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New South Wales Industrial Relations Commission
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AGED CARE INDUSTRY (BROKEN HILL) AWARD
  
Date07/20/2001
Volume326
Part2
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C0222
CategoryAward
Award Code 1264  
Date Posted04/03/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1264)

SERIAL C0222

 

AGED CARE INDUSTRY (BROKEN HILL) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Labor Council of New South Wales, State Peak Council for Employees.

 

(No. IRC223 of 2001)

 

Before Mr Deputy President Sams

2 March 2001

 

AWARD

 

PART A

 

1.         Arrangement

 

Clause Title

Clause No

Accommodation and Amenities

32

Allowances for Special Working Conditions

11

Anti-Discrimination

30

Annual Leave

13

Annual Leave Loading

14

Area, Incidence and Duration

34

Arrangement

1

Attendance at Meetings and Fire Drills

24

Compassionate Leave

19

Definitions

2

Emergency Telephone Calls

27

Grievance and Dispute Resolution Procedures

23

Higher Duties

21

Hours of Work

5

Labour Flexibility and Mixed Functions

25

Leave Reserved

33

Long Service Leave

15

Meals & Tea Breaks

8

No Extra Claims Commitment

35

Notice Board

31

Overtime

9

Parental Leave

18

Payment and Particulars of Wages

4

Penalty Rates and Shift Allowances

10

Personal/Carers’ Leave

17

Probationary Employees

6

Promotions and Appointments

26

Public Holidays

12

Redundancy

29

Roster of Hours

7

Sick Leave

16

Superannuation

20

Termination of Employment

28

Uniforms and Protective Clothing

22

Wages

3

 

 

 

 

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Allowances

 

2. Definitions

 

For the purposes of this award the following terms have been defined:

 

ADULT SERVICE means service with an employer during which the worker received a rate of pay not less than the lowest rates fixed for an adult, in the same classification as the worker, or the employee is on the age scale at 18 years or over.

 

COOK GRADE A means a person employed in a Retirement Village, Nursing Home, or Hostel whose principal task is the planning, preparation and cooking of meals, snacks, and confectioneries, for an average of 100 or more persons per day.

 

COOK GRADE B means a person employed who performs the same functions as a Cook Grade A, except for an average of less than 100 persons per day.

 

COUNCIL means the Barrier Industrial Council.

 

DAY WORKER means an employee whose ordinary hours of work are performed within the period Monday to Friday, and who commences work on such days at or after 6:00 a.m. and before 10.00 a.m. otherwise than as part of a shift system.

 

DIVERSIONAL THERAPIST shall mean a person who provides, facilitates, and co-operates group and individual leisure and recreational activities. This person must be a graduate from an approved university course which includes: the Associate Diploma and Diploma of applied Science (Diversional Therapy) at the University of Sydney; Bachelor of Applied Sciences (Leisure and Health) at the University of Sydney; Bachelor of applied Science (Diversional Therapy) at the University of western Sydney, Macarthur; the Diploma or Bachelor of Health Sciences (Leisure and Health) at Charles Sturt University; the Associate Diploma Course in Diversional Therapy conducted by the Cumberland College of Health and Sciences; or who has such other qualifications deemed to be equivalent.

 

GARDENER means a person employed as such whose duties include any or all of the following; planning and preparation of garden beds, propagation of seeds, planting out, pruning and shaping of trees and shrubs, servicing indoor plants, re-potting of plants, preparing and spraying pesticides and herbicides and maintaining lawns and edges.

 

GENERAL SERVICES OFFICER GRADE I means a person who performs general cleaning duties and household chore type duties, including but not limited to, all cleaning associated with pots, pans, stoves, refrigerators or any other kitchen machinery and general kitchen cleaning, high cleaning, outside cleaning, stripping or sealing floors, portering of residents and/or heavy equipment, general laundry duties including the loading and unloading of commercial type washing machines; cleaning of tooth and vomit bowls, sanitising of bed pans and other equipment, the cooking and/or preparing of light refreshments, eggs, toast, salad etc., and the making of unoccupied beds.

 

GENERAL SERVICES OFFICER GRADE 2 means a person who, in addition to the duties of a Grade I, performs the duties of the previous classifications of handyperson, assistant cook and storeperson.  A Handyperson means a person who does general non trades maintenance, servicing and repair work of plant property, fixtures, appliances and equipment, and may also include lawn mowing, tidying and hosing/sweeping of grounds, paths, driveways, and general access areas.

 

GENERAL SERVICES OFFICER GRADE 3 means a person who is wholly or substantially employed in providing assistance to a therapist, a recreational activities officer, a dietitian, or a hostel supervisor, with routine professional, recreational activity and personal care services, and may in addition perform the duties of a General Services Officer Grade 2.

 

HOSTEL SUPERVISOR means a person employed as such, who is required to oversight the day to day conduct of hostel operations, including;- supervision of staff in the performance of their duties, ensuring the care and welfare of residents, and  performing the general administrative functions essential to the efficient and effective management of the facility.

 

MAINTENANCE SUPERVISOR (BASIC TRADE QUALIFICATION) means a person employed as such who is required to supervise other maintenance staff (GSO 2) and who has trade qualifications, which require an apprenticeship.

 

MAINTENANCE SUPERVISOR (OTHERWISE) means a person employed as such who is required to supervise other maintenance staff (GSO 2), or oversee the operation of a maintenance program.

 

ORDINARY TIME RATE OF PAY means the base rate weekly or hourly rate of pay free of any shift penalty rates or other allowances.

 

PERSONAL CARE ASSISTANT means a person who is required to provide personal care and aid to hostel residents by way of individual attention, supervision, and physical assistance. Routine activities are not limited to, but include the following:-assistance with dressing and undressing, showering, bathing, personal hygiene, grooming, fitting of limbs and appliances, mobility and communications aids, and the provision and oversighting of the taking of medication. It also involves assistance in transferring to and from wheel chairs, and the positioning and guidance of mobility aids.

 

RECREATIONAL ACTIVITIES OFFICER means a person who, though lacking the formal qualifications of a Diversional Therapist, is employed to plan, conduct, and assist residents in recreational and therapeutic activities, including any or all of the following: individual craft teaching, group activities, social outings and/or training classes.

 

SHIFT WORKER means an employee who is not a day worker as defined.

 

UNION means the Broken Hill Town Employees Union, and as applicable, the Federated Clerks Union (Broken Hill Branch).

 

3. Wages

 

Employees shall be paid not less than the rates prescribed for the appropriate classifications set out in Table 1- Wages, of Part B Monetary Rates.

 

The rates of pay in this award include the adjustments payable under the State Wage Case of May 2000.  These adjustments may be offset against:

 

(a)        any equivalent overaward payments, and/or

 

(b)        award wage increases since 29 May 1991 other than Safety Net, State Wage Case, and Minimum rates adjustments.

 

4. Payment and Particulars of Wages

 

(a)        Wages shall be paid weekly or fortnightly, provided that, for the purpose of adjustments of wages relating to alterations in the basic wage, from time to time effective, the pay period shall be deemed to be weekly.

 

(b)        On each payday the pay shall be made up to a day not more than five days prior to the day of payment.

 

(c)        Employees shall have their wages paid by direct deposit or electronic transfer into one account with a bank or other financial institution in New South Wales as nominated by the employee except where agreement as to payment by cash or cheque has been reached between the Union and the employer due to the isolation of the place of employment and/or the limited number of employees.

 

(d)        Wages shall be deposited by the employer in sufficient time to ensure that wages are available for withdrawal by employees by the close of business on pay day.  Where the wages are not available to the employee by such time due to circumstances beyond the employer’s control, the employer shall not be held accountable for such delay.

