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SERIAL C7714

Charitable Institutions (Professional Paramedical Staff) (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

Clause	Award/	Date of	Date of Taking Effect	Industrial
	Variation	Publication		Gazette
	Serial No.
				Vol.	Page
Award	C0444	31/8/2001	First pay period on or after 13/06/2001	327	399
3(3.10); Part B	C0924	08/02/2002	First pay period on or after 13/09/2001	331	211
3(3.10) & Part B	C1649	20/12/2002	First pay period on or after 19/09/2002	337	522
3(3.10) Part B	C2313	27/02/2004	First pay period on or after 01/10/2003	343	486
1, 32 and 33	C2627	28/05/2004	First pay period on or after 06/11/2003	344	715
1, 2, 3, 8, 33, 34	C2822	01/10/2004	On 08/06/2004	346	705
3 & Part B	C3164	04/03/2005	First pay period on or after 01/10/2004	348	1100
3, Part B	C4246	17/02/2006	First pay period on or after 01/10/2005	357	254
1, 34, 35	C4488	05/05/2006	From 10/03/2006	359	94
Title, 3, Part B	C5047	03/11/2006	First pay period on or after 01/10/2006	361	719
19, 20, 31	C5502	06/07/2007	On and from 19/12/2005	362	1141
35	C6310	08/02/2008	On and from 23/07/2007	364	839
3, Part B	C6230	08/02/2008	First pay period on or after 08/10/2007	364	840
3, Part B	C6801	26/12/2008	First pay period on or after 08/10/2008	366	1478
3, Part B	C7247	30/10/2009	First pay period on or after 08/10/2009	369	424
3, Part B	C7573	02/09/2011	First pay period on or after 16/12/2010	371	592

PART A

1. Arrangement

PART A

Clause No. Subject Matter

1. Arrangement

2. Definitions

3. Salaries

4. Payment of Wages and Conditions of Employment

5. Hours of Work

6. Roster of Hours

7. On Call and Call Back

8. Shift Work

9. Weekend Work

10. Meals

11. Part-time Employees

12. Casual Employees

13. Overtime

14. Annual Leave

15. Annual Leave Loading

16. Public Holidays

17. Sick Leave

18. Long Service Leave

19. Personal/Carer's Leave

20. Bereavement Leave

21. Travelling Allowance

22. Uniforms and Laundry Allowances

23. Telephone Allowance

24. Amenities

25. Labour Flexibility

26. Grievance and Dispute Resolution Procedures

27. Anti-Discrimination

28. Right of Entry

29. Termination of Employment

30. Redundancy

31. Parental Leave

32. Remuneration Packaging

33. Reasonable Hours

34. Secure Employment

35. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Salaries

Table 2 - Other Rates and Allowances

2. Definitions

"Union" means the Health Services Union

"Service", for the purpose of this award, means service before and/or after the commencement of this award in one or more hospitals or agencies or in other institutions approved from time to time by agreement between the parties to this award. It shall include service in the same discipline in the Australian Armed Forces and service within the public health system as defined in the Health Services Act 1997, or in any other hospital or agency in the Commonwealth of Australia.

"Agency" means a body or organisation registered or granted exemption from registration under the Charitable Fundraising Act 1991 (see Division 4, clause 25, of the said Act) and shall exclude any agency to which any of the provisions of the Private Hospital and Day Procedure Centres Act 1988 have been applied.

"Officer" shall mean an employee appointed to a position within the ambit of this award, provided that such employee holds a degree or certificate requiring at least two years' full-time or three years' part-time post-Higher School Certificate level study at an institution reasonably and properly deemed as such by an employer, and provided further that the employee is reasonably and properly deemed to be an officer within this definition.

2.1 Scientific Officers -

(a) "Trainee Scientific Officer" means an officer appointed as such who is undertaking a part-time degree course in science and who is engaged on work related to the profession for which he/she is qualifying.

(b) "Scientific Officer" means an officer appointed as such who has obtained a degree in science from an approved university requiring a minimum of three years' full-time study or such other qualifications deemed by the Department of Health, NSW, to be the equivalent thereof.

(c) "Senior Scientific Officer" means an officer appointed as such who is engaged in scientific work who holds a post-graduate degree in science at a university or such other qualifications deemed by the Department of Health, NSW, to be appropriate.

(d) "Principal Scientific Officer" means an officer appointed as such who is engaged in scientific work and holds a post-graduate degree in science at least equivalent to the degree of Master of Science of an approved university or such other qualifications deemed by the Department of Health, NSW, to be appropriate and who has had not less than ten years' post-graduate experience in an appropriate scientific field.

2.2 "Medical Record Administrator" means a person employed in the industry record librarianship in agencies who has qualifications acceptable to the Health Information Management Association of Australia or such other qualifications deemed to be equivalent.

2.3 "Nurse Counsellor" means an officer appointed as such who possesses an appropriate degree of a recognised university or other qualifications deemed equivalent by the employer.

2.4 "Dentist" means an officer who has obtained a degree in dental surgery at a recognised university or such other qualification as may be agreed upon by the parties to this award.

2.5 "Dental Chairside Assistant" shall mean and shall include all persons employed to assist Dental Officers and Senior Dentists at the chairside.

2.6 "Dietitian" means a person employed in the industry of dietetics in hospitals or agencies who has qualifications acceptable to the Dietitians Association of Australia and who is eligible for full membership of the said Association.

"Industry of Dietetics" means the industry of persons engaged in New South Wales in the profession of dietetics in an agency.

"Institute" means the Dietitians Association of Australia.

2.7 Therapists, Physiotherapists, Occupational Therapists, Speech Therapists, Music Therapists -

(a) "Therapist" shall mean and shall include:

(1) Physiotherapist" means an officer registered or conditionally registered under the Physiotherapists' Registration Act 2001.

(2) "Occupational Therapist" means an officer employed in the industry of occupational therapy who has qualifications acceptable to the NSW Association of Occupational Therapists.

(3) "Speech Therapist" means an officer employed in the industry of speech therapy who has qualifications acceptable to the NSW Branch of Speech Pathology Australia.

