NURSES, OTHER THAN IN
HOSPITALS &c. (STATE) AWARD 2006
award
REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act 1996,
and under Rule 6.6 of the Industrial Relations Commission Rules 2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
G.
M. GRIMSON Industrial Registrar.
Schedule of Award and
Variations Incorporated
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Clause
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Award/
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Date of
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Date of Taking Effect
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Industrial Gazette
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Variation
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Publication
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Serial No.
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Vol.
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Page
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Award
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C2524
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20/08/2004
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On and from
12/12/2003
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346
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76
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4, Part B
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C2825
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06/08/2004
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First pay period
on or after 12/07/2004
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345
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712
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4 & Part B
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C3866
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07/10/2005
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First pay period
on or after 12/07/2005
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354
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457
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Arrangement,
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C4727
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06/10/2006
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From 10/03/2006
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361
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267
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25, 26
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25
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C4803
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06/10/2006
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From 10/03/2006
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361
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268
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Title, 4, Part B
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C4936
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17/11/2006
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First pay period
on or after 17/07/2006
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361
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824
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Arrangement,
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C5574
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06/07/2007
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On and from
19/12/2005
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362
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1309
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14, 14A, 20
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26
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C6131
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14/12/2007
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On and from
23/07/2007
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364
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773
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4, Part B
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C6248
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08/02/2008
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First pay period
on or after 11/10/2007
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364
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994
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4, Part B
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C6671
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26/09/2008
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First pay period
on or after 11/10/2008
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366
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788
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4, Part B
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C7242
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30/10/2009
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First pay period
on or after 11/10/2009
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369
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575
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4, Part B
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C7584
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02/09/2011
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First pay period
on or after 16/12/2010
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371
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658
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Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Hours of
Work
3. Meal Hours
and Meal Allowances
4. Salaries
5. Part-time
and Casual Employees
6. On Call
7. Overtime
8. Saturday,
Sunday and Holiday Rates of Pay
9. Holidays
10. Annual
Leave
11. Annual
Leave Loading
12. Long
Service Leave
13. Sick Leave
14. State
Personal/Carer’s Leave Case - August 1996
14A. Parental
Leave
15. Termination
of Employment
16. Payment of
Salary
17. Uniform and
Laundry Allowance
18. Vehicle
Allowance
19. Right of
Entry
20. Bereavement
Leave
21. Grievance
and Dispute Settlement Procedure
22. Anti-Discrimination
23. Labour
Flexibility
24. Consultative
Mechanism
25. Secure
Employment
26. Area
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
PART A
1. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have the respective meanings
assigned to them:
(i) "Board"
means the Nurses' Registration Board of New South Wales, appointed under the
provisions of the Nurses' Act 1991.
(ii) "Association"
means the New South Wales Nurses' Association.
(iii) "Day
Worker": For the purposes of this award, a day worker shall mean an
employee engaged to work day work Monday to Friday inclusive.
(iv) "Registered
Nurse" means a person registered by the Board as such.
(v) An
"Enrolled Nurse" means a person enrolled by the Board as such.
(vi) "Assistant
in Nursing" means a person, other than a Registered Nurse or an Enrolled
Nurse who is principally employed in nursing duties.
(vii) "Service",
for the purpose of clause 4, Salaries, means service before or after the
commencement of this award in New South Wales or elsewhere as a Registered
Nurse, Enrolled Nurse or Assistant in Nursing, as the case may be.
(viii) "Shift
worker" means a employee who is not a day worker as defined.
2. Hours of Work
(i) Ordinary hours
of work shall not exceed an average of 38 per week.
(ii) The
arrangement of the 38 hour week may be any one of the following;
(a) by employees
working less than 8 ordinary hours each day; or
(b) by employees
working less than 8 ordinary hours on one or more days each week; or
(c) by fixing one
weekday on which all employees will be off during a particular work cycle; or
(d) by rostering
employees off on various days of the week during a particular work cycle so
that each employee has one week day off during that cycle.
(e) circumstances
may arise where different method of implementation of a 38 hour week apply to
various groups or sections of employees in the plant or establishment
concerned.
Notwithstanding any other provision of this award, the
employer and the majority of employees concerned may agree that the ordinary
hours may exceed eight hours per day, thus enabling time off to be taken more
frequently than would otherwise apply.
(iii) The
arrangement of the 38 hour week may be varied by agreement between the employer
and the employee(s) concerned.
(iv) Where agreement
cannot be reached, the Grievance and Disputes Settling Procedure as set out in
clause 21 shall apply.
(v) Day Workers -
the ordinary hours of work for day workers shall not exceed 38 hours per week to
be worked between the hours of 7.00am and 7.00pm in five days of not more than
eight hours, Monday to Friday, inclusive and shall be consecutive except for
breaks for meals.
