Nurses,
Non-Government Schools (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1581 of 2008)
Before Commissioner
Macdonald
|
18 May 2009
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Contract
of Employment
4. Hours
5. Overtime
6. Salaries
7. Call Back
8. Payment of
Salaries
9. Higher
Grade Duty
10. Time off
Duty
11. Annual
Leave
12. Annual
Leave Loading
13. Long
Service Leave
14. Parental
Leave
15. Sick Leave
16. Carers
Leave
17. Bereavement
Leave
18. Allowances
19. Accommodation
and Meals
20. Anti-Discrimination
21. Dispute
Procedure
22. Labour
flexibility
23. Exemptions
24. No Extra
Claims
25. Remuneration
Packaging
26. Superannuation
27. Secure
Employment
28. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
Table 3 - Deductions
2. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have the respective meanings
assigned to them:
(i) "Accommodation"
means a residence, including but not limited to a unit, flat or house, supplied
by the Employer to the nurse as part of his or her conditions of employment.
(ii) "Appropriate
weekly rate" means the rate obtained by dividing the relevant annual rate
for an employee by 52.142857 calculated to the nearest ten cents - any amount
less than five cents to be disregarded.
(iii) "Association"
means the New South Wales Nurses' Association.
(iv) "Award"
means the Nurses, Non-Government Schools (State) Award.
(v) "Board"
means the Nurses' & Midwives Board of New South Wales.
(vi) "Call
Back" means being required to return to school out of rostered hours.
(vii) "Casual
Nurse" means a nurse who is engaged and paid as such.
(viii) "Employer"
means the employer of an employee to whom the award applies.
(ix) "Full time
Nurse" means a nurse who is engaged to work 38 hours per week.
(x) "Off-Site"
means an employee residence other than the school site.
(xi) "Part time
Nurse" means a nurse who is engaged to work regularly, but for less than
38 hours per week.
(xii) "Registered
Nurse" means a person registered by the Board as such.
(xiii) "Senior
Nurse" means a registered nurse appointed to be in charge of one or more
registered nurses.
(xiv) "Nurse in
Charge" means a registered nurse appointed to be in charge of four or more
registered nurses
(xv) "Service"
for the purpose of clause 6, Salaries, of this award means service before or
after the commencement of this award in New South Wales or elsewhere as a
registered nurse, general nurse, geriatric nurse, mental retardation nurse,
infants nurse, midwifery nurse, mothercraft nurse or psychiatric nurse, as the
case may be; provided that following initial registration as a general, mental
retardation or psychiatric nurse, all subsequent registered service shall
count.
Provided that incremental salary progression for all
part-time and casual employees shall be on the basis of employees having
completed the equivalent of one year's full-time employment on each step of the
scale i.e. 1,982 hours. All paid leave
shall count towards service.
(xvi) "Temporary
Employee" means an employee employed to work full time or part time for a
specified period which is not more than a full school year but not less than
four school weeks.
Provided that an employee may be employed for a
specific period in excess of a full school year but not more than two full
school years where such an employee is replacing an employee who is on leave
for a specified period in excess of a full school year.
3. Contract of
Employment
(i) Letter of
Appointment
On appointment, the employer shall provide to a nurse,
other than a casual nurse, a letter setting out the following:
(a) the
classification and rate of pay of the nurse; and
(b) the number of
hours to be worked each week and the number of weeks or days to be worked
throughout the year; and
(c) a statement in
relation to superannuation entitlements; and
(d) whether the rate
of pay is payable during term time only or throughout the year in accordance
with subclause (iv) of clause 6, Salaries.
If there is a requirement to work during school vacations
the number of such days to be worked shall be clearly specified.
(ii) Probationary
Period
A new employee may be appointed by the employer, with
notice in writing, on a probationary basis for a period not exceeding three
months.
(iii) Stand down
(a) A nurse may be
stood down on leave of absence without pay during all school vacation periods
when no work is available. Provided
that the contract of employment shall be deemed not to have been broken for all
award and statutory purposes by such leave of absence during vacation
periods. Provided that such leave of
absence during pupil vacation periods shall count as service for all award and
statutory purposes.
(b) Where the
employment of a nurse is terminated by the employer in accordance with the provisions
of this clause through no fault of the nurse within one week of the end of any
school term or during the following vacation, and such nurse whose services are
so terminated is re-employed by the same employer before the expiration of two
weeks after the commencement of the next school term, the contract of
employment shall not be deemed to have been broken for the purposes of the Long
Service Leave Act, 1955.
(iv) Termination of
employment
(a) Except for the
first week of employment, the employment of a full-time or part-time nurse may
be terminated by either party by giving notice to the other party as set out in
the following table "Period of Notice", or by the payment or
forfeiture of the equivalent wages in lieu of notice.