(4) "Music Therapist" means an officer employed in the industry of music therapy.

(5) An officer performing such other activities as may be conveniently related to the use of therapeutic method for the purpose of curing or alleviating any abnormal condition of the human mind or body and that may emerge as a professional discipline in the future.

(b) "Senior Assistant" means a speech therapist with not less than three years' experience who is appointed as such in an agency where five or more speech therapists are employed. There shall be only one senior assistant employed at any one location.

(c) "Day Worker" means an officer who works his/her ordinary hours from Monday to Friday, inclusive, and who commences work on such days at or after 6.00 a.m. and before 10.00 a.m. otherwise than as part of a shift system.

(d) "Shift Worker" means an officer who is not a day worker as defined.

2.8 "Audiologist" means a person appointed as such who possesses an appropriate degree of a recognised university or college of advanced education with appropriate training in audiology.

2.9 "Degree with Honours" means a degree with honours awarded by a recognised university where the subject in respect of which the honours is awarded is appropriate to the classification and duties undertaken by the officer concerned.

2.10 "Psychologist" means a person appointed as such who possesses an appropriate degree of a recognised university or college of advanced education and is registered with the Psychologists Registration Board of New South Wales.

2.11 "Clinical Psychologist" means a person appointed as such who possesses an appropriate masters degree of a recognised university, recognised by the Australian Psychological Society and is registered with the Psychologists Registration Board of New South Wales.

3. Salaries

3.1 Scientific Officers shall be paid at the rates set out in Table 1 - Salaries, of Part B, Monetary Rates.

(a) Scientific Officers - as set out in Table 1 of Part B.

(b) Senior Scientific Officers - as set out in the said Table 1. Provided that a Senior Scientific Officer shall not progress beyond the salary prescribed for the third year of the scale unless such officer holds a post-graduate degree in science at least equivalent to the degree of Master of Science of an approved university or has been admitted as a Member of the Australasian Association of Clinical Bio-chemists, or such other qualifications as are deemed equivalent.

(d) Principal Scientific Officer - as set out in the said Table 1. Provided that a Principal Scientific Officer shall not progress beyond the salary prescribed for the fourth year of the scale unless such officer holds a post-graduate degree in science at least equivalent to the degree of Doctor of Philosophy of an approved university or has been admitted as a Fellow of the Australasian Association of Clinical Bio-chemists, or such other qualifications as are deemed equivalent.

Provided further that any Senior Scientific Officer in receipt of the fourth year of service rate and above or Principal Scientific Officer who holds the degree of Master of Science or appropriate equivalent qualifications shall be paid an additional amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(e) Trainee Scientific Officer - as set out in the said Table 1.

(f) Grading Officers -

(1) Grades - Every officer, other than trainee scientific officers, shall be classified in one of the grades of scientific officer, senior scientific officer, or principal scientific officer, as provided for hereunder.

(2) Years of Scale -

(i) Within each grade officers employed by any hospital shall, at all times, be classified not lower than the year of scale corresponding to the minimum prescribed hereunder for their respective qualifications and/or duties advanced by -

(A) at least one year of scale for each completed year of service in grade and hospital; and

(B) at least one further year of scale for each completed year of service in the same branch of science in that grade in any other hospital or hospitals.

(ii) In determining an officer's classification, due allowance also shall be made for any other post-graduate experience.

(iii) For the purpose of this subclause, service at any time prior to the commencement of this award shall be deemed to be service in the grade in which the qualifications and/or duties of an officer would have required him/her to be classified had the award been in force at that time.

(3) .Scientific Officer - Officers who hold or are qualified to hold a degree, diploma or other qualification, as shown hereunder, shall not be classified below the respective year of scale in this grade, as follows, with advancement as provided for in subparagraph (2) of this paragraph:

Bachelor's degree (three-year course), diploma with no experience, junior of the Royal Australian Chemical Institute or graduate of the Australian Institute of Physics - 1st year;

Bachelor's degree with honours (four-year course) - 2nd year;

Bachelor's degree with honours (four-year course), diploma or Bachelor's degree with at least two years' experience concurrent with or after last two years of course provided that at least one year has been after 21st birthday), associate of the Royal Australian Chemical Institute, or associate of the Royal Institute of Chemistry (UK) - 3rd year;

Master's degree - 4th year;

Associate of the Institute of Physics - 6th year;

Associate of the Australian Institute of Physics (UK) - 6th year;

Degree of Doctor of Philosophy - 6th year;

provided that such degree with honours or such Master's degree has been obtained in subjects relevant to the branch of science in which the officer is engaged.

(4) Credentials Committee - A committee, as set up by the Hospital Scientist (State) Award published 18 January 2002 (330 I.G. 837), consisting of two representatives of the Department of Health, N.S.W., and two representatives of the Union, shall be constituted to consider and recommend to the employer, upon application by the Union or the employing hospital:

(i) the appointment of a new employee as senior scientific officer or principal scientific officer;

(ii) the promotion of an employee from scientific officer to senior scientific officer;

(iii) the promotion of an employee from senior scientific officer to principal scientific officer.

3.2 Medical Record Administrators - as set out in the said Table 1.

3.3 Nurse Counsellor - as set out in the said Table 1.

3.4 Dental Officers - as set out in the said Table 1. Promotion to Senior Dentist shall be subject to an officer having completed ten years' satisfactory service, or having completed three years' satisfactory service on the maximum salary prescribed for Dental Officers set out in Table 1 of Part B.

3.5 Dental Chairside Assistants-as set out in the said Table 1.

3.6 Dietitians -

(a) As set out in the said Table 1. Promotion from the General Scale to Grade 1 shall be subject to completion of 12 months' service on the maximum rate of the general scale and agreement from the agency that the quality of the officer concerned and the skills and responsibilities exercised by the officer in the performance of his or her duties are such as to warrant promotion.

