PRIVATE HOSPITAL INDUSTRY NURSES' (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1208 of 2001)
Before Mr Deputy
President Grayson
|
13 June
2001
|
REVIEWED AWARD
Clause No. Subject Matter
23 Annual Leave and Public Holidays
24 Annual Leave Loading
43 Anti-Discrimination
1 Arrangement
45 Area, Incidence and Duration
41 Attendance at Meetings and Fire Drills
12 Average Occupied Beds
38 Award Benefits to be Continuous
6 Banking of Hours
27 Compassionate Leave
3 Definitions
32 Deputy Director of Nursing, Assistant Directors
of Nursing
35 Domestic Work
31 Escort Duty
40 Exemptions
15 Fares and Expenses
18 Higher Grade Duty
5 Hours of Work and Free Time of Directors of
Nursing
4 Hours of Work and Free Time of Employees
Other Than Directors of Nursing
36 Labour Flexibility
44 Leave Reserved
26 Long Service Leave
34 Medical Examination of Nurses
2 No Extra Claims
19 Overtime
22 Part-time, Casual and Temporary Employees
20 Payment and Particulars of Salaries
14 Penalty Rates for Shift Work and Weekend Work
8 Pilot Roster Projects
33 Proportion
11 Recognition of Service and Experience
21 Registration or Enrolment Pending
42 Resolution of Disputes
39 Right of Entry
7 Rosters
9 Salaries
25 Sick Leave
13 Special Allowances
30 Special Provisions Relating to Trainee Enrolled
Nurses
29 Staff Amenities
28 State Personal/Carer’s Leave
16 Telephone Allowance
37 Termination of Employment
10 Transitional Arrangements - Registered Nurse
Incremental Scale
17 Uniforms and Laundry Allowances
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates
and Allowances
2. No Extra
Claims
It is a term of this award that the Association undertakes,
until 30 June 2002, not to pursue any extra claims, award or over award, except
where consistent with the current wage-fixation principles.
3. Definitions
Unless the context otherwise indicates or requires the several
expressions hereunder defined shall have the respective meanings assigned to
them:
(i) "Industry
of Nursing" means the industry of persons engaged in New South Wales in
the profession of nursing in private hospitals.
(ii) "Hospital"
means a private hospital as defined by the Private Hospitals and Day
Procedure Centres Act 1988.
(iii) "Board"
means the Nurses' Registration Board of New South Wales.
(iv) "Trainee
Enrolled Nurse" means a person who is being trained to become an enrolled
nurse in a hospital approved for this purpose by the Board.
(v) "Assistant
in Nursing" means a person, other than a registered nurse, student nurse,
trainee enrolled nurse, or enrolled nurse, who is employed in nursing duties in
a hospital.
(vi) "Enrolled
Nurse" means a person enrolled by the Board as such.
(vii) Clinical Nurse
Specialist
"Clinical Nurse Specialist" means a registered
nurse with relevant post-basic qualifications and 12 months’ experience working
in the clinical area of his/her specified post-basic qualification, or a
minimum of four years’ post-basic registration experience, including three
years’ experience in the relevant specialist field and who satisfies the local
criteria.
(viii) "Nursing
Unit Manager" means a registered nurse in charge of a ward or unit or
group of wards or units in a hospital shall include:
"Nursing Unit Manager Level 1" whose
responsibilities include:
(a) Co-ordination
of Patient Services
• Liaison with
all health care disciplines for the provision of services to meet patient
needs.
• The
orchestration of services to meet patient needs after discharge.
• Monitoring
catering and transport services.
(b) Unit
Management
• Implementation
of hospital policy.
• Dissemination
of information to all personnel.
• Ensuring environmental
safety.
• Monitoring
the use and maintenance of equipment.
• Monitoring
the supply and use of stock and supplies.
• Monitoring
cleaning services.
(c) Nursing Staff
Management
• Direction,
co-ordination and supervision of nursing activities.
• Training,
appraisal and counselling of nursing staff.
• Rostering
and/or allocation of nursing staff.
• Development
and/or implementation of new nursing practice according to patient need.
"Nursing Unit Manager Level 2" whose
responsibilities in relation to patient services, ward or unit management and
staff management are in excess of those of a Nursing Unit Manager Level 1.
"Nursing Unit Manager Level 3" whose
responsibilities in relation to patient services ward or unit management and
staff are in excess of those of a Nursing Unit Manager Level 2.
(ix) "Clinical
Nurse Educator" means a registered nurse with relevant post registration
certificate qualifications or experience deemed appropriate by the employer,
who is required to implement and evaluate educational programmes at the
ward/unit level. The Clinical Nurse
Educator shall cater for the delivery of clinical nurse education in the
ward/unit level only.
A nurse will achieve Clinical Nurse Educator status on a
personal basis by being required by the Hospital to provide the educational
programmes detailed above.
Nothing in this clause shall affect the role carried out by
the Clinical Nurse Specialist as a specialist resource and the Clinical Nurse
Consultant in the primary role of clinical consulting, researching etc.
(x) "Nurse
Educator" means a registered nurse with a post registration certificate,
who has relevant experience or other qualifications, deemed appropriate by the
employer who is appointed to a position of Nurse Educator.
A Nurse Educator shall be responsible for the development,
implementation and delivery of nursing education programmes within a hospital
or group of hospitals. Nurse education
programmes shall mean courses conducted such as post registration certificates,
continuing nurse education, new graduate orientation, post registration
enrolled nurses courses and where applicable general staff development courses.
A person appointed to a position of Nurse Educator who holds
relevant tertiary qualification in education or tertiary postgraduate
specialist clinical nursing qualifications shall commence on the 3rd year rate
of the salary scale.
A person appointed as the sole nurse educator for a hospital
or group of hospital shall be paid at the 3rd year rate of the salary scale.
Incremental progression for Nurse Educators' shall be on
completion of 12 months' satisfactory service subject that progression shall
not be beyond the 3rd year rate unless the person possesses the qualifications
detailed in the two previous paragraphs.
Persons appointed to the 3rd year rate by virtue of paragraphs 3 and 4
above shall progress to the 4th year rate after completion of 12 months'
satisfactory full time service.
(xi) "Senior
Nurse Educator" means a registered nurse with a post registration
certificate or appropriate qualifications, who has, or is working towards
recognised tertiary qualifications in education or equivalent and has
demonstrated experience and skills in the field of education appointed to a
position of Senior Nurse Educator.
A Senior Nurse Educator shall be responsible for one or more
Nurse Educators in the planning, co-ordination, delivery, and evaluation of
educational programmes such as post registration certificate courses,
continuing nurse education, new graduate orientation, post registration
enrolled nurses courses and where applicable general staff development courses
either on a hospital or group of hospitals basis.
Incremental progression shall be on completion of 12 months'
satisfactory service.
(xii) "Clinical
Nurse Consultant" means a registered nurse appointed as such to the
position of, whose had at least five years post-basic registration experience
and who has in addition approved post-basic nursing qualifications relevant to
the field in which they are appointed or such other qualifications or
experience deemed appropriate by the employer.
(xiii) "Assistant
Director of Nursing" means:
(a) A person
appointed as such in a hospital where the adjusted daily average of occupied
beds is not less than 150 and includes a person appointed as the nurse in
charge during the evening or night in a hospital where the adjusted daily
average of occupied beds is not less than 150.
(b) A person
appointed to be a registered nurse in charge of all theatres in a hospital having
four or more major theatres in regular use.
(c) A person
appointed as such to a position approved by the employer including persons
appointed to be in charge of the administration of a group of wards or
department of a hospital including a community nursing department.
(xiv) "Subsidiary
Hospital Director of Nursing" means a person who is in charge of a
subsidiary hospital which is under the management of the main hospital but
which is detached there from and is substantially separately administered.
(xv) "Day
Worker" means a worker who works their ordinary hours from Monday to
Friday inclusive and who commences work on such days at or after 6.00 am and
before 10.00 am otherwise than as part of the shift system.
(xvi) "Deputy
Director of Nursing" means a person appointed to that position or deemed
to hold that position pursuant to Clause 32, Deputy Director of Nursing and
Assistant Director of Nursing, of this award.
(xvii) "Director
of Nursing" includes a registered nurse who is registered by their
employer with the Health Administration Corporation of New South Wales as the
person in charge of the hospital. There
shall be only one person in each hospital entitled to be classified as Director
of Nursing or whatever title the Senior Nursing Administrator is known by an
individual hospitals.
(xviii) "Experience"
in relation to a trainee enrolled nurse, enrolled nurse, or assistant in
nursing means experience before and/or after the commencement of this award
whether within New South Wales or elsewhere and in the case of a trainee
enrolled nurse, enrolled nurse or assistance in nursing who was formerly a
student nurse includes experience as such student nurse.
For the purpose of determining the year of experience for
part time or casual employment a year of experience shall be 1976 hours of
employment.
(xix)
(a) "Service"
for the purpose of clause 9, Salaries, means service before or after the
commencement of this award in New South Wales or elsewhere as a registered
nurse, provided that all service recognised prior to the commencement of this
award shall continue to be recognised.
(b) To the
foregoing shall be added any actual periods on and from January 1971 during
which a registered nurse undertook a post-basic course whilst an employee of
and rendering service in an institution or hospital and such course is
recognised by the Board or acceptable to the Health Administration Corporation
of New South Wales, or is one of the following certificate or diploma courses:
Associate Diploma in Community Health - College of Nursing,
Australia; NSW College of Nursing.
Associate Diploma in Nursing Administration - College of
Nursing, Australia; NSW College of Nursing.
Associate Diploma in Nursing Education - College of Nursing,
Australia; NSW College of Nursing; Newcastle College of Advanced Education.
Certificate in Operating Theatre Management - NSW College of
Nursing, Australia.
Certificate in Operating Theatre Technique - College of
Nursing, Australia.
Certificate in Coronary Care - NSW College of Nursing.
Certificate in Orthopaedic Nursing - NSW College of Nursing.
Certificate in Ward Management - NSW College of Nursing.
Midwife Tutor Diploma - College of Nursing, Australia, or
Central Midwives Board, London.
Occupational Health Nursing Certificate - NSW College of
Nursing.
Provided that no more than three such courses shall count as
service.
A reference to the New South Wales College of Nursing in
this award shall be deemed to be a reference also to the School of Nursing
Studies, Cumberland College of Health Sciences.
(c) For the
purpose of determining the year of service for part time or casual employment a
year of service shall be 1976 hours of employment.
(xx) "Shift
Worker" means a worker who is not a day worker as defined.
(xxi) "Association"
means the New South Wales Nurses' Association.
4. Hours Of Work
And Free Time Of Employees Other Than Directors Of Nursing
(i) The ordinary
hours of work for day workers, other than Directors of Nursing, exclusive of
meal times, shall be 152 hours per 28 calendar days to be worked Monday to
Friday inclusive and to commence on such days at or after 6.00 am and before
10.00 am.
