NURSING HOMES PROFESSIONAL
EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996, and another.
(Nos. IRC 5847 of 1999 and 3921 of 2000)
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Before Commissioner McLeay
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3 October 2000
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REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No.         Subject Matter
 1.       Arrangement
 2.       Definitions
 3.       Gradings
 4.       Hours
 5.       Roster of Hours
 6.       Meals
 7.       Permanent Part-time Employees
 8.       Casual Employees
 9.       Relieving Other Members of Staff
10.      Overtime
11.      Penalty
Rates for Shift Work, weekend Work and Special
Working Conditions
12Â Â Â Â Â Â Â Public
Holidays
13.      Annual
Leave
14.      Annual
Leave Loading
15.      Long
Service Leave
16.      Sick Leave
17.      State
Personal/Carer's Leave Case - August 1996
18Â Â Â Â Â Â Â Compassionate
Leave
19.      Payment
and Particulars of Salary
20.      Uniforms
21.      Mileage
Allowance
22.      Grievance
and Dispute Resolution Procedures
23.      Accommodation
and Amenities
24.      Labour
Flexibility
25.      Attendance
at Meetings and Fire Drills
26.      Termination
of Employment
27.      Redundancy
28.      Parental
leave
29Â Â Â Â Â Â Â Anti-Discrimination
30.      State Wage
Case Adjustments
31.      Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
2. Definitions
"Association" means the Health and research
Employees Association of New South Wales.
"Day Worker" means an employee who works his/her
ordinary hours from Monday to Friday, inclusive, and who commences work on such
days at or after 6.00 am and before 10.00 am otherwise than as part of a shift
system.
"Dietitian" means an employee appointed as such
and who has qualifications acceptable to the New South Wales Institute of
Dietitians as an Associate, or who has the qualifications deemed by the Health
Administration Corporation to be the equivalent thereof.
"Employee" means a professional member of staff
employed by a nursing home as defined herein, and coming within the following
categories:
Nurse Counsellor
Social Worker
Dietitian
Physiotherapist
Occupational Therapist
Speech Therapist
Music Therapist
Welfare Officer (Social)
"Music Therapist" means an employee appointed as
such who is engaged in music therapy activities and such other activities as
may be conveniently related to the use of therapeutic methods for the purpose
of curing or alleviating any abnormal condition of the human body.
"Nurse Counsellor" means an employee appointed as
such who possesses an appropriate degree of a recognised university or other
qualifications deemed equivalent by the Health Administration Corporation.
"Nursing Home" means an establishment defined as
such under the provisions of the Nursing Homes Act 1988, or any
legislation which may replace that Act.
"Occupational Therapist" means an employee
appointed as such who has qualifications acceptable to the New South Wales
Association of Occupational Therapists.
"Physiotherapist" means an employee appointed as
such who is registered or conditionally registered under the Physiotherapists'
Registration Act.
"Service" shall mean service in New South Wales or
elsewhere. It shall include service in the calling to which the employee is
appointed that is acceptable to the relevant Australian or New South Wales
registering body in that profession.
"Shift Worker" means an employee who is not a day
worker as defined.
"Social Worker" means an employee appointed as
such in a nursing home and who has qualifications acceptable to the Australian
Association of Social Workers.
"Speech Pathologist" means an employee appointed
as such who has qualifications acceptable to the Australian Association of
Speech and Hearing.
"Welfare Officer (Social)" means an employee
appointed to a position as such and does not hold graduate qualifications in
social work.
3. Gradings
3.1Â Â Â Â Â Â Â Dietitian -
(a)Â Â Â Â Â Â Â For the
purposes of payment of salary under Table 1 - Salaries, of Part B, Monetary
Rates, a dietitian shall be graded in accordance with the following minimum
levels based on his/her qualifications:
(i)Â Â Â Â Â Â Â Â Bachelor's
Degree (3-year course) with post-graduate diploma and no experience - 1st year
of scale.
(ii)Â Â Â Â Â Â Â Bachelor's
Degree with honours (4-year course) with post-graduate diploma and no
experience - 2nd year of scale.
(iii)Â Â Â Â Â Â Master's
Degree in nutrition and dietetics and no experience - 3rd year of scale.
(iv)Â Â Â Â Â Degree of
Doctor of Philosophy with either post-graduate diploma or Master's Degree in
nutrition and dietetics and no experience - 4th year of scale.
Provided that such higher qualification has been
obtained in subjects relevant to nutrition and dietetics practice.
(b)Â Â Â Â Â Â Â Once graded
under paragraph (a) above, an employee shall proceed up the scale based upon
the following:
(i)Â Â Â Â Â Â Â Â to the next
year of the scale for each completed year of service under this award with any
employer; and
(ii)Â Â Â Â Â Â Â one further
year of the scale for each completed year of service in nutrition/dietetics,
otherwise than as above, subject to the approval of the individual employer.
(c)Â Â Â Â Â Â Â A dietitian
may be promoted from the General Scale to Grade 1 based on the following:
(i)Â Â Â Â Â Â Â Â completion of
12 months' service on the maximum rate of the general scale; and
(ii)Â Â Â Â Â Â Â agreement
from the nursing home that the quality of the employee concerned and the skills
and responsibilities exercised by the employee in the performance of his or her
duties are such as to warrant promotion.
3.2Â Â Â Â Â Â Â Social Worker
-
(a)Â Â Â Â Â Â Â For the
purposes of payment of salary under the said Table 1, a social worker shall be
graded at 2nd year of the scale where the employee has obtained any of the
following:
(i)Â Â Â Â Â Â Â Â a degree in
social work from a recognised university requiring at least four years
full-time study; or
(ii)Â Â Â Â Â Â Â a degree in
social work and a diploma from a recognised university requiring at
least four years full-time study; or
(iii)Â Â Â Â Â Â qualifications
deemed to be equivalent by the employer.
3.3Â Â Â Â Â Â Â Therapist-in-charge
- An employee employed in a therapist classification as defined in clause 2,
Definitions, and who is designated to be in charge of at least one other
therapist employed in the same classification, shall be paid an in-charge
allowance based on the rate set out in Item 1 of Table 2 - Allowances of Part
B, Monetary Rates.
4. Hours
4.1
(a)Â Â Â Â Â Â Â The ordinary
hours of work of day workers, exclusive of meal times, shall be 152 hours per
28 calendar days to be worked Monday to Friday, inclusive, and to commence on
such days at or after 6.00 am and before 10.00 am.
(b)Â Â Â Â Â Â Â The ordinary
hours of shift workers shall be 152 hours per 28 calendar days.
(c)Â Â Â Â Â Â Â The hours of
work prescribed in paragraph (a) of this subclause shall be worked in one of
the following ways:
(i)Â Â Â Â Â Â Â Â 38 hours per
week, to be arranged in order that an employee shall not be required to work
his/her ordinary hours on more than five days in one week; or
(ii)Â Â Â Â Â Â Â 76 hours per
fortnight, to be arranged in order that an employee shall not be required to
work his/her ordinary hours on more than ten days in the fortnight; or
(iii)Â Â Â Â Â Â 152 hours per
28 calendar days, to be arranged in order that an employee shall not be
required to work his/her ordinary hours on more than 19 days in the cycle.
4.2Â Â Â Â Â Â Â Each shift
shall not consist of more than 10 ordinary hours of work per day, provided that
such shifts shall not be worked on more than 12 consecutive days.