(b) Grading Officers - A committee consisting of two representatives of the Department of Health, NSW, and two representatives of the Union shall be constituted to consider and recommend to the employer, upon application by the Union or agency:

(1) the grading of any new position or any variation of grading of a position as a result of any substantial change in duties and/or responsibilities; and

(2) the date of the effect of the grading recommended. Provided that -

(i) an employee shall, whilst the grading of the position is under consideration, be ineligible to be a member of the committee;

(ii) the committee shall not, without sufficient reason, recommend the retrospective operation of any grading or remuneration; and

(iii) where a retrospective date of effect is recommended, such date shall not be earlier than a date six months prior to the date on which the matter was referred to the committee.

3.7

(a) Therapists (Other than Speech Pathologists)-as set out in the said Table 1.

(b) Speech Pathologists Salaries - as set out in the said Table 1.

(c) In-charge Allowances - Locational Responsibility Allowances - Officers-in-Charge shall be paid, in addition to the salary prescribed in paragraph (b) of this subclause, an allowance per week in accordance with the scale set out in Item 3 of Table 2.

Senior Assistants shall be paid, in addition to the salary prescribed, an allowance per week as set out in Item 4 of Table 2.

Therapists accepting locational responsibility for the work of other therapists shall be paid an allowance per week as set out in Item 5 of Table 2.

Sole Therapist - Provided that where only one therapist is employed in a hospital, such therapist shall be paid, in addition to the salary prescribed by this clause, an allowance set out in Item 6 of Table 2.

3.8 Audiologists - as set out in the said Table 1, provided that -

(a) The commencing rate of salary for an officer who has obtained a degree of a recognised university requiring a minimum of three years' full-time study or other qualifications deemed by the employer to be equivalent thereof shall be the rate prescribed for the first year of service.

(b) The commencing rate of salary for an officer who has also completed an additional course of study and qualified for a degree with honours or the Diploma of Education or other qualifications deemed by the employer to be the equivalent thereof shall be the rate prescribed for the second year of service.

(c) The commencing rate of salary for an officer who has obtained a degree of a recognised university which requires a minimum of four years' full-time study and has, in addition, completed at least one year of training at an approved teachers' college or other qualifications deemed by the employer to be the equivalent thereof shall be the rate prescribed for the third year of service.

Provided that Audiologists who -

(1) have completed 12 months' service at the salary prescribed on the maximum of the scale; and

(2) have demonstrated to the satisfaction of the endorser by the work performed and the results achieved, the aptitude, abilities and qualities of mind warranting such payment, shall be paid an allowance set in Item 2 of Table 2 and, after 12 months' service in receipt of such allowance, shall be paid a further allowance at the rate set out in the said Item 2.

3.9 Psychologists and Clinical Psychologists - as set out in the said Table 1.

3.10 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 adjustment.

4. Payment of Wages and Conditions of Employment

4.1 All employees shall be paid weekly or fortnightly into one account with a bank or other financial institution of their choice; provided that, for the purpose of adjustments of wages relating to alterations in the basic wage, from time to time effective, the pay period shall be deemed to be weekly.

4.2 It is agreed that there should be full flexibility in relation to the payment of wages on the basis that such statement relates to the payment of shift and weekend penalties owing for the second week of a roster period being made in the succeeding pay period.

5. Hours of Work

5.1 The ordinary hours of work, exclusive of meal breaks, shall be 152 hours per 28 calendar days.

5.2 The hours of work prescribed in subclause 5.1 shall be worked in one of the following ways:

(a) 38 hours per week, to be arranged so that an employee shall not be required to work their ordinary hours on more than five days in one week; or

(b) 76 hours per fortnight, to be arranged so that an employee shall not be required to work their ordinary hours on more than ten days in the fortnight; or

(c) 152 hours per 28 calendar days, to be arranged so that an employee shall not be required to work their ordinary hours on more than 19 days in the roster cycle; or

(d) 190 hours per 35 calendar days, to be arranged so that an employee shall not be required to work their ordinary hours on more than 19 days in the 35 calendar days cycle.

5.3 Each employee shall be entitled to not less than four full days free from duty in each fortnight or two full days free from duty in each week (rostered days off), and such rostered days off shall, where practicable, be consecutive

6. Roster of Hours

6.1 The ordinary hours of work for each shift worker shall be displayed on a roster in a place conveniently accessible to officers. Where reasonably practicable, such roster shall be displayed at least 2 weeks but, in any case, at least one week prior to the commencing date of the first working period in the roster; provided that a roster may be altered at any time to enable the services of the agency to be carried on where another officer is absent from duty on account of illness or in emergency but where any such alteration involves the officer working on a day which would have been such officer's day off, the day off shall be mutually arranged.

7. On Call and Call Back

7.1 An "on-call period" is a period during which an officer is required by the agency where he or she is employed to be on call.

7.2 Scientific Officers - An officer required by his or her agency to be on call in any one 24-hour period shall be paid an allowance as set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for that period or any part thereof, provided that only one allowance shall be payable in any period of 24 hours. For the purpose of calculation of payment of on-call allowances and for call-back duty, an on-call period shall not exceed 24 hours.

7.3 Therapists - An officer shall be paid for each on-call period an allowance which shall be, at the option of the employer, either the allowance per on-call period as set out in Item 8 of Table 2 or the allowance per week as set in the said Item 8. For the purpose of calculation of payment of on-call allowances and for call-back duty, an on-call period shall not exceed 24 hours.

7.4 Medical Record Administrators - An officer shall be paid for each on-call period an allowance which shall, at the option of the employer, be either the allowance per on-call period as set out in Item 9 of Table 2 or the allowance per week as set out in the said Item 9. For the purpose of calculation of payment of on-call allowances and for call-back duty, an on-call period shall not exceed 24 hours.

8. Shift Work

8.1 Employees may be employed on shift work.

8.2 Shift workers working afternoon or night shift shall be paid the following percentages in addition to the ordinary rate for such shift; provided that part-time officers shall only be entitled to the additional rates where their shifts commence prior to 6.00 a.m. or finish subsequent to 6.00 p.m.:

(a) Afternoon shift commencing at 10.00 a.m. and before 1.00 p.m. - 10 per cent.

