DIVISIONS OF GENERAL PRACTICE (STATE) AWARD - 1999
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1010 of 2001)
Before Mr Deputy President Grayson
|
18 May 2001
|
REVIEWED AWARD
1. Title
This award shall be known as the Divisions of General
Practice (State) Award - 1999.
2. Parties
This Award shall be binding upon:
(a) the employers
named:
The Barrier Division of General Practice Ltd;
Dubbo / Plains Division of General Practice;
Eastern Sydney Division of General Practice;
GENPRAC LTD, t/a The Tweed Valley Division of General
Practice;
Hornsby Ku-ring-gai Ryde Division of General Practice;
Hunter Rural Division of General Practice Ltd;
Illawarra Division of General Practice;
NSW Central West Division of General Practice;
Northern Rivers Division of General Practice;
Northern Sydney Division of General Practice Inc.;
St George District Division of General Practice Inc.;
South East NSW Division of General Practice Ltd;
South Eastern Sydney Division of General Practice Inc.;
The Sutherland Division of General Practice Inc.;
Wagga Wagga & District Division of General Practice;
Murrumbidgee Division of General Practice Ltd
New England Division of General Practice
North West Slopes (NSW) Division of General Practice Ltd
Barwon Division of General Practice
(b) the employees
of the employers named; and
(c) the unions
named:
The Health and Research Employees’ Association, and
The Federated Clerks Union of Australia, New South Wales
Branch.
3. Preamble
This award has been developed to address the needs of, and
to bind, the named New South Wales Divisions of General Practice in their role
as employers. Divisions of General Practice, established by the Commonwealth
Government, are funded on an outcomes basis by the Commonwealth Government.
The parties recognise the impact of Divisions’ subsequent
contractual obligations to the Commonwealth Government.
In particular, the parties recognise the contractual
limitations imposed on Divisions in relation to the employment of staff.
4. Arrangement
Subject Matter Clause Number
Title 1
Parties 2
Preamble 3
Arrangement 4
Definitions 5
No Disadvantage 6
Salaries and Allowances
Payment and particulars of Salaries 7
Classification System 8
Higher Level Duties 9
Contract of Employment
Forms of Employment 10
Probation 11
Redundancy 12
Termination of Employment 13
Leave
Annual Leave 14
Annual Leave Loading 15
Bereavement Leave 16
Emergency Services & Defence
Training Leave 17
Jury Service 18
Learning and Career
Development Leave 19
Leave Without Pay 20
Long Service Leave 21
Parental Leave 22
Personal / Carer’s Leave 23
Public Holidays 24
Sick Leave 25
Patterns of Work
Hours of Work 26
Overtime and Time in Lieu 27
Industrial Considerations
Anti-Discrimination 28
Appointments, Promotions &
Promotion Appeal
Procedures 29
Union Representative 30
Performance Counselling
and Disciplinary
Procedures 31
Introduction of Major Change 32
Labour Flexibility 33
Notice Board 34
Outside Work 35
Travel Expenses 36
Superannuation 37
Disputes Prevention &
Settlement Procedure 38
Part B
Salary Rates and Related Matters
Area, Incidence and Duration 42
Job Classification System 39
Salary Rates 40
Salary System 41
5. Definitions
"Consultation" means conferring and deliberating
between two or more people who share all of the relevant information which they
need to form a view or make a decision.
"Division" means one of the New South Wales
Divisions of General Practice who are party to this award.
"Designated manager" means the Chief Executive
Officer, the Executive Officer or the manager with executive authority for the
Division, as delegated by the Management Committee or Board of Directors.
"Employer" means a Division.
"Employee" means any person employed by a Division
party to this award, with the exception of employees required to be registered
nurses and of General Practitioners (GPs) who work four hours or less per week
for the employer.
"Mutual agreement" means agreement that is reached
after individuals have been fully informed of the issues under consideration,
including alternatives that are available or feasible. Mutual agreement is
achieved when managers and employees have entered into arrangements after full
and open discussions, free of any coercion.
"Standard hours" are the established number of
weekly or fortnightly hours required of full time employees by each employer.
6. No
Disadvantage
Nothing in this Award shall be deemed or construed to reduce
the wages, conditions or allowances of any employee below that level accorded
him or her prior to the date of operation of this Award.
7. Payment And
Particulars Of Salary
(a) Salaries shall
be paid fortnightly.
(b) Employees
shall have their salary paid by cheque or paid into accounts with banks or
other financial institutions as nominated by the employee. When paid into
accounts, salaries shall be deposited in sufficient time to ensure that they
are available for withdrawal by employees no later than pay day.
(c) On each pay
day an employee shall be provided with a statement, in writing, containing the
name, the amount of ordinary salary, the total number of hours worked
(including agreed extra hours), the amount of any other moneys paid and the
purpose for which they are paid, and the amount and nature of any deductions
made from total earnings.
8. Classification
System
(a) The
skills-based classification system contained in this award will apply to each
employer respondent to this award.
(b) Each employer
respondent must classify the jobs falling within the levels outlined below and
defined in full in Clause 39-Job Classification Systems, of Part B of this
award.
(c) Levels
There are six Classification levels for roles/ positions in
Divisions. They are briefly described as:
Level I
Roles classified at Level I are required to:
- demonstrate
basic operational knowledge in a moderate range of areas
- apply a
defined range of skills
- apply known
solutions to a limited range of predictable problems
- perform a
range of tasks where choice between a limited range of options is required
- access and
record information from varied sources
- take limited
responsibility for own outputs in work and learning
Level II
Roles classified at Level II are required to:
- demonstrate
some relevant theoretical knowledge
- apply a range
of well developed skills
- apply known
solutions to a variety of predictable problems
- perform
processes that require a range of well developed skills where some discretion
and judgment is required
- interpret
available information, using discretion and judgment
- take
responsibility for own outputs in work and learning
- take limited
responsibility for the output of others at Level I
Level III
Roles classified at Level III are required to:
- demonstrate
understanding of a broad knowledge base, incorporating some theoretical
concepts
- apply
solutions to a defined range of unpredictable problems
- identify and
apply skill and knowledge areas to a
wide variety of contexts with depth in some areas
- identify,
analyse and evaluate information from a variety of sources
- take
responsibility for own outputs in relation to specified quality standards
- take limited
responsibility for the quantity and quality of output of others
Level IV
Roles classified at Level IV are required to
- demonstrate
understanding of a broad knowledge base incorporating some theoretical
concepts, with substantial depth in some areas
- analyse and
plan approaches to technical problems or management requirements
- transfer and
apply theoretical concepts and/or technical or creative skills to a range of
situations
- take
responsibility for own outputs in relation to broad quantity and quality
parameters
- evaluate
information using it to forecast for planning or research purposes
- take limited
responsibility for the achievement of group outcomes
Level V
Roles classified at Level V are required to:
- demonstrate
understanding of a broad knowledge base incorporating theoretical concepts,
with substantial depth across a number of areas, and/or mastery of a
specialised area with a range of skills
applications
- analyse and
plan approaches to technical problems or management requirements applying
significant judgment in planning, designing, technical or supervisory functions
- transfer and
apply theoretical concepts and/or technical or creative skills to a broad range
of situations.
- evaluate
information using it to forecast for planning, design, evaluation or research
purposes
- responsibility
and accountability for output of self and others and for a defined broad range
of parameters
- take
responsibility for the achievement of group outcomes.
Level VI
Roles classified at Level VI are required to:
- demonstrate
understanding of a broad and deep knowledge base, incorporating theoretical and
abstract concepts and mastery of a specialised area.
- analyse and
plan approaches to technical problems and management requirements, applying
very significant judgment in planning, designing , policy development and
initiating change
- transfer and
apply theoretical concepts and technical or creative skills to a very broad
range of internal and external situations.
- evaluate
complex information, using it to forecast for planning, design and/ or management purposes.
- responsibility
and accountability for output of self and a significant number of others for a
broad range of defined and undefined parameters.
- take
responsibility for the outcomes of groups, multiple teams, and/or the Division
9. Higher Level
Duties
(a) Higher
Level Duties Allowance
A Higher Duties Allowance (HDA) is a payment made to an
employee when he or she is required temporarily to perform some or all of the
duties of a higher level position.
When an employee is appointed as "Acting", to
undertake the full responsibilities of that particular role, an allowance shall
be paid pro rata for the whole of the period acting, such allowance being at
the rate of the difference of the salary of the employee so acting and the
salary attaching to the position being relieved.
