Public
Health Service Employees Skilled Trades (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Ministry of Health.
(No. IRC 762 of 2012)
Before Commissioner
Bishop
|
18 July 2012
|
AWARD
PART A
1. Index
Clause No. Subject Matter
17. Accumulation
of Additional Days Off
7. Additional
Wage Rates
20. Amenities
28. Annual
Leave
38. Anti-Discrimination
40. Area,
Incidence and Duration
12. Chokages
3. Classification
Structure and Labour Flexibility
25. Climatic
and Isolation Allowance
35. Consultative
Committees
26. Damage to
or Loss of Clothing or Tools
2. Definitions
14. Excess
Fares and Travelling Time
34. Exhibition
of Award
31A. Family and
Community Services Leave and Personal/Carer’s Leave
19. First-Aid
Equipment
13. Fouled
Equipment
16. Higher
Duties Allowance
4. Hours and
Contract of Employment
1. Index
32. Issues
Resolution Procedures
9. Leading
Hands
33. Living Away
from Home Allowance
29. Long
Service Leave
31B. Maternity,
Adoption and Parental Leave
31. Miscellaneous
Leave Conditions
39. No Extra
Claims
4A. On Call
5. Overtime
15. Payment and
Particulars Of Wages
23. Picnic Day
22. Public
Holidays
37. Rights of
Union Delegates
6B. Salary
Packaging
6A. Salary
Sacrifice to Superannuation
4B. Secure
Employment
21. Shift Work
30. Sick Leave
18. Special
Conditions
10. Special
Rates
24. Special
Tools, Clothing and Sharpening Tools
11. Thermostatic
Mixing Valve
8. Tool
Allowances
27. Transport
of Employee's Tools
36. Union Dues
6. Wages
PART B
MONETARY RATES
Table 1 - Weekly Wages
Table 2 - Additional and Special Rates/Allowances
Table 3 - Expense Related Allowances
Table 4 - Apprentices Wages and Allowances
2. Definitions
"Local Health District" means a Local Health
District as specified in Schedule 1 of the Health Services Act 1997,
and, for the purposes of this Award, will also include the Ambulance Service of
NSW as described in section 76A of the said Act and also "Statutory Health
Corporations" as specified in Schedule 2 of the said Act.
"Blindmaker" means a person appointed as such
who is a journeyman/woman engaged in making and/or cutting or measuring or
fixing inside window blinds.
"Bricklayer" means a person appointed as such
who is employed on bricklaying or tuckpointing work.
"Carpenter" means a person appointed as such
who is employed on carpentry work.
"Electrical Tradesperson" means a
tradesperson, including an Electrician, in an electrical trade, which includes
the following electrical trades:
"Electrical Fitter" means a tradesperson who
is mainly engaged in making, fitting or repairing electrical machines,
instruments or appliances, and who in the course of his/her work applies
electrical knowledge including the welding, fabrication, and erection of
brackets and equipment associated with electrical installation work.
"Electrical Mechanic" means a tradesperson
who is mainly engaged on electrical installation, repair and maintenance work
including the welding, fabrication, and erection of brackets, and equipment
associated with electrical installation work.
"Electrical Fitter and Assistant to Chief Engineer
- Sydney Hospital" means a person appointed as such, who in addition to
undertaking the duties of an Electrical Fitter, assists the Chief Engineer at
Sydney Hospital.
"Electrical Fitter and Assistant to Chief Engineer
- Other Hospitals" means a person appointed as such, who in addition to
undertaking the duties of an Electrical Fitter, assists the Chief Engineer.
"Electrician in Charge of Generating Plant"
means an electrician who has complete charge of the whole plant, including the
prime mover and generator and is required to run the plant and maintain and
attend to the installation generally.
"Plant Electrician" means a tradesperson who
is an electrical mechanic or electrical fitter who has practically complete
charge of the general maintenance, alteration and repair work of an
installation and carries out the orders of an employer having no knowledge of
the electrical trade and not carrying on any business in the trade as a partner
or otherwise or carries out the orders of an employer's engineer or other
officer who is not a practical electrician.
"Refrigeration and/or Air Conditioning Mechanic or
Fitter" means a tradesperson who in the course of his/her work applies
electrical trade experience and is mainly engaged on the installation, repair,
and maintenance work in connection with electrically operated refrigeration
and/or air conditioning units.
"Electrical Instrument Fitter" means a
tradesperson, not necessarily an electrical fitter, who is required to design,
test and/or repair and maintain electrical and/or electro-pneumatic measuring
and/or scientific electrical instruments.
"Employer" means the Director-General, NSW
Ministry of Health.
"Fitter" means a person appointed as such who
is a tradesperson of one or more of the following classes: mechanical fitter, pipe fitter on
refrigeration work and/or high pressure work which includes live steam and
hydraulic press work.
"Floor/Wall Tiler" means a person appointed
as such and without limiting the meaning of the expression "floor/wall
tiler", a person employed in the laying or fixing of tiles, faience, mosaic,
ceramic, opalite and the like not exceeding in measurement 930 square
centimetres when such opalite and the like is fixed with cement composition.
"Hospital" means any facility operated by a
"Local Health District" as defined in this Award.
"Motor Mechanic" means a person appointed as
such who is a tradesperson engaged in repairing, altering, overhauling,
assembling or testing metal and/or electrical parts of the engine or chassis of
motor cars, motor cycles or other motor vehicles.
"Mechanical Tradesperson - Special Class"
means a fitter or mechanic who satisfies the requirements for appointment to
Level 2 in the classification structure, and who did so, fully or in part, by
virtue of having obtained skills and/or knowledge beyond the base trade in
hydraulics and/or pneumatics.
"Painter" means a person appointed as such
who is engaged in any manner whatsoever in the painting and/or decorating of or
in connection with all buildings and structures, plant, machinery, and
equipment, fences and posts.
"Plasterer" means a person appointed as such
who is employed on internal and/or external plastering and/or cement, including
without limiting the generality of the foregoing, fibrous plaster fixing,
gypsum plaster board fixing and floorlaying.
"Plumber" means a person appointed as such
and without limiting the ordinary meaning of "plumbing", who is
engaged on work including lead burning, chemical plumbing, oxy-welding,
electric welding and brazing applicable to plumbing work, gas fitting,
maintenance, installations and repair of hot and cold water services and hot
water and/or steam heating services, air conditioning plants, the making up,
fitting and installation of sewage and sewerage systems in sheet lead,
galvanised iron, cast iron or any other material which supersedes the materials
usually used by plumbers, the fixing of roofing, curtain walling, spouting,
downpipes, gutters, valleys, ridging and flashings in any metal or any
material, and the fixing, maintenance and repair of metal drain pipes and vent
pipes to any building.
"Scientific Instrument Maker" means a person
appointed as such who is a tradesperson engaged on the work of manufacturing,
repairing, adjusting, and/or testing of optical and scientific instruments, but
does not include an employee working exclusively as a tradesperson.
"Signwriter" means a person appointed as such
and who in addition to having a knowledge of painting does any of the following
work:
Signwriting, designing and/or lettering of tickets and
showcards.
Pictorial and scenic paintings, or production of signs
or posters by means of stencils, screens or like methods or any other work
incidental thereto including cutout displays of all description, pictorial,
scenic or lettering and without limiting the generality of the foregoing shall
include:
(a) lettering of
every description, size or shape applied by brush on any surface or material
which, without limiting its meaning, shall include stone, wood, iron, metal,
brick, cement, glass (plain and fancy), canvas, paper, calico, sheeting,
bunting, silk, satin, wire blinds;
(b) designing for
windows, poster, show window and theatre displays, honour rolls, illuminated
addresses, neon signs, stencils, display banners;
(c) gilding, i.e.,
the application of gold, silver, aluminium, or any metal leaf to any surface;
(d) designing and
laying out of cutout displays of all descriptions, either pictorial, scenic or
lettering;
(e) screen process
work, i.e., the designing, setting up and the operation for duplication of signs
on any material whether of paper, fabric, metal, wood, glass, or any similar
material.
Without limiting the general meaning signwriting work
shall include making of stencils and stencilling by screen or any other method,
and the making and/or fixing of transfers.
"Spray Painter" means a tradesperson who is
required to prepare all types of surfaces, colour match and apply paint to
vehicle panels, vehicle components and whole vehicles with the use of general
trade experience.
"Test case decision" means a decision made
under Part 3 - National and State Decisions of Chapter 2 of the Industrial
Relations Act 1996 or any other decision which the Industrial Relations
Commission of New South Wales determines to be a test case having general
application to awards in the State.
"Toolmaker" means a person appointed as such
who is a tradesperson making and/or repairing any precision tool, gauge, die or
mould to be affixed to any machine who designs or lays out his/her work and is
responsible for its proper completion and includes any tradesperson engaged in
or in connection with the making of any tool, gauge, die or mould as aforesaid
who by agreement with the employer is classified as a toolmaker.
"Tradesperson" means any employee who has
completed an apprenticeship or holds a relevant trade certificate or equivalent
or, is otherwise appointed to any classification under this Award as at 1
September 1997.
"Union" means any or all of the following
organisations as the case may be:
Construction Forestry Mining and Energy Union, New
South Wales Branch;
New South Wales Plumbers and Gasfitters Employees'
Union;
Automotive Food Metal Engineering Printing &
Kindred Industries Union - Metals Division and Vehicle Division.
The Electrical Trades Union of Australia, New South
Wales Branch.
"Upholsterer" means a person appointed as
such who is a journeyman engaged in upholstering.
"Welder 1st Class" means a person appointed
as such who is a tradesperson using electric arc and/or oxy-acetylene blow pipe
and/or coal gas cutting plant who is required to apply general trade experience
as a welder.
"Welder Special Class" means a welder who, in
addition to satisfying the requirements of a Welder 1st Class, is required to and
is competent to apply general trade experience in welding all the following
classes of metals: mild steel,
stainless steel, cast iron, aluminium, copper, brass, die cast metal and
magnesium.
3. Classification
Structure and Labour Flexibility
Tradespersons in the NSW public Health system perform,
both on a planned and emergency basis, a variety of manual and technical tasks
related to preventative and corrective maintenance and the installation,
renovation and construction of buildings, plant and equipment. Those tasks
include the performance of peripheral and incidental tasks and assisting other
staff so as to complete the whole job.
In recognition of the skills and knowledge brought to
the performance of tasks by tradespersons, the following classification
structure is to be applied from the first full pay period to commence on or
after the 1 September 1997.
Trade
Classification
|
% of Weekly Wage
|
Definition
|
Level 1
|
100%
|
Complete Apprenticeship and/or
|
|
|
holds relevant trade certificate or
|
|
|
equivalent.
|
Level 2
|
105%
|
120 hours of approved course/s and
|
|
|
is regularly required to use the
|
|
|
skills/knowledge acquired in such
|
|
|
courses.
|
Level 3
|
110%
|
240 hours of approved course/s and is
|
|
|
regularly required to use the
|
|
|
skills/knowledge acquired in such
|
|
|
courses.
|
Level 4
|
115%
|
360 hours of approved course/s and is
|
|
|
regularly required to use the
|
|
|
skills/knowledge acquired in such
|
|
|
courses.
|
Note: Approved courses in respect of skills/knowledge
no longer regularly required shall not be counted for progression purposes.
Approved Courses - are TAFE courses and any others that
the Employer approves. Ministry of Health Study Leave provisions apply. Courses
approved however must relate to the acquisition of new skills (performing
additional functions) and not simply the modernisation or updating of current
work practices or methods (performing the same functions better/differently -
for example, personal OH&S related courses, updated inventory or programmed
maintenance systems, new computer software etc).
Placement - The relevant Chief Executive Officer will
determine where each tradesperson should be placed within the classification
structure.
This must be done firstly by determining which
skills/knowledge, above classification level 1 skills, are regularly required
of the tradesperson and secondly, in relation to each of those, determining
whether the relevant approved course has been successfully completed or,
alternatively, in respect of tradespersons in employment as at 1 September
1997, determining whether the skills/knowledge possessed by the tradesperson is
equivalent to skills/knowledge acquired from successfully undertaking the
approved course.
