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SERIAL B9866

 

PRIVATE HOSPITAL PROFESSIONAL EMPLOYEES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 4278 of 1999)

 

Before Commissioner McLeay

5 December 2000

 

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

12.       Public Holidays

13.       Annual Leave

14.       Annual Leave Loading

15.       Long Service Leave

16.       Sick Leave

17.       Compassionate Leave

18.       Payment and Particulars of Salary

19.       State Wage Case Adjustments

20.       Uniforms and Protective Clothing

21.       Grievance and Dispute Resolution Procedures

22.       Labour Flexibility

23.       Mileage Allowance

24.       Attendance at Meetings and Fire Drills

25.       Termination of Employment

26.       Redundancy

27.       Blood Counts

28.       Accommodation and Amenities

29.       Parental Leave

30.       State Personal/Carer’s Leave Case - August 1996

31.       Bereavement Leave   

32.       Anti-Discrimination

33.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Allowances

 

2.  Definitions

 

Unless the context otherwise indicates or requires, the several expressions hereunder defined shall have their respective meanings assigned to them:

 

"Association" means the Health and Research Employees Association of New South Wales.

 

"Officer or Employee" means a professional member of staff employed by a private hospital as defined herein, and coming within the following categories:

 

Medical Officer

Nurse Counsellor

Psychologist

Audiologist

Research or Project Officer

Librarian (Graduate)

Social Worker

Dietitian

Physiotherapist

Occupational Therapist

Speech Pathologist

Medical Records Administrator

Welfare Officer (Social)

 

"Private Hospital" means an establishment defined as such under the provisions of the Private Hospitals and Day Procedures Centres Act 1988, or any legislation which may replace that 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.

 

"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.

 

"Shift Worker" means an employee who is not a day worker as defined.

 

Medical Officers -

 

"Resident" means a medical officer who has obtained full registration.

 

"Registrar" means a medical officer who:

 

(1)        has had at least three years experience in public hospital service as defined under this award or any lesser period acceptable to the hospital; and

 

(2)        is appointed a registrar by the hospital; and

 

(3)        is occupying a position of registrar in an established position.

 

"Senior Registrar" means a registrar holding higher medical qualifications and occupying a position of senior registrar in an established position.

"Higher Medical Qualifications" means such qualifications obtained by a medical practitioner subsequent to graduation and includes:

 

(1)        post-graduate university degrees and diplomas recognised by the Medical Board of New South Wales as qualifications; or

 

(2)        membership or fellowship of the Royal College or Royal Australasian College of Physicians or fellowship of the Royal College of Obstetricians and Gynaecologists; or

 

(3)        such other post-graduate qualifications obtained by examination and recognised by the Medical Board of New South Wales and acceptable to the Health Administration Corporation of New South Wales.

 

Scientific Officers -

 

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

 

"Scientific Officer" means an officer appointed as such who has obtained a degree in science from an approved university requiring a minimum of three years' full-time study or such other qualifications deemed by the Health Administration Corporation of New South Wales to be the equivalent thereof.

 

"Senior Scientific Officer" means an officer appointed as such who is engaged in scientific work who holds a degree in science of an approved university or such other qualifications deemed by the Health Administration Corporation of New South Wales to be appropriate.

 

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

 

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

 

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

 

"Research or Project Officer" means a person employed as such who possesses an appropriate degree of a recognised university or college of advanced education.

 

"Librarian (Graduate)" means a Librarian who holds -

 

(1)        an appropriate degree of a university or college of advanced education; or

 

(2)        an appropriate diploma of a college of advanced education; or

 

(3)        an officer who holds a degree or diploma of a college of advanced education awarded after completing a course of full-time study over 3 years (or equivalent) in which studies for librarianship are integrated; or

 

(4)        such other academic qualification as the employer deems to be equivalent.

 

"Medical Records Administrator" means a person employed in the industry of record librarianship in a hospital who has qualifications acceptable to the New South Wales Association of Medical Record Librarians or such other qualifications deemed to be equivalent by the employer.

 

"Medical Records Officer" means a Medical Record Librarian employed by a hospital.

 

"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 of New South Wales.

 

"Social Worker" means a person appointed as such in a private hospital and who has qualifications acceptable to the Australian Association of Social Workers.