(vi) Shift Workers -
the ordinary hours of shift workers shall not exceed:
(a) 38 hours per
week; or
(b) 76 hours per
fortnight; or
(c) 114 hours in 21
consecutive days; or
(d) 152 hours in
21consecutive days;
(e) Except at
regular change over of shifts an employee shall not be required to work more
than one shift in each twenty-four hours without payment of overtime as
prescribed in clause 7, Overtime, of this award.
(f) The ordinary
hours of shift workers shall be worked continuously except for meal breaks.
(vii) Shift
Allowances
(a) Employees
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift; provided that part time workers
shall only be entitled to the additional rates where their shifts commence
prior to 6.00am or finish subsequent to 6.00pm.
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Afternoon shift commencing at 10.00am and before 1.00pm
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10%
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Afternoon shift commencing at 1.00pm and before 4.00pm
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12.5%
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Night shift commencing at 4.00pm and before 4.00am
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15%
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Night shift commencing at 4.00am and before 6.00am
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10%
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(b) "Ordinary
rate" and "ordinary time" shall not include any percentage
addition by reason of the fact that an employee is a part time or casual
employee.
(c) For the purposes
of this clause, day, afternoon and night shifts shall be defined as follows:
"Day shift" means a shift which commences at
or after 6.00am and before 10.00am.
"Afternoon shift" means a shift which
commences at or after 10.00am and before 4.00pm.
"Night shift" means a shift which commences
at or after 4.00pm and before 6.00am on the day following.
(viii) Notice of Days
Off
Except as provided in (ix) and (x) hereof, in cases
where by virtue of the arrangement of his/her ordinary hours, an employee, in
accordance with paragraph (c) and (d) of subclause (ii), is entitled to a day
off during his/her work cycle, such employee shall be advised by the employer
at least four weeks in advance of the weekday he/she is to take off; provided
that a lesser period of notice may be agreed by the employer and the majority
of employees in the workplace or section or sections concerned.
(ix) Substitute Days
(a) An employer,
with the agreement of the majority of employees concerned, may substitute the
day an employee is to take off in accordance with paragraphs (c) and (d) of
subclause (ii) for another day in the case of a breakdown in machinery or
failure or shortage of electric power or to meet the requirements of the
business in the event of rush orders or some other emergency situation.
(b) An individual
employee, with the agreement of his/her employer, may substitute the day he/she
is to take off for another day.
(x) Flexibility in
relation to Rostered Days Off
Notwithstanding any other provisions in this clause,
where the hours of work of an establishment, plant or section are organised in
accordance with paragraphs (c) and (d) of subclause (ii) an employer, the union
or unions concerned and the majority of employees in the establishment, plant,
section or sections concerned may agree to accrue up to a maximum of five (5)
rostered days off in special circumstances such as where there are regular and
substantial fluctuations in production requirements in any year.
(xi) It is a
condition of this award that no employee employed on or before 24th September,
1992 shall suffer any loss of earnings as a result of the extension of ordinary
hours from 8.00am - 6.00pm to 7.00am - 7.00pm.
3. Meal Hours and
Meal Allowances
(i) No employee
shall be required to work for more than five hours without a break for a meal
of not less than 30 minutes and not more than one hour.
(ii) One interval
of ten minutes (in addition to meal breaks) shall be allowed to each employee
on duty for light refreshments each morning, afternoon and night shift. Such
interval shall be paid for as such.
(iii) An employee required
to curtail the time prescribed herein for a meal break shall be paid at the
rate of time and a half for all such curtailed periods.
(iv) An employee
required to work overtime for more than one and a half hours after his/her
usual ceasing time of duty shall be supplied with a meal, free of cost, or
shall be paid the amount set out in Part B.
4. Salaries
(i) The minimum
rates of pay to be paid to employees are set out in Part B.
(ii) The commencing
rate of salary payable to a registered nurse who has obtained an appropriate
degree in Nursing or Applied Science (Nursing) or Health Studies (Nursing)
(referred to for the purposes of this award as a "UG1 Qualification")
shall be paid at the rate prescribed for the second year of service; and
provided further that a registered nurse who has obtained the said
qualification shall, on completion of the incremental scale (see Table 1) be
entitled to proceed in the next year of service to the rate prescribed for such
qualification in this award.
(iii) The rates of
pay in this award include the adjustments payable under the State Wage Case
2010. These adjustments may be offset
against:
(a) any equivalent
over award payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
5. Part-time and
Casual Employees
PART I
Permanent Part-time Employees
(i) A permanent
part-time employee is one who is permanently appointed by an employer to work a
specified number of hours which are less than those prescribed for a full-time
employee.
(ii) Subject to
Part III of this clause, employees engaged under Part I of this clause shall be
paid an hourly rate calculated on the basis of one thirty-eighth of the
appropriate rate prescribed by clause 4, Salaries, with a minimum payment of
two hours for each start, and one thirty-eighth of the appropriate allowances
prescribed by clause 17, Uniform and Laundry Allowances, but shall not be
entitled to an additional day off or part thereof as prescribed by paragraph
(c) of subclause (ii) of clause 2, Hours of Work.