Where the tradesperson in question is placed within a
classification in the structure greater than level 1, the employee is to be
paid the higher rate from the first full pay period to commence on or after
that date that the higher skill/knowledge was regularly required of the
tradesperson.
Progression - Progression to classification levels 2, 3
and 4 is to be on the basis of the tradesperson in question having successfully
undertaken at least 120 hours of additional approved course/s, and, being
required to regularly use the skills/knowledge acquired in such courses.
Approved courses in respect of skills/knowledge no longer regularly required
shall not be counted for progression purposes.
The employer will determine which and how many
employees are to be regularly required to use additional skills/knowledge for
which a higher classification level is to be paid.
Tradespersons at classification levels 2,3 and 4 are responsible
for maintaining the additional skills/knowledge to a standard equivalent to
that of having successfully undertaken a current approved course/s in order to
continue to be paid the higher classification level.
Equivalent Skills - For the purposes of progression
under the foregoing clause, the Chief Executive Officer may determine that the
skills/knowledge possessed by and regularly required of a tradesperson who was
in employment as at 1 September 1997, should be considered equivalent to skills/knowledge
acquired from successfully undertaking an approved course/s. Any such decision
requires that the tradesperson in question be credited with hours equivalent to
that of the relevant approved course/s.
No Double Counting - There will be no credit toward
progression to a higher classification level in relation to the performance of
any function for which payment of an allowance is already made, for example,
Thermostatic Mixing Valve Allowance and, any functions for which Additional
Wage Rates are paid, for example, to Plumbers, Electrical Tradespersons and
Welders.
Leading Hand Allowances - Leading hand allowances,
where applicable, will be paid in addition to the skills based increment of the
tradesperson in question.
Disputes - The Issue Resolution procedures should be
utilised if any disputes arise concerning implementation of this clause.
4. Hours and Contract
of Employment
(i) Employment
under this Award will be full-time, part-time or casual. Any employee not
specifically engaged as a casual employee shall be deemed to be employed by the
week.
(ii) Full-time
employees - Hours:
(a) "Day
Worker" means a worker who works his/her ordinary hours from Monday to
Friday inclusive and who commences work on such days at or after 6:00 am and at
or before 10:00 am otherwise than as part of a shift system.
"Shift Worker" means a worker who is not a
day worker as defined.
(b) Except as
provided elsewhere in this Award the ordinary working hours excluding meal
times shall be thirty-eight per week and shall be worked in accordance with the
following provisions for a four week cycle.
The ordinary hours of work for day workers shall be 8 hours per day
worked between 6:00 am and 6:00 pm Monday to Friday inclusive and arranged in a
four weekly cycle such that an employee shall be credited with 0.4 of one hour
for each day worked with such time accruing as an entitlement to take one day
off duty, on pay, in each four weekly cycle of twenty working days.
(c) Each day of paid
sick or recreational leave taken and any public holiday/s occurring during any
cycle of four weeks shall be regarded as a day worked for accrual purposes.
(d) An employee who
has not worked a complete four week cycle shall receive pro rata accrued
entitlements for each day worked (or each fraction of a day worked) or regarded
as having been worked in such cycle, payable for the allocated day off. Such payment shall also be made to an
employee on termination of employment.
(e) The accrued allocated
day off prescribed in paragraph (b) of this subclause shall be taken as a paid
day off unless the employee is required to work that day by the employer to
cover unforeseen or emergency circumstances which would impair the productivity
of other employees, delay the completion of a project or section thereof or
prevent other employees from carrying out maintenance work outside ordinary
working hours.
(f) Where an
employee has been absent on workers' compensation during a 20 day cycle and
returns to work prior to his/her next allocated day off duty, in normal
sequence, he/she shall be given and shall take such day as though he/she had
worked the whole of the 20 day cycle.
(g) Where an
employee is required to work on his/her accrued allocated day off, other than a
call back, he/she shall be paid at the rate of time and one-half for the time
worked in ordinary hours and at double time for all time worked outside the
ordinary hours on that day and the employer and employee shall confer with the
view of substituting another day off, in lieu thereof, in the current 20 day
cycle. Should it be impractical for
such a day to be substituted in the current 20 day cycle, it shall be given and
taken as soon as practicable after the commencement of the next 20 day cycle in
sequence.
(h) Where an
employee requests, and the employer agrees to a temporary change of the
allocated day off in the four weekly cycle, no penalty payments shall be
payable to an employee in respect of the change of the allocated day off. Similarly no penalty payments shall be
payable to the employee where he/she and the employer agree to change the
allocated day off, in the four weekly cycle, on a permanent basis.
(i) When an
employee's allocated day off duty, on pay; as prescribed by paragraph (b) of
this subclause, falls on a public holiday as prescribed by clause 22, Public
Holidays, and clause 23, Picnic Day, the next working day shall be taken in
lieu of the allocated day, unless an alternative day in that four weekly cycle
(or the next four weekly cycle) is agreed to between the employer and the
employee.
(j) The ordinary
hours of work of shift workers exclusive of meal times shall be 8 hours per
shift with 0.4 of one hour at ordinary rates for each shift worked accruing as
an entitlement to take one shift off duty, on pay, in each cycle of four weeks
such that 19 shifts of eight hours (152 hours in total) are worked in each
cycle.
(k) Each shift
worker shall be free from duty for not less than two full days in each week or
where this is not practicable, four full days in each period of two weeks and
where practicable such days shall be consecutive.
(l) Except at
regular changeover of shifts an employee shall not be required to work more
than one shift in each period of twenty-four hours.
(m) Shift rosters
shall specify the commencing and finishing times of the ordinary working hours
of the respective shifts.
(n) The method of
working shifts may be varied by agreement between the employer and the
accredited representative of the union to suit the circumstances of the
establishment or in the absence of agreement by seven days notice of alteration
given by the employer to the employee.
(o) Before shift
work is introduced into any hospital or section thereof, the proposals relating
thereto shall be conveyed to the Health Administration Corporation for its
approval and to afford it an opportunity to discuss such proposals with
representatives of the employer and the union or unions concerned.
(p) There shall be
allowed, without deduction of pay, a tea break of twenty minutes between 9:00
am and 11:00 am, or at such other time as may be mutually agreed upon, provided
however that employees shall not necessarily take it at the same time or in the
same location. Where practicable such tea break shall be taken at the nearest
facility to the workplace and at the convenience of the employer.
(iii) Part Time
Employment:
(a) A part-time
employee is one who is permanently appointed by the employer to work a
specified number of hours in a roster cycle. The specified hours must be less
than those prescribed for a full-time employee.
(b) Employees
engaged under this clause shall be paid an hourly rate calculated on the basis
of one thirty-eighth of the appropriate rate relevant to their classification
and shall be entitled to all other benefits not otherwise expressly provided
for herein in the same proportion as their ordinary hours of work bear to
full-time hours.
This includes pro rata of appropriate weekly allowances
and pro rata of appropriate daily allowances in the same proportion as actual
hours on a day bears to eight. A part-time employee shall not be entitled to an
additional day off or part thereof as prescribed by this Award and shall not be
entitled to Public Holidays where the employee would not have worked that day
pursuant to his/her usual roster.
(c) The minimum
number of hours per shift worked is four hours. The maximum ordinary hours
which may be worked within a 7 day period (coincidental with the pay period) is
thirty two. Days of work and starting and finishing times may be varied at any
time by agreement, or by the employer with notice having regard to the
employees circumstances.
(d) All time worked
by part-time employees in excess of eight hours on any shift, or beyond the
rostered finishing time of the majority of full-time employees employed on that
shift in the section concerned, shall be overtime and paid for at the rate of
time and one half for the first two hours and double time thereafter, except
that on Sunday such overtime shall be paid for at the rate of double time and
on public holidays at the rate of double time and one half.
Extensions to the time worked on any shift, up to and
including eight hours, or up to and including the rostered finishing time of
the majority of full-time employees employed on that shift in the section
concerned, whichever occurs first, 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.
(e) Part-time
employees shall have their pro-rata entitlements calculated by the average of
ordinary hours worked per annum. In this respect ordinary hours worked means
their contracted hours and any additional hours worked at ordinary rates of
pay. In other words, hours which include extensions to shifts referred to in
(d) above.
(iv) Termination of
Weekly Employment - One week's notice of termination of employment shall be
given by the hospital or the employee, respectively, but when the conduct of an
employee justifies instant dismissal such notice of termination of employment
shall not apply; provided that should an employee fail to give the prescribed
notice such employee shall be liable to the forfeiture of one week's wages. Where the services of an employee are
terminated without due notice he/she shall be paid one week's salary in lieu
thereof.
(v) Casual
Employment:
(a) A casual
employee shall mean a person engaged for a period of less than the hours
prescribed for full-time employees in clause 4, Hours and Contract of
Employment, but shall not include any person employed under an unemployment
relief scheme.
(b) A casual
employee shall be paid 15 per centum in addition to the rate calculated by
adding the weekly wage and tool allowance for the class of work which he/she
performs.
(c) A casual
employee who is requested to report for work shall be paid a minimum of 2 hours
pay for each start.
(vi) All employees:
(a) Except for meal
breaks, at the discretion of the employer, the ordinary hours of work shall be
worked continuously provided that no employee shall be required to work for
more than 5 hours without a meal break.
(b) Painters shall
be allowed five minutes before lunch and before the cessation of the day's work
or shift to clean and put away their brushes, tools, etc.
(vii) Locally
negotiated hours of work patterns which are in place as at 1 September 1997 are
preserved. Such work patterns are known to exist at Northern Sydney Area Health
Service (12 hour shifts), Central Sydney Area Health Service (12 hour shifts)
and Western Sydney Area Health Service (9 day fortnight). The preservation of
those work patterns includes the preservation of other conditions and
administrative arrangements altered/adopted locally to supplement and or
accommodate the existence of those work patterns.
4A. On Call
(i) The employer
shall advise all employees and the Union(s) of any proposal to introduce an on
call roster, including the proposed details of the roster.
(ii) An employee required
by his or her employer to be on call, otherwise than as provided in (iii)
hereof shall be paid the allowance as set out at Table 2 for each period of 24
hours or part thereof, provided that only one allowance shall be payable in any
period of 24 hours.
(iii) An employee
required to be on call on rostered days off shall be paid the allowance set out
at Table 2 for each period of 24 hours or part thereof, provided that only one
allowance shall be payable in any period of 24 hours.
(iv) On call rostering
arrangements shall be determined in consultation with affected employees and
having regard to the availability and training of employees placed on the on
call roster. Such arrangements should also have regard to particular local
geographical concerns and travelling distances involved.
(v) Wherever
possible the employer shall supply a mobile telephone and or pager to an
employee rostered on call.
(vi) Where provided
with a mobile telephone or pager a rostered employee must remain near the
mobile telephone which must remain switched on unless a pager has been
provided. Alternatively an employee not provided with a mobile telephone or
pager must remain available via their home telephone. A rostered employee shall
be available to answer calls personally and must not utilise an answering
machine.
(vii) An employee
rostered on call must contact the employer/hospital immediately it becomes
known that the employee shall be unavailable for rostered duty.
(viii) The employee
must be able to respond appropriately within a reasonable time frame as
determined by the employer.
(ix) Where
appropriate an employee rostered on call may be provided with a motor vehicle.
(x) The employer
shall ensure that all employees who participate in the after hours service are
provided with any training necessary tor respond effectively to calls received.
(xi) When an
employee is recalled to work, payment is in accordance with clause 5(v).
4B. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or responsibility
upon a labour hire business arising under the Workplace Health and Safety
Act 2011 or the Workplace Injury Management and Workers Compensation Act
1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
5. Overtime
(i) For all work
done outside ordinary hours, (inclusive of time worked for accrual purposes as
prescribed in clause 4, Hours and Contract of Employment and Clause 21, Shift
Work) the rates of pay shall be time and one half for the first two hours and
double time thereafter, such double time to continue until the completion of
the overtime work.