 

"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 of New South Wales to be the equivalent thereof.

 

"Physiotherapist" means an employee appointed as such who is registered or conditionally registered under the Physiotherapists' Registration Act 1987.

 

"Occupational Therapist" means an employee appointed as such who has qualifications acceptable to the New South Wales Association of Occupational Therapists.

 

"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

 

Scientific Officers -

 

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

 

3.2        Years of Scale -

 

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

 

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

 

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

 

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

 

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

 

3.3        Scientific Officer - Officers who hold or are qualified to hold a degree, diploma or other qualification, as shown hereunder, shall not be classified below the respective year of scale in this grade, as follows, with advancement as provided for in subclause 3.2 of this clause:

 

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

 

Bachelor's Degree with honours (four-year course) - 2nd year of scale.

 

Bachelor's Degree with honours (four-year course), diploma or Bachelor's Degree with at least two years' experience concurrent with or after the last two years of the course (provided that at least one year has been after his/her twenty-first birthday), Associate of the Royal Australian Chemical Institute, or Associate of the Royal Institute of Chemistry - 3rd year of scale.

 

Master's Degree - 4th year of scale.

 

Associate of the Institute of Physics - 6th year of scale.

 

Associate of the Australian Institute of Physics - 6th year of scale.

 

Degree of Doctor of Philosophy - 6th year of scale.

 

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

 

3.3.1     Provided that a Senior Scientific Officer shall not progress beyond the salary prescribed for the third year of the scale unless such officer holds a post-graduate degree in science at least equivalent to the degree of Master of Science of an approved university or has been admitted as a member of the Australian Association of Clinical BioChemists, or such other qualifications as are deemed equivalent.

 

3.4        Principal Scientific Officer - Provided that a Principal Scientific Officer shall not progress beyond the salary prescribed for the fourth year of the scale unless such officer holds a post-graduate degree in Science at least equivalent of the Degree of Doctor of Philosophy of an approved university or has been admitted as a Fellow of the Australian Association of Clinical Biochemists or such other qualifications as are deemed equivalent.

 

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

 

3.5        Psychologists, Audiologists and Research or Project Officers -

 

Provided that -

 

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

 

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

 

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

 

3.6        Provided that Psychologists, Audiologists and Research or Project Officers who -

 

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

 

(b)        have demonstrated to the satisfaction of the endorser by the work performed and the results achieved, the aptitude, abilities and qualities of mind warranting such payment,

 

shall be paid an allowance as set out in Item 2 of Table 2 and, after twelve months' service in receipt of such allowance,  shall be paid a further allowance at the rate as set out in the said Item 2.

 

3.7        Dietitian -

 

(a)        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:

 

(1)        Bachelor's Degree (3-year course) with post-graduate diploma and no experience - 1st year of scale.

 

(2)        Bachelor's Degree with honours (4-year course) with post-graduate diploma and no experience - 2nd year of scale.

 

(3)        Master's Degree in nutrition and dietetics and no experience - 3rd year of scale.

 

(4)        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)        Once graded under paragraph (a) above, an employee shall proceed up the scale based upon the following:

 

(1)        to the next year of the scale for each completed year of service under this award with any employer; and

 

(2)        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 Private Hospitals Association of New South Wales Inc.

 

(c)        A dietitian can be promoted from the General Scale to Grade 1 based on the following

 

(1)        completion of 12 months' service on the maximum rate of the general scale; and

 

(2)        agreement from the private hospital 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.

 

3.8        Social Worker -

 

(a)        For the purpose 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:

 

(1)        a degree in social work from a recognised university requiring at least four years full-time study; or

 

(2)        a degree in social work and diploma from a recognised university requiring at least four years full-time study; or

 

(3)        qualifications deemed equivalent by the employer.

 

3.9        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 two or three other therapists of the same discipline, shall be paid an in-charge allowance as set out in Item 3 of Table 2.

 

4.  Hours

 

4.1        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 a.m. and before 10.00 a.m.

 

4.2        The ordinary hours of shift workers shall be 152 hours per 28 calendar days.

 

4.3        The hours of work prescribed in subclause 4.1 shall be worked in one of the following ways:

 

(a)        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

 

(b)        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

 

(c)        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.

 

4.4        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.

 

4.5        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.