 

(e)        Where the services of an employee are terminated with due notice, all moneys owing shall be paid upon cessation of employment, but in the case of termination without due notice, within one working day.

 

(f)         On payday each employee shall be provided with a payslip which specifies the following particulars:

 

(i)         name and date of payment;

 

(ii)        period for which the payment is made;

 

(iii)       gross amount of wages, including overtime and other earnings;

 

(iv)       ordinary hourly rate;

 

(v)        amount paid as overtime or such information as will enable the amount paid as overtime to be calculated by the employee;

 

(vi)       amount of other earnings and the purpose for which they are paid;

 

(vii)      amount deducted for taxation purposes;

 

(viii)     particulars of all other deductions;

 

(ix)       net amount paid; and

 

(x)        amount deducted as employee contributions for superannuation.

 

(g)        Where an employer has overpaid an employee, the employer shall notify the employee of such overpayment and how such overpayment is made up, in writing, and may recover such amounts, with the agreement of the employee as to the amount of the overpayment and method of such recovery.  This subclause authorises the use of deductions from wages for the purpose of such recovery.  All such deduction from wages must be authorised in writing by the employee.

 

5.  Hours of Work

 

Part I - Full Time Employees

 

(a)       

 

(i)         The ordinary hours of work for day workers exclusive of meal times, shall not exceed 152 hours per 28 calendar days or 76 hours per fortnight to be worked Monday to Friday and to commence on such days at or after 6:00 am and before 10.00 am.

 

(ii)        The ordinary hours of work for shift workers, exclusive of meal times, shall not exceed 152 hours per 28 calendar days or 76 hours per fortnight or an average of 38 per week in each roster cycle. Each shift shall consist of not more than 8 ordinary hours of work per day, providing that by mutual agreement a shift may consist of 10 ordinary hours per day.

 

(b)        Each full time employee shall be free from duty for not less than two full days in each week or four full days in each fortnight. Where practicable, such rostered days off in each week shall be consecutive.

 

(c)        There shall be a minimum of eight (8) hours between ordinary rostered shifts.

(d)        The hours of work prescribed in subclause (a) shall be arranged as follows:

 

(i)         152 hours per 28 calendar day cycle, to be arranged so that each employee shall not work his/her ordinary hours on more than 19 days in the 28 day cycle; or

 

(ii)        By agreement between employer and employee(s) concerned, 76 hours in each fortnight, or 38 hours in each week.

 

(e)

 

(i)         A full time employee working his/her hours in an arrangement, which provides for an accumulation of hours per week shall be permitted an Allocated Day Off (ADO) per month, not exceeding twelve per year.

 

(ii)        The taking of an ADO shall be determined by mutual agreement between the employee and the employer having regard to the needs of the establishment or sections thereof. Where practicable, such ADO shall be consecutive with rostered days off duty.

 

(iii)       Once set, the ADO may not be changed in a current cycle unless there are genuine unforseen circumstances prevailing. Where such circumstances exist and the ADO is changed, another day shall be substituted in the current cycle.  Should this not be practicable, the day must be given and taken in the next cycle immediately following.

 

(iv)       Where the employee and the employer agree, up to five (5) ADO’s may be accumulated, and taken in conjunction with Annual Leave, or taken at a mutually agreed time.

 

(v)        Where an employee's ADO falls due during a period of workers' compensation, the employee, on returning to duty, shall be given the next ADO in sequence irrespective of whether sufficient credits have been accumulated or not.

 

(vi)       Where an employee's ADO falls on a Public Holiday the next working day shall be taken in lieu thereof.

 

(vii)      There shall be no accrual of credit towards an ADO for each day of ordinary annual leave taken. However, where an employee accumulated sufficient time to take his/her ADO prior to entering on annual leave, and that day would have been taken if the employee had not gone on annual leave, it shall be allowed to the employee on the first working day immediately following the period of leave.

 

Where an employee has not accumulated sufficient time for an ADO prior to entering on annual leave, time in credit shall count towards taking the next ADO falling in sequence after the employee's return to duty.

 

(viii)     An employee returning to duty from Long Service Leave shall be given the next ADO in sequence irrespective of whether sufficient credits have been accumulated or not.

 

Part II - Permanent Part-Time Employees

 

(a)        A permanent part-time employee is one who is permanently appointed by the employer to work a specified number of hours which are less than those prescribed for a full time employee, provided that the engagement shall be no less than 2 hours on any one day or 4 hours in any one week. Such specified number of hours shall be recorded in writing and may only be changed by mutual agreement.

 

(b)        An employee so engaged shall be paid for the actual number of hours worked at an hourly rate calculated on the basis of one thirty-eighth of the appropriate weekly rate of pay.

 

(c)        The hours of a permanent part-time employee shall be so arranged that they may be balanced over a week or fortnight, provided that the average weekly hours worked shall be deemed to be the specified number of hours for the purposes of accrual of leave, and there shall be no interruption to the continuity of employment merely by reason of a permanent part-time employee working on a "week on", "week off" basis.

 

(d)        Each permanent part-time employee shall be free from duty for not less than two full days in each week or four full days in each fortnight. Where practicable, such rostered days off shall be consecutive.

 

(e)        There shall be a minimum break of eight hours between ordinary rostered shifts.

 

(f)         Employees engaged under this clause shall be entitled to all other benefits of the Award not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours.

 

Part III - Casual Employees

 

(a)

 

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

 

(ii)        A casual employee may only be engaged in the following circumstances: for short term periods where there is a need to supplement the work force arising from fluctuations in the needs of the facility; or in the place of another employee who is absent; or in an emergency.

 

(b)        For all time worked, a casual employee shall be paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of the appropriate rate prescribed by Part B, Monetary Rates of this award, plus a loading of 20 per cent thereof, with a minimum payment of two hours for each start, and one thirty-eighth of the uniform and laundry allowances where a uniform is not supplied in accordance with clause 28, Uniforms and Protective Clothing.

 

(c)        The 20 per cent loading referred to in subclause (b) shall be part of the ordinary rate for all purposes of this award and is in lieu of shift allowances, weekend penalties and annual leave.

 

(d)        For the entitlement to long service leave, see Long Service Leave Act 1955.

 

(e)        With respect to a casual employee, the provisions of the following clauses shall not apply: 10, Roster of Hours; 12, Overtime; 17, Annual Leave; 18, Additional Annual Leave; 19, Annual Leave Loading; 20, Long Service Leave; 21, Sick Leave; 22, Compassionate Leave; 23, Personal Carers Leave; 24, Parental Leave and 35, Redundancy.

 

6. Probationary Employees

 

(a)        A person appointed whether in a full time or permanent part-time capacity shall serve a probationary period of 2 months.

 

(b)        During the probationary period such employee shall be provided with the appropriate training and instruction to enable them to perform the duties and functions of the position.

 

(c)        During the probationary period the employee will be advised of any areas of concern and expected performance outcomes.

 

(d)        At the successful conclusion of the probationary period, the employee shall be offered a permanent position by the employer.

 

7.         Roster of Hours

 

(a)        The ordinary hours of work for each full time or permanent part-time employee shall be displayed on a roster in a place conveniently accessible to employees.  Where reasonably practicable, such roster shall be displayed two weeks, but in any case at least one week, prior to the commencing date of the first working period in any roster.

(b)        This provision shall not make it obligatory for the employer to display any roster of ordinary hours of work for any relieving/casual employee.

 

(c)        A roster may be altered at any time to enable the services of the organisation to be carried on where an employee is absent from duty on account of illness or in an emergency. Where any such alteration involves an employee working on a day which should have been his/her rostered day off, such employee may elect to be paid at overtime rates or have a day off in lieu which shall be mutually arranged. Provided that this provision shall not apply where the only change to the roster of a permanent part-time employee is the mutually agreed addition of extra hours to be worked such that the permanent part-time employee still has two rostered days off in that week or four rostered days off in that fortnight as the case may be.

