1

(008)

SERIAL C4300

OPERATIONAL AMBULANCE OFFICERS (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Health Services, industrial organisation of employees.

(No. IRC 6392 of 2005)

Before The Honourable Justice Boland

16 December 2005

AWARD

PART A

1. Title

This Award shall be known as the "Operational Ambulance Officers (State) Award".

2. Arrangement

PART A

Clause No. Subject Matter

1. Title

2. Arrangement

3. Objects

4. Definitions

5. Classifications

6. Employees Duties

7. Work Arrangements

8. Wages

9. Allowances and Classification Arrangements

10. Hours of Duty

11. Roster of Hours

12. Employees on Call

13. Overtime

14. Time Off in Lieu of Overtime

15. Allocated Days Off

16. Special Events Coverage

17. Penalty Rates for Shift Work and Weekend Work

18. Vacancies and Promotion

19. Appointment of Officers

20. Termination of Employment

21. Travelling Time and Expenses

22. Travelling on Cases

23. Relieving Other Members of Staff

24. Flexible Work Practices

25. Annual Leave

26. Annual Leave Loading

27. Public Holidays

28. Personal/Carer’s Leave, Family and Community Service Leave

29. Maternity, Adoption and Parental Leave

30. Child Care

31. Study Leave

32. Trade Union Leave

33. Long Service Leave

34. Sick Leave

35. Climatic and Isolation Allowance

36. Uniforms

37. Accommodation

38. Lockers and Showers

39. Benefits Not to be Withdrawn

40. Payment and Particulars of Wages

41. Issues Resolution

42 Anti-Discrimination

43. No Extra Claims

44. Union Subscriptions

45. Union Notice Boards

46. Reasonable Hours

47. Exemptions

48. Area, Incidence and Duration

PART B

MONETARY RATES

Tables 1 - Wages

Table 2 - Operations Centre Staff - Wages

Table 3 - Allowances

Table 4 - Additional Allowances Uniformed Operations Centre Staff

SCHEDULES

Schedule A - Payment of Shift Penalties and Other Work Related Allowances whilst subject to Misconduct/Disciplinary Inquiries (Policy Directive 2005_095)

Schedule B - Personal/Carer’s Leave, Family and Community Service Leave (Policy Directive 2005_431)

Schedule C - Study Leave (Instructional Circular 96/4)

Schedule D - Paid Trade Union Leave (Policy Directive 2005_428)

Schedule E - Rental and Management Aspects of Public Sector Housing (Policy Directive 2005_089)

3. Objects

(a) The parties seek to achieve excellence in the provision of ambulance services for New South Wales through an efficient and effective pre-hospital emergency care and health related transport system.

(b) Over the past few years there have been many changes to traditional working arrangements and traditional job classifications. Many of the changes have led to modified and improved work practices which have enabled the Service to become an even more efficient and effective Ambulance Service for the people of New South Wales.

(c) This Award is designed to further improve work practices by implementing changes to work arrangements and classifications.

(d) In recognising the need for change this Award will ensure an ongoing viability and improvement in the delivery of pre-hospital care and health related transport and in doing so will greatly increase employee satisfaction through a greater range, scope and flexibility of work.

(e) The parties are committed to achieving healthier and safer jobs via work place changes and agree that this can be achieved in tandem with improved efficiency and productivity. The parties intend that this will be accomplished by establishing a comprehensive and cooperative approach to the management of occupational health and safety issues which aims to:

(i) Control hazards at their source;

(ii) Reduce the incidence and cost of occupational injury and illness;

(iii) Review work and management practices affecting the interrelationship between efficiency, productivity and health and safety; and

(iv) Provide a rehabilitation system for staff affected by work related injury or work related illness.

(v) The parties shall discuss procedures to be adopted where uniforms are contaminated in the course of employment in line with Occupational Health and Safety guidelines.

4. Definitions

"Day Worker" means an employee who works his or her ordinary hours from Monday to Friday inclusive and who commences work on such days between 6:00 am and 10:00 am inclusive.

"Shift Worker" means an employee who is not a day worker as defined.

"Corporation" means the Health Administration Corporation.

"The Service" means the Ambulance Service of New South Wales.

"Union" means the Health Services Union.

"Officer and/or Operational Ambulance Officer" means an employee of the Service who is employed pursuant to this Award.

"Employee" means an Officer and/or Operational Ambulance Officer of the Service who is employed pursuant to this Award.

"Service" means continuous service with one or more District Committees prior to 13 April 1973, and continuous service as a servant of the New South Wales Ambulance Board on and from 13 April 1973, and continuous service as a servant of the Health Commission on and from 1 January 1977 and continuous service as a servant of the Health Administration Corporation on and from 17 August 1982.

The "Working Week" for the purpose of this Award, shall commence on Saturday and finish on Friday.

"Modified Hours Roster" means any roster which arranges the hours of duty of full time employees in a format other than on an eight (8) hours per shift basis.

5. Classifications

"Trainee Patient Transport Officer" means an employee who is required to undertake and successfully complete the requirements for appointment to a Patient Transport Officer position identified as such by the Service.

This category of employee will be involved in routine and non-emergency patient transport utilising basic life support skills. Inter alia this category of employee will receive training and certification by the Service in Occupational Health and Safety, Ambulance First Aid, Driver Training, Patient Handling, Oxygen administration, Equal Employment Opportunity, Anti Discrimination and Anti Harassment.

Commensurate with the duties outlined the Service shall determine the level of training and the parties shall consult, monitor and review the operation of this classification over the life of the Award.

"Patient Transport Officer" means an employee who has successfully completed the requirements as set out for Trainee Patient Transport Officer and who is appointed to a Patient Transport Officer position identified as such by the Service.

This category of employee will be involved in routine and non-emergency patient transport utilising basic life support skills. This category of employee will not be utilised to crew Ambulances engaged in emergency/casualty response.

Provided that such an officer shall be required to undertake and successfully complete further instruction/in service courses and certification examinations as required by the Service every two (2) years.

The parties agree that this classification will remain a source of alternative duties for injured officers requiring rehabilitation as a result of a workplace injury.

"Trainee Ambulance Operations Centre Officer" means an employee who is required to undertake and successfully complete the requirements for appointment to an Ambulance Operations Centre Officer position identified as such by the Service.

This category of employee will be involved in the dispatch and movement of emergency and non-emergency ambulances utilising the Service’s Computer Aided Dispatch and Telecommunication systems. Inter alia this category of employee will receive training and certification by the Service in Occupational Health and Safety, Ambulance First Aid, Medical Terminology, Computer Aided Dispatch and Telecommunications Systems, Computer mapping, emergency vehicle movement coordination, Equal Employment Opportunity, Anti Discrimination and Anti Harassment.

Ambulance Officer Grade 1, Ambulance Officer Grade 2, Station Officer Grade 1, Station Officer Grade 2 and District Officers are to be paid in addition to their current wage, the Operations Centre Allowance as set out in Item 2 of Table 4 - Additional Allowances, of Part B, Monetary Rates.

"Ambulance Operations Centre Officer" means an employee who has successfully completed the requirements as set out for Trainee Ambulance Operations Centre Officer and who is appointed to an Ambulance Operations Centre Officer position identified as such by the Service.

This category of employee will be involved in the dispatch and movement of emergency and non-emergency ambulances utilising the Service’s Computer Aided Dispatch and Telecommunication systems.

Ambulance Officer Grade 1, Ambulance Officer Grade 2, Station Officer Grade 1, Station Officer Grade 2 and District Officers who are permanently appointed to positions of Ambulance Operations Centre Officer are to be paid the wage applicable for an Ambulance Officer as set out in Table 2 - Operations Centre Staff - Wages, of the said Part B, up to the maximum rate applicable for Ambulance Officer Grade 2 Year 7 and are to be paid, in addition to their wages and allowances, the Operation Centre Allowance as set out in the said Item 2.

The parties agree that this classification will remain a source of alternative duties for injured officers requiring short term rehabilitation as a result of a workplace injury in which case they will need to be provided with training and successfully complete the requirements set out for a Trainee Ambulance Operations Centre Officer.

"Duty Operations Centre Officer" (Station Officer Grade 2 epaulet of two (2) stars) means an employee who has successfully completed the requirements as set out for Ambulance Officer Grade 2 and who has successfully completed the requirements for and is appointed to a Duty Operations Centre Officer position identified as such by the Service.

This category of employee will be required to give advice regarding emergency and non-emergency ambulance care and may be required to be involved in emergency and routine patient transport utilising management skills in addition to emergency and basic life support skills.

"Senior Operations Centre Officer" (District Officer epaulet of three (3) stars) means an employee who has successfully completed the requirements as set out for Ambulance Officer Grade 2 and who has successfully completed the requirements for and is appointed to a Senior Operations Centre Officer position identified as such by the Service.

"Trainee Ambulance Officer" means an employee who, during his or her first year of Service who is required to undertake and successfully complete the requirements for appointment to an Ambulance Officer position identified as such by the Service during this period.

This category of employee will be involved in emergency and routine patient transport as a second officer utilising emergency and basic life support skills. Inter alia, this category of employee will receive training and certification in Emergency Ambulance Care, Protocols, Procedures and Pharmacology, Anatomy and Physiology, Patient Handling, Occupational Health and Safety, Equal Employment Opportunity, Anti-Discrimination, Anti-Harassment and Driver Training.

"Ambulance Officer - Grade 1" means an employee who, during his or her second third year of Service, is required to undertake and successfully complete the requirements for appointment as an Ambulance Officer Grade 2 during this period at a time determined by the Service.

"Ambulance Officer - Grade 2" means an employee who has successfully completed the requirements as set out for Ambulance Officer Grade 1 and who is in his or her fourth or subsequent years of service and who is appointed to an Ambulance Officer position identified as such by the Service.

Provided that such an officer shall be required to undertake and successfully complete further instruction/in-service courses and certification examinations as required by the Service every two (2) years.

"Station Officer Grade 1" (epaulet of one (1) star) means an employee who has successfully completed the requirements as set out for Ambulance Officer Grade 2 and who has successfully completed the requirements for and is appointed to a Station Officer Grade 1 position identified as such by the Service.

"Station Officer Grade 2" (epaulet of two (2) stars) means an employee who has successfully completed the requirements as set out for Ambulance Officer Grade 2 and who has successfully completed the requirements for and is appointed to a Station Officer Grade 2 position identified as such by the Service.

"District Officer" (epaulet of three (3) stars) means an employee who has successfully completed the requirements as set out for Ambulance Officer Grade 2 and who has successfully completed the requirements for and is appointed to a District Officer position identified as such by the Service.

"Aeromedical Operations Officer" means an employee who has successfully completed the requirements for and is appointed to an Aeromedical Operations Officer position identified as such by the Service.

Provided that such an employee shall be required to undertake and successfully complete further instruction/in courses and certification examinations as required by the Service every two (2) years.

"Ambulance Technical Educator" (Station Officer Grade 2 epaulet of two (2) stars) means an employee who has successfully completed the requirements as set out for Ambulance Officer Grade 2 and who has successfully completed the requirements for and is appointed to an Ambulance Technical Educator position identified as such by the Service.

This category of employee will be principally involved in the practical education of employees utilising educational and management skills.

This category of employee will be required to give advice regarding advanced emergency, non-emergency and specialist ambulance care and may be required to be involved in emergency and routine patient transport utilising educational, management and specialist skills in addition to advanced emergency and basic life support skills.

Provided that such an employee shall be required to undertake and successfully complete further instruction/in service courses and certification examinations as required by the Service every two (2) years.

"Ambulance Clinical Educator" (District Officer epaulet of three (3) stars) means an employee who has successfully completed the requirements for and is appointed to an Ambulance Clinical Educator position identified as such by the Service.

This category of employee will be principally involved in the theoretical and clinical education of employees utilising advanced educational and management skills.

This category of employee will be required to give advice regarding curriculum, adult education and distance education and will be required to give advice to employees regarding course content, course progression and learning techniques.

Provided that such an employee shall be required to undertake and successfully complete further instruction/in service courses as required by the Service.

"Specialist" means an employee who has successfully completed the requirements for and is appointed by the Service to an identified Specialist position of Special Casualty Access Team (SCAT), Rescue and/or other specialties as agreed between the parties.

The allowance as set out in Item 1 of Table 3 - Allowances, of Part B, Monetary Rates, shall be regarded as part of the salary for all purposes of this Award.

"Advanced Life Support Officer" means an employee who has successfully completed the requirements for an Advanced Life Support Officer position.

The allowance as set out in Item 10 of Table 3 - Allowances, of Part B, Monetary Rates shall be regarded as part of the salary for all purposes of this Award.

"Paramedic Officer" means an employee who has successfully completed the requirements for a Paramedic position.

The allowance as set out in Item 2 of Table 3 - Allowances, of Part B, Monetary Rates shall be regarded as part of the salary for all purposes of this Award.

"Operations Centre (stand-by) Allowance" means the allowance paid to an Ambulance Officer Grade 1, Ambulance Officer Grade 2, Station Officer Grade 1, Station Officer Grade 2 and/or District Officer, who may be reasonably required by the Service to undertake the duties of an Ambulance Operations Centre Officer, Duty Operations Centre Officer and/or a Senior Operations Centre Officer.

The allowance as set out in Item 1 of Table 4 - Additional Allowances, of Part B, Monetary Rates shall be regarded as part of the salary for all purposes of this Award.