 

4.6        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 20-minute interval, or by one 10-minute interval with the employee allowed to proceed off duty 10 minutes before 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 four hours work is completed.

 

5.  Roster of Hours

 

5.1        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.

 

5.2        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.

 

5.3        Provided further that a roster may be altered at any time to enable the service of the private hospital to be carried on where another employee is absent from duty on account of illness or in 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

 

6.1        Time not exceeding one hour and not less than 30 minutes shall be allowed for each meal, provided that, where an employee is called upon to work for any portion of his/her meal break, such time shall count as ordinary working time.

 

6.2        An employee who works authorised overtime for more than two hours shall be paid, in addition to payment for such overtime:

 

(a)        for breakfast when commencing such overtime work at or before 6.00 a.m., as set out in Item 4 of Table 2;

 

(b)        for an evening meal when such overtime is worked for at least one hour immediately following his/her normal ceasing time, exclusive of any meal break and extends beyond or is worked wholly after 7.00 pm, as set out in the said Item 4;

 

(c)        for luncheon when overtime extends beyond 2.00 p.m. on Saturdays, Sundays or holidays, as set out in the said Item 4,

 

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

 

6.3        Where practicable, employees shall not be required to work more than five hours without a meal break.

 

7.  Permanent Part-Time Employees

 

7.1        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.

 

7.2        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.

 

7.3        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

 

8.1        A casual employee is one engaged on an hourly basis otherwise than as a permanent part-time or full-time employee.

 

8.2        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 and Protective Clothing.

 

8.3        With respect to a casual employee the following clauses only shall apply: clauses 2, Definitions; 3, Gradings; 6, Meals (except subclause 6.2); 11, Penalty Rates for Shift Work, Weekend Work and Special Working Conditions; 18, Payment and Particulars of Salary; of Part B, Monetary Rates, with a minimum payment of 2 hours for each start, and 1/38 of the appropriate allowances prescribed by clause 20, Uniforms and Protective Clothing; 21, Grievance and Dispute Resolution Procedures; 24, Attendance at Meetings and Fire Drills, and 33, Area, Incidence and Duration.

 

8.4        For the entitlement to payment in respect of annual leave, see Annual Holidays Act 1944.

 

8.5        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 10 per cent prescribed in subclause 8.2 in respect of such work.

 

9.  Relieving Other Members of Staff

 

9.1        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.

 

9.2        This clause shall not apply to an employee who is relieving another employee whilst on his/her rostered days off pursuant to clause 4, Hours.

 

10.  Overtime

 

10.1      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 2 hours each day and thereafter at the rate of 100 per cent extra; provided, however, that all overtime worked on Sundays shall be paid for at the rate of 100 per cent extra and on public holidays at the rate of 150 per cent extra.

 

10.2      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.

 

10.3      An employee who works so much overtime:

 

(a)        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)        on a Saturday, a Sunday or 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 to 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.

 

(c)        For the purpose 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.

 

10.4      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

 

11.1      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 p.m. - 10 per cent.

 

Afternoon shift commencing at 1.00 pm and before 4.00 p.m. - 12.5 per cent.

 

Night shift commencing at 4.00 pm and before 4.00 a.m. - 15 per cent.

 

Night shift commencing at 4.00 am and before 6.00 a.m. -10 per cent.

 

11.2      For the purpose 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 p.m. and before 6.00 a.m. on the day following.

 

11.3      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.

 

11.4      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

 

12.1      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.

 

12.2      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)        on the August Bank Holiday; or

 

(b)        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.

 

12.3      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)        be paid 150 per cent extra per hour in addition to the weekly rate; or

 

(b)        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 employees, once having elected the method by which they are 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 employees request the employer to change the method of payment and the employer so agrees.

 

13.  Annual Leave

 

13.1      Annual leave on the ordinary weekly rate of pay shall be granted upon completion of 12 months' service in a private hospital as follows

 

(a)        Employees who work their ordinary hours of work on days other than Saturday and Sunday - 152 ordinary hours.

 

(b)        Employees required to work on seven-day rosters which include work on Saturdays and/or Sundays - 228 ordinary hours.

 

13.2

(a)        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)        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 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)

 

(1)        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.

 

(2)        In lieu of adding to leave in accordance with subparagraph (1) 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 4 hours.