Period of Notice
Years of Continuous
Service
|
Notice Period
|
Less than 1 year
|
1 week minimum
|
1 year and less
than 3 years
|
2 weeks minimum
|
3 years and less
than 5 years
|
3 weeks minimum
|
5 years and over
|
4 weeks minimum
|
(b) Paragraph (a) of
this subclause shall not affect the right of the employer to dismiss any
employee without notice for misconduct and in such cases wages shall be paid up
to the time of dismissal only.
(c) The employment
of a casual employee may be terminated by one hour’s notice by either party.
(v) Statement of
Service
On the termination of employment the employer shall, at
the request of the nurse, give to such employee a statement signed by the
employer stating the period of employment, the nurse’s classification, and when
the employment terminated.
(vi) Payment on
Termination
Nurses terminating employment shall be paid all wages
and other monies due forthwith, including any payments which may be due in lieu
of annual leave and/or long service leave.
4. Hours
The ordinary hours of work, inclusive of meal times,
shall be 152 hours per four week cycle and shall not exceed an average of 38
hours per week. The spread of hours
shall not exceed twelve in any one day.
Rostered hours include the period where the employee is
required to be available for duty other than a period overnight when the
employee is sleeping on the premises.
5. Overtime
(i) An employer may
require an employee to work reasonable overtime at overtime rates.
All time worked by employees in excess of the rostered
daily ordinary hours of work shall be overtime and shall be paid at the rate of
time and one half for the first two hours and double time thereafter in respect
of each overtime shift worked or in respect of overtime worked prior to or at
the conclusion of a normal shift.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of subclause 5(ii) what is unreasonable or otherwise 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;
(c) The needs of the
workplace or enterprise;
(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.
6. Salaries
(i) Full-time Nurse
The minimum weekly rate of pay for full-time employees
shall, subject to the other provision of this award, be calculated by dividing
the rates of pay set out in Table 1 - Wage Rates, of Part B, Monetary Rates by
52.142857
(ii) Part-time
Nurse
A part-time nurse shall be paid an hourly rate
calculated on the basis of 1/38 of the appropriate weekly rate prescribed by
this award.
(iii) Casual Nurse
(a) Casuals shall be
paid an hourly rate calculated on the basis of one thirty- eighth of the
appropriate weekly rate prescribed by this award plus 20 percent (which shall
include the entitlement to payment in respect of annual leave under the Annual
Holidays Act, 1944) with a minimum payment of two hours for each start and
shall also be paid all fares reasonably and actually incurred in travelling to
and from work.
(b) A casual nurse
shall not be entitled to the benefit of any of the other provisions of this
award, except for subclause (i) of clause 18, Allowances, but may be provided
with meals during working hours.
(c) A casual
employee shall be entitled to the provisions found in clauses 14, 16 and 17.
(iv) Temporary Nurse
(a) A temporary
nurse shall be paid the appropriate weekly rate of salary prescribed by this
award.
(v) Stand Down
Provision for nurses not required to work non-term time
The employer may elect to stand down an employee in
accordance with subclause (iii) of clause 3, Contract of Employment, or to
average the employee's payment of wages over the year.
(A) Independent
Schools
When the employer elects to average the employee's
payment of wages in accordance with sub-clause (iii) of Clause 3, the rates
will be paid in installments throughout the year including annual leave (this
is not inclusive of the annual leave loading).
The following formula shall be used to determine the
appropriate weekly rate:
N + 11
|
x
|
annual rate of
salary
|
240
|
|
52.14
|
Where:
N = number of days the employee will be required to
work each year
Provided that:
(i) the number of
days worked excludes public holidays; and
(ii) for the
purpose of this formula only, and to avoid a mathematical inconsistency, a
part- time employee shall be deemed to work the same number of days during
school terms as a full-time employee at the same school.
(a) Part time
averaged rates shall be calculated by determining the full time averaged salary
then dividing by 38.
(b) The rate of pay
of an employee determined by paragraphs (a) of this subclause, shall be the
appropriate rate for all purposes.
However, such rate shall not be used in the calculation of casual and
overtime rates of pay which may be payable to the employee.
(B) Catholic Standard
Full-time and part-time nurses who are not required to
work 48 weeks a year shall be paid in accordance with this subclause:
(i) Where a nurse
is not required to work 48 weeks in a year (excluding annual leave) then the
employer may elect to stand down the nurse or to pay the nurse in accordance
with paragraph (b) of this subclause.
(ii) When the
employer elects to average a full-time nurse’s payment of wages under
paragraphs (a) of this subclause the nurse will be paid in equal instalments
throughout the year. The following
formula shall be used to determine the appropriate full-time weekly rate:
where;
W = weekly rate for employees required to work 48 weeks
per year determined in accordance with
paragraph (a) of subclause (vii) of this clause
N = number of days worked per year and is not less than
the number of days in the school year at each school; provided that:
(1) N cannot be less
than the number of school days in that school;
(2) the value of N
does not include the days paid at a casual rate in Clause 8, Work During Pupil
Vacation Periods;
(3) the number of
days worked excludes public holidays; and
(4) N cannot exceed
229 and if it does the employee shall be paid in accordance with subclause
(vii) of this clause.