(b) Overlapping
salary range
Where the salary ranges of the relieving employee and the
higher level position overlap, the first step in the salary range of the higher
level position which is higher than the relieving employee’s salary shall be
the basis of determining the level of HDA to be paid.
(c) Minimum Period
The minimum period for which the employee must be required
to perform the duties of the higher level position, in order to be eligible for
HDA, is 5 consecutive working days.
Note: Where a public holiday falls within the HDA period it
shall be deemed not to have interrupted the period of HDA and the employee shall
be paid HDA for the public holiday.
(d) Partial
Performance
HDA may be paid at less than 100% of the allowance if the
employee is required not to assume the full duties of the role. Those duties or functions of the higher
level position which the employee is not to perform during the period of HDA
must be identified before the period of HDA commences and shall be the basis on
which the percentage of HDA to be paid is calculated.
(e) Leave
An employee who is in receipt of a Higher Duties Allowance for
a period in excess of 20 working days shall be paid such allowance for all paid
leave taken during that period.
10. Forms Of
Employment
Employment may be full-time, part-time, or casual.
(A) Full-Time
A full time employee is any employee who works the standard
number of hours of work in the Division.
(B) Part-Time
(a) A part-time
employee is one who is appointed by the Division to work a specified number of
hours less than those prescribed for a full-time employee.
(b) Part-time
employees shall be paid an hourly rate calculated on the basis of dividing the
rate prescribed in PART B- Salary Rates and Related Matters, by the standard
hours of the Division, with a minimum payment of two hours for each start.
(c) Employees
engaged on a part time basis will receive all terms and conditions on a
pro-rata basis unless these are specifically covered elsewhere in this award.
Time worked up to the standard hours of work for the
Division 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 or remunerated with
time in lieu.
(C) Casual
(a) A casual
employee is engaged on a non-continuing basis and required to work an irregular
pattern of hours on an intermittent basis.
(b) A casual
employee shall be paid an hourly rate calculated by dividing the appropriate
rate prescribed by the number of standard hours of the Division, plus a 20%
loading in lieu of all leave entitlements (including the 1/12th of pay
allowance for annual leave) and termination payments.
(c) A casual
employee will receive a minimum payment of two hours for each engagement.
11. Probation
A new employee may be appointed for a probationary period of
up to three months. During the probationary period specified (in writing), the
employment may be terminated by either party giving one weeks notice.
12. Redundancy
(a) Discussion
before Termination
(i) Where a
definite decision has been made by the Division that a particular position or
role is no longer required and the position(s) will be deleted leading to
termination of employment for one or more employees, the Division will hold
discussions with the affected employee(s) and will notify the Union. These discussions will be consistent with
Clause 38 - Disputes Prevention and Settlement Procedure of this Award.
(ii) These
discussions will take place as soon as practicable after the Division has made
a definite decision and should cover the following subject matters:
- any reasons
for the proposed termination(s);
- measures to
avoid or minimise termination(s);
- measures to
mitigate any adverse effects on the employee(s) concerned.
(iii) For the
purposes of these discussions the Division will provide, in writing, to the
employee(s) concerned and the Union all relevant information about the proposed
terminations including:
- the reasons
for the proposed termination(s);
- the number
and classifications of employees likely to be affected;
- the number of
employees normally employed;
- the period
over which the termination(s) will be carried out.
(b) Transfer to
Lower Paid Duties
Where an employee is offered a transfer to a lower paid
position for the reason/s referred to in paragraphs (a) (i) and (ii) of this
clause, the employee shall be entitled to the same period of notice of transfer
as they would have been entitled to receive if their employment had been
terminated. Alternatively, the Division may at its option, make a payment to
the affected employee(s) which is equal to the difference between the former
ordinary rate of pay and the new (lower) ordinary time rate for the number of
weeks of notice still owing. This
payment would be in lieu of notice requirements.
An employee offered a transfer to a lower position will have
the option of accepting the offer or retaining entitlement to the terms
specified in this clause for employees who are retrenched.
(c) Severance Pay
In addition to the period of notice determined under Clause
13 - Termination of Employment, an employee whose employment is terminated for
reasons set out in paragraph (a) (i) of this clause, shall be entitled to the
following amount of severance pay in respect of continuous service with the
Division:
Period of Continuous Service of age
|
Under 45 years
|
Severance Pay Over 45 years of age
|
Less than one year
|
Nil
|
Nil
|
1 year but less than two years
|
4 weeks pay
|
5 weeks pay
|
2 years but less that three years
|
7 weeks pay
|
8.75 weeks pay
|
3 years but less than four years
|
10 weeks pay
|
12.5 weeks pay
|
4 years but less than five years
|
12 weeks pay
|
15 weeks pay
|
5 years but less than six years
|
14 weeks pay
|
17.5 weeks pay
|
6 years and over
|
16 weeks pay
|
20 weeks pay
|
(i) For the
purpose of this clause, the term "Weeks Pay" will be defined as one
fifty-second (1/52) of the employee’s annual rate of pay, or one half (1/2) of
the employee’s fortnightly rate of pay.
(ii) For the
purpose of this clause, continuous service shall be counted as all service with
the Division where there is no more than eight weeks break between consecutive
periods. Approved Leave Without Pay
shall be counted as valid continuous service for the purposes of this clause;
(d) Employee
Leaving During Notice Period
An employee whose employment is terminated for reasons
referred to in paragraphs (a)(i) and (ii) of this clause may terminate
employment during the notice period and, if so, shall be entitled to the same
benefits and payments under the clause as if they had remained with the
Division until the expiry date of such notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Alternative
Employment
The Division may make application to the Commission to have
the general severance pay prescription varied in cases where the Division has
been able to obtain suitable alternative employment for the employee(s).
(f) Time Off
during Notice Period
(i) During the
period of notice of termination given by the Division, the employee shall be
allowed up to one day’s time off without loss of pay during each week of notice
for the purpose of seeking other employment;
(ii) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the Division, be required to produce proof of attendance at
interview or he/she shall not receive payment for the time absent. For this
purpose a statutory declaration will be sufficient.
(g) Employees
Exempted
This clause shall not apply where employment is terminated
as a consequence of conduct that justifies instant dismissal.
(h) Transmission
of Business
In the event that the Division transmits any part of the
business to another employer, an employee who was employed at the time of the
transmission
(i) shall be
deemed to have continuous service, i.e. service shall not be deemed to have
been broken due to the transmission, and
(ii) the period of
employment which the employee has had with the Division will be deemed to be in
the service of the new employer.
(iii) In this
sub-clause, "transmission" includes transfer, conveyance, assignment
or succession whether by agreement or by operation of law and
"transmitted" has a corresponding meaning.
(i) Additional
Notice or Pay in lieu thereof
(i) In addition
to the period of notice determined under Clause 13 - Termination of Employment,
an employee whose employment is terminated for reasons referred to in subclause
(a) hereof, will be also entitled to the following additional periods of
notice, or pay in lieu thereof, by mutual agreement, as determined by the
following scale:
Period of Service Period
of Notice
Less than 1 year 1 week
1 year but less than three years 2 weeks
3 years but less than five years 3 weeks
5 years and over 4 weeks
(ii) In addition
to the notice above, employees over age 45 years of age at the time of giving
of the notice, with not less that two years service, shall be entitled to an
additional one weeks notice.
(iii) Notice
periods shall be worked by the employee unless by mutual agreement the
requirement to work all or part of such notice period is waived. In such instances payment for the balance of
notice time shall be made in lieu thereof.
(j) Incapacity to
Pay
An employer, in a particular redundancy case, may make
application to the Commission to have a severance pay prescription varied on
the basis of the employer’s incapacity to pay.
13. Termination
Of Employment
This clause applies to all employees except those on
probation, as specified in clause 10 of this award.
(a) Notice by
Employer
(i) If the employee
is 45 years of age or less -
EMPLOYEES’ PERIOD OF CONTINUOUS SERVICE
|
PERIOD OF NOTICE
|
less than 3 years
|
2 weeks notice
|
3 years but less than 5 years
|
3 weeks notice
|
5 years and beyond
|
4 weeks notice
|
(ii) If the
employee is over 45 years of age -
EMPLOYEES PERIOD OF CONTINUOUS SERVICE
|
PERIOD OF NOTICE
|
less than 2 years
|
2 weeks notice
|
2 years and less than 3 years
|
3 weeks notice
|
3 years and less than 5 years
|
4 weeks notice
|
5 years and beyond
|
5 weeks notice
|
(iii) The employer
may make payment in lieu of notice.