Except as provided in this subclause or subclause (ii)
of this clause, in computing overtime each day's work shall stand alone, except
where overtime is continuous from the previous day.
(ii) Rest period
after overtime - when overtime work is necessary it shall wherever reasonably
practicable be so arranged that employees have at least ten consecutive hours
off duty between the work of successive days.
An employee who works so much overtime between the
termination of his/her ordinary work on one day and the commencement of his/her
ordinary work on the next day that he/she has not had at least ten consecutive
hours off duty between these times shall, subject to this subclause, be
released after completion of such overtime until he/she has had ten consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
If on the instruction of his/her employer such an
employee resumes or continues work without having had such ten 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 shall then be entitled to be absent until
he/she has had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
The provisions of this subclause shall apply in the
case of shift workers as if eight hours were substituted for ten hours when
overtime is worked:
(a) For the purpose
of changing shift rosters; or
(b) Where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace the absent shift worker; or
(c) Where a rostered
shift is altered by arrangement between the employees themselves.
(iii) Overtime
worked on a Saturday or Sunday not being a public holiday shall be paid for as
follows:
(a) Saturday - time
and one half for the first two hours and double time thereafter with a minimum
payment of four hours except where such overtime is continuous with overtime
commenced on the previous day.
All overtime work after twelve noon on a Saturday shall
be paid for at double time.
(b) Sunday - double
time for all time worked with a minimum payment for four hours. Payment of
double time for overtime worked on a Sunday shall continue until the employee
is relieved from duty.
(iv) Overtime worked
on Public Holidays:
(a) Overtime worked
on a public holiday as prescribed by clause 22, Public Holidays, shall be paid
at the rate of double time and one half for all time worked with a minimum
payment of four hours at such rate.
(b) Overtime worked
on a public holiday and which continues beyond twelve midnight into the next day
not being a public holiday shall be paid for at the same rate for a public
holiday until such time as the employee is relieved from duty.
(v) Call back:
(a) An employee
recalled to work after leaving the premises (including the allocated day off,
on pay) shall be paid for a minimum of four hours work at the appropriate rate
for each time he/she is so recalled; provided that, except in unforeseen
circumstances arising, the employee shall not be required to work the full
minimum number of hours prescribed above if the work he/she was recalled to
perform is completed within a shorter period.
(b) An employee
recalled to work overtime as prescribed by paragraph (a) of this subclause
shall be paid all fares and expenses reasonable incurred in travelling to and
from his/her place of work.
Provided further that where an employee elects to use
his/her own mode of transport, the employee shall be paid a Transport Allowance
as provided by Determination made under the Health Services Act 1997, as
varied from time to time. .
(c) The provisions
of this subclause shall apply in the case of employees on call back as if eight
hours were substituted for ten hours in subclause (ii) of this clause, unless
such call back occurs after an employee has worked continuing overtime from the
normal shift immediately preceding the call back.
(vi) Temporary night
work - Wherever it may be necessary for a "day worker" to work
temporary night work in the course of alteration or renovations of a building.
(a) No employee who
is employed during ordinary hours shall be employed on temporary night work
except at overtime rates or vice versa.
(b) A meal break of
not less than 20 minutes shall be allowed during such shift.
(c) An employee
employed for less than five continuous shifts (inclusive of the allocated day
off, on pay, as prescribed in clause 4, Hours and Contract of Employment) in
any working week shall be paid at the rate of double time and one half for all
time worked with a minimum payment of four hours at such rate.
(d) The rate of pay
for temporary night work shall be time and one half.
(e) Start and
finishing times for temporary night work shall be agreed upon mutually between
the employer and the employees concerned.
(vii) Meal hours -
Work done during meal hours and thereafter until a meal hour break is allowed
shall be paid for at double time rates.
An employee shall not be compelled to work for more than five hours
without a break for a meal.
(viii) Meal money - An
employee required to work overtime in excess of one and one half hours after
working ordinary hours shall be paid by his/her employer an amount set out at
Table 3 to meet the cost of a meal. During the term of this Award, expense
related allowances will be adjusted in accordance with movements in the expense
related allowances in the Crown Employees Wages Staff (Rates of Pay) Award.
After the completion of each four hours on continuous
overtime shall be paid an amount set out at Table 3 for each subsequent meal in
addition to his/her overtime payment, but such payment need not be made to
employees living in the same locality as their places of work who can
reasonably return home for meals.
(ix) Transport of
employees - When an employee after having worked overtime or a shift for which
he/she has not been regularly rostered finishes work at a time when reasonable
means of transport are not available the employer shall provide him with a
conveyance to his/her home, or pay him his/her current wage for the time reasonably
occupied in reaching his/her home (provided that this subclause shall not apply
to an employee who uses his/her own vehicle to travel to and from his/her place
of work).
(x) Reasonable
overtime:
(a) Subject to
paragraph (b) below, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
(b) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours, which are unreasonable.
(c) For the purposes
of paragraph (b) what is unreasonable or otherwise will be determined having
regard to:
(i) any risk to
employee health and safety;
(ii) the employee’s
personal circumstances including any family and carer responsibilities;
(iii) 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.
(xi) Cribs:
(a) An employee who
is required to work overtime for one and one half hours or more after the
normal creasing time inclusive of time worked for accrual purposes as
prescribed in clause 4, Hours and Contract of Employment, and Clause 21, Shift
Work, shall be allowed, at the expiration of the said one and one half hours,
30 minutes for a meal or crib and thereafter a similar time allowance after
every four hours of overtime worked.
Time for meals or crib through overtime periods shall be allowed without
loss of pay, provided that overtime work continues after such break.
(b) When overtime is
worked on a Saturday, if work continues after 12 noon, a break for a meal of 30
minutes shall be allowed between 12 noon and 1 pm which meal break shall be
taken without loss of pay.
6. Wages
(i) The weekly
wages of full-time employees shall be as set out in Table 1.
(ii) The weekly
wages referred to in subclause (i) and (iv) of this clause are inclusive of the
Industry Allowance, paid in consideration for:
(a) working in the
open and there being subjected to climatic conditions, i.e., dust blowing in
the wind, brick dust, drippings from concrete, etc.;
(b) sloppy
conditions;
(c) lack of usual
amenities associated with factory work e.g., meal rooms, change rooms, lockers,
etc.
(iii) The weekly
wages referred to in subclause (i) and (iv) of this clause are inclusive of the
Hospital Trades Staff Allowance, paid in recognition of the responsibility,
specialised skills, flexibility and discretion exercised by such tradespersons
and the environment in which they work.
(iv) The weekly
wages and allowances for Apprentices shall be as set out in Table 4. The
conditions of employment within this Award which specifically refer to
Apprentices will be applied to Apprentices.
6A. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed in Clause 6. Wages, 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 Clause 6 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 6B.
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 wages 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 (vi) above, the employer will
continue to base contributions to that fund on the salary payable under Clause
6 of the 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.
6B. 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 the
NSW Health Services Salary Packaging Policy and Procedure Manual, as amended
from time to time. Such election must be made prior to the commencement of the
period of service to which the earnings relate. Where an employee also elects
to salary sacrifice to superannuation under this award, the combined amount of
salary packaging/sacrificing 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 4 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 6.
Wages, 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 Local Health Districts 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 the Salary
Packaging Policy and Procedure Manual.
(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 NSW Health
Services Salary Packaging Policy and Procedure Manual as amended from time to
time.
7. Additional Wage
Rates
(i) Electrician -
An electrician who is the holder of a Qualified Supervisors Certificate or
Contractors licence shall be paid an amount per week set out at Grade A of Table
2. An electrician who is the holder of a Certificate of Registration shall be
paid an amount per week set out at Grade B of Table 2.
(ii) Lead Burner -
The ordinary rates for lead burners shall be calculated by adding to the rate
prescribed for journeymen plumbers in this Award the sum per hour set out at
Table 2.
(iii) Plumber - The
ordinary rates for plumbers are increased by the weekly amounts (or pro rata
hourly for Part-time/Casual) set out in Table 2 for all purposes for acting on
various licences or combinations thereof as set out:
(a) when required to
act on plumber's licence;
(b) when required to
act on gasfitter's licence;
(c) when required to
act on drainer's licence;
(d) when required to
act on plumber's and gasfitter's licence;
(e) when required to
act on plumber's and drainer's licence;
(f) when required
to act on gasfitter's and drainer's licence;
(g) when required to
act on plumber's, gasfitter's and drainer's licence.
A plumber who may be required by his/her employer to
act on his/her licence or licences during the course of his/her employment
shall be paid at the rate per hour mentioned in this Award for every hour of
his/her employment whether he/she had in any hour in fact acted on such licence
or not.
Gasfitting licence shall be deemed to include coal gas,
natural gas, liquid petroleum gas or any other gas where it is required by any
State Act of Parliament or regulation that the holder of a licence be
responsible for the installation of any such service or services.
(iv) A plumber
and/or gasfitter and/or drainer who is or will be required to be the holder of
a Certificate of Registration shall be paid the amount per hour set out at
Table 2 in addition to his/her ordinary rate of pay. This allowance shall be paid for all purposes of the Award with
the exception of clause 21, Shift Work, and clause 5, Overtime, in which cases
it shall be paid as a flat rate and not be subject to penalty addition.
(v) Electric Welding
- An employee being the holder of a Department of Industrial Relations
oxy-acetylene or electric welding certificate who may be required by his/her
employer to act on either of his/her certificates during the course of his/her
employment shall be entitled to be paid for every hour of his/her employment on
work the nature of which is such that it is done by or under the supervision of
the holder of a certificate or while not performing but supervising such work
the sum per hour set out at Table 2 with a minimum payment of one hour per day
for each certificate in addition to the rates of a journeyman plumber in this
Award.
(vi) Computing
Quantities - Employees who are regularly required to compute or estimate
quantities of materials in respect to the work performed shall be paid an
additional amount per day or part thereof set out at Table 2.
(vii) An employee
being the possessor of a boiler attendant's certificate who is required to
supervise or operate a boiler shall for each week he/she is so required to be
paid in addition to the rates prescribed an amount set out at Table 2.
(viii) BMC Operators:
(a) Tradespersons
employed on rotational shiftwork in building maintenance centres attending
computerised systems monitoring the status and functions of plant and equipment
connected thereto and attending to alarms recorded thereon shall be paid an
allowance per week as set out at Table 2 above the Award margin prescribed for
their respective trade classifications.
Such allowance shall be paid for all purposes of the Award and subject
to wage indexation increases.
(b) In addition to
the foregoing such tradesperson/s shall also be paid the tool allowance
prescribed for their respective trade classification under this Award.
(c) Tradespersons
attending the computerised system shall hold their work station for a period of
one quarter of an hour at shift change over to acquaint the oncoming shift with
the status of the plant and equipment or maintenance work in hand. Such time shall be counted as time worked
and paid for at overtime rates.
(ix) Motor mechanics
who are required to inspect and issue certificates of inspection in respect of
the road worthiness of motor vehicles shall be paid an amount set out at Table
2 for each vehicle inspected plus an amount per day set out at Table 2 whilst
actually at work.
(x) In addition to
the ordinary rate paid to an Electrical Tradesperson (Electrical
Fitter/Mechanic and Refrigeration and/or Air Conditioning Mechanic or Fitter),
the following types of Electrical Tradespersons (see Definitions) shall be paid
the weekly amounts (or pro rata hourly for Part-time/Casual) set out at Table 2
for all purposes:
Electrical Fitter & Assistant to Chief Engineer -
Sydney Hospital;
Electrical Fitter & Assistant to Chief Engineer -
Other Hospitals;
Electrician in Charge of Generating Plant less than 75
Kilowatts;
Electrician in Charge of Generating Plant 75 Kilowatts
or more;
Plant Electrician.
(xi) In addition to the
ordinary rate paid to a Welder 1st Class, a Welder Special Class as defined
shall be paid the weekly amount (or pro rata hourly for Part-time/Casual) set
out at Table 2 for all purposes.