Provided that where the employee works school terms
only (that is, where N equals 204) this formula shall be rounded to:
0.9 x W
(iii) Part-time
employees not required to work 48 weeks of the year and not stood down, for
each hour worked during ordinary time, shall be paid one thirty-eighth of the
minimum weekly wage calculated in accordance with paragraph (b) of this
subclause, for the class of work performed by them.
(iv) The rate of pay
of an employee determined by paragraphs (b) and (c) of this subclause shall be
the appropriate rate for all purposes.
However, such rate shall not be used in the calculation of casual and
overtime rates of pay which may be payable to the employee.
(v) Rounding of
Rates
The hourly rate of part-time and casual employees shall
be calculated to the nearest whole cent, any amount less than half a cent in
the result to be disregarded.
(vi) Absorption
The increases in minimum rates of payment may be fully
absorbed at the discretion of the employer into any payment that an employee
receives in excess of the rates set out in Table 1- Wage Rates of Part B -
Monetary Rates at the applicable time.
7. Call Back
(i) An employee who
resides off-site and is called back, with or without prior notification, shall
be paid a minimum of two hours pay at the appropriate rate for each such
attendance. Where an employee is recalled to duty, he or she shall be
reimbursed all reasonable fares and expenses actually incurred.
(ii) An employee
who resides on the school site may be provided full board and lodging in lieu
of a call-back allowance.
(iii) An employee
called back to work overtime after leaving the employer’s premises shall be
paid for a minimum of two hours work at the appropriate overtime rate each time
so recalled in accordance with clause 5 Overtime. If the work required is
completed in less than two hours, the employee shall be released from duty.
(iv) If an employee
who does not normally reside on the school site is required to sleep over as
part of a call back then the terms of remuneration will be negotiated between
the employer and the employee.
8. Payment of
Salaries
(i) Casual
employees shall be paid upon the completion of each engagement.
(ii) Salaries shall
be paid weekly, fortnightly or monthly.
(iii) Employees may
have their salary paid into one account with a bank or other financial
institution of New South Wales as nominated by the employee. Salaries shall be deposited by the employer
in sufficient time to ensure that wages are available for withdrawal by
employees by no later than payday.
(iv) Where excess
payments are made in circumstances which were not apparent or could not
reasonably have been expected to be detected by the employee, the relevant
parties shall seek agreement on the matter of the overpayment including, when
necessary and appropriate, discussion between the Nurses Association and
relevant employer representatives.
9. Higher Grade Duty
An employee, who is called upon to relieve an employee in a
higher classification and who satisfactorily performs the whole of the duties
and assumes the whole of the responsibilities of the higher classification,
shall be entitled to receive, for the period of relief, the minimum salary
appropriate to such higher classification.
10. Time Off Duty
All employees shall be entitled to two days off duty each
week, or four days off duty each fortnight, at a time mutually convenient to
the employer and the employee. Such
days off shall be consecutive as far as is practicable, unless the employee and
the employer agree otherwise. The days
upon which days off are to be taken, once agreed between the employer and the
employee shall not be changed without seven days' notice being given by each
party.
11. Annual Leave
(i) All employees
who commence employment on or after 1 December 2005, other than casual nurses,
shall receive four weeks paid annual leave in accordance with the Annual
Holidays Act 1944, such leave normally to be taken during the Christmas
vacation period.
(ii) All employees
who commenced employment prior to 1 December 2005 other than casual nurses,
shall receive nine weeks paid annual leave per year, of which not less than six
weeks shall be in one unbroken period during the Christmas vacation period.
(iii) All part-time
employees shall receive four weeks paid annual leave in accordance with the
Annual Holidays Act 1944, such leave normally to be taken during the Christmas
vacation period.
12. Annual Leave
Loading
(i) In this clause
the Annual Holidays Act, 1944, is referred to as "the Act".
(ii) Before an
employee, other than a casual 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.
(iii) 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 and this award.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes entitled under the Act and this award, or, where such a
holiday is given and taken in separate periods then in relation to each separate
period, provided that the loading shall only apply to the first four weeks of
vacation leave prescribed by subclause (ii) of clause 11, Annual Leave, of this
award taken by an employee after each qualifying period of service of twelve
months.
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) of this clause at the rate of 17.5 per cent of the
appropriate ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
his/her annual holiday, but shall not include the amounts prescribed in
subclause (i) of Clause 15 of this award.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such 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 holiday and is to
be calculated in accordance with subclause (v) of this clause applying the
award rates of wages payable on that day.
(vii) 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
(iv) 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 clause 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.