4.3
(a)Â Â Â Â Â Â Â Except for one
meal break each day, all time from the time of commencing until the time of
finishing duty each day shall be computed as ordinary working time.
(b)Â Â Â Â Â Â Â Two separate
ten-minute intervals (in addition to meal breaks) shall be allowed each
employee on duty during each ordinary shift. Subject to agreement between the
employer and the employee, such intervals may alternatively be taken as one
twenty-minute interval, or by one 10-minute interval with the employee allowed
to proceed off duty 10 minutes before the completion of the normal shift
finishing time. Such interval(s) shall
count as working time. Employees who are engaged for less than an eight-hour
shift on any one day shall only be entitled to one tea break of 10 minutes,
provided a minimum of 4 hours work is completed.
5. Roster of Hours
5.1Â Â Â Â Â Â Â The ordinary
hours of work for each employee shall be displayed on a roster in a place
conveniently accessible to employees. Where reasonably practicable, the roster
shall be displayed at least two weeks in advance but, in any case, at least one
week prior to the commencing date of the first working period in the roster.
5.2Â Â Â Â Â Â Â Provided
that this provision shall not make it obligatory for the employer to display
any roster or ordinary hours of work of members of the casual or relieving
staff.
Provided further that a roster may be altered at any time to
enable the service of the nursing home to be carried on where another employee
is absent from duty on account of illness or in an emergency, but where such
alteration involves an employee working on a day which would have been his or
her day off, such employee may elect to be paid at overtime rates or have a day
off in lieu thereof, which shall be as mutually arranged.
6. Meals
6.1Â Â Â Â Â Â Â Time not
exceeding one hour and not less than 30 minutes shall be allowed for each meal,
provided that where employees are called upon to work for any portion of their
meal break such time shall count as ordinary working time.
6.2Â Â Â Â Â Â Â An employee
who works authorised overtime for more than two hours shall be paid, in
addition to payment for such overtime, at the appropriate rate set out in Item
2 of Table 2 - Allowances, of Part B, Monetary Rates, or shall be provided with
adequate meals in lieu of such payment.
6.3Â Â Â Â Â Â Â Where
practicable, employees shall not be required to work more than five hours
without a meal break.
7. Permanent
Part-Time Employees
7.1Â Â Â Â Â Â Â A permanent
part-time employee is one who is permanently appointed by a facility to work a
specified number of hours which are less than those prescribed for a full-time
employee. By agreement between employer
and employee, the specified number of hours may be balanced over a week and/or
a fortnightly period, provided that the average weekly hours shall be deemed to
be the specified number of hours for the purposes of accrual of annual leave. Provided further that there shall be no
interruption to the continuity of employment merely by reason of an employee
working on a "week on, week off" basis in accordance with this
subclause.
7.2Â Â Â Â Â Â Â Employees
engaged under this clause shall be paid an hourly rate calculated on the basis
of 1/38 of the appropriate rate prescribed by Table 1 - Salaries, of Part B,
Monetary Rates, with a minimum payment of two hours for each start, and 1/38 of
the appropriate allowances prescribed by clause 20, Uniforms.
7.3Â Â Â Â Â Â Â Permanent
part-time employees shall be entitled to all other benefits of this award not
otherwise expressly provided for herein in the same proportion as their
ordinary hours of work bear to 38.
8. Casual Employees
8.1Â Â Â Â Â Â Â A casual
employee is one engaged on an hourly basis otherwise than as a permanent
part-time or full-time employee.
8.2Â Â Â Â Â Â Â A casual
employee shall be paid an hourly rate calculated on the basis of 1/38 of the
appropriate rate, prescribed by Table 1 - Salaries, of Part B, Monetary Rates,
plus 10 per cent thereof, with a minimum payment of two hours for each start,
and 1/38 of the appropriate allowances prescribed by clause 20, Uniforms.
8.3Â Â Â Â Â Â Â With respect
to a casual employee the following award clauses only shall apply:Â clauses 2, Definitions; 3, Gradings; 6,
Meals (excepting subclause 6.2); 11, Penalty Rates for Shift Work, Weekend Work
and Special Working Conditions; 19, Payment and Particulars of Salary; 20,
Uniforms; 22, Grievance and Dispute Resolution Procedures; 24, Labour
Flexibility; 25, Attendance at Meetings and Fire Drills; 26, Termination of
Employment; and Part B, Monetary Rates, of this award.
8.4Â Â Â Â Â Â Â For the
entitlement to payment in respect of annual leave, see Annual Holidays Act
1944.
8.5Â Â Â Â Â Â Â A casual
employee who is required to and does work on a public holiday as defined in
subclause 12.1 of clause 12, Public Holidays, shall be paid for the time
actually worked at the rate of 150 per cent extra, such payment being in lieu
of weekend or shift allowances which would otherwise be payable had the day not
been a public holiday; provided that a casual employee shall not be entitled to
be paid in addition the allowance of ten per cent prescribed in subclause 8.2
of this clause in respect of such work.
9. Relieving Other
Members of Staff
9.1Â Â Â Â Â Â Â An employee,
required by the employer or some other authorised representative to relieve
another employee paid on a higher scale, shall be paid for the time so spent at
the rate prescribed for the employee so relieved.
9.2Â Â Â Â Â Â Â This clause
shall not apply to an employee who is relieving another employee whilst on
his/her rostered day off pursuant to clause 4, Hours.
10. Overtime
10.1Â Â Â Â Â All time
worked by employees outside the ordinary hours in accordance with clause 4,
Hours, and clause 5, Roster of Hours, shall be paid for at the rate of 50 per
cent extra up to two hours each day and thereafter at the rate of 100 per cent
extra; provided, however, that all overtime worked on Sunday shall be paid for
at the rate of 100 per cent extra and on public holidays at the rate of 150 per
cent extra.
10.2Â Â Â Â Â When overtime
work is necessary it shall, wherever reasonably practical, be so arranged that
employees have at least eight consecutive hours off duty between the work of
successive days or shifts.
10.3Â Â Â Â Â An employee
who works so much overtime:
(a)Â Â Â Â Â Â Â between the
termination of his/her ordinary work on any day or shift and the commencement
of his/her ordinary work on the next day or shift that the employee has not had
at least eight consecutive hours off duty between these times; or
(b)Â Â Â Â Â Â Â on a Saturday,
a Sunday and a holiday, not being ordinary work days, or on a rostered day off
without having had eight consecutive hours off duty in the 24 hours preceding
the employee's ordinary commencing time on his/her next ordinary day or shift,
shall, subject toÂ
this subclause, be released after completion of such overtime until
he/she has had eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
If, on the instruction of the employer, such an employee
resumes or continues to work without having such eight consecutive hours off
duty, the employee shall be paid at 100 per cent extra on the rate applicable
on such day until he/she is released from duty for such period and then shall
be entitled to be absent until he/she has had ten consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence.
For the purposes of assessing overtime each day shall stand
alone, provided, however, that where any one period of overtime is continuous
and extends beyond midnight, all overtime hours in this period shall be
regarded as if they had occurred within the one day.
10.4Â Â Â Â Â All time
worked by employees employed pursuant to clause 7, Permanent Part-time
Employees, in excess of the rostered daily ordinary hours of work prescribed
for the majority of full-time employees employed on that shift in the ward or
section concerned, shall be paid for at the rate of 50 per cent extra for the
first two hours and 100 per cent extra thereafter, except that on Sundays such
overtime shall be paid for at the rate of 100 per cent extra and on public
holidays at the rate of 150 per cent extra.
