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.