(iii) The provisions
of clause 10, Annual Leave, and clause 11, Annual Leave Loading, of this Award
shall apply to employees engaged under Part I of this clause, upon the same
ratio as the number of hours worked in each week bears to 38.
(iv) In Part I of
this clause ordinary pay, for the purposes of sick leave and annual leave,
shall be calculated on the basis of the average weekly hours worked over the 12
months qualifying period.
(v) Employees engaged
under Part I of this clause shall be entitled to all other benefits of this
award not otherwise expressly provided for herein in the same proportion as
their ordinary hours of work bear to full-time hours.
PART II
Casual Employees
(i) A casual employee
means an employee who is engaged and paid by the hour.
(ii) A casual
employee working ordinary hours shall be paid by the hourly rate ascertained by
dividing the weekly rate by 38 plus 10 per cent except for Saturdays, Sundays
and Public Holidays when the hourly rate will be ascertained by dividing the
weekly rate by 38.
(iii) A casual
employee shall be entitled to the same benefits as to hours, overtime, shift
penalties and Saturday, Sunday and public holiday rates of pay as a weekly
employee.
(iv) A casual
employee shall be entitled to a minimum payment as for three hours at the
appropriate rate in respect of each start and shall be reimbursed all fares
actually and reasonably incurred by him/her in travelling to and from work
provided that fares shall only be reimbursed for employees who were receiving
such reimbursement before 23rd November, 1989.
(v) No casual
employee shall suffer a loss of earnings as a result of changes to this Part
made in Matter No's 1327 of 1991 and 1328 of 1991 in decision of Maidment J
made on 24th September, 1992.
PART III
Savings Provision
(i) Employees
engaged as part-time employees as at 23 November 1989, shall be entitled to
exercise the option of receiving the benefits of employment specified in Part I
of this clause or in lieu thereof the following:
(a) A part-time
employee means an employee who is employed to work not more than 38 hours per
week.
(b) A part-time
employee shall be paid at the hourly rate ascertained by dividing by 38 the weekly
rate prescribed by this Award plus 5 per cent.
Those employees previously covered by the Trained Nurses, Medical
&c., (State) Award shall be paid the hourly rate plus 15%.
(c) A part-time
employee shall be entitled to pro-rata sick leave in accordance with clause 13,
Sick Leave, in the same proportion that his/her ordinary hours of work bear to
38.
(ii)
(a) In accordance
with the decision of Maidment J on 24th September, 1992, all employees employed
under Part III (i) shall be employed as Permanent Part-time Employees under
Part I of this clause.
(b) For such
employees, the specified number of hours under subclause (i) of Part I of this
clause shall be determined by agreement between the employee and the
employer. Provided that, if no
agreement is reached, the provisions of clause 21, Grievance and Dispute
Settlement Procedure, shall be followed in order to determine the specified
number of hours of work for the employee.
(c) No employee
shall suffer a reduction in earnings as a consequence of becoming a permanent
part-time employee through operation of this subclause.
6. On Call
(i) An employee who
is required to remain on close call, that is, on call for duty and not allowed
to leave his/her employer's premises during any meal break which is not paid
for as time worked, shall be paid an additional sum as set in Part B for each
meal during which the employee is on call.
(ii) A person who
is required by the employer to be on call (that is on call for duty but not
required to remain at the employer's premises) shall be paid an on call
allowance as set in Part B for each period of 24 hours or part thereof provided
that only one allowance shall be payable in any period of 24 hours.
7. Overtime
(i) Day Workers -
Except as prescribed in subclause (v) of this clause, all time worked by day
workers in excess of 38 hours per week or before the ordinary commencing time
or after the ordinary ceasing time shall be paid for at the rate of time and
one half for the first two hours and double time thereafter.
(ii) Shift Workers
- Except as prescribed in subclause (ii) of clause 2 Hours of Work, and except
as prescribed in sub-clause (v) of this clause all time worked by shift workers
-
(a) in excess of 38
hours per week in the case of an employee whose ordinary hours of work are
balanced over one week; or
(b) in excess of 76
hours per fortnight in the case of an employee whose ordinary hours or work are
balanced over a two week period; or
(c) in excess of 114
hours in 21 consecutive days in the case of an employee whose ordinary hours of
work are balanced over a three week period; or
(d) in excess of 152
hours in 28 consecutive days in the case of an employee whose ordinary hours of
work are balanced over a four week period; or
(e) before the usual
starting time or after the usual finishing time;
shall be overtime and shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
(iii) For the
purpose of calculating overtime each day or shift shall stand alone.
(iv) Subject to the
following subclauses, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for under this award:
(a) An employee may
refuse to work overtime in circumstances where working of such overtime would
result in the employee working hours which are unreasonable.