(ii) The ordinary
hours of work for shift workers, other than Directors of Nursing, exclusive of
meal times, shall not exceed an average of 38 hours per week in each roster
cycle.
(iii)
(a) The hours of
work prescribed in subclauses (i) and (ii) of this clause shall, where
possible, be arranged in such a manner, that in each roster cycle of 28
calendar days each employee shall not work their ordinary hours or work on more
than nineteen days in the cycle, but this shall not apply to students in block.
(b) Notwithstanding
the provision of paragraph (a) of this subclause, employees may, with the
agreement of the employer work shifts of less than 8 hours each over 20 days in
each cycle of 28 days.
(c) Provided that
on the occasion of an employee's written request, and with the consent of the
employer, a 9.5 day fortnight may be worked instead of the 19-day month.
(iv) Except where
authorised by subclause (xix) of this clause, each shift shall consist of no
more than 10 hours on a day shift or 11 hours on a night shift with not less
than 8 hours break between each shift; provided that an employee shall not work
more than 7 consecutive shifts unless the employee so requests and the Director
of Nursing agrees. An employee shall
not work more than two (2) quick shifts in any period of 7 days.
A quick shift is an evening shift which is followed by a
morning shift.
(v) The employer is
to decide when employees take their additional days off duty prescribed by
subclause (iii) of this clause (as a consequence of the implementation of the
38 hour week). Where necessary the employer must consult with the affected
employees to ascertain the employees’ preferences and must take any such
preferences into account when arriving at a decision. Where practicable
additional days off duty shall be consecutive with the rostered days off duty
prescribed in subclause (xiv) of this clause.
(vi) Once set, the
additional days off may not be changed except in accordance with the provisions
of Clause 7, Rosters.
(vii) Where the
employer’s decision (in accordance with subclause (v) of this clause) is that
an employee’s additional days off be accumulated, no more than 6 days may be
accumulated in any one year of employment. By mutual agreement this may be
extended to no more than 12 days at any one time.
(viii) Except for
breaks for meals the hours of duty each day shall be continuous. Provided, that in the case of permanent
part-time employees, an employer may apply to the New South Wales Nurses'
Association for an exemption from this provision, and from subclause (iv) of
this clause with regard to the span of hours only, to enable an additional
break of no more than 4 hours. In any
event, the span of hours shall not exceed 12 hours.
(ix)
(a) Each employee
shall be allowed a break of not less than thirty minutes and not more than
sixty minutes for each meal occurring on duty.
(b) Where
practicable, employees shall not be required to work more than 5 hours without
a meal break. Provided that where
practicable an employee engaged to work for 5 hours or less in any one shift
may elect not to take a meal break as otherwise provided for by this subclause
without penalty to the employer. The
term where practicable' encompasses regard being paid to the service
requirements of the employer.
(x) Two separate
ten-minute intervals (in addition to meal breaks) shall be allowed each
employee on duty during each ordinary shift of 8 or 10 hours as the case may
be. Subject to agreement between the
employer and the employee, such intervals may alternatively be taken as one
twenty-minute interval, or by one 10-minute interval with the employee allowed
to proceed off duty 10 minutes before the completion of the normal shift
finishing time. Such interval(s) shall
count as working time.
(xi)
(a) Subclauses
(ix) and (x) of this clause shall not apply to an employee who, before going on
night duty, is provided with a meal between 9.00 pm and 11.00 pm and who is
allowed two intervals of twenty minutes each during the period of night duty
but such intervals shall count as working time and shall be paid for as such.
(b) Where an
employee is required to change into a uniform or a specified type of garment at
the employer's premises they shall be allowed ten minutes for such a purpose
and such time shall be counted as working time and paid for as such.
(xii)
(a) Except as
provided for in paragraph (b) an employee shall not be employed on night duty
for a longer period than 8 consecutive weeks.
After having served a period of night duty an employee shall not be
required to serve a further period on night duty until they have been off night
duty for a period equivalent to the previous period on night duty.
(b) The provisions
of paragraph (a) shall not apply to an Assistant Director of Nursing, a Nursing
Unit Manager or a general nurse in charge, as the case may be, who is employed
permanently in charge at night nor to an employee who requests to be employed
on night duty and the Director of Nursing consents.
(c) Moreover
except in cases of emergency a trainee enrolled nurse shall not be employed on
night duty for more than 10 weeks in any one year of training nor shall a
trainee enrolled nurse who is sitting for his or her final examination be
required to perform night duty during a period of at least two weeks prior to
the respective examination or on the two nights following such examination.
(xiii) An employee
changing from night duty to day duty or from day duty to night duty shall be
free from duty during the twenty hours immediately preceding the commencement
of the changed day.
(xiv)
(a) Each employee
shall be free from duty for not less than two full days in each week or four
full days in each fortnight or eight full days in each twenty-eight (28) day
cycle and no duties shall be performed by the employee on any of such free days
except for overtime. Where practicable,
days off shall be consecutive and shall not be preceded by an evening shift or
a night shift unless an additional eight hours are granted as sleeping
time. An evening shift shall be one
which commences at or after 1.00 pm and before 4.00 pm.
(b) An employee,
at her or his request, may be given free from duty time in one or more periods
but no period shall be less than one full day.
(c) For the
purpose of this subclause "full day" means from midnight to midnight
or midday to midday.
(xv)
(a) Employees may
be required to remain on call. Any such
time on call shall not be counted as time worked (except insofar as an employee
may take up actual duty in response to a call), but shall be paid for in
accordance with Clause 13, Special Allowances, of this award: Provided,
however, no employee shall be required to remain on call whilst on leave or on
the day before entering upon leave.
(b) No employee
shall be required to remain on call whilst on a rostered day off nor on
completion of the shift on the day preceding a rostered day off. This provision shall not apply where in
special circumstances it is necessary for an employer to place staff on call on
rostered days off or on completion of the shift on the day preceding a rostered
day off in order to ensure the provision of services.
(xvi) All rostered
time off duty occupied by a trainee enrolled nurse in attendance at lectures
and demonstrations given in the course of instruction in the theory and
practice of nursing or during the time necessarily occupied in attending at and
sitting for prescribed examinations shall be deemed to be time worked.
(xvii) An employer
shall not alter the period over which the ordinary hours of work of employees
are balanced except upon giving one month's notice of their intention so to do
to the Industrial Registrar and to the Association.
(xviii) The provisions
of paragraphs (a) and (b) of subclause (xii) and of subclause (xiii) and of
paragraph (a) of subclause (xiv) of this clause, shall not apply if the
employee is required to perform duty to enable the nursing service of the employer
to be carried on or where another employee is absent from duty on account of
illness or in an emergency.
(xix) The following
criteria shall apply to the introduction of 12 hour shifts:
(a) 12 hour shifts
will only be introduced in units where there has been full consultation with
the staff affected and a majority of the staff affected agree to the
introduction of the proposed 12 hour shift system;
(b) any employee
who does not wish to work under the 12 hour shift system may work a mutually
agreed alternative shift system in the unit affected or may transfer to another
mutually agreed position within the facility with no loss of classification and
contracted hours;
(c) the span of
hours must not exceed 12.5 hours;
(d) there must be
a maximum of three consecutive night shifts which include one or more 12 hour
shifts;
(e) there must be
a minimum break of 11.5 hours rostered between each 12 hour shift;
(f) employees
must be allowed either two 30 minutes or one 60 minutes meal break. In addition
to the meal breaks employees must be allowed either two 10 minute or one 20
minute paid tea break;
(g) the employer
must notify the Association of the implementation of the 12 hour shifts at
least one month prior to commencing the new arrangements. The details of that
notification must indicate the number of staff involved, the section of the
hospital involved and the award provisions which need to be overridden.
(h) there must be
an evaluation process at the completion of the first 12 months, or sooner if
the employer and affected employees agree. The evaluation process must involve
representatives of employees and the employer. Aspects which are to be
considered in the evaluation process are to include occupational health and
safety data, sick leave patterns and the frequency of overtime.
(i) the
Association is to be notified of the outcome of the evaluation process;
(j) nothing
contained in this subclause shall prevent an individual employee and their
employer reaching mutual agreement to that individual working 12 hour shifts.
5. Hours Of Work
And Free Time Of Directors Of Nursing
This clause does not apply to part-time employees.
(i) A Director of
Nursing shall be free from duty for not less than 9 days in each 28 consecutive
days and such days free from duty may be taken in one or more periods.
(ii) If any of the
days mentioned in subclause (i) of this clause cannot be taken by reason of
emergency, such day or days shall be given and taken within 28 days of becoming
due.
(iii) A Director of
Nursing shall, where practicable, inform his or her employer giving not less
than seven days' notice of the days he or she proposes to be free from duty;
provided that such days shall be subject to the approval of the employer, and
such approval shall not be unreasonably withheld.
6. Banking Of
Hours
(i) A full time
or part time employee may, by agreement made daily, weekly or fortnightly with
their NUM or DON:
(a) work less than
their daily, weekly or fortnightly rostered or contracted hours and work those
hours at a later date; or
(b) work more than
their daily, weekly or fortnightly rostered or contracted hours and take time
off in lieu of payment, or may set off the additional hours worked against any
owing under (i) above.
(ii) An employee
who works less than their rostered or contracted hours shall be paid as if
those hours had been worked during the relevant period, including payment for
any weekend or shift penalties that would otherwise have been due for the time
not worked.
(iii) An employee
who works more than their rostered or contracted hours shall not receive
payment for any weekend or shift penalties that would otherwise have been due
for that extra time worked.
(iv) Time debited
or credited under these arrangements shall all be at ordinary time, i.e. an
hour for an hour.
(v) An employee
may not have more than 76 hours in debit or credit at any point in time.
(vi) Employees who
have hours in debit must be given first option to work additional hours prior
to the use of casual employees.
(vii) Each hospital
must keep detailed records of all hours credited and debited to employees under
these arrangements. Employees must have full access to these records.
(viii) On termination
of employment the employer must pay the employee for all hours in credit and
may deduct from termination pay the value of any hours in debit.
(ix) Either party
shall have the right to terminate an agreement under this clause with two weeks
notice.
7. Rosters
(i) The ordinary
hours of work for each employee, other than the Director of Nursing and casual
employees, shall be displayed on a roster in a place conveniently accessible to
employees.
(ii) The roster
shall be displayed where practicable at least two weeks prior, but in any event
not less than one week prior, to the commencing date of the first working
period in the roster. Provided that in the case of a permanent part-time
employee whose hours are balanced over 4 weeks, the roster shall be displayed
where practicable, at least 4 weeks prior to the commencing date of the first
working period in the roster but in any event not less than one week prior, to
the commencing date of the first working period in the roster.
(iii) Notwithstanding
the foregoing provisions of this clause, a roster may be altered at any time to
enable the nursing service of the hospital to be carried on where another
employee is absent from duty on account of illness or in an emergency: Provided
that where any such alteration involves an employee working on a day which
would otherwise have been such employee's day off, the day off in lieu thereof
shall be as mutually arranged.