"Rescue (stand-by) Allowance" means the allowance paid to an Ambulance Officer Grade 1, Ambulance Officer Grade 2, Station Officer Grade 1, Station Officer Grade 2 and/or District Officer who may be reasonably required by the Service to be rostered to an accredited Ambulance Rescue Unit.

The allowance as set out in Item 11 of Table 3 - Allowances, of Part B, Monetary Rates shall be regarded as part of the salary for all purposes of this Award.

6. Employees’ Duties

(a) The Service may direct an employee to carry out such duties as are reasonable, and within the limits of the employee’s skills, competence and training consistent with the employee’s classification, provided that such duties are not designed to promote de-skilling.

(b) The Service may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained and is currently certified in the use of such tools and equipment.

(c) Any direction issued by the Service pursuant to subclause (a) and (b) of this clause shall be consistent with the Service’s responsibilities to provide a safe and healthy working environment.

(d) The application of subclause (a) of this clause shall be undertaken in a fair, reasonable and sensible manner.

7. Work Arrangements

(a) In order to develop a more efficient and effective Ambulance Service additional classifications have been introduced in order to achieve a more generic, flexible structure which enhances greater efficiency in the allocation of employees to various tasks.

(b)

(i) It is the aim of the parties that position descriptions be developed for all classifications under this Award.

(ii) The parties agree that the development of the position descriptions will be the subject of genuine consultation between the Service and the Union.

(c) Work will be performed by the most efficient means. To achieve this, the Service will deploy skills based on operational needs.

(d) The parties agree that there will be no forced transfers as a result of the implementation of subclause (c) of this clause.

(e) Any proposal that will significantly affect employees, covered by the Union will be the subject of genuine consultation between the parties.

8. Wages

(a) Employees shall not be paid less than the minimum wages for their classification as set out in Table 1 - Wages and Table 2 - Operations Centre Staff - Wages, of Part B, Monetary Rates.

(b) Following consultation between the Corporation, the Service and the Union on remuneration levels having regard to skills and educational requirements determined by the Service, the Union may seek to have the Industrial Relations Commission of New South Wales arbitrate on increased remuneration for Officers who hold a degree claimed to be relevant and necessary for their duties.

(c)

(1) Salary Sacrifice to Superannuation"

Notwithstanding the salaries prescribed in Table 1 - Wages and Table 2 - Operations Centre Staff - Wages of Part B, Monetary Rates of the Operational Ambulance Officers (State) Award as varied from time to time, an employee may elect, subject to the agreement of the employee’s employer, to sacrifice a portion of the salary payable under this clause to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed must not exceed fifty (50) per cent of the salary payable under this clause or fifty (50) per cent of the currently applicable superannuable salary, whichever is the lesser.

In this clause:

(a) "Superannuable salary" means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

(b) "Employer" shall mean the Health Administration Corporation of New South Wales.

(2) Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:

(a) Subject to Australian Taxation Law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYE taxation deductions by the amount of that sacrificed portion; and

(b) Any allowance, penalty rate, overtime, payment for unused leave entitlements, weekly worker’s compensation, or other payment, other than any payment for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act, or Statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under this Award in the absence of any salary sacrifice to superannuation made under this Award.

(3) The employee may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions.

(a) Paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

(b) Subject to the employer’s agreement, paid into private sector complying superannuation scheme as employer superannuation contributions.

(4) Where an employee elects to salary sacrifice in terms of subclause (3) above, the employer will pay the sacrificed amount into the relevant superannuation fund.

(5) Where the employee is a member of a superannuation scheme established under:

(a) The Police Regulation (Superannuation) Act, 1906;

(b) The Superannuation Act, 1916;

(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 (1) above is included in the employee’s superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations

(6) Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with his/her employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (5) above, the employer will continue to base contributions to that fund on the salary payable under this clause to the same extent as applied before the employee sacrificed portion of that salary to superannuation. This clause applies even though the superannuation contributions made by the employer may be in excess of the superannuation guarantee requirements after the salary sacrifice is implemented.

9. Allowance and Classification Arrangements

(a) An employee to whom an allowance is paid will cease to have an entitlement to such payment if the employee:

(i) Fails to successfully complete further instruction/in service courses and/or certification examinations as required by the Service every two (2) years or;

(ii) Elects not to undertake further instruction/in service courses and/or certification examinations as required by the Service every two (2) years.

(b) Payment of shift penalties and other work related allowances or payments to employees subject to misconduct/disciplinary inquiries will be made on the terms and conditions prescribed by the Corporation’s Policy Directive 2005_095 (refer to Schedule A - Payment of Shift Penalties and Other Work Related Allowances whilst subject to Misconduct/Disciplinary Inquiries).

10. Hours of Duty

(a)

(i) The ordinary hours of duty shall be an average of 38 per week, to be worked in shifts of eight hours duration on no more than 19 days per 28 day period unless otherwise agreed between the parties.

Shift workers shall be free from duty for not less than two full days in each working week or four full days in each two working weeks, unless otherwise agreed between the parties.

(ii) Where the parties agree to work being performed on a modified hours roster the maximum length of a shift shall not exceed 14 hours with the average of 38 hours per week to be calculated over the agreed modified hours roster cycle.

(b) Employees working shifts that incorporate a meal break shall be allowed a meal break of not less than one hour no later than four hours nor more than six hours from the starting time of shifts unless otherwise agreed between the parties. In respect of shifts of eight hour and nine hour duration, which include a one-hour meal break, employees shall be given the one hour meal break, not less than four nor more than five and one half hours from the starting time of shifts unless otherwise agreed between the parties.

(c) Employees working shifts that incorporate a meal break who are recalled to duty from their meal break shall be paid in respect of the first call out, one hour at ordinary rates and in respect of any subsequent call out, ordinary rates extra for the time so worked; provided, that the subsequent call out occurs prior to him or her having completed the meal break. At the beginning of the seventh hour, the meal is considered to have commenced and one hour’s penalty at ordinary rates is to be paid for the first case. Subsequent cases referred to in the subclause will attract ordinary time extra until the full meal break has been taken.

This penalty shall also apply where an employee is sent to his or her meal prior to the completion of the fourth hour. This provision will not apply to employees on night shift although the appropriate meal break, in accordance with the provisions contained in subclause (b) of this clause, shall be given unless otherwise agreed between the parties.

(d) Trainee Patient Transport Officers and Patient Transport Officers will work shifts of eight (8) hour duration, which will include a twenty (20) minute paid crib break. This crib break shall commence not less than four (4) nor more than six (6) hours from the starting time of the shift unless otherwise agreed between the parties. Failure to provide the employee an opportunity to commence such a break within the designated hours will result in a penalty of 20 minutes at ordinary rates.

(e) If such a crib break is not commenced or completed during a shift being undertaken by Trainee Patient Transport Officers and/or Patient Transport Officers, then the untaken portion of the crib break will, in addition to any penalty that may be accruing from clause 10(d), be paid at overtime rates.

11. Roster of Hours

(a) The ordinary hours of duty prescribed by clause 10, Hours of Duty, shall be worked according to rosters which shall be exhibited at least 14 calendar days before the commencement date of the roster and shall show the hours of duty for the agreed roster period or 28 days, whichever is the greater.

(b) There shall be a minimum break of ten hours between shifts, except in case of an emergency or agreement between the Service and the employee.

(c) Subject to compliance with subclause (a) of this clause, the roster of an employee may only be altered by mutual agreement between the parties.

(d)

(i) A day off duty for employees working a roster other than a modified hours roster shall be 24 hours plus a minimum 6 hours between the shifts.

(ii) A day off duty for employees working a modified hours roster shall be 24 hours.

(iii) Where an employee’s normal rostered day off is cancelled by the Service, he or she shall be paid at overtime rates unless otherwise agreed between the parties.

(e) Where an employee is rostered to an allocated day off, that day off is to be shown on the roster.

(f) The rosters of shift workers shall provide for an equitable distribution of Saturday and Sunday work between employees working the same roster.

(g) The parties agree that changes to rosters that will significantly affect employees and/or that where a new branch station is opened there will be genuine consultation between the parties.

12. Employees on Call

(a)

(i) Time on call means time during which an employee who is rostered off duty is required to hold himself or herself in readiness to answer a call. In any one day where an employee answers telephone calls when not on call, he or she is to be paid for one hour at ordinary rates of pay.

(ii) Whilst no provision is made as to freedom from on call, it is the intention of the parties that employees should be free from call, as far as practicable, on at least 14 days in each roster cycle of 28 days.

(iii) The parties will review any situation where an employee is required to be consistently on call in excess of 14 days in each 28-day cycle.

(iv) A period of on call is to be regarded as commencing at the completion of duty on one rostered shift to the commencement of duty on the next rostered shift.

(v) Employees shall not be required to be on call during any part of a rostered day off duty, ie. from the end of the shift before the rostered period off duty and the commencement of the shift after the rostered period off duty.

(b)

(i) Time on call shall not be counted as time worked unless an employee is called to duty, in which case the employee shall be paid for a minimum of four hours at overtime rates for each time he or she is recalled; provided that where a second or subsequent call is received by an employee whilst he or she is still performing duties associated with the first call, he or she shall attend the second or subsequent call without additional payment, unless the total time exceeds four hours, in which case payment shall be made for the actual time worked at overtime rates.

(ii) Where an employee is on-call and is recalled to duty and such recall merges with the employees normal commencing time, such work shall attract overtime for the actual time worked and not a call out.

(iii) A call out shall be deemed to commence at the time the employee is tasked by the Operations Centre and shall be deemed to be complete when all duties associated with the case/s are complete.

(c) The provision of paragraph (i) of sub-clause (b) of this clause shall not apply to employees attached to One-Officer Branch Stations or to employees supplied with quarters as set out in subclause (b) of clause 37, Accommodation, who are recalled to duty but not required to leave the station, in which case, the employee shall be paid for the actual period or periods of duty in any one day a minimum of two hours at overtime rates.

(d)

(i) The weekly on-call allowance as set out in Item 4 of Table 3 - Allowances, of Part B, Monetary rates, shall apply in the following circumstances:

(1) Employees required by the Service to be on call on a roster other than a modified hours roster;

(2) Employees employed on or before 31 July 1988 who are required by the Service to be on call; or

(3) Employees who are required by the Service to be on call as part of a modified hours roster where the weekly on call allowance applies by agreement between the parties.

(ii) The daily on-call allowance as set out in Item 3 of the said Table 3 shall apply in all other circumstances where an employee is required by the Service to be on call.

(iii) The provisions of paragraphs (i) and (ii) of this subclause shall not apply to resident employees in One-Officer Branch Stations, as defined in subclause (a) of clause 37, Accommodation.

(iv) Payment of the on-call allowance shall not apply during periods of Annual Leave or Long Service Leave.

(e) If an employee who is rostered on call is required to respond to a call, he or she shall be reimbursed actual fares or expenses incurred in travelling to and from work, unless a service vehicle is provided for this purpose.

(f) If an employee rostered on call is required to use his or her own motor vehicle, then he or she shall be paid the specified journey rate as prescribed by clause 50 of the Public Sector Employment and Management (General) Regulation, 1996, as amended from time to time, for all kilometres travelled.

13. Overtime

(a) Subject to clause 12, Employees On-Call, all time worked in excess of the rostered hours on any one day shall be paid for at the rate of time and one-half for the first two hours and thereafter at the rate of double time, provided that overtime worked on a Public Holiday shall be paid for at the rate of double time and one-half.

(b) Overtime shall be computed on the wages prescribed by Table 1-Wages and Table 2 - Operations Centre Staff - Wages, of Part B, Monetary Rates, and the allowance prescribed by clause 12, Employees On Call, as compensation for time on-call shall be disregarded.

(d) Should an employee be required to work overtime for more than two hours before his or her normal commencing time, or after his or her normal ceasing time, he or she shall be paid a meal allowance as set out in Item 7 of Table 3 - Allowances, of Part B Monetary Rates, and shall be paid such allowance after every subsequent four hours of overtime worked.

(e) Where an employee is required to work a complete overtime shift, he or she shall be given the appropriate meal break for that shift. However, the meal penalty provision of subclause (c) of clause 10, Hours of Duty, shall not apply.

(f) For the purposes of assessing overtime, each day shall stand alone, provided however that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one day.

14. Time Off in Lieu of Overtime

(a) The parties agree that an employee who is required to work overtime outside normal rostered hours may be compensated by way of time off in lieu of payment for the overtime.

(b) This clause is subject to the following:

(i) Time off in lieu of overtime shall be in amounts equal to the period of overtime worked;

(ii) Time off in lieu of overtime must be taken within three months of the overtime being worked;

(iii) Where it is not possible for an employee to take time off in lieu of overtime within the three-month period, it is to be paid out at the appropriate overtime rate based on the rate of pay applying at the time payment is made;

(iv) The option of taking time off in lieu of overtime is subject to the active agreement of the Service management, so that it is conceivable that employees in one unit or location within the Service may be permitted to take time off in lieu of overtime but employees working in other locations and settings within the Service may not.

(v) Employees cannot be compelled to take time off in lieu of overtime;

(vi) Records of time off in lieu of overtime owing to employees and taken by employees must be maintained by the Service;

(vii) Time off in lieu of overtime shall be taken at a time which is mutually agreed to by the Service and the employee;

(viii) In making overtime available to employees the Service will not discriminate between those employees who elect to take time off in lieu of overtime in preference to those employees who elect to be paid for overtime in accordance with clause 12, Employees On Call, and/or clause 13, Overtime.