 

(d)        Where an employee is entitled to an allocated day off duty that allocated day off duty is to be shown on the roster of hours for that employee.

 

(e)        Each sleepover shall appear on the roster.

 

8.         Meals & Tea Breaks

 

(a)        Employees shall not be required to work more than five hours without a meal break.  Such meal break shall be of between 30 and 60 minutes duration and shall not count as time worked.

 

(b)        Notwithstanding the provisions of subclause (a) of this clause, an employee required to work shifts in excess of 10 hours shall be entitled to a 60-minute meal break.  Such time shall be taken as either two 30-minute meal breaks or one 60-minute meal break, subject to agreement between the employer and the employee.

 

(c)        Two separate ten minute tea breaks (in addition to meal breaks) shall be allowed to each employee on duty during each ordinary shift of 7.6 hours or more.

 

(d)        Where less than 7.6 ordinary hours are worked, employees shall be allowed one ten minute break in each four hour period.

 

(e)        Subject to agreement between the employer and the employee, the two ten-minute tea breaks may alternatively be taken as one 20-minute break, or by one ten-minute break with the employee allowed to proceed off duty ten minutes before the completion of the normal finishing time.

 

(f).        Such tea break (s) shall count as working time.

 

9.         Overtime

 

(a)        All time worked by employees outside ordinary hours shall be paid for at the rate of double time; all overtime worked on public holidays shall be paid for at the rate of double time and a half.

 

(b)        An employee recalled to work overtime after leaving the employer's premises, shall be paid for a minimum of four hours work at the appropriate overtime rate for each time so recalled. Provided that, except in unforeseen circumstances arising, an employee shall not be required to work the four hours if the job for which he/she was recalled to perform is completed within a shorter period.

 

(c)        An employee recalled to work overtime shall be paid all fares and expenses reasonably incurred in responding to the recall. Where, in so responding, an employee uses his/her own transport, a motor vehicle allowance shall be paid as set out in Item 1 of Table 2 - Allowances, of Part B, Monetary Rates.

 

(d)        When overtime work is necessary it shall be arranged, as far as it is practicable, so that employees have at least eight consecutive hours off duty between work on successive days or shifts.

 

(e)        An employee who works so much overtime:-

 

(i)         between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that they have not had at least eight consecutive hours off duty between these times; or

 

(ii)        on a Saturday, Sunday, and/or a Public Holiday, not being ordinary working days, or on a rostered day off without having had eight consecutive hours off duty in the twenty-four hours preceding the ordinary commencing time on his/her next ordinary day or shift;

 

shall, subject to these subclauses, be released after completion of such overtime, until he/she has 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, such employee shall be paid at double time until released from duty for such period and the employee then shall be entitled to be absent until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(f)         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 day first occurring.

 

(g)        Permanent part-time employees will be entitled to be paid overtime on any day they work in excess of 8 ordinary hours. However by mutual agreement, Permanent part-time employees may work shifts in excess of eight hours up to a maximum of ten hours at ordinary rates of pay. In this case overtime payments for that shift would not commence until the completion of the agreed shift time which could be anything between eight and ten hours.

 

(h)        An employee who is required to work overtime for more than two hours and such overtime goes beyond 7:00 a.m., 1:00 p.m. and 6:00 p.m. shall, at the option of the employer, be supplied with a meal or shall be paid:

 

(i)         For breakfast; an amount equal to 60% of the ordinary hourly rate prescribed for a Personal Care Assistant Grade 2, rounded up to the nearest five cents, as set out in Item 2 of Table 2 - Allowances, of Part B, Monetary Rates.

 

(ii)        For lunch; an amount equal to 70% of the ordinary hourly rate prescribed for a Personal Care Assistant Grade 2, rounded up to the nearest five cents, as set out in Item 3 of the said Table 2.

 

(iii)       For dinner; an amount equal to 100% of the ordinary hourly rate prescribed for a Personal Care Assistant Grade 2, rounded up to the nearest five cents, as set out in Item 4 of Table 2.

 

10.       Penalty Rates and Shift Allowances

 

(a)        Employees shall be paid the following percentages in addition to their ordinary rate for shifts rostered as follows:

 

(i)         10% for afternoon shift commencing at or after 10:00 a.m. and before 1:00 p.m.

 

(ii)        12.5% for afternoon shift commencing at or after 1:00 p.m. and before 4:00 p.m.

 

(iii)       15% for night shift commencing at or after 4:00 p.m. and before 4:00 a.m.

 

(iv)       10% for night shift commencing at or after 4:00 a.m. and before 6:00 a.m.

 

provided however that laundry staff working afternoon or night shift shall be paid 20% in addition to their ordinary rate for such shift.

 

(b)        Notwithstanding subclause (a) of this clause, employees working less than the hours prescribed for a full-time employee within clause 5, Hours-  Full-time Employees, shall only be entitled to the additional rates where their shifts commence prior to 6:00 a.m. or finish subsequent to 6:00 p.m.

(c)        Employees shall be paid the following penalties for ordinary hours of work occurring on a Saturday or a Sunday:

 

(i)         for work between midnight on Friday and midnight on Saturday - time and one half;

 

(ii)        for work between midnight on Saturday and midnight on Sunday - double time.

 

These extra rates shall be in substitution for and not cumulative upon the shift allowances prescribed in the subclause (a) of this clause.

 

11.  Allowances for Special Working Conditions

 

(a)        Sleepover Allowance

 

Hostel employees may be required in addition to working normal rostered shifts to carry out sleepovers.  A sleepover means being accommodated overnight at the facility and sleeping, whilst at the same time being on hand to provide unforseen direct care to residents and work of an emergency nature.

 

The following conditions shall apply to each night of sleepover:

 

(i)         The span for a sleepover shall be not less than eight hours and not more than ten hours on any one night.

 

(ii)        Employees shall be provided with free board and lodging for each night on which they are required to sleep over.

 

(iii)       Employees shall be provided with a separate room with a bed and use of staff facilities.

 

(iv)       In addition to the provision of free board and lodging for such nights, the employee shall be entitled to a sleepover allowance of the amount set out in Item 5 of Table 2 - Allowances, of Part B, Monetary Rates, for each night on which they sleepover.

 

(v)        No work other than that of an emergency nature and/or work involving the direct care of residents shall be required to be performed during any sleepover.

 

(vi)       An employee directed to perform work other than that of an emergency nature and/or work involving the direct care of a resident during any sleepover shall be paid the appropriate hourly rate from the start of the sleepover to the end of the non-emergency work, or from the start of the non-emergency work to the end of the sleepover, whichever is the lesser, in addition to the sleepover allowance.

 

(vii)      All time worked during any sleepover shall be paid as follows;

 

(1)        All time worked by full-time employees during any sleepover shall be paid for at overtime rates.

 

(2)        All time worked by permanent part-time employees and casual employees during any sleepover shall be paid for at ordinary rates; provided that, if the total number of hours worked on that day exceeds the number of hours worked by full-time employees, or ten hours where there are no such full-time employees, then the excess hours worked on that day shall be paid for at overtime rates; and provided further that if the total number of hours worked in the week exceeds 38 hours, or exceeds 76 hours in the fortnight as the case may be, then the excess hours worked in that week or fortnight, as the case may be, shall be paid for at overtime rates.

 

(3)        And provided further that where the employee does not have eight consecutive hours off duty between ordinary rostered duty on successive days, then the provisions of paragraph (x) of subclause (a) of this clause will apply.

 

(viii)     A sleepover may be rostered to commence immediately at the conclusion of the employee's shift and continuous with that shift; and/or immediately prior to the employee's shift and continuous with the shift, and not otherwise.