8. Tool Allowances
Employees shall be paid tool allowances for all
purposes as for Table 1, except Electrical Trades classifications (Electrical
Tradesperson and Electrical Instrument Fitter), who shall be paid tool
allowances for all purposes as for Table 2. During the term of this Award,
expense related allowances will be adjusted in accordance with movements in the
expense related allowances in the Crown Employees Wages Staff (Rates of Pay)
Award.
9. Leading Hands
(i) Leading Hand
Electrician:
(a) For the purposes
of this subclause, Leading Hand means any electrical worker (not being a
Foreman) who is placed in charge of work on which 4 or more employees or 2 or
more electrical mechanics or fitters in addition to him/herself are
engaged. Any worker who receives orders
from an officer, and is placed in charge as herein set out in the absence of
such officer, shall be deemed to be a leading hand whilst so placed in charge
of the work carrying out such orders.
(b) A leading hand
electrician as defined herein shall be paid an additional amount per week set
out at Table 2.
(ii) Leading Hand,
other than Electrician:
(a) An employee
appointed to be in charge of up to and including 5 employees shall be paid an
amount per week extra as set out at Table 2.
(b) An employee
appointed to be in charge of more than 5 and up to and including 10 employees
shall be paid an amount per week extra as set out at Table 2.
(c) An employee
appointed to be in charge of 11 or more employees shall be paid an amount per
week extra as set out at Table 2.
10. Special Rates
In addition to the wages, additional wage rates and
allowances of this Award, the following special rates and allowances shall be
paid to employees:
(i) Cold Places -
Employees working in places where the temperature is reduced by artificial
means below 0 degrees Celsius shall be paid an amount per hour extra as set out
at Table 2. Where the work continues
for more than two hours, employees shall be entitled to a rest period of twenty
minutes every two hours without loss of pay.
(ii) Confined Spaces
- Employees working in a place the dimensions or nature of which necessitate
working in a stooped or cramped position or without sufficient ventilation
shall be paid an amount per hour extra as set out at Table 2.
(iii) Dirty Work -
Work which a supervisor and employee agree is of a dirty or offensive nature by
comparison with the work normally encountered in the trade concerned and for
which no other special rates are prescribed shall be an amount per hour extra
as set out at Table 2.
(iv) Height Money -
Employees working at a height of 7.5 metres from the ground, deck, floor or
water shall be paid an amount per hour extra as set out at Table 2 and the same
amount again extra for every additional 3 metres. Height shall be calculated from where it is necessary for the
employee to place his/her hands or tools in order to carry out the work to such
ground, floor, deck or water. For the
purpose of this subclause deck or floor means a substantial structure which,
even though temporary, is sufficient to protect an employee from falling any
further distance. Water level means in
tidal waters mean water level. This
subclause shall not apply to employees working on a suitable scaffold erected
in accordance with the Occupational Health and Safety Act 2000.
(v) Hot Places -
Employees working in the shade in places where the temperature is raised by
artificial means to between 46 degrees Celsius and 54 degrees Celsius shall be
paid an amount per hour extra as set out at Table 2; in places where the
temperature exceeds 54 degrees Celsius, such employees shall be paid an
additional amount per hour as set out at Table 2. Where work continues for more
than two hours in temperatures exceeding 54 degrees Celsius, employees shall
also be entitled to twenty minutes' rest after every two hours work, without
deduction of pay. The temperature shall
be decided by the foreman of the work after consultation with the employees who
claim the extra rate.
(vi)
(a) Insulation
Material - An employee who is called upon to handle charcoal, pumice,
granulated cork, silicate of cotton, insulwool, slagwool, fibreglass or mineral
wool or other recognised insulating material of a like nature or an employee in
the vicinity of such work shall be paid an amount per hour extra as set out at
Table 2 or part thereof whilst so engaged.
(b) Asbestos - An
employee required to work with any materials containing asbestos or to work in
close proximity to employees using such materials shall be provided with and
shall use all necessary safeguards as required by the appropriate occupational
health authority and where such safeguards include the mandatory wearing of
protective equipment such employees shall be paid an amount per hour extra as
set out at Table 2 whilst so engaged.
(vii) Smoke-boxes, etc.
- Employees working on repairs to smoke-boxes, furnace or flues of boilers
shall be paid an amount per hour extra as set out at Table 2; provided that an
employee engaged on repairs to oil fired boilers, including the casings,
uptakes and funnels, or flues and smoke stacks, shall, while working inside
such boiler, be paid an amount per hour extra as set out at Table 2.
(viii) Wet Places:
(a)
(1) An employee
working in a place where water other than rain is falling so that his/her
clothing shall be appreciably wet and/or water, oil or mud underfoot is
sufficient to saturate his/her boots shall be paid an amount per hour extra as
set out at Table 2; provided that his/her extra rate shall not be payable in
respect to an employee who is provided with suitable and effective protective
clothing and/or footwear. An employee
who becomes entitled to this extra rate shall be paid such rate for such part
of the day or shift as he/she is required to work in wet clothing or boots.
(2) Where an
employee is required to work in the rain he/she shall be paid an amount per
hour extra as set out at Table 2 for the time so worked.
(b) An employee
called upon to work knee-deep in mud or water, shall be paid an amount per day
extra as set out at Table 2 in addition to ordinary rates of pay prescribed for
each day or portion thereof so worked; provided that this subclause shall not
apply to an employee who is provided with suitable protective clothing and/or
footwear.
(ix) Acid Furnaces,
Stills, etc:
(a) A bricklayer required
to work on the construction or repairs to acid furnaces, acid stills, acid
towers and all other acid resisting brickwork, shall be paid an amount per hour
extra as set out at Table 2. This additional rate shall be regarded as part of
the wage rate for all purposes of the Award.
(b) An employee
engaged on the construction or alteration or repairs to boilers, flues,
furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be
paid an amount per hour extra as set out at Table 2. This additional rate shall
be regarded as part of the wage rate for all purposes.
(x) Depth Money - An
employee engaged in tunnels, cylinders, caissons, coffer dams and sewer work
and in underground shafts exceeding 3 metres in depth shall be paid an amount
per hour extra as set out at Table 2.
(xi) Swing
Scaffolds:
(a) An employee
other than a plasterer, working in a bosun's chair or on a swing scaffold shall
be paid an amount as set out at Table 2 for the first four hours whilst so
engaged thence an amount per hour as set out at Table 2.
(b) Plasterers
working in a bosun's chair or on a swing scaffold shall be paid an amount per
hour extra as set out at Table 2 more than that rate applicable to other
employees, in paragraph (a) above.
(c) An employee
shall not raise or lower a bosun's chair or swing scaffold alone and an
employer shall not require an employee to raise or lower a bosun's chair or
swing scaffold alone.
(xii) Spray
Application - An employee engaged on all spray applications carried out in other
than a properly constructed booth, approved by the Department of Industrial
Relations shall be paid an amount per hour extra as set out at Table 2.
(xiii) Working
Secondhand Timber - Where, whilst working secondhand timber, a Carpenter's
tools are damaged by nails, dumps or other foreign matter in the timber he/she
shall be entitled to an allowance per day extra as set out at Table 2 on each
day upon which his/her tools are so damaged; provided that no allowance shall
be so payable under this clause unless it is reported immediately to the
employer's representative on the job in order that he/she can prove his/her
claim.
(xiv) Roof Work -
Employees engaged in the fixing or repairing of a roof or any other work in
excess of 12 metres from the nearest floor level shall be paid an amount per
hour extra as set out at Table 2 with a
minimum payment of one hour.
(xv) Explosive
Powered Tools - Employees required to use explosive powered tools shall be paid
an amount per day extra as set out at Table 2.
(xvi) Morgues - An
employee required to work in a morgue shall be paid an amount per hour extra as
set out at Table 2 whilst so employed.
(xvii) Toxic and
Obnoxious Substances:
(a) An employee
engaged in either the preparation and/or the application of toxic or epoxy
based materials or material of a like nature shall be paid an amount per hour
extra as set out at Table 2.
(b) In addition,
employees applying such material in buildings which are normally
air-conditioned shall be paid an amount per hour extra as set out at Table 2
for any time worked when the air conditioning plant is not operating.
(c) Where there is
an absence of adequate natural ventilation, the employer shall provide ventilation
by artificial means and/or supply an approved type of respirator and in
addition protective clothing shall be supplied where recommended by the
Ministry of Health, New South Wales.
(d) Employees
working in close proximity to employees so engaged shall be paid an amount per
hour extra as set out at Table 2.
(e) For the purpose
of this clause, all materials which are toxic or which include, or require the
addition of a catalyst hardener and reactive additives or two pack catalyst
system shall be deemed to be materials of a like nature.
(xviii) Employees
working in areas accommodating psychiatric patients shall be paid an amount per
hour extra as set out at Table 2 whilst so engaged.
(xix) Animal House -
An employee required to work in an animal house shall be paid an amount per
hour extra as set out at Table 2 whilst so employed.
(xx) Rates not
subject to Penalty Provisions - The special rates herein prescribed shall be
paid irrespective of the times at which the work is performed, and shall not be
subject to any premium or penalty conditions.
(xxi) Asbestos
Eradication - Application: This
subclause shall apply to employees engaged in the process of asbestos
eradication on the performance of work within the scope of this Award.
Definition: Asbestos eradication is defined as work on or about building,
involving the removal or any other method of neutralisation of any materials
which consist of, or contain asbestos.
Control: All
aspects of asbestos eradication work shall be conducted in accordance with the
Occupational Health and Safety Act 2000 and the Occupational Health and Safety
Regulation 2001.
Rate of Pay: In
addition to the rates prescribed in this Award an employee engaged in asbestos
eradication (as defined) shall receive an amount per hour extra as set out at
Table 2 in lieu of special rates as prescribed in clause 10, Special Rates,
with the exception of subclauses (i) Cold Places; (v) Hot Places; (xi) Swing
Scaffold; (xii) Spray Application; and (xiii) Working Secondhand Timber.
Other Conditions:
The conditions of employment rates and allowances, except so far as they
are otherwise specified in this Clause shall be the conditions of employment,
rates and allowances of the Award as varied from time to time.
(xxii) Extra Rate not
Cumulative - When more than one of the above rates provide payment for
disabilities of substantially the same nature then only the highest of such
rates shall be payable.
(xxiii)
(a) Tradespersons
who are employed to work in psychiatric hospitals (i.e., formerly 5th Schedule
Hospitals) shall be paid an amount per hour extra as set out at Table 2.
Provided that the allowance prescribed by this
paragraph shall not be taken into consideration in the calculation of overtime
or other penalty rates. Provided
further that the allowance shall not be paid for work carried out in such areas
as may be agreed upon between the respondent unions and the Director-General,
NSW Ministry of Health.
(b) Geriatric
Hospitals - Employees working or required to work in Allandale and Garrawarra
hospitals shall be paid an amount per hour extra as set out at Table 2.
Employees working or required to work in Lidcombe Hospital shall be paid an
amount per hour extra as set out at Table 2.
Provided that the allowance prescribed by this
paragraph shall not be taken into consideration in the calculation of overtime
or other penalty rates.
11. Thermostatic
Mixing Valve
An allowance per week as set out at Table 2 shall be
paid to licensed plumbers who hold a Thermostatic Mixing Valve Certificate from
a College of Technical and Further Education and who are required to service
thermostatic mixing valves.
12. Chokages
Subject to clause 10, Special Rates, if an employee is
employed upon any chokage and is required to open up any soil pipe, waste pipe,
drain pipe or pump conveying offensive material or a scupper containing sewage
or if he/she is required to work in a septic tank in operation he/she shall be
paid an amount as set out at Table 2 per day or part thereof.
13. Fouled Equipment
An employee who in working on any equipment containing
body fluids or body waste encounters such matter shall be paid an amount set
out at Table 2 per day or part thereof:
Provided that this allowance shall not apply in circumstances where the
allowance prescribed in clause 12, Chokages, would otherwise be payable.