(b) Afternoon shift commencing at 1.00 p.m. and before 4.00 p.m. - 12.5 per cent.

(d) Night shift commencing at 4.00 a.m. and before 6.00 a.m. - 10 per cent.

8.3 For the purposes of this subclause, day, afternoon and night shifts shall be defined as follows:

(a) "Day shift" means a shift which commences at or after 6.00 a.m. and before 10.00 a.m.

(b) "Afternoon shift" means a shift which commences at or after 10.00 a.m. and before 4.00 p.m.

8.4 Notwithstanding subclause 8.2, Scientific Officers shall be paid as follows:

(a) On Mondays to Fridays between 8.30 a.m. and 9.00 p.m. - at ordinary rate of pay;

(b) On Mondays to Fridays before 8.30 a.m. and after 9.00 p.m. - at the rate of time and one-half.

8.5 Notwithstanding subclause 8.1, an employer shall only engage Nurse Counsellors, Dentists, Dental Chairside Assistants, Dietitians, Audiologists and Psychologists as shift workers where the employees consent in writing.

8.6 Notwithstanding subclause 8.1, an employer shall only engage Scientific Officers as shift workers where the employees consent in writing. In relation to Scientific Officers, the Union shall be informed of any proposal to introduce a shift arrangement, and the Union given the opportunity to discuss any such proposals with employer representatives.

9. Weekend Work

9.1 Provided that work has been authorised:

(a) All work performed as ordinary time on Saturday shall be paid for at the rate of time and one-half.

(b) All work performed as ordinary time on Sunday shall be paid for at the rate of time and three-quarters.

9.2 These rates shall be in substitution for, and not cumulative upon, the shift premiums prescribed in clause 8, Shift Work.

10. Meals

10.1 Where practicable, employees shall not be required to work more than six hours without a meal break. Such meal break shall be between 30 and 60 minutes duration and shall not count as time worked.

10.2 An employee who is required to work overtime for more than two hours shall be paid, in addition to payment for such overtime:

(a) the amount as set out in Item 10 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for breakfast when commencing such overtime work at or before 6.00 a.m.;

(b) the amount set out in Item 11 of the said Table 2 for an evening meal when such overtime is worked for at least one hour immediately following his/her normal ceasing time, exclusive of any meal break, and extends beyond or is worked wholly after 7.00 p.m.;

(c) the amount set out in Item 12 of Table 2 for luncheon when such overtime extends beyond 2.00 p.m. on Saturdays, Sundays or holidays;

or shall be provided with adequate meals in lieu of such payment.

10.3 The meal allowances specified in subclause 10.2 shall be varied according to adjustments in the Consumer Price Index, subject to the principles set down in State Wage Cases.

11. Part-Time Employees

11.1 A part-time employee shall mean an employee who works a specified number or ordinary hours which are less ran those prescribed for a full-time employee, with a minimum of two hours per start.

11.2 Part-time employees shall be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate weekly rate prescribed by clause 3, Salaries.

11.3 The provisions of this award shall apply to part-time employees on a pro-rata basis unless otherwise specified in the award.

11.4 Notwithstanding the provisions of subclauses 11.1 to 11.3 of this clause, the union and an employer may agree in writing to observe other conditions in order to meet special cases.

12. Casual Employees

12.1 A casual employee is one engaged on an hourly basis or otherwise than as a full-time employee or part-time employee. Casual employees may only be engaged in the following circumstances: for short-term periods where there is a need to supplement the workforce arising from fluctuation in the needs of the facility; or in the place of another employee who is absent; or in an emergency.

12.2 Casual employees shall be paid a minimum of two hours.

12.3 The appropriate hourly rate shall be the hourly rate prescribed in clause 3, Salaries, plus the percentage thereof set out hereunder:

Percentage
(a)	Monday to Friday	15
(b)	Saturday	50
(c)	Sunday	75
(d)	Public Holidays	150

12.4 Casual employees shall not be entitled to the provisions of clauses 13-Overtime; 15-Annual Leave Loading; 16-Public Holidays; 17-Sick Leave; 22-Uniforms & Laundry Allowances; 29-Termination of Employment, and 30-Redundancy.

13. Overtime

13.1 Where an employee is requested to perform duty in excess of their ordinary hours of work, he/she shall be paid for such time at the rate of time and one-half, up to two hours in each day, and thereafter at double time.

13.2 By agreement between the employee and employer an employee may be compensated by way of time off in lieu of payment of overtime on the following bases:

(a) time off in lieu of overtime must be taken at ordinary rates within one month of its being accrued;

(b) where it is not possible for an employee to take time off in lieu of overtime within the one-month period, it is to be paid out at the appropriate overtime rate contained in subclause 13.1 of this clause based on the rates of pay applying at the time payment is made;

(d) time off in lieu of overtime should only be considered as an option in those circumstances where the employer is able to provide adequate replacement staff to ensure that the level of the quality of service that would otherwise have been provided, had the overtime been paid, is in fact provided; and

(e) records of all time off in lieu of overtime owing to employees and taken by employees must be maintained by the employer.

13.3 Provided that all work performed as overtime on a Sunday shall be paid at the rate of double time.

14. Annual Leave

14.1 Annual leave shall be granted to employees in accordance with the Annual Holidays Act 1944.

15. Annual Leave Loading

15.1 In this clause the Annual Holidays Act 1944 is referred to as "the Act".

15.2 Before an employee is given and takes his/her annual holiday or where, by agreement between the employer and employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause 15.6).

15.3 The loading is payable in addition to the pay for the period of annual holiday given and taken and due to the employee under the Act.

15.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act (but excluding days added to compensate for holidays prescribed by clause 16, Public Holidays) or where such annual holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause 15.6 as to annual holidays taken wholly or partly in advance.)

15.5 The loading is the amount payable for the period, or the separate period, as the case may be, stated in subclause 15.4 at the rate per week of 17.5 per cent of the appropriate ordinary weekly rate calculated in accordance with the provisions of clause 3, Salaries, applicable immediately before commencing her/his annual holiday but shall not include any allowances, penalty or disability rates, overtime or other payments prescribed by this award.