(b) For the purpose
of this subclause, what is reasonable or otherwise will be determined having
regard to:
(1) the risk to the
employee’s health and safety;
(2) the employee’s
personal circumstances including any family or carer responsibilities;
(3) the needs of the
workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of their intention
to refuse it; and
(5) any other
relevant matter.
(v) 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 for
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 hours shall be taken at the ordinary time
rate, that is, an hour for each hour worked.
(c) If, having elected
to take time off in lieu in accordance with paragraph (a) of this subclause,
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 or on
termination.
(d) Where no election
is made in accordance with the said paragraph (a), the employee shall be paid
overtime rates in accordance with the award.
(vi) Permanent
Part-time - All time worked by employees employed pursuant to Part 1 of clause
5, Part-time and Casual Employees, in excess of the rostered daily ordinary
hours of work prescribed for the majority of full-time employees in the section
concerned shall be paid for at the rate of time and one half for the first two
hours and double time thereafter. Time
worked up to the rostered daily ordinary hours of work prescribed for a
majority of the full-time employees in that section shall not be regarded as
overtime but as an extension of the contract hours for that day and shall be
paid at the ordinary rate of pay.
8. Saturday, Sunday
and Holiday Rates of Pay
(i) Day Workers -
(a) For all time
worked on Saturdays, Sundays and public holidays, day workers shall be paid at
the following rates:
Saturdays - time and one half for the first two hours
and double time thereafter.
Sundays - double time.
Holidays - double time and one half.
Such double time or double time and a half to continue
until relieved from duty.
(b) Day workers who
work on a Sunday or a public holiday and (except for meal breaks) continue work
immediately thereafter shall, on being relieved from duty, be entitled to be
absent until they have had eight consecutive hours off duty, without deduction
of pay, for ordinary time of duty occurring during such absence.
(ii) Shift Workers
-
(a) Except as provided
for in paragraph (b), of this subclause, employees engaged on shift work shall
be paid at the rate applicable to the majority of the employees in the
establishment in which they are employed for all work performed on Saturdays,
Sundays and holidays.
(b) Employees other
than those provided for in paragraph (a), of this subclause, who are required
to work on Saturdays, Sundays or public holidays as part of their ordinary
hours of work for the week, shall be paid for such time worked on Saturdays at
the rate of time and a quarter, and on Sundays at the rate of time and a half
and on public holidays at the rate of double time and a half. This payment shall be in lieu of any
percentage addition by reason of the fact that an employee is a casual employee.
(c) The rates
prescribed in paragraphs (a) and (b) of this subclause shall be in substitution
for and not cumulative upon the shift allowance prescribed in subclause (vii),
of clause 2, Hours of Work.
(d) Where shifts
commence between 11.00 pm and midnight on a Sunday or public holiday, the time
so worked before midnight shall not entitle the employee to the Sunday or
public holiday rate.
(iii) Employees
required to work on Saturdays, Sundays or public holidays shall be paid for a
minimum of three hours' work.
9. Holidays
(i) Employees shall
be entitled to the following public holidays without loss of pay:
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New Year's Day
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Australia Day
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Good Friday
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Easter Saturday
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Easter Monday
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Anzac Day
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Queen's Birthday
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Labour Day
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Christmas Day
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Boxing Day
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or such other day as is generally observed in the
locality as a substitute for any of the said days, respectively, together with
all proclaimed public holidays throughout the State.
(ii) To the
holidays specified in this clause there shall be added one other day to be
observed as a holiday which, in the absence of an agreement between the
Association and an employer to the contrary, shall be observed on August Bank
Holiday.
(iii) Every employee
allowed a holiday specified herein shall be deemed to have worked in the week
in which the holiday falls the number of ordinary hours that the employee would
have worked had the day not been a holiday.
Provided that any employee whose roster is changed with
the intent of avoiding or reducing payment due or the benefit applicable under
this clause and who would, but for the change of roster, have been entitled
otherwise to a payment or benefit for a public holiday or holidays shall be
paid for such holiday or holidays as if the employee's roster had not been
changed.
10. Annual Leave
(i) Annual Leave at
the rates of pay prescribed by subclause (v) of this clause and clause 11,
Annual Leave Loading, shall be granted on completion of 12 months' service as
follows:
(a) 4 weeks for all employees.
(b) in addition to
the periods specified in paragraph (a) of this subclause one day shall be added
to the period of leave for each public holiday prescribed by clause 9,
Holidays, which occurs during the period of annual leave.
(ii) Such 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.
(iii) Nothing in
this clause shall prevent an employer, 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 12 months in respect of which
annual leave was taken before it accrued.
(iv) The employer
shall give each employee, where practicable, at least three months' notice of
the date upon which he/she shall enter upon his/her annual leave. In any event such notice shall not be less
than 28 days.