15. Allocated Days Off

(a)

(i) Employees who work on a roster other than a modified hours roster shall have their hours arranged to include a proportion of one hour (such proportion will be on the basis of 0.4 of one hour for each eight-hour shift worked) which shall accumulate towards the employees allocated day off duty on pay.

(ii) Unless otherwise agreed between the parties, each day worker, subject to paragraph (i) of this sub-clause, shall be free from duty for not less than two full days in each working week and at least one allocated day off in each 28-day period.

(iii) Unless otherwise agreed between the parties, each shift worker, subject to paragraph (i) of this subclause, shall be free from duty for not less than two full days in each week or four full days in each two working weeks and at least one allocated day off in each 28-day period, unless otherwise agreed between the Service and the employee.

(iv) The employee’s allocated day off duty prescribed in paragraph (i) of this subclause shall be determined by mutual agreement between the Service and the employee, having regard to the needs of the Service. Where practicable, such allocated day off duty shall be consecutive with the employee’s other days off duty.

(v) Once set, the allocated day off duty may not be changed in a current roster cycle unless there are genuine unforeseen circumstances prevailing or by mutual agreement between the Service and the employee. Where these circumstances exist and the allocated day off is changed, another day shall be substituted in the current cycle. Should this not be practicable, the day must be given and taken in the next cycle immediately following.

(vi) There shall be no accrual of credit towards an allocated day off for the first four weeks of ordinary annual leave taken in accordance with clause 25, Annual Leave. However, where an employee has accumulated sufficient time to take his or her allocated day off duty prior to entering on annual leave, and that day would have been taken if the employee had not gone on annual leave, it shall be allowed to the employee on the first working day immediately following the period of leave.

(vii) Where an employee has not accumulated sufficient time for an allocated day off prior to entering on annual leave, time in credit shall count towards taking the next allocated day off duty falling in sequence after the employee’s return to duty.

(viii) An employee entitled to allocated days off duty in accordance with paragraph (i) of this subclause shall continue to accumulate credit towards his or her allocated day off duty whilst on sick leave. Where an employee’s allocated day off duty falls during a period of sick leave, the employee’s available sick leave shall not be debited for that day.

(ix) Where an employee’s allocated day off duty falls due during a period of workers’ compensation, the employee, on returning to duty, shall be given the next allocated day off duty in sequence, irrespective of whether sufficient credit has been accumulated or not.

(x) Where a day worker’s allocated day off falls on a public holiday as prescribed by clause 27, Public Holidays, the employee shall be given the option of taking the next working day off as rostered or substituting another day in lieu thereof by mutual agreement with the Service.

(xi) Where a shift worker’s allocated day off falls on a special or additional public holiday, he or she shall be paid an additional day or half day’s pay, as the case may be, at ordinary rates.

(b)

(i) The parties agree that employees should have the capacity to accumulate up to three allocated days off (as measured at any one point of time). The limit on the accumulation means that any employee who has already accumulated three allocated days off must, subject to paragraph (iii) of subclause (a) of this clause, take the fourth allocated day off accruing to him or her as and when it falls due in accordance with the roster.

(ii) This sub-clause is subject to the following:

(1) Employees cannot be compelled to accumulate their allocated days off.

(2) The option of accumulating allocated days off is subject always to the active agreement of the Service so that it is conceivable that employees in one unit or location within the Service may be permitted to accumulate allocated days off but employees working in other locations and settings may not.

(3) Any allocated days off accumulated but not taken as the date of termination of employment shall be paid out at ordinary rates as part of the usual termination entitlements.

16. Special Events Coverage

(a) Employees will not be compelled to provide special events coverage.

(b) Whilst there is no exhaustive list of all the requirements for which the Service may wish to utilise "special events coverage", the parties agree that such requirement would typically be for special events and sporting fixtures such as public holiday celebrations, athletic events, Mardi-gras, local shows, VIP visits, sporting events, disaster exercises, public relations activities and local expositions.

(c) An employee who is scheduled to provide special events coverage will be compensated by payment at his or her ordinary hourly rate for the hours worked plus the appropriate penalty rates prescribed in clause 17, Penalty Rates for Shift Work and Weekend Work, in lieu of payment at overtime rates.

(d) Special events coverage shifts shall be between four and 14 hours in duration with a minimum payment of two hours in the event of cancellation on the day.

For the purposes of assessing an employee’s eligibility for payment, each day shall stand alone.

(e) Time worked as special events coverage shall stand alone and shall not be regarded as time worked for the calculation of hours of duty, annual leave, long service leave or any other provision contained within this Award.

(f) There shall be an equitable distribution (between employees) of special events coverage both in terms of the allocation of work amongst those employees offering their services and in terms of Saturday and Sunday work.

17. Penalty Rates for Shift Work and Week-End Work

(a) Employees working afternoon or night shifts shall be paid the following percentage in addition to the ordinary rate for such shift:

(i) Afternoon shift commencing at or after 10.00 am and before 1.00 pm - 10 per cent.

(ii) Afternoon shift commencing at or after 1.00 pm and before 4.00 pm - 12.5 per cent.

(iii) Night shift commencing at or after 4.00 pm and before 4.00 am - 15 per cent.

(iv) Night shift commencing at or after 4.00 am and before 6.00 am - 10 per cent.

(v) The additional payments prescribed under this subclause shall not form part of the employee's ordinary pay for the purpose of this Award.

(b) Employees whose ordinary working hours include work on a Saturday and/or Sunday shall be paid for ordinary working hours worked between midnight Friday and midnight on Saturday at the rate of time and one-half and for ordinary hours worked between midnight on Saturday and midnight on Sunday at the rate of time and three-quarters. These extra rates shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (a) of this clause.

(c) Employees who work overtime on Saturdays and Sundays shall be paid time and one half for the first two hours then at double time at the appropriate rate prescribed herein.

(d) The provisions of this clause shall not apply to work performed on a public holiday or special public holiday.

18. Vacancies and Promotion

(a) Advertisement of vacant positions shall be notified throughout the Service by regular vacancy circulars clearly displayed on notice boards at all ambulance stations and ambulance workplaces.

(b) Appointments shall be made on the basis of merit.

(c) The vacancy shall be filled from applications received, provided that the Service can re-advertise the position if necessary.

19. Appointment of Officers

(a) All employees appointed, excepting Trainee Patient Transport Officers, shall be appointed on probation for a period of twelve months from the date of their appointment or re-appointment to the Service. For Trainee Patient Transport Officers, the period of probation will be six months from the date of appointment or re-appointment to the Service.

(b) An employee engaged under this Award shall be engaged as a full time employee, a permanent part time employee or a temporary employee.

(c) Every employee will be provided with a position description as developed between the parties in accordance with paragraph (ii) of subclause (b) of clause 7, Work Arrangements, commensurate with his or her position, which he or she will be required to sign.

20. Termination of Employment

(a) Employment shall be terminated by two weeks notice in writing by either party or by the giving or forfeiting, as the case may be, of two weeks wages in lieu of notice.

(b)

(i) Employees with a credit of hours accrued towards an allocated day(s) off duty as prescribed by paragraph (i) of subclause (a) of clause 15, Allocated Days Off, shall be paid for such accrual upon termination.

(ii) Employees with a credit of hours accrued as a result of working a roster in accordance with subclause (a) of clause 10, Hours of Duty, shall be paid for such accrual upon termination.

(iii) Employees with a debit of hours accrued as a result of working a roster in accordance with subclause (a) of clause 10, Hours of Duty, shall reimburse the Service for such accrual upon termination.

(iv) Employees with a credit of hours accrued as a result of opting for time off in lieu of overtime in accordance with subclause (a) of clause 14, Time Off in Lieu of Overtime, shall be paid for such accrual upon termination at the appropriate overtime rate based on the rate of pay applying at the time of termination.

(c) The Service shall, upon request by the employee, give the employee a signed statement outlining the period of employment.

21. Travelling Time and Expenses

(a) Except where subclause (c) of clause 23, Relieving Other Members of Staff, an employee who is directed to report for duty at a station other than that to which he or she is appointed shall travel to and from such station in the Service’s time and the employee’s fares and incidental expenses shall be paid by the Service, unless otherwise agreed between the Service and the employee.

If such travel is undertaken outside rostered hours, the employee shall be reimbursed at ordinary rates for the time spent travelling in excess of the normal time taken to travel between his or her home and the station to which he or she is appointed.

(b) If an employee is rostered to a shift requiring him or her to work at more than one station in a working week, the employee’s fares in excess of the fares to the employee’s usual station shall be paid in full.

(c) Where an employee, with the prior approval of the Service, travels by the employee’s own motor vehicle, the employee shall be paid the specified journey rate as prescribed by clause 50 of the Public Sector Employment and Management (General) Regulation, 1996, as amended from time to time, for all kilometres travelled in excess of the kilometres that the employee would normally travel between the employee’s usual place of residence and the ambulance station designated as his or her base station and return to such residence.

(d) Travel, either by public transport or own mode of conveyance, shall in all instances be by the most direct route.

22. Travelling on Cases

(a) Where an employee is required to transport a case which involves eight hours or more travelling, the employee shall be paid all travelling expenses including meals and accommodation and, if not staying overnight at the point of turn around, shall be permitted a meal either before commencing or during the return journey.

(b) An employee required to have a meal away from his or her station will be paid a meal allowance as prescribed in Item 6 in Table 3 - Allowances, in Part B, Monetary Rates of this Award. This subclause does not apply to crib breaks taken by Trainee Patient Transport Officers and Patient Transport Officers under clause 10(d) of this Award.

(c) Where an employee is required to transport a case which involves two or more hours travelling the employee shall be entitled to a paid break of ten minutes duration each two hours.

(d) The ten-minute break prescribed by subclause (c) of this clause is not cumulative.

(e) No single officer transports will be allocated where it is reasonably expected that the travelling time of the round trip will be in excess of eight hours.

23. Relieving Other Members of Staff

(a) An employee called upon to relieve another employee paid on a higher scale shall be entitled to receive the minimum rate of the higher scale of pay. This provision shall not apply when an employee on a higher scale is absent from duty by reason of his or her allocated day off duty as a consequence of working a 38-hour week in accordance with paragraph (i) of subclause (a) of clause 15, Allocated Days Off. No reduction shall be made in the scale of pay of an employee called upon to relieve another paid on a lower scale. Where an employee is called upon to relieve a Superintendent, he/she shall be paid the minimum rate of the position so relieved.

(b) When an employee is called upon to relieve another employee stationed at a branch station and by so doing is required to live away from home, he or she shall be paid a living away from home allowance as set out in Item 5 of Table 3 - Allowances, of Part B, Monetary Rates. If the relieving employee is required to be on call, he or she shall be paid, in addition to the aforementioned amount, the amount specified in clause 12, Employees On-Call. If rent free accommodation is not available to the relieving employee, he or she shall be provided with board and lodgings free of charge, in which case the payment of the amount as set out in the said Item 5 shall not apply.

(c) The Service shall decide whether an employee travels to or from a relief in rostered hours. If the relief is to be accomplished outside rostered hours, the employee shall be reimbursed at ordinary rates for the time spent travelling in excess of the normal time taken to travel between his or her home and the station to which he or she is appointed.

24. Flexible Work Practices

The parties agree that the introduction of flexible work practices will not be utilised to reduce the level of equivalent full time employees employed by the Service as at 6 February 1998. The Service will ensure that all permanent part-time employees and all temporary employees are trained to the same level of competency as corresponding full-time employees. The parties shall monitor and review this clause over the life of this Award.

(a) Permanent Part-Time Employee -

(i) A permanent part-time employee is one who is permanently appointed by the Service to work a specified number of hours to a maximum of 32 hours per week, except in emergent or urgent circumstances.

(ii) Permanent part-time employees shall work in accordance with rosters exhibited in each station at least 14 days in advance of the commencing date of the roster and shall show the hours of duty for the agreed roster period or 28 days, whichever is the greater.

(iii) Permanent part-time employees shall be paid an hourly rate calculated on the basis of one thirty-eighth of the rate prescribed in Table 1 - Wages, or Table 2 - Operations Centre Staff - Wages of Part B, Monetary Rates, with a minimum payment of two hours for each start.

(iv) Permanent part-time employees shall be entitled to payment of the allowances prescribed by clause 35, Climatic and Isolation Allowance, in the same proportion as the average hours worked per week bear to full time hours.

(v) Employees engaged under this clause shall not be entitled to allocated days off as prescribed in clause 15, Allocated Days Off.

(vi) Employees engaged under this clause shall be entitled to all other benefits not otherwise expressly provided for herein at the same proportion as their ordinary hours of work bear to full-time hours.

(vii) All time worked by permanent part-time employees in excess of the rostered daily ordinary hours of work prescribed for the majority of full-time employees on that shift in the unit or section concerned shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

(viii) Time worked up to the rostered daily ordinary hours of work prescribed for a majority of the full-time employees employed on that shift in the unit or section concerned shall not be regarded as overtime but an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

(ix) The parties recognise that permanent part-time employment will provide flexible working arrangements for employees to cater for personal requirements such as family responsibilities.

(x) Permanent part-time employees will be required to undertake and successfully complete all the requirements applicable to full-time employees as defined in clause 5, Classifications.