(b) Serious
misconduct
(i) If the
employer terminates the employment of an employee for serious misconduct, the
employer need not give advance notice nor pay for more than the time actually
worked.
(ii) The employer
must notify the Union/s within a week if the employment of a member of the
Union has been terminated because of misconduct or unsatisfactory performance.
(c) Notice by
employees
(i) Employees
must give the employer at least two weeks notice of termination.
(ii) If an
employee leaves without giving and working out 2 weeks notice, the employee
forfeits an amount equal to the salary for the period not worked.
(d) Service
statement
A statement of service must be provided by the employer if
requested by the employee.
14. Annual Leave
(a) Entitlement
Employees, other than casual employees, will be entitled to
Annual Leave without loss of pay at the rate of 20 working days per annum for
full time employees. Such entitlement will commence from the first day of
employment.
(b) Taking of
Leave
Annual Leave will be taken at times mutually convenient to
the Division and the employee. However,
if an employee has given at least one months written notice of intention to
take Annual Leave, such leave will not be unreasonably refused.
Where an employee's accrued leave exceeds 40 days, the
employee will be directed to take the excess leave within six months from the
anniversary date on which it accrued.
The employer cannot otherwise direct an employee to take
Annual Leave without at least two months notice and then only for a maximum
period of two weeks.
For continuing employees, the designated manager may approve
Annual Leave being taken in advance of the entitlement being accrued.
(c) Payment in
Lieu on Termination
On termination of an employee’s service with the Division,
payment will be made for any entitlement to leave not taken, subject to the
following:
On the death of an employee, payment in lieu of accrued
leave shall be paid to the estate of the deceased.
(d) Sickness
during Leave
An employee who becomes sick during annual leave may have
the period of such illness debited to accrued sick leave credits and a
corresponding period credited to annual leave entitlements, provided that the
employee provides to the employer a certificate of sickness issued by a
registered medical practitioner, when the days of sickness exceed three.
(e) Public
Holidays during Leave
Any Public Holiday falling within the period of Annual Leave
shall not be debited from Annual Leave credits.
15. Annual Leave
Loading
(a) An annual
leave loading of 17.5 per cent is payable upon and in addition to the
employee’s ordinary weekly rate prescribed in this award for the period of the
annual leave taken, when the employee takes such leave. Allowances, penalty
rates, or any other payments prescribed under this award are not to be taken
into account in calculating the amount on which the loading is payable.
(b) Loading is
also payable to an employee who takes annual leave wholly or partly in advance
during their first year of employment.
16. Bereavement
Leave
An employee shall on production of satisfactory evidence be
entitled ‑
(a) On the death
of a partner, father, mother, brother, sister, child, step‑child, mother‑in‑law
or father‑in‑law, grand‑parent, grand‑child, next of
kin, or close friend - to leave on full salary for a period not exceeding five
(5) days.
(b) For the
purpose of this clause the word "partner" shall include a person who
lives with, and is in a relationship with the employee, i.e. including a de
facto relationship.
17. Emergency
Services And Defence Training Leave
(a) Emergency
Services
Employees will be granted paid leave by the employer in
order that they may serve in recognised emergency services in times of
community, state or national disasters and emergencies (e.g. State Emergency
Services, Rural Fire Brigade, St John’s Ambulance).
(b) Defence
Training
The designated manager may approve leave on full salary for
employees who are members of the Defence Reserve, for the purposes of attending
Naval, Military or Air Force training.
(c) Service
Leave specified in subclauses (a) and (b) will not be
deducted from Sick, Annual, Long Service or any other accrued leave.
(d) Application
Requests for Emergency Services or Defence Training leave
should have attached documentary evidence of the service performed or required
(e.g. request from the Commanding Officer of the employee’s unit).
18. Jury Service
An employee, except a casual employee, required to attend
for Jury Service during ordinary working hours will be reimbursed by the
Division an amount equal to the difference between the amount paid in respect
of his/her attendance for such jury service and the amount of wages the
employee would have received in respect of the ordinary time that would have
been worked had the employee not been on Jury Service.
An employee must notify the Division as soon as possible of
the date upon which he/she is required to attend for Jury Service. Further, the employee will give the Division
proof of attendance, the duration of such attendance and the amount received in
respect of such Jury Service.
19. Learning And
Career Development Leave
(a) Purpose
In an endeavour to provide employees with continual learning
opportunities, the employer will, whenever practicable, provide learning time
and assistance with costs for relevant courses and conferences which will
assist in the employees’ present roles and equip them to develop their careers.
(b) Support for
Skilling and Learning
The employer will ensure that adequate skilling is provided
to ensure employees are equipped to perform their current roles.
The employer will, whenever practicable, pay for attendance
at appropriate courses, seminars or professional development programs to ensure
that employees remain up-to-date on issues relevant to their roles and the
Division’s business.
(c) Assistance
(i) external
courses; part-time employees on a pro rata basis. The relevant manager’s
approval must be obtained prior to the commencement of the course.
(ii) This
subclause applies to any course which may be relevant to the employee’s current
position or future career with the Division. This includes:
- University
degrees;
- TAFE
certificates / diplomas;
- Specific
shorter term courses;
- Post graduate
courses
(d) Study leave
Up to one (1) day of study leave will be provided for each
subject in a course approved, as in paragraph (c)(ii) of this subclause.
(e) Exam leave
Employees will be given time off to attend any exams falling
within their ordinary working hours.
Specific additional types of Learning leave are:
(f) Conference
leave
All employees except casual employees are eligible for
Conference leave.
"Conferences" will, for the purpose of this
clause, mean conferences, congresses, seminars and symposia conducted by
professional associations or learned societies on a recurrent basis - annual,
biennial, or other.
(i) Where
employees are required to attend, the costs of their attendance will be met by
the employer.
(ii) The designated
manager may give approval for employees to be granted paid leave and travelling
expenses in order to attend conferences.
(g) Professional
Development leave
Employees may apply to the designated manager for up to five (5) days of paid leave per
annum plus payment of relevant fees, to facilitate their professional
development and maintenance of skills relating to their employment.
(h) External Study
Leave
(i) Purpose
It is recognised that employees periodically need to study
and work in universities, hospitals and libraries, and other learning/teaching
situations. External Study Leave which provides paid leave and a travel grant,
may be approved for these purposes. A
submission detailing the intended program to be submitted for consideration and
approval to the Board.
(ii) Minimum
Period
Twelve weeks is the minimum period which generally would be
regarded as constituting External Study leave.
(iii) Resignation
during or closely following External Study Leave
External Study Leave is granted on the basis that the
Division will have the benefit of the employee’s services for some time after
return from External Study Leave.
Except in special circumstances, employees are required to provide
continuing service after External Study Leave for a period at least equivalent
to the period of the leave taken.
If the employee resigns during their leave or in the period
after their return equivalent to the period of the leave taken, then he or she
may, at the discretion of the Division, be required to re-pay the travel grant
to the Division.
20. Leave Without
Pay
The designated manager may grant applications for leave
without pay where such applications are supported by a statement of the
circumstances and the recommendation of the employee’s team leader or
supervisor.
Periods of leave without pay will not count as service and all entitlements will be suspended
during such periods of unpaid leave, except that periods of leave without pay
of less than 20 working days will not postpone the accrual date for long
service leave.
21. Long Service
Leave
(a) Entitlement
Each employee shall be entitled to two months long service
leave on full pay after completing ten years service.
Then additional long service leave will accrue on the basis
of two months long service leave on full pay for each ten years service.
(b) Service
For the purposes of sub-clause (a) of this clause:
- ‘Service"
shall mean continuous service with the employer;
- Broken
periods of service with the employer shall count as service subject to any one
such break not exceeding a period of two calendar months.
- "Service"
shall not include any period of leave without pay in excess of 20 working days,
except in the case of employees who have completed at least ten years service.
(c) Termination
of Service
(i) On
termination of employment after the completion of 10 years service,-in respect
of the number of years service with the employer completed since the employee
last took long service leave, the employee will be entitled to an amount of long
service leave, proportionate on the basis of 2 months for 10 years of service.