15.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such annual holiday, and is to be calculated in accordance with subclause 15 5 of this clause applying the award rates of wages payable on that day.

15.7 Where, in accordance with the Act, the employer's establishment, or part of it, is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

(a) an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause 15.5 of this clause;

(b) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable to him/her under this subclause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

15.8

(a) When the employment of an employee is terminated by his/her employer for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, he/she shall be paid a loading calculated in accordance with subclause 15.5 for the period not taken.

(b) Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

16. Public Holidays

16.1 Public holidays shall be allowed to employees on full pay.

16.2 Where an employee is required to, and does, work on a public holiday, whether for a full day or not, the employee shall, for each such public holiday:

(a) be paid one and one-half day's salary in addition to the weekly rate; or

(b) if the employer and the employee so agree, be paid ordinary pay plus 50 per cent and have one day's leave added to his/her period of annual leave or take one day at a mutually suitable time.

16.3 For the purpose of this clause, the following shall be public holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, August Bank Holiday or any holiday proclaimed in lieu thereof, together with any other day observed as a public holiday within the area in which the agency is situated. Provided that, by agreement between an employer and employee, the August Bank Holiday may be taken on another day.

17. Sick Leave

17.1 Employees shall be entitled to sick leave on full pay, calculated by allowing 76 ordinary working hours for each year of continuous service, less any sick leave on full pay already taken, subject to the following conditions:

(a) An employee in the first year of employment shall accumulate 7.6 hours for each month of employment for the first ten months.

(b) The agency may require the sickness to be certified by a legally qualified medical practitioner approved by the agency, provided that such approval shall not be unreasonably withheld, or may require other satisfactory evidence thereof.

(d) Continuous service, for the purpose of this clause, shall be calculated in the same manner as provided for in the Long Service Leave Act 1955.

(e) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation; provided, however, that an agency shall pay to an employee who has sick leave entitlements under this clause the difference between the amount received as workers' compensation and full pay. When an agency pays such difference, the employee's sick leave entitlements under this clause shall, for each week during which such difference is paid, be reduced by that proportion of one week which the difference paid bears to full pay.

17.2 A part-time employee shall be entitled to sick leave in the same proportion of 76 hours as the ordinary weekly hours worked bear to 38 ordinary hours. Such entitlement shall be subject to all of the above provisions applying to full-time employees.

18. Long Service Leave

18.1 Employees shall be entitled to long service leave in accordance with the Long Service Leave Act 1955.

19. Personal/Carer's Leave

19.1 Use of Sick Leave -

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 19.1(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 17, 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.

(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 paragraph:

(A) "relative" means a person related by blood, marriage or affinity;

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

(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 their 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 26, Grievance and Dispute Resolution Procedures, should be followed.

19.2 Unpaid Leave for Family Purpose -

(a) 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 19.1(c)(2) above who is ill or who requires care due to an unexpected emergency.

19.3 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.

19.4 Time Off in Lieu of Payment for Overtime -

(a) For the purpose of providing care and support for a person in accordance with subclause 19.1, by mutual agreement between an employee and employer, the employee may take time off in lieu of payment for overtime, subject to the provisions contained in clause 13, Overtime.

19.5 Make-up Time -

(a) An employee may elect, with the consent of their 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.

19.6 Allocated Days Off -

(a) An employee may elect, with the consent of the employer, to take an allocated day off at any time.

(b) An employee may elect, with the consent of the employer, to take allocated days off in part-day amounts.

(c) An employee may elect, with the consent of the employer, to accrue some or all allocated 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 allocated day off flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

19.7 The Catholic Commission for Employment Relations, representing Catholic employers, being Catholic Dioceses, Catholic Parishes or Religious Orders who operate a service, are exempted from the provisions of this clause. The Charitable Institutions Catholic Personal/Carer’s Leave (State) Award made 10 December 1998 shall apply.

19.8 Personal Carers Entitlement for casual employees -

(1) Subject to the evidentiary and notice requirements in 19.1(b) and 19.1(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 19.1(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.

20. Bereavement Leave

20.1 An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion on the death of a person prescribed in subclause 20.3 of this clause.

20.2 The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

20.3 Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s leave as set out in subparagraph (2) of paragraph (c) of subclause 19.1 of clause 19, Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

20.4 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.

20.5 Bereavement leave may be taken in conjunction with other leave available under subclauses 19.2, 19.3. 19.4, 19.5 and 19.6 of said clause 19. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

20.6 The Catholic Commission for Employment Relations, representing Catholic employers, being Catholic Dioceses, Catholic Parishes or Religious Orders who operate a service, are exempted from the provisions of this clause. The Charitable Institutions Catholic Personal/Carer’s Leave (State) Award made 10 December 1998 shall apply.

20.7 Bereavement entitlements for casual employees

20.7.1 Subject to the evidentiary and notice requirements in 20.2 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 19.1(c)(2) of clause 19, Personal/Carer's Leave.

20.7.2 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.

20.7.3 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 engage a casual employee are otherwise not affected.

21. Travelling Allowance

21.1 An employee sent for duty to a place other than their regular place of duty shall be paid for all excess travelling time at the appropriate rate of pay and be reimbursed reasonable expenses.

21.2 Where an employee is required by the employer to use their own vehicle in the performance of their duties he/she shall be paid the mileage allowance per kilometre as set out in Item 13 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

22. Uniforms and Laundry Allowances

22.1 Where an employer requires a uniform to be worn by an employee the employer shall provide sufficient suitable and serviceable uniforms free of cost to the employee; provided that an employee, to whom a new uniform or part of a uniform has been supplied by the employer, who without good reason fails to return the corresponding article last supplied to him or her, shall not be entitled to have such article replaced without payment therefore at a reasonable price.

22.2 An employee on leaving the service of an employer shall return any uniform, or part thereof, supplied by that employer which is still in use immediately prior to leaving.

22.3 In lieu of supplying a uniform to an employee, an employer shall pay to such employee an amount per week as set out in Item 14 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates.