Provided that, time worked up to the rostered daily ordinary
hours of work prescribed for a majority of the full-time employees employed on
that shift in the ward or section concerned shall not be regarded as overtime
but an extension of the contract hours for that day and shall be paid at the
ordinary rate of pay.
11. Penalty Rates for
Shift Work, Weekend Work and Special Working Conditions
11.1Â Â Â Â Â Shift workers
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift, provided that employees working
less than 38 hours per week shall only be entitled to the additional rates
where their shifts commence prior to 6.00 am or finish subsequent to 6.00 pm:
Afternoon shift commencing at 10.00 am and before 1.00
pm - 10 per cent.
Afternoon shift commencing at 1.00 pm and before 4.00
pm - 12.5 per cent.
Night shift commencing at 4.00 pm and before 4.00 am -
15 per cent.
Night shift commencing at 4.00 am and before 6.00 am -
10 per cent.
11.2Â Â Â Â Â For the
purposes of this clause day, afternoon and night shifts shall be defined as
follows:
"Day Shift" means a shift which commences at
or after 6.00 am and before 10.00 am.
"Afternoon Shift" means a shift which
commences at or after 10.00 am and before 4.00 pm.
"Night Shift" means a shift which commences
at or after 4.00 pm and before 6.00 am on the day following.
11.3Â Â Â Â Â Employees,
whose ordinary working hours include work on a Saturday and/or Sunday, shall be
paid for ordinary working hours worked between midnight on Friday and midnight
on Saturday at the rate of 50 per cent extra and for ordinary hours worked
between midnight on Saturday and midnight on Sunday at the rate of 75 per cent
extra.
These extra rates shall be in substitution for and not
cumulative upon the shift premiums prescribed in subclause 11.1 and the casual
allowance prescribed in subclause 8.2 of clause 8, Casual Employees.
11.4Â Â Â Â Â An employee
sent for duty to a place other than his/her regular place of duty shall be paid
for all excess travelling time at the appropriate rate of pay and reimbursed
excess travelling expenses.
12. Public Holidays
12.1Â Â Â Â Â For the
purpose of this award the following shall be deemed to be public holidays,
viz.: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and
any other day or part thereof proclaimed and observed as a public holiday
within the area in which the facility is situated.
12.2Â Â Â Â Â In addition
to the public holidays prescribed in subclause 12.1 of this clause, employees
are entitled to an extra public holiday each year. Such holiday will occur:
(a)Â Â Â Â Â Â Â on the August
Bank Holiday; or
(b)Â Â Â Â Â Â Â as an
additional public holiday between Christmas and New Year. Provided that such
day is placed between Monday and Friday (inclusive) on a day which is not
already gazetted as a public holiday.
12.3Â Â Â Â Â Public
holidays shall be allowed to employees without loss of pay. When an employee is
required to and does work on any of the holidays set out in subclause 12.1,
whether on a full shift or not, then in lieu of all other shift or penalty
rates, the employee shall elect to:
(a)Â Â Â Â Â Â Â be paid 150
per cent extra per hour in addition to the weekly rate; or
(b)Â Â Â Â Â Â Â be paid 50 per
cent extra per hour in addition to the weekly rate and have the equivalent
amount of time added to the period of annual leave.
Provided, however, that an employee, once having elected the
method by which he/she is to be remunerated for work performed on public
holidays, shall not have the right to alter such election during the currency
of this award, except where the employee requests the employer to change the
method of payment and the employer so agrees.
13. Annual Leave
13.1Â Â Â Â Â Annual leave
at the ordinary weekly rate of pay shall be granted upon completion of 12
months' service in a nursing home as follows:
(a)Â Â Â Â Â Â Â Employees who
work their ordinary hours of work on days other than Saturday and Sunday - 152
ordinary hours.
(b)Â Â Â Â Â Â Â Employees
required to work on seven-day rosters which include work on Saturdays and/or
Sundays - 228 ordinary hours.
13.2
(a)Â Â Â Â Â Â Â To the leave
prescribed by paragraph (a) of subclause 13.1 of this clause there shall be
added one working day for each public holiday or one half working day for each
half public holiday which occurs during a period of annual leave.
(b)Â Â Â Â Â Â Â To the leave
prescribed by paragraph (b) of subclause 13.1 of this clause there shall be
added one working day or one half working day for each special public holiday
or half public holiday (not being one of the ten recognised public holidays or
a special day proclaimed in lieu of any of them), which may occur during the
qualifying period for annual leave or during the period of annual leave.
(c)
(i)Â Â Â Â Â Â Â Â An employee,
to whom paragraph (a) of subclause 13.1 of this clause applies, who is required
to and does work on a public holiday shall have added to the leave prescribed
by this clause one working day in respect of each such public holiday which is
a full day or one half day in respect of each half holiday and shall be paid
for work on such day or half day at the rate of time and a half.
(ii)Â Â Â Â Â Â Â In lieu of
adding to leave in accordance with subparagraph (i) of this paragraph, an
employee may be paid for the time actually worked on such public holiday at the
rate of double time and one-half. Where payment is made in lieu of leave in
respect of time worked on a public holiday, payment shall be made for a minimum
of four hours.
(iii)Â Â Â Â Â Â Payments made
under subparagraphs (i) or (ii) of this paragraph shall be in lieu of any
additional rate for shift work or weekend work which would otherwise be payable
had the day not been a public holiday.
(d)Â Â Â Â Â Â Â An employee
to whom paragraph (b) of subclause 13.1 of this clause applies and who is
required to and does work on a public holiday, shall be paid, in addition to
the appropriate ordinary weekly rate of pay prescribed in Table 1 - Salaries,
of Part B, Monetary Rates, at the rate of one-half time extra for the time
actually worked on such holiday.
(e)Â Â Â Â Â Â Â For the
purposes of paragraphs (c) and (d) of this subclause, the hourly rate of pay
for payment shall be computed on the basis of 1/38 of the appropriate ordinary
weekly rate of pay prescribed in the said Table 1.
(f)Â Â Â Â Â Â Â Â For the
purposes of this subclause, the following shall be public holidays, viz.: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Bank Holiday (or additional holiday enjoyed by other
employees in the establishment), Eight-hour Day, Christmas Day, Boxing Day and
any other day duly proclaimed and observed as a public holiday within the area
in which the nursing home is situated.
13.3
(a)Â Â Â Â Â Â Â Annual leave
shall be given and shall be taken within a period of six months after the date
when the right to annual leave accrued; provided that, the giving and taking of
such leave may be postponed, by mutual agreement between the parties, for a
further period not exceeding six months.
(b)Â Â Â Â Â Â Â Nothing in
this subclause shall prevent an employer, by agreement with the employee, from
allowing annual leave to the employee before the right thereto has accrued but,
where leave is taken in such a case, a further period of annual leave shall not
commence to accrue until the expiration of the twelve months in respect of
which annual leave was taken before it accrued.
(c)Â Â Â Â Â Â Â The employer
shall give each employee, where practicable, three months' notice of the date
upon which he or she shall enter upon leave and, in any event, such notice
shall be not less than 28 days.
13.4Â Â Â Â Â Each employee
before going on leave shall be paid for the period of the leave at the ordinary
weekly rate of pay to which he or she is entitled under the said Table 1.
13.5Â Â Â Â Â Except as
provided in subclause 13.6, payment shall not be made or accepted in lieu of
annual leave.