14. Excess Fares and
Travelling Time
(i) An employee who
on any day or from day to day is required to work at a job away from his/her
accustomed place of work shall, at the direction of his/her employer present
him/herself for work at such job at the usual starting time and shall be paid
an amount set out at Table 3 for each such day. During the term of this Award, expense related allowances will be
adjusted in accordance with movements in the expense related allowances in the
Crown Employees Wages Staff (Rates of Pay) Award. Where the travelling time and
fares are in excess of those normally incurred in travelling to his/her
accustomed place of work the employee shall also be paid that amount of such
excess which exceeds that above amount.
(ii) An employee
who, with the approval of the employer, uses his/her own means of transport for
travelling to or from outside jobs, shall be paid a Transport Allowance as
provided by Determination made under the Health Services Act 1997, as
varied from time to time. .
(iii) Where the
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. Such discussions should
include consideration of the impact of the change on affected employees.
The employer shall give the employee one calendar
month's notice of the requirement to report to a new accustomed place of work.
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.
Where a change to the accustomed place of work would
impose unreasonable hardship on the employee, the employer may agree to apply
the entitlements of PD2007_085, as amended or superseded from time to time,
provided that such amendments or successors will not have force under this
Award if they have the effect of providing a set of entitlements on this
subject which are overall less beneficial than any relevant ‘test case’
decision as defined.
Do not have the effect of providing a set of
entitlements which are overall less beneficial than any relevant ‘test case’
decision as defined.
If there is disagreement about such decision after such
discussion or if a significant number of employees are involved, the matter may
be referred to the Ministry of
Health, Workplace Relations Branch,
and/or, the Industrial Relations Commission consistent with the Issues
Resolution Procedure.
(iv) Some Provisions
of Former Enterprise Agreements Preserved. The provisions of clauses 16 and 17
of the former Central Sydney Area Health Service Skilled Trades Wages Agreement
1994 and clause 20 of the former Southern Sydney Area Health Service
Engineering & Maintenance Services Enterprise Agreement 1994 are preserved
as if those clauses continue to apply to those Area Health Services (and
successors) under this Award.
15. Payment and
Particulars of Wages
(i) Wages shall be
paid weekly or fortnightly; provided that, for the purpose of adjustments of
wages, from time to time effective, the pay period shall be deemed to be
weekly. On each pay day the pay shall
be made up to a day not more than three days prior to the day of payment.
(ii) Wages shall be
paid into a nominated bank or other accounts, except in isolated areas where
payment will be made by cheque to a given address.
(iii) Notwithstanding
the provision of subclause (ii) of this clause, an employee who has been given
one week's notice of termination of employment, in accordance with clause 4,
Contract of Employment and Hours, shall be paid all moneys due to him/her prior
to ceasing duty on the last day of employment.
Where an employee is dismissed or his/her services are terminated
without due notice, in accordance with the said clause, any moneys due to him/her
shall be paid as soon as possible after such dismissal or termination but in
any case not more than 48 hours 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 number of hours of overtime worked, if
any, the amount of any overtime payment, the amount of any other moneys paid,
and the purpose of which they are paid and the amount of the deductions made
from total earnings and the nature thereof.
(v) Where
retrospective adjustments of wages are paid to employees, such payments where
practical shall be paid as a separate payment to ordinary wages with a separate
statement containing particulars as set out in subclause (iv) of this clause.
16. Higher Duties
Allowance
(i) Where a Leading
Hand is on his/her allocated day/s off, on pay, and another employee relieves
in the position for that day only, no higher duty allowance shall be paid.
(ii) Except as
provided for in subclause (i) of this clause an employee engaged for more than
two hours on any day or shift on duties carrying a higher rate than his/her
ordinary classification or entitling him/her to a leading hand allowance shall
be paid the higher rate or allowance as the case may be for such day or
shift. Where the period of relief, on
any day, is for two hours or less the employee acting in the higher
classification shall only be paid the higher duty allowance for the time so worked.
(iii) Except as
provided for in subclause (i) of this clause where an employee is required to
act as a leading hand at the commencement of a day or shift he/she shall be
paid the appropriate allowance for the whole of such day or shift.
17. Accumulation of
Additional Days Off
Full-time employees may accumulate up to five ADOs (as
measured at any one point in time), subject to the mutual agreement of the
employee and local management. The limit on the accumulation right means that
any employee who has already accumulated five ADOs must take the sixth ADO
accruing to him/her as and when it falls due in accordance with roster.
Any ADOs accumulated but not taken as at the date of
termination, shall be paid out at ordinary rates as part of the usual
termination entitlement.
The parties recognise that accrual of ADOs may not be
possible in all settings and circumstances.
Records of all time accrued owing to and taken by
employees must be maintained by management.
18. Special
Conditions
(i) Employees
engaged in installing brine or ammonia pipes or repairs to same or who work on
other destructive materials, who have their clothing or boots destroyed or
damaged, shall be reimbursed the amount of damage sustained.
(ii) All rope and
gear shall be of sound material, used or stored in such a way that it does not
come in contact with sharp edges, acid or acid fumes. At all times, the regulation under the Workplace Health and
Safety Act 2011 shall be complied with.
(iii) Each employee
working in battery rooms or like places where acids or caustic soda are stored
or used, shall be provided with gloves, overalls and rubber boots to be
periodically disinfected in accordance with the requirements of the Ministry of
Health for disinfecting clothing while in use.
(iv) The employer
shall provide to each employee a suitable gas mask at the place of work when
the employee is required to work on a live gas service.
(v) X-ray - An
employee working in an infectious area shall be X-rayed at the employer's
expense and in the employer's time after each six months or at the termination
of his/her employment, whichever is the sooner.
(vi) Sufficient,
suitable and serviceable ear muffs and face masks shall be made available for
the use of employees required to work in areas where noise levels are excessive
and in proximity to dust or fumes.
Suitable protective garb shall also be made available for employees
required to work in proximity to dust or fumes. Suitable protective garb shall also be made available for employees
required to work in proximity to radioactive material.
(vii) No employee
shall be required to use a paint brush exceeding five inches in width or eight
ounces in weight (or their metric equivalents) or a kalsomine brush exceeding
eight inches (or its metric equivalent) in width.
(viii) An employee
shall not be required to use a roller in excess of twelve inches in width on
the painting of ceilings or walls.
19. First-Aid
Equipment
The employer shall provide and continuously maintain at
a place or places reasonably accessible to all employees an efficient first-aid
outfit including a stretcher.
20. Amenities
The provisions contained in the "Accommodation and
Amenities" Clause of the Health Employees Conditions of Employment (State)
Award shall apply to employees covered by this Award.
21. Shift Work
(i) Definitions -
for the purpose of this clause:
"Afternoon Shift" means any shift finishing
after 6 pm and at or before midnight.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8 am.
"Rostered Shift" means a shift of which the
employee concerned has had at least forty-eight hours' notice.
(ii) Shift workers
whilst on afternoon or night shifts shall be paid 15 per centum more than the
ordinary rate for such shifts. Shift
workers who work on any afternoon or night shift which does not continue for at
least five successive afternoons or nights (including the allocated day off on
pay) shall be paid at the rate of time and one-half for the first three hours
and double time thereafter.
(iii) Saturdays -
The minimum rate to be paid to any shift worker for work performed between
midnight on Friday and midnight on Saturday shall be time and a half. Such extra rates shall be in substitution
for and not cumulative upon the shift premium prescribed in subclause (ii) of
this clause.
(iv) Sundays and
Holidays:
(a) Shift workers
whose ordinary working hours include work on a Sunday shall be paid at the rate
of double time.
(b) Shift workers whose
ordinary working hours include work on any of the public holidays referred to
in clause 22, Public Holidays, shall be paid at the rate of double time and
one-half.
(c) Where shifts
commence between 11 pm and midnight on a Sunday or a holiday the time so worked
before midnight shall not entitle the employee to the Sunday or holiday rate;
provided that the time worked by an employee on a shift commencing before
midnight on the day preceding a Sunday or holiday and extending into a Sunday
or holiday shall be regarded as time worked on such Sunday or holiday.
Where shifts fall partly on a holiday that shift the
major portion of which falls on a holiday shall be regarded as the holiday
shift.
(d) The rates
prescribed in paragraphs (a) and (b) of this subclause shall be in substitution
for and not cumulative upon the shift premium prescribed in subclause (ii) of
this clause.
22. Public Holidays
(i)
(a) Public holidays
shall be allowed to employees on full pay.
Where an employee is required to and does work on any of the holidays
set out in this subclause, 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, such payment
to be in lieu of weekend or shift allowances which would otherwise be payable
had the day not been a public holiday:
Provided that, if the employee so elects, he/she 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.
(b) 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, Anzac Day, Queen's Birthday, local Labour Day,
Christmas Day and Boxing Day.
(c) Day workers are
to be paid one days pay in addition to the weekly rate for each public holiday,
other than Easter Saturday, falling on non-working Saturdays.
(d) Shift workers
rostered off duty (other than on their allocated day off duty on pay) on a
public holiday shall:
(1) be paid one
day's pay in addition to the weekly rate; or if the employee so elects;
(2) have one day
added to his/her period of annual leave.
(e) The election
referred to in paragraphs (a) and (d) of this subclause is to be made in
writing by the employee at the commencement of each year of employment and is
irrevocable during the currency of that year of employment.
(ii) Transfer of
Additional or Local Public Holiday - In addition to those public holidays
specified in paragraph (b) of subclause (i) of this clause, employees shall be
entitled to one extra public holiday each year. Such public holiday is to taken
in the Christmas/New Year period or other suitable period, on a date determined
by the employer, or on another date where agreed by the parties. Such public
holiday shall substitute for any day or half day duly proclaimed and observed
as a public holiday within the area in which the employer is situated.
23. Picnic Day
(i) The first Monday
in December of each year shall be the Union's Picnic Day.
(ii) All employees
shall as far as practical be given and shall take this day as the Picnic Day
and shall be paid therefore as for 7.6 hours work at the rate of pay prescribed
in clause 6, Wages, with 0.4 of a hour accruing for the allocated day off, on
pay. Any employee required to work on
Picnic Day shall be paid at the rate of double time and one-half for all time
worked on such day with a minimum payment for four hours work. Provided that an employee who is required to
work on Picnic Day and fails to comply with such requirement shall not be
entitled to payment for the day.
(iii) An employer
may require from an employee evidence of his/her attendance at the picnic and
the production of the butt of a picnic ticket issued for the picnic shall be
sufficient evidence of such attendance.
Where such evidence is requested by the employer, payment need not be
made unless the evidence is produced.
24. Special Tools,
Clothing and Sharpening Tools
(i) The employer
shall provide at the place of work a suitable sand grindstone or a carborundum
stone for the use of tradespersons.
(ii) Where such a
grindstone or carborundum stone is not driven by mechanical power, the employer
shall provide assistance in turning the grindstone or carborundum stone.
(iii) Saw
sharpening and tool grinding may be done by the employee during the progress of
the work.
(iv) Where
paragraphs (i) and (ii) of this clause are not observed by the employer, the
employer shall pay for or provide for grinding of the tools.
(v) The employer
shall provide the following tools and protective clothing when they are
required for the work to be performed by the employees:
(a) Bricklayers -
Scutch combs: hammers (excepting mash and brick hammers); rubber mallets and T
squares.
(b) Carpenters -
Dogs and cramps of all descriptions; bars of all descriptions over 61 cm long;
augers of all sizes; star bits and bits not ordinarily used in a brace,
including dowelling bits; hammers (except claw hammers and tack hammers); glue
pots and glue brushes; dowel plates; trammels, hand thumb screws and soldering
irons.
(c) Plasterers shall
be provided with overalls when required to brush on to walls and ceilings
bondcrete, plasterweld, or similar substances.
The approved grass brush to perform the work prescribed in this
subclause shall be provided by the employer.
(d) Plumber - Metal
pots; mandrills; long dummies; stock and dies for iron, copper and brass
pipes'; cutters; tongs; vices; taps and drills; ratchets; files; cramps,
caulking tools; hacksaw and blades; welding and brazing outfits, goggles where
necessary and liquid petroleum gas equipment where necessary and all shop
tools, the usual kit bag of tools only to be supplied by the employee.