(ii) Where an
employee with at least 5 years service as an adult and less than 10 years
service is terminated by the Division for any reason other than the employee's
serious and wilful misconduct, or by the employee on account of illness,
incapacity or domestic or other pressing necessity, he/she will be entitled to
be paid a proportionate amount for long service leave on the basis of 2 months
long service leave for 10 years service.
(iii) On the
termination of employment of an employee, otherwise than by his/her death, an
employer shall pay to the employee the monetary value of all long service leave
accrued and not taken at the date of such termination and such monetary value
shall be determined according to the salary payable to the employee at the date
of such termination.
(d) Death
Where an employee who has acquired a right to long service
leave, or after having had five years service as an adult and less than ten
years service dies, the widow or the widower of such employee, or if there is
no such widow or widower, the children of that employee, or if there is no such
widow, widower, or children, such person who, in the opinion of the employer,
was at the time of the death of such employee, a dependent relative of such
employee, shall be entitled to receive the monetary value of the leave not
taken or which would have accrued to such employee, had his/her services
terminated as referred to in paragraph (ii) of sub-clause (c) of this clause
and such monetary value shall be determined according to the salary payable to
the employee at the time of his/her death.
Where there is a guardian of any children entitled under
this paragraph, the payment, to which such children are entitled, may be made
to their guardian for their maintenance, education and advancement.
Where there is no person entitled under this paragraph to
receive the monetary value of any leave payable under the foregoing provisions
payment in respect thereof shall be made to the legal representative of the
employee.
(e) When Long
Service leave can be taken
(i) Long Service
Leave will be taken at a time mutually agreed between the employer and the
employee.
(ii) Employees
intending to take Long Service Leave shall give a minimum of four weeks written
notice to the Division advising their intention to take such leave and the date
such leave is to commence.
(iii) The employer
may allow an employee to take long service leave before it is due.
(iv) If an employee
or the employer terminates his or her services for any reason, any amount paid
for long service leave which the employee has taken before its due date and to
which the employee is not entitled is an overpayment. The employer may subtract
the amount of overpayment from any money payable to the employee on his or her
termination.
(f) How Leave is
paid
Long service leave is paid at the employee’s ordinary rate
of salary at the time the leave is taken.
At the employer’s discretion, an employee may have their
salary for long service paid:
(i) in full when
the leave starts; or
(ii) at the time
when it is normally paid.
By mutual agreement between the employer and the employee,
the employee may have their salary for long service leave paid in any other way
agreed.
(g) Public
holidays
Long service leave is exclusive of public holidays falling
within the period of leave in the state in which the employee works.
(h) Previous
Part-Time Service
Previous part-time service with the employer will count as
service for long service leave purposes, provided that the part-time service
merges without break with the subsequent service.
(i) Transmission
of Business
In the event that the Division transmits any part of the
business to another employer, an employee who was employed at the time of the
transmission shall be deemed to have continuous service, i.e. service shall not
be deemed to have been broken due to the transmission, and
(i) The period of
employment which the employee has had with the Division will be deemed to be in
the service of the new employer.
(ii) In this
sub-clause, "transmission" includes transfer, conveyance, assignment
or succession whether by agreement or by operation of law and
"transmitted" has a corresponding meaning.
22. Parental Leave
Subject to the terms of this clause, employees are entitled
to maternity, paternity and adoption leave and to work part-time in connection
with the birth or adoption of a child.
(a) Definitions
For the purpose of this clause "child" means a
child of the employee under the age of one year except for adoption of a child
where "child" means a person under the age of five years who is
placed with the employee for the purposes of adoption, other than a child or
step-child of the employee or of the spouse of the employee or a child who has
previously lived continuously with the employee for a period of six months or
more.
(b) Basic
entitlement
(i) After at
least fifty-two weeks continuous service, parents are entitled to a combined
total of 52 weeks parental leave on a shared basis in relation to the birth or
adoption of their child. For females, maternity leave (up to two weeks of which
are paid) may be taken and for males, Paternity leave may be taken. Adoption
leave may be taken in the case of adoption.
Except for the two weeks paid maternity leave entitlement,
all parental leave is unpaid.
(ii) Parental
leave is to be available to only one parent at a time, except that both parents
may simultaneously access the leave in the following circumstances:
- for maternity
and paternity leave, an unbroken period of one week at the time of the birth of
the child;
- for adoption
leave, an unbroken period of up to three weeks at the time of the placement of
the child.
(c) Maternity
leave
(i) Notice
An employee will provide to the employer at least ten (10)
weeks in advance of the expected date of commencement of parental leave:
(a) a certificate
from a registered medical practitioner stating that she is pregnant and the
expected date of confinement;
(b) written notification
of the date on which she proposes to commence maternity leave, and the period
of leave to be taken; and
(c) a statutory
declaration stating particulars of any period of paternity leave sought or
taken by her spouse.
(ii) Date of
Commencement
Subject to subclause (b), paragraph (i), and unless agreed
otherwise between the employer and employee, an employee may commence parental
leave at any time within six weeks immediately prior to the expected date of
the birth.
(iii) Evidence of
fitness
Where an employee continues to work within the six week
period immediately prior to the expected date of birth, or where the employee
elects to return to work within six weeks after the birth of the child, an
employer may require the employee to provide a medical certificate stating that
she is fit to work on her normal duties.
(iv) Special
maternity leave
Where the pregnancy of an employee terminates after 28 weeks
and the employee has not commenced maternity leave, the employee may take
unpaid special maternity leave of such period as a registered medical
practitioner certifies as necessary, except that where an employee is suffering
from an illness not related to the direct consequences of the birth, an
employee may be entitled to paid sick leave in lieu of, or in addition to,
special maternity leave.
(v) Where leave is
granted under subclause 18 ( c ) (iv), during the period of leave an employee
may return to work at any time, as agreed between the employer and the
employee, provided that time does not exceed four weeks from the recommencement
date desired by the employee.
(vi) Illness
Associated With Pregnancy
If, because of an illness associated with her pregnancy, an
employee is unable to continue to work then she can elect to use any available
paid leave (sick, annual and/or long service leave) or to take sick leave
without pay.
Where an employee is entitled to paid maternity leave but
because of illness is on sick, annual, or long service leave prior to the
birth, such leave ceases two weeks prior to the expected date of birth. The
employee then commences maternity leave with the normal provisions applying.
(vii) Effect of
Premature Birth on Maternity Leave
An employee who gives birth prematurely, and prior to
proceeding on maternity leave, shall be treated as being on maternity leave
from the date leave is commenced to have the child. Should an employee return to duty during the period of paid
maternity leave, such paid leave ceases from the date duties are resumed.
(viii) Paid maternity
leave
Eligible employees are entitled to paid maternity leave as
follows:
(a) An employee is
entitled to two weeks at the ordinary rate of pay from the date maternity leave
commences.
(b) paid maternity
leave may be paid on a normal fortnightly basis or in advance.
(ix) Further
Pregnancy while on Maternity Leave
Where an employee becomes pregnant whilst on maternity
leave, a further period of maternity leave may be granted. Should this second
period of maternity leave commence during the currency of the existing period
of maternity leave, then any residual maternity leave from the existing
entitlement lapses.
(d) Paternity
leave
(i) Notice
An employee will provide to the employer at least ten weeks
prior to each proposed period of paternity leave
(i) a certificate
from a registered medical practitioner which names his partner, states that she
is pregnant and the expected date of confinement, or states the date on which
the birth took place; and
(ii) written
notification of the dates on which he proposes to start and finish the period
of paternity leave; and
(iii) a statutory
declaration stating:
(a) he will take
that period of paternity leave to become the primary care - giver of a child;
and
(b) particulars of
any period of maternity leave sought or taken by his spouse.
(e) Adoption leave
(i) Notice
The employee will notify the employer at least ten weeks in
advance of the date of commencement of adoption leave and the period of leave
to be taken. An employee may commence adoption leave prior to providing such
notice, where through circumstances beyond the control of the employee, the
adoption of the child takes place earlier.
Before commencing adoption leave, an employee will provide
the employer with a statutory declaration stating:
(a) the employee
is seeking adoption leave to become the primary care-giver of the child;
(b) particulars of
any period of adoption leave sought or taken by the employee’s spouse.
(ii) Confirmation
The employer may require an employee to provide confirmation
from the appropriate government authority of the placement.
(iii) Non-continuance
Where the placement of a child for adoption with an employee
does not proceed or continue, the employee will notify the employer immediately
and the employer will nominate a time not exceeding four weeks from receipt of
notification for the employee’s return to work.