(iv) Prior to the
date of the changed shift, such change of roster shall be notified verbally or
in writing to the employee concerned.
(v) An employee
may change their roster at short notice, with the agreement of their unit
manager or Director of Nursing for any reasonable ground.
(vi) An employer
may change an employee’s roster at short notice, with the agreement of the
employee, for any reasonable ground including unexpected situations and
unforseen fluctuations in patient dependency.
(vii) Where an
employee is entitled to an additional day off duty in accordance with Clause 4,
Hours of Work and Free Time of Employees other than Directors of Nursing, of
this award, such day is to be shown on the roster of hours for that employee.
(viii) All rosters
shall be retained for at least six years.
8. Pilot Roster
Projects
(i) Notwithstanding
any other provision of this award, Pilot Roster Projects for the purposes of
trialing flexible roster practices may be implemented on the following basis:
(a) The terms of
the Pilot Roster Project shall be agreed in writing between the employer and
the Association on behalf of the nurses participating in the project. Provided that the Association shall not
unreasonably refuse to agree to, or unreasonably delay in responding to, a
Pilot Roster Project proposed by an employer.
(b) The terms
shall include
(1) the duration
of the project; and
(2) the conditions
of the project, and
(3) the award
provisions required to be overridden in order to implement the project; and
(4) review
mechanisms to assess the effectiveness of the project.
(c) Whilst the
Pilot Roster Project is being conducted according to its terms, the employer
shall not be deemed to be in breach of the award by reason alone of
implementing the project.
(d) Any purported
Pilot Roster Project which does not comply with this clause is not a Pilot
Roster Project for the purposes of this clause and in particular no employer
shall be able to claim the benefit of subclause (c) when implementing such
project.
(ii) The
Association agrees to participate in a review of the operation of this clause,
if requested by a party to the making of this award.
9. Salaries
(i) The minimum
salaries per week shall be as set out in Table 1 - Salaries, of Part B,
Monetary Rates.
(ii) In relation
to the salaries of Deputy Director of Nursing and Director of Nursing,
"beds" means adjusted daily average of occupied beds; in relation to
the salary of Subsidiary Hospital Director of Nursing, "beds" means
the adjusted daily average of occupied beds in the subsidiary hospital.
10. Transitional
Arrangements - Registered Nurse Incremental Scale
(i) For the
purposes of this clause "transitional date" means the first pay
period commencing on or after 1 March 1997.
(ii) The year of
service for the purpose of the incremental scale for a registered nurse
employed at the transitional date shall be determined by locating the
registered nurse’s current year of service on the incremental scale in Column A
of the Transitional Table in subclause (iv).
The registered nurse’s incremental year of service shall be deemed to be
the year of service appearing opposite in Column B of the Transitional
Table. Provided that a registered nurse
with eight or more actual years of service shall be placed on the eighth year
of service in Column B of the Transitional Table.
(iii) Registered
nurses who commence employment with an employer after the transitional date
shall have their year of service determined as if they were employed by the
employer at the transitional date. That
is; the transitional arrangements shall apply to all periods of employment,
under this award, which commence on or after the transitional date.
(iv) Transitional
Table:
Column A
|
Column B
|
|
|
(Old incremental
scale)
|
(New incremental
scale)
|
First year of service
|
First year of service
|
Second year of service
|
First year of service
|
Third year of service
|
Second year of service
|
Fourth year of service
|
Third year of service
|
Fifth year of service
|
Fourth year of service
|
Sixth year of service
|
Fifth year of service
|
Seventh year of service
|
Sixth year of service
|
Eighth year of service
|
Seventh year of service
|
UGI
|
Eighth year of service
|
Note: For the purposes of the old incremental scale only,
a
|
|
registered nurse who has obtained an appropriate degree in
|
|
Nursing or Applied Science (Nursing) or Health Studies
(Nursing)
|
|
(referred to for the purposes of this clause as a
"UGI"
|
|
qualification) shall enter the incremental scale on the
second year
|
|
of service.
|
|
(v) The year of
service determined by this clause shall be year of service only for the
purposes of clause 9 Salaries. In
particular this clause shall not affect the definition of service for the
purposes of clause 23, Annual Leave; clause 25, Sick Leave or clause 26, Long
Service Leave.
(vi) A registered
nurse’s anniversary date for the purpose of moving to the next year of service
is not affected by this clause.
11. Recognition Of
Service And Experience
(i) The employer
shall notify each nurse in writing of the requirements of this clause at the
time of the nurse's commencement of employment. If the employer does not so notify the nurse then the
requirements of this clause shall not commence until the employer does so
notify the nurse.
(ii) From the time
of commencement of employment the nurse has three months in which to provide
documentary evidence to their employer detailing any other `service' or
`experience', as defined in Clause 3, Definitions, not disclosed at the time of
commencement. This evidence, in the
absence of other documentary evidence may take the form of a statutory
declaration.
(iii) Until such
time as the nurse furnishes any such documentation contemplated in (ii) above
the employer shall pay the nurse at the level for which documentary evidence
has been provided.
(iv) If within
three months of commencing employment a nurse does provide documentary evidence
of other previous service or experience not disclosed at the time of commencement,
the employer shall pay the nurse at the appropriate rate as and from the date
of commencement that would have been paid from that date had the additional
evidence been provided at that time.
(v) If a nurse
provides documentary evidence of other previous service or experience not
disclosed at the time of commencement after the said three months period, the
nurse shall be paid a rate appropriate for the previous service or experience
then proved but only from the date of providing that evidence to the employer.
(vi) A nurse who is
working as a nurse for more than one organisation shall notify each employer
under this award within one month of the end of each quarter of their hours of
service or experience, as appropriate, worked with those other employers in the
last quarter.
(vii) A nurse who is
entitled to progress to the next year of service or experience (by reason of
hours worked with other employers) as and from a particular date must provide
documentary evidence of that entitlement within three months of that
entitlement arising. If that proof is
so provided the nurse shall be paid at the higher rate as and from the
particular date. If the documentary
evidence is provided outside that three month period the nurse shall be paid at
the higher rate only from the date of proof.
12. Average
Occupied Beds
For the purpose of ascertaining the adjusted daily average
of occupied beds of a hospital, each newly born baby shall count as one half
patient and 700 registered outpatients per annum shall count as one occupied
bed. The average shall be taken for the
twelve months ended on the 30 June in each and every year and such average
shall relate to the salary of the succeeding year. Each employer shall furnish to the Association, by prepaid letter
posted on or before the 31 July in each year, a statement in writing showing
the adjusted daily average of occupied beds for the twelve months ending on the
preceding 30 June.
13. Special
Allowances
(i)
(a) A registered
nurse in charge during the day, evening or night of a hospital having a daily
average of occupied beds of less than 100 shall be paid, in addition to her or
his appropriate salary, whilst so in charge, the sum set out in Item 1 of Table
2 - Other Rates and Allowances, of Part B Monetary Rates, per shift.
(b) A registered
nurse in charge of a shift in a ward or unit during the day, evening or night
in the absence of the Nursing Unit Manager shall be paid, in addition to her or
his appropriate salary whilst so in charge the sum set out in Item 2 of Table
2, per shift. This subclause shall only apply where the registered nurse is in
charge of one or more other nurses in the ward or unit in question.
(c) This subclause
shall not apply to registered nurses holding classified positions of a higher
grade than that of registered nurse.
(ii)
(a) An employee
required by their employer to be on call otherwise than as provided for in
paragraph (b) shall be paid the sum set out in Item 3 of Table 2 for each
period of 24 hours or part thereof provided that only one allowance shall be
payable in any period of 24 hours.
(b) An employee
required to be on call on rostered days off in accordance with subclause
(xv)(b) of Clause 4 shall be paid the sum set out in Item 4 of Table 2 for each
period of 24 hours or part thereof provided that only one allowance shall be
payable in any period of 24 hours.
(c) An employee
who is directed to remain on call during a meal break shall be paid an
allowance of the sum set out in Item 5 of Table 2 provided that no allowance
shall be paid if, during a period of 24 hours including such period of on call,
the employee is entitled to receive the allowance prescribed in (a) above. If an employee is recalled to duty during
such meal break, they shall be paid at overtime rates for the total period of
the meal break.
(d) Where an
employee on remote call leaves the hospital and is recalled to duty, they shall
be reimbursed all reasonable fares and expenses actually incurred provided that
where an employee uses a motor car in these circumstances the allowance payable
shall be the transport rate prescribed from time to time by the NSW Health
Department. The provisions of this
paragraph shall apply to all employees.
(e) This subclause
shall not apply to a Director of Nursing, Subsidiary Hospital Director of
Nursing, Deputy Director of Nursing or Assistant Director of Nursing.
(iii)
(a) Where a
Director of Nursing is required by the hospital to perform radiographic duties
they shall be paid in addition to their appropriate salary an allowance of the
sum set out in Item 6 of Table 2 per week.
(b) The allowance
prescribed by paragraph (a) of this subclause shall apply to an employee who
relieves the Director of Nursing for a period of one week or more.
(c) An employee
who is performing radiographic duties in the absence of the Director of Nursing
for a period of less than one week shall be paid in addition to his or her
appropriate salary a daily allowance of the sum set out in Item 7 of Table 2;
provided that the maximum allowance per week payable in accordance with this
paragraph shall not exceed the sum set out in Item 8 of Table 2.
(d) The allowance
prescribed by this subclause shall be regarded as part of the salary for the
purpose of this award.
(e) Provided that
this allowances provided for in this subclause shall only be paid to employees
who had been in receipt of the allowance prior to 1 July 1996.
(iv) An employee
required to wear a lead apron shall be paid an allowance of the sum set out in
Item 9 of Table 2 for each hour or part thereof that they are required to wear
the said apron.
(v)
(a) A registered
nurse who is designated to be in-charge of a ward or unit when the Nursing Unit
Manager is not rostered for duty and who is also designated to be in-charge of
a hospital with less than 100 beds during the day, evening or night on the same
shift shall be paid an allowance per shift of the sum set out in Item 10 of
Table 2. This subclause shall only apply where the registered nurse is in
charge of one or more other nurses in the ward or unit in question.
(b) This subclause
shall not apply to registered nurses holding classified positions of a higher
grade than of a registered nurse.
14. Penalty Rates
For Shift Work And Weekend Work
(i) Employees
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift: Provided that employees who work
less than 38 hours per week shall only be entitled to the additional rates
where their shifts commence prior to 6.00 am or finish subsequent to 6.00 pm.