(viii)
(a) Where the
employment of an employee is terminated by his/her employer, for a cause other
than misconduct and at the time of the 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 (iv) of this clause for the period not taken.
(b) Except as
provided in paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
13. Long Service
Leave
For entitlement of long service leave, see the Long
Service Leave Act, 1955.
14. Parental Leave
(i) 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)
(ii) 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.
(iii) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee’s
request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(iv) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a).
15. Sick Leave
An employee, who after not less than three months continuous
service in his/her current employment is unable to attend for duty during the
employee's ordinary working hours by reason of personal illness or incapacity
not due to the employee's own serious and wilful misconduct shall be entitled
to be paid at ordinary time rates of pay for the time of such non-attendance
subject to the following:
(i) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to workers' compensation.
(ii) The employee
shall, as soon as reasonably practicable and in any case within 24 hours of
commencement of such absence, inform the employer of the employee's inability
to attend for duty and, as far as possible, state the nature of the illness or
incapacity and the estimated duration of absence.
(iii) Other than in
respect of the first two days' absence in respect of sickness in any year an
employee shall, upon request, provide a medical certificate addressed to the
employer, or if the employer requires, to the school medical officer. Notwithstanding the foregoing the employer
may require other evidence of sickness.
(iv) The employee
shall, in respect of any year of continued employment, be entitled to paid sick
leave for seven working days during the employee's first year of service, and
ten working days during each subsequent year of service. Any period of paid sick leave allowed by the
employer to an employee in any such year shall be deducted from the period of
sick leave which may be allowed or carried forward under this award in respect
of such year.
(v) The rights under
this clause shall accumulate from year to year so long as the employee's
employment continues with the employer so that any part of seven days in the
first year of service and ten days in any subsequent year of service which has
not been allowed in any year may be claimed by the employee and shall be
allowed by the employer, subject to the conditions prescribed by this clause,
in a subsequent year of such continued employment.
(vi) For the
purposes of this clause a year means a year of employment.
(vii) A part-time
employee shall be entitled to sick leave upon the same ratio as the number of
hours worked in each week bears to 38.
16. Carer’s Leave
A. Independent
Schools
(i) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in (i)(c) 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 15 Sick Leave, 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,
(i) 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
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care and support of the person concerned; and
(ii) the person
concerned being:
(A) a member of the
employee’s immediate family; or
(B) a member of the
employee’s household.
The term immediate family includes:
(1) a spouse
(including former spouse, a de facto spouse and a former de facto spouse) of
the employee. A de facto spouse, in
relation to a person, means 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 bonafide domestic basis although not legally married to the person;
and
(2) a child or adult
child (including an adopted child, a step child, a foster child or an
ex-nuptial child), a parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the employee or spouse of the employee.
(d) The employee
shall not be entitled to paid carer’s leave unless he or she notified the
Principal of the school (or a person deputised by the Principal) of the need
for carer’s leave and the estimated period of absence at the first available
opportunity and where possible, before the first organised activity at the
school on the day of absence. The
employee will have sick leave credits available to the extent of the leave to
be taken.
(e) Notwithstanding
paragraph (a) of the subclause, a part-time employee is only entitled to an
amount of carer’s leave in the same proportion the hours of a part-time
employee bears to the hours of a full-time employee.
(f) Any carer’s
leave taken in accordance with this clause shall be deducted from the sick
leave entitlement of the employee.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at Clause 21 should be followed.
(ii) Unpaid Leave
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 subparagraph (ii) of paragraph (c) of subclause
16A of this clause who is ill.
(iii) Annual Leave
(a) An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to annual
leave, as prescribed in paragraph (a) of this subclause shall be exclusive of
any stand down period provided for elsewhere under this award.
(c) An employee and
employer may agree to defer payment of annual leave loading in respect of
single day absences, until at least five annual leave days are taken.
(d) An employee may
elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the
date at which it falls due.
(iv) Personal Carers
Entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in (i)(b) 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 (i)(c) 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.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the entitlements provided for in
this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
B. Catholic
Personal / Carer’s leave
This clause only applies to employees who are employed under
the Nurses, Non-Government Schools (State) Award by a body which has been
established by the Catholic Church to propagate religion, excepting employees
employed by Chevalier College, Bowral; Kincoppal, Rose Bay; and, Loretto,
Kirribilli. Where this clause applies,
clause 16 A shall not apply.
(i) Use of Sick
Leave to Provide Care and Support for a Family Member
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in (i)(c) 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 15 Sick Leave, 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,
(i) 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
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the family
member being a parent, step-parent, spouse, grandchild, sibling, grandparent,
child, step-child, foster child, adopted child and foster parent of the
employee or spouse.