(f) Variation of
period of parental leave
Unless otherwise agreed between the employer and employee,
an employee may apply to their employer to change the period of parental leave
on one occasion. Any such change is to be notified at least four weeks prior to
the commencement of the changed arrangements.
(g) Parental leave
and other entitlements
An employee may in lieu of, or in conjunction with, parental
leave, access other paid leave entitlements which they have accrued, such as
annual leave or long service leave, subject to the total amount not exceeding
52 weeks.
(h) Transfer to a
safe job
(i) Where an
employee is pregnant and, in the opinion of a registered medical practitioner,
illness or risks arising out of the pregnancy or hazards connected with the
work assigned to the employee make it inadvisable for the employee to continue
at her present work, the employee will, if the employer deems it practicable,
be transferred to a safe job at the salary rate and on the conditions attaching
to that job until the commencement of maternity leave.
The position to which the employee is transferred under
these circumstances must be as close as possible in status and salary to her
substantive position.
(ii) If the
transfer to a safe job is not practicable, the employee may elect, or the
employer may require the employee, to commence maternity leave.
(i) Return to
work after a period of parental leave
(i) An employee
will notify their intention to return to work after a period of parental leave
at least four weeks prior to the expiration of the leave
(ii) An employee
will be entitled to the position they held immediately before proceeding on
parental leave. In the case of an employee transferred to a safe job pursuant
to subclause (h), the employee will be entitled to return to the position they
held immediately before such transfer.
(iii) Where such
position no longer exists but there are other positions available which the
employee is qualified for and is capable of performing, the employee will be
entitled to a position comparable in status and salary to that of their former
position.
(j) Replacement
employees
(i) A replacement
employee is an employee specifically engaged or temporarily promoted or
transferred as a result of an employee proceeding on parental leave.
(ii) A replacement
employee will be informed of the temporary nature of the employment and of the
rights of the employee who is being replaced.
(k) Effect of
Parental Leave on Accrual of Leave, Increments, etc.
When the employee has resumed duties, any period of full-pay
leave is counted in full for the accrual of annual or long service leave except
in the case of employees who have completed ten years service, the period of
unpaid parental leave does not count as service for long service leave
purposes. Where the employee has completed ten years service the period of
unpaid parental leave shall count as service provided such leave does not
exceed six months.
(l) Return for
Less than Full-Hours
An employee, on application to the employer, will be
entitled to return to duty for less than the full time hours they previously
worked.
Such return to work is to be according to the following
principles:
- the period is
to be limited to 12 months, after which full-time duties must be resumed;
- the employee
is to make an application for return to part time work. This application should
be made as early as possible to enable the employer to make suitable staffing
arrangements. At least four weeks' notice must be given;
- the quantum
of part time work to be allowed to individual employees is to be at the
discretion and convenience of the employer.
- salary and
other conditions of employment are to be adjusted on a basis proportionate to
the employee's full-time hours of work.
(m) Liability for
Superannuation Contributions
During a period of unpaid parental leave neither the
employer nor the employee will be required to meet any superannuation
liability.
(n) Part Time
Employees
Part-time employees as defined in subclause 10B of this
award are covered by this clause.
23. Personal/Carer’s
Leave
(a) From the date
of this Award, employees can utilise Personal / Carer’s leave to meet family
activities and community service responsibilities. This could include a need to
respond to an emergency situation, for example:
- the illness
of a relative;
- where a child
carer is unable to look after their charge;
- a household
emergency which requires the employee’s presence at home; or
- where an
employee is unable to attend work because of adverse weather conditions which
either prevent attendance or threaten life or property.
It could also be used in the event of planned absences or
where some advance notice is given, for example:
- 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.
The definition of "family" or "relative"
for the purposes of this Award shall be:
(i) any person to
whom the person is related by blood, marriage, affinity (eg: de-facto), or
adoption; or
(ii) any person
who is wholly dependent on, or a member of the household of, the person.
Leave for other family and community service requirements
may be granted to employees at the discretion of the designated manager.
(b) The maximum
amount of Personal/Carer’s leave on full pay, which may be granted, is five (5)
days in each year of service. Such
leave shall not accumulate from year to year.
(c) Where
employees have exhausted paid Personal / Carer’s Leave they have the option of
using the undermentioned types of leave:
(i) Sick Leave
(ii) Annual leave;
(iii) Long service
leave.
24. Public
Holidays
(a) Where any
holiday prescribed by this award falls on a day ordinarily worked by the
employee, the employee shall not have a reduction in their ordinary pay. Except
as otherwise provided in this sub-clause, where an employee is required to, and
does, work on any of the holidays set out in this sub-clause, whether for a
full shift or not, the employee shall be paid at time and a half extra for the
ordinary rostered hours of duty on that day.
(b) For the
purpose of this clause the following shall be deemed public holidays, viz.: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Christmas Day, Boxing Day, Anzac Day, Queen's Birthday, local Labour Day and
any other day duly proclaimed and observed as a public holiday within the area
in which the accustomed place of work is situated.
(c) In addition to
those public holidays specified in sub clause (b), employees are entitled to an
extra public holiday each year in lieu of the NSW bank holiday. Such public holiday will occur on a date
which is agreed upon between the employees and the employer and that date will
then be treated as a public holiday in accordance with subclause (a).
25. Sick Leave
(a) Entitlement
A permanent employee shall be entitled to 10 days sick leave
on full pay for each year of continuous service provided that:
(i) the employer
may request a substantiating medical certificate when an employee has been
absent from work for a period of three
days or more;
(ii) Employees who
are employed by the employer at the date of the commencement of this award
shall retain to their credit, until exhausted, any accumulation of sick leave
to their credit immediately prior to such date; provided that such credit is
not less than the entitlement otherwise prescribed by this clause.
(iii) Each employee
shall take all reasonably practicable steps to inform the employer of his or
her inability to attend for duty and as far as possible state the estimated
duration of the absence. Where practicable such notice shall be given within
twenty-four hours of the commencement of such absence.
(iv) Sick leave
shall continue to accumulate from year to year.
(b) Workers’
compensation
An employee shall not be entitled to sick leave for any
period in respect of which such employee is entitled to workers' compensation
payments.
(c) Sickness on
Annual or Long Service leave
Subject to the provision of a satisfactory medical
certificate (which may be required if the illness exceeds three (3) days), and
sick leave being due, annual leave or long service leave shall be re-credited
where an illness occurs during the period of annual or long service leave.
26. Hours Of Work
(a) Maximum Number
of Hours
(i) The maximum
number of ordinary hours of work is 76 hours over a 2 week cycle or its
equivalent.
(ii) The actual
number of ordinary hours will be as agreed between individual employees and the
employer.
(b) Span of
Working Hours
Agreed ordinary hours must be worked between 8.00am and
6.00pm, except by mutual agreement between the employer and employee.
The actual starting and finishing time within the span of
working hours will be agreed by the employee and management.
(c) Limits on
Agreed Hours
Employees must:
(i) work their
number of agreed hours
(ii) not work more
than 5 hours without a break of at least 30 minutes
(iii) not be
required to work more than 5 consecutive days in any work cycle of 7 days, and
are entitled to take any 2 consecutive days as a notional weekend.
Employees may agree to work:
(iv) up to 10
agreed hours on any one day
(v) up to 50 hours
in any cycle of 7 days
(vi) more than 5
consecutive days in any work cycle of 7 days
(vii) on weekends
and public holidays.
There must be:
(viii) a continuous
period of at least ten (10) hours of time off between each successive span of
working hours.
(d) Flexible
Arrangements
Within the limits specified in subclauses (a), (b) and (c),
the employer and employees in a workplace may by agreement introduce a system
of Flexible Working Hours or a Rostered Day Off system or an Accumulated Day
Off system.
27. Overtime And
Time In Lieu
(a) Overtime
Overtime is all approved time that is worked by employees
earning a base salary rate less than the entry level salary rate for
classification level 6, as set out in subclause 40(b):
(i) in excess of
the total agreed hours for the work cycle of the employee;
(ii) outside the
employer’s normal daily hours; or
(iii) outside the
agreed pattern of hours of the individual.