Afternoon shift commencing at 10.00 am and before 1.00 pm -
10%
Afternoon shift commencing at 1.00 pm and before 4.00 pm -
12.5%
Night shift commencing at 4.00 pm and before 4.00 am - 15%
Night shift commencing at 4.00 am and before 6.00 am - 10%
(ii) "Ordinary
rate" and "ordinary time" shall not include any percentage
addition by reason of the fact that an employee works less than 38 hours per
week but shall include amounts payable under Clause 9, Salaries; and Clause 13,
Special Allowances subclause (iii).
(iii) For the
purposes of this clause day, afternoon and night shifts shall be defined as
follows:
"Day Shift" means a shift which commences at or
after 6.00 am and before 10.00 am.
"Afternoon shift" means a shift which commences at
or after 10.00 am and before 4.00 pm.
"Night Shift" means a shift which commences at or
after 4.00 pm and before 6.00 am on the day following.
(iv) Employees
whose ordinary working hours include work on a Saturday and/or Sunday shall be
paid for ordinary hours worked between midnight on Friday and midnight on
Saturday at the rate of time and one half and for ordinary hours worked between
midnight on Saturday and midnight on Sunday at the rate of time and three
quarters. These extra rates shall be in
substitution for and not cumulative upon the shift premiums prescribed in the
subclause (i) of this clause.
The foregoing paragraph shall apply to employees who work
less than 38 hours per week, but such employees shall not be entitled to be
paid in addition any allowance prescribed by Clause 22, Part-time, Casual and
Temporary Employees, of this award in respect of their employment between
midnight on Friday and midnight on Sunday.
(v) The additional
payments prescribed by this clause shall not form part of the employee's
ordinary pay for the purposes of this award, except as provided in Clause 23,
Annual Leave, of this award.
(vi)
(a) This subclause
shall only apply to nurses who work an entire ordinary time shift in a discrete
designated day procedure ward or unit which routinely functions between the
hours of 7.00 am and 6.00 pm.
(b) This subclause
shall not apply to any nurse whose employment commenced prior to 15 December
1994 and who has been employed on a continuous basis since that date.
(c) A nurse to
whom this subclause applies shall not be entitled to an additional penalty rate
payment for ordinary time worked prior to 6.00 pm on any week day.
(d) A nurse to
whom this subclause applies shall be paid, in addition to their ordinary rate,
a penalty payment at the rate of 15% for all ordinary time worked after 6.00 pm
on any week day.
15. Fares And
Expenses
(i) A student
nurse or trainee enrolled nurse sitting for an examination prescribed by the
Board and required to travel from the home centre to an examination centre
shall be paid by the employer all fares necessarily incurred in such
travelling, and if it is reasonably necessary for each student nurse or trainee
enrolled nurse to sleep away from such home centre the employer shall pay in
addition to the fares the cost of reasonable accommodation and meals. "Home Centre" means the town in
which is situated the hospital at which such student nurse or trainee enrolled
nurse is employed.
(ii) An employee
required to travel in the performance of duty shall be paid all reasonable out
of pocket expenses (including fares).
(iii)
(a) An employee
who is engaged for an indefinite period and who remains in the employment for
at least six months shall be reimbursed forward fares from the place of
engagement; provided that the distance of normal travel there from to the
employment exceeds 40 kilometres.
(b) An employee
who is engaged for an indefinite period and who is dismissed within six months
for any reason other than misconduct or inefficiency shall be reimbursed
forward fares from the place of engagement; provided that the distance of
normal travel there from to the employment exceeds 40 kilometres; and shall
also be reimbursed return fares to such place of engagement or the employee's
immediate destination, whichever is the cheaper.
(iv) An employee
who is engaged for a definite period and who completed the period of engagement
or who is dismissed before completing such period for any reason other than
misconduct or inefficiency shall be reimbursed also return fares to such place
of engagement or to the employee's immediate destination, whichever is the
cheaper.
(v) Subclauses
(iii) and (iv) of this clause shall not apply to, trainee enrolled nurses or to
nurses travelling to a hospital for post-graduate training.
(vi) Fares within
the meaning of this clause shall include only fares incurred in respect to
travel within New South Wales.
(vii) An employee
who claims reimbursement of fares, pursuant to this clause, shall furnish to
the employer, if so required, satisfactory proof that they have not received
from another employer reimbursement in respect of those fares.
16. Telephone
Allowance
If an employee is required, for the purpose of their
employment, to be on call on a regular basis or where an employee is required
by their employer to have a telephone installed for the purpose of their
employment the employer shall be responsible for the following payments:
(a) Where the
employee already has a telephone installed:
(i) three
quarters of the cost of rental of the telephone;
(ii) the cost of
all official STD and mobile phone calls.
(b) Where the
employee does not have the telephone installed:
(i) the cost of
installation of the telephone;
(ii) three
quarters of the cost of rental of the telephone;
(iii) the cost of
all official STD and mobile phone calls.
Provided that where the employee is provided with a Pager
the employer shall be responsible for the following payments:
(a) one half of
the cost of rental of the telephone;
(b) the cost of
all official STD and mobile phone calls.
17. Uniform And
Laundry Allowances
(i) Subject to
subclause (iii) of this clause, sufficient, suitable and serviceable uniforms,
including one pair of shoes per annum which shall be of a recognised acceptable
standard for the performance of nursing duties, and one cardigan or jacket
shall be supplied free of cost to each employee required to wear a
uniform. An employee to whom a new
uniform or part of a uniform has been issued who, without good reason, fails to
return the corresponding article last supplied shall not be entitled to have
such article replaced without payment therefore at a reasonable price.
(ii) An employee,
on leaving the service of an employer, shall return any uniform or part thereof
supplied by that employer which is still in use immediately prior to leaving.
(iii)
(a) In lieu of
supplying uniforms and shoes to an employee, an employer shall pay the said
employee the sum set out in Item 11 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates, for uniforms and the sum set out in Item 12 of Table 2
for shoes per week.
(b) In lieu of
supplying stockings to a female employee an employer shall pay the said
employee the sum set out in Item 13 of Table 2 per week.
(c) In lieu of
supplying a cardigan or jacket to an employee an employer shall pay the said
employee the sum set out in Item 14 of Table 2 per week.
(d) If, in any
hospital, the uniforms of an employee are not laundered at the expense of the
hospital an allowance of the sum set out in Item 15 of Table 2 shall be paid to
the said employee; provided that the payment of such laundry allowance shall
not be made to any employee on absences exceeding one week.
(e) Where the
employer requires any employee to wear headwear, the hospital shall provide
headwear free of charge to the employee.
(f) In lieu of
supplying socks to an employee the employer shall pay the said employee the sum
set out in Item 16 of Table 2 per week.
(g) The allowances
referred to subclause (iii) are also payable during any period of paid leave.
18. Higher Grade
Duty
(i) An employee
who is called upon to relieve an employee in a higher classification or is
called upon to act in a vacant position of a higher classification shall be
entitled to receive for the period of relief or the period during which they
act the minimum payment for such higher classification.
(ii) The
provisions of subclause (i) shall not apply where the employee being relieved
is absent from duty for a period of three consecutive working days or less
which have been rostered in advance, except where the duties of the higher
position involve being in charge of the facility during the period in question.
(iii) Further, the
provisions of subclause (i) shall not apply where a Director of Nursing is
absent from duty for a period of three working days or less for any reason
other than Clause 5, Hours of Work and Free Time of Directors of Nursing.
19. Overtime
(i) Employees
shall work reasonable overtime when required by the employer.
(ii)
(a) Subject to
paragraph (b) hereof all time worked by employees other than Directors of
Nursing in excess of the rostered daily ordinary hours of work shall be
overtime and shall be paid for at the rate of time and one half for the first
two hours and double time thereafter in respect of each overtime shift worked
or in respect of overtime worked prior to or at the conclusion of a normal
shift. Provided that overtime worked on
Sundays shall be paid for at the rate of double time and on public holidays at
the rate of double time and one half.
(b) All time
worked by permanent part time employees, in excess of the rostered daily
ordinary hours of work prescribed for the majority of full-time employees
employed on that shift in the ward or section concerned shall be paid for at
the rate of time and one half for the first two hours and double time
thereafter except that on Sundays such overtime shall be paid for at the rate
of double time and on public holidays at the rate of double time and one half.
Time worked up to the rostered daily ordinary hours of work
prescribed for a majority of the full-time employees employed on that shift in
the ward or section concerned shall not be regarded as overtime but an
extension of the contract hours for that day and shall be paid at the ordinary
rate of pay.
(iii) The ordinary
hours of work for Directors of Nursing shall be thirty eight hours per week and
shall not, without payment of overtime at the rate of time and one half,
exceed:
(a) 43 hours in
any week; or
(b) 86 hours in
any fortnight; or
(c) 129 hours in
any twenty one consecutive days; or
(d) 172 hours in
any twenty eight consecutive days.
(iv) 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 rate for each time so
recalled. If the work required is
completed in less than four hours, the employee shall be released from duty
provided that this subclause does not apply to a Director of Nursing.
(v) An employee
required to work overtime following on the completion of their normal shift for
more than two hours shall be allowed twenty minutes for the partaking of a meal
and a further twenty minutes after each subsequent four hours overtime. All such time shall be counted as time
worked; provided that benefits of this subclause shall not apply to permanent
part time employees, until the expiration of the normal shift for a majority of
the full-time employees employed on that shift in the ward or section
concerned.
(vi) An employee
recalled to work overtime after leaving the employer's premises and who is
required to work for more than four hours shall be allowed twenty minutes for
the partaking of a meal and a further twenty minutes after each subsequent four
hour's overtime; all such time shall be counted as time worked.
(vii) The meals
referred to in subclauses (v) and (vi) of this clause shall be allowed to the
employee free of charge. Where the
hospital is unable to provide such meals, an allowance per meal of the sum set
out in Item 17 Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,
shall be paid to the employee concerned.
(viii) Where an
employee is required to work an overtime shift on his or her rostered day off,
the appropriate meal breaks for that shift, as prescribed by Clause 4, Hours of
Work and Free Time of Employees other than Directors of Nursing, shall apply.
(ix) If an employee
is recalled to duty during a meal break, they shall be paid at overtime rates
for the total period of the meal break.
(x) An employee
who works so much overtime:
(a) 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
(b) on a Saturday,
a Sunday and a 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 their next day or shift; shall subject to this subclause, be
released after completion of such overtime 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 they then shall be entitled to be absent
until they have had eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
(xi) In lieu of
receiving payment for overtime in accordance with this clause, employees may be
compensated by way of time off in lieu of overtime on the following basis:
(a) Time off in
lieu of overtime must be taken within four months of it being accrued at
ordinary rates.
(b) Where it is
not possible for a nurse to take the time off in lieu of overtime within the
four month period, it is to be paid out at the appropriate overtime rate based
on the rates of pay applying at the time payment is made.
(c) Nurses cannot
be compelled to take time off in lieu of overtime.
(d) Records of all
time off in lieu of overtime owing to nurses and taken by nurses must be
maintained by the employer.