13.6Â Â Â Â Â If the
employment of an employee is terminated before the period of 12 months' service
has been reached, the employer shall:
(a)Â Â Â Â Â Â Â in the case of
an employee who is entitled to 152 ordinary hours of annual leave, pay him/her
1/12 of the ordinary weekly rate of pay earned by him/her during the period of
his/her employment;
(b)Â Â Â Â Â Â Â in the case of
an employee who is entitled to 228 ordinary hours of annual leave, pay him/her
6/52 of the ordinary weekly rate of pay earned during the first year of his/her
employment and 6/46 of the ordinary weekly rate of pay in any subsequent year
of his/her employment.
13.7Â Â Â Â Â The employee
shall be eligible for annual leave when 12 months have elapsed since the date
on which the last annual leave would have begun if taken immediately it had
become due or, if the employee has not previously had annual leave, since the
commencement of employment.
13.8Â Â Â Â Â The employer
and employee may agree that the leave of absence to which an employee may be
entitled under this clause shall be taken in not more than two periods, but
neither of such periods shall be of less than one week.
13.9Â Â Â Â Â In addition
to the leave prescribed by paragraph (b) of subclause 13.1, employees who are
rostered to work their ordinary hours on Sundays and/or holidays shall be
entitled to receive additional payment on the following bases:
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Number of ordinary shifts worked
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on Sundays and/or holidays during
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Additional payment
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a qualifying period of employment for
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annual leave purposes
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 4 to 10
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0.2 weeks
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11 to 17
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0.4 weeks
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18 to 24
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0.6 weeks
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25 to 31
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0.8 weeks
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32 or more
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1.0 week
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The additional payment shall be made at the time the
employee proceeds on annual leave, provided that, where the employment of an
employee is terminated, the employee shall be entitled to be paid the
additional payment that may have accrued under this paragraph in addition to
the proportionate payment prescribed by subclause 13.6.
14. Annual Leave
Loading
14.1Â Â Â Â Â Employees
who, under the Annual Holidays Act 1944 or this award, become entitled
to annual leave under clause 13, Annual Leave, shall be paid an annual leave
loading of 17.5 per cent of the appropriate ordinary weekly rate of pay
prescribed by this award for the classification in which the employee was
employed immediately before commencing his/her annual holiday.
14.2Â Â Â Â Â Such loading
is payable in addition to the pay for the period of holiday given and taken and
due to the employee under the said Act.
14.3Â Â Â Â Â Before an
employee is given and takes an 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 separate period the employer shall pay
the employee the loading in accordance with subclause 14.1.
14.4Â Â Â Â Â No loading is
payable where the annual holiday is taken wholly or partly in advance, provided
that, if the employment of such an employee continues until the day upon which
the employee would have become entitled under the Act to such annual holiday,
the loading then becomes payable in respect of the period of such holiday and
is to be calculated in accordance with the award rate of wages applicable on
such day.
14.5Â Â Â Â Â Where the
employment of an employee is terminated by the 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 the employee is entitled,
that employee shall be paid the loading provided for in subclause 14.1 of this
clause for the period not taken.
14.6Â Â Â Â Â Where an
employee, who is a shift worker as defined in clause 2, Definitions, is given
and takes an annual holiday, the employee shall be paid the loading set out in
subclause 14.1 of this clause, provided that, if the amount to which the
employee would have been entitled by way of shift work allowances and weekend
penalty rates for the ordinary time (not including time on a public holiday or
special holiday), which the employee would have worked during the period of the
holiday exceeds the loading calculated in accordance with this clause, then
that amount shall be paid to the employee in lieu of the loading.
15. Long Service
Leave
15.1Â Â Â Â Â Every
employee after ten years' continuous service with the same employer shall be
entitled to two months' long service leave on full pay; after fifteen years'
continuous service to an additional one month's long service leave on full pay;
and for each five years' continuous service thereafter to an additional one and
one-half month's long service leave on full pay. Such leave shall be taken at a
time to be mutually arranged between the employer and the employee.
15.2Â Â Â Â Â Where the
service of an employee with at least five years' service is terminated, the
employee shall be entitled for five years' service to one month's long service
leave on full pay and for service after five years to a proportionate amount of
such leave on full pay calculated on the basis of two months' long service
leave for ten years' service.
15.3Â Â Â Â Â Where an
employee has acquired a right to extended leave with pay under subclause 15.1
then, and in every such case:
(a)Â Â Â Â Â Â Â If before such
leave has been entered upon, the employment of such employee has been
terminated, such employee shall be entitled to receive the monetary value of
the leave to which such employee has been entitled, computed at the rate of
salary which such employee was receiving immediately prior to the termination
of employment.
(b)Â Â Â Â Â Â Â If such
employee dies before entering upon such extended leave or, if after having
entered upon same, dies before its termination, the spouse of the deceased
employee, the children or their guardians or other dependant relative or their
legal representative shall be entitled to receive the monetary value of the
leave not taken or not completed, as the case may be, and computed at the rate
of salary the employee was receiving at the time of his/her death.
15.4Â Â Â Â Â For the purpose
of this clause:
(a)Â Â Â Â Â Â Â Continuous
service in the same nursing home prior to the coming into force of this award
shall be taken into account.
(b)Â Â Â Â Â Â Â One month
equals four and one-third weeks.
(c)Â Â Â Â Â Â Â Continuous
service shall be deemed not to have been broken by:
(i)Â Â Â Â Â Â Â Â any period of
absence on leave without pay not
exceeding six months;
(ii)Â Â Â Â Â Â Â absence of
any employee from the nursing home whilst a member of the Defence Forces of the
Commonwealth in time of war.
15.5Â Â Â Â Â Where any
employee has been granted a period of long service leave prior to the coming
into force of this award, the amount of such leave shall be debited against the
amount of leave due under this award.
15.6Â Â Â Â Â Any period(s)
of part-time service with the same nursing home shall count towards long
service leave on the basis of the proportion that the actual number of hours
each week worked bears to forty hours and the period so calculated shall be
paid for at the full weekly salary prescribed by Table 1 - Salaries, of Part B,
Monetary Rates.
16. Sick Leave
16.1Â Â Â Â Â Full-time
Employees:Â A full-time employee shall
be entitled to sick leave on full pay, calculated by allowing 76 rostered
ordinary hours of work for each year of continuous service, and any unused
leave shall remain to the employee's credit.
16.2Â Â Â Â Â All periods
of sickness shall be certified by a legally qualified medical practitioner,
provided, however, that the employer may dispense with the requirement of a
medical certificate where the absence does not exceed two consecutive days or
where, in the employer's opinion, the circumstances are such as not to warrant
such requirement.
16.3Â Â Â Â Â The employer
shall not change the rostered hours of work of an employee fixed by the roster
or rosters applicable to the seven days immediately following the commencement
of sick leave merely by reason of the fact that the employee is on sick leave.
16.4Â Â Â Â Â An employee
shall not be entitled to sick leave until after three months' continuous
service.
16.5Â Â Â Â Â Employees who
are employed by a nursing home at the date of commencement of this award shall
retain to their credit, until exhausted, any accumulation of sick leave to
their credit immediately prior to such date; provided that such credit is not
less than the entitlement otherwise prescribed by this clause.
16.6Â Â Â Â Â Each employee
shall take all reasonably practicable steps to inform the employer of his or
her inability to attend for duty prior to the commencement of a shift and, as
far as possible, state the estimated duration of the absence. In any event,
such notice shall be given within 24 hours of the commencement of such absence.