(v) Each employee,
before going on leave, shall be paid for the period of leave at the ordinary
rate of salary to which he/she is entitled under his/her contract of
employment.
(vi) Except as
provided for in subclause (vii) of this clause, payment shall not be made nor
accepted in lieu of annual leave.
(vii) When the
employment of an employee is terminated, he/she shall be entitled to receive a
proportionate payment for all service for which no annual leave has been
granted at the time rate of pay, as fixed under his/her contract of employment. The pro-rata annual leave payments shall be
equal to one-twelfth of such ordinary pay for that period of employment.
(viii) An employee
shall be eligible for annual leave when 12 months, less the period of annual
leave, has elapsed since the date on which his/her last annual leave would have
begun if taken immediately it had become due or, if he/she had not previously
had annual leave, since he/she commenced employment.
(ix) In addition to
the leave prescribed by subclause (i) of this clause, employees who are rostered
to work their ordinary hours on Sundays and/or holidays shall be entitled to
receive additional payment on the following basis:
|
Number of ordinary
shifts worked on Sundays
|
Additional payment
|
|
and/or holidays
during a qualifying period of
|
|
|
employment for
annual leave purposes
|
|
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4 - 10
|
one-fifth of one week's ordinary salary
|
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11 - 17
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two-fifths of one week's ordinary salary
|
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18 - 24
|
three-fifths of one week's ordinary salary
|
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25 - 31
|
four-fifths of one week's ordinary salary
|
|
32 or more
|
one week’s ordinary salary
|
The additional payment shall be made at the time the
employee proceeds on annual leave, provided that where the employment of an employee
is terminated the employee shall be entitled to be paid the additional payment
that may have occurred under this paragraph in addition to the proportionate
payment prescribed by subclause (vii) of this clause.
11. Annual Leave
Loading
(i) The loading is
payable in addition to the pay for the period of annual leave given and taken
and due to the employee in accordance with subclause (i) of clause 10, Annual
Leave, of this award.
(ii) The loading is
to be calculated at the rate of 17.5% of the appropriate ordinary weekly time
rate prescribed by this award for the classification in which the employee was
employed immediately before commencing his/her annual leave.
(iii) No loading is
payable to an employee who takes an annual leave wholly or partly in advance in
accordance with subclause (iii) of the said clause 10 of this award, provided
that, if the employment of such an employee continues until the day when he/she
would have become entitled under the said clause 10 of this award to annual
leave, the loading then becomes payable in respect of the period of such leave
and is calculated in accordance with subclause (ii) of this clause applying to
the award rates of wages payable on that day.
12. Long Service
Leave
See Long Service Leave Act 1955.
13. Sick Leave
(i) Subject as
hereinafter provided, an employee shall be entitled to sick leave on full pay
not exceeding in the aggregate (40) hours of working time in the first year of
service and 64 hours of working time in the second and subsequent years of
service.
(ii) An employee
shall not be entitled to sick leave until after three months' continuous
service.
(iii) An employee
shall, within 24 hours of the commencement of absence, inform the employer of
his/her inability to attend for duty and, as far as possible, state the nature
of the illness or incapacity and the estimated duration of the absence.
(iv) An employee
shall prove to the satisfaction of the employer (or in the event of a dispute
to the Industrial Relations Commission) that he/she is or was unable, on
account of such illness or incapacity, to attend for duty on the day or days
for which payment under this clause is claimed.
(v) The rights under
this clause shall accumulate from year to year so long as his/her employment
continues with the employer so that any part of 40 hours or 64 hours which has
not been allowed in any year may be claimed by the employee and shall be
allowed by the employer, subject to the conditions prescribed by this clause,
in a subsequent year of such continued employment.
(vi) For the purpose
of this clause, a year means a year of employment.
(vii) Service before
the coming into force of this award shall be counted as service for the purpose
of qualifying hereunder.
(viii) Sickness On Day
Off
Where an employee is sick or injured on the weekday she
or he is to take off in accordance with paragraphs (c) or (d) of subclause (ii)
of clause 2, Hours of Work, that employee shall not be entitled to sick pay,
neither shall her/his sick pay entitlement be reduced as a result of her/his
sickness or injury that day.
(ix) Part Day
Absences
In the case of employees whose hours of work are fixed
in accordance with paragraphs (c) or (d) of subclause (ii) of clause 2, Hours
of Work, sick pay entitlements for part-day absences shall be calculated on a
proportionate basis as follows:
|
Duration of Sick
|
|
Appropriate
|
|
Leave Absence
|
X
|
Weekly Rate
|
|
Ordinary hours
|
|
5
|
|
normally worked that day
|
|
|
In the case of employees whose hours of work are fixed
in accordance with paragraphs (a) or (b) of subclause (ii) of clause 2, Hours
of Work, sick pay entitlements for part-day absences shall be calculated on a
proportionate basis as follows:
|
Duration of Sick
|
|
Appropriate
|
|
Leave Absence
|
X
|
Weekly Rate
|
|
|
|
38
|
14. State
Personal/Carer’s Leave Case - August 1996
(i) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of person
set out in 14(i)(c)(2) who needs the employee’s care and support, shall be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for at clause 13, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required,
(1) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
(i) a spouse of the
employee; or
(ii) 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
(iii) 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
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.