(b) Compensation
for Overtime
(i) Time in Lieu
An employee who works approved overtime may be compensated
by way of time-in-lieu of overtime, subject to the following:
(i) the accrual
and taking of time in lieu of overtime will be conditional on mutual agreement
of the employee and the employer;
(ii) time off in
lieu shall, whenever possible, be taken within two months of it being accrued;
(iii) records of
all time-in-lieu owing to employees and taken by employees must be maintained
by the employer;
(iv) time in lieu
will be taken as time off duty during the agreed span of ordinary working hours
at the rate of one hour for each overtime hour worked;
(v) upon
termination of employment an employee shall receive payment for any untaken
time-in-lieu hours remaining to his/her credit.
(ii) Overtime Pay
Only hours of overtime in excess of ten (10) hours more than
the Division’s standard fortnightly hours will be paid at the overtime rate of
time and a half, unless the employee opts to take time in lieu at time and a
half, and the employer agrees.
(c) Overtime for
Part-Time Employees
When part time employees are asked to work overtime, they
have three options:
(i) to work the
additional hours and be paid at ordinary time rates up to the standard hours,
and at time and a half from there on; or
(ii) to agree to
take payment as time in lieu (the period of time off will be the actual number
of hours worked overtime);or
(iii) to refuse the
additional hours of work.
Should the part-time employee choose option (iii), he or she
will not be discriminated against or disadvantaged because of this choice by
either the employer or fellow employees.
(d) Meal Money
An employee required to work overtime following on the
completion of their normal day or ‘shift’ for more than two hours will be
provided with a paid meal break of at least twenty minutes. The meal will be
provided by the employer free of charge or the employee will be paid a meal
allowance in line with the appropriate Australian Taxation Office rates, as
published from time to time.
28. Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity and age.
(b) 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(1) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(2) offering or
providing junior rates of pay to persons under 21 years of age;
(3) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(4) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) 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.
29. Appointments,
Promotions & Promotional Appeal Procedures
(a) Notification
of Appointment and Role Classification
(i) All employees
should be given a letter of employment which should specify:
- the
commencement date of employment;
- the position
description for the role;
- the
classification of the role or position;
- the minimum
salary applicable to the position;
- the salary of
the employee on appointment;
- and the
letter will incorporate, whether directly and/or by reference to other
documents,
- the
conditions of employment for that position.
(ii) Where the
conditions of employment are incorporated by reference to other documents, the
contract shall advise the employee where those documents can be accessed.
(b) Selection and
Promotion
Where selection or promotion occurs, such selection or
promotion will be on the basis of merit.
(c) Appeals
against non-selection / non-promotion
Each Division will establish and implement a procedure for
dealing fairly and equitably with appeals against non-selection and
non-promotion.
30. Union
Representative
On receiving written notification by the Union, the employer
will recognise an employee-appointed Union representative as the accredited
representative of the Union. The employer will allow the Representative
reasonable time during work hours to interview employees and to meet with the
employer to discuss matters affecting employees.
31. Performance
Counselling And Disciplinary Procedures
(a) Where
counselling or disciplinary action is necessary, the management representatives
shall notify the employee of the reason and issue a verbal warning(s).
(b) If the problem
continues the matter will be discussed with the employee and a first formal
warning will be given in writing to the employee and recorded on the employee’s
personal file. An employee may elect to have a representative of his/her
choosing present during such discussions and may include representatives of the
union
(c) If the problem
continues to occur, the employee will again be counselled by management and a
second and final warning in writing may be given. Again, the employee may elect to have a representative of his/her
choosing present during such discussions and may include representatives of the
union.
(d) If performance
or behaviour continues to be unsatisfactory the Executive Officer or Board’s
nominee may be requested to become involved with a view to facilitating the
establishment of a "Performance Improvement Plan" between the
employee and his/her supervisor. Such
"Plan" will be monitored by a mutually agreed third party.
(e) In the event
of the matter recurring the employee may be terminated. No dismissals are to take place without the
authority of the Board’s nominee.
(f) Summary
dismissal of an employee may still occur for acts of "serious and wilful
misconduct".
(g) If a dispute
should arise over counselling or disciplinary action, the course of action to
be followed is as set down in Clause 38. Disputes Prevention and Settlement
Procedure.
(h) If, after any
warning, a period of twelve months elapses without any further warning or
action being required, all adverse reports relating to the warning will be
removed from the employee’s personal file.
32. Introduction
Of Major Change
(a) Preamble
The parties agree to co-operate in the management of
workplace change to maximize mutual benefits. They will consult as early as
possible about any proposed change which is likely to have a significant effect
on Division employees.
(b) Duty to
Consult
(i) Prior to
making a definite decision to introduce major changes in program organisation,
structure or technology, production or such other changes that are likely to
have significant effects on employees, the Division will consult with the
employees who may be affected by the envisaged changes and the employees’
chosen organisations or representative/s.
(ii) "Significant
effects" referred to in paragraph (i) include termination of employment,
major changes in the composition, operation, or size of the Division’s
workforce, or in skills required; the elimination or diminution of job
opportunities, promotion opportunities or job tenure; the alteration of hours
of work; the need for retraining or transfer of employees to other work or
locations; and the restructuring of jobs.
(iii) If the
Division decides to proceed with the change proposal, it will consult with the
employee/s affected and their nominated representative, which may be their
Union, and endeavour to reach an agreement about how the change will be
implemented and how detrimental outcomes for affected employees can be avoided
or mitigated.
(iv) For the
purposes of such consultation and discussions, the Division shall provide in
writing to the employees concerned and their Union/s, all relevant information
about the changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect
employees, provided that the Division will not be required to disclose
confidential information, the disclosure of which would be detrimental to the
Division’s interests.
33. Labour
Flexibility
(a) The employer
may direct an employee to carry out such duties as are reasonable, and within
the limits of the employee's skill, competence and training consistent with the
classification of the employee’s role, and/or the employee’s career stream
provided that such duties are not designed to promote de-skilling.
(b) The employer
may direct an employee to carry out such duties and use such resources as may
be required provided that the employee has been properly trained or has
otherwise acquired the necessary skills in the use of such resources.
(c) Any direction
issued by the employer pursuant to sub-clause (a) and (b) shall be consistent
with the employer's responsibilities to provide a safe and healthy work
environment.
34. Notice Board
The Division shall permit a notice board of reasonable
dimensions to be erected in a prominent position upon which the Union
representative shall be permitted to post Union notices.
35. Outside Work
Where full-time or part-time employees wish to engage in
outside activities within working hours for which payment is provided, the
prior approval of management must be obtained.
36. Travel
Expenses
(a) Travel for
Work
When an employee is required or authorised by their employer
to travel for work(other than to and from regular place of work) or education
purposes, the employer will reimburse and, where practicable, pay in
advance, the employee for necessary
costs incurred for travel, accommodation, meals and incidentals. The rates
periodically established and published by the Australian Taxation Office will
be the minimum applied.
(b) Travel Time
The additional time required for employees to travel to
other sites or cities for work will be counted as extra time worked, separate
from overtime, and will be paid at the rate of time for time, - either as time
in lieu or as pay, by mutual agreement.
37. Superannuation
The Division will contribute towards employees’
superannuation at the rate and to a complying fund as prescribed by the
legislation of the day.
38. Disputes
Prevention & Settlement Procedure
(a) Preamble:
A prime concern of the parties is the avoidance and
resolution of workplace issues, grievances or disputes by means of the
provision of information and explanation, consultation, cooperation and
negotiation.
The parties agree that, as far as practicable, grievances
and/or matters in a potential dispute should be resolved locally.
It is the objective of these procedures to ensure that such
issues are resolved by negotiation and discussion between the parties.
An employee will have the right for a grievance to be heard
through all levels of line management.
(b) Procedure
This procedure will ensure that issues or grievances are
resolved quickly, fairly and without disruption to the Division’s operations:
Step
|
Action
|
1
|
The employee should first discuss the matter with their
immediate leader or manager who must make every effort to resolve the matter
|
|
|
2
|
If the matter is not resolved, or if it is not appropriate
to discuss the matter with the immediate
|
|
team leader or manager, the employee should discuss the
matter with their next level manager,
|
|
if there is one, who will attempt to resolve the matter.
|
|
|
|
Alternatively, an employee can contact directly an
appropriate other manager (preferably
|
|
responsible for Human Resources in the Division) who will
work with the employee and their
|
|
team leader and attempt to resolve the issue.
|
3
|
If the matter is not resolved at this point, the employee
will, if appropriate, notify their union
|
|
representative, who will discuss the matter further with
the relevant manager or Human
|
|
Resources person.
|
4
|
If the matter is not resolved, it will be discussed
between the appropriate Union Official or the
|
|
employee’s nominated agent and the designated manager or
their nominee.
|
5
|
If no resolution is achieved, the parties may individually
or jointly refer the matter to the New
|
|
South Wales Industrial Relations Commission, or to an
agreed third party, for resolution
|
(c) Union
Involvement
The union may provide guidance and assistance to a member at
any stage of this process.