 

(ix)       No employee shall be required to sleepover during any part of their rostered days off and/or allocated days off.

 

(x)        An employee (whether a full-time employee, permanent part-time employee or casual employee) who performs so much work during sleepover periods between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that they have not had at least eight consecutive hours off duty between these times shall, subject to this subclause, be released after completion of such work until they have 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 they shall be paid at double time of the appropriate rate applicable on such day until they are released from duty for such period and then shall be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(xi)       Casual employees may only be used for sleepovers when full-time employees, permanent part-time employee are not available for that duty and in no case shall casual employees be used exclusively or almost exclusively for sleepovers.

 

(xii)      Nothing in this clause shall preclude the employer from rostering an employee to work shift work in lieu of undertaking sleepovers.

 

(b)        Driving Allowances

 

(i)         Employees other than the drivers of ambulances, buses or other motor vehicles, who are required to drive a vehicle as part of their duties shall be paid in addition to the ordinary rate, an allowance of the amount set out in Item 6 of Table 2 Allowances per week for each week in which they are required to drive a vehicle provided that an employee who drives a vehicle for more than ten hours in any week shall be paid the appropriate rate for a motor vehicle driver for the time spent driving, with a minimum payment of the amount set out in the said Item 6 of Table 2 Allowances. Provided that an employee who drives a vehicle for more than four hours in any one day or shift shall be paid as a motor vehicle driver for that day or shift with a minimum payment of the amount set out in Item 6 Table 2 Allowances.

 

(ii)        Provided however, that an employee who drives a vehicle for more than 20 hours in any week shall be paid as a motor vehicle driver for that week.

 

(iii)       Provided further that this subclause shall not apply to any employee in receipt of a margin in excess of that prescribed by this award for a motor vehicle driver, provided further that this subclause shall not apply to any employee who is required to relieve a driver of an ambulance, bus or other vehicle, and who is entitled to be paid in accordance with the terms of Clause 27, Relieving other Members of Staff.

 

(c)        Special Cleaning Allowances

 

(i)         Employees engaged in work of a dirty or offensive nature and/or cleaning or scraping work in confined spaces (such as inside ventilator shafts, air conditioning ducts or the like) shall, whilst so employed, be paid an allowance of the amount set out in Item 7 of Table 2 - Allowances per hour extra.

 

(ii)        Provided however that employees engaged in cleaning or scraping work inside the gas or water space of any boiler, flue or economiser shall, whilst so employed, be paid an allowance of the amount set out in Item 8 of Table 2 - Allowances per hour extra.

 

(iii)       Employees who are required to assist trades persons on work of a dirty or offensive nature shall be paid disability allowances under the same terms and conditions as the disability allowances that may be payable to the trades persons they are assisting.

 

(iv)       Employees shall be paid an allowance of the amount set out in Item 9 of Table 2 - Allowances per hour or part thereof for all time during which they are engaged in handling linen of a nauseous nature other than linen sealed in bags.

 

(d)        Travelling Allowances

 

(i)         An employee sent for duty to a place other than their regular place of duty, or required to travel on official business shall be paid for all excess travelling time at the appropriate rate of pay and will be reimbursed all reasonable travelling expenses and when their own private vehicle is used shall be paid the allowance as set out in item 10 of Table 2 - Allowances.

 

(e)        On Call Allowances

 

(i)         An employee required by his/her employer to be on call shall be paid the amount set out in Item 11 of Table 2 - Allowances.

 

(f)         Flexibility Allowance

 

(i)         In recognition of the increased flexibility to work arrangements and the anticipated productivity gains brought about by this award, each employee who works a shift in excess of five hours on any one day, shall receive an allowance of an amount as set out in Item 12 of Table 2 - Allowances for each shift so worked. Such allowance will be paid as a flat rate per shift and will not be paid for any other purpose of the award, nor will it be increased at any time.

 

12.       Public Holidays

 

(a)        The following shall be deemed public holidays: New Years' Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Labour Day; Christmas Day; Boxing Day and any other day duly proclaimed and observed as a public holiday within the area in which the organisation is situated.

 

(b)

 

(i)         In addition to those holidays specified in subclause (a) of this clause, employees shall be entitled to an extra public holiday each year. Such public holiday shall occur on the day on which the August Bank holiday is observed, or at the election of the employer, may be transferred as an additional public holiday to a day between Christmas and New Year.

 

(ii)        Any individual employer wishing to transfer the August Bank Holiday shall nominate before July 1 of each calendar year, the date on which the additional public holiday is to be observed. Such date shall occur within the days of Monday to Friday inclusive and shall not coincide with a date that is already a gazetted public holiday for that calendar year. Once such an election is made, such date then becomes the date on which the additional public holiday is to be observed for all workers in that establishment covered by this award.

 

(iii)       The foregoing will not apply where in each year, a day in addition to the ten named public holidays specified in subclause (a) is proclaimed and observed as a public holiday, and will not apply in those areas where, in each year at least two half days, in addition to the ten named public holidays specified in the said subclause (a), are proclaimed and observed as half public holidays.

 

(iv)       Provided further, that in areas where in each year, only one half day in addition to the ten named public holidays specified in subclause (a) as proclaimed and observed, the whole day will be regarded as a public holiday for the purposes of this award, and no additional public holiday which would otherwise result from this subclause will be observed.

 

(c)        Public Holiday Rates

 

(i)         Public Holidays shall be allowed to employees without loss of ordinary pay.

 

(ii)        An employee shall not be entitled to the benefits of the preceding sub-clause in respect of any public holiday if absent from work without reasonable cause on the working day before or after the public holiday.

 

(iii)       Where an employee is rostered to and does work on any public holiday, he/she shall be paid in lieu of the normal penalties that the shift would have attracted, the following:

 

(a)        Full time and Permanent Part-time employees - 100% extra for all time worked, plus one day's pay in addition to the normal weekly rate, or, as the employee may elect, 100% extra for all time worked in addition to the weekly rate, and the addition of one ordinary working day to the employee's annual leave entitlement, normally to be taken in conjunction with annual leave.

 

(b)       Casual employee - 100% extra for all time worked, but, such penalty shall supersede the normal casual loading and any other penalty rate normally paid for that day’s work. The 100% shall be inclusive of the casual loading not cumulative.

 

(c)        Full time shift workers rostered off duty on a public holiday shall be paid one day's pay in addition to the weekly rate, or, as the employee may elect, have one day credited to the employee's annual leave entitlement, normally to be taken in conjunction with annual leave.

 

(d)       Permanent Part-time workers working 30 hours per week over five days per week shall be entitled to payment for public holidays on which they are not required to work and for public holidays falling on a rostered day off.

 

(e)        Where a public holiday falls on a day upon which a Monday to Friday employee would not normally have worked, the employee will not attract any additional allowance or entitlement as a consequence of the day on which the holiday falls. Except that, where an alternative day is substituted by Government gazette, the substituted day shall be for all purposes, the Public Holiday.

 

13.  Annual Leave

 

(a)        All employees other than casuals shall, on the completion of each 12 months employment, be given five weeks annual leave.

 

(b)        Each week of annual leave for a permanent part-time employee shall be calculated on the average weekly hours for the 12 months period over which the leave has accrued.

 

(c)       

 

(i)         In any year of employment, should an employee not complete 12 months service, he/she shall on the termination of his/her employment, be entitled to receive payment in lieu of annual leave on a pro rata basis.

 

(ii)        Payment shall be calculated by multiplying the employee's ordinary rate of pay, at the time of termination, by the number of completed weeks worked in the period since the date of last annual leave accrual, (or since the date of commencement if in the first 12 months of employment), and calculating 5/47th of the result.