(e) Electricians -
An employer shall provide for the use of tradespersons a hacksaw and blades;
all power tools; special purpose tools; precision measuring instruments and
electrical measuring and/or testing instruments where the use of such equipment
is reasonable and necessary.
(f) Painters and
Signwriters to be supplied with all brushes.
(g) All power tools
shall be provided where in the opinion of the employer they are necessary.
(vi)
(a) Clause 24 (vi)
shall not apply to employees of the Ambulance Service.
(b) Sufficient,
suitable and serviceable protective attire shall be supplied, free of cost to
each employee required to wear it, provided that any employee to whom new
attire or a part thereof has been supplied by the hospital who, without good reason
fails to return the corresponding article last supplied, shall not be entitled
to have such article replaced without payment therefore at a reasonable price
in the absence of a satisfactory reason for the loss of such article or failure
to produce such attire or part thereof.
(c) 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 by that employee immediately
prior to leaving.
(vii)
(a) Clause 24 (vii)
shall not apply to employees of the Ambulance Service.
(b) Sufficient,
suitable and serviceable overalls or alternative garments, as may be agreed to
between tradespersons and the employer, in lieu of overalls, shall be laundered
by the employer.
(c) If the overalls
or alternative garments of the employee cannot be laundered by or at the
expense of the employer, an allowance as set out at Table 3 per week shall be
paid to such employee. During the term of this Award, expense related
allowances will be adjusted in accordance with movements in the expense related
allowances in the Crown Employees Wages Staff (Rates of Pay) Award.
(d) Any employee to
whom overalls or alternative garments have been supplied by the employer, who,
without good reason fails to return the corresponding article last supplied,
shall not be entitled to have such article replaced without payment therefore
at a reasonable price in the absence of a satisfactory reason for the loss of
such article or failure to produce such attire or part thereof.
(e) 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 by that employee immediately
prior to leaving.
(viii) Ambulance
Service Uniform and Protective Clothing.
(a) The Ambulance
Service shall provide each new employee with sufficient, suitable and
serviceable uniforms as determined by the Ambulance Service.
(b) Uniforms shall
be issued to all maintenance officers annually on the employee’s anniversary
date.
(c) The issue of
uniforms shall be to the value contained in Table 3. During the term of this
Award, expense related allowances will be adjusted in accordance with movements
in the expense related allowances in the Crown Employees Wages Staff (Rates of
Pay) Award.
(d) The ambulance
service shall provide any other special clothing which the ambulance service
requires the employee to wear.
(e) Articles of
special clothing issued under subclause (d) shall be replaced by the Ambulance
Service on the basis of sufficient, suitable and serviceable clothing when
required.
(f) Articles of
special clothing issues under subclause (d) shall remain the property of the
Ambulance Service and shall be returned upon the request of the Ambulance
Service.
(g) Any request for
uniform replacement by the Ambulance Service or the employee will not be
reasonably refused.
(h) In the event of
any difficulties with the application of the above provisions, the Award
‘Issues Resolution Procedures’ may be utilised.
(i) Where the
Ambulance Service elects not to launder, or not to have laundered at its own
expense the overall or alternative garments to overalls of maintenance
officers, the employee is to be paid the laundry allowance per week as set out
in Table 3.
(ix) In the event
that it is necessary for an employee in the course of his/her duties to use
tools other than those of his/her own trade, such tools shall be supplied by
the employer.
25. Climatic and
Isolation Allowance
(i) Subject to
subclause (ii) of this clause, persons employed in places situated upon or to
the west of a line drawn as herein specified shall be paid an allowance as set
out at Table 2 per week in addition to the salary to which they are otherwise
entitled.
The line shall be drawn as follows, viz., commencing at
Tocumwal and thence to the following towns in the order stated, namely,
Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri,
Inverell and Bonshaw.
(ii) Persons
employed in places situated upon or to the west of a line drawn as herein
specified shall be paid an allowance as set out at Table 2 per week in addition
to the salary to which they are otherwise entitled. The line shall be drawn as follows: commencing at a point on the right bank of the Murray River
opposite Swan Hill (Victoria) and 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 by this clause shall be regarded
as part of the salary for the purposes of this Award.
26. Damage to Or Loss
of Clothing Or Tools
(i) An employee
whose clothing, footwear or tools are spoiled by acids or sulphur, other
deleterious substance or fire, due to the circumstances of his/her employment
shall be recompensed by his/her employer to the extent of his/her loss.
(ii) The employer
shall insure and keep insured, to the extent of the amount set out at Table 3,
clothing and tools of employees against loss, destruction or damage by fire,
acid or other deleterious substances or breaking and entering whilst securely
stored on the employers' premises. During the term of this Award, expense
related allowances will be adjusted in accordance with movements in the expense
related allowances in the Crown Employees Wages Staff (Rates of Pay) Award.
(iii) The employer
shall provide at the place of work a suitable and secure weather-proof lock-up
solely for the purpose of storing employees tools. Where such lock-up is not provided and tools are stolen by reason
of the employers default he/she shall compensate the employee to the extent of
his/her loss.
(iv) The employee
shall, if requested to do so, furnish the employer with a list of his/her
tools.
(v) The limit on
insurance coverage is described in subclause (ii) and prescribed in Table 3.
This limit shall not apply to Motor Mechanics employed in the Ambulance Service
provided that an agreed list of tools has been provided by the Motor Mechanic
and signed by both the Motor Mechanic and the Fleet Manager for the Ambulance
Service.
27. Transport of
Employee's Tools
(i) Where an
employee in the course of a normal working day is required to travel from one
location to another, or from place to place outside of workplace precincts the
employer shall provide transport for the employee and all necessary tools of
trade. However, should the employee,
with the approval of the employer, use his/her/her own means of transport then
they shall be entitled to a Transport Allowance as provided by Determination
made under the Health Services Act 1997, as varied from time to time. .
(ii) On termination
of employment of an employee leaving the employer's premises by public
transport, the employer shall provide transport for the employee's tools to the
nearest public conveyance except where the employee gives notice or is
dismissed for misconduct.
28. Annual Leave
(i) All
employees: See Annual Holidays Act
1944.
(ii) Where an
employee's allocated day off duty, on pay, falls due during a period of annual
leave such day shall be taken on the next working day immediately following the
period of annual leave.
(iii)
(a) Employees who
are rostered to work their ordinary hours on Sundays and/or public holiday
during a 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 (five working days);
(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 (38 hours)
worked, half or more than half of one-fifth being regarded as one-fifth and
less than half being disregarded.
(b) Provided further
that on termination of employment shift workers shall be entitled to payment
for any untaken annual leave due under this subclause (on the basis of 7.6
hours per day) together with payment for any untaken annual leave in respect of
an uncompleted year of employment.
(iv) The employer
shall give to each employee three months' notice where practicable and not less
than one month's notice of the date upon which the employee shall enter upon
annual leave.
(v) A shift worker
shall be paid, whilst on annual leave his/her ordinary pay plus shift allowance
and weekend penalties relating to ordinary time the shift worker would have
worked if he/she had not been on annual leave.
Provided that shift allowances and weekend penalties shall not be
payable for the allocated day off duty on pay which may fall on the first day
off duty in the annual leave period or for public holidays which occur during
the period of annual leave or for days which have been added to the annual
leave in accordance with the provisions of clause 22, Public Holidays.
(vi) Employees shall
be entitled to an annual leave loading of 17 per cent, or shift penalties as
set out in subclause (v) of this clause, whichever is the greater.
The conditions relating to the grant of leave loading
are set out in the Ministry of Health
Circulars 74/166 and 75/251.
29. Long Service
Leave
(i)
(a) Each employee
shall be entitled to two months' long service leave on full pay after ten
years' service; thereafter additional long service leave shall accrue on the
basis of five months' long service leave for each ten years' service.
From 21 November 2005, if an employee has completed
seven years of continuous service with the employer, the employee is entitled
to access his/her long service leave on a pro-rata basis per completed year of
service.
(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.
(c) Where the
services of an employee with at least
seven years' service 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.
(ii) For the
purposes of subclause (i) of this clause -
(a) service shall mean
continuous service in one or more hospitals/Ambulance Service. Service shall be deemed continuous if it
meets the provisions as set out in clauses 3 and 4 of Schedule 3A of the Public
Sector Employment and Management Act 2002;
(b) broken periods
of service in one or more hospitals/Ambulance Service shall count as service
subject to the following:
(1) where an
employee, after ceasing employment in a hospital/Ambulance Service, is
re-employed in a hospital/Ambulance Service subsequent to 1st January, 1973,
any service of that employee before he/she was so re-employed shall not be
counted for the purpose of determining any long service leave due to that
employee in respect of his/her service after he/she was so re-employed unless
he/she has completed at least five years' continuous service from the date of
his/her being so re-employed.
(2) an employee
employed in a hospital/Ambulance Service at the 1st January, 1973, but who was
not entitled to count broken service under the provisions of the Award in force
prior thereto shall not be entitled to count such broken service until he/she
has completed at least five years' continuous service from the date upon which
he/she commenced his/her current period of employment.
(3) an employee
employed in a hospital/Ambulance Service at the 1st January, 1973, and who was
entitled to count broken service under the provisions of the Award in force
prior thereto shall be entitled to count such broken service prior to 1st
January, 1973.
(c) service shall
not include 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 the 1st January, 1973.
(iii) An employee
with an entitlement to long service leave, may elect to access their
entitlement:
(a) on full pay, or
(b) on half pay, or
(c) on double pay.
(iv) When an
employee elects to access their long service leave entitlement the following
amounts of long service leave are to be deducted from the employee’s long
service leave entitlement:
(a) for each period
of long service leave taken on full pay - the number of days so taken,
(b) for each period
of long service leave taken on half pay - half the number of days so taken,
(c) for each period
of long service leave taken on double pay - twice the number of days so taken,
(v) If a public holiday
occurs while an employee is taking long service leave, and but for the taking
of the long service leave the employee would have worked, the amount of long
service leave to be deducted is to be reduced by 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; provided that where an employee is transferring between
hospitals and or Ambulance Service he/she may, if he/she so desires and by
agreement with his/her present employer and his/her proposed employer, be
allowed to retain his/her credit to long service leave in lieu of payment of
the monetary value under this subclause.
(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
widower, the children of such employee, of if there is not 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) 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) Except as
provided for in subclause (ix) of this clause, rights to long service leave
under this clause shall be in replacement of rights to long service leave, if
any, which at 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.
(ix) An employee who
is employed in a hospital, to which Clause 25 Climatic and Isolation Allowance
applies as at the 1st January, 1973, shall be granted long service leave in
accordance with the long service leave provisions in force prior to the 1st
January, 1973, in lieu of the provisions provided by this Award, where such
benefits are more favourable to the employee.
(x)
(a) Where an
employee has accrued the right to an allocated day off duty, on pay, prior to
entering on a period of long service leave, such day shall be taken on the next
working day immediately following the period of long service leave.
(b) In all other
circumstances the accrued time in credit (accumulated at 0.4 of one hour for
each day worked in the 20 day work cycle immediately preceding the leave) shall
count towards payment for the next allocated day off duty, on pay, occurring in
sequence after the employee's return to duty.
(c) Provided further
that no accrual of 0.4 of an hour shall be attracted to the paid days off
during the period of long service leave and such days shall be paid for at the
rate of 7.6 hours per day.
Notwithstanding the foregoing the employee on returning
to duty from long service leave shall be given his/her next allocated day off duty,
on pay, in sequence irrespective of whether sufficient credits have been
accumulated or not."
30. Sick Leave
(i)
(a) A full-time
employee shall be entitled to sick leave on full pay calculated by allowing
eighty ordinary hours off work for each year of continuous service up to 24 May
1982, and 76 ordinary hours thereafter for each further year of continuous
service provided that for the purpose of determining an employee's sick leave
credits as at 24 May 1982, sick leave in hand shall be proportioned on the
basis of 80:76 and henceforth each day's absence shall be deducted at 7.6
hours.