PART B
SALARY RATES & RELATED MATTERS
39. Job
Classification System
(a) All positions
All jobs of employees of the Divisions will be classified by
the following skills-based classification system, as outlined in summary in
Clause 8 of Part A of this award.
(b) Classification
Levels
There are six (6) broad DGP classification levels into which
all positions in the Divisions will be classified.
The level into which a role or position is to be allocated
or classified is determined by the number of key skills sets, and the level of
those skills, required for the competent performance of that role.
Level I
Roles classified at Level I require at least 6 skills sets
to be at least at Skill Level 1
Level II
Roles classified at Level II require at least 6 skills sets
to be at least at Skill Level 2
Level III
Roles classified at Level III require at least 6 skills sets
to be at least at Skill Level 3
Level IV
Roles classified at Level IV require at least 6 skills sets
to be at least at Skill Level 4
Level V
Roles classified at Level V require at least 6 skills sets
to be at least at Skill Level 5
Level VI
Roles classified at Level VI require at least 6 skills sets
to be at least at Skill Level 6
(c) DGP Skills
There are eight (8) skills sets:
- Communication
and Interpersonal Skills;
- Teamwork;
- Planning and
Organising;
- Organisational
Awareness;
- Judgment
& Problem-solving;
- Client and
Stakeholder Service;
- Professional
and Technical Expertise;
- Flexibility
and Change Management
(i) Communication
and Interpersonal Skills
The ability to listen, interpret and convey information in a
clear and accurate manner, timely delivery of information and selecting the
most appropriate method of communication. Also includes the ability to deal effectively
with others on a personal level and to demonstrate fairness in interactions
with others.
Level Descriptions
1. (a) Understands and accurately
interprets given instructions and possesses the communication skills required
to complete job-related documentation. Also is cooperative in dealing with
others on a personal level.
(b) Accurately
shares work-related information with team members to contribute to achieving
work goals and seeks clarification where necessary. Develops effective
relations with others in the workplace.
2. Conveys
timely work-related instructions and guidance to team members. The position
holder reports on job progress and outcomes, collects and assesses information
to develop and communicate short-term changes in work direction or priorities.
Builds effective relations within the team and may participate in conflict
resolution.
Communicates within the work area to convey ideas, to
provide specialised advice to assist others in performing their work
activities. May also communicate with external stakeholders.
3. Interprets
Division plans, procedures and policies to operational requirements and gathers
information from other areas to provide feedback on the progress of plans and
employee reactions/responses. This may include internal and external
negotiations.
4. Develops,
maintains and manages the line of communication for a work unit or team,
including conveying information on Divisional and program direction and goals.
This requires making presentations and negotiating with internal and/or
external stakeholders to optimise outcomes.
5. Manages a
significant work unit or team to resolve operational or technical problems and
participates in the managerial team to contribute to the resolution of
Divisional and/or organisational problems; or discusses technical,
professional, commercial or administrative matters to resolve problems or
determine requirements through negotiation. Persuasive skills are required to
negotiate with clients, members or other parties. Offers advice and recommendations
which have an influence on the Board or Management Committee, the Division and
the Health community.
6. Directs a
major work unit, including managing a senior management team to achieve the
Division’s objectives. The position holder may negotiate significant agreements
or contracts with clients, client groups, suppliers, other Divisions, or
government bodies which are of key importance to the Division. Provide
specialist advice which is influential in the decision-making of the Division
and the, sometimes, other Divisions.
(ii) Teamwork
The ability to co-operate and work within a team
environment, to value the contribution of others, co-ordinate work with team
members and to focus on improving team productivity and achieving team work
outcomes.
Level Descriptions
1. Demonstrates
an understanding of the need for team work in the Division and how their work
impacts on that of others. Participates as a team member to combine their
efforts with other team members to attain expected work outcomes.
2. Works
co-operatively within a team where dissimilar activities need to be integrated
to achieve goals. Shows an understanding of the needs of other team members and
exchanges the required information to contribute to the co-ordination of work
between functions.
3. Contribute to
achieving work objectives by guiding and coaching team members and
communicating with other areas/teams to co-ordinate broader work outcomes.
Communicates work requirements, delegates responsibility, seeks ideas and
feedback to contribute to team goals. Assesses team work processes and team
development needs.
4. Monitors and
directs a team or teams and may perform different functions, co-ordinating the
work within or between these teams.
5. Manages or
influences a number of teams which perform a range of functions within the
Division; develops and implements strategies for the integration of the teams
and ensures effective interaction with other teams within the Division.
6. Leads or
influences a group of diversified teams/disciplines/work units and ensures
effective team or group co-ordination to achieve Divisional goals. Promotes
team work across the Division, integrates all functions and ensures the
attainment of Division goals. Develops and co-ordinates Division strategies for
the development of team work throughout the Division.
(iii) Planning and
Organising
The ability to look ahead, develop strategies, consult with
others, set priorities, schedule work, manage time, allocate and co-ordinate
the use of resources.
Level descriptions
1. Performs work
under established guidelines, plans the order of tasks for own job and
organises the resources required to undertake the work. Suggests changes to
schedules in response to other influences.
2. Organises
work activities, including planning own and others’ work / tasks to ensure
completion according to requirements. Seeks clarification of priorities as
required.
3. Plans and
organises the work for self and or team and provides the required resources
(internal / external) for performing tasks. Priorities are determined with
reference to relevant plans to achieve work objectives.
4. Determines
priorities and schedules for others to achieve work objectives, by considering
the impact on other areas. Plans the allocation of resources (including
financial and human) to contribute to the longer term planning process. Gathers
and assesses information as part of the long-term planning. Implements approved
plans, communicates objectives and monitors and reports on progress.
5. Coordinates
the development, and oversees the implementation, of plans within the Division
that contribute to achieving the Division’s goals.
6. Consults,
looks ahead, develops strategies, sets priorities, schedules work, manages
time, allocates and coordinates the use of resources across the Division.
(iv) Organisational
Awareness
The ability to demonstrate an understanding of corporate
goals, directions and activities; an understanding of own organisational role
and how the role interacts and influences the work of others and the Division.
Level Descriptions
1. Demonstrates
knowledge and understanding of own tasks and a general awareness of the
Division’s activities. Understands own role within the immediate team and the
effect that the work performed has on others within team. Has a general
understanding and acceptance of the Division’s policies and standards and
applies this knowledge.
2. Understands
the role of own team and how it relates to other teams in achieving outcomes.
Has an awareness of the direction and aims of the team(s). Has a broad
understanding of the Division’s role and directions and own team’s fit within
the Division. Demonstrates active support for, and promotes understanding of,
the team’s goals.
3. Demonstrates
a knowledge of the Division’s systems and processes and promotes an
understanding of the Division’s role in achieving regional goals. Inputs into
the development of Division goals. Promotes procedures and standards.
4. Manages and
promotes an understanding of the Division’s goals and strategies, and monitors
internal / external influences which affect the Division’s performance. Ensures
awareness of procedures, standards and policies.
5. Translates
corporate goals to business plans and directions and promotes/ensures an
understanding of the Division’s fit with its external environment. Demonstrates
an understanding of corporate goals, directions and activities; an
understanding of their organisational role and how the role interacts with, and
influences, the work of others and the Division.
6. Works with
the Board and/or Committee of Management to develop the Division’s vision and
mission. The mission is set and consistency of application is ensured.
Represents the Division at a high level, promoting its goals and interests.
(v) Judgement and
Problem-Solving
The ability to anticipate, identify and analyse problems,
consider options, develop solutions and decide on the most appropriate solution
to achieve the desired outcome. Implementing and monitoring the solution to
ensure its effectiveness.
Level Descriptions
1. Works with
clear guidance, schedules and procedures. Resolves problems where the solutions
are clear-cut and are selected from a defined set of clear options. Seeks
guidance if a solution is not found.