20. Payment And
Particulars Of Salaries
(i) All salaries
and other payments shall be paid weekly or fortnightly, provided that payment
for any overtime worked may be deferred to the pay day next following the
completion of the working cycle within which such overtime is worked, but for
no longer; provided further that the payment of shift and weekend penalties
relating to work performed in the second week of a fortnightly roster period
may be deferred to the pay day next following the completion of the working
cycle within which such shifts were worked, but for no longer.
(ii) Employees
shall have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee. Wages may be initially deposited into the
hospital's own local bank and transferred to each employee's requested
financial institution. Salaries shall
be deposited by hospitals in sufficient time to ensure that wages are available
for withdrawal by employees by no later than pay day, provided that this
requirement shall not apply where employees nominate accounts with non-bank
financial institutions, but in such cases facilities shall take all reasonable
steps to ensure that the wages of such employees are available for withdrawal
by no later than pay day.
(iii) Notwithstanding
the provisions of subclause (ii) of this clause, an employee who has given or
has been given the required notice of termination of employment, in accordance
with Clause 37, Termination of Employment, of this award, shall be paid all
moneys due to them prior to ceasing duty on the last day of employment.
Where an employee is summarily dismissed or their services
are terminated without due notice, any moneys due to them shall be paid as soon
as possible after such dismissal or termination but in any case not more than
three days thereafter.
(iv) On each payday
an employee, in respect of the payment then due, shall be furnished with a
written statement containing the following particulars, namely: name, the
amount of ordinary salary, the total number of hours or overtime worked, if
any, the amount of any overtime payment, the amount of any other moneys paid
and the purpose for which they are paid, and the amount of the deductions made
from the total earnings and the nature thereof.
21. Registration
And Enrolment Pending
(i) A student or
trainee enrolled nurse who has completed the course of training prescribed by
the Board and applied for registration or enrolment shall, upon registration or
enrolment, be paid as from the date of application for registration or
enrolment the salary to which they would have been entitled if registered or
enrolled.
(ii) A nurse or
enrolled nurse who has trained outside New South Wales shall be paid as a
registered nurse or enrolled nurse as and from the date they are notified that
they are eligible for registration or enrolment as a registered nurse or
enrolled nurse provided that they make application for registration within seven
days after being so notified.
(iii) They shall
notify the employer as soon as possible after they have so applied.
22. Part-Time,
Casual And Temporary Employees
PART I - Permanent Part-time Employees
(i)
(a) A permanent
part-time employee is one who is permanently appointed by a facility to work a
specified number of hours which are less than those prescribed for a full-time
employee.
(b) By agreement
between employer and employee, the specified number of hours may be balanced
over a week, a fortnight or four weeks.
Provided that the average weekly hours shall be deemed to be the
specified number of hours for the purposes of accrual of annual leave.
(c) An employee
whose hours are averaged over 4 weeks shall be paid each week or fortnight according
to the employee’s average weekly or fortnightly hours as is appropriate.
(d) Provided
further that there shall be no interruption to the continuity of employment
merely by reason of an employee, whose hours are balanced over a fortnight or
over four weeks, not working in any one week in accordance with paragraph (b).
(ii) Subject to
Part IV of this clause permanent part time employees shall be paid an hourly
rate calculated on the basis of one thirty-eighth of the appropriate rate
prescribed by Clause 9, Salaries, of this award and, where applicable, one
thirty-eighth of the appropriate allowance or allowances prescribed by Part I
Clause 13, Special Allowances, of this award, with a minimum payment of 2 hours
for each start, and one thirty-eighth of the appropriate allowances prescribed
by Clause 17, Uniform and Laundry Allowances of this award, but shall not be
entitled to an additional day off or part thereof, as prescribed by subclauses
(iii) and (v) of Clause 4, Hours of Work and Free Time of Employees Other Than
Directors of Nursing.
(iii) Four weeks'
Annual Leave on ordinary pay is to be granted on completion of each twelve
months' service. The provisions of
subclauses (v) to (xi) of Clause 23, Annual Leave, and Clause 24, Annual Leave
Loading, of this award shall apply to employees engaged under Part 1 of this
clause. The remaining provisions of
Clause 23 shall not apply.
Where an employee has any period of permanent part-time
employment during any 12 months qualifying period for annual leave, payment for
such annual leave shall be calculated on the basis of the proportion that the
average number of hours worked each week bears to 38 hours.
(iv) A public
holiday occurring on an ordinary working day shall be allowed to employees
without loss of pay; provided that an employee who is required to and does work
on a public holiday shall have one day or one half day, as appropriate, added
to their period of annual leave and be paid at the rate of one half time extra
to the time actually worked. Such
payment is in lieu of any additional rate for shift work or weekend work which
would otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this
paragraph an employee may elect to be paid for the time actually worked at the
rate of time and one half in addition to their ordinary weekly rate.
Such election shall be made on the commencement of
employment and then on the anniversary date each year. The employee may not alter such election
during the year except with the agreement of the employer. Where payment is made in lieu of leave in
respect of time worked on a public holiday, payment shall be made for a minimum
of four hours work, and any balance of the day or shift not worked shall be
paid at ordinary rates.
(v) To the leave
prescribed by subclause (iv) of part I of this clause there shall be added one
working day for each public holiday or one half working day for each half
public holiday which occurs on what would have been an ordinary working day during
a period of annual leave.
(vi) For the
purpose of Part I of this clause the following are to be public holidays, viz:
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen's Birthday, Local Labor Day, Christmas Day, Boxing Day and any
other day duly proclaimed and observed as a public holiday within the area in
which the hospital is situated.
(vii) In addition to
those public holidays prescribed in subclause (vi) of Part I of this clause,
there shall be an extra public holiday each year. Such public holiday will occur on the August Bank Holiday or a
date which is agreed upon by the Association and the respective employers. The foregoing does not apply in areas where,
in each year:
(a) a day in
addition to the ten named public holidays specified in subclause (vi) Part I of
this clause is proclaimed and observed as a public holiday; or
(b) two half days
in addition to the ten named public holidays specified in subclause (vi) of
Part I of this clause are proclaimed and observed as half public holidays.
(viii) In areas where
in each year one half day in addition to the ten named public holidays
specified in subclause (vi) of Part I of this clause is proclaimed and observed
as a half public holiday, for the purposes of this award the whole day is to be
regarded and observed as a public holiday, and no additional public holiday
which would otherwise apply as a result of this subclause will be observed.
(ix) Employees
engaged under Part I of this clause shall be entitled to all other benefits of
this award not otherwise expressly provided for herein in the same proportion
as their ordinary hours of work bear to full-time hours.
PART II - Casual Employees
(i) A casual
employee is one engaged on an hourly basis otherwise than as a permanent
part-time or full-time employee.
(ii) A casual
employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate, prescribed by Clause 9, Salaries, of
this award and where applicable one thirty-eighth of the appropriate allowance
or allowances prescribed by Part I, Clause 13, Special Allowances, of this
award plus 10 per centum thereof, with a minimum payment of 2 hours for each
start, and one thirty-eighth of the appropriate allowances prescribed by Clause
17, Uniform and laundry Allowances, of this award.
(iii) With respect
to a casual employee the provisions of Clause 32, Deputy Director of Nursing,
Assistant Director of Nursing; Clause 5, Hours of Work and Free Time of
Directors of Nursing; Clause 7, Rosters; Clause 19, Overtime; Clause 30,
Special Provisions Relating to Trainee Enrolled Nurses; Clause 23, Annual Leave
and Public Holidays and Clause 15, Fares and Expenses of this award, shall not
apply. Further, casual employees shall
not be entitled to an additional day off or part thereof as prescribed by
subclauses (iii) and (v) of Clause 4, Hours of Work and Free Time of Employees
Other Than Directors of Nursing.
(iv) For the
entitlement to payment in respect of annual leave, see Annual Holidays Act
1944.
(v) A casual
employee who is required to and does work on a public holiday as defined in
sub-clauses (iii) and (iv) of Clause 23, Annual leave, shall be paid for the
time actually worked at the rate of double time and one-half such payment being
in lieu of weekend or shift allowances which would otherwise be payable had the
day not been a public holiday; provided that a casual employee shall not be
entitled to be paid in addition the allowance of 10 per centum prescribed in
subclause (ii) of Part II in respect of such work.
(vi) For the
entitlement to payment in respect of long service leave, see the Long
Service Leave Act 1955.
PART III - Temporary Employees
(i) A temporary
employee is one engaged for a set period not exceeding 13 weeks.
(ii) A temporary
employee shall be paid, in addition to all rates and allowances to which the
said employee is entitled under this award, an allowance equal to 10 per centum
of the rates prescribed for his or her classification by Clause 9, Salaries, of
this award, provided that this subclause shall cease to apply upon:
(a) The said
period of engagement being extended after the said period of 13 weeks;
(b) The employer
and the employee agreeing during the said period of 13 weeks, that the employee
shall be employed on a permanent part-time or full-time basis.
(iii) For
entitlement to payment in respect of annual leave, see Annual Holidays Act
1944.
23. Annual Leave
And Public Holidays
(i) Annual leave
on full pay is to be granted on completion of each twelve months service as
follows:
(a) Employees
required too work on a seven (7) day basis six (6) weeks annual leave.
(b) All other
employees - four (4) weeks annual leave.
(ii)
(a) An employee to
whom paragraph (a) of subclause (i) applies and who is required to and does
work on a public holiday shall be paid, in addition to the appropriate ordinary
weekly rate of pay, at the rate of one half time extra for the time actually
worked on such holiday. Such payment
shall be in lieu of any additional rate for shift work or weekend work which
would otherwise be payable had the day not been a public holiday.
(b) To leave
prescribed by paragraph (a) of subclause (i) there shall be added one working
day or one half working day for each special public holiday or half public
holiday (not being one of the ten (10) specifically named public holidays
prescribed by subclause (iii) of this clause, or a special day proclaimed in
lieu of any of them) which may occur during the qualifying period for annual
leave or during the period of annual leave.
(c) A public
holiday occurring on an ordinary working day shall be allowed to employees
covered by paragraph (b) of subclause (i) on full pay; provided that an
employee who is required to and does work on a public holiday shall have one
day or one half day, as appropriate, added to their period of annual leave and
be paid at the rate of one half time extra for the time actually worked. Such payment is in lieu of any additional rate
for shift work or weekend work which would otherwise be payable had the day not
been a public holiday. In lieu of
adding to annual leave under this paragraph an employee may elect to be paid
for the time actually worked at the rate of time and one half in addition to
their ordinary weekly rate. Such
election shall be made on the commencement of employment and then on the
anniversary date each year.
The employee may not alter such election during the year
except with the agreement of the employer.
Where payment is made in lieu of leave in respect of the time worked on
a public holiday payment shall be made for a minimum of four hours work, and
any balance of the day or shift not worked shall be paid at ordinary rates.