(xi) The parties agree that permanent part-time Ambulance Officers shall meet the training requirements of Level 2 Officers current as at the making of this Award.

(b) Temporary Employees -

(i) A temporary employee engaged for a period of 14 consecutive days or less shall be paid for all time worked 20 per cent in addition to the minimum hourly rates prescribed for the classification in which he or she is employed.

(ii) No temporary employee shall be paid less than eight hours pay for any one shift.

(iii) All time worked in excess of ordinary hours or rostered shift by a temporary employee shall be paid for at overtime rates of pay.

(iv) Temporary employees will be required to undertake and successfully complete all the requirements applicable to full-time employees as defined in clause 5, Classifications.

(i) Where the Service’s prior consent is given to swap a shift, the employee working the shift shall record the working of that shift on his or her or time sheet with payment made accordingly.

(ii) Shift swaps should only occur on the basis that each employee maintains a 38 hours per week average.

(iii) Where a shift is to be paid back it shall be done in the current agreed roster period or, where this is not practical, within the following agreed roster period, or in a future roster period approved by the Service.

25. Annual Leave

(a)

(i) Annual Leave shall be granted on completion of each 12 months service as follows:

(1) Day Worker (as defined in clause 4, Definitions) - four weeks leave on full pay.

(2) Shift Worker (as defined in clause 4, Definitions) but who is not required to work public holidays - five weeks leave on full pay.

(3) Shift Worker (as defined in clause 4, Definitions) who has not been required to successfully complete the requirements for appointment to an Ambulance Officer position - five weeks leave with seven weeks pay.

(4) Shift Worker (as defined in clause 4, Definitions) who has or is required to successfully complete the requirements for appointment to an Ambulance Officer position - six weeks leave with eight weeks pay. (The leave entitlement in this sub-paragraph commenced accrual on 4 February 2002)

(ii) The parties agree that during the life of this Award there will be continuing discussions between the parties in relation to annual leave provisions for employees employed as shift workers and that the Award may be varied by consent to incorporate any agreed variations to the Award.

(b) In the event that an employee’s employment has changed from a seven day per week basis to a Monday to Friday basis or vice versa, than annual leave shall be calculated on a pro rata basis.

(c) It is admitted by the parties that two weeks pay has been provided to those employees to whom subparagraph (3) and (4) of paragraph (i) of subclause (a) of this clause applies in lieu of and in consideration of public holidays being worked by such employees or which have occurred on a rostered day off.

(d) To the leave prescribed by paragraph (1) of paragraph (i) of subclause (a) of this clause, there shall be added one working day for each public holiday or special public holiday or one half working day for each half public holiday or special half public holiday which occurs during a period of annual leave.

(e)

(i) Annual leave shall be given and shall be taken within a period of six months after the date when the right to annual leave accrued, provided that the giving and taking of such leave may be postponed by mutual agreement between the parties for a further period not exceeding six months.

(ii) Annual leave shall be granted on a rotating roster basis, provided that such rotation complies with paragraph (i) of this subclause.

(iii) An employee shall be eligible for annual leave when 12 months have elapsed since the date on which the last annual leave would have begun if taken immediately it had become due, or if the employee has not previously had annual leave since the commencement of the employment.

(iv) Nothing in this subclause shall prevent the Service, by agreement with the employee, from allowing annual leave to an employee before the right thereto has accrued, but where leave is taken in such a case a further period of annual leave shall not commence to accrue until the expiration of the twelve months in respect of which annual leave was taken before it accrued. Provided that any leave taken by an employee under this paragraph shall not exceed the amount of proportionate annual leave standing to the credit of the employee at the time of entering upon such leave.

(v) At least six months notice shall be given to employees of the date on which they shall take their annual leave. Where an employee has been notified that he or she is to take his or her normal leave at a specified time and that time is thereafter altered by the Service, the employee shall be reimbursed any actual losses which result to him or her to the extent to which deposits paid for travel and/or accommodation are not refunded.

(vi) Employees may exchange/split annual leave by mutual arrangements with the approval of the Service, provided that such exchange complies with paragraph (i) of this subclause.

(f) Each employee before going on annual leave shall be paid for the period of the leave at the ordinary rate of wage to which he or she is entitled under this Award and such payment shall be made before the employee commences annual leave.

(g) Notwithstanding the provisions of subclause (f) of this clause, the Service agrees, subject to at least 28 days prior written authorisation by the employee, to pay the employee’s annual leave entitlements on a fortnightly basis which coincides with the normal fortnightly pay period.

(h) Where the employment of an employee is terminated the employee shall be entitled to receive a proportionate payment in respect of service of less than one year, at the weekly wage to which such employee is entitled under this Award.

(i) Credit of time towards an allocated day off duty as prescribed in clause 15, Allocated Days Off, shall not accrue when an employee is absent during their four weeks annual leave as provided for under the terms of the Annual Holidays Act, 1944. However, employees entitled to allocated days off duty in accordance with the said clause 15 shall accrue credit towards an allocated day off duty in respect to any additional periods of annual leave which is granted to employees in excess of the abovementioned four weeks.

26. Annual Leave Loading

(a) Employees who, under the Annual Holidays Act 1944, become entitled to annual leave under this clause shall be paid in respect of such leave an annual leave loading of 17.5 per cent of the appropriate ordinary weekly rate of pay prescribed by clause 8, Wages, for the classification in which the employee was employed immediately before commencing his or her annual leave. The 17.5 per cent annual leave loading will apply only to the payments associated with actual periods of annual leave as per clause 25(a)(i)(1)-(4) and provided further that in no instance is the calculated amount to exceed $1,112.30.

(b) Such loading is payable in addition to the pay for the period of leave given and taken and due to the employee under this Award.

(c) No loading is payable where the annual leave is taken wholly or partly in advance; provided, however, that if the employment of such an employee continues until the day upon which he would have become entitled under this clause to such annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated in accordance with the rate of wages applicable on such day.

(d) Where the employment of an employee is terminated by the Service for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of the annual leave to which he or is entitled, he or she shall be paid the loading provided for in subclause (a) of this clause for the period not taken.

(e) Except as provided by subclause (d) of this clause, no loading is payable on the termination of an employee’s employment.

(f) Where a shiftworker is given and takes annual leave, he or she shall be paid the loading set out in subclause (a) of this clause; provided that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special public holiday) which the employee would have worked during the period of leave exceeds the loading calculated in accordance with subclause (a), then that amount shall be paid to the employee in lieu of the loading.

(g) The annual leave loading or the shift penalties, whichever is appropriate, shall be paid before the employee commences annual leave.

(h) Notwithstanding the provisions of subclause (g) of this clause, the Service agrees, subject to at least 28 days prior written authorisation by the employee, to pay the employee’s annual leave Loading or shift penalties on a fortnightly basis which coincides with the normal fortnightly pay period.

27. Public Holidays

(a) For the purpose of this clause, the following shall be public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Local Labour Day, Christmas Day and Boxing Day.

(b)

(i) An employee to whom subparagraph (1) and (2) of paragraph (i) of subclause (a) of clause 25, Annual Leave, applies and who is required to and does work on a public holiday or a special public holiday shall be paid for the time actually worked on such holiday at the rate of double time and a half.

(ii) An employee to whom subparagraph (3) and (4) of paragraph (i) of subclause (a) of the said clause 25 applies and who is required to and does work on a public holiday shall be paid in addition to the appropriate ordinary weekly rate of pay prescribed in Table 1 - Wages or Table 2 - Operations Centre Staff - Wages, of Part B, Monetary Rates, at the rate of one half time extra for the rostered time actually worked on such public holiday.

(iii) For the purpose of paragraphs (i) and (ii) of this subclause, the hourly rate of pay shall be one thirty-eighth of the appropriate ordinary weekly rate of pay prescribed in the said Table 1 or Table 2.

(c) Special holidays proclaimed for any city or town are to be granted or equivalent payment made in lieu thereof to employees, either day workers or shift workers, employed in stations located in such city or town. Equivalent payment means double time and one-half.

Where a shiftworker’s rostered day off falls due on such day, he or she shall be paid, in addition to his appropriate weekly rate of pay, an extra day or half days pay at ordinary rates, whichever is applicable.

(d) In addition to those public holidays specified in subclause (a) of this clause, employees shall be entitled to an extra public holiday each year. Such public holiday will occur on a date which is agreed upon between the Union and the Corporation and shall be regarded for all purposes of this clause as any other public holiday.

Where a shiftworker’s rostered day off or annual leave falls due on such a day, he or she shall be paid, in addition to his or her appropriate weekly rate of pay, an extra days pay at ordinary rates.

The foregoing will not apply in areas where, in each year, a day, in addition to the ten named public holidays specified in subclause (a) is proclaimed and observed as a public holiday and will not apply in areas where, in each year, at least two half days, in addition to the ten named public holidays specified in subclause (a) are proclaimed and observed as half public holidays.

Provided further, that in areas where, in each year, only one half day, in addition to the ten named public holidays specified in subclause (a) is proclaimed and observed as a half public holiday for the purposes of this Award, the whole day will be regarded as a public holiday and no additional public holiday will be observed which would otherwise apply as a result of this subclause.

28. Personal/Carer’s, Family and Community Services Leave

Employees shall be granted personal/carer’s and family and community services leave on such terms and conditions prescribed by the Corporation’s Policy Directive 2005_431 (refer to Schedule B - Personal/Carer’s Leave, Family and Community Services Leave).

29. Maternity, Adoption and Parental Leave

Employees shall be granted Maternity, Adoption and Parental Leave on such terms and conditions prescribed by the Service’s Instructional Circular 05/16.

30. Child Care

The parties agree to work together to examine methods of addressing the child care needs of employees within 12 months of the making of this Award.

31. Study Leave

Employees shall be granted study leave on such terms and conditions prescribed by the Service’s Instructional Circular 96/4 (refer to Schedule C - Study Leave).

32. Trade Union Leave

Employees shall be granted trade union leave on such terms and conditions prescribed by the Corporation’s Policy Directive 2005_428 (refer to Schedule D - Paid Trade Union Leave).

33. Long Service Leave

(a) Employees shall be granted long service leave on such terms and conditions as may be applicable from time to time to employees employed under the provisions of the Public Sector Employment and Management Act 2002, and the regulations made thereunder. This includes the taking of long service leave on half pay.

(b) Where an employee has accrued a right to an allocated day off duty on pay prior to entering a period of long service leave, such day shall be taken on the next working day immediately following the period of long service leave.

(c) An employee returning to duty from long service leave shall be given the next allocated day off duty in sequence, irrespective of whether sufficient credits have been accumulated or not.

34. Sick Leave

(a) If the Service is satisfied that an employee is unable to perform his or her duties on account of illness, not attributable to the employee's misconduct, it shall grant to such employee leave of absence on full pay for a period or periods as follows:

(i) All employees shall be entitled to sick leave for a period or periods not exceeding in the aggregate 114 hours in any period of 12 months.

(ii) In the event of an employee not taking the full period of 114 hours in any period of 12 months, the untaken period of such leave shall accumulate.

A maximum of 76 hours of the untaken hours in each period of 12 months shall accumulate in respect of available sick leave which accumulated prior to 20 June 1980.

(iii) Periods of less than 38 hours shall not be re-credited to employees who are sick whilst on annual leave or long service leave.

(b)

(i) The Service shall not, with the sole object of avoiding obligations under this clause, terminate the services of an employee who is unable to perform his or her duties on account of illness and who is entitled to sick leave under this clause.

(ii) The employee shall notify the Service, where practicable, of his or her inability to attend for duty at least four hours but in any case no less than one hour before the commencement time of duty and inform the Service, as far as possible, the estimated duration of same.

(c) All periods of sickness shall be certified by a legally qualified medical practitioner, provided however, that the Service may dispense with the requirements of a medical certificate where the absence does not exceed two consecutive days or where, in the Services opinion, circumstances are such as not to warrant such requirements.

(d) 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, the Service 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-time hours. On the expiration of available sick leave, weekly compensation payments only shall be payable.

(e) Any accumulation of sick leave standing to the credit of an employee as at 6 February 1998 shall be added to the leave which is accumulated pursuant to paragraph (ii) of subclause (a) of this clause.

35. Climatic and Isolation Allowance

(a) Subject to subclause (b) of this clause, employees attached to ambulance stations situated upon or to the west of a line drawn as herein specified, shall be paid the allowance specified in Item 8 of Table 3 - Allowances, of Part B, Monetary Rates, 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.

(b) Employees attached to ambulance stations situated upon or to the west of a line drawn as herein specified shall be paid the allowance asset out in Item 9 of the said Table 3, in addition to the salary to which they are otherwise entitled. The line shall be drawn as follows, viz:

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.

(d) 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.

36. Uniforms

(a)

(i) The Service shall provide each new employee with sufficient, suitable and serviceable uniforms as agreed to by the Service and the Union as at 6 February 1998.

(ii) Any proposals that will alter the list of uniform items agreed to as at the 6 February 1998 shall be the subject of genuine consultation between the parties.

(iii) Uniforms provided shall be replaced by the Service upon condemnation in equivalent numbers.

(iv) The Service shall provide any other special clothing which the Service requires an employee to wear.

(v) Articles of uniform and special clothing issued under paragraphs (i) and (iv) of this subclause remain the property of the Service and shall be returned by the employee upon request by the Service.

(b) Any request for uniform replacement by the Service or an employee will not be unreasonably refused.