 

(3)        Payments made under subparagraph (1) or (2) 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)        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)        For the purpose 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)         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 hospital is situated.

 

13.3

 

(a)        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)        Nothing in this subclause shall prevent an employer, by agreement with the employee, from allowing annual leave to an employee before the right thereto has accrued but, where leave is taken in such a case, a further period of annual leave shall not commence to accrue until the expiration of the twelve months in respect of which annual leave was taken before it accrued.

 

(c)        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.

 

13.4      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.

 

13.5      Except as provided in subclause 13.6, payment shall not be made or accepted in lieu of annual leave.

 

13.6      If the employment of an employee is terminated before the period of 12 months' service has been reached, the employer shall -

 

(a)        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 during the period of his/her employment;

 

(b)        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.

 

13.7      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.

 

13.8      The employer and the 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.

 

In addition to the leave prescribed by paragraph (b) in 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:

 

Number of ordinary shifts worked on
Sundays and/or holidays during a
qualifying period of employment for
annual leave purposes	Additional payment
4 to 10	0.2 weeks
11 to 17	0.4 weeks
18 to 24	0.6 weeks
25 to 31	0.8 weeks
32 or more	1.0 week

 

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

 

14.1      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.

 

14.2      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.

 

14.3      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 of this clause.

 

14.4      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.

 

14.5      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.

 

14.6      This clause extends to an employee who is given and takes annual holiday and who would have worked as a shift worker if he/she had not been on holidays; 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 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

 

15.1      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.

 

15.2      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.

 

15.3      Where an employee has acquired a right to extended leave with pay under subclause 15.1 then, and in every such case:

 

(a)        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 had been entitled, computed at the rate of salary which such employee was receiving immediately prior to the termination of employment.

 

(b)        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.

 

15.4      For the purpose of this clause:

 

(a)        Continuous service in the same private hospital prior to the coming into force of this award shall be taken into account.

 

(b)        One month equals four and one-third weeks.

 

(c)        Continuous service shall be deemed not to have been broken by -

 

(i)         any period of absence on leave without pay not exceeding six months;

 

(ii)        the absence of any employee from the private hospital whilst a member of the Commonwealth in time of war.

 

15.5      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.

 

15.6      Any period(s) of part-time service with the same private hospital shall count towards long service leave on the basis of the proportion that the actual number of hours each week worked bears to thirty-eight and the period so calculated shall be paid for at the full weekly salary prescribed in Table 1 - Salaries, of Part B, Monetary Rates.

 

16.  Sick Leave

 

16.1      Full-time Employees - 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.

 

16.2      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 2 consecutive days or where, in the employer's opinion, the circumstances are such as not to warrant such requirement.

 

16.3      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.

 

16.4      An employee shall not be entitled to sick leave until after three months' continuous service.

 

16.5      Employees who are employed by a private hospital at the date of the commencement of this award shall retain to their credit, until exhausted, any accumulation of sick leave to their credit immediately prior to such date; provided that such credit is not less than the entitlement otherwise prescribed by this clause.

 

16.6      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.

 

16.7      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 entitlement 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.

 

16.8      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.  Compassionate Leave

 

17.1      In general, compassionate leave with pay should be granted only in extraordinary or emergent circumstances where an employee of a private hospital 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. In general, compassionate leave with pay should be limited to one day.

 

17.2      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 prove 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.

 

18.  Payment and Particulars of Salary

 

18.1      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.

 

18.2      Notwithstanding the provisions of subclause 18.1, an employee who has been given one week's notice of termination of employment in accordance with clause 25, 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 25, 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.

 

18.3      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.

 

18.4      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 in the State of New South Wales of their choice.  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.

 

18.5      Where an employer has overpaid an employee, upon mutual agreement in respect of the amount of the overpayment and the method of repayment, the monies overpaid may be recovered by the employer.

 

19.  State Wage Case Adjustments

 

19.1      The Rates of pay in this award include the adjustments payable under the State Wages Case Decision 2000.  These adjustments may be off-set against:

 

(a)        Any equivalent over-award payments, and/or

 

(b)        award wage increases since  29 May, 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

20.  Uniforms and Protective Clothing

 

20.1      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.