(d) Where a public
holiday falls on a rostered day off of a shift worker as defined in Clause 3,
Definitions, of this award, and who receives four (4) weeks annual leave in
accordance with paragraph (b) of
subclause (i) of this clause, such shift worker shall be paid one day's pay in
addition to the weekly rate or if the employee so elects shall have one day
added to the period of annual leave.
(e) To the leave
prescribed by paragraph (b) of subclause (i) there shall be added one working
day for each public holiday or one half working day for each half public
holiday which occurs on what would have been an ordinary working day during a
period of annual leave; provided that in the case of a shift worker referred to
in paragraph (d) of this subclause the provision of this paragraph shall apply
to any public holidays falling during the period of annual leave.
(iii) For the
purpose of this subclause the following are to be public holidays, viz: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Local Labor Day, Christmas Day, Boxing Day and any other
day duly proclaimed and observed as a public holiday within the area in which
the hospital is situated.
(iv)
(a) In addition to
those public holidays prescribed in subclause (iii) of this clause, employees
are entitled to an extra public holiday each year. Such public holiday will occur:
(1) on the August
Bank Holiday; or
(2) on a date
which is agreed upon by the Association and the respective employers;
(3) as an
additional public holiday between Christmas and New Year; provided that such
day is placed between Monday to Friday (inclusive) which is not gazetted as a
public holiday.
The foregoing does not apply in areas where in each year:
(4) a day in
addition to the ten (10) named public holidays specified in subclause (i) is proclaimed
and observed as a public holiday; or
(5) two half days
in addition to the ten (10) named public holidays specified in subclause (i)
are proclaimed and observed as half public holidays.
(b) In areas where
in each year only one half day in addition to the ten (10) named public
holidays specified in subclause (iii) is proclaimed and observed as a half
public holiday for the purposes of this award the whole day is to regarded and
observed as a public holiday and no additional public holiday which would
otherwise apply as a result of this subclause will be observed.
(v)
(a) An employee
shall be eligible for annual leave when twelve (12) months have elapsed since
the date on which the first annual leave would have begun if taken immediately
it had become due or, if the employee has not previously had annual leave,
since the commencement of employment.
(b) Credit of time
towards an allocated day off duty shall not accrue when an employee is absent
in accordance with subclause (i) of this clause. Employees entitled to allocated days off duty in accordance with
Clause 4, Hours of Work and Free Time of Employees Other Than Directors of
Nursing, of this award shall accrue credit towards an allocated day off duty in
respect of each day those employees are absent on additional annual leave in
accordance with subclauses (ii)(b) and subclause (ii)(c) of the award.
(vi) Annual leave
shall be given and shall be taken either in one consecutive period or two
periods neither of which shall be less than one week, or if the employer and
employee so agree in either two, three or four separate periods, but not
otherwise.
(vii)
(a) Annual leave
shall be given and shall be taken within a period of six (6) months after the
date when the right to annual leave accrued; provided that the giving and
taking of such leave may be postponed by mutual agreement between the parties
for a further period not exceeding six (6) months.
(b) Nothing in
this subclause shall prevent an employer, by agreement with the employee, from
allowing annual leave to an employee before the right thereto has accrued; but
where leave is taken in such a case a further period of annual leave will not
commence to accrue until the expiration of the twelve (12) months in respect of
which annual leave was taken before it accrued.
(c) The employer
shall give each employee, where practicable, three (3) months notice of the
date upon which she or he shall enter upon leave, and in any event such notice
shall not be less than twenty-eight (28) days.
(viii)
(a) Each employee
before going on leave shall be paid for the period of the leave at the ordinary
rate of salary to which she or he is entitled under this award. Where an employee has any period of
permanent part-time employment during any 12 month qualifying period for annual
leave, payment for such annual leave shall be calculated on the basis of the
proportion that the average number of hours worked each week bears to 38 hours.
(b) An employee to
whom paragraph (a) of subclause (i) applies shall be paid during the first
twenty eight (28) consecutive days whilst on annual leave her or his ordinary
rate of salary plus shift allowances and weekend penalties relating to ordinary
time the employee would have worked if they had not been on annual leave;
additional annual leave accrued under subclause (xi) attracts shift allowances
and weekend penalties relating to ordinary time the employee would have worked
if they had not been on annual leave; provided that the provisions of the
preceding paragraphs of this subclause shall not apply to public holidays which
occur during a period of annual leave or days which have been added to annual
leave in accordance with paragraph (b) of subclause (ii) and subclause (iv) of
this clause.
(ix) Except as
provided for in subclauses (x) and (xi) of this clause payment for annual leave
shall not be made or accepted in lieu of annual leave.
(x) Where the
employment of an employee is terminated the employee shall be entitled to
receive, in addition to all other amounts due, in respect of service of less
than one year an amount equal to one-twelfth (6/46ths in respect of employees
rostered to work on a seven (7) day basis) of her or his ordinary pay for that
period of employment together with payment for any days added to annual leave in
accordance with subclause (ii) of this clause, and in calculating such payment
no deduction is to be made for accommodation or board.
(xi)
(a) In addition to
the leave prescribed by subclause (i) employees who work their ordinary hours
on Sundays and/or public holidays are entitled to receive additional annual
leave as follows:
Number of ordinary
shifts worked on Sundays and/or public holidays during a qualifying period of
employment for annual leave purposes
|
Additional Annual
Leave
|
4 - 10
|
1 day
|
11 - 17
|
2 days
|
18 - 24
|
3 days
|
25 - 31
|
4 days
|
32 or more
|
5 days
|
provided that an employee may elect to be paid when
proceeding on annual leave an amount equivalent to the value of their
additional leave entitlement in lieu of taking the additional leave. Such election is to be made in writing by
the employee at the commencement of each year of employment and is irrevocable
during the currency of that year of employment.
(b) On termination
of employment employees are to be paid for any untaken annual leave due under
this subclause together with payment for any leave in respect of an uncompleted
year of employment calculated in accordance with this subclause together with
payment for any untaken annual leave due in accordance with subclause (x).
24. Annual Leave
Loading
(i) This clause
takes effect on and from 11 July 1974.
It applies only in relation to annual holidays to which employees became
or have become entitled after 31 December 1973.
(ii) Before an
employee is given and takes an annual holiday, or where by agreement between
the employer and the employee the annual holiday is given and taken in more
than one separate period, then before each of such separate periods the
employer shall pay the employee a loading determined in accordance with this clause.
(iii) The loading
is payable in addition to the pay for the period of holiday given and taken due
to the employee under subclauses (i)(b) and (ii)(c) of Clause 23, Annual leave
and Public Holidays, of this award, or in the case of part-time employees for
the period of holiday given and taken and due to the employee in accordance
with the provisions of the Annual Holidays Act 1944.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled since 31 December 1973 and which
commences on or after 11 July 1974 or, where such a holiday is given and taken
in separate periods, then in relation to each such separate period.
(v) The loading is
the amount payable for the period or the separate periods, as the case may be,
stated in subclause (iv) of the rate per week of 17½% of the appropriate
ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
by the employee's annual holiday together with any allowances prescribed by
subclause (iii) of Clause 13, Special Allowances, of this award.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when he would have become entitled under the said Clause 23 to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (v) of this clause
applying the award rates and wages payable on that day. This subclause applies where an annual
holiday has been taken wholly or partly in advance after 31 December 1973 and
the entitlement to the holiday arises on or after 11 July 1974.
(vii)
(a) When the
employment of an employee is terminated by his employer after 11 July 1974 for
a cause other than misconduct, and at the time of termination the employee has
not been given and has not taken the whole of an annual holiday to which he
became entitled after 31 December 1973, he shall be paid a loading calculated
in accordance with subclause (v) of the period not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on the
termination of an employee's employment.
(viii) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if the employee had not been on holidays;
provided that, if the amount to which the employee would have been entitled by
way of shift work allowances and weekend penalty rates to the ordinary time
(not including time on a public or special holiday) which the employee would
have worked during the period of the holiday exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
25. Sick Leave
(i) Subject to
the following limitations and conditions an employee shall be entitled to sick
leave on full pay calculated by allowing 76 rostered ordinary hours of work for
each year of continuous service less any sick leave on full pay already taken.
(a) An employee
during the first year of employment with an employer shall be entitled to sick
leave at the rate of 7.6 hours at the end of each of the first five months
continuous service. Upon completion of
six months continuous service the employee shall be entitled to a further 38
hours sick leave. For the purpose of this
subclause, where service is continuous, each new entitlement will accrue at the
monthly anniversary date of the commencement of employment, ie. A person
starting on 6 March would be entitled to their first 7.6 hours on 6 April.
(b) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to workers' compensation; provided, however,
that an employer shall pay to an employee who has sick leave entitlement under
this clause the difference between the amount received as workers' compensation
and ordinary pay as defined in Clause 14. The employee's sick leave entitlement
under this clause shall, for each week during which such difference is paid, be
reduced by that proportion of 38 hours which the difference paid bears to full
pay.
(c) All periods of
sickness shall be certified to by the medical superintendent or director of
nursing of the hospital or by the employee's own legally qualified medical
practitioner. The employer may dispense
with the requirements of a medical certificate when the absence does not exceed
two consecutive days or where, in the employer's opinion, the circumstances are
such as not to warrant such requirement.
(d) Each employee
shall, as soon as reasonably practicable and in any case within 24 hours of the
commencement of such absence, inform the employer of their inability to attend
for duty and as far as possible state the nature of the injury or illness and
the estimated duration of the absence.
(e) For the
purpose of determining a full-time employee's sick leave credit as at 19
September 1986, sick leave entitlement shall be proportioned on the basis of
76:80
(ii) The employer
shall not change the rostered hours of an employee fixed by the roster or
rosters applicable to the fourteen days immediately following the commencement
of sick leave merely by reason of the fact that they are on sick leave.
(iii) Part-time
employees: A permanent part-time employee shall be entitled to sick leave in
the same proportion of 76 hours as the average weekly hours worked over the
preceding 12 months of from the time of the commencement of employment,
whichever is the lesser, bears to 38 ordinary hours. Such entitlements shall be subject to all the above conditions
applying to full-time employees.
(iv) With respect
to an employee who is eligible for sick leave and who produces a satisfactory
medical certificate to the effect that they have been incapacitated for a
period of at least one week's duration while on annual leave, the employee may
re-credit such employee with an equivalent period of annual leave; provided
that no such re-crediting shall be granted to an employee on leave prior to
retirement, resignation or termination of services and provided further the
employer is satisfied on the circumstances and the nature of the incapacity.
(v) Subject to the
provision of a satisfactory medical certificate and sick leave being due,
extended or long service leave shall be re-credited where an illness of at
least one week's duration occurs during the period of extended or long service
leave; provided that the period of leave does not occur prior to retirement,
resignation or termination services.
26. Long Service
Leave
1. For long
service leave falling due prior to 20th February 1981, see Long Service
Leave Act 1955.