16.7Â Â Â Â Â 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 where an employee is in receipt of compensation (i.e., after the first 26
weeks), an employer 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. The employee's sick leave entitlements under this
clause shall, for each week during which such difference is paid, be reduced by
the proportion of hours which the difference bears to full pay. On the
expiration of available sick leave, weekly compensation payments only shall be
payable.
16.8Â Â Â Â Â Permanent
Part-time Employees: A permanent part-time employee shall be entitled to sick
leave in the same proportion of 76 hours as the average weekly hours worked
over the preceding 12 months or from the time of commencement of employment,
whichever is the lesser, bears to 38 ordinary hours of one week. Such
entitlements shall be subject to all the above conditions applying to full-time
employees.
17. State
Personal/Carer's Leave Case - August 1996
17.1Â Â Â Â Â Use of Sick
Leave -
(a)Â Â Â Â Â Â Â An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (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 in clause 16, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part of
a single day.
(b)Â Â Â Â Â Â Â The employee
shall, if required, 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.Â
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c)Â Â Â Â Â Â Â The
entitlement to use sick leave in accordance with this subclause is subject to:
(i)Â Â Â Â Â Â Â Â the employee
being responsible for the care of the person concerned; and
(ii)Â Â Â Â Â Â Â the person
concerned being:
(a)Â Â Â Â Â Â Â a spouse of
the employee; or
(b)Â Â Â Â Â Â Â a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives withÂ
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
(c)Â Â Â Â Â Â Â 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 legalÂ
guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(d)Â Â Â Â Â Â Â a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e)Â Â Â Â Â Â Â a relative of the
employee who is a member of the same household, where for the purposes of this
subparagraph:
(1)Â Â Â Â Â Â Â "relative"
means a person related by blood, marriage or affinity;
(2)Â Â Â Â Â Â Â "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3)Â Â Â Â Â Â Â "household"
means a family group living in the same domestic dwelling.
(d)Â Â Â Â Â Â Â An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
17.2Â Â Â Â Â Unpaid Leave
for Family Purpose -
(a)Â Â Â Â Â Â Â An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause 17.1 who is ill.
17.3Â Â Â Â Â Annual Leave
-
(a)Â Â Â Â Â Â Â An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b)Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â 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.
17.4Â Â Â Â Â Time Off in
Lieu of Payment for Overtime -
(a)Â Â Â Â Â Â Â An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b)Â Â Â Â Â Â Overtime taken as time off during ordinary
time hours shall be taken at the ordinary time rate, that is an hour for each
hour worked.
(c)Â Â Â Â Â Â Â If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d)Â Â Â Â Â Â Â Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
17.5Â Â Â Â Â Make-up Time -
(a)Â Â Â Â Â Â Â An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b)Â Â Â Â Â Â Â 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.
17.6Â Â Â Â Â Rostered Days
Off -
(a)Â Â Â Â Â Â Â An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b)Â Â Â Â Â Â Â An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c)Â Â Â Â Â Â Â An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d)Â Â Â Â Â Â Â This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
18. Compassionate
Leave
18.1Â Â Â Â Â In general,
compassionate leave with pay should be granted only in extraordinary or
emergent circumstances where an employee of a nursing home is forced to absent
himself/herself from duty because of urgent pressing necessity, and such leave
as is granted should be limited to the time necessary to cover the immediate
emergency.
18.2Â Â Â Â Â In general,
compassionate leave with pay should be limited to one day, provided that where
the employee is involved in funeral arrangements, travelling, etc., leave may
be allowed for up to three days. Leave with pay would not ordinarily be granted
for the death or attendance at the funeral of a relative other than members of
the immediate family, unless special circumstances exist, e.g., the employee
resided with the deceased.
18.3Â Â Â Â Â Where an
illness in the family requires the employee to be absent from work,
compassionate leave should be limited to one day which, as a general rule,
would provide sufficient time to meet the immediate emergency and allow the
employee to make any other arrangements considered necessary. It would be
expected that no one but the employee would be available to care for the sick
member of the family.
19. Payment and
Particulars of Salary
19.1Â Â Â Â Â Wages shall
be paid weekly or fortnightly, provided that, for the purposes of adjustment of
wages related to alterations in the basic wage, from time to time effective,
the pay period shall be deemed to be weekly. On each pay day the pay shall be
made up to a day not more than three days prior to the day of payment. Provided
that, the payment of shift and weekend penalties relating to work performed in
the second week of a fortnightly roster period may be deferred to the pay day
next following the completion of the working cycle within which such shifts
were worked, but for no longer.
19.2Â Â Â Â Â Notwithstanding
the provisions of subclause 19.1, an employee who has been given one week's
notice of termination of employment, in accordance with clause 26, Termination
of Employment, shall be paid all monies due to him/her prior to ceasing duty on
the last day of employment. Where an employee is dismissed or his/her services
are terminated without due notice, in accordance with the said clause 26, any
monies due to the employee shall be paid as soon as possible after such
dismissal or termination but, in any case, not more than three days thereafter.
19.3Â Â Â Â Â On each pay
day an employee, in respect of the payment then due, shall be furnished with a
statement in writing, containing the following particulars, namely, name, the
amount of ordinary salary, the total number of hours of overtime worked, if
any, the amount of any overtime payment, the amount of any other monies paid,
and the purpose for which they are paid, and the amount of the deductions made
from total earnings and the nature thereof.
19.4Â Â Â Â Â Existing
employees at the date of the making of this award shall have their salaries
paid into an account with a bank or financial institution of their choice in
the State of New South Wales. Provided,
however, that employees employed on or after the date of the making of this
award shall have their salary paid into one account with a bank or financial
institution in New South Wales nominated by the employer. In either case,
salaries shall be deposited by facilities in sufficient time to ensure that
wages are available for withdrawal by employees by no later than pay day.
19.5Â Â Â Â Â Where an
employer has overpaid an employee, upon mutual agreement in respect of the
amount of the overpayment and the method of payment, the monies overpaid may be
recovered by the employer.
20. Uniforms
20.1Â Â Â Â Â Subject to
subclause 20.3, sufficient, suitable and serviceable uniforms shall be
supplied, free of cost, to each employee required to wear them, provided that
any 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, shall not be entitled to have such article replaced
without payment therefor at a reasonable price in the absence of a satisfactory
reason for the loss of such article or failure to produce such uniform or part
thereof.
20.2Â Â Â Â Â An employee
on leaving the services of the nursing home shall return any uniform or part
thereof supplied by the nursing home which is still in use by that employee
immediately prior to leaving.
20.3Â Â Â Â Â In lieu of
supplying a uniform to an employee, the employer shall pay to such employee an
allowance as set out in Item 3 of Table 2 -Allowances, of Part B, Monetary
Rates, provided, however, that if a uniform includes cardigan, stockings or
special type of shoes, these shall be supplied by the employer.
20.4Â Â Â Â Â If the
uniform of an employee is not laundered at the expense of the employer, an
allowance as set out in said Item 3 shall be paid to such employee.
20.5Â Â Â Â Â The employee
shall keep such uniform in a reasonable and presentable condition.
21. Mileage Allowance
21.1Â Â Â Â Â Employees
required by the employer to use their own vehicle to carry out their work shall
be paid the mileage allowances as set out in Item 4 of Table 2 - Allowances, of
Part B, Monetary Rates.