 

(d)        The employer or employee shall provide three months notice where practicable, and not less than one month's notice, of the date upon which it is intended the employee shall enter upon annual leave. Provided that the actual date of annual leave shall be determined by mutual agreement.

 

(e)        Before an employee proceeds on annual leave they shall be paid all monies due to them in respect of the period of leave being taken. Provided that, where an employer normally pay wages by Electronic Funds Transfers, an employee may elect to forego payment in advance and have annual leave entitlements paid into their private account in the normal way.

 

(f)        

 

(i)         Every employer shall ensure that for each employee there shall be maintained an accurate record of annual leave.

 

(ii)        That record shall show the employee's date of commencement, the date on which leave is due, all credits and debits, the payment of annual leave loading entitlements for the year, and any additional leave accruing as a result of Sundays and Public Holidays worked.

 

(g)        Additional Annual Leave

 

(i)         An employee rostered to work ordinary hours on Sundays and/or Public Holidays shall be entitled to receive additional annual leave, if during a qualifying period of employment for annual leave purposes, shifts have been worked in accordance with the following scale:-

 

3 shifts or less            nil

4 - 10 shifts     0.2 of a week

11 - 17 shifts   0.4 of a week

18 - 24 shifts   0.6 of a week

25 - 31 shifts   0.8 of a week

32 or more shifts         1.0 week

 

(ii)        On termination of employment, an employee shall be entitled to payment in lieu for any untaken additional annual leave accrued, plus payment for the pro rata amount worked since the date that annual leave was last accrued.

 

14.  Annual Leave Loading

 

(a)        All employees, other than casual employees, are entitled to receive an Annual Leave Loading on their ordinary rate of pay for the period of annual leave. The loading shall be:

 

(i)         17.5% of the ordinary weekly wage; or

 

(ii)        the shift allowances and weekend penalty rates that would have been paid for that period, had the employee not proceeded on leave;

 

whichever is the greater.

 

(b)        Annual Leave Loading shall be paid on a pro rata basis on termination of employment where the termination is employer initiated, but it shall not apply where the reason for the employer initiated termination arises from an employee's serious or wilful misconduct.

 

(c)        The resignation of an employee shall not entitle that person to payment of pro rata annual leave loading for any period of service completed since the last annual leave entitlement fell due. However, where an entitlement has already accrued to the employee, and has yet to be paid, the final wages payment is to include such payment.

 

15.  Long Service Leave

 

(a)        Employees shall be entitled to 13 weeks long service leave on full pay after ten years service; thereafter additional long service leave shall accrue on the basis of 6.5 week’s leave for each consecutive period of 5 years completed service.

 

(b)        Where the services of an employee with at least five years service as an adult are terminated by the employer for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, the entitlement to be paid shall be a proportionate amount calculated on the basis of 13 weeks for ten years service.

 

(c)        Long Service Leave shall be taken at a time mutually arranged between the employer and the employee, and as far as is practicable, at the earliest time possible after the leave becomes due.

 

(d)        On the termination of employment of an employee, otherwise than by his/her death, an employer shall pay to the employee the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the employee at the date of such termination.

 

(e)       

 

(i)         Where an employee who has acquired a right to long service leave, or after having had five years service as an adult and less than ten years service, dies, the widow or the widower of such employee, or if there is no such widow or widower, the children of such employee, or if there is no such widow, widower or children such person who, in the opinion of the employer was at the time of the death of such employee, a dependant relative of such employee, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such employee.

 

(ii)        Where there is a guardian of any children entitled under this paragraph, the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement.

 

(iii)       Where there is no person entitled under this paragraph to receive the monetary value of leave payable under the foregoing provisions, payment in respect thereof shall be made to the legal personal representative of such employee.

 

(f)         In calculating the remuneration due to a permanent part-time employee, whether proceeding on leave, or being paid in lieu, the calculation of monies due shall be based on the same formula as that applying to annual leave, being the average weekly ordinary hours worked in the twelve months preceding the time the leave is taken.

 

(g)        Long service leave shall not be granted in a period of less than one month unless the employer and employee so agree.

 

16.  Sick Leave

 

(a)        An employee shall not be entitled to a sick leave credit until after three months consecutive service, at which time, the initial entitlement shall be:

 

(i)         a credit of 76 hours for a full time employee; and

 

(ii)        the average weekly ordinary hours in the preceding three months, for a permanent part-time employee.

 

(b)        A full-time employee shall receive an annual sick leave credit of 76 hours of work on full pay, on the anniversary date of commencement, for each year of continuous service.

 

(c)        A permanent part-time employee, on the anniversary date of commencement, shall be credited with a sick leave entitlement of a similar order, based on the average weekly hours of employment in the preceding year.

 

(d)        All sick leave absences shall require the furnishing of a medical certificate, provided however that the employer may dispense with the requirements of a medical certificate where the absence is less than three days, or where, in the employer's opinion, the circumstances are such as not to warrant such requirements.

 

(e)        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.

 

(f)         Each employee shall take all reasonable steps to inform the employer as early as possible, and preferably prior to the commencement of duty, of his/her inability to attend for duty. That advice should include as far as possible an estimate of the likely duration of the absence.

 

(g)       

 

(i)         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 payments at full ordinary rate; provided however, that where an employee is not in receipt of such full ordinary compensation rate, 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.

 

(ii)        At the discretion of the employer, existing sick leave credits may be used by the employee pending resolution of any worker's compensation claim. Where and when liability is accepted, the sick leave taken shall be re-credited.

 

(iii)       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 credits, weekly compensation payments only shall be payable. Provided that this subclause shall not apply where an employee unreasonably refuses to undergo a rehabilitation program.

 

(h)        Illness during annual leave, when such illness exceeds one week of annual leave and is covered by a medical certificate, or other evidence satisfactory to the employer, shall be regarded as sick leave, and the employee's annual leave shall be re-credited with an equivalent number of days.

 

17.  Personal/Carer’s Leave

 

(a)        Use of sick leave -

 

(i)         An employee, other than a casual employee with responsibility in relation to a class of person set out in subparagraph (2) of paragraph (iii) of this subclause, 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.

 

(ii)        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.

 

(iii)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

(1)        the employee being responsible for the care of the person concerned; and

 

(2)        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 or 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 paragraph:

 

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

 

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

 

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

 

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

 

(b)        Unpaid Leave for Family Purpose-

 

(i)         An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support of a member of a class or person set out in the said sub paragraph (2) of paragraph (iii) of sub clause (a) who is ill.

 

(c)        Annual Leave-

 

(i)         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 Calender year at a time or times agreed by the parties.

 

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

 

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

 

(d)        Time Off in Lieu of Payment for Overtime-

 

(i)         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.

 

(ii)        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.

 

(iii)       If having elected to take time as leave, in accordance with paragraph (i) 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.

 

(iv)       Where no election is made in accordance with paragraph (i) of this subclause, the employee shall be paid their overtime in accordance with the award.

 

(e)        Make-up Time-

 

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

 

(ii)        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.

 

(f)         Allocated Days Off

 

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

 

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

 

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

 

(d)        This sub-clause 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 ADO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

18. Parental Leave

 

(a)        All employees are entitled to paternity leave in accordance with the provisions of the Industrial Relations Act 1996.

 

(b)       

 

(i)         Full-time employees, permanent part-time employees are eligible for paid maternity leave and paid adoption leave in accordance with the following provisions:

 

(1)        Full-time employees are eligible for paid maternity leave and paid adoption leave when they have completed at least 40 weeks continuous service of not less than 31 1/4 hours per week prior to the expected date of birth or prior to the date of taking custody of the child.

 

(2)        Permanent part-time employees are eligible for paid maternity leave and paid adoption leave when they have completed at least 40 weeks continuous service.