(ii) Use of Sick
Leave for a Pressing Domestic Necessity
(a) Subject to
paragraph (c), for the purposes of this clause "pressing domestic
necessity" means any reason at the discretion of the employer, provided
that such discretion is not unreasonably withheld and is exercised so as not to
contravene any applicable provisions of the Anti-Discrimination Act.
(b) An employee,
other than a casual employee, with sick leave credits may apply to utilise such
credits up to five of any current or accrued sick leave entitlement days in any
one year of the employee’s service, for any pressing domestic necessity other
than to care for or support a person defined in subparagraph B (i) (c) (ii).
(c) Where an
employee, other than a casual employee, is not entitled to utilise sick leave
credits pursuant to paragraph 1(a) he or she may access any current or accrued
sick leave for any pressing domestic necessity, where the employee is
responsible for the care or support of a person not referred to in subparagraph
B (i) (c) (ii).
(d) The yearly
entitlement for the purpose of pressing domestic necessity in paragraph 2(b) is
non-cumulative.
(e) If required, an
employee shall provide a written statement or other evidence supporting the
application for personal/carer’s leave for the purpose of pressing domestic
necessity.
(iii) Notification
of Intention to Take Leave
In relation to subclauses (i) and (ii), wherever
practicable, an employee shall give the employer notice prior to the absences
of the intention to take leave. The employee shall also provide the name of the
person requiring care, that person’s relationship to the employee, the nature
of any pressing domestic necessity, 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.
(iv) Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in subclause (i)(c) above who is ill or who requires
care due to an unexpected emergency.
(v) 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 stand down 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.
(vi) Personal Carers
Entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in (i)(b) 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 (i)(c) 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.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
17. Bereavement Leave
A. Independent
Schools
(a) Upon the death within
Australia of an employee's husband or wife, including de facto husband or de
facto wife, parent, child including stepchild or ward, brother or sister,
mother-in-law or father-in-law, the employee shall be entitled upon notice to
leave of absence for two working days. Proof of death of the relative shall lie
upon the employee.
(b) Bereavement
leave shall be available to an employee in respect of the death of a member of
the employee’s immediate family or household as defined in clause 16, Carer’s
Leave.
(c) 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.
(d) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(ii) and (iii) of the said clause 16. In determining such a request the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the school.
(e) Bereavement
entitlements for casual employees
(i) Subject to the
evidentiary and notice requirements in subclause (a) 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 (i)(c)(ii) of Clause 16,
Personal/Carers Leave
(ii) 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
(iii) 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.
B. Bereavement
Leave (Catholic Standard)
This clause only applies to employees who are employed
under the Nurses, Non-Government Schools (State) Award by a body which has been
established by the Catholic Church to propagate religion.
(a) An employee
other than a casual employee shall be entitled to up to two days Bereavement
Leave without deduction of pay on each occasion of the death of a person
prescribed in 17A (c) below.
(b) 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.
(c) Bereavement
Leave shall be available to the employee in respect to the death of a person in
relation to whom the employee could have utilised Catholic 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.
(d) An employee
shall not be entitled to Bereavement Leave under this clause during any period
of which the employee has been granted other leave.
(e) Bereavement
Leave may be taken in conjunction with other leave available under the Catholic
Personal/Carer’s Leave clause. Where
such other available leave is to be taken in conjunction with Bereavement
Leave, consideration will be given to the circumstances of the employee and the
reasonable operational requirements of the employer.
(f) Bereavement
entitlements for casual employees
(i) Subject to the
evidentiary and notice requirements in subclause (b) 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 (i)(c)(ii) of Clause 12,
Personal/Carers Leave
(ii) 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
(iii) 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.
18. Allowances
(i) Uniforms
(a) Where an
employer requires an employee to wear a uniform, such uniform shall be provided
by the employer. In lieu of providing a
uniform an employer may elect to pay the sum as set in Item 1 of Table 2 of
Part B, Monetary Rates except during periods of annual leave.
(b) Where uniforms
are not laundered at the employer's expense an allowance as set in Item 2 of
the said Table 2 shall be paid to the employee.
(c) Uniforms, for
the purpose of this clause, shall be sufficient, suitable and of a recognised
serviceable standard for the performance of nursing duties.
(d) Casual and
part-time employees shall be paid the allowances under subclauses (a) and (b)
of this clause on a pro-rata basis, calculated on the ratio that the number of
hours worked by the employee bears to 38 hours per week.
(ii) Nurse in
Charge
A registered nurse who is designated to be in charge of
4 or more registered nurses shall be paid the allowance as set in Item 3 of
Table 2 of Part B Monetary Rates.
19. Accommodation and
Meals
(i) Where full
accommodation and meals of seven days per week is provided for a nurse, the
employer shall be entitled to deduct from the salary of the nurse the amount
set out in Item 1 Table 3, Monetary Rates, for Accommodation and Meals.
(a) In accordance
with clause 7 (ii) Call Back, an employee who resides on the school site may be
provided full board and lodging in lieu of a call-back allowance.