22. Grievance and
Dispute Resolution Procedures
22.1Â Â Â Â Â The following
procedure shall be followed in relation to grievances of individual employees:
(a)Â Â Â Â Â Â Â The employee
is required to notify in writing the employer as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
(b)Â Â Â Â Â Â Â 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.
(c)Â Â Â Â Â Â Â Reasonable
time limits must be allowed for discussion at each level of authority.
(d)Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â While
procedure is being followed, normal work must continue.
22.2Â Â Â Â Â The following
procedure shall be followed in relation to disputes, etc., between employers
and their employees:
(a)Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Reasonable
time limits must be allowed for discussion at each level of authority.
(c)Â Â Â Â Â Â Â While a
procedure is being followed, normal work must continue.
22.3Â Â Â Â Â For the
procedure set out in subclauses 22.1 and 22.2, the employer may be represented
by an industrial organisation of employers and the employees may be represented
by an industrial organisation of employees or the association representative.
22.4Â Â Â Â Â For the
purposes of this clause, association representative shall mean an employee
appointed as association representative who shall, upon notification to the
employer in writing thereof, and within 14 days of such appointment, be
recognised as the accredited representative of the Health and Research
Employees Association of New South Wales.
22.5Â Â Â Â Â 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.
23. Accommodation and
Amenities
23.1Â Â Â Â Â Suitable
lavatory conveniences shall be provided for all employees and, when and where
practicable, dining room accommodation, dressing room and lockers shall also be
provided.
24. Labour Flexibility
24.1Â Â Â Â Â 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.
24.2Â Â Â Â Â An employer
may direct an employee to carry out duties and use such 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 equipment. Any such direction
issued by the employer 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.
25. Attendance at
Meetings and Fire Drills
25.1Â Â Â Â Â An employee
required to attend Occupational Health and Safety Committee and/or Board of
Management meetings as an employee representative shall, if such meetings are
held outside the ordinary hours of work, be entitled to receive payment at the
ordinary rate for the actual time spent in attendance at such meetings. In lieu
of receiving payment, employees may, with the agreement of the employer, be
permitted to be free from duty for a period of time equivalent to the period
spent in attendance at such meetings. Such time spent in attendance shall not
be viewed as overtime for the purposes of this award.
25.2Â Â Â Â Â An employee
in attendance at compulsory fire safety practices (e.g., fire drills and
evacuation procedures) in accordance with the requirements of the Nursing Homes
Act 1988 and the regulations thereunder, shall be paid for time spent in
attendance at the ordinary rate. Such time spent in attendance shall not be
viewed as overtime for the purposes of this award.
26. Termination of
Employment
26.1Â Â Â Â Â One week's
notice of termination of employment shall be given by the nursing home or the
employee, respectively, but when the conduct of an employee justifies an
instant dismissal, such notice of termination of employment shall not apply;
provided that, should an employee fail to give the prescribed notice, such
employee shall be liable to the forfeiture of one week's wages. Where the
services of an employee are terminated without due notice, the employee shall be  paid one week's salary in lieu thereof.
27. Redundancy
27.1Â Â Â Â Â An employee who
is made redundant arising from:
(a)Â Â Â Â Â Â Â economic
recession; or
(b)Â Â Â Â Â Â Â company
merger, takeover or reconstruction; or
(c)Â Â Â Â Â Â Â technological
change (for example, in the nursing home industry these may include, in
appropriate circumstances, closure of a facility, amalgamation of one or more
facilities, rationalisation of services or sale of business);
shall receive payment in accordance with the following scale
in addition to all other payments due to that employee:
|
Service
|
Under 45 years
|
45 years and over
|
|
|
|
|
|
Less than 1 year.
|
Nil
|
Nil
|
|
More than 1 year but less than 2 years
|
4 weeks' pay
|
5 weeks' pay
|
|
More than 2 years but less than 3 years
|
6 weeks' pay
|
7.5 weeks' pay
|
|
More than 3 years but less than 4 years
|
7 weeks' pay
|
8.75 weeks' pay
|
|
Over 4 years
|
8 weeks' pay
|
10 weeks' pay
|
27.2Â Â Â Â Â The
provisions of subclause 27.1 shall not apply to an employee who is offered
reasonably suitable alternative employment, having regard to:
(a)Â Â Â Â Â Â Â the employee's
age, education, skills and work experience;
(b)Â Â Â Â Â Â Â the employee's
place of residence;
(c)Â Â Â Â Â Â Â the needs of
the employer and the nature of the employer's operations; and
(d)Â Â Â Â Â Â Â any other
relevant circumstances.
27.3Â Â Â Â Â The
provisions of this clause shall not apply to facilities which employ less than
15 permanent employees at the time the redundancy takes effect.
27.4Â Â Â Â Â This clause
shall not apply to employees with less than 12 months' permanent service.
27.5Â Â Â Â Â During the
notice period of redundancy the employer may allow the employee up to one half
day per week to attend employment interviews. Proof of attendance at such
interviews may be requested by the employer.
27.6Â Â Â Â Â An employer
in a particular case may make application under the Industrial Relations Act
1991 to have the provisions of subclause 27.1 varied on the basis of the
employer's incapacity to pay.
27.7Â Â Â Â Â In
calculating any redundancy payment or payment in lieu of notice, ordinary-time
payment shall be used.
28. Parental Leave
28.1Â Â Â Â Â Maternity Leave
-
(i)Â Â Â Â Â Â Â Â Eligibility -
To be eligible for maternity leave an employee must have completed at least 40
weeks' continuous service prior to the expected date of birth or be a permanent
part-time employee as specified.
An employee who has once met the conditions for
maternity leave will not be required to work again the 40 weeks' continuous
service in order to quality for a further period of maternity leave, unless:
(a)Â Â Â Â Â Â Â there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after her services have been other
wise dispensed with; or
(b)Â Â Â Â Â Â Â the employee
has completed a period of leave without pay of more than 40 weeks. In this
context, leave without pay does not include sick leave without pay, maternity
leave without pay, adoption leave without pay, or leave without pay associated
with an illness or injury compensible under the Workers' Compensation Act
1987.
(ii)Â Â Â Â Â Â Â Entitlement -
An employee is entitled to a period of unpaid maternity leave of not more than
12 months after the actual date of birth.
(iii)Â Â Â Â Â Â Applications
- An employee who intends to proceed on maternity leave should formally notify
her employer of such intention as early as possible, so that arrangements
associated with her absence can be made. Written notice of not less than eight
weeks prior to the commencement of the leave should accordingly be given. This
notice must include a medical certificate stating the expected date of birth
and should also indicate the period of leave desired.
(iv)Â Â Â Â Â Â Variation
after Commencement of Leave - After commencing maternity leave an employee is
entitled to vary the period of her maternity leave, once without the consent of
her employer and otherwise with the consent of her employer. A minimum of 4
weeks' notice must be given, although an employer may accept less notice if
convenient. The conditions relating to variation of maternity leave are derived
from Section 65 of the Industrial Relations Act, 1996.
(v)Â Â Â Â Â Â Â Staffing
Provisions - In accordance with obligations established by section 69 of the Industrial
Relations Act 1996, any person who occupies the position of an employee on
maternity leave must be informed that the employee has the right to return to
her former position. Additionally, since
an employee has the right to vary the period of her maternity leave, offers of
temporary employment shall be in writing, stating clearly the temporary nature
of the contract of employment.
