence may have been reported to the police and/or may be the
subject of an Apprehended Violence Order.
(ii) An employee experiencing
family and domestic violence can utilise Award leave entitlements provided for
in Sick Leave and Family and Community Services Leave provisions of the Award.
(iii) Where leave entitlements to
Sick Leave and Family and Community Services Leave are exhausted, the employer
will grant up to five days per year of paid special leave to attend legal
proceedings, counselling, appointments with a medical or legal practitioner and
relocation and safety activities directly associated with alleviating the
effects of family and domestic violence. This leave entitlement does not
accumulate from year to year.
(iv) Upon exhaustion of the paid
leave entitlement, an employee may request further periods of unpaid leave, for
the same activities for which paid leave would be available.
(v) To access paid and unpaid
leave, the employee must provide the employer with evidence, to the employer’s
satisfaction, substantiating the purpose of the leave and that the leave is
related to alleviating the effects of family violence. The employer may accept
a variety of agreed documentation in support of an application for leave.
Supporting documentation may be presented in the form of an agreed document
issued by the Police Force, a Court, a doctor, a Family Violence Support
Service or a lawyer.
(vi) Matters related to family
violence can be sensitive. Information collected by the employer will be kept
confidential. No information relating to the details of the family violence
will be kept on an employee’s personnel file without their express permission.
However, records about the use of family violence leave will need to be kept.
(vii) The employer, where
appropriate, may facilitate flexible working arrangements subject to
operational requirements. This may include changes to working times and
locations, telephone numbers and email addresses.
(viii) The employer will co-operate
with all legal orders protecting an employee experiencing domestic violence.
34. 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
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 prescribed from time to time by the
Crown Employees (Public Service Conditions of Employment) Award.
(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 Union prior to notice of
changed accustomed place of work being given.
(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 subclause "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 a decision after such discussion or if a significant number of
employees are involved, the matter should be referred to the Secretary, who
will discuss the matter with the Union 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 $5.11 per day in travelling to and from the relief site, the excess
shall be reimbursed.
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 $5.11 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 in the Crown Employees (Public Service Conditions of
Employment) Award less $5.11.
This $5.11 shall be reviewed annually by the employer.
(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.
35. Labour Flexibility
(i) The 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 consistent with employee's
classification, grouping and/or career stream provided that such duties are not
designed to promote deskilling.
(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 or has otherwise
acquired the necessary skills in the use of such tools and equipment.
(iii) Any direction issued by the
employer pursuant to subclause (i) and (ii) shall be consistent with the
employer's responsibilities to provide a safe and healthy work environment.
(iv) Existing provisions with
respect to the payment of higher duties allowances shall apply in such
circumstances.
36. Salary Packaging
(i) By agreement with their
employer, employees may elect to package part or all of their salary in
accordance with this clause, to obtain a range of benefits as set out in
PD2016_009 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 may be up to 100 per cent of salary.
Any salary packaging above the
fringe benefit exemption cap will attract fringe benefits tax as described in
paragraph (iv) below.
(ii) Where an employee elects to
package an amount of salary:
(a) Subject to Australian
taxation law, the packaged amount of salary will reduce the salary subject to
PAYE taxation deductions by that packaged amount.
(b) Any allowance, penalty rate,
overtime payment, payment for unused leave entitlements, weekly workers’
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 2 Salaries,
and which shall include ‘approved employment benefits’ which refer to fringe
benefit savings, administration costs, and the value of packaged benefits.
(iii) Any pre-tax and post-tax
payroll deductions must be taken into account prior to determining the amount
of available salary to be packaged. Such payroll deductions may include but are
not limited to superannuation payments, HECS payments, child support payments,
judgement debtor/garnishee orders, union fees, and private health fund
membership fees.
(iv) The salary packaging scheme
utilises a fringe benefit taxation exemption status conferred on public
hospitals and Local Health Districts, which provides for a fringe benefit 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 this cost
on to the employee. The employer’s share of savings, the combined
administration cost, and the value of the package benefits, are deducted from
pre-tax dollars.
(v) The parties agree that the
application of the fringe benefits tax exemption status conferred on public
hospitals and area health services is subject to prevailing Australian taxation
laws.
(vi) 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 PD2016_009 NSW
Health Services Salary Packaging Policy and Procedure Manual, as amended or
replaced from time to time.
(vii) 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.
(viii) 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.
(ix) The employer and the employee
shall comply with the procedures set out in the PD2016_009 NSW Health Services
Salary Packaging Policy and Procedure Manual, oras amended from time to time.
37. Reasonable Hours
(i) Subject to subclause (ii)
the employer may require an employee to work reasonable overtime at overtime
rates unless or as otherwise provided for under the Award.