 

20.2      An employee on leaving the services of the private hospital shall return any uniform or part thereof supplied by the private hospital which is still in use by that employee immediately prior to leaving.

 

20.3      In lieu of supplying a uniform to an employee, the employer shall pay to such employee the sum as set out in Item 5 of Table 2 -Allowances, of Part B, Monetary Rates.  However, if a uniform includes cardigan, stockings or special type of shoes, these shall be supplied by the employer.

 

20.4      If the uniform of an employee is not laundered at the expense of the employer an allowance as set out in Item 6 of Table 2 shall be paid to such employee.

 

20.5      The employee shall keep such uniform in a reasonable and presentable condition.

 

21.  Grievance and Dispute Resolution Procedures

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

 

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

 

21.1.2   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.

 

21.1.3   Reasonable time limits must be allowed for discussion at each level of authority.

 

21.1.4   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.

 

21.1.5   Whilst a procedure is being followed, normal work must continue.

 

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

 

21.2.1   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.

 

21.2.2   Reasonable time limits must be allowed for discussion at each level of authority.

 

21.2.3   Whilst a procedure is being followed, normal work must continue.

 

21.3      For the procedure set out in subclauses 21.1 and 21.2, 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.

 

21.4      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.

 

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

 

22.  Labour Flexibility

 

22.1      An employer may direct an employee to carry out 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.

 

22.2      Any 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 patients.

 

23.  Mileage Allowance

 

Employees required by the employer to use their own vehicles to carry out their work shall be paid the mileage allowances as set out in Item 7 of Table 2 - Allowances, of Part B, Monetary Rates.

 

24.  Attendance at Meetings and Fire Drills

 

24.1      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.

 

24.2      An employee in attendance at compulsory fire safety practices (e.g., fire drill and evacuation procedures) in accordance with the requirements of the Private Hospitals and Day Procedures Centres 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.

 

25.  Termination of Employment

 

25.1      One week's notice of termination of employment shall be given by the private hospital 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.

 

26.  Redundancy

 

26.1      An employee who is made redundant arising from:

 

(a)        economic recession; or

 

(b)        company merger, takeover or reconstruction; or

 

(c)        technological change (for example, in the private hospital 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 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

 

26.2      The provisions of subclause 26.1 shall not apply to an employee who is offered reasonably suitable alternative employment within the hospital or the hospital group, having regard to:

 

(a)        the employee's age, education, skills and work experience;

 

(b)        the employee's place of residence;

 

(c)        the needs of the employer and the nature of the employer's operations; and

 

(d)        any other relevant circumstances.

 

26.3      The provisions of this clause shall not apply to facilities which employ less than 15 permanent employees at the time the redundancy takes effect.

26.4      This clause shall not apply to employees with less than 12 months' permanent service.

 

26.5      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.

 

26.6      An employer in a particular case may make application under the Industrial Relations Act 1996 to have the provisions of subclause 26.1 varied on the basis of the employer's incapacity to pay.

 

26.7      In calculating any redundancy payment or payment in lieu of notice, ordinary-time payment shall be used.

 

27.  Blood Counts

 

27.1      Those employees who are regularly required to assist and/or work with the radiologist and/or radiographers in close proximity to diagnostic and/or therapeutic X-ray machines or any other forms of radioactive radiators shall have blood counts carried out every three months upon making application therefor to the hospital.

 

28.  Accommodation and Amenities

 

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.

 

29.  Parental Leave

 

29.1      Maternity Leave -

 

29.1.1   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)        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)       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.

 

29.1.2   Entitlement - An employee is entitled to a period of unpaid maternity leave of not more than 12 months after the actual date of birth.

 

29.1.3   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.

 

29.1.4   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.

 

29.1.5   Staffing Provisions - In accordance with obligations established by the Industrial Relations Act 1996 (S.69), 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.

 

29.1.6   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.

 

29.1.7               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.

 

29.1.8               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.

 

29.1.9               Miscarriages - In the event of a miscarriage any absence from work is to be covered by the sick leave provisions.

 

29.1.10             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.

 

29.1.11             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.

 

29.1.12             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.

 

29.1.13             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.

 

29.1.14             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.

 

29.2      Adoption Leave -

 

29.2.1               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)        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)        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.

 

29.2.2   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.

 

29.2.3   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.

 

29.2.4   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.

