Public Health System Nurses' &
Midwives' (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Nurses' Association, Industrial Organisation of Employees.
(No. IRC 1053 of 2007)
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Before Commissioner
McLeay
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4 July 2007
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VARIATION
1. Delete the
definition "Deferred Salary Leave Year" in clause 3, Definitions of
the award published 24 February 2006 (357 I.G. 345) and insert in lieu thereof
the following:
"Deferred Salary Leave Year" means the fifth year
of the career break scheme where the employee is absent from work and receives
the deferred salary from the previous four years through participation in the
Career Break Scheme. This year cannot be compressed into a period of less than
twelve months.
2. Delete
paragraph (e) of subclause (ii) of clause 12, Special Allowances and insert in
lieu thereof the following:
(e) This subclause
shall not apply to Nurse Managers classified at Grade 4 or above provided that
the allowances prescribed in subclauses (a) and (b) of this subclause shall be
paid to Nurse Managers classified at Grade 4, Grade 5 and Grade 6 when required
to remain on call for the purpose of the performance of clinical duties.
3. Delete
clause 56, Career Break Scheme, and insert in lieu thereof the following:
56. Career Break
Scheme
(i) The career
break scheme allows employees to defer twenty percent of their salary for four
years, and be paid this deferred salary in the fifth year.
(ii) Employees who
apply and are approved to participate in the career break scheme will receive
100% of their normal salary for the first four years with a deduction
equivalent to 20% of net salary (gross less tax). The 20% of net salary is
deposited into a trust account in the employee’s name each pay period for
payment in the fifth year (the deferred salary leave year) and subject to
applicable taxation as required by law.
(iii) All full time
and permanent part time employees are eligible to participate in the career
break scheme. Casual and temporary
employees are excluded from participation in career break scheme. If a permanent employee is placed into
another position by way of temporary engagement or secondment during the four
years when salary is being deferred, this will not of itself affect their
continued participation in the career break scheme.
(iv) Each public
health organisation will call for expressions of interest from employees
seeking to participate in the career break scheme once each calendar year. The
timing of the invitation of applications is to be determined by the public
health organisation but in any event will not be later than 30th June 2007 for
the initial commencement year.
(v) Each public
health organisation will determine the number of employees that may participate
in the career break scheme having regard to service delivery and staffing
levels and reserves the right to approve or not approve requests after
considering workforce needs. This will
be done in consultation with employees. The public health organisation will not
unreasonably refuse any application by an employee to participate in the career
break scheme.
(vi) For members of
the State Superannuation Scheme (SSS) the public health organisation will
maintain the participant’s employer contributions for the full five year period
at the rate applicable to a person earning full salary for each of the five
years. Any required personal
superannuation contributions of participants are payable at the rate applicable
to 100% of salary for each of the five years.
(vii) For members of
the State Authorities Superannuation Scheme (SASS) the public health
organisation will maintain the participant’s employer contributions for the
full five year period at the rate applicable to a person earning full salary
for each of the five years. Any
required personal superannuation contributions of participants are payable at
the rate applicable to their full salary for each of the five years.
(viii) For members of
other complying funds (eg First State Superannuation, HESTA, HIP) the public
health organisation will cease making employer contributions during the
deferred salary leave year. The
superable salary is deemed to be 100% of the participant’s normal salary (both
deferred and the remaining 80% paid) for each of the first four years, and
superannuation employer contributions are calculated on this basis. In the deferred salary leave year no
employer contributions to superannuation are payable for members of these
funds.
(ix) Employees will
continue to pay all personal employee superannuation contributions whilst
participating in the career break scheme. The amount of such employee
contributions is determined by the superannuation scheme/fund to which the
employee is contributing and personal contributions during the deferred salary
leave year are payable at the rate applicable to the employee’s full salary.
(x) In the
deferred salary leave year, salary packaging and payroll deductions will not be
available.
(xi) The five years
of the career break scheme will count as service for the accrual of long
service leave, sick leave, annual leave, salary increments and other statutory
entitlements. Any leave without pay taken by an employee whilst participating
in the career break scheme will not count for the purpose of accrual of any
leave. For the purpose of determining the leave accrued in the fifth year of
the career break scheme (i.e. the deferred salary leave year) for permanent
part-time employees, the average of all hours worked (excluding overtime) in
the first four years of the career break scheme and including paid leave taken
will be used for the basis of making this calculation.
(xii) If any leave
without pay is taken by an employee during the first four years of the career
break scheme, the commencement of the deferred salary leave year will be
postponed by the time the employee was absent from duty i.e. by the number of
days leave without pay taken by the employee.
(xiii) Employees are
entitled to take paid leave during the first four years of the career break
scheme, subject to normal approval processes at the public health organisation.
Whilst on any paid leave the employee will be paid in accordance with subclause
(ii) of this clause.
(xiv) Employees are
not entitled to take any form of leave during the deferred salary leave year,
with the exception of Maternity and Adoption leave.
In respect to Maternity or Adoption leave, if the
deferred salary year has not yet commenced, the employee may elect to postpone the
deferred salary leave year until after the completion of such leave (up to 52
weeks). If the employee elects not to postpone the deferred salary leave year,
they are entitled to a lump sum payment of their normal salary for the period
of paid maternity/adoption leave. The paid maternity/adoption leave does not
extend the deferred salary leave year.
(xv) There will be
no access to the deferred salary until the fifth year unless the employee
chooses to withdraw from the career break scheme.
(xvi) An employee may
elect to withdraw from the career break scheme at any time by giving reasonable
notice to the employer, and will be paid all monies in the trust account.
(xvii) It is the
responsibility of the employee participating in the career break scheme to
declare the interest earned on the deferred salary to the Taxation Office.
Normal government statutory charges attributed to an individual’s deferred
salary account will be paid by the employee.
(xviii) Subject to
approval by the public health organisation an employee may undertake outside
employment in the deferred salary leave year. During the deferred salary leave
year, employees are not permitted to undertake work in the NSW Health Service
in positions covered by the Award.
However, this does not prevent work in the NSW Health Service in another
position not covered by the Award.
(xix) Upon return to
work after the deferred salary leave year an employee will resume employment in
their substantive public health system entity position at the conclusion of
their participation in the career break scheme, being the anniversary date of
commencing the deferred salary leave year.
(xx) Employees are
advised to seek independent financial advice about participating in the career
break scheme and the effect on superannuation.
Comprehensive details regarding the operation of the career break will
be recorded in a written agreement between the employee and the employer, to be
signed prior to the commencement of the five year period.
(xxi) A review of
the operation of this clause will occur by 30th June 2008 or a later date if
agreed between the parties. That review
will be undertaken by the Department of Health and the Nurses’ Association and
will consider any recommendations to vary the Scheme.
4. This variation
shall take effect from the beginning of the first pay period to commence on or
after 4 July 2007.
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.