(ii) When a nurse
who is living off-site is provided with meals by the employer, a deduction at
the rate set out in Item 2 of Table 3, Monetary Rates for each such meal may be
made by the employer.
(iii) When the
building of a structure is commenced or a building acquired subsequent to the
commencement of this award for the purpose of either solely or inter alia of
providing lodging for a nurse in accordance with this clause such lodging shall
consist of not less than a private bedroom for the sole use of the nurse, and a
bathroom and toilet for use by the nurse and not more than three other members
of the staff and the provision of a common sitting room for use by all members
of the staff.
20. Anti -
Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the objective
of 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.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award that parties have obligations to take all reasonable
steps to ensure that the operations of this award are not directly or
indirectly discriminatory in their effects.
It will be consistent with the fulfillment of these obligations for the
parties to make application to vary any provision of the award, which, by its
terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti
Discrimination Act 1977, it is unlawful to victimise an employee because the
employee has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempt for 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 on any State or federal
jurisdiction.
(v) 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.
21. Disputes
Procedure
It is the intention of the parties to this award to
eliminate disputes which result in stoppages, bans or limitations, and it is
agreed that the parties to this award shall confer in good faith with a view to
resolving the matter by direct negotiation and consultation.
The parties further agree that subject to the provisions of
the Industrial Relations Act, 1996, all grievances, claims or disputes shall be
dealt with in the following manner so as to ensure the orderly settlement of
the matters in question.
(i) Any grievance
or dispute which arises shall, where possible, be settled by discussion on the
job between the employee and immediate supervisor.
(ii) If the matter
is not resolved at this level, the matter will be further discussed between the
affected employee, the union representative and the supervisor or manager of
the relevant section or department, and the employer's industrial relations
representative shall be notified.
(iii) If no
agreement is reached the union representative will discuss the matter with the
company's nominated industrial relations representative.
(iv) Whilst the
foregoing procedure is being followed work shall continue normally. No party
shall be prejudiced as to the final settlement by the continuance of work in
accordance with this subclause.
(v) Should the
matter still not be resolved it may be referred by these parties to the
Industrial Commission of New South Wales for settlement.
(vi) This clause
shall not apply to any dispute as to a bona fide safety issue.
22. Labour
Flexibility
(i) The parties to
the Award agree that the needs of the school may require the experience and
skill of nursing staff employees to advance the general interests of the
school. The parties agree that nursing
staff employees may be engaged in the following work of the school in addition
to the existing duties that are outlined in this Award.
(a) Curriculum
involvement
In circumstances where the skill, experience and
expertise of the nursing staff employees is relevant to the school curriculum
the parties agree that, by providing adequate notice and assistance, such staff
may be engaged in providing information to students and school staff. Such engagements may include but is not
limited to the following
Guest Lectures
General Advice
Policy Development
Management of Critical Incidents
Advice to the School Executive
(b) Occupational
Health and Safety
When requested to do so by the Principal or his/her
delegate, the skill, experience and expertise of the nursing staff employees
may be applied to participate in the activity of the occupational health and
safety consultative arrangement that operates within the school. Such engagement may include but is not
limited to the following:
General advice
Co-ordination and or Membership of an OH&S
Committee
Co-ordination and or Membership of an OH&S
Consultative Structure as defined in current legislation
Any other means that is agreed to between the employer
and the employee
(c) Staff
Professional Development
In circumstances where the skill, experience and
expertise of the nursing staff employees is relevant to the professional
development agenda of the school, the parties agree that, by providing adequate
notice and assistance, such staff may be engaged for the purpose of providing
information to the school staff on health matters. Such engagement may include but is not limited to the following:
First Aid Training for Staff
General advice on a range of health issues that are
relevant to the work of the School
Lectures and learning activities on relevant health
topics that are within the scope of the skill, experience and expertise of the
nursing staff including but not limited to crisis and critical incident
management, drug and alcohol education, eating and other social disorders,
mental health issues, management of students with disabilities or specific
health conditions.
(ii) Consent to
requests to be engaged in such activity will not be unreasonably withheld.
23. Exemptions
An employee, who is in receipt of a salary 10% in excess of
the appropriate rate applying from time to time as set out in Table 1 -
Salaries of Part B Monetary Rates, shall not be entitled to the benefits of the
following clauses:
1. Clause 4 -
Hours
2. Clause 5 -
Overtime
3. Clause 18 -
Allowances and Deductions
24. No Extra Claims
It is a term of this award that the Association undertakes
until 31 December 2007, not to pursue any extra claims, award or over-award,
except when consistent with the current wage fixation principles.
25. Remuneration
Packaging
(i) This clause
shall apply to those individual schools wishing to facilitate the provision of
salary and benefit packages to individual members of staff covered by this
award.