The duration of employment shall also be set down
clearly: to a fixed date or until the employee elects to return to duty,
whichever occurs first.
(vi)Â Â Â Â Â Â Effect of
Maternity Leave on Accrual of Leave, Increments, etc. - Except in the case of
employees who have completed ten years' service, the period of maternity leave
without pay does not count as service for long service leave purposes. Where
the employee has completed ten years service the period of maternity leave
without pay shall count as service provided such leave does not exceed six
months. Maternity leave without pay does not count as service for incremental
purposes.
(vii)Â Â Â Â Â Illness
Associated With Pregnancy - If, because of an illness associated with her
pregnancy, an employee is unable to continue to work then she can elect to use
any available paid leave (sick, annual and/or long service leave) or to take
sick leave without pay.
(viii)Â Â Â Â Transfer to a
More Suitable Position - Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to perform satisfactorily. A position to which an
employee is transferred under these circumstances must be as close as possible
in status and salary to her substantive position.
(ix)Â Â Â Â Â Â Miscarriages -
In the event of a miscarriage any absence from work is to be covered by the
sick leave provisions.
(x)Â Â Â Â Â Â Â Stillbirth -
In the case of a stillbirth (as classified by the Registry of Births, Deaths
and Marriages) an employee may elect to take sick leave subject to production
of a medical certificate, or maternity leave. She may resume duty at any time
provided she produces a doctor's certificate as to her fitness.
(xi)Â Â Â Â Â Â Effect of
Premature Birth on Payment of Maternity Leave - An employee who gives birth
prematurely, and prior to proceeding on maternity leave, shall be treated as
being on maternity leave from the date leave is commenced to have the child.
(xii)Â Â Â Â Â Right to
return to Previous Position - An employee returning from maternity leave has
the right to resume her former position. Where this position no longer exists
the employee is entitled to be placed in a position nearest in status and
salary to that of her former position and for which the employee is capable or
qualified.
(xiii)Â Â Â Â Return for
Less Than Full-Hours - Employees on application to their employer shall be
entitled to return to duty for less than the full-time hours they previously
worked by taking weekly leave without pay. such return to work is to be
according to the following principles:
The period is to be limited to 12 months, after which
full-time duties must be resumed;
The employee is to make an application for leave
without pay to reduce her full-time hours of work. This application should be
made as early as possible to enable the employer to make suitable staffing
arrangements. At least four weeks' notice must be given;
Salary and other conditions of employment are to be
adjusted on a basis proportionate to the employee's full-time hours of work;
i.e. for long service leave the period of service is to be converted to the
full-time equivalent, and credited accordingly.
It should be noted that employees who return from
maternity leave under this arrangement remain full-time employees.
(xiv)Â Â Â Â Further
Pregnancy while on Maternity Leave - Where an employee becomes pregnant whilst
on maternity leave, a further period of maternity leave may be granted. Should
this second period of maternity leave commence during the currency of the
existing period of maternity leave, then any residual maternity leave from the
existing entitlement lapses.
28.2Â Â Â Â Â Adoption
Leave -
(i)Â Â Â Â Â Â Â Â Eligibility -
To be eligible for adoption leave an employee must have completed at least 40
weeks' prior to the date of taking custody of the child.
An employee who has once met the conditions of adoption
leave will not be required again to work the 40 weeks' continuous service in
order to qualify for further periods of adoption leave, unless:
(a)Â Â Â Â Â Â Â there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation or medical retirement, or after their services have been
otherwise dispensed with; or
(b)Â Â Â Â Â Â Â the employee
has completed a period of leave without pay of more than 40 weeks. In this context,
leave without pay does not include sick leave without pay, maternity leave
without pay, paternity leave without pay, or leave without pay associated with
an illness or injury compensible under the Workers' Compensation Act 1987.
(ii)Â Â Â Â Â Â Â Entitlement -
Eligible employees are entitled to unpaid adoption leave as follows:
Where the child is under the age of 12 months - a
period of not more than 12 months from the date of taking custody;
Where the child is over the age of 12 months - a period
of up to 12 months, such period to be agreed upon by both the employee and the
employer.
(iii)Â Â Â Â Â Â Applications
- Due to the fact that an employee may be given little notice of the date of
taking custody of a child, employees who believe that in the reasonably near
future they will take custody of a child, should formally notify the employer
as early as practicable of the intention to take adoption leave. This will
allow arrangements associated with the adoption leave to be made.
(iv)Â Â Â Â Â Â Variation
after Commencement of Leave - After commencing adoption leave an employee has
the right to vary the period of leave; once without consent of the employer and
other wise with the consent of the employer. A minimum of four weeks' notice
must be given, although an employer may accept less notice if convenient.
(v)Â Â Â Â Â Â Â Staffing
Provisions - As per maternity leave conditions.
(vi)Â Â Â Â Â Â Effect of
Adoption Leave on Accrual of Leave, Increments, etc - As per maternity leave
conditions.
(vii)Â Â Â Â Â Return for
Less than Full-time Hours - As per maternity leave conditions.
(viii)Â Â Â Â Liability
for Superannuation Contributions - During a period of unpaid maternity leave or
unpaid adoption leave, the employee will not be required to meet the employer's
superannuation liability.
(ix)Â Â Â Â Â Â Permanent
part-time employees as defined in subclause 7.1 of clause 7, Permanent
Part-time Employment are covered by this clause.
28.3Â Â Â Â Â Paternity
Leave -
(i)Â Â Â Â Â Â Â Â Eligibility -
To be eligible for paternity leave an employee must have completed at least 40
weeks' continuous service (or 40 weeks continuous service for permanent
part-time employees as specified) prior to the birth of the child.
An employee who has once met the conditions of
paternity leave will not be required again to work the 40 weeks' continuous
service in order to qualify for further periods of adoption leave, unless:
(a)Â Â Â Â Â Â Â there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation or medical retirement, or after their services have been
otherwise dispensed with; or
(b)Â Â Â Â Â Â the employee
has completed a period of leave without pay of more than 40 weeks. In this
context, leave without pay does not include sick leave without pay, maternity
leave without pay, Adoption Leave without pay, or leave without pay associated
with an illness or injury compensible under the Workers' Compensation Act 1987.
(ii)Â Â Â Â Â Â Â Entitlement -
Eligible employees are entitled to unpaid paternity leave as follows:
A period of up to 12 months, such period to be agreed
upon by both the employee and the employer.
(iii)Â Â Â Â Â Â Applications
- Employees should formally notify the employer as early as practicable of the
intention to take paternity leave.
(iv)Â Â Â Â Â Â Variation
after Commencement of Leave - After commencing paternity leave an employee is
entitled to vary the period of leave; once without consent of the employer and
otherwise with the consent of the employer. A minimum of four weeks' notice
must be given, although an employer may accept less notice if convenient.
(v)Â Â Â Â Â Â Â Staffing
Provisions - As per maternity leave conditions.
(vi)Â Â Â Â Â Â Effect of
Paternity Leave on Accrual of Leave, Increments, etc - As per maternity leave
conditions.
(vii)Â Â Â Â Â Return for
Less than Full-time Hours - As per maternity leave conditions.
(viii)Â Â Â Â Liability for
Superannuation Contributions - During a period of unpaid maternity leave,
unpaid adoption leave or paternity leave, the employee will not be required to
meet the employer's superannuation liability.
(ix)Â Â Â Â Â Â Permanent
part-time employees as defined in clause 7 of this award are covered by this clause.