 

(ii)        Employees who are eligible for paid maternity leave and paid adoption leave are entitled to maternity leave and adoption leave as follows:

 

(1)        Paid Leave-

 

(A)      Paid Maternity Leave - an eligible employee is entitled to nine weeks paid maternity leave at the ordinary rate of pay from the date the maternity leave commences.

 

Maternity leave may commence up to nine weeks prior to the expected date of birth.  It is not compulsory for an employee to take this period off work.  However, if an employee decides to work during this period, it is subject to the employee being able to satisfactorily perform the full range of normal duties.

 

(B)       Paid Adoption Leave - an eligible employee is entitled to paid adoption leave of three weeks from and including the date of taking custody of the child.

 

Paid maternity leave and adoption leave may be paid:

 

1.         on a normal fortnightly basis;

 

2.         in advance in a lump sum;

 

3.         at the rate of half pay over a period of 18 weeks on a regular fortnightly basis for maternity leave and at the rate of half pay over a period of six weeks on a regular fortnightly basis for adoption leave.

 

Annual and/or long service leave credits can be combined with periods of maternity leave or adoption leave on half pay to enable an employee to remain on full pay for that period.

 

(2)        Unpaid Leave-

 

(A)       Unpaid Maternity Leave - An employee is entitled to a further period of unpaid maternity leave of not more than 12 months after the actual date of birth of the child.

 

(B)       Unpaid Adoption Leave - An employee is entitled to unpaid adoption leave as follows:

 

1.          where the child is under the age of 12 months - a period of not more that 12 months from the date of taking custody;

 

2.          where the child is over the age of 12 months - a period of up to 12 months, such period to be agreed upon by the employee and the employer.

 

(c)        An employee who has once met the conditions for paid maternity leave and paid adoption leave will not be required to again work the 40 weeks continuous service in order to qualify for a further period of maternity leave or adoption leave, unless:

 

(i)         there has been a break in service where the employee has been re-employed or re-appointed after a resignation, medical retirement or after his/her services have been otherwise dispensed with; or

 

(ii)        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, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act.

 

(d)        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.

 

(e)        In the case of notification of intention to take adoption leave, 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 their employer as early as practicable of the intention to take adoption leave.  This will allow arrangements associated with the adoption leave to be made.

 

(f)         After commencing maternity leave or adoption leave, an employee may vary the period of her maternity leave or adoption leave, once, without the 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.

 

(g)        Any person who occupies the position of an employee on maternity leave or adoption leave must be informed that the employee has the right to return to his/her previous position.  Additionally, since an employee also has the right to vary the period of her maternity leave or his/her adoption leave, offers of temporary employment should be in writing, stating clearly the temporary nature of the contract of employment.  The duration of employment should also be set down clearly, to a fixed date or until the employee elects to return to duty, whichever occurs first.

 

(h)        When an employee has resumed duties, any period of full pay leave is counted in full for the accrual of annual and long service leave and any period of maternity leave or adoption leave on half pay is taken into account to the extent of one half thereof when determining the accrual of annual and long service leave.

 

(i)         Except in the case of employees who have completed ten years service the period of maternity leave or adoption 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 or adoption leave without pay shall count as service for long service leave purposes provided such leave does not exceed six months.

 

(j)         Maternity leave or adoption leave without pay does not count as service for incremental purposes.  Periods of maternity leave or adoption leave on full pay and at half pay are to be regarded as service for incremental progression on a pro-rata basis.

 

(k)        Where public holidays occur during a period of paid maternity leave or adoption leave, payment is at the rate of maternity leave or adoption leave received, that is the public holidays occurring in a period of full pay maternity leave or adoption leave are paid at the full rate and those occurring during a period of half pay leave are paid at the half rate.

 

(l)         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.

 

(m)       Where an employee is entitled to paid maternity leave, but because of illness, is on sick, recreation, long service leave, or sick leave without pay prior to the birth, such leave ceases nine weeks prior to the expected date of the birth.  The employee then commences maternity leave with the normal provisions applying.

 

(n)        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 satisfactorily perform.  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.

 

(o)        In the event of a miscarriage any absence from work is to be covered by the current sick leave provisions.

 

(p)        In the case of stillbirth, an employee may elect to take sick leave, subject to the 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.

 

(q)        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 a child.  Should an employee return to duty during the period of paid maternity leave, such paid leave ceases from the date duties are resumed.

 

(r)         An employee returning from maternity leave or adoption 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.

 

(s)        Employees may make application to their employer 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:

 

(i)         the period is to be limited to twelve months after which the full-time duties must be resumed;

 

(ii)        the employee is to make an application for leave without pay to reduce her full-time weekly 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;

 

(iii)       the quantum of leave without pay to be granted to individual employees is to be at the absolute discretion and convenience of the employer;

 

(iv)       salary and conditions of employment are to be adjusted on a basis proportionate to the employee's full-time hours of work, that is for long service leave the period of service is to be converted to the full-time equivalent and credited accordingly;

 

(v)        Full-time employees who return to work under this arrangement remain full-time employees.

 

(t)         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 employment lapses.

 

19.  Compassionate Leave

 

(a)        An employee (other than a casual) after one month's continuous service with his/her present employer and on production of evidence satisfactory to that employer shall, on the death of a near relative be granted a maximum of three days' leave on full pay in any one year as compassionate leave.

 

(b)        In general, compassionate leave with pay should be granted only in extraordinary or emergent circumstances where an employee is forced to absent themself from duty because of urgent pressing necessity. Such leave as is granted should be limited to the time necessary to cover the immediate emergency.

 

(c)        Any absence occasioned by personal exigencies which might fairly be regarded as an obligation on the employee rather than the employer to make good, should be covered by the grant of leave without pay or, if the employee so desires, charged against his/her annual leave credit.

 

(d)        The following basic principles could be kept in mind when dealing with applications:

 

(i)         Deaths and Funerals of parents, partners, children, sister, brother, grandparent, grandchild, parents-in-law, brother-in-law or sister-in-law.

 

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 those mentioned, unless special circumstances exist, e.g. the employee resided with the deceased.

 

(ii)        Applications for Special Leave relating to illness in the family should be treated in accordance with the provisions of Family Leave within this award.

 

(iii)       Applications for Special Leave for emergency situations, such as bushfires, floods, civil emergencies, and the like should be considered on their merits and absences permitted utilising the three days compassionate leave component, annual or additional leave, or ADO’s.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

20.  Superannuation

 

(a)        The employer shall make superannuation contributions on behalf of all employees in accordance with the Superannuation Guarantee (Administration) Act 1992, as amended from time to time.

 

21.  Higher Duties

 

(a)        An employee when called upon by the employer to undertake duties carrying a higher rate of pay than their ordinary classification shall be paid the higher rate for the time so spent performing the higher duties.

 

(b)        This clause shall not apply when an employee in a higher grade is absent from duty by reason of his/her allocated or rostered day off duty. However, where the absence is attached to a period of paid leave so that the total period of relief is no less than five days, then the higher rate shall apply.

 

22.  Uniforms and Protective Clothing Allowance

 

(a)        Where an employer requires the wearing of a uniform by employees, such uniforms or overalls shall be supplied, free of cost.

 

(b)        Any employee to whom a new uniform or part of a uniform has been supplied by the organisation, who without good reason, fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment thereof 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.

 

(c)        An employee on leaving the service of the organisation shall on request return any uniform or part thereof supplied by the organisation, which is still in use by that employee immediately prior to leaving.

 

(d)        In lieu of supplying a uniform to an employee, where one is required in keeping with the organisation's policy, it shall pay to such employee the allowance set out in Item 13 of Table 2 - Allowances, of Part B, Monetary Rates, provided however, that if a uniform includes a cardigan or special type shoes, an additional sum as set out in Item 14 of Table 2 - Allowances shall be paid.