37. Accommodation

(a) One-Officer Branch Stations - As compensation for time on-call, employees shall be given accommodation rent free and shall be supplied, without charge, with fuel and light. The on-call allowance as set out in paragraphs (i) and (ii) of subclause (d) of clause 12, Employees On Call, shall not apply.

Employees shall be given relief from duty from duty for not less than two full days in each working week or four full days in each two working weeks, unless otherwise agreed between the parties, and shall be paid the maximum rate prescribed by this Award for Ambulance Officers.

Days of relief from duty for an employee who works on a roster other than a modified hours roster may be accumulated by mutual arrangement between the employee and the Service up to a maximum of eight days. Nothing in this subclause shall be deemed to prohibit an employee in a one-officer branch station from temporarily leaving the station at times when he or she is rostered on duty or on-call after having made arrangements satisfactory to the Service for the proper carrying on by him or her of the service during the temporary absence.

(b) Two-Officer Branch Stations - If an employee is supplied with quarters attached to an ambulance station, the maximum weekly rent shall not exceed the weekly on-call allowance specified in Item 4 of Table 3 - Allowances of Part B, Monetary Rates.

(c) Rental for all other employees will be subject to such terms and conditions prescribed by the Corporation’s Policy Directive 2005_089 (refer to Schedule E - Rental and Management Aspects of Public Sector Housing).

(d) Where an employee is provided with accommodation and is transferred or resigns, he or she shall be given not less than four weeks notice to vacate such accommodation, such notice to take effect from the date of notification of transfer or resignation.

38. Lockers and Showers

(a) The Service shall provide for the use of the employees hot and cold showers and washbasins and for each employee a locker with suitable hanging facilities. Lavatory accommodation, when situated in shower or locker rooms, shall be effectively partitioned there from.

(b) Lockers may only be opened for inspection in the presence of the employee but in cases where the employee neglects or refuses to be present or in any circumstances where notice to the employee is impracticable such inspection may be carried out in the absence of the employee by an employee of the Service appointed by the Chief Executive Officer, or his or her nominee, and if practicable an Union Sub-Branch Officer, otherwise by any two employees of the Service, one of whom is nominated by the Union

39. Benefits Not to be Withdrawn

Except in so far as altered expressly or by necessary implication, nothing in this Award shall, in itself, be deemed or be construed to reduce the wages of any employee at the date of the commencement of this Award.

40. Payment and Particulars of Wages

(a) Wages shall be paid fortnightly by electronic transfer.

(b) On each pay day, employees shall be furnished with a statement showing the gross amount of ordinary wages and overtime, together with separate details of all deductions.

(c) Overtime and penalty rates shall be paid within one week from the pay day succeeding the day or days on which such overtime or penalty rates were worked.

(d) Employees shall have their salary paid into one account with a bank or other financial institution in New South Wales, as nominated by the employee, except where agreement as to another method of payment has been reached between the Union and the Service due to the isolation of an ambulance station. Salaries shall be deposited by the employer in sufficient time to ensure that wages are available for withdrawal by employees no later than pay day; provided that this requirement shall not apply where employees nominate accounts of non-bank financial institutions which lack the technological or other facilities to process salary deposits within 24 hours of the employer making their deposits with such financial institutions, but in such cases the employer shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than pay day.

41. Issues Resolution

(a) The parties must:

(i) Use their best endeavours to cooperate in order to avoid grievances and disputes arising between the parties or between the Service and individual employee(s); and

(ii) Abide by the procedures set out in this clause to resolve any issue which might arise; and

(iii) Place emphasis on negotiating a settlement of any issue at the earliest possible stage in the process.

(b) In this clause, "issue" means any question, issue, grievance, dispute or difficulty which might arise between the parties about:

(i) The interpretation, application or operation of this Award; or

(ii) Any allegation of discrimination in employment within the meaning of the Anti-Discrimination Act 1977 which is not covered by established policies and procedures applicable to the Service, regardless of whether the issue relates to an individual employee or to a group of employees.

(c) Any issue, and in the case of a grievance or dispute, any remedy sought, must be discussed in the first instance by the employee(s) (or the Union on behalf of the employee(s) if the employee(s) so request) and the immediate supervisor of that employee(s).

(d) If the issue is not resolved within a reasonable time, it must be referred by the employee(s) immediate supervisor to his or her supervisor (or his or her nominee) and may be referred by the employee(s) to the Union Organiser for the Service. Discussions at this level must take place and be concluded within two working days of referral or such extended period as may be agreed.

(e) If the issue remains unresolved, it may be referred by any of the parties to more senior officials of the Union who must then confer with the Chief Executive Officer (and/or his/her nominee(s)) of the Service. The conclusions reached by those representatives must be reported to the parties within two working days of referral or such extended periods as may be agreed.

(f) If these procedures are exhausted without the issue being resolved, or if any of the time limits set out in those procedures are not met, parties may seek to have the matter mediated by an agreed third party, or the matter may be referred, in accordance with the provisions of the Industrial Relations Act 1996, to the Industrial Relations Commission of New South Wales for its assistance in resolving the issue.

(g) Unless agreed otherwise by the parties, the status quo must continue whilst these procedures are being followed. For this purpose "status quo" means the work procedures and practices in place:

(a) Immediately before the issue arose; or

(b) Immediately before any change to those procedures or practices, which caused the issue to arise, was made.

The Service must ensure that all practices applied during the operation of these procedures are in accordance with safe working practices.

(h) Throughout all the stages of these procedures, adequate records must be kept by the parties of all discussions.

(i) These procedures are to be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

(j) All matters in dispute arising out of the application of this Award may be referred to a disputes committee consisting of not more than six members with equal representatives of the Service and the Union. Such committee shall have the power to investigate all matters in dispute and report to the Service and the Union, respectively, with such recommendation as it may think right and, in the event of no mutual decision being arrived at by the Committee, the matter in dispute may be referred to the Industrial Relations Commission of New South Wales.

42. Anti-Discrimination

(1) It is intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act, 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

(3) 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.

(4) 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.

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

NOTES -

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

43. No Extra Claims

The Memorandum of Understanding between the Health Administration Corporation and the Union dated 24 December 2004 establishes the extent of any further claims that may be pursued by the Union as set down in Clause 5, Allowable and No Extra Claims, of that Memorandum.

44. Union Subscriptions

The Service agrees, subject to prior written authorisation by the employee, to deduct Union Subscriptions from the pay of the authorising employee.

45. Union Notice Boards

Each ambulance station and ambulance workplace shall permit a notice board of reasonable dimensions to be erected in a prominent position upon which the Union representatives shall be permitted to post Union notices.

46. Reasonable Hours

(i) Subject to sub-clause (ii) an employer may require an employee to work reasonable overtime at overtime rates.

(ii) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

(iii) For the purposes of sub-clause (ii) what is reasonable or other wise will be determined having regard to:

(a) Any risk to employee health and safety.

(b) The employee’s personal circumstances including any family and carer responsibilities.

(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.

47. Exemptions

(a) On and from 25 November 1977, in respect of conditions of employment relating to meals, meal breaks, on-call, Sunday penalty rates, annual leave, annual leave loading, sick leave, Relieving other members of staff, hours, working week and the issue of shoes or boots, gauntlets or gloves for employees attached to the former Hunter Region Ambulance District (as delimited by the New South Wales Ambulance Transport Service Board at a meeting held on 8 February 1963), reference is to be made to Determinations of the Health Commission dated 25 November 1977 and 14 December 1979.

For the purposes of this, the Hunter Ambulance District shall mean the Hunter Ambulance District as delimited by the New South Wales Ambulance Transport Service Board at a meeting held on 8 February 1963, viz:

Commencing on the coast between Munmorah Lake and Tuggerah or Budgewoi or Middle Lake, thence in a westerly direction to the northern shore of Tuggerah or Budgewoi or Middle Lake, thence by the northern shore of that Lake (including Budgewoi, Halekulani and Buff Point) to Wallarah Creek, thence in a straight line to the junction of the MacDonald River and Yengo (or Boree) Creek, thence by the MacDonald River in a northerly direction to where it joins the Wareng (or Howes Valley) Creek, thence by the Big Broken Back Range to Payne’s Crossing, thence in a straight line to "Mistletoe", thence by the road to Belford Railway Station, thence by the Main Northern Railway line to Black Creek and by the road from Stanhope to Cranky Corner and then by the road to "The Pass", thence by a straight line to Mount Royal, thence in a straight line to Eccleston, thence by the road to Salisbury Gap, then on to (but excluding) Salisbury, thence by the Wallorobba Range to the Railway Gates on the North Coast Railway Line, thence by the road to Wallarobba, thence by the most direct road to where it meets the Dungog-Clarencetown Road south of Brookfield, thence by that road to the bridge over the Williams River at Clarencetown (including Clarencetown), thence by that road to a point one mile south of Limeburners Creek, thence by a straight line to Dark Point on the coast, thence by the coast to the point of commencement.

(b) This exemption shall only apply to those employees employed as such immediately prior to 14 October l992.

48. Area, Incidence and Duration

(a) This Award rescinds and replaces the Operational Ambulance Officers (State) Award published 10 July 1998 (305 IG 905) and all variations thereof.

(b) It shall apply to all employees, as defined in this Award, employed by the Ambulance Service of New South Wales, excluding the County of Yancowinna, and shall regulate the terms and conditions of employment of such employees.

PART B

MONETARY RATES

Table 1 - Wages

Classification	Rate from	Rate from	Rate from
	1.7.2005	1.7.2006	1.7.2007
	4%	4%	4%
	$	$	$
PATIENT TRANSPORT
OFFICER
Trainee & Year 1	667.50	694.20	722.00
Year 2	697.40	725.30	754.30
AMBULANCE
OFFICER
Trainee & Year 1	732.40	761.70	792.20
Grade 1
Year 1	753.20	783.30	814.60
Year 2	767.60	798.30	830.20

Grade 2
Year 1	788.50	820.00	852.80
Year 2	803.50	835.60	869.00
Year 3	816.80	849.50	883.50
Year 4	831.70	865.00	899.60
Year 5	847.20	881.10	916.30
Year 6	860.90	895.30	931.10
Year 7	876.00	911.00	947.40

STATION OFFICER
Grade 1	926.40	963.50	1,002.00
Grade 2	942.20	979.90	1,019.10

DISTRICT OFFICER	973.30	1,012.20	1,052.70
AEROMEDICAL	1,106.90	1,151.20	1,197.20
OPERATIONS
OFFICER

AMBULANCE
TECHNICAL
EDUCATOR
Year 1	986.60	1,026.10	1,067.10
Year 2	1,020.00	1,060.80	1,103.20
Year 3	1,060.50	1,102.90	1,147.00
Year 4	1,099.10	1,143.10	1,188.80

AMBULANCE
CLINICAL
EDUCATOR
Year 1	1,244.20	1,294.00	1,345.80
Year 2	1,290.50	1,342.10	1,395.80
Year 3	1,337.50	1,391.00	1,446.60
Year 4	1,383.90	1,439.30	1,496.90

Table 2 - Operations Centre Staff - Wages

Classification	Rate from 1.7.2005	Rate from 1.7.2006	Rate from 1.7.2007
	4%	4%	4%
	$	$	$
AMBULANCE
OPERATIONS
CENTRE OFFICER
Trainee and Year 1	791.00	822.60	855.50
Year 1	813.40	845.90	879.70
Year 2	829.10	862.30	896.80

AMBULANCE
OFFICER
(OPERATIONS
CENTRE)
Grade 1
Year 1	813.40	845.90	879.70
Year 2	829.10	862.30	896.80
Grade 2
Year 1	851.60	885.70	921.10
Year 2	867.80	902.50	938.60
Year 3	882.00	917.30	954.00
Year 4	898.20	934.10	971.50
Year 5	915.00	951.60	989.70
Year 6	929.90	967.10	1,005.80
Year 7	946.10	983.90	1,023.30

DUTY OPERATIONS
CENTRE OFFICER,
OPERATIONS	1,080.50	1,123.70	1,168.60
CENTRE (DOCOOC)
SENIOR DUTY
OPERATIONS
CENTRE OFFICER,
OPERATIONS	1,113.50	1,158.00	1,204.30
CENTRE (SOCOOC)
STATION OFFICER,
OPERATIONS
CENTRE (SOOC)
Grade 1	1,000.60	1,040.60	1,082.20
Grade 2	1,017.60	1,058.30	1,100.60

Table 3 - Allowances

Item. No	Clause No.	Brief Description	Rate	Rate	Rate
			from	from	from
			1.7.2005	1.7.2006	1.7.2007
			$	$	$
1	5	Specialist Allowance	29.30	30.50	31.70
2	5	Paramedic Allowance	86.40	89.90	93.50
3	12	On-call Allowance (daily)	14.20	14.80	15.40
4	12	On-Call Allowance (weekly)	56.90	59.20	61.60
5	23	* Living Away From Home Allowance	74.45	74.45	74.45
6	22	* Travelling Meal Allowance	13.25	13.25	13.25
7	13	* Overtime Meal Allowance	13.25	13.25	13.25
8	35 (a)	*Climatic and Isolation Allowance	4.30	4.30	4.30
9	35 (b)	*Climatic and Isolation Allowance	8.70	8.70	8.70
10	5	Advanced Life Support Allowance	60.60	63.00	65.50
11	5	Rescue (standby) Allowance	9.80	10.20	10.60
12	9 (a)	Ambulance Studies Certificate Allowance	17.20	17.90	18.60
13	9 (a)	Duty Operations Centre Officer-Air Ambulance	9.80	10.20	10.60
		(Transitional Allowance applicable only to
		officers employed as Air Ambulance Co-
		ordination Officers as at 6 February 1998).