22.4 If the uniform of an employee is not laundered at the expense of the agency, an amount per week as set out in Item 15 of the said Table 2 shall be paid to such employee.

23. Telephone Allowance

23.1 An officer required to answer emergency telephone calls outside ordinary working hours shall be recompensed rental charges on such telephone upon production of receipted accounts.

23.2 Provided that, where an officer is required to answer out of hours telephone calls on a relief basis, he/she shall be paid one-twelfth of his/her yearly telephone rental for each month or part thereof he/she is so employed.

24. Amenities

24.1 Suitable lavatory conveniences shall be provided for all employees and, when and where practicable, dining room accommodation, dressing room and lockers also shall be provided.

25. Labour Flexibility

25.1 An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training. Such duties may include work which is incidental or peripheral to the employee's main tasks, provided that such duties are not designed to promote deskilling.

25.2 The employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such tools and equipment.

25.3 Any direction issued by the employer pursuant to subclauses 25.1 and/or 25.2 shall be consistent with the employer's responsibility to provide a safe and healthy working environment for employees and the employer's duty of care to residents.

26. Grievance and Dispute Resolution Procedures

26.1 The following procedure shall be followed in relation to grievances of individual employees:

(a) The employee is required to notify the employer in writing as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

(b) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(d) 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 for not implementing any proposed remedy.

(e) While a procedure is being followed, normal work must continue.

26.2 The following procedure shall be followed in relation to disputes, etc., between employers and their employees:

(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(b) Reasonable time limits must be allowed for discussion at each level of authority.

26.3 For the procedure set out in subclauses 26.1 and 26.2, the employer may be represented by an industrial organisation of employers, and the employees may be represented by the union or the union's representative.

26.4 For the purpose of this clause, union representative shall mean an employee appointed as a union representative who shall, upon notification thereof to the employer in writing and within 14 days of such appointment, be recognised as the accredited representative of the union.

26.5 This clause shall not apply to an employer who employs not more than 20 employees or an employer with a management structure under which all employees are directly supervised and controlled by the employer or the chief executive of the facility.

27. Anti-Discrimination

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

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

27.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

27.4 Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

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

NOTES -

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

(b) Section b56 (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:

28. Right of Entry

28.1 An authorised industrial officer may enter, during working hours, any premises where relevant employees are engaged, for the purpose of holding discussions with the employees at the premises in any lunch time or non-working time.

28.2 An authorised industrial officer may enter, during working hours, any premises where relevant employees are engaged, for the purpose of investigating any suspected breach of the industrial relations legislation or of any industrial instrument that applies to any such employees, provided the authorised industrial officer has given the employer concerned at least 48 hours' notice.

28.3 All other conditions regarding entry and inspection by officers of industrial organisations shall be in accordance with the Industrial Relations Act 1996.

29. Termination of Employment

29.1 During the first three months of employment in any agency, employment shall be from week to week.

29.2 After three months continuous service, employment may be terminated by the employee by the giving of fourteen days notice. Failure to give 14 days notice shall result in the forfeiture of 14 days salary.

29.3 Nothing in this clause shall prevent the summary dismissal of an employee for misconduct.

29.4 Except for misconduct justifying summary dismissal, the services of an employee shall be terminated by an employer only by notice as prescribed by the following: -

Years of Continuous Service	Notice Required
Not more than 1 year	at least one week
More than 1 but not more than 3 years	at least two weeks
More than 3 but not more than 5 years	at least three weeks
More than 5 years	at least four weeks

Where an employee is over 45 years of age they shall receive, in addition to the above table, one week's extra notice, provided the employee has had two years' service.

30. Redundancy

30.1 Application -

(a) This clause shall apply in respect of full-time and part-time persons employed under this award; and

(b) In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, it shall apply in the terms of this clause.

30.2 Introduction of Change -

Employer's Duty to Notify -

(a) Where an employer had made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the 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.

Provided that where this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

30.3 Employer's Duty to Discuss Change -

(a) The employer shall discuss with the employees affected and the union to which they belong, inter-alia, the introduction of the changes referred to in subclause 30.2 of this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(b) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in subclause 30.2 of this clause.

(c) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong, 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 any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

30.4 Discussions Before Terminations -

(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph (a) of subclause 30.2, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(b) The discussions shall take place as soon as practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause and shall cover, inter-alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(c) For the purposes of the discussions the employer shall, as soon as practicable, provide to the employees concerned, and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

30.5 Notice for Changes in Production, Program, Organisation or Structure - This subclause sets out the provisions to be applied to terminations by the employer for reasons arising from production, program, organisation or structure in accordance with subclause 30.2 of this clause.

(a) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

(b) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

(c) Payment in lieu of the notice above shall be made if the appropriate period of notice is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

30.6 Notice for Technological Change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause 30.2 of this clause.

(a) In order to terminate the employment of an employee the employer shall give to the employee three months notice of termination.

(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

30.7 Time Off During the Notice Period -

(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, up to a maximum of five days off, for the purpose of seeking other employment.

(b) 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 employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

30.8 Employee Leaving During the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

30.9 Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

30.10 Notice to Centrelink - Where a decision has been made to terminate the employment of 15 or more employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

30.11 Centrelink Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink

30.12 Transfer to Lower-paid Duties - Where an employee is transferred to lower-paid duties for reasons set out in subclause 30.2 of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

30.13 Severance Pay - Where the employment of an employee is to be terminated pursuant to this clause, and subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of Service Entitlement	Under 45 Years of Age

Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(b) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

Years of Service Entitlement	45 Years of Age and Over

Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(c) "Week's Pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

30.14 Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 30.13 of this clause.

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 30.13 will have on the employer.

30.15 Alternative Employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 30.13 if the employer obtains acceptable alternative employment for an employee.

30.16 Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

31. 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.

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).

32. Remuneration Packaging

(i) Where agreed between the employer and an employee, an employer may introduce remuneration packaging. Neither the employer nor the employee may be compelled to enter into a remuneration packaging agreement. Employees may exercise their right to continue to receive their applicable award salary.