2. Identifies
work problems, uses problem solving techniques to resolve problems, seeks
guidance, advice and further information as required. Refers problems that
remain unresolved and makes recommendations.
3. Monitors
programs, procedures and outcomes; identifies, analyses and resolves problems
by considering a range of options within the person’s area of
technical/professional/specialist expertise. May instruct and guide others in
the process of resolving problems or, after considering a broader range of
options, delegate responsibilities.
4. Monitors
programs, identifies potential problems at a Division level and collates
information to develop appropriate response(s). Implements solutions through
delegation.
5. Review,
identifies and resolves problems which have a Division - wide impact, develops
policies, plans and strategies, implements these through the organisational
structure, and makes recommendations to the CEO and Board.
6. Anticipates,
identifies and analyses major problems, considers options, develops solutions
and decides on the most appropriate solution to achieve the desired outcome.
Implements and monitors the solution to ensure its effectiveness.
(vi) Client &
Stakeholder Service (Internal and External)
The ability to demonstrate a knowledge of internal and
external client needs and expectations; and an ability and commitment to
satisfy those needs.
Level Descriptions
1. Awareness
of who their clients are, both internal and external, and of the type and level
of service required in their area of work. Follows established procedures and
guidelines in providing quality client service in their area of work.
2. Interprets
client needs in providing quality client service and ensures quality procedures
are followed. Recommends type and level of service and/or guides others in the
provision of quality client service and interprets the implications of changing
internal and external client requirements.
3. Researches
and assesses client needs to anticipate their requirements within their work
area. Monitors and documents service quality and recommends ways of satisfying
client/member expectations.
4. Monitors the
delivery of client service within the Division/ work unit, evaluates the
effectiveness of service and product delivery and develops procedures and
guidelines and makes recommendations as input into the development of client
service policy and strategies. Ensures quality client focus throughout the work
unit/Division.
5. Identifies
short and long term client needs, and researches, assesses and develops
strategic options in anticipating future client requirements. Monitors quality
standards across a number of teams and recommends and/or implements ways of
meeting client requirements in a highly demanding environment.
6. Directs and
influences the allocation of resources across the Division. Ensures the
development, attainment and maintenance of client service strategies, client
focus and service standards throughout the Division.
(vii) Professional
/Technical Expertise
The ability to apply appropriate experience, skills and
knowledge to achieve requires work outcomes and to further own professional /
technical development.
Level Descriptions
1. Gathers
information and receives instructions to learn, gain experience and achieve
work outcomes within a specific area of work / expertise. Acquires knowledge of
operating procedures and practices which are applied under supervision.
Undertakes work through the application of acquired skills, knowledge and
experience.
2. Applies
skills, knowledge and experience under limited supervision to pre-determined
standards and organises the resources required to complete the task(s) in the
typical work environment/conditions. Demonstrates an awareness of professional
standards relevant to the work.
3. Applies the
skills, knowledge and expertise relevant to a professional / technical work
area and adapts behaviours and outcomes to a range of different situations in
accordance with professional / technical standards.
4. Demonstrates
expertise in the practical application of experience, skills and knowledge to
achieve complex outcomes often on an independent basis. May effect a transfer
of professional / technical skills and knowledge to others as required.
5. Possesses
significant knowledge, skills and experience to be a key specialist / team
leader in one or more areas / functions within the Division and makes a
significant contribution to the area of expertise in the Division. Demonstrates
professional / technical expertise through developing standards and the
provision of authoritative advice / services. Is acknowledged as a professional
/ technical expert on major issues / functions within the Division either as a
specialist or team leader
6. Demonstrates
extensive professional / technical expertise in the direction and control of
critical functions and/ or in managing a diverse range of complex situations
which significantly impact on the Division as a whole.
(viii) Flexibility
& Change Management
The ability to take advantage of, and instigate,
opportunities to change in search of improvement. Includes the ability to
communicate the need for change, to gain commitment to change and to consider
both the physical and personal impacts of change.
Level Descriptions
1. Responds to
changes in work practices/methods, adapts skills and knowledge to new
situations, actively seeks to broaden skills, recognises opportunities for
improvement and suggests ideas for improvement.
2. Actively
seeks to understand the need for change, explains this to others, engenders
their support and motivates others to consider and suggest new ideas. Provides
the opportunity for others to learn and broaden their skills and knowledge.
3. Analyses
systems and procedures to identify opportunities for improvement, maintains an
awareness of external trends and possesses a detailed knowledge of current
organisational change. Recommends and implements change and develops strategies
to overcome resistance to change.
4. Reviews major
processes and develops recommendations for change. Assesses the impact of
change and promotes strategies for long term change.
5. Considers the
long term perspective for change, evaluating the internal and external
environment, seeking to anticipate the need for organisational change.
Develops, initiates, approves, and implements change strategies to accommodate
internal and external pressures, considers a range of options and consults with
others to develop change strategies.
6. Promotes the
development of a proactive and adaptive work culture across the Division.
Develops strategies for change directly from the Division’s mission and values.
Instrumental in developing change initiatives from the mission and gaining
employees’ acceptance, support and ownership of these initiatives.
40. Salary Rates
(a) Minimum rates
The minimum salaries to be paid to employees according to
the classification level into which their job fits are set out in subclause (b)
below.
(b) Entry Level
Rates
The minimum entry level rates for the six classification
levels in the skills - based classification system are
Classification
Level
|
Entry Level Annual
Salary Rates
|
|
[F/T equivalent]
|
1
|
$
|
16 years of age
|
16,754
|
17 years of age
|
21,909
|
18 years +
|
25,775
|
2
|
30, 930
|
3
|
36, 085
|
4
|
41,240
|
5
|
51,550
|
6
|
61,860
|
(c) Salary rates -
employees under 18 years
The Level 1 salary rates prescribed for employees at ages
under 18 years of age are fixed as percentages of the 18 year old rate
prescribed for level 1. The percentages are: 16 years 65 per cent, 17 years 85
percent.
(d) Packaging
Part of the salary rates prescribed in sub clause 40(b) may
be taken in the form of non cash benefits by agreement between an individual
employee and the employer. The terms of any agreement must be committed to
writing and signed by the employee and the employer.
The employer will ensure that the total value of the cash
and non-cash benefits does not fall below the minimum prescribed salary for the
job.
(e) State Wage
Case Adjustments
The Rates of pay in this award include the adjustments
payable under the State Wage Case Decision 2000. These adjustments may be off-set 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.
41. Salary System
(a) Each Division
will develop an agreed salary system within the term of this award.
(b) Any salary
system developed will complement entry level rates of pay by enabling employees
to progress within a particular level on the basis of further skills acquired
and applied.
(c) Differing
rates of pay within a classification level may be based on such factors as
performance of either the individual or the team, relevant skills acquisition
and use, and market demand for particular skills sets.
(d) A salary
system should provide for internal equity, external competitiveness, individual
motivation and ease of administration.
(e) The objectives
of a salary system are to
(i) enhance the
performance of the Division;
(ii) ensure
employees understand their role, accountabilities and the performance standards
expected of them;
(iii) provide a
means of recognising and rewarding acquisition and application of skills and to
provide on early assessment a response to substandard performance;
(iv) provide a basis
for identifying and meeting development needs of employees;
(v) provide
ongoing feedback for employees about their performance; and
(vi) enable and
encourage progress of employees.
42. Area,
Incidence And Duration
(a) This award was
varied following a review under s.19 of the Industrial
Relations Act 1996 and replaces the Divisions of General Practice (State)
Award - 1999 published 18 August 2000 (317 I.G. 1206) as varied. The variation
takes effect from 18 May 2001.
(b) This award
shall apply to persons employed by the Division/s, with the exception of
employees required to be registered nurses and of General Practitioners who
work four hours or less per week.
(c) The terms of
the Clerical and Administrative Employees (State) Award shall not apply to
those employees covered by this award.
(d) This award
shall be deemed to take effect from the first full pay period to commence on or
after 3 December 1999 and remain in force for a period of twenty-four months
from 18 May 2001, the date of the variation identified in subclause (a) of this
clause.
(e) The Variation
reflected in Clause 39 and the addition of a further respondent employer shall
take effect from 20 April 2000.
(f) The
variations reflected in Clause 2 and subclauses (a) and (e) of Clause 40,
Salary Rates, shall take effect from the first full pay period to commence on
or after 14 December 2000.
J. P. GRAYSON, D.P.
____________________
Printed by the authority of the Industrial Registrar.