2. For long
service leave falling due after 20th February 1981 the following provisions
shall apply:
(a)
(i) Every
employee after ten years' continuous service with the same employer shall be
entitled to two months' long service leave on full pay; after fifteen years'
continuous service to an additional one month's long service leave on full pay;
and for each five years' continuous service thereafter to an additional one and
one half months' long service leave on full pay. Such leave shall be taken at a time to be mutually arranged
between the employer and the employee.
(ii) Where the
service of an employee with at least five years' service is terminated, the
employee shall be entitled for five years' service to one month's long service
leave on full pay and for service after 5 years to a proportionate amount of
such leave on full pay calculated on the basis of 2 months' long service leave
for 10 years' service.
(b) Where an
employee has acquired a right to extended leave under subclause (a) of this
clause, then and in every such case:
(i) If before
such leave has been entered upon the employment of such employee has been
terminated such employee shall be entitled to receive the monetary value of the
leave to which such employee has been entitled computed at the rate of salary
which such employee had been receiving immediately prior to the termination of
employment.
(ii) If such
employee dies before entering upon such extended leave, or if after having
entered upon the same dies before its termination, his widow, or in the case of
a widower leaving children his children or their guardians or other dependent
relatives or their legal representatives, shall be entitled to receive the
monetary value of the leave not taken or not completed, as the case may be, and
computed at the rate of salary which the employee had been receiving at the
time of death.
(c) For the
purpose of this clause:
(i) Continuous
service in the same hospital prior to the coming into force of this award shall
be taken into account.
(ii) One month
equals four and one-third weeks.
(iii) Continuous
service shall be deemed not to have been broken by:
a. any period of
absence on leave without pay not exceeding six months;
b. absence of an
employee from the hospital whilst a member of the Defence Forces of the
Commonwealth in time of war.
(d) Where any
employee has been granted a period of long service leave prior to the coming
into force of this award the amount of such leave shall be debited against the
amount of leave due under this award.
(e) Any period(s)
of part-time employment with the same employer shall count towards long service
leave as provided for in paragraph 2(a) of this clause. Such long service leave shall be paid for on
the basis of the proportion that the average number of hours worked per week
bears to 38 hours.
(f) Where an
employee has accrued a right to an allocated day off duty on pay prior to
entering a period of long service leave such day shall be taken on the next
working day immediately following the period of long service leave.
An employee returning to duty from long service leave shall
be given the next allocated day off duty in sequence irrespective of whether
sufficient credits have been accumulated or not.
27. Compassionate
Leave
(a) In general,
compassionate leave with pay should be granted only in extraordinary or
emergent circumstances where a member of the staff of a hospital is forced to
absent themselves from duty because of urgent pressing necessity, and such
leave as is granted should be limited to the time necessary to cover the immediate
emergency.
(b) 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 their annual leave credit.
(c) The following
basic principles should be kept in mind when dealing with applications:
(i) Bereavement
Leave - An employee, other than a casual employee, shall be entitled to up to
two days bereavement leave without deduction of pay, on each occasion of the
death of a person as prescribed in paragraph (iii) of this subclause. 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 existed, i.e., the employee lived with
the deceased.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 28, State
Personal/Carer’s Leave Case - August 1996, provided that, for the purpose of
bereavement leave, the employee need not have been responsible for the care of
the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said clause 28. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable requirements of the business.
(vi) Illness in the
family:
Except in very special circumstances leave with pay should
be limited to one day, which as a general rule, would prove sufficient time to
meet the immediate emergency and allow the employee to make any other
arrangements necessary. It would be
expected that no one but the employee would be available to care for the sick
member of the family.
(d) The above
principles are not intended to codify completely purposes for which
compassionate leave with pay may be allowed.
The element of unforeseen emergency could be present in other
situations, eg. floods and bushfires,
which clearly prevent attendance for duty.
(e) In view of the
purpose for which compassionate leave is intended, it is not possible to
prescribe a precise limitation of the amount of leave to be granted in a given
period. It is suggested, however, that
only under the most exceptional circumstances should leave exceeding a total of
three days be granted to an employee in any year.
28. State
Personal/Carer’s Leave
1. Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 25, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(A) a spouse of the
employee; or
(B) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(C) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(D) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) a relative of
the employee who is a member of the same household, where for the purposes of
this 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.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and 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.
2. Unpaid leave
for family purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
3. Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act
1944, to take annual leave not exceeding five days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
4. Time Off in
Lieu of Payment for Overtime
(a) For the
purpose only of providing care and support for a person in accordance with
subclause (1) of this clause, and despite the provisions of clause 19,
Overtime, the following provisions shall apply.
(b) 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.
(c) 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.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
5. Make-up time
(a) 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.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
6. Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
29. Staff Amenities
(a) The employer
shall provide for the use of employees:
(1) A suitable
changing room and adequate washing and toilet facilities;
(2) A full-length
locker fitted with lock and key or other suitable place for the safe keeping of
clothing and personal effects of such employee;
(3) An employer
shall provide for an employee morning and afternoon tea, supper and early
morning tea (which shall include tea or coffee together with milk and sugar)
when the employee is on duty, at times appropriate for the partaking thereof,
and shall provide also for such an employee, who requires them, meals of a
reasonable standard, which fall due during the duty period, and for such meals
so provided may make a charge, provided that the charge for breakfast shall be
the sum set out in Item 18 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates and the sum set out in
Item 19 of Table 2 for other meals. The
charges referred to in this subclause are to be adjusted in accordance with the
movement in wage rates following State Wage Case decisions. The employers are entitled to set prices for
meals at a level to cover labour and ingredient costs.
30. Special
Provisions Relating To Trainee Enrolled Nurses
(This clause does not apply to part-time employees.)
(i) Where a
trainee enrolled nurse has transferred from one training school to another, the
time allowed by the Board in the first training school shall be counted in
computing salary.
(ii) A trainee
enrolled nurse, who is absent from training for not more than two weeks,
exclusive of annual leave, in any period of twelve months training shall, for
the purpose of annual increase in salary under Clause 9, Salaries, of this
award, be deemed to have completed the particular year of training twelve
calendar months after the commencement thereof notwithstanding such absence,
but if absent for more than the aforesaid time in any such period the
particular year of training shall not be deemed to have been completed until
the employee has served the actual period of excess of such time.
31. Escort Duty
(i) Periods
during which an employee, other than Director of Nursing, is engaged in nursing
duties, viz, in attendance on a patient, shall be paid as working time under
this award. Where applicable, overtime
shall be payable.
(ii) All
reasonable out-of-pocket expenses shall be reimbursed.
(iii) Rostered time
shall be paid as such even though an employee may be travelling, in hotel/motel
accommodation, or waiting for transport.
(iv) In respect of
non-rostered time not spent in nursing duties:
(a) Periods in
hotel/motel accommodation or waiting for transport shall not be counted as
working time;
(b) Periods in
travelling shall count as working time.
32. Deputy
Directors Of Nursing, Assistant Directors Of Nursing
(i) The following
appointments shall be made in hospitals with adjusted daily averages of
occupied beds as specified hereunder:
Less than 40 beds - a Deputy Director of Nursing except
where
(a) the Registered
Nurses at the hospital are all given the same duties and no Registered Nurse is
delegated Deputy Director of Nursing duties; and
(b) the Director
of Nursing perceives no requirement for a Deputy Director of Nursing to be
employed.
40 beds and over but less than 75 beds - a
Deputy Director of Nursing except where
(a) at least two
full time equivalent Nursing Unit Managers are employed; and
(b) the Director
of Nursing perceives no requirement for a Deputy Director of Nursing to be
employed.
75 beds and over but less than 150 beds - a
Deputy Director of Nursing
150 beds and over - a Deputy Director of Nursing, and one
or more Assistant Directors of Nursing.
Provided that no Deputy Director of Nursing employed as at 1
January 1998 shall be dismissed or demoted as a result of the implementation of
this clause.
(ii) Appointments
under subclause (i) of this clause, shall be made within two calendar months of
the date this award becomes operative and thereafter within two calendar months
of the occurrence of a vacancy. In
default of appointment within the said period of two calendar months of the
occurrence of a vacancy, the registered nurse employed as such or in a higher
classification who has customarily relieved, in the vacant position, or if no
one has so customarily relieved, the registered nurse employed in the same or
the next senior classification at the hospital, shall be deemed to be appointed
until such time as another appointment is made by the hospital.
(iii) This clause
shall not apply to a hospital using members, novices or aspirants of religious
orders where a member of an order carries out the duties under this clause of
an Assistant Director of Nursing or Deputy Director of Nursing.
(iv) This clause
shall not apply to a hospital which is owned by two or more registered nurses
who are actively engaged as directors of nursing in the running of the
hospital.
33. Proportion
Except in cases of emergency not more than four enrolled
nurses and/or assistants-in-nursing to each registered nurse shall be employed
in a hospital and for this purpose a director of nursing shall count; provided
that the proportions specified by this clause may be altered in respect of any
particular hospital by agreement between the hospital concerned and the New
South Wales Nurses' Association.
34. Medical Examination
Of Nurses
On commencement of employment the employee shall be notified
of the availability of the following provisions which the employer shall
provide at the request of the employee:
(i) For
protection against tuberculosis:
(a) Before a nurse
commences duty, a PA chest x-ray examination of the nurse unless a
radiologist's report of a normal chest x-ray taken within the previous six
months is available.
(b) As soon as
practicable after the nurse commences duty, a Mantoux test on the nurse, then -
(i) where the
Mantoux test is negative, immunisation with BCG vaccine;
(ii) where the
Mantoux test is positive (otherwise than as a result of BCG vaccination),
referral to a chest clinic for assessment.
(c) A Mantoux test
annually to -
(i) previously Mantoux-negative
nursing staff;
(ii) nursing staff
whose Mantoux reaction has been converted by BCG vaccination.
(d) A chest x-ray
annually to nursing staff whose Mantoux reaction is positive (otherwise than as
a result of BCG vaccination).
(e) Where a nurse
has been caring for open tuberculosis cases, a PA chest x-ray examination of
the nurse one year after completion of employment.
(ii) For
protection against other communicable diseases:
(a) where a nurse
has not had a complete course of immunisation against diphtheria, tetanus,
poliomyelitis, measles, mumps and hepatitis, immunisation against those
diseases;
(b) booster
immunisation against tetanus at 10-year intervals;
(c) a rubella
antibody test and, where a nurse has a negative result, rubella immunisation.
(iii) For
protection against radiation exposure, nurses required to work in close
proximity to a source of ionising radiation should be provided with a film
badge or personal radiation dosimeter, and a record should be maintained of the
radiation exposure measured by such film badge or dosimeter.
(iv) The costs
involved in the various screening and protection procedures should be borne by
the employer.