(ii) Remuneration packaging means that an employee will have part of their remuneration packaged into a fringe benefit, which does not constitute a direct payment to the employee but is payable to a bona fide third party.

(iii) The terms and conditions of a remuneration package offered to an employee shall not, when viewed objectively, be less favourable than the entitlements otherwise available under the award and shall be subject to the following provisions.

(a) A copy of the agreement shall be made available to the employee.

(b) The employer shall ensure that the structure of any package complies with taxation and other relevant laws.

(c) All award conditions, other than the salary and those conditions as agreed in sub-clause (d) below shall continue to apply.

(d) Where packaging arrangements apply, the employer and employee may by mutual agreement delete the application of certain award clauses, excepting clauses involving: Annual Leave; Sick Leave; Long Service Leave; Personal/Carer’s Leave; Public Holidays; and Grievance and Disputes Resolution Procedures.

(e) The employee shall be entitled to inspect details of the payments made under the terms of this agreement.

(f) Superannuation Guarantee Contributions will be calculated with reference to the salary the employee would have been entitled to receive but for the remuneration packaging agreement.

(g) Any allowance, penalty rates, overtime, payment for unused leave entitlements, other than any payments for leave taken whilst employed, shall be calculated by reference to the salary which would have applied to the employee but for the remuneration packaging agreement.

(h) Pay increases granted to employees in accordance with this award shall also apply to employees subject to remuneration packaging arrangements.

(i) Remuneration packaging arrangements shall cease during any period of leave without pay, including periods of unpaid sick leave.

(j) Where at the end of the Fringe Benefit Tax year the full amount allocated to a specific benefit has not been utilised, it will be paid as salary, which will be subject to appropriate taxation requirements. By agreement between the employer and the employee, any unused benefit may be carried forward to the next period on the basis that any FBT obligation is accepted by the employee.

(k) A remuneration package may be changed or terminated at any time, by agreement of the parties.

(l) Either party may unilaterally withdraw from a remuneration packaging agreement by providing one month’s written notice to the other party. A lesser period of notice or no notice may be provided in circumstances identified in subclause (iii)(m).

(m) The employer may terminate a remuneration packaging agreement, at any time, should the employer cease to attract exemption from the payment of Fringe Benefit Tax or should amendments to legislation be made that are detrimental to, or increase the costs of remuneration packaging arrangements.

(n) Where a remuneration packaging agreement is terminated the employee’s salary will revert to the applicable award classification rate the employee would have been entitled to receive but for the remuneration packaging agreement.

(o) In the event that the employee ceases to be employed by the employer this agreement will cease to apply as at the date of termination. Benefits not paid on or before the date of termination shall be treated as salary and the appropriate tax deducted.

33. Reasonable Hours

33.1 Subject to sub-clause (ii) an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for under the award.

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

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

(a) any risk to employee health and safety.

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

(d) The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(e) Any other relevant matter.

34. 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.

(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.

35. Area, Incidence and Duration

35.1 This award was made following a review under section 19 of the Industrial Relations Act 1996.

35.2 This award rescinds and replaces the Charitable Institutions (Professional Paramedical Staff) (State) Award published 7 July 2000 (316 IG 1240), and all variations thereof.

35.3 This award shall apply to all employees as defined herein.

35.4 This award shall take effect from the first pay period on or after 13 June 2001and shall remain in force thereafter for a period of 24 months.

35.5 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.