 

(e)        If the uniform of an employee is not laundered at the expense of the organisation, an allowance as set out in Item 15 of Table 2 - Allowances shall be paid to such employee.

 

(f)         An employee required to work out of doors in intemperate weather shall be issued with wet weather gear including footwear protection, raincoats and headgear.

 

(g)        All employees shall be provided with appropriate protective clothing and equipment as required, under the Occupational Health and Safety and regulations.

 

23.  Grievance and Dispute Resolution Procedures

 

(a)        The following procedures shall be followed in relation to grievances of individual employees:

 

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

 

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

 

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

 

(iv)       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.

 

(b)        The following procedures shall be followed in relation to disputes, etc., between employers and their employees:

 

(i)         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.

 

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

 

(c)        In the case of the employers who employ not more than 20 employees, or where the management structure is such that all employees are subject to the direct supervision and control of the employer, graduated steps for further discussion and resolution at higher levels, do not apply.

 

(d)        Whilst any of the above procedures are being followed, normal work must continue.

 

(e)        For any of the above procedures, the employer may be represented by an industrial organisation of employers and the employee(s) may be represented by an industrial organisation of employees.

 

(f)         The industrial organisation representing employees reserves the right to vary this procedure where it is considered a safety factor is involved.

 

(g)        If matter remains unresolved it may be notified to the Industrial Relations Commission of New South Wales, by either party.

 

24. Attendance at Meetings and Fire Drills

 

(a)        Any employee required to work outside the ordinary hours of work in satisfaction of the requirements for compulsory fire safety practices (e.g. fire drill and evacuation procedures) contained, from time to time, within the Nursing Homes Act 1988 and the regulations made there under, shall be entitled to be paid the "ordinary rate" for the actual time spent in attendance at such practices.  Such time spent in attendance shall not be viewed as overtime for the purposes of this award.

 

(b)        Any employee required to attend Occupational Health and Safety Committee and/or Board of Management meetings in the capacity of 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.  Such time spent in attendance shall not be viewed as overtime for the purposes of this award.

 

(c)        For the purposes of this clause, "ordinary rate" shall include amounts payable under clause 4, Wages; clause 14, Allowances for Special Working Conditions, plus where appropriate, the 20% loading prescribed in clause 8, Casual Employees.

 

25. Labour Flexibility and Mixed Functions

 

(a)        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.

 

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

 

(c)        Any direction issued by the employer pursuant to subclause (a) and/or (b) 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

 

(d)        Where an employee is required to undertake the work traditionally carried out under more than one classification, the employee shall be paid the rate applicable to the higher classification for the actual time worked at the higher classification up to a maximum of two hours per day or shift. Where an employee is required to work at the higher classification in excess of two hours, the higher rate shall be paid for the whole of the day or shift.

 

26. Promotions and Appointments

 

Promotion and/or appointment shall be by merit, provided however that no employee with a claim to seniority shall be passed over without having their claim considered.

 

27.  Emergency Telephone Calls

 

An employee required to answer emergency telephone calls outside of ordinary working hours, but not recalled to duty, shall be reimbursed rental charges on such telephone calls on production of receipted accounts. Provided that, where an employee is required to answer out of hours telephone calls on a relief basis, they shall be paid 1/12th of their yearly telephone rental for each month or part thereof they are so employed.

 

28. Termination of Employment

 

(a)        Except for misconduct, justifying summary dismissal, the services of an employee shall be terminated only by notice as prescribed below or payment in lieu of notice:

 

Years of Continuous Service             Notice Required

 

Not more than 1          at least one week

More than 1 but not more than 3      at least two weeks

More than 3 but not more than 5      at least three weeks

More than 5    at least four weeks

 

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

 

(b)        No employee shall, without the consent of the employer, resign without giving the following notice to the employer:

 

(i)         in the case of an employee with less than 12 months service at least one week notice; or

 

(ii)        in the case of an employee with more than 12 months service at least two weeks notice.

 

(c)        Should an employee fail to give the prescribed notice such employee shall be liable to forfeit the wages in lieu thereof.

 

(d)        Upon the termination of the services of an employee, the employer shall furnish the employee with a written statement, duly signed by or on behalf of the employer, setting out the period of the employment and the capacity in which the employee was employed.

 

29.  Redundancy

 

(a)        Application-

 

(i)         This clause shall apply in respect of full time employed under this Award; and

 

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

 

(iii)       Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be not more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(iv)       Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(b)        Introduction of Change-

 

Employers duty to notify-

 

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

 

(ii)        "Significant effects" include termination of employment, major changes in the composition, operation or size of the employers work force or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

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

 

(c)        Employer's Duty to Discuss Change-

 

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

 

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

 

(iii)       For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(d)        Discussions Before Terminations-

 

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

 

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

 

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

 

(e)        Notice for Changes in Production, Programme, Organisation or Structure-

 

This subclause sets out the provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with paragraph (i) of subclause (b) of this clause.  

 

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

 

Period of continuous service            Period of notice

 

Less than 1 year         1 week

1 year and less than 3            2 weeks

3 years and less than 5          3 weeks

5 years and over         4 weeks

 

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

 

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

 

(f)         Notice for Technological Change-

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph (i) of subclause (b) of this clause.

 

(i)         In order to terminate the employment of an employee, the employer shall give to the employee 3 months notice of termination.

 

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

 

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

 

(g)        Transmission of business

 

(i)         Where a business is before or after the date of this Award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called the "transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

(1)        the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

 

(2)        the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

 

(ii)        In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

 

(h)        Time Off During the Notice Period

 

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

 

(ii)        If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(i)         Employees Leaving During the Notice Period

 

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

 

(j)         Statement of Employment

 

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

 

(k)        Notice to Centrelink

 

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

 

(l)         Centrelink Employment Separation Certificate

 

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

 

(m)       Transfer to Lower Paid Duties

 

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

 

(n)        Severance Pay

 

Where an employee is to be terminated pursuant to this clause, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

 

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

 

 

Years of Service         Under 45 Years of AgeEntitlement

 

Less than 1 year         Nil

1 year and less than 2            4 weeks

2 years and less than 3          7 weeks

3 years and less than 4          10 weeks

4 years and less than 5          12 weeks

5 years and less than 6          14 weeks

6 years and over         16 weeks

 

 

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

 

Years of Service         45 Years of Age and Over Entitlement

 

Less than 1 year         Nil

1 year and less than 2            5 weeks

2 years and less than 3          8.75 weeks

3 years and less than 4          12.5 weeks

4 years and less than 5          15 weeks

5 years and less than 6          17.5 weeks

6 years and over         20 weeks

 

(iii)       "Weeks Pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and work related allowances, paid in accordance with this Award.

 

(o)        Incapacity to Pay

 

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

 

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

 

(p)        Alternative Employment

 

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

 

30. Anti-Discrimination

 

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

 

(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.

 

(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.

(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.

 

(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.

 

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

 

(7)        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".

 

31. Notice Board

 

(a)        The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position upon which the union representatives shall be permitted to post union notices.

 

(b)        The employer shall keep exhibited a copy of this award in accordance with the regulations of the Industrial Relations Act 1996.

 

32. Accommodation and Amenities

 

(a)        The minimum standards as set out in the Factories, Shops and Industries Act 1962, and regulations in support, shall be met in the provision of amenities to employees.

 

Such amenities must include:

 

(i)         a staff rest room;

 

(ii)        change rooms with personal lockers for clothes and personal items storage; and

 

(iii)       staff meal room with provision for food warming, refrigerating, and water heating facilities, and the storage of goods, foodstuffs and utensils.