* These rates move independently to award increases.

Table 4 - Additional Allowances - Uniformed Operations Centres Staff

Item No.	Clause	Brief Description	Rate	Rate	Rate
			from	from	from
			1.7.2005	1.7.2006	1.7.2007
			$	$	$
1	5	Operations Centre (standby) Allowance	15.70	16.30	17.00
2	9 (a)	Operations Centre Allowance (This Allowance	62.60	65.10	67.70
		is only applicable to Ambulance Officer Grade
		1 & 2, Station Officer Grade 1 & 2 and District
		Officers. Such an allowance is cumulative on
		other allowances paid to the employee at the
		time.)

SCHEDULE - A

Payment of Shift Penalties and Other Work Related Allowances Whilst Subject to Misconduct/Disciplinary Inquiries

("Misconduct/Disciplinary Inquiries Payment of Shift Penalties/Other Work Related Allowances" -

Corporation’s Policy Directive 2005_095)

The Public Employment Office has issued Circular 96-35 advising of the new arrangements for the payment of shift penalties to employees who are transferred to other duties while a disciplinary inquiry is being held, but who are found not to be guilty of the matter which led to the inquiry.

The new arrangements have been developed in consultation with a number of public sector organisations, the Labor Council and public sector unions. The new arrangements are as follows:

Where an employee, who is engaged as a shift worker on a permanent or regular basis or has worked shift work regularly for the previous 3 months, is subject to a disciplinary inquiry or misconduct investigation and is:

(1) Allocated alternative duties pending the outcome of the disciplinary inquiry or the misconduct investigation;

(2) Placed on duties which result in loss of shift penalties and other allowances; and

(3) Subsequently advised that there is no finding of guilt against them,

then the employee is to be reimbursed for the loss of shift penalties and other allowances that relate to work or conditions. The reimbursement is to be based on the average of any shift penalties and other work related allowances for the preceding 6 months or, if the period of shift work is less than 6 months, the average for the period worked.

The new arrangements are to be implemented from the date of this circular.

The following examples are provided to assist in clarifying these directions:

Example 1 - Where an employee who is not normally rostered to work shift work is requested to and agrees to work shift work for a specified period (ie. less than 3 months), is subject to a disciplinary inquiry and is returned to normal hours, and following the disciplinary inquiry is found not guilty, then no reimbursement is to be made for the loss of earnings for shift penalties and other work related allowances.

Example 2.-.Where an employee who is not normally rostered to work shift work is requested to and agrees to work shift work for a specified period (i.e., more than 3 months), is subject to a disciplinary inquiry and is returned to normal hours, and following the disciplinary inquiry if found not guilty, then reimbursement should be made for the loss of earnings for shift penalties and other work related allowances based on the average for the preceding 6 months or lesser period where applicable.

Example 3.-.Where an employee who is employed on a permanent basis to regularly work shift work but has worked shift work for less than 3 months, is subject to a disciplinary inquiry and is returned to normal hours and, following a disciplinary inquiry, is found not guilty, then the employee should be reimbursed for the loss of shift penalties and other allowances based on the average for the period employed.

John Wyn Owen

Director-General

SCHEDULE - B

Personal/Carer's Leave, Family and Community Service Leave

("Leave - Personal/Carer's Leave/Family and Community Service Leave - PHO’s and Ambulance Service" -

Corporation’s Policy Directive 2005_431)

This circular is applicable to the Area/Rural Health Services, Public Hospitals, Ambulance Service, Royal Alexandra Hospital for Children (New Children's Hospital) and Corrections Health. It replaces the Department's previous circular on Family and Community Service Leave, circular 95/36, issued on 24 May 1995. It also replaces previous circulars dealing with Compassionate Leave (88/228 and 89/99).

On 11 February 1997 the Public Sector Management Office (PSMO) of the Premier's Department issued a new Determination, developed in consultation with the Labor Council and public sector unions, dealing comprehensively with Family and Community Service (FACS) Leave, Personal/Carer's Leave and the flexible use of other leave entitlements for public servants.

NSW Health has consulted the PSMO and Labor Council and had regard to the above Determination in developing the following arrangements, which include appropriate modifications to reflect the more generous FACS provisions currently applying in the health system. In line with the PSMO Determination, the FACS and Personal/Carer's Leave entitlements and associated arrangements set out in the attachment to this circular are to take effect from 30 August 1996, the date of the Industrial Relations Commission judgment in the State Personal/Carer's Leave Test Case.

FACS Leave and Personal/Carer's Leave are separate and stand alone entitlements. FACS Leave and Personal/Carer's Leave are available to all employees other than casuals.

FACS Leave is available:

For a range of personal reasons encompassing family responsibilities; or

For the performance of community service; or

For cases of pressing necessity.

Personal/Carer's Leave is available:

To provide care and/or support for sick members of the employee's family or household;

To provide for the flexible use of other entitlements.

With Personal/Carer's Leave employees are able to access current and up to 3 years accrued sick leave entitlements to care for a sick dependant.

There are also facilitative provisions in the new arrangements which are available to assist employees to reconcile work and family responsibilities by providing access to annual leave, time off in lieu of payment of overtime and "make-up" time. Access both to paid sick leave and time off in lieu of payment of overtime is specifically for the purpose of caring for a prescribed person.

Additional FACS Leave for Bereavement Purposes - Where FACS Leave has been exhausted, additional paid leave of up to two days may be granted on a discrete "per occasion" basis to an employee on the death of a family member as defined in clause 1.

Flexible Work Practice Alternatives to Using FACS or Personal/Carer's Leave

As an alternative to, or to be used in conjunction with FACS or Personal/Carer's Leave, are work practices that permit employees to vary their work arrangements to attend to short term family responsibilities or community service.

Health service organisations are to implement, where practicable, policy and procedures as defined in clause 4, "Use of make-up time", whereby employees have available to them the opportunity to:

(i) Be absent from the workplace for short periods of time (eg. two hours) and be able to make up the time either earlier or later on the same day or during the following week or month;

(ii) Exchange shifts or part-shifts with co-workers.

Implementation

All industrial instruments will be varied in due course to include reference to the above FACS and Personal/Carer's Leave arrangements and, where applicable, to remove inconsistent, redundant or inferior award provisions dealing with leave previously used for such purposes.

Any costs resulting from these new arrangements will need to be met from within existing resources.

PSMO Review of Personal/Carer's Leave in the Public Sector

In view of the Industrial Relations Commission's intention to review the operation of the August 1996 State Personal/Carer's Leave standard clause and general orders, the PSMO is to undertake a comprehensive review of the implementation of FACS and personal/carer's leave in the public sector. The PSMO review is to particularly focus on the extent to which sick leave is accessed by public sector employees for the purpose of caring for a sick person.

Area Health Services/Hospitals and Ambulance Service should ensure they have appropriate systems in place to enable the implementation and ongoing operation of personal/carer's leave and the continued operation of FACS Leave to be monitored. These systems will not only facilitate EEO reporting requirements but should also enable the demand for both forms of leave, and the cost of meeting that demand for the NSW Health System, to be properly assessed. Such information will be vital in any review of the operation of these leave provisions.

Any enquiries concerning this circular should be directed by hospitals/health units to the Health Service in the first instance. Only Health Service human resources personnel should contact the Department directly concerning the abovementioned.

Michael Reid

Director-General

NSW Health System

Family and Community Service Leave, Personal/Carer's Leave and flexible use of other leave entitlements

1. Family and Community Service Leave

1.1 Family and Community Service Leave - General

(i) For the purposes of this clause:

(1) "Relative" means a person related by blood, marriage or affinity;

(2) "Affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

(3) "Household" means a family group living in the same domestic dwelling.

(ii) The appropriate CEO may grant family and community service leave to an employee:

(a) To provide care and/or support for sick members of the employee's relatives or household; or

(b) 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 no element of emergency; parent/teacher meetings; education week activities; to meet elder-care requirements of a relative); or

(c) 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 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

(d) 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).

(iii) Family and Community Service Leave replaces Compassionate Leave.

(iv) An employee is not to be granted family and community service leave for attendance at court to answer a criminal charge, unless the appropriate CEO approves the grant of leave in the particular case.

Management should assess applications for family and community service leave to attend court for reasons other than criminal charges (ie. Family Court), on an individual basis.

1.2 Family and Community Service Leave - Entitlement

(i) The maximum amount of family and community service leave on full pay that may be granted to an employee is:

(a) Three (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

(b) One (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 family and community service leave already taken by the employee since 1 January 1995,

whichever method provides the greater entitlement.

For the purposes of calculating entitlements under (i) (a) and (b) above, a working day for employees working 40 or 38 hours per week shall be deemed to consist of 8 hours, and a working day for employees working 35 hours per week shall be deemed to consist of 7 hours. The rate at which FACS leave is paid out and utilised shall be on actual hours absent from rostered shift.

Example A - An employee working 40 or 38 hours per week will have an entitlement, in their first year of employment, to 24 hours of FACS leave. If the employee takes FACS leave for a full 10-hour shift, the employee would be debited ten hours of FACS leave.

Example B - An employee working 35 hours per week will have an entitlement, in their first year of employment, to 21 hours of FACS leave. If the employee takes FACS leave for a full 7-hour shift, the employee would be debited 7 hours of FACS leave.

Example C - An employee, employed prior to 1 January 1995, applies for FACS leave on 20 February 1997. The employee is entitled to six 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 six days entitlement.

(ii) Family and Community Service Leave is available to part-time employees on a pro rata basis, based on the average number of hours worked per week, ie. 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 four hours, the employee would be debited four hours of FACS leave. Likewise, if the employee was rostered for eight hours and was absent for the full eight hours on FACS leave, he/she would receive, and be debited, eight hours paid FACS leave.

(iii) Where family and community service leave has been exhausted, additional FACS leave of up to two 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 clause 1, "Definitions".

1.3 Use of Other Leave Entitlements

The appropriate CEO 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:

(a) Annual leave;

(b) Long service leave;

2. Personal/Carer's Leave

2.1 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 purposes of this paragraph:

(1) "Relative" means a person related by blood, marriage or affinity;

(2) "Affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

(3) "Household" means a family group living in the same domestic dwelling.

2.2 Use of Sick Leave to Care for the Person Concerned - Entitlement

(a) The entitlement to use sick leave in accordance with this clause is subject to:

(i) The employee being responsible for the care and support of the person concerned; and

(ii) The person concerned being as defined in clause 2.1.

(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 CEO 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 clause (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 of 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 subclause where another person has taken leave to care for the same person.

2.3 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 five 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 five consecutive annual leave days are taken;

(b) Long service leave;

3. 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 3(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period from the date the overtime was worked, or earlier by agreement, or on termination.

(d) Where no election is made in accordance with paragraph 3(a), the employee shall be paid overtime rates in accordance with the relevant industrial instrument.

4. 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 in the relevant industrial instrument, 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 shift work rate which would have been applicable to the hours taken off.

5. Grievance and Dispute Handling Process

In the event of any grievance or dispute arising in connection with any part of the provisions of this circular, such a grievance or dispute shall be processed in accordance with established grievance and dispute handling procedures.

SCHEDULE - C

Study Leave

("Study Time" - Circular No. IC 96/04)

This Instructional Circular replaces IC 90/34, 94/15 and Administrative Circular 91/10.

This Instructional Circular details the provisions of Study Time as extracted from the Health Department Leave Matters Manual which applies to the Ambulance Service and the public health system generally.

Study time has been extended to staff in the past under these Health Department guidelines with the delegation for approval with the Divisional Superintendent/Director.

Staff are hereby advised that due to the essential nature of the Ambulance Service they are to first arrange leave to attend studies through flexibility in their roster arrangements. Study time leave only will be considered by the Service where staff can demonstrate that this option has been unsuccessful.

Eligibility

Study time may be granted by the Ambulance Service to full-time employees undertaking part-time courses of study, in disciplines appropriate to the Service, for which approval to enrol has been given by the Divisional Superintendent/Director.

Employees proposing to embark upon a course of study for which the Service's support is sought should consider the extent to which their own time will need to be applied to study, and whether they are prepared and able to firmly commit that time for the duration of the course. They should also consider whether the content of the course is appropriate to their employment situation, either present or contemplated, and whether attainment of the qualification will be of benefit to them in their work.

Having decided to undertake the course, an employee should discuss the proposal with their Divisional Superintendent/Director and secure approval before making any final arrangements for enrolment or registering in a course.

The Divisional Superintendent/Director is required to examine the appropriateness of the course considered by any full-time employee, and be satisfied that it will better qualify the employee for service within the Ambulance Service, before giving the approval and committing the Service to support in the form of study time. The Divisional Superintendent/Director should ensure that study time will not interfere with the maintenance of the Service's essential service, nor require the employment of additional staff.

The application form for study time is attached as Appendix A.

Study time and/or paid time off for course work will only be granted in respect of one course at any one time. An employee who is undertaking two or more courses concurrently will not in any circumstances be granted paid study time for more than one.

Financial Assistance

It is to be noted that employees who undertake courses associated with part-time and external studies are not entitled to any financial assistance regarding reimbursement of fees, travelling, etc.