(b) Employees of the
Ambulance Service who (as at 27 March 2000) were accruing sick leave at the
rate of 15 days per annum will continue to do so. This accrual is specific to
those employees on a personal basis and will not flow to any other employees.
(c) All periods of
sickness shall be certified to by the Medical Superintendent, or by a legally
qualified Medical Practitioner, provided however, that the employer may
dispense with the requirements of a medical certificate where the absence does
not exceed two (2) consecutive days or where in the employer's opinion the
circumstances are such as not to warrant such requirements.
(d) The employer
shall not change the rostered hours of work of an employee, fixed by the roster
or rosters applicable to the employee, seven days immediately following the
commencement of sick leave merely by reason of the fact that the employee is on
sick leave.
(e) An employee
shall not be entitled to sick leave until after three months' continuous
service.
(f) Service for the
purpose of this clause shall mean service in a public hospital/Ambulance
Service and shall be deemed to have commenced on the date of engagement by a
public hospital/Ambulance Service in respect of any period of employment with
that hospital/Ambulance Service.
(g) "Continuous
Service" for the purposes of this clause, shall be calculated in the same
manner as provided under paragraph (a) of subclause (ii) of clause 29, Long
Service Leave, excepting that all periods of service in any hospital/Ambulance
Service (providing such service is not less than three months' actual service)
shall be counted.
(h) Each employee
shall take all reasonably practicable steps to inform the employer of his/her
inability to attend for duty and as far as possible state the estimated
duration of the absence. Where
practicable such notice shall be given within twenty-four hours of the
commencement of such absence.
(ii) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to accident pay, or workers' compensation;
provided, however, that where an employee is not in receipt of accident pay, an
employer shall pay to an employee, who has sick leave entitlements under this
clause, the difference between the amount received as workers' compensation and
full pay. The employee's sick leave
entitlement under this clause shall, for each week during which such difference
is paid, be reduced by the proportion of hours which the difference bears to
full pay. On the expiration of
available sick leave, weekly compensation payments only shall be payable.
31. Miscellaneous
Leave Conditions
(i) Employees shall
be granted Repatriation Leave in accordance with Ministry of Health Policy
Directive 2006_095, as it is amended or superseded from time to time, provided
that such amendments or successors will not have force under this Award if they
have the effect of providing a set of entitlements on this subject which are
overall less beneficial than any relevant ‘test case’ decision as defined.
(ii) Employees
shall be granted Study Leave in accordance with Ministry of Health Policy Directive 2006_066, as it is amended or
superseded from time to time, provided that such amendments or successors will
not have force under this Award if they have the effect of providing a set of
entitlements on this subject which are overall less beneficial than any
relevant ‘test case’ decision as defined.
(iii) Employees
shall be granted Defence Leave in accordance with Ministry of Health Policy Directive 2006_013, as it is amended
or superseded from time to time, provided that such amendments or successors
will not have force under this Award if they have the effect of providing a set
of entitlements on this subject which are overall less beneficial than any
relevant ‘test case’ decision as defined.
(iv) Employees shall
be granted severance pay in accordance with the Ministry of Health Policy
Directive 2007_085, as it is amended or
superseded from time to time, provided that such amendments or successors will
not have force under this Award if they have the effect of providing a set of
entitlements on this subject which are overall less beneficial than any
relevant ‘test case’ decision as defined.
31A. Family and
Community Service 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.
(iii) Casual
employees 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 appropriate
Chief Executive or authorised delegate 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 Chief Executive or authorised delegate 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 (vi)(a)(1) and (2) above, a working day for
employees working 38 hours per week shall be deemed to consist of 8 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 take FACS leave for a full 8 hour shift, the employee
would be debited 10 hours of FACS leave.
Example B: 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 eg 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 appropriate Chief Executive or authorised delegate
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 Chief
Executive or authorised delegate 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 5, 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 (ie 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 carers
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 (ie 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.
31B. 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 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.
(ii) Portability of
Service for Paid Maternity Leave
Portability of service for paid maternity leave
involves the recognition of service in public sector organisations for the
purpose of determining an employee's eligibility to receive paid maternity
leave. For example, where an employee
moves between a Public Sector Department and a public hospital, previous
continuous service will be counted towards the service prerequisite for paid
maternity leave.
When determining an employee's eligibility for paid
maternity leave, continuous service with an organisation that is part of the
public sector service as defined in the Public Sector Employment and
Management Act 2002 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
commences duty with the new employer on the next working day after ceasing
employment with the former employer (there may be a break in service of up to
two months before commencing duty with the new employer provided that the new
position was secured before ceasing duty with the former employer. However, such a break in service will not be
counted as service for the purpose of calculating any prior service
prerequisite for paid maternity leave.)
(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
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
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 should indicate the period of
leave desired and must include a medical certificate stating the expected date
of birth.
(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, sick 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, sick 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 (ie 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 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
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 Worker's
Compensation Act.
(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 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 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 ie for long service leave the period of
service is to be converted to the full time equivalent and credited
accordingly.
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).
F. Casual
Employees
(i) Casual
employees are entitled to parental leave in accordance with the provisions of
Part 4, Parental Leave, of the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in
addition to those set out in the Industrial Relations Act 1996 (NSW).
(ii) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or
employee’s spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of the employer in relation to engagement
and re-engagement of casual employees are not affected, other than in
accordance with this clause.
32. Issues Resolution
Procedures
The parties agree that every effort will be made to
settle any grievance or dispute amicably between the parties as quickly as
possible and that they will comply with the following procedures:
(i) When any dispute
develops at a particular work place which cannot be resolved, discussion should
firstly take place between the employee/s and the immediate supervisor to try
and resolve the matter. If it cannot be resolved at this level then:
(ii) The matter should
be raised with the supervisor by the employee/s or their union representative,
if it cannot be resolved then:-
(iii) Discussions
shall include representatives of senior management of the Area Health Service and relevant union/s, if it
cannot be resolved, then:-
(iv) When all the
above steps have been exhausted, either party may submit the dispute to the
Industrial Relations Commission which may exercise its functions under the
Industrial Relations Act 1996.
(v) Nothing in these
procedures will preclude the Local Health District and any union concerned from
entering into direct negotiations in any matter. Nor will these procedures
preclude a Local Health District or relevant union from seeking the assistance
of the Industrial Relations Commission on any health or safety issue of concern
to the employees in question.
(vi) The parties
agree that during these procedures normal work will continue and there will be
no stoppages of work, lockouts, or any other bans or limitations on the
performance of work. A Local Health
District will consult with relevant unions in relation to any proposal that
work done in the Health Service by tradespersons covered by this Award be
contracted out.
33. Living Away from
Home Allowance
(i) Where an
employee is required to work at a place other than his/her/her normal place of
work and the distance or travelling facilities make it reasonably necessary for
the employee to temporarily reside at other than his/her/her normal residential
accommodation the employer shall provide suitable free accommodation and meals
for the employee or pay an allowance as set out at Table 3 per day. Where two
or more employees are involved then uniformity of application of this provision
shall prevail unless an employee or employees request otherwise. During the
term of this Award, expense related allowances will be adjusted in accordance
with movements in the expense related allowances in the Crown Employees Wages
Staff (Rates of Pay) Award.
(ii) All fares and
travelling expenses involved in conveyance of the employee and his/her/her
tools of trade to or from such temporary places of residence shall be paid by
the employer: Provided no fares or
expenses shall be paid where:
(a) An employee
travels to or from such place of temporary residence without the approval of
the employer or
(b) the employee
terminates his/her/her own employment or is dismissed by the employer for gross
or wilful misconduct.
(iii) Time spent in
travelling (outside normal working hours) to or from temporary places of residence
shall be paid for at ordinary rates of pay provided that no employee shall
receive payment for more than eight hours travelling time on any one day
irrespective of whether work has been performed on that day or not.
34. Exhibition of
Award
See section 361 of the Industrial Relations Act
1996, which provides for the exhibition of industrial instruments in the
workplace.
35. Consultative
Committees
Each Local Health District and the Ambulance Service
shall establish a Trades Staff Consultative Committee (the Committee) on the
following basis:
The Committee will consist of an equal number of
representatives nominated by the employer and representatives of the
tradespersons covered by this Award as nominated by the Unions.
The Committee is intended by the parties to advise and
assist the statewide Productivity Savings Committee on all productivity savings
issues and provide a local forum for information exchange and consultation. To
these ends, the Committee will meet during normal working hours as often as is
reasonably required.
Union officials and other management employees can be
invited to attend meetings on an ad hoc basis where it is considered
appropriate by either employee or employer representatives on the Committee.
However, such attendance will not constitute membership of the Committee.
The parties intend that the operation of the Committee will
in no way diminish the rights and obligations of the parties in relation to
Award Issues Resolution Procedures. The Committee may participate in the
resolution of industrial issues the subject of Award Issues Resolution
Procedures where it is of the view that it is reasonable to do so and provided
that such participation shall not prejudice the rights of any party.
36. Union Dues
Subject to an employee's written authorisation, the
employer will automatically deduct union dues from the pay of union members,
subject to current payroll practice and restrictions.
37. Rights of Union
Delegates
An employee appointed as union delegate shall, upon
notification to the employer, be recognised as an accredited representative of
the union and shall be allowed reasonable time during working hours to
interview the employer (or representative) on matters affecting those he/she
represents.
38. Anti-Discrimination
(i) It the
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 and age.
(ii) It follows
that in fulfilling their obligations under the Issues 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.
39. No Extra Claims
(i) The parties
agree that, during the term of this Award, there will be no extra wage claims,
claims for improved conditions of employment or demands made with respect to
the employees covered by the Award and, further that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those
employees will be instituted before the Industrial Relations Commission or any
other industrial tribunal.
(ii) The terms of
the preceding paragraph do not prevent the parties from taking any proceedings
with respect to the interpretation, application or enforcement of existing
provisions in this Award.
40. Area, Incidence
and Duration
(i) This Award
shall apply to employees (and apprentices where specifically referred to) of
the classifications mentioned in clause 2, Definitions who are employed by the
Director General, NSW Ministry of Health. Such employment being within the
state of New South Wales, excluding the County of Yancowinna, within the jurisdiction
of the Public Hospitals Skilled Trades Industrial Committee.
(ii) This Award
replaces and rescinds the Public Health Service Employees Skilled Trades
(State) Award (Incorporating the Ambulance Service of NSW Skilled Trades)
published 31 December 2011 (371 IG 1643) and all variations thereof.
(iii) The Award
shall take effect on and from 18 July 2012 and remain in force until 31
December 2012.
PART B
MONETARY RATES
Table 1
Weekly Wages
Each date referred to in the table is a reference to the
first full pay period to commence on or after that date.