(d) An 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.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 21, Grievance and Dispute Settling Procedure,
should be followed.
(ii) Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in 14(i)(c)(2) above who is ill or who requires care
due to an unexpected emergency.
(iii) Annual Leave
(a) An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to annual
leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of
any shutdown period provided for elsewhere under this award.
(c) 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.
(d) An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
(iv) Time Off in
Lieu of Payment for Overtime
(a) For the purpose
only of providing care and support for a person in accordance with subclause
(1) of this clause, and despite the provisions of subclause (v) of clause 7,
Overtime, the following provisions shall apply.
(b) An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
(c) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, 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 or on
termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(v) Make-up Time
(a) An employee may
elect, with the consent of the employer, to work "make-up time", under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(vi) Rostered Days
Off
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
(vii) The provisions
of this clause will have no application to employees of bodies established by
the Catholic Church to propagate religion.
(viii) Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 14(i)(b) and 14(i)(d) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause 14(i)(c)(2) of this clause who are
sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(3) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
14A. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee or employee's
spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under 3(a)(iii),
such a request must be made as soon as possible but no less than seven weeks
prior to the date upon which the employee is due to return to work from
parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held before
commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
15. Termination of
Employment
(i) Except in cases
of misconduct, the employment shall be terminated by not less than one week's
notice on either side or by the payment or forfeiture of one weeks pay in lieu
of such notice.
(ii) Upon the
termination of the services of an employee, the employer shall furnish him/her
with a written statement, duly signed by the employer, setting out the nature
and period of his/her employment.
16. Payment of Salary
(i) All salaries
and other payments due to the employee shall be paid weekly or fortnightly,
provided that the payment for any overtime worked may be deferred to the pay
day next following the completion of the working cycle within which such
overtime is worked, but for no longer; provided further that upon the
termination of the employment of an employee by the employer, or by the
employee upon notice in accordance with clause 15, Termination of Employment,
of this award, all salaries and other payments due to such employee shall be
paid not later than one working day after such termination. Provided further that salaries may be paid
monthly by agreement between the employer and employee.
(ii) All salaries
and other payments due to a casual employee shall be paid at the completion of
each engagement.
(iii) Where
practicable an employee rostered off duty on pay day shall be paid the salary
and other payments due to the employee on the last day on which the employee is
on duty prior to pay day.
(iv) An employer may
pay an employee's salary into one account with a bank or other financial
institution in New South Wales as nominated by the employee; provided that if
salaries are so paid then those salaries shall be deposited by employers in
sufficient time to ensure that wages are available for withdrawal by employees
by no later than pay day; and provided further that this requirement shall not
apply where employees nominate accounts with non-bank financial institutions
but in such cases employers shall take all responsible steps to ensure that the
wages of such employees are available for withdrawal no later than pay day.
17. Uniform and
Laundry Allowance
(i) Where an
employee is permitted and/or required to wear a uniform, such uniform shall be
provided by the employer. In lieu of providing a uniform an employer may elect
to pay the amounts set out in Part B for uniforms and stockings. Such payment to be paid weekly. No payment shall be made during the period
of annual leave.
(ii) Where uniforms
are not laundered at the employer’s expense, the amount set out in Part B shall
be paid to the employee each week.
(iii) Uniforms for
the purpose of this clause, shall mean sufficient, suitable and serviceable
uniforms and shall include slack suits.
(iv) Where the
employer requires any employee to wear headwear, the employer shall provide
headwear free of charge to an employee.
18. Vehicle Allowance
(i) An employee who
is required by his/her employer to provide a car for the performance of his/her
duties shall be paid the appropriate car allowance for the horsepower of the
car he/she provides as set out in Part B.
A part-time employee shall be paid such allowance on a pro-rata basis of
the ratio of hours worked by the employee to full-time hours per week.
(ii) The standing
charge prescribed by subclause (i) of this clause shall be paid to the employee
for all periods of paid leave of 5 days or less duration.
(iii)
(a) A casual
employee who is required by his/her employer to provide a car for the
performance of his/her duties shall be paid the rate as set out in Part B.
(b) An employee who
is not required to provide a car for the performance of his/her duties shall be
paid the rate as set out in Part B when he/she uses their own vehicle on the
employer’s business.
19. Right of Entry
See Industrial Relations Act 1996.
20. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to a maximum of two days'
bereavement leave without deduction of pay, on each occasion of the death of a
person in Australia as prescribed in subclause (ii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect of a death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (2) of paragraph (c) of subclause (1) of clause 14, State
Personal/Carer’s Leave Case - August 1996, provided that, for the purpose of
bereavement leave, the person need not have been responsible for the care of
the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(ii), (iii), (iv), (v) and (vi) of the said clause 14. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 20(ii) casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 14(i)(c)(2) of clause 14, State
Personal/Carer’s Leave Case - August 1996.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
21. Grievance and
Dispute Settling Procedure
Subject to the Industrial Relations Act 1996
grievances or disputes shall be dealt with in the following manner.
(i) The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, requesting a meeting with the employer for bilateral
discussions and state the remedy sought. This meeting shall take place within
two working days of the issue arising (weekends and holidays excepted).
(ii) If agreement
is not reached, the matter shall then be referred by the employer to a higher
authority (where this exists) no later than three working days after (i) above
(weekends and holidays excepted). At
the conclusion of the discussion, the employer must provide a response to the
employee's grievance if the matter has not been resolved, including reasons (in
writing or otherwise) for not implementing any proposed remedy.
(iii) If the matter
is still not settled within a reasonable period of time, it may be
referred/notified to the Industrial Relations Commission of New South Wales for
settlement by either party.
(iv) While a
procedure is being followed, normal work must continue.
(v) The employer may
be represented by an industrial organisation of employers and the employee(s)
may be represented by an organisation of employees for the purposes of each
step of the procedure.
22.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to achieve the object in section
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure by
this award the parties have obligations to take all reasonable steps to ensure
that the operation of the provisions of this award are not directly or
indirectly discriminatory in their effects.
It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provision of the award which, by its
terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by 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".
23. Labour
Flexibility
(i) For the
purposes of increasing productivity and flexibility, as well as enhancing
career opportunities for employees, multi-skilling may extend by agreement
between an employer and an employee to allow the employee to perform any work
in an enterprise within the scope of their skills and competence.
(ii) Discussion
shall take place at the enterprise with a view to reaching agreement for
employees to perform a wider range of tasks, removal of demarcation barriers
and participation of employees in additional training.
(iii) Notwithstanding
the provision of subclause (ii) of this clause, employees shall perform a wider
range of duties, including work which is incidental or peripheral to their main
tasks or functions.
(iv) Employees shall
perform such work as is reasonable and lawfully required of them by the
employer including accepting instruction from authorised personnel.
(v) Employees shall
comply with all reasonable requests to transfer or to perform any work provided
for by the award.
(vi) Employees shall
take all reasonable steps to ensure the quality, accuracy and completion of any
job or task assigned to the employee.
(vii) Employees shall
not impose any restrictions or limitations on the measurement and/or review of
work methods or standard work times, provided that appropriate consultation
between employer and employees has taken place.
24. Consultative
Mechanism
Enterprises shall establish a consultative mechanism and
procedures appropriate to their size, structure and needs for consultation and
negotiation on matters affecting their efficiency and productivity.
25. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW).
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to convert
his or her contract of employment to full-time employment and an employee who
has worked on a part-time basis during the period of casual employment has the
right to elect to convert his or her contract of employment to part-time
employment, on the basis of the same number of hours and times of work as
previously worked, unless other arrangements are agreed between the employer
and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(ix) Exemption
The abovementioned casual conversion clause will not
apply to persons who:
(a) perform work
pursuant to the Public Sector Employment and Management Act 2002.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any risks
identified in the workplace and the procedures to control those risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
26. Area Incidence
and Duration
(i) This award
rescinds and replaces the Nurses, &c., Other Than In Hospitals, &c.,
(State) Award, published 15th October 1993 (276 I.G. 1108) , and all variations
thereof.
(ii)
(a) It shall apply
to registered nurses, enrolled nurses and assistants in nursing and all persons
in the industry and calling of nurses employed in the State of New South Wales
excluding the County of Yancowinna within the jurisdiction of the Trained
Nurses, &c., Other Than In Hospitals &c., (State) Industrial Committee
or any committee replacing the said committee under the Industrial Relations
Act 1996 except persons covered by the following awards or industrial
agreements as varied or rescinded and replaced from time to time -
Occupational Health Nurses (State) Award as made by
Kavanagh J in IRC 2470 of 2000 on 27 July 2000.
Nurses, Non-Government Schools (State) Award published
9 July 1999 (309 I.G. 1096) as varied.
(b) It shall also
apply to registered nurses, enrolled nurses and assistants in nursing and all
persons in the industry and calling of nursing employed in day procedure
centres as defined by the Private Hospitals and Day Procedure Centres Act
1988
(iii) The provisions
of this award shall be effective on and from 12 October 2000. It shall remain in force for a period of 12
months thereafter.