 

29.2.5   Staffing Provisions - As per maternity leave conditions.

 

29.2.6   Effect of Adoption Leave on Accrual of Leave, Increments, etc - As per maternity leave conditions.

 

29.2.7   Return for Less than Full-time Hours - As per maternity leave conditions.

 

29.2.8   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.

 

29.2.9   Permanent part-time employees as defined in clause 7, Permanent Part-time Employees are covered by this clause.

 

29.3      Paternity Leave -

 

29.3.1   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)        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)        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.

 

29.3.2   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.

 

29.3.3   Applications - Employees should formally notify the employer as early as practicable of the intention to take paternity leave.

 

29.3.4   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.

 

29.3.5   Staffing Provisions - As per maternity leave conditions.

 

29.3.6   Effect of Paternity Leave on Accrual of Leave, Increments, etc - As per maternity leave conditions.

 

29.3.7   Return for Less than Full-time Hours - As per maternity leave conditions.

 

29.3.8   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.

 

29.3.9   Permanent part-time employees as defined in clause 7, Permanent Part-time employees are covered by this clause.

 

30.  State Personal/Carer's Leave Case - August 1996

 

30.1      Use of Sick Leave -

 

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

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        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)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

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

 

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

 

"household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

30.2      Unpaid Leave for Family Purpose -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause 30.1 who is ill.

 

30.3      Annual Leave -

 

(a)        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)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

30.4      Time Off in Lieu of Payment for Overtime -

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time 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)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

30.5      Make-up Time -

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

30.6      Rostered Days Off -

 

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

 

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

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

 

31.  Bereavement Leave

 

31.1      An employee, other than a casual employee, shall be entitled up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause 31.3 of this clause.

 

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

 

31.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave in subparagraph (ii) of paragraph (c) of subclause 30.1 of clause 30, State Personal/Carer’s Leave Case-August, 1996, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

31.4      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

31.5      Bereavement leave may be taken in conjunction with other leave available under subclauses 30.2, 30.3, 30.4, 30.5 and 30.6 of the said clause 30.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

32.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

NOTES:

 

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

 

(b)        Section 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".

 

33.  Area, Incidence and Duration

 

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

 

33.2      This award rescinds and replaces the Private Hospital Professional Employees (State) Award published 11 February 2000 (313 I.G. 419) and all variations thereof

 

33.3      This award shall apply to all employees as defined herein and shall not apply to Novices, aspirants or persons who have taken the vows of Religious Orders in licensed private hospitals.

 

33.4      This award shall take effect on and from 5 December 2000 and remain in force for a period of 12 months.

 