(Note: Excepting for Electrical Trades classifications,
tool allowances are expense-related allowances).
|
Description
|
01/01/2012
|
|
|
$ per week
|
|
Fitter/Motor Mechanic
|
|
Level 1
|
886.20
|
|
Level 2 (Level 1 plus 5%)
|
909.50
|
|
Level 3 (Level 1 plus 10%)
|
952.80
|
|
Level 4 (Level 1 plus 15%)
|
996.10
|
|
Welder 1st Class
|
|
Level 1
|
866.20
|
|
Level 2 (Level 1 plus 5%)
|
909.50
|
|
Level 3 (Level 1 plus 10%)
|
952.80
|
|
Level 4 (Level 1 plus 15%)
|
996.10
|
|
Mechanic Tradesperson Special Class is paid as
Fitter/Motor Mechanic Level 2 plus Tool Allowance
|
|
from 1/7/97 and thereafter. Welder Special Class is paid
as Welder 1st Class plus Additional Wage
|
|
Rates plus Tool Allowance.
|
|
|
|
Plumber
|
|
Level 1
|
874.50
|
|
Level 2 (Level 1 plus 5%)
|
918.20
|
|
Level 3 (Level 1 plus 10%)
|
962.00
|
|
Level 4 (Level 1 plus 15%)
|
1,005.70
|
|
Plumbers acting alone on Plumbers/Drainers/Gasfitters
licences and combinations are paid as Plumber
|
|
plus Additional Wage Rates plus Tool Allowance.
|
|
|
|
Carpenter
|
|
Level 1
|
868.50
|
|
Level 2 (Level 1 plus 5%)
|
911.90
|
|
Level 3 (Level 1 plus 10%)
|
955.40
|
|
Level 4 (Level 1 plus 15%)
|
998.80
|
|
Painter/Spray Painter
|
|
Level 1
|
868.50
|
|
Level 2 (Level 1 plus 5%)
|
911.90
|
|
Level 3 (Level 1 plus 10%)
|
955.40
|
|
Level 4 (Level 1 plus 15%)
|
998.80
|
|
Signwriter
|
|
Level 1
|
887.70
|
|
Level 2 (Level 1 plus 5%)
|
932.10
|
|
Level 3 (Level 1 plus 10%)
|
976.50
|
|
Level 4 (Level 1 plus 15%)
|
1,020.90
|
|
Plasterer
|
|
Level 1
|
868.50
|
|
Level 2 (Level 1 plus 5%)
|
911.90
|
|
Level 3 (Level 1 plus 10%)
|
955.40
|
|
Level 4 (Level 1 plus 15%)
|
998.80
|
|
Bricklayer
|
|
Level 1
|
868.50
|
|
Level 2 (Level 1 plus 5%)
|
911.90
|
|
Level 3 (Level 1 plus 10%)
|
955.40
|
|
Level 4 (Level 1 plus 15%)
|
998.80
|
|
Floor/Wall Tiler
|
|
Level 1
|
868.50
|
|
Level 2 (Level 1 plus 5%)
|
911.90
|
|
Level 3 (Level 1 plus 10%)
|
955.40
|
|
Level 4 (Level 1 plus 15%)
|
998.80
|
|
Upholsterer
|
|
Level 1
|
897.40
|
|
Level 2 (Level 1 plus 5%)
|
942.30
|
|
Level 3 (Level 1 plus 10%)
|
987.10
|
|
Level 4 (Level 1 plus 15%)
|
1,032.00
|
|
Blindmaker
|
|
|
Level 1
|
861.60
|
|
Level 2 (Level 1 plus 5%)
|
904.70
|
|
Level 3 (Level 1 plus 10%)
|
947.80
|
|
Level 4 (Level 1 plus 15%)
|
990.80
|
|
Electrical Tradesperson
|
|
Level 1
|
919.10
|
|
Level 2 (Level 1 plus 5%)
|
965.10
|
|
Level 3 (Level 1 plus 10%)
|
1,011.00
|
|
Level 4 (Level 1 plus 15%)
|
1,057.00
|
|
Electrical Instrument Fitter
|
|
Level 1
|
962.80
|
|
Level 2 (Level 1 plus 5%)
|
1,010.90
|
|
Level 3 (Level 1 plus 10%)
|
1,059.10
|
|
Level 4 (Level 1 plus 15%)
|
1,107.20
|
|
Elec Fitter & Ass to Chief Eng.-Syd Hosp/Elec Fitter
& Ass to Chief Eng - Other Hosp/Plant Elec/Elec
|
|
in Charge of Generating Plant are paid as Electrical
Tradesperson plus Additional Wage Rate
|
|
plus Tool Allowance.
|
Scientific Instrument Maker
|
Level 1
|
895.00
|
Level 2 (Level 1 plus 5%)
|
939.80
|
Level 3 (Level 1 plus 10%)
|
984.50
|
Level 4 (Level 1 plus 15%)
|
1,029.30
|
Tool Maker
|
Level 1
|
895.00
|
Level 2 (Level 1 plus 5%)
|
939.80
|
Level 3 (Level 1 plus 10%)
|
984.50
|
Level 4 (Level 1 plus 15%)
|
1,029.30
|
|
|
|
Table 2
Additional and
Special Rates/Allowances
(Including Tool
Allowance for Electrical Trades)
Each date referred to in the table is a reference to the
first full pay period to commence on or after that date.
Clause
|
Allowance Type
|
01/01/2012
|
4A(ii)
|
On-call - Rostered on duty (per 24 hours)
|
$20.34
|
4A(iii)
|
On-call - Rostered off duty (per 24 hours)
|
$40.17
|
7(i)
|
Electricians License
|
|
|
Grade A
|
$41.86
|
|
Grade B
|
$22.83
|
7(ii)
|
Lead Burner
|
$0.86
|
7(iii)
|
Plumbers - combination of licenses
|
|
|
Plumbers license
|
$41.55
|
|
Gasfitters license
|
$41.55
|
|
Drainers license
|
$33.86
|
|
Plumbers & gasfitters license
|
$54.86
|
|
Plumbers & drainers license
|
$54.86
|
|
Gasfitters & drainers license
|
$54.86
|
|
Plumbers, gasfitters & drainers license
|
$76.44
|
7(iv)
|
Plumbers/Gasfitters/Drainers Reg. Cert
|
$0.83
|
7(v)
|
Electric Welding
|
$0.64
|
7(vi)
|
Computing Quantities
|
$5.23
|
7(vii)
|
Boiler Attendants Certificate
|
$6.45
|
7(viii)
|
BMC Operator
|
$33.54
|
7(ix)
|
Motor Mechanic
|
$0.66
|
|
Motor Mechanic per day
|
$2.65
|
7(x)
|
Elec Fitter & Asst to Chief Eng.-Sydney Hospital
|
$59.09
|
|
Elec Fitter & Asst to Chief Eng.-Other Hosp.
|
$47.14
|
|
Electrician in Charge of Generating Plant less than 75
kilowatts.
|
$17.36
|
|
Electrician in charge of Generating Plant 75 Kilowatts or
more
|
$60.29
|
|
Plant Electrician
|
$56.69
|
7(xi)
|
Welder Special Class
|
$10.79
|
8
|
Tool Allowance - Electrical Trades
|
$17.24
|
9(i) (b)
|
Leading Hand Electrician
|
$56.69
|
9(ii)
|
Leading Hand - Other than Electricians
|
|
(a)
|
I/C up to 5 employees
|
$43.21
|
(b)
|
I/C 6 up to 10 employees
|
$56.50
|
(c)
|
I/C over 10 employees
|
$72.39
|
10(i)
|
Cold Place
|
$0.69
|
10(ii)
|
Confined Spaces
|
$0.83
|
10(iii)
|
Dirty Work
|
$0.69
|
10(iv)
|
Height Money
|
$0.69
|
10(v)
|
Hot Places - 46C-54C
|
$0.69
|
Hot Places - more than 54C
|
$0.83
|
10(vi)(a)
|
Insulation Material
|
$0.83
|
10(vi)(b)
|
Asbestos
|
$0.83
|
10(vii)
|
Smoke Boxes etc
|
$0.50
|
Oil fired Boiler
|
$1.70
|
10(viii)(a)(1)
|
Wet Places - other than rain
|
$0.69
|
10(viii)(a)(2)
|
Rain
|
$0.69
|
10(viii)(b)
|
Mud Allowance
|
$5.30
|
10(ix)(a)(b)
|
Acid Furnaces etc.
|
$3.49
|
10(x)
|
Depth Money
|
$0.69
|
10(xi)(a)
|
Swing Scaffolds other than plasterers:
|
|
First four hours
|
$4.93
|
Thereafter
|
$1.03
|
10(xi)(b)
|
Swing Scaffolds - plasterers
|
$0.15
|
10(xii)
|
Spray Application
|
$0.69
|
10(xiii)
|
Working Secondhand timber
|
$2.62
|
10(xiv)
|
Roof Work
|
$0.69
|
10(xv)
|
Explosive Powered Tools
|
$1.63
|
10(xvi)
|
Morgues
|
$0.78
|
10(xvii)(a)
|
Toxic, Obnox - Epoxy Materials
|
$0.83
|
10(xvii)(b)
|
Toxic, Obnox Sub A/C not operating
|
$0.57
|
10(xvii)(d)
|
Close proximity to above
|
$0.69
|
10(xviii)
|
Psychiatric Patients (PH Ward)
|
$0.57
|
10(xix)
|
Animal House
|
$0.46
|
10(xxi)
|
Asbestos Eradication
|
$2.30
|
10(xxiii)(a)
|
Psychiatric Hospitals
|
$1.33
|
10(xxiii)(b)
|
Geriatric Allowances:
|
|
Allandale/Garrawarra
|
$0.48
|
Lidcombe (former)
|
$0.44
|
11
|
Thermostatic Mixing Valve
|
$22.78
|
12
|
Chokages
|
$7.93
|
13
|
Fouled Equipment
|
$7.93
|
25(i)
|
Climatic and Isolation Allowance
|
$7.51
|
Climatic and Isolation Allowance
|
$15.11
|
|
Apprentice Passing Exams:
|
|
1st Year
|
$1.41
|
2nd year
|
$4.39
|
3rd Year
|
$5.80
|
Table 3
Expense Related
Allowances
(Including Tool Allowances for all Trades other than
Electrical)
Expense related allowances will be adjusted in
accordance with movements in the expense related allowances in the Crown
Employees Wages Staff (Rates of Pay) Award.
The date referred to in the table is a reference to the
first full pay period to commence on or after that date.
Clause
|
Allowance Description
|
01/07/2011
|
|
|
$
|
8
|
Tool Allowance Fitter, Motor Mechanic
|
28.10
|
8
|
Tool Allowance Plumber
|
28.10
|
8
|
Tool Allowance Carpenter
|
28.10
|
8
|
Tool Allowance Painter, Spray Painter, Signwriter
|
6.80
|
8
|
Tool Allowance Welder 1st Class
|
28.10
|
8
|
Tool Allowance Plasterer
|
23.20
|
8
|
Tool Allowance Bricklayer
|
20.00
|
8
|
Tool Allowance Floor/Wall Tiler
|
20.00
|
8
|
Tool Allowance Upholsterer/Blindmaker
|
7.90
|
8
|
Tool Allowance Scientific Instrument/Tool Maker
|
28.10
|
5(viii)
|
Meal Allowance for meal on overtime
|
23.00
|
|
For each subsequent meal
|
9.80
|
14(i)
|
Employee required to work at a job away from accustomed
|
19.00
|
|
place of work (per day)
|
|
24(vii)(c)
|
Laundry Allowance (per week)
|
0.90
|
26(ii)
|
Damage to clothing and tools - insurance to the extent of
|
1577.80
|
33
|
Living away from home allowance:
|
|
|
Per week
|
437.20
|
|
Per day
|
62.50
|
24 (viii)
|
Ambulance Service - Uniform provided up to the value of
|
353.60
|
Table 4
Apprentices Wages
and Allowances
Each date referred to in the table is a reference to
the first full pay period to commence on or after that date.
Description
|
01/01/2012
|
|
$ per week
|
Apprentice Plumber
|
1st Year
|
377.90
|
2nd Year
|
502.30
|
3rd Year
|
648.80
|
4th Year
|
750.20
|
Apprentice Fitter
|
1st Year
|
377.90
|
2nd Year
|
502.30
|
3rd Year
|
648.80
|
4th Year
|
750.20
|
Apprentice Electrician
|
1st Year
|
377.90
|
2nd Year
|
502.30
|
3rd Year
|
648.80
|
4th Year
|
750.20
|
Apprentice Carpenter
|
1st Year
|
377.90
|
2nd Year
|
502.30
|
3rd Year
|
648.80
|
4th Year
|
750.20
|
Apprentice Painter
|
1st Year
|
377.90
|
2nd Year
|
502.30
|
3rd Year
|
648.80
|
4th Year
|
750.20
|
Apprentice Bricklayer
|
1st Year
|
377.90
|
2nd Year
|
502.30
|
3rd Year
|
648.80
|
4th Year
|
750.20
|
Tool Allowances for Apprentices are the same as those of
the corresponding Tradesperson at Table 1,
|
except for Apprentice Electricians, who will be paid the
Tool Allowance for Electrical Trades at Table 2.
|
Other Allowances at Table 2, which are relevant to
Apprentices (disability allowances etc), will also apply.
|
This includes the Allowances for Apprentices passing
exams.
|
E.
A. R. BISHOP, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.