Extent of Entitlement

For face-to-face studies in courses conducted by universities, the NSW Institute of Technology, colleges of advanced education or technical colleges, employees are eligible for a maximum of four hours' paid study leave per week to attend lectures held in working hours, and for necessary travelling time involved. Any absence from duty in excess of this limit is to be made up.

Where lectures are held outside working hours or during a combination of working and non-working hours an employee may be granted paid study time on the basis of one half-hour for each hour of compulsory attendance at after-hours lectures. Travel time necessary to attend lectures may also be granted, but the aggregate of paid time off under this provision is not to exceed four hours per week. Any absence from duty in excess of this limit is to be made up.

For employees undertaking an approved course by correspondence, or as "external students", study time may be granted on the basis of one quarter hour for each hour of lecture time in the face-to-face course, to a maximum of four hours per week. However, where external students are required to compulsorily attend a residential school or practical session, they will be granted leave on the basis of five days per subject per year, or 2½ days per subject per semester. This leave will be in substitution for, and not additional to, study time which might otherwise have been granted on a weekly basis. Any extra time involved is to be debited against an employee's accrued annual leave or taken as leave without pay.

It should be noted that study time may be granted, and taken, only once in respect of any course subject. Any student, therefore, who fails to pass in a subject at the first attempt, and is required to repeat that subject, shall not be eligible for paid study time in respect of that repeat. This applies even though the repeat involved attendance at lectures in working hours (in which case all time off for repeat studies must be made up) or compulsory attendance at a residential school (in which case all the time off must be made up, taken as leave without pay or annual leave).

However, a student who is taking a combination of new and repeated subjects in any semester or course year is eligible for study time in respect of the new subject(s).

Study time shall not be granted or taken during course vacations.

An employee who is enrolled in a course which involves compulsory attendance at a field day or days may be granted study time to attend. Leave for this purpose is limited to seven hours on any one day, and where a field day occurs on a non-working day no time off in lieu is to be allowed. Where the aggregate of time off for course purposes exceeds four hours in any one week, the excess is required to be made up. Reference should be made to sub-section "Making Up of Time" for certain conditions relating to the making up of time off for study purposes.

Divisional Superintendents/Directors must satisfy themselves that applicants for study time are required to attend lectures, field days or residential schools at the times stated in their applications.

Entitlements for employees undertaking higher degree studies differ from those dealt with above and these are discussed in the sub-section "Part-time Higher Degree Studies".

Making Up of Time

Employees who are absent from duty for more than the maximum four hours in any week are required to make up the excess time off. However, the maximum excess time off taken in any one week which is required to be made up is five hours; where the excess time off necessarily taken by an employee for course purposes exceeds nine hours per week the hours over nine hours are abandoned. The following example illustrates the principles involved.

An employee who attends four hours of face-to-face lectures, and is also required to attend a field day in that same week:

½----------4 hours lectures	---------------½----------8 hours field day --------

½----------4 hours paid leave	---------------½---------7 hours (max) paid leave -------unpaid --------

4 hours

5 hours

2 hours

1 hour

(max) for the week 5 hours (max).- ½abandoned

............................................ made up

It will be seen that the employee has been granted time off as paid study time to attend lectures then is required to attend a field day of eight hours' duration, and is paid for seven hours, which is the maximum allowed for attendance at a field day. They have, therefore, done course work for 12 hours in that week and have been paid the maximum allowable aggregate of 11 hours. They are then required to make up the maximum of five hours' excess (in any one week), and the remainder (two hours) is abandoned. They are not required to make it up either in this week or at any future time.

As a general rule, time must be made up as soon as possible after the leave has been taken; it cannot be made up in advance, except in the week in which the excess time off is to be taken, but make-up time may be deferred, if convenient to the Service, until a later date (eg. during vacations). Time off is not permitted to be made up during meal breaks.

The supervision of staff during make-up time should be the same as is normally required.

Despite the provisions of this section, all paid time off for course work in repeated subjects must be made up, however much it may be; the five hours limitation does not apply to repeated subjects. This time off should be made up as soon as possible, or at the Service's convenience.

Accumulation of Study Time

Study time may be accumulated to a maximum of five days per year (or 2½ days per semester) subject to the approval and convenience of the Service and a request by the employee.

It will be remembered that employees engaged in courses requiring compulsory attendance at a residential school are not eligible for weekly study time, but are allowed a maximum of five days per subject per year (or 2½ days per subject per semester) to attend.

Employees, other than those covered in the second paragraph of this section, who are entitled to less than two hours' study leave per week may elect to accumulate that time and take it in half-day or one-day periods if they feel that this will be more beneficial to their studies.

Where students believe that their course requirements and/or personal circumstances are such that they would benefit more by accruing study time rather than taking it weekly, they may be granted a consolidated period not exceeding five days per year (or 2½ days per semester) in substitution for weekly study time, and may take this leave either prior to or during examinations.

Students who receive some paid study time weekly for lecture attendance and/or travelling time during working hours, and also have some additional entitlement (eg. from attendance at out-of-hours lectures) may convert the additional entitlement to a five-days-per-annum grant if they so desire.

Approval to accrue five (or 2½) days' study time as provided above should be sought at the beginning of each course year. However, a student who elects to accrue at the beginning, or vice versa, may opt to reverse that decision, as from 1 July, for the remainder of the year.

The Service, in giving approval for the accrual of study time, should ensure that the Service will not be inconvenienced, or the maintenance of essential operations jeopardised, by such arrangement and that there will not be any need to employ relief staff. However, where approval is initially given, the Service is required to honour its undertaking for the agreed period even though circumstances may alter and the employee's absence has become inconvenient. If the Service declines an employee's request for approval of accumulation of study time it is obliged to grant such time on a weekly basis.

Employees undertaking a course who join the Service after the commencement of the course year may apply on 1 July of that year to accumulate their study time.

External Studies

Employees may enrol, subject to approval by the Service, as external students in courses of study leading to a first or further qualification other than a higher degree. These courses may be taken through a university or a college of advanced education.

Such a course does not usually require the student to attend lectures during the course year or semester, but usually does require compulsory attendance at a residential school at least once during each year or semester.

Study time is to be granted on the basis of five days per subject per year, or 2½ days per subject per semester, and it is to be made available to the employee to attend the school or schools held. This leave is in substitution for, and not additional to, leave which might otherwise be granted on a weekly basis.

Students attending residential schools do not receive any allowance for travelling, accommodation, or incidental costs.

Part-time higher degree studies

The provisions for study time for employees undertaking higher degree studies are altogether different from the provisions already described, except for courses which involve face-to-face instruction.

The following grants of study time represent the maximum grant available for higher degree studies, and the periods of leave may be taken as required by the employee, subject to the convenience of the Service:

Employees studying entirely by thesis may be granted a period of ten days' study time.

For study entirely by research and thesis there is an entitlement of 20 days' leave; in these cases a further ten days' leave may be granted where the Service is satisfied that the nature and progress of the research warrants further study time.

For study which involves course work followed by the preparation of a thesis necessitating further research, employees may be granted weekly study time for the course work, where appropriate, and may also be granted a further ten days' leave for the preparation of the thesis.

Periods of ten days' and 20 days' study time must be taken as units, not as scattered or random days towards the total entitlement, and apply to the thesis not per year.

Examination Leave

A terminal examination is one which occurs at the end of the subject and must be passed for the subject to be completed and the student to progress further; or one set during the course which forms an integral part of the major examination or final assessment in that subject and which the student must take in order to pass that subject in an academic year.

Employees attending terminal examinations in approved tertiary courses may be granted pre-examination and examination leave on the following basis:

Half day examination leave for an examination in the morning - There is no pre-examination leave in this case, except where the employee works an evening shift on the evening prior, when the equivalent of one half day's leave may be granted.

In the case of half day examination leave in the afternoon, the employee may be granted half day pre-examination leave in the same morning. Where examinations are held in the evening, employees may be granted half day pre-examination leave on the afternoon of the same day.

Where an examination is conducted within the normal class timetable during the term and study time is granted to the employee for either private study or actual lecture attendance, no examination leave or pre-examination leave is to be granted.

Pre-examination leave is not to be granted where study time has been refused, except in respect of repeat studies in a course normally attracting that concession.

Employees undertaking courses either by correspondence or by face-to-face studies may be granted leave for examinations, including deferred examinations, as well as repeat studies in respect of the above courses.

Robert McGregor

Chief Executive Officer

APPENDIX "A"

Application for Study Time

Surname: __________________________Given Names: ________________________

Position: __________________________ Div/Location: ________________________

Previous Studies Since Leaving School

Year	Course and University or College	Subjects Completed	Study Time Granted

Studies Proposed this Year

Course: ________________________________________________________________

Course Duration: _______________________ (years) Full-time/Part-time

College or University: _______________________________________________________________

Subjects: _________________________________________________________________________

_________________________________________________________________________________

Has this subject been attempted previously? Yes/No

Timetable of Studies this Year

(as per Fees Receipt)

Day	Subjects	From	To
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday

Total Study Time/Examination Leave Applied for During Working Hours

Hours/Minutes

Rostered Shift

(a) Lectures/Travelling Time:	______________	______________
(b) Private study	______________	______________
	______________	______________

I certify that the above information is correct:

Applicant's Signature:

Date

Supervisor's Report - (Please confirm that all flexibility in roster arrangements are exhausted).

________________________________________________________________

Supervisor's Signature

Date

Recommendation to approve study leave:

Divisional Superintendent/Director

Date

Attach supporting documentation if desired.

SCHEDULE - D

Paid Trade Union Leave

("Trade Union Leave - Paid" - Corporation’s Policy Directive 2005_428)

The Premier has agreed that special leave with pay will be granted to all public sector workers (includes employees in the health system) who are members of their relevant union and have been accredited by their union as a delegate to their union conferences, executive meetings or to the annual conference of either the Labor Council of NSW or the bi-annual congress of the Australian Council of Trade Unions.

Any delegate who wishes to attend a conference is required to establish that they are accredited delegates and this must be done in sufficient time to allow their health service to make arrangements for work and duties to be carried out during the time of the absence of the employee.

For special leave to be granted for the purposes outlined above, it is necessary that the health service is informed by the employee within sufficient time by way of documentary evidence from the union, showing that the person applying for special leave is an accredited delegate. Health services will not meet any costs/expenses of the employee in attending these conferences, etc.

Whilst special leave with pay should be granted for the purposes outlined above for which the employee is rostered on duty, no credit is to be allowed for any conference day, etc., which coincides with a day on which the employee has been rostered off duty, or which is normally a non-working day.

The attached guidelines are to be used (95/70).

John Wyn Owen,

Director-General

Paid Trade Union Leave (Corporation’s Circular No. 95/70)

Paid Trade Union Leave

Reference is made to Department of Health Circular No. 95/68 of 18 August 1995 concerning the above matter.

To assist the parties in the implementation of the Government's decision on this matter, the Public Employment Office of the Premier's Department has developed guidelines and issued the attached Circular to public agencies.

It has been determined that the attached guidelines are also to be used in the public health system. This Circular should be read in conjunction with Circular No. 95/68 of 18 August 1995.

John Wyn Owen,

Director-General

Public Employment Office

PEO Circular No. 95-16

Paid Trade Union Leave

(Circular to all Chief Executive Officers)

I refer to the Memorandum issued on 14 July 1995 by the acting Minister for Industrial Relations confirming availability of special leave with pay for union activities.

To assist the parties with the implementation of this decision, the following guidelines have been developed for public agencies:

(i) Eligibility - Applies to members of relevant unions accredited by their union as a delegate.

(ii) Paid special leave is available for attendance at:

Annual or bi-annual conferences of the delegate's union; and

Meetings of the union's executive/Committee of Management; or

Annual conference of the Labor Council of NSW; or

Bi-annual conference of the Australian Council of Trade Unions.

(iii) Limits - There is no limit on the special leave that could be applied for or granted. It is expected, however, that the leave would be kept to a minimum and that, on average, not more than five days special leave per year would need to be taken.

(iv) Responsibilities of the union delegate are:

To establish accreditation as a delegate with the union;

To provide sufficient notice of absence to the employer; and

To lodge a formal application for special leave.

(v) Responsibilities of the union are:

To provide documentary evidence to the employer about an accredited delegate in sufficient time to enable the employer to make arrangements for performance of duties;

To meet all travelling, accommodation and any other costs incurred by the accredited delegate; and

To provide the employer with confirmation of attendance of the accredited delegate.

(vi) Responsibilities of the employer are:

To release the accredited delegate for the duration of the conference or meeting;

To grant special leave (with pay); and

To ensure that the duties of the absent delegate are performed in his/her absence, if appropriate.

(vii) Period of Notice

Generally, dates of conferences or meetings are known well in advance and it is expected that employers would be notified as soon as accreditation has been given to a delegate or at least two weeks before the date of attendance.

Where extraordinary meetings are called at short notice, a shorter period of notice would be acceptable, provided such notice is given to the employer as soon as advice of the meeting is received by the accredited delegate.

(viii) Travel Time

Where a delegate has to travel to Sydney, inter or intrastate, to attend a conference or meeting, special leave will also apply to reasonable travelling time to and from the venue of the conference or meeting.

No compensation, such as time off in lieu, is to be provided if travel can be and is undertaken on an accredited delegate's non-working day or before or after his/her normal hours of work.

(ix) Payment of Allowances

No allowances will be claimable in cases of special leave granted for attendance at union conferences or executive meetings covered by this circular. (See also item (v) above.)