(ii) The 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 subclause
(ii) what is unreasonable or otherwise will be determined having regard to:
(a) any risk to employee health
and safety.
(b) The employee’s personal
circumstances including 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; and
(e) Any other relevant matter.
38. Salary Sacrifice to Superannuation
(i) Notwithstanding the salaries
prescribed in clause 2, Salaries, as varied from time to time, an employee may
elect, subject to the agreement of the employee’s employer, to sacrifice a part
or all of the salary payable under the salaries clause 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 together with any salary packaging arrangements under clause 36,
Salary Packaging, of this Award may be made up to one hundred (100) per cent of
the salary payable under the salaries clause, or up to one hundred (100) per
cent of the currently applicable superannuable salary, whichever is the lesser.
In this clause, ‘superannuable
salary’ means the employee’s salary as notified from time to time to the New
South Wales public sector superannuation trustee corporations.
(ii) Any pre-tax and post-tax
payroll deductions must be taken into account prior to determining the amount of
available salary to be packaged. Such payroll deductions may include but are
not limited to superannuation payments, HECS payments, child support payments,
judgement debtor/garnishee orders, union fees and private health fund
membership fees.
(iii) Where the employee has
elected to sacrifice a part or all of the available payable salary to
additional employer superannuation contributions:
(a) The employee shall be
provided with a copy of the signed agreement. The salary sacrifice agreement
shall be terminated at any time at the employee’s election and shall cease upon
termination of the employee’s services with the employer;
(b) Subject to Australian
taxation law, the amount of salary sacrificed will reduce the salary subject to
appropriate PAYE taxation deductions by the amount sacrificed; and
(c) Any allowance, penalty rate,
overtime, payment for unused leave entitlements, weekly workers’ compensation,
or other payment, other than any payment for leave taken in service, to which
an employee is entitled under the relevant 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 the salaries clause in the absence of any salary
sacrifice to superannuation made under this Award.
(iv) The employee may elect to have
the specified amount 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 employer’s
agreement, paid into a private sector complying superannuation scheme as
employer superannuation contributions.
(v) Where an employee elects to
salary sacrifice in terms of subclause (iv) above, the employer will pay the
sacrificed amount into the relevant superannuation fund.
(vi) 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.
(vii) Where, prior to electing to
sacrifice a part or all of their salary to superannuation, an employee had
entered into an agreement with their 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 2 Salaries of
this Award to the same extent as applied before the employee sacrificed that
amount of 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.
39. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public
Sector Conditions of Employment) Regulation 2014, there shall be no further
claims/demands or proceedings instituted before the Industrial Relations Commission
of New South Wales for extra or reduced wages, salaries, rates of pay,
allowances or conditions of employment with respect to the employees covered by
the Award that take effect prior to 30 June 2019 by a party to this Award.
40. Area, Incidence and Duration
(i) This Award takes effect from
1 July 2018 and shall remain in force for a period of one year.
(ii) This Award rescinds and
replaces the Hospital Scientists (State) Award 2017 published 14 December 2018
(383 I.G. 1206) effective 1 July 2017 and all variations thereof.
(iii) This Award shall apply to
persons employed in classifications contained herein employed in the NSW Health
Service under section 115(1) of the Health
Services Act 1997, or their successors, assignees or transmittees.
PART B
Table 1 -
Allowances
Item
|
Clause
|
Description
|
Rate from first
full pay
|
No.
|
No.
|
|
period on or after
|
|
|
|
01/07/2018
|
|
|
|
$
|
1
|
7
|
On call - per 24 hours or any
part thereof
|
12.20
|
2
|
10
|
Meal Allowance for overtime
|
|
|
(a) Breakfast at or before 6.00 a.m.
|
30.05
|
|
|
(b) Evening at least 1 hour after normal
ceasing time and extends beyond or is worked wholly after 7.00 p.m.
|
30.05
|
|
|
(c) Lunch beyond 2.00 p.m. Saturdays, Sundays
or Holidays
|
30.05
|
3
|
20(iii)(iv)
|
Uniform and Laundry Allowance
|
|
|
- Uniform
|
2.60
|
|
|
- Laundry
|
2.70
|
4
|
21(i)(ii)
|
Allowance (per week) for
persons employed in hospitals
|
|
|
|
upon or west of the line
commencing at Tocumwal, etc.
|
3.70
|
|
|
(see clause 21(i))
|
|
|
|
Allowance (per week) for
persons employed in hospitals
|
|
|
|
upon or west of the line
commencing at Murray River etc.
|
7.20
|
|
|
(see clause 21(ii))
|
|
J.V. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.