29. Anti-Discrimination
29.1Â Â Â Â Â 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 and age.
29.2Â Â Â Â Â 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.
29.3Â Â Â Â Â 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.
29.4Â Â Â Â Â Nothing in
this clause is to be taken to affect:
(a)Â Â Â Â Â Â Â any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b)Â Â Â Â Â Â Â offering or
providing junior rates of pay to persons under 21 years of age;
(c)Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
29.5Â Â Â Â Â 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)Â Â Â Â Â Â Â Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b)Â Â Â Â Â Â Â Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
30. State Wage Case Adjustments
30.1Â Â Â Â Â The rates of
pay in this award include the adjustments payable under the State Wages Cases
of 1998, 1999; and with effect from 1 November 2000, the State Wage Case 2000
adjustment. These adjustments may be off-set against:
(a)Â Â Â Â Â Â Â Any equivalent
over-award payments, and/or
(b)Â Â Â Â Â Â Â award wage
increases since 29 May, 1991 other than safety net, State Wage Case, and
minimum rates adjustments.
31. Area, Incidence and
Duration
31.1Â Â Â Â Â This award
was made following a review under section 19 of the Industrial Relations Act
1996. This award rescinds and replaces
the Nursing Homes Professional Employees (State) Award published 4 February
2000 (313 I.G. 278) as varied and shall take effect from 3 October 2000 and
remain in force for twelve months from
this date.
31.2Â Â Â Â Â This award
shall not apply to novices, aspirants or persons who have taken the vows of
religious orders in licensed nursing homes.
PART B
MONETARY RATES
Table 1 - Salaries
|
Classification
|
Wage Rate
at making of Award
per week
$
|
SWC 2000
Adjustment
per week
$
|
Wage Rate as from
1.11.2000
per week
$
|
|
Nurse Counsellor -
|
|
1st year of scale
|
533.50
|
15.00
|
548.50
|
|
2nd year of scale
|
556.40
|
15.00
|
571.40
|
|
3rd year of scale
|
585.70
|
15.00
|
600.70
|
|
4th year of scale
|
613.90
|
15.00
|
628.90
|
|
5th year of scale
|
647.00
|
15.00
|
662.00
|
|
6th year of scale
|
673.00
|
15.00
|
688.00
|
|
7th year of scale
|
699.00
|
15.00
|
714.00
|
|
8th year of scale
|
721.40
|
15.00
|
736.40
|
|
9th year of scale & thereafter
|
751.70
|
15.00
|
766.70
|
|
Dietitian -
|
|
1st year of scale
|
561.00
|
15.00
|
576.00
|
|
2nd year of scale
|
589.80
|
15.00
|
604.80
|
|
3rd year of scale
|
626.60
|
15.00
|
641.60
|
|
4th year of scale
|
666.10
|
15.00
|
681.10
|
|
5th year of scale
|
704.90
|
15.00
|
719.90
|
|
6th year of scale
|
734.30
|
15.00
|
749.30
|
|
7th year of scale
|
756.30
|
15.00
|
771.30
|
|
Grade 1
|
|
1st year of scale
|
809.40
|
15.00
|
824.40
|
|
2nd year of scale
|
834.70
|
15.00
|
849.70
|
|
Physiotherapist, Occupational Therapist, Music Therapist,
Speech Pathologist -
|
|
1st year of scale
|
542.80
|
15.00
|
557.80
|
|
2nd year of scale
|
561.00
|
15.00
|
576.00
|
|
3rd year of scale
|
589.80
|
15.00
|
604.80
|
|
4th year of scale
|
626.60
|
15.00
|
641.60
|
|
5th year of scale
|
666.10
|
15.00
|
681.10
|
|
6th year of scale
|
704.90
|
15.00
|
719.90
|
|
7th year of scale
|
734.30
|
15.00
|
749.30
|
|
8th year of scale & thereafter
|
756.30
|
15.00
|
771.30
|
|
Welfare Officers (State) -
|
|
1st year of scale
|
468.70
|
15.00
|
483.70
|
|
2nd year of scale
|
493.10
|
15.00
|
508.10
|
|
3rd year of scale
|
516.80
|
15.00
|
531.80
|
|
4th year of scale
|
538.90
|
15.00
|
553.90
|
|
5th year of scale
|
586.80
|
15.00
|
601.80
|
|
Adults-Grade 2 -
|
|
1st year of scale
|
583.90
|
15.00
|
598.90
|
|
2nd year of scale
|
607.30
|
15.00
|
622.30
|
|
Social Workers -
|
|
1st year of scale
|
533.50
|
15.00
|
548.50
|
|
2nd year of scale
|
556.40
|
15.00
|
571.40
|
|
3rd year of scale
|
585.70
|
15.00
|
600.70
|
|
4th year of scale
|
613.90
|
15.00
|
628.90
|
|
5th year of scale
|
647.00
|
15.00
|
662.00
|
|
6th year of scale
|
673.60
|
15.00
|
688.60
|
|
7th year of scale
|
699.00
|
15.00
|
714.00
|
|
8th year of scale
|
721.40
|
15.00
|
736.40
|
|
9th year of scale & thereafter
|
751.70
|
15.00
|
766.70
|
Table 2 - Allowances
|
Item
|
Clause
|
Allowance
|
Amount at time
|
Amount as
|
|
No.
|
No.
|
|
of making of
|
from 1.11.2000
|
|
|
|
|
award
|
$
|
|
|
|
|
$
|
|
|
1
|
3.3
|
Therapist in Charge
|
87.00
|
89.70 p/wk
|
|
2
|
6.2
|
Meal Allowance -
|
|
|
|
|
|
|
|
|
|
|
|
For breakfast when commencing overtime work at or
|
8.60
|
8.60
|
|
|
|
before 6.00 am
|
|
|
|
|
|
|
|
|
|
|
|
For an evening meal when overtime is worked for at
|
|
|
|
|
|
least one hour immediately following their normal
|
|
|
|
|
|
ceasing time, exclusive of any meal break and
|
16.40
|
16.40
|
|
|
|
extends beyond or is worked wholly after 7.00 pm
|
|
|
|
|
|
|
|
|
|
|
|
For luncheon when overtime extends beyond 2.00
|
11.10
|
11.10
|
|
|
|
p.m. on Saturdays, Sundays, or holidays.
|
|
|
|
|
|
Uniform Allowance
|
|
|
|
3
|
|
|
|
|
|
|
20.3
|
In lieu of supplying uniforms
|
1.70 p/wk
|
1.70 p/wk
|
|
|
|
|
|
|
|
|
20.4
|
In lieu of laundering
|
0.95 p/wk
|
0.95 p/wk
|
|
4
|
21.1
|
Mileage Allowance
|
|
|
|
|
|
Motor Car:
|
|
|
|
|
|
First 8,000 kilometres per year
|
|
|
|
|
|
1,600 cc and over
|
0.526 p/km
|
0.526 p/km
|
|
|
|
Under 1600 cc
|
0.376 p/km
|
0.376 p/km
|
|
|
|
|
|
|
|
|
|
Over 8,000 kilometres per year
|
|
|
|
|
|
1,600 cc and over
|
0.187 p/km
|
0.187 p/km
|
|
|
|
Under 1600 cc
|
0.157 p/km
|
0.157 p/km
|
|
|
|
|
|
|
|
|
|
Motor Cycle
|
0.248 p/km
|
0.248 p/km
|
J.
McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.