(x) Relationship to Awards and Agreements

The provisions contained in this circular will not apply if more generous provisions for trade union leave are already provided under awards or agreements applicable to officers and employees in your organisation.

(xi) Date of effect

These provisions apply to trade union leave taken for the purposes listed above on or after 14 July 1995.

Ken Cripps

Commissioner

SCHEDULE - E

Rental and Management Aspects of Public Sector Housing

("Rental and Management Aspects of Public Sector Housing" - Corporation’s Policy Directive 2005_089)

Over a period of years, Government Policy on rental for Public Sector Housing was changed so that now rentals are applied at market rates unless unusual circumstances exist.

A comprehensive policy statement to serve as a guide to Areas and Districts in administering the policy has been prepared and a copy is now attached. The statement has been included in the Accounting Manual.

This circular replaces previous instructions issued on this subject.

John Wyn Owen

Director-General

Health Organisation Residences

Public Sector Housing

(1) Government Policy

Health employees who reside in Health Organisation residences are to be charged the full market value rental of the property.

The only instances where market rents will not be charged are when specific approval has been given by the Public Employment Office or when accommodation is provided as part of awards and agreements.

The Department of Health has therefore determined the following policy in relation to rental charges for "residences" (as defined hereunder) in all Health Organisations.

(2) Definition

For the purposes of this section, the term "residence" means house, cottage, town house, home unit, apartment, flat or the like which is owned, leased or otherwise controlled by a Health Organisation or by the Board of Directors or other governing authorities thereof, but does not include accommodation which forms part of a traditional style Nurses' Home, staff quarters or the like. For example, Resident medical staff who occupy single quarters in a RMO complex would not be covered by the terms of this section but would merely pay the accommodation and board charges as prescribed in the Public Hospital Nurses (State) Award, but if they occupy a house or a unit they would be covered by the terms of this section because the award rate was only ever fixed in relation to "single room" accommodation. Similarly, if a Director of Nursing occupies a flat attached to a Nurses Home, the award rate applies; if they have a separate unit or house, then the terms of this section will apply.

The term "Industrial Authority" relates to the Public Employment Office.

(3) Eligibility of Staff for Public Sector Housing

Except where already provided in awards and agreements, approval may be given to the provision of staff residential accommodation under the following conditions:

(i) Where assistance is essential to the continued provision of priority government services to the community.

(ii) Where the employee cannot obtain private accommodation which is of reasonable standard, in a reasonable location and at a reasonable rent.

(iii) The special duties to be performed require the employee to live on site or close to the work site.

NOTE: As a general rule, Health Organisations are not to make it a condition of employment that any employee be required to "live in" Health Organisation premises. Where there is compelling reason why the employee should "live in" the matter should be referred to Central Administration for determination. The Department will only agree to such a requirement being imposed on an employee in very exceptional circumstances.

(iv) Where a property is required to be retained for future development and there is no Health Organisation employee or hospital demand for that property, consideration will be given to leasing the property to other Public Sector employees or the community.

(4) Ineligibility

An employee is ineligible for housing assistance if he/she owns a property with a dwelling in the area to which he/she is appointed.

(5) Assessing Market Rent

The Health Organisation will obtain a valuation report either from the Valuer General's Department, Department of Housing or a member of the Australian Institute of Valuers to assess the market rent. The valuation should take into account all relevant matters such as the condition of the premises, the floor coverings, etc., disadvantageous aspects such as location within the hospital boundaries, lack of exclusive use of premises, etc.

(6) Rental Reviews

The Health Organisation will (1) on an annual basis assess and adjust as necessary market rent for each residence under its control by utilising benchmark market rental for various localities as provided by a registered real estate valuer, and (2) every five years, at the same time as obtaining asset valuations required by Treasury Circular G 1991/20 Accounting Policies for Revaluation of Non-current Physical Assets, obtain individual property rental assessments from a registered real estate valuer, and re-assess and adjust rental accordingly.

The cost of obtaining valuations should be charged against rental receipts.

(7) Tenancy Agreements

All employees of Health Organisations or members of the public who are proposing to rent Health Organisation premises must sign and abide by conditions as set out in the Residential Tenancies Act 1987 and Regulations.

Employees renting under existing agreements may continue to occupy Health Organisation premises until the current agreement lapses or at the end of 12 months, whichever comes first.

In both cases new agreements are to be completed every 12 months, commencing 31 July the following year.

This procedure will ensure the Health Organisation records are accurate and reflect the true accounts of housing stock available. (See Appendix G for Residential Tenancy Agreement and Conditions).

(8) Payment of Rent

(i) The employee shall be charged in accordance with the amount of such market rental valuation and such charge should, with the agreement of the employee, be deducted fortnightly in advance from the salary of the employee. In the case of a private tenant, rent should be paid fortnightly, in advance, by direct bank deposits, etc.

Residences are to be separately metered for gas and electricity, and the tenants are required to meet these costs. Likewise, tenants are also required to meet the cost of all other services, including heating oil and excess water used during the occupation of the accommodation.

Where it is not possible to separately meter individual residences, the fact that gas and electricity is supplied should be drawn to the attention of the valuer and an allowance made for in the rental value determined.

(ii) Shared accommodation - When two or more employees share occupancy of any residence, separate leases under the Residential Tenancies Act 1987 are proposed for each tenant and the rental charges pro rated amongst them.

(iii) Pre-existing claims - A number of Health Organisations and/or their employees have claimed in the past that a particular rental figure was agreed upon as part of the initial contract of employment and that it therefore cannot be altered without the employee's consent. The Department is not prepared to accept that interpretation. It is considered that the particular rental figure stipulated can only be regarded as relevant to a particular point in time and that it is implied that it will increase periodically in the same way as salaries and allowances increase periodically. Unless the contract of employment is evidenced by a document expressly stating that the rental figure mentioned therein cannot be reviewed from time to time, Health Organisations are required to apply the provisions of this section to the employee concerned. Where such an express statement is contained in any document, the Chief Executive Officer (CEO), General Manager or Director-General, as appropriate, is to be informed and supplied with copies of such documentation. CEO's and General Managers are to refer all instances of this nature to Central Administration.

(9) Re-negotiation of Awards or Agreements

With the aim of bringing all housing arrangements in line with the managing employee housing policy, Health Organisations should ensure that housing and rental arrangements set out in existing awards or agreements and any new claims from employees or unions for housing and rent assistance, are included in any relevant negotiations for enterprise agreements or awards.

(10) Housing Subsidies or Allowances

The Department has obtained approval from the Public Employment Office to charge less than market rent for public sector housing under the following circumstances:

(i) In isolated localities that are difficult to staff, rents may be varied to 80 per cent of the market rent.

(ii) Where occupation of a residence is essential to the performance of duties, eg. where the employee is required to work from home during or outside usual hours, 50 per cent of full market rental may be charged.

(iii) Consideration will also be given to set rent at 50 per cent of market rent in situations where 100 per cent (full market rent) or 80 per cent (remote location rent) usually applies, but 50 per cent of market rent recognises the exceptionally high cost of rent associated with the shortage of suitable accommodation and the income of employees concerned. These are exceptional circumstances where rent reductions are warranted in recognition of working arrangements for priority service delivery.

(iv) Consideration will also be given to set rent at 30 per cent of market rent where the residence is located in other than a typical residential area, occupation of the residence is essential to performance of duties (eg. caretaker, gatekeeper) and the full market rent is unreasonably high because of the location.

(v) Consideration will also be given to set rent at 30 per cent of market rent in situations where 50 per cent (essential occupation) usually applies, but 30 per cent projects cost-effective working arrangements and/or recognises the particular difficulties faced by low income employees. There are exceptional cases where rent reductions are warranted in recognition of working arrangements for priority service delivery.

Where Health Organisations believe that in certain circumstances there is a need to provide assistance to employees occupying public sector housing other than by way of reductions from market rent, they may take the form of a specific allowance that attaches to the individual and not the property. Health Organisations may seek the approval for such allowances, or address any issues regarding allowances in negotiations for new awards or agreements. The cost of any housing allowances should be met by the organisation without any additional budget funding.

(11) Fringe Benefits Tax

Unless the institution involved has fringe benefit tax exemption status, fringe benefits tax is payable on the difference between the reduced rental rate and the full market rate.

(12) Rental Bonds

In general, employees who lease Health Organisation premises are not required to pay a four week bond "up front". Only members of the public not associated with the Health Organisation are required to pay a four week bond prior to occupation of the premises. In these cases the premises have usually been listed on the open rental market through a registered real estate agent.

(13) Vacancy and Movement of Staff Tenants

In the event that an employee vacates the premises under the terms of the Residential Tenancies Act 1987 and Regulations he/she must:

(i) Promptly deliver up possession including return of the keys to the Health Organisation or agent; failure to return keys to the Health Organisation or agent will result in rent being charged until such time as the keys are returned;

(ii) Notify the Health Organisation of his/her forwarding address.

(14) Termination of Agreement by Health Corporation

Under the terms of the Residential Tenancies Act 1987 and Regulations, notice may be given to terminate the rental agreement if:

(i) The employee has not paid rent for 14 days;

(ii) The Heath Organisation or the employee breaks the agreement; and

(iii) The Health Organisation or the employee wishes to give vacant possession at the end of the fixed term set out in the agreement.

If notice is given for the above reasons, 14 days notice is required.

(15) Secondment of Staff

The existing practice in respect of seconded staff is to continue; that is, where the officers live at their parent Health Organisation and continue to maintain their accommodation while temporarily attached to another Health Organisation, any accommodation (but not meals) supplied at the second Health Organisation is to be on a no-charge basis.

(i) Employees from other Health Organisations (public) provided with temporary (not secondment) accommodation can either be charged or not charged, depending on the circumstances. If charged, the rate is to be that for a nurse in a "nurses home" at a daily rate including meals provided. Fees raised are to be counted as General Fund Revenue.

(ii) Representatives from the private sector provided with temporary accommodation can be either charged or not, depending on the circumstances. If charged, the rate is to be at a level as determined between the local Health Organisation and the private sector representative. Charges, if raised, are to be remitted to General Fund Revenue.

(16) Repairs and Maintenance Policy

Maintenance of employee housing must be arranged in accordance with the asset management requirements set out in the NSW Government's Total Asset Management Manual.

Reporting requirements of the Total Asset Management Manual make it necessary to report on property maintenance strategies and achievements in the Annual Report.

Repairs and maintenance associated with properties are to be funded from rental receipts. This will also include the cost of 12-monthly valuation as required by this policy.

(17) Receipts and Payments

In general, revenue from the leasing or renting of Health Organisation property is to be paid to the General Revenue Account, unless the property being leased/rented was purchased from a trust that specified revenue from the trust is to be returned to the credit (less the cost of maintenance and repairs of the property) of that particular trust.

Rental payments in respect of all residences used for Health Organisation staff, other than residences held for the purposes of Special Purposes and Trust (SP&T) Fund investment, should be recorded in the General Fund.

Receipts and payments in respect of all residences purchased with SP&T funds should be recorded in the appropriate accounts in the SP&T Fund, subject to all costs associated with maintaining those premises coming out of those funds.

Any case where doubt exists as to the appropriate funds to be used should be referred to the Asset Management Unit of the Department for determination.

NOTE: The Auditor-General in his findings of the investigation of Public Sector Housing recommended that consideration should be given to the self funding of Health Organisation maintenance programmes through the utilisation of rental receipts. Any excess funds could be channelled back to Consolidated Revenue.

Disputes Between the Health Organisation and Tenant - Where disputes between the Health Organisation and the tenant over rent or condition occur and cannot be resolved between the parties, both parties have the right to take the dispute to the Residential Tenancies Tribunal of NSW for a determination.

(18) Approvals

Once approval has been given to charging less than market rent in specific circumstances, the CEO or General Manager may approve the same arrangements in similar circumstances without referring the case to Central Administration.

CEOs and/or General Managers will arrange for regular reviews of progress of programmes to be undertaken and brief reports included in the Department's quarterly returns for Major Industrial Issues Report to the Premier.

It is also necessary to specifically report in the Annual Report the action taken to fulfil the requirements of this policy. Such requirements will also be subject to audit by the Auditor-General.

(19) Purchase and Disposal of Houses

Purchase and disposal of housing should be arranged through the Central Administration (Asset Management Unit).

Purchases - Details which should be supplied are:

Reasons for the purchase;

The source of funds;

Details of any properties under consideration.

NOTE: Upon approval, the Valuer-General will be authorised to negotiate the purchase of the property. On no account should any commitments be entered into regarding the price or conditions of purchase.

Properties will be purchased in the name of the Health Administration Corporation.

Disposal - Details which should be supplied to Central Administration are:

The registered proprietor of the property;

Description/condition of the property;

If vacant or any tenancy arrangements;

If known, date of purchase and cost;

Source of original funding;

Proposed use of proceeds.

(20) Recording of Information

For the purpose of complying with the Government's policy on market rent, each Health Organisation will maintain an up-to-date record of residences owned or leased, the market rent for each property, the rent charged and any allowance paid. Where rent charged is less than the market value, this should be authorised by the CEO or General Manager in cases where the circumstances are similar to an approval by the Central Administration.

A file should be maintained for each residence, etc., incorporating all relevant valuations, approvals, etc.

R. P. BOLAND J.

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Printed by the authority of the Industrial Registrar.

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