33.5      For the purposes of this award, the salary and allowance increases granted through the State Wage Case decision - 2000 shall take effect from the first full pay period to commence on or after 1 February 2001.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Classification	Current Wage Rate Per Week $	SWC 2000 Adjustment Per Week $	Wage Rate as from 1.2.2001 Per Week $
Medical Officers -
Resident -
1st year of service	617.30	15.00	632.30
2nd year of service	673.00	15.00	688.00
3rd year of service	737.00	15.00	752.00
4th year of service	795.90	15.00	810.90
Registrar -
1st year of service	737.60	15.00	752.60
2nd year of service	795.90	15.00	810.90
3rd year of service	854.50	15.00	869.50
4th year of service	910.70	15.00	925.70
Senior Registrar	996.40	15.00	1,011.40
Scientific Officers -
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	756.30	15.00	771.30
Senior Scientific Officer -
1st year of scale	809.40	15.00	824.40
2nd year of scale	834.70	15.00	849.70
3rd year of scale	856.60	15.00	871.60
4th year of scale	878.40	15.00	893.40
5th year of scale	901.20	15.00	916.20
6th year of scale	930.00	15.00	945.00
7th year of scale	956.70	15.00	971.70
8th year of scale	979.50	15.00	994.50
Senior Scientific Officer-in-Charge -
(a)        In charge of a section of a laboratory
1st year	809.40	15.00	824.40
2nd year	834.70	15.00	849.70
Thereafter	856.60	15.00	871.60
(b)        In charge of a laboratory at a hospital having              an ADA of
(i)         less than 200
1st year	878.40	15.00	893.40
2nd year	901.20	15.00	916.20
Thereafter	929.00	15.00	944.00
(ii)        more than 200
1st year	930.00	15.00	945.00
2nd year	956.70	15.00	971.70
Thereafter	978.80	15.00	993.80
Principal Scientific Officer -
1st year of scale	1,010.20	15.00	1,025.20
2nd year of scale	1,033.90	15.00	1,048.90
3rd year of scale	1,060.30	15.00	1,075.30
4th year of scale	1,084.30	15.00	1,099.30
5th year of scale	1,109.30	15.00	1,124.30
6th year of scale	1,134.00	15.00	1,149.00
7th year of scale	1,158.30	15.00	1,173.30
8th year of scale	1,184.00	15.00	1,199.00
9th year of scale	1,208.60	15.00	1,223.60
10th year of scale	1,234.30	15.00	1,249.30
Trainee Scientific Officer -
1st year of scale	318.50	15.00	333.50
2nd year of scale	340.50	15.00	355.50
3rd year of scale	384.30	15.00	399.30
4th year of scale	433.20	15.00	448.20
5th year of scale	480.90	15.00	495.90
6th year of scale	521.50	15.00	536.50
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	673.60	15.00	688.60
7th year of scale	699.00	15.00	714.00
8th year of scale	721.40	15.00	736.40
Thereafter	751.70	15.00	766.70
Psychologists, Audiologists, and Research or Project Officers -
1st year of service	529.20	15.00	544.20
2nd year of service	551.80	15.00	566.80
3rd year of service	580.40	15.00	595.40
4th year of service	610.00	15.00	625.00
5th year of service	642.60	15.00	657.60
6th year of service	673.00	15.00	688.00
7th year of service	698.80	15.00	713.80
8th year of service	751.50	15.00	766.50
Clinical Psychologists -
1st year of service	722.50	15.00	737.50
2nd year of service	764.60	15.00	779.60
3rd year of service	803.60	15.00	818.60
4th year of service	846.10	15.00	861.10
5th year of service	885.30	15.00	900.30
Librarian - Graduate
1st year of service	523.70	15.00	538.70
2nd year of service	542.60	15.00	557.60
3rd year of service	568.10	15.00	583.10
4th year of service	589.70	15.00	604.70
5th year of service	613.90	15.00	628.90
6th year of service	630.40	15.00	645.40
7th year of service	665.70	15.00	680.70
Dietitians -
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
Physiotherapists, Occupational Therapists, Music Therapist, Speech Pathologists
1st year of scale	542.80	15.00	557.80
2nd year of scale	561.00	15.00	576.00
3rd year of scale	589.20	15.00	604.20
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	756.30	15.00	771.30
Medical Records Administrator -
1st year of service	532.20	15.00	547.20
2nd year of service	542.40	15.00	557.40
3rd year of service	552.80	15.00	567.80
4th year of service	562.80	15.00	577.80
5th year of service	574.10	15.00	589.10
6th year of service	585.50	15.00	600.50
7th year of service	598.70	15.00	613.70
8th year of service	628.20	15.00	643.20
Welfare Officers - Social - Adults Grade 1 -
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	751.70	15.00	766.70

 

Table 2 - Allowances

 

Item No.	Clause No.	Allowance	Amount $
1	3.4	Principal Scientific Officer-Qualification Allowance	36.80 p/wk
2	3 (3.6)(b)	Psychologists, Audiologists and Research or Project Officers - Allowance Further Allowance	40.70 p/wk 40.70 p/wk
3	3 (3.9)	Physiotherapist, Occupational Therapist, Speech Pathologist - In-Charge Allowance	87.00 p/wk
4	6 (6.2) (a) (b) (c)	Meal Allowance - Overtime - Breakfast lunch evening	8.60 11.10 16.40
5	20 (20.3)	Uniform Allowance	1.70 p/wk
6	20 (20.4)	Laundry Allowance	0.95 p/wk
7	23	Mileage Allowance - Motor Car - First 8,000 kilometres per year: 1,600 cc and over Under 1600 cc Over 8,000 kilometres per year 1,600 cc and over Under 1600 cc Motor Cycle -	0.526 p/km 0.376 p/km   0.187 p/km 0.157 p/km 0.248 p/km

 

 

 

J. McLEAY, Commissioner.

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.