(ii) For the
purpose of this clause:
(a) "Benefits"
means the benefits nominated by the nurse from the benefits provided by the
school and listed in paragraph (c) of subclause (iv) of this clause.
(b) "Benefit
Value" means the amount specified by the school as the cost to the school
of the benefit provided including fringe benefit tax, if any.
(c) "Fringe
Benefit Tax" means tax imposed by the Fringe Benefits Tax Act 1986.
(iii) Conditions of
employment - Except as provided by this clause, nurses must be employed at a
salary based on a rate of pay, and otherwise on terms and conditions, not less
than those prescribed by this award.
(iv) Salary
packaging - the school may offer to provide and the nurse may agree in writing
to accept:
(a) the benefits
nominated by the nurse, and
(b) a salary equal
to the difference between the benefit value and the salary which would have
applied to the nurse or under subclause (iii) of this clause, in the absence of
an agreement under this clause.
(c) the available
benefits are those made available by the school from the following list:
1. superannuation;
2. other
benefits offered by the school.
(d) The school must
advise the nurse in writing of the benefit value before the agreement is
entered into.
(v) During the
currency of an agreement under subclause (iv) of this clause:
(a) Any nurse who
takes paid leave on full pay shall receive the benefits and salary referred to
in paragraphs (a) and (b) of subclause (iv) of this clause.
(b) If a nurse takes
leave without pay the nurse will not be entitled to any benefits during the
period of leave.
(c) If a nurse takes
leave on less than full pay he or she shall receive:
1. the benefits;
and
2. an amount of
salary calculated by applying the formula:
A = S x P% - [ (100% - P%) x B ]
where:
S = the salary determined by paragraph (b) of (iv) of
this clause.
P = the percentage of salary payable during the leave.
B = benefit value.
A = amount of salary.
(d) Any other
payment under this award, calculated by reference to the nurse’s salary,
however described, and payable:
1. during
employment; or
2. on termination
of employment in respect of untaken paid leave; or
3. on death,
shall be at the rate of pay which would have applied to
the nurse under subclause (iii) of this clause, in the absence of an agreement
under paragraphs (a) and (b) of subclause (iv) of this clause.
26. Superannuation
(i) Definitions
For the purpose of this clause:
(a) "Employee"
means an employee employed by the employer to whom this award applies.
(b) "Employer"
means the employer of an employee to whom this award applies.
(c) "Funds"
means either:
(1) the New South
Wales Non-Government Schools Superannuation Fund, or
(2) any other
superannuation fund approved in accordance with the commonwealth operational
standards for occupational superannuation funds which the employee is eligible
to join and which is approved by the employer as a fund into which an employee
of that employer may elect to have the employer pay contributions made pursuant
to this award in respect of that employee including any Catholic diocesan
superannuation fund existing as at the date of this award which is approved in
accordance with the standards and is approved by the employer.
(d) "Basic
earnings" shall mean the weekly or hourly rate of pay prescribed for the
employee by this award including the following:
(i) payment for
ordinary hours of work;
(ii) any percentage
addition payable to casual employees for ordinary hours of work;
(iii) any percentage
addition payable to a temporary full-time employee engaged for less than 13
weeks.
(iv) Overaward
payments for ordinary hours of work.
(ii) Fund
The New South Wales Non-Government Schools
Superannuation Fund shall be made available by each employer to each employee.
(iii) Benefits
(a) Except as
provided in paragraphs (c), (d) and (f) of this subclause, each employer shall,
in respect of each employee employed by it, pay contributions into a fund to
which the employee is eligible to belong and, if the employee is eligible to
belong to more than one fund, the fund nominated by the employee, at the rate
of three per cent of the employee’s basic earnings.
(b) Subject to
paragraph (d) of this subclause, contributions shall be paid at intervals and
in accordance with the procedures and subject to the requirements prescribed by
the relevant fund or as trustees of the fund may reasonably determine.
(c) An employer
shall not be required to make contributions pursuant to this award in respect
of an employee in respect of a period when that employee is absent from his or
her employment without pay.
(d) Contributions
shall commence to be paid from the beginning of the first pay period commencing
on or after the employee’s date of engagement.
(e) The employee
shall advise the employer in writing of the employee’s application to join a
fund pursuant to this award. Where no such nomination is made before any such
contributions become payable, the said contribution referred to in paragraph
(a) of this subclause will be paid to the approved fund for that place of
employment.
(f) An employer
shall make contributions pursuant to this award in respect of -
(1) casual employees
who earn in excess of $2000.00 during their employment with that employer in
the course of any year, running from 1 July to the following 30 June (all such
casual employees are hereinafter called "qualified employees"); and
(2) qualified
employees in each ensuing year of employment with that employer.
Such contributions shall be made in respect of all days
worked by the employee for the employer during that year and shall be paid by
the employer to the relevant fund at the time of issue to the employee of his
or her annual group certificate.