 

33. Leave Reserved

 

Leave is reserved to the parties to apply in relation to the following matters:

 

(a)        The payment of 200 per cent penalty payment for working on Sunday with a view to reducing this to 175 percent; and

 

(b)        All clerical classifications with a view to modernising and inserting definitions within the award; and

 

(c)        The definition and appropriate grades of cook.

 

 

 

 

34.  Area, Incidence and Duration

 

(a)        This consent award is between the Aged Services Association NSW (Industrial) and the Broken Hill Town Employees’ Union.

 

(b)        It governs the terms and conditions of employment of employers and employees engaged in the performance of all non nursing work in or in connection with, or incidental to, the conduct of voluntary, religious, charitable and not for profit aged and disability care centres and facilities within the County of Yancowinna, NSW. It shall not apply to novices, aspirants or persons who have taken vows of religious orders.

 

(c)        This award is made following a review under section 19 of the Industrial Relations Act 1996.  This Award rescinds and replaces the Aged Care Industry Broken Hill Award published 14 November 1997 (302 IG. 191) as varied.

 

(d)        By administrative action, the wages set out in Part B, Monetary Rates shall take effect from the first pay period to commence on or after 8 August 2000.

 

(e)        It is declared and agreed that nothing in this award shall supersede the purpose or intent of any State or Commonwealth Laws.

 

(f)         It is agreed that nothing in this award shall negate the employer or employee of their legal rights.

 

(g)        This award shall be exhibited by each employer on the employer's premises in a place accessible to all employees.

 

(h)        This award shall take effect from the first full pay period on or after 2 March 2001 and remain in force for a period of 12 months thereafter.

 

35.  No Extra Claims Commitment

 

It is a term of this award that having received the first, second and third safety net adjustments arising out of the State Wage Case - May 2000 decision that the union undertakes, for the duration of the principles determined by that decision, not to pursue any extra claims, award or over award, except when consistent with these principles.

 

Part B

 

Monetary Rates

 

Table 1 - Wages

 

Effective from the first pay period to commence on or after the 8 August 2000.

 

 

SWC May 2000

Total rate per week

$

Hourly Rate

$

CLERKS

 

 

 

JUNIOR

 

 

 

At 16 Years Or Under

3.1 %

267.00

7.0263

At 17 Years Or Under

3.1 %

301.15

7.9250

At 18 Years Or Under

3.1 %

342.70

9.0184

At 19 Years Or Under

3.1%

384.35

10.1145

At 20 Years Or Under

3.1 %

422.00

11.1053

GRADE 1

 

 

 

At 21 Years Of Age Or First Year Of Service

$15.00

454.60

11.9632

Second Year Of Service

$15.00

465.70

12.2553

Third Year Of Service

$15.00

478.20

12.5842

Fourth Year Of Service

$15.00

488.50

12.8553

Fifth Year & Thereafter

$15.00

498.70

13.1237

GRADE 2

 

 

 

First Year Of Service

$15.00

513.70

13.5184

Second Year & Thereafter

$15.00

529.30

13.9289

GRADE 3

 

 

 

First Year Of Service

$15.00

543.00

14.2895

Second Year & Thereafter

$15.00

558.60

14.7000

GRADE 4

 

 

 

First Year Of Service

$15.00

571.90

15.0500

Second Year & Thereafter

$15.00

584.10

15.3711

GRADE 5

 

 

 

First Year Of Service

$15.00

598.00

15.7368

Second Year & Thereafter

$15.00

611.00

16.0789

GRADE 6

 

 

 

First Year Of Service

$15.00

628.40

16.5368

Second Year & Thereafter

$15.00

641.90

16.8921

GRADE 7 

 

 

 

First Year Of Service

$15.00

662.20

17.4263

Second Year & Thereafter

$15.00

678.40

17.8526

GRADE 8

 

 

 

First Year Of Service

$15.00

723.40

19.0368

Second Year & Thereafter

$15.00

741.80

19.5211

HOSTEL SUPERVISOR

 

 

 

Grade 1 - Less Than 50 Beds

$15.00

513.70

13.5184

Grade 2 - 50 But Less Than 75

$15.00

529.40

13.9316

Grade 3 - 75 But Less Than 100

$15.00

543.00

14.2895

Grade 4 - 100 Beds And Over

$15.00

558.10

14.6868

PERSONAL CARE ASSISTANTS

$15.00

469.30

12.3500

GENERAL SERVICE OFFICER

 

 

 

Grade 1 - Junior

3.1 %

396.00

10.4211

Grade 1 - Adult

$15.00

469.30

12.3500

Grade 2

$15.00

478.00

12.5789

Grade 3 - First Year Of Service

$15.00

493.30

12.9816

Grade 3 - Second Year Of Service

$15.00

501.20

13.1895

Grade 3 - Third Year Of Service

$15.00

510.70

13.4395

DIVISIONAL THERAPIST

 

 

 

First Year Of Service

$15.00

484.00

12.7368

Second Year Of Service

$15.00

508.30

13.3763

Third Year Of Service

$15.00

532.30

14.0079

Fourth Year Of Service

$15.00

554.20

14.5842

Fifth Year Of Service & Thereafter

$15.00

577.20

15.1895

RECREATIONAL ACTIVITIES OFFICER

 

 

 

First Year Of Service

$15.00

497.80

13.1000

Second Year Of Service

$15.00

507.50

13.3553

Third Year Of Service & Thereafter

$15.00

515.50

13.5658

COOK

 

 

 

Grade A

$15.00

501.30

13.1921

Grade B

$15.00

491.30

12.9289

MAINTENANCE SUPERVISOR

 

 

 

Maintenance Supervisor (Tradesman)

$15.00

601.10

15.8184

Maintenance Supervisor (Otherwise) - In

Charge Of Staff

$15.00

565.50

14.8816

Maintenance Supervisor (Otherwise)

$15.00

553.20

14.5579

MOTOR VEHICLE DRIVERS

 

 

 

Grade A - Sedan

$15.00

489.00

12.8684

Grade B - Utility

$15.00

492.30

12.9553

Grade C - Ambulance Or Minibus

$15.00

495.50

13.0395

Grade D - Larger Vehicle Under 5 Ton.

$15.00

497.60

13.0947

Grade E - Truck 5 Tonnes & Over

$15.00

500.50

13.1711

GARDENER

 

 

 

Head Gardener (Qualified)

$15.00

532.70

14.0184

Head Gardener (Otherwise)

$15.00

504.90

13.2868

Gardener (Qualified)

$15.00

492.50

12.9605

Gardener (Otherwise)

$15.00

480.50

12.6447

 

Table 2 - Allowances

 

Item No.

Clause No.

Brief Description

Amount $

1

9(c)

Recall - use of own vehicle

63.2 cents per km

2

9(h)(i)

Overtime - breakfast

7.55 per shift

3

9(h)(ii)

Overtime - luncheon

8.82 per shift

4

9(h)(iii)

Overtime - evening meal

12.60 per shift

5

11(a)(iv)

Sleepover allowance

28.10 per night

6

11(b)(i) 11(b)(ii)

Driving allowance

3.35 per week

3.35 per shift

7

11(c)(i)

Cleaning scraping - confined spaces

0.35 per hour

8

11(c)(ii)

Cleaning scraping - boiler flue

0.58 per hour

9

11(c)(iv)

Linen handling - nauseous linen

0.16 per hour

10

11(d)(i)

Travelling allowance

63.2 cents per km

11

11(e)(i)

On Call allowance

11.15 per shift

12

11(f)(i)

Flexibility allowance

5.40 per shift in excess of 5 hours

13

22(d)

Uniform allowance

2.79 per week

14

22(d)

Cardigan or special shoe allowance

1.11 per week

15

22(e)

Laundry allowance

2.79 per week

 

 

 

P. J. SAMS  D.P.

 

 

 

___________________

 

 

 

Printed by the authority of the Industrial Registrar.

 

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