(iv) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) take effect on and from 23 July 2007.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
TRAINED NURSES,
&C., OTHER THAN IN HOSPITALS, &c., (STATE) INDUSTRIAL COMMITTEE
Industries and
Callings
Registered and enrolled nurses, assistants in nursing,
and all persons employed as nurses in the industry and calling of nursing;
excepting employees of the Crown;
and excepting employees within the jurisdiction of the
following Industrial Committees:
Iron and Steel Works Employees )Australian Iron and
Steel Proprietary Limited);
Nurses Air Ambulance (State);
Public Hospital Nurses (State);
Private Hospital, Day Procedure Centre, Nursing Homes,
&c., Nurses (State);
Municipal and Shire Councils (Nurses);
Australian Wire Industries Pty Ltd _ Sydney Wiremill;
Tubemakers of Australia Limited, Newcastle;
County Councils (Electricity Undertakings) Employees;
and excepting also persons employed by -
The Council of the City of Sydney;
The Council of the City of Newcastle;
Sydney Electricity;
Electricity Commission of New South Wales, trading as
Pacific Power;
State Rail Authority of New South Wales;
State Transit Authority of New South Wales;
Roads and Traffic Authority of New South Wales;
Water Board;
The Hunter District Water Board;
The Maritime Services Board of New South Wales;
The Australian Gas Light Company;
Electrolytic Refining and Smelting Company of Australia
Proprietary Limited, metal Manufactures Limited, Australian Fertilizers
Limited, and Austral Standard Cables Proprietary Limited, in and about the
works of the said companies at Port Kembla, and employees within the
jurisdiction of the Smelting and Fertilizer Manufacturing (Sulphide Corporation
Pty Limited and Green leaf Fertilizers Limited) Industrial Committee.
PART B
MONETARY RATES
Table 1 - Salaries
|
|
Former Wage Rate
|
SWC 2010 Adjustment
|
Total Rate
|
|
|
$
|
%
|
$
|
|
Assistant in Nursing
|
|
|
|
|
1st year
|
585.00
|
4.25
|
609.90
|
|
2nd year
|
596.90
|
4.25
|
622.30
|
|
3rd year
|
608.90
|
4.25
|
634.80
|
|
4th year
|
621.10
|
4.25
|
647.50
|
|
Enrolled Nurse
|
|
|
|
|
1st year
|
629.80
|
4.25
|
656.60
|
|
2nd year
|
644.70
|
4.25
|
672.10
|
|
3rd year
|
667.60
|
4.25
|
696.00
|
|
4th year
|
686.50
|
4.25
|
715.70
|
|
Thereafter
|
699.70
|
4.25
|
729.40
|
|
Registered Nurse
|
|
|
|
|
1st year
|
714.90
|
4.25
|
745.30
|
|
2nd year
|
730.60
|
4.25
|
761.70
|
|
3rd year
|
759.00
|
4.25
|
791.30
|
|
4th year
|
787.00
|
4.25
|
820.40
|
|
5th year
|
817.30
|
4.25
|
852.00
|
|
6th year
|
847.20
|
4.25
|
883.20
|
|
7th year
|
877.10
|
4.25
|
914.40
|
|
8th year
|
909.30
|
4.25
|
947.90
|
|
UG1
|
935.80
|
4.25
|
975.60
|
|
Supervisory Nurse
|
950.40
|
4.25
|
990.80
|
Table 2 - Other Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
Amount
|
SWC 2010
|
|
No
|
No
|
|
|
Adjustment
|
|
|
|
|
$
|
%
|
|
1
|
3(iv)
|
Meal
|
8.23 per meal
|
-
|
|
2
|
6(i)
|
On Call During Meal
|
6.89 per day
|
4.25
|
|
3
|
6(ii)
|
On Call
|
16.36 per shift
|
4.25
|
|
4
|
17(i)
|
Uniform
|
7.52 per week
|
-
|
|
5
|
17(i)
|
Stockings
|
3.71 per week
|
-
|
|
6
|
17(ii)
|
Laundry
|
5.74 per week
|
-
|
|
7
|
18(i)
|
Vehicle Allowance
|
|
|
|
|
|
Standing Charge
|
|
|
|
|
|
Up to 2 litres
|
165.99 per week
|
-
|
|
|
|
Over 2 litres < 3.5 litres
|
182.72 per week
|
-
|
|
|
|
Over 3.5 Litres
|
187.78 per week
|
-
|
|
|
|
|
|
|
|
|
|
Vehicle Allowance
|
|
|
|
|
|
Running Charge
|
|
|
|
|
|
Up to 2 litres
|
31.48 cents per km
|
-
|
|
|
|
Over 2 litres < 3.5 litres
|
35.20 cents per km
|
-
|
|
|
|
Over 3.5 Litres
|
36.42 cents per km
|
-
|
|
8
|
18(iii)
|
Vehicle Allowance Casual Usage
|
70.30 cents per km
|
-
|
____________________
Printed by
the authority of the Industrial Registrar.