(g) Where an
employer approves a fund, other than the Non-Government Schools Superannuation
Fund, as one to which the employer will pay contributions in respect of its
employees or a class or classes of such employees the employer shall notify its
employees of such approval.
(h) When a new
employee commences in employment, the employer shall advise the employee in
writing of the of the employee’s entitlements under this award within two weeks
of the date of commencement of employment and also of the provisions of (d) of
this subclause in the case of a full-time or part time employee and paragraph
(f) of this subclause in the case of a casual employee.
(iv) Transfers
between Funds
If an employee is eligible to belong to more than one
fund, the employee shall be entitled to notify the employer that the employee
wishes the employer to pay contributions in respect of the employee to a new
fund but shall not be entitled to do so within one year after the notification
made by the employee pursuant to paragraph (e) of subclause (iii), Benefits, of
this clause or within one year after the last notification made by the employee
pursuant to his subclause. The employer shall only be obliged to make such
contributions to the new fund where the employer has been advised in writing
(i) of the
employee’s application to join the other fund; and
(ii) that the
employee has notified the trustees of the employee’s former fund that the
employee no longer wishes the contributions which are paid on the employee’s
behalf to be paid to that fund.
(v) Superannuation
Legislation
The subject of superannuation is dealt with extensively
by federal legislation including the Superannuation Guarantee (Administration)
Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints)
Act 1993, and s124 of the Industrial Relations Act 1996 (NSW). This
legislation, as varied from time to time, shall govern the superannuation
rights and obligations of the parties.
27 . 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.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust, corporation
and/or person) which is contracted by another employer to provide a specified
service or services or to produce a specific outcome or result for that other
employer which might otherwise have been carried out by that other employer’s
own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and Workers
Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
28. Area, Incidence
and Duration
(i) This award
rescinds and replaces the Nurses, Non-Government Schools (State) Award
published 11 March 2005 (349 I.G. 1) as varied.
(ii) It shall apply
to persons employed as registered nurses and senior nurses as herein defined by
all non-government schools within the State of New South Wales within the
jurisdiction of the Trained Nurses &c., Other Than In Hospitals, &c.,
(State) Conciliation Committee, excepting:
(a) persons employed
in schools in the County of Yancowinna; and
(b) persons employed
in establishments licensed under the Children (Care and Protection) Act, 1987.
(iii) It shall take
effect in respect of:
column 1 in Table 1 of Part B, Monetary Rates, from the
beginning of the first full pay period to commence on or after 1 December 2005;
column 2 of Table 1 from the beginning of the first pay
period to commence on or after 1 February 2006
column 3 of Table 1 from the beginning of the first pay
period to commence on or after 1 February 2007
and in all other respects from 15 February 2006.
(iv) Negotiations
for a new award shall commence from 31 September 2007, being 3 months before
the end of this award’s nominal term.
(v) 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 of 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 18 March 2009.
(vi) This award
remains in force until varied or rescinded, the period for which it was made
having already having expired.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Column 1
|
Column 2
|
Column 3
|
Registered Nurse:
|
First full pay
period on
|
First full pay
period on
|
First full pay
period
|
|
or after 1.12.05
|
or after 1.2.06
|
on or after 1.2.07
|
|
18% increase
|
4% increase
|
4% increase
|
|
$
|
$
|
$
|
1st year of service
|
36,074.00
|
37,517.00
|
39,017.00
|
2nd year of service
|
37,913.00
|
39,430.00
|
41,007.00
|
3rd year of service
|
39,747.00
|
41,337.00
|
42,990.00
|
4th year of service
|
41,704.00
|
43,372.00
|
45,107.00
|
5th year of service
|
43,654.00
|
45,400.00
|
47,216.00
|
6th year of service
|
45,599.00
|
47,423.00
|
49,320.00
|
7th year of service
|
47,838.00
|
49,752.00
|
51,742.00
|
8th year of service
|
49,697.00
|
51,685.00
|
53,752.00
|
Senior Nurse
|
56,445.00
|
58,703.00
|
61,051.00
|
Table 2 - Other
Rates and Allowances
Item No
|
Clause
|
Description
|
Amount
|
|
|
|
$
|
1
|
18 (i)
|
Uniform Allowance:
|
|
|
|
- Uniforms
|
6.07 per week
|
|
|
- Stockings
|
2.99 per week
|
2
|
18 (ii)
|
Uniform Allowance - Laundry
|
4.65 per week
|
3
|
18 (iii)
|
Nurse in Charge
|
21.86 per shift
|
Table 3 - Deductions
Item No
|
Clause No.
|
Description
|
Amount
|
|
|
|
$
|
1
|
19 (i)
|
Accommodation and Meals
|
98.86 per week
|
2
|
19 (ii)
|
Meals
|
6.09 per meal
|
A.
MACDONALD, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.