35.6 This award remains in force until varied or rescinded, the period for which it was made already having expired.

PART B

MONETARY RATES

Table 1 - Salaries

Classification	Current Rate	SWC 2010	Wage Rate as from
	per week	Adjustment	16.12.2010
		per week	per week
	$	%	$
Scientific Officer			762.60
1^st year of service	731.50	4.25	782.90
2nd year of service	751.00	4.25	817.30
3rd year of service	784.00	4.25	858.30
4th year of service	823.30	4.25	902.20
5th year of service	865.40	4.25	943.30
6th year of service	904.80	4.25	976.00
7th year of service	936.20	4.25	1000.60
8th year of service & thereafter	959.80	4.25
Senior Scientific Officer			1059.80
1st year of service	1,016.60	4.25	1088.20
2nd year of service	1,043.80	4.25	1112.50
3rd year of service	1,067.10	4.25	1136.80
4th year of service	1,090.50	4.25	1162.20
5th year of service	1,114.80	4.25	1194.20
6th year of service	1,145.50	4.25	1223.80
7th year of service	1,173.90	4.25	1249.40
8th year of service & thereafter	1,198.50	4.25
Senior Scientific Officer in Charge
In charge of a section of a laboratory
1st year	1,016.60	4.25	1059.80
2nd year	1,043.80	4.25	1088.20
3rd year & thereafter	1,067.10	4.25	1112.50
In charge of a laboratory of an agency having an ADA of
Less that 200 ADA
1st year	1,090.50	4.25	1136.80
2nd year	1,114.80	4.25	1162.20
3rd year & thereafter	1,145.50	4.25	1194.20
More that 200 ADA
1st year	1,145.50	4.25	1194.20
2nd year	1,174.00	4.25	1223.90
3rd year & thereafter	1,198.50	4.25	1249.40
Principal Scientific Officer
1st year of service	1,231.10	4.25	1283.40
2nd year of service	1,256.70	4.25	1310.10
3rd year of service	1,284.80	4.25	1339.40
4th year of service	1,310.50	4.25	1366.20
5th year of service	1,337.00	4.25	1393.80
6th year of service	1,363.60	4.25	1421.60
7th year of service	1,390.20	4.25	1449.30
8th year of service	1,417.10	4.25	1477.30
9th year of service	1,443.40	4.25	1504.70
10th year of service & thereafter	1,470.90	4.25	1533.40
Trainee Scientific Officer
1st year of service	492.70	4.25	513.60
2nd year of service	538.90	4.25	561.80
3rd year of service	561.00	4.25	584.80
4th year of service	612.10	4.25	638.10
5th year of service	665.40	4.25	693.70
6th year of service	708.70	4.25	738.80
Medical Records Administrator
Grade 1	722.10	4.25	752.80
Grade 2	733.00	4.25	764.20
Grade 3	743.70	4.25	775.30
Grade 4	753.90	4.25	785.90
Grade 5	767.90	4.25	800.50
Grade 6	779.80	4.25	812.90
Grade 7	793.20	4.25	826.90
Grade 8	825.20	4.25	860.30
Nurse Counsellor
1st year of service	721.90	4.25	752.60
2nd year of service	746.40	4.25	778.10
3rd year of service	779.80	4.25	812.90
4th year of service	810.00	4.25	844.40
5th year of service	845.20	4.25	881.10
6th year of service	874.20	4.25	911.40
7th year of service	899.20	4.25	937.40
8th year of service	920.90	4.25	960.00
9th year of service	955.40	4.25	996.00
Dental Officer
On appointment
Less than 2 years service	826.40	4.25	861.50
with 2 and less that 4 years service	878.90	4.25	916.30
with 4 and less that 5 years service	927.10	4.25	966.50
with 5 or more years' service	982.70	4.25	1024.50
on completion of 12 months on
maximum of scale-
1st year	1,038.80	4.25	1082.90
2nd year	1,091.70	4.25	1138.10
Senior Dentist
1st year	1,123.30	4.25	1171.00
2nd year	1,153.80	4.25	1202.80
Dental Chairside Assistant
1st year of service	433.60	4.25	452.00
2nd year of service	465.70	4.25	485.50
3rd year of service	495.90	4.25	517.00
4th year of service	531.20	4.25	553.80
5th year of service	559.00	4.25	582.80
6th year of service	594.10	4.25	619.30
7th year of service	608.60	4.25	634.50
8th year of service	617.10	4.25	643.30
9th year of service	624.90	4.25	651.50
Dietitians
General Scale
1st year of service	751.00	4.25	782.90
2nd year of service	784.00	4.25	817.30
3rd year of service	823.30	4.25	858.30
4th year of service	865.40	4.25	902.20
5th year of service	904.80	4.25	943.30
6th year of service	936.20	4.25	976.00
7th year of service	959.80	4.25	1000.60
Grade 1
1st year	1,016.60	4.25	1059.80
2nd year	1,043.80	4.25	1088.20
Therapists (other than Speech
Pathologists) Salaries
1st year of service	731.50	4.25	762.60
2nd year of service	751.00	4.25	782.90
3rd year of service	784.00	4.25	817.30
4th year of service	823.30	4.25	858.30
5th year of service	865.40	4.25	902.20
6th year of service	904.80	4.25	943.30
7th year of service	936.20	4.25	976.00
8th year of service & thereafter	959.80	4.25	1000.60
Speech Pathologists
1st year of service	731.50	4.25	762.60
2nd year of service	751.00	4.25	782.90
3rd year of service	784.00	4.25	817.30
4th year of service	823.30	4.25	858.30
5th year of service	865.40	4.25	902.20
6th year of service	904.80	4.25	943.30
7th year of service	936.20	4.25	976.00
8th year of service & thereafter	959.80	4.25	1000.60
Audiologists
1st year of service	715.80	4.25	746.20
2nd year of service	740.30	4.25	771.80
3rd year of service	773.90	4.25	806.80
4th year of service	806.30	4.25	840.60
5th year of service	840.80	4.25	876.50
6th year of service	873.00	4.25	910.10
7th year of service	898.90	4.25	937.10
8th year of service	924.10	4.25	963.40
9th year of service	955.00	4.25	995.60
Psychologists
1st year of service	716.50	4.25	747.00
2nd year of service	740.70	4.25	772.20
3rd year of service	773.40	4.25	806.30
4th year of service	805.00	4.25	839.20
5th year of service	839.90	4.25	875.60
6th year of service	872.40	4.25	909.50
7th year of service	897.90	4.25	936.10
8th year of service	954.20	4.25	994.80
Clinical Psychologists
1st year of service	923.10	4.25	962.30
2nd year of service	968.20	4.25	1009.30
3rd year of service	1,009.90	4.25	1052.80
4th year of service	1,055.30	4.25	1100.20
5th year of service	1,097.30	4.25	1143.90

Table 2 - Allowances

Item	Clause	Allowance	Amount
No.	No.		16.12.2010
			SWC 2010 (4.25%)
			$
1	3.1 (d)	Qualification Allowance	41.40 p/wk
2	3.8 (c)	Audiologist's Allowance	51.20 p/wk
3	3.7 (c)	In Charge Allowance
		In charge of 1 to 5 other therapists of the same discipline	118.00 p/wk
		In charge of 6 to 9 other therapists of the same discipline	158.40 p/wk
		In charge of 10 to 19 other therapists of the same discipline	191.90 p/wk
		In charge of 20 or more other therapists of the same discipline	226.30 p/wk
4	3.7 (c)	Senior Assistant's Allowance	23.40 p/wk
5		Location Responsibility Allowance
		Responsible for 4 to 5 other therapists of the same discipline	47.10 p/wk
	3.7 (c)	Responsible for 6 to 9 other therapists of the same discipline	69.50 p/wk
		Responsible for 10 or more therapists of the same discipline	86.70 p/wk
6	3.7 (c)	Sole Therapist's Allowance	34.40 p/wk
7	7.2	Scientific Officers - On-Call Allowance	12.40 p/on-call
8	7.3	Therapists - On-Call Allowance	8.20 p/on-call
			41.10 p/wk
9	7.4	Medical Records Administrators-On-Call Allowance	8.20 p/on-call
			41.10 p/wk
10	10.2 (a)	Breakfast Allowance	6.00 p/shift
11	10.2 (b)	Evening Meal Allowance	10.00 p/shift
12	10.2 (c)	Luncheon Allowance	8.00 p/shift
13	21.2	Travelling Allowance	0.526 p/kilometre
14	22.3	Uniform Allowance	1.66 p/wk
15	22.4	Laundry Allowance	0.94 p/wk

____________________

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