35. Domestic Work
(i) Except as
hereinafter provided, nurses, student nurses, trainee enrolled nurses, enrolled
nurses and assistants-in-nursing shall not be required to perform, as a matter
of routine, the following duties, viz: washing, sweeping, polishing and/or
dusting of floors, walls or windows of wards, corridors, annexes, bathrooms or
verandas, nor any duties which are generally performed by classifications other
than nursing staff: but this provision shall not preclude the employment of
nurses, student nurses, trainee enrolled nurses, enrolled nurses and
assistants-in-nursing on any of such duties in an isolation block or where the
performance of those duties involves disinfection.
(ii) Nothing in
subclause (i) of this clause shall preclude a student nurse, trainee enrolled
nurse, enrolled nurse or an assistant-in-nursing from being required to perform
all or any of the specified duties during the first thirteen weeks of training
or experience, as the case may be.
(iii) Nothing in
subclause (i) of this clause shall preclude any employee from being required to
perform all or any of the specified duties at any time when domestic staff is
not available to perform them; provided that the employer has made all
reasonable efforts to obtain domestic staff.
36. Labour
Flexibility
An employer may direct an employee to carry out duties as
are within the limits of the employee's skill, competence and training. Such duties may include work which is
incidental or peripheral to the employee's main tasks provided that such duties
are not designed to promote deskilling nor are inconsistent with Clause 35 -
Domestic Work.
Any employer may direct an employee to carry out duties and
use such equipment as may be required provided that the employee has been
properly trained or has otherwise acquired the necessary skills in the use of
such equipment. Any such direction
issued by the employer shall be consistent with the employer's responsibility
to provide a safe and healthy working environment for employees and the
employer's duty of care to patients.
37. Termination Of
Employment
(i) Except for
misconduct justifying summary dismissal, the services of an employee shall be
terminated only by fourteen days notice or by the payment of fourteen days
salary in lieu thereof in the case of an employee other than a director of
nursing, and by twenty eight days notice or by the payment of twenty eight days
salary in lieu thereof in the case of a director of nursing.
(ii) No employee
shall, without the consent of the employer, resign without having given
fourteen days notice (or in the case of a director of nursing, twenty eight
days notice) of intention so to do or forfeiting salary earned during the pay
period current at the time of resignation; provided that in no circumstances
shall the employee other than a Director of Nursing forfeit more than fourteen
days pay, and a director of nursing more than twenty eight days pay at the
rates prescribed for her or his classification by Clause 9, Salaries, of this
award.
(Iii) Upon The
Termination Of The Services Of An Employee The Employer Shall Furnish The
Employee With A Written Statement, Surely Signed By Or On Behalf Of The
Employer, Setting Out The Period Of The Employment And The Capacity In Which
The Employee Was Employed.
(Iv) Employees Who
Have Accrued Additional Days Off Duty Pursuant To Subclause (Vii) Of Clause 4,
Hours Of Work And Free Time Of Employees Other Than Directors Of Nursing, Shall
Be Paid For Such Accrued Time At Ordinary Rate Of Pay Upon Termination.
38. Award Benefits
To Be Continuous
(i) In the event
of any change in ownership licensee or management of any hospital or
institution covered by this award, all employee rights and benefits provided by
this award shall continue as if no such change in ownership, licensee or
management had taken place
Where such changes do occur, no employee shall be paid out
for accrued annual leave, long service leave or any other benefit, but such
benefits shall be continuous.
(ii) No employee,
full-time or part-time, shall be terminated or required to take leave without
pay where such termination or leave is used to avoid the requirements of any
Act or to avoid payment of any rights or benefits provided by this award.
39. Right Of Entry
See section 296-298 of the Industrial Relations Act
1996.
40. Exemptions
This award shall not apply to:
(i) Members, novices,
or aspirants of religious orders in hospitals;
(ii) Student
nurses at Sydney Adventist Hospital, Wahroonga.
41. Attendance At
Meetings And Fire Drills
(i) Any employee
required to work outside the ordinary hours of work in satisfaction of the
requirements for compulsory fire safety practices (fire drill and evacuation
procedures) contained from time to time within the Private Hospitals and Day
Procedure Centres 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. In lieu
of receiving payment, employees may with the agreement of the employer be
permitted to be free from duty for a period of time equivalent to the period
spent in attendance at such meetings.
Such time spent in attendance shall not be viewed as overtime for the
purposes of this award.
(ii) 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. In lieu of
receiving payment, employees may with the agreement of the employer be
permitted to be free from duty for a period of time equivalent to the period
spent in attendance at such meetings.
Such time spent in attendance shall not be viewed as overtime for the
purposes of this award.
(iii) For the
purposes of this clause "ordinary rate" shall include amounts payable
under Clause 9, Salaries, and Clause 13, Special Allowances, subclauses (i) and
(ii), of this award; plus, where appropriate, the 10% loading prescribed in
Clause 22 of this award for employees engaged otherwise than as a full-time or
permanent part-time employee.
42. Resolution Of
Disputes
(i) With a view
to an amicable and speedy settlement of all disputes which cannot be resolved
between the employees or their representatives and the supervising staff, such
dispute shall be referred to the management of the facility who will arrange
for the matter to be discussed with the employee concerned and a representative
or representatives of the Association.
(ii) Failing
settlement of the issue at this level the matter shall be submitted to a
committee consisting of not more than four members, two of whom shall be
appointed by the employer and two by the Association.
(iii) Whilst these
procedures are continuing no stoppage of work or any form of ban or limitation
of work shall be applied.
(iv) The
Association reserves the right to vary this procedure where it is considered a
safety factor is involved.
(v) This clause
shall not interfere with the right of either party to institute proceedings for
the determination of any matter in accordance with the Industrial Relations
Act 1996.
43. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to achieve the object in section
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure 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 legislation referred to in this clause.
NOTES---
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
44. Leave Reserved
Leave is reserved to the parties to apply in respect of any
variation necessary to give effect to their joint commitment to re-draft in
"plain English" as much of the award as is practicable.
45. Area,
Incidence And Duration
(i) It shall
apply to persons engaged in the industry of nursing as defined herein within
the State of New South Wales within the jurisdiction of the Private Hospital,
Day Procedure Centre, Nursing Home &c., Nurses' (State) Conciliation
Committee.
(ii) It rescinds
and replaces the Private Hospital Industry Nurses’ (State) Award published 24
September 1999 (305 IG. 454) as varied.
(iii) It shall take
effect in respect to Column 1 of Tables 1 and 2 of Part B Monetary Rates, from
the beginning of the first pay period to commence on or after 1 July 2000; in
respect to Column 2 of Tables 1 and 2 of Part B Monetary Rates, from the
beginning of the first pay period to commence on or after 1 July 2001; and in
all other respects from the beginning of the first pay period commencing on or
after 1 July 2000.
(iv) It shall
remain in force until 30 June 2002 and thereafter until rescinded by the
Commission.
(v) This Award has
been reviewed in accordance with Section 19 of the Industrial Relations Act
1996 and the Award Review Principles of the Industrial Relations Commission of
New South Wales. The changes made pursuant to the review process are to take
effect on and from 13 June 2001.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Column 1
|
Column2
|
|
1.7.00
|
1.7.01
|
|
Per Week
|
Per Week
|
|
$
|
$
|
|
|
|
Assistant in Nursing/Trainee
|
|
|
Enrolled Nurse -
|
|
|
|
|
|
Under 18 years of age -
|
|
|
|
|
|
First year of experience
|
370.20
|
377.60
|
Second year of experience
|
386.60
|
394.30
|
Thereafter
|
402.00
|
410.00
|
|
|
|
18 years of age and over -
|
|
|
|
|
|
First year of experience
|
436.70
|
445.40
|
Second year of experience
|
450.70
|
459.70
|
Third year of experience
|
464.80
|
474.10
|
Thereafter
|
479.30
|
488.90
|
|
|
|
Enrolled Nurse -
|
|
|
|
|
|
First year of experience
|
536.10
|
546.80
|
Second year of experience
|
547.10
|
558.70
|
Third year of experience
|
559.60
|
570.80
|
Fourth year of experience
|
571.40
|
582.80
|
Thereafter
|
583.30
|
595.00
|
|
|
|
Nurse undergoing pre-registration
|
|
|
training
|
524.00
|
534.50
|
|
|
|
Registered Nurse -
|
|
|
|
|
|
First year of experience
|
607.70
|
619.90
|
Second year of experience
|
640.90
|
653.70
|
Third year of experience
|
673.90
|
687.40
|
Fourth year of experience
|
709.30
|
723.50
|
Fifth year of service
|
744.40
|
759.30
|
Sixth year of service
|
779.60
|
795.20
|
Seventh year of service
|
819.70
|
836.10
|
Eighth year of service
|
583.40
|
870.50
|
|
|
|
Clinical Nurse Specialist
|
888.30
|
906.10
|
|
|
|
Clinical Nurse Educator
|
888.30
|
906.10
|
|
|
|
Nurse Educator -
|
|
|
|
|
|
First year
|
985.30
|
1005.00
|
Second year
|
1013.00
|
1033.30
|
Third year
|
1037.90
|
1058.70
|
Fourth year
|
1092.20
|
1114.00
|
|
|
|
Clinical Nurse Consultant
|
1092.20
|
1114.00
|
|
|
|
Nurse Unit Manager -
|
|
|
|
|
|
Level 1
|
1070.50
|
1091.90
|
Level 2
|
1121.60
|
1144.00
|
Level 3
|
1151.60
|
1174.60
|
|
|
|
Senior Nurse Educator -
|
|
|
|
|
|
First year
|
1118.50
|
1140.90
|
Second year
|
1141.50
|
1164.30
|
Third year
|
1179.70
|
1203.30
|
|
|
|
Assistant Director of Nursing -
|
|
|
100 beds and over
|
1151.60
|
1174.60
|
|
|
|
Deputy Director of Nursing -
|
|
|
Less than 100 beds
|
1121.60
|
1144.00
|
100 beds, less than 200 beds
|
1151.60
|
1174.60
|
200 beds, less than 250 beds
|
1179.70
|
1203.30
|
250 beds, less than 350 beds
|
1223.80
|
1248.30
|
350 beds, less than 450 beds
|
1267.50
|
1292.90
|
450 beds, less than 750 beds
|
1314.50
|
1340.80
|
750 beds and over
|
1365.50
|
1392.80
|
|
|
|
Director of Nursing or Subsidiary
|
|
|
Hospital Director of Nursing -
|
|
|
|
|
|
Less than 25 beds
|
1155.70
|
1178.80
|
25 beds, less than 50 beds
|
1223.70
|
1248.20
|
50 beds, less than 75 beds
|
1250.20
|
1275.20
|
75 beds, less than 100 beds
|
1276.20
|
1301.70
|
100 beds, less than 150 beds
|
1312.80
|
1339.10
|
150 beds, less than 200 beds
|
1356.70
|
1383.80
|
200 beds, less than 250 beds
|
1400.70
|
1428.70
|
250 beds, less than 350 beds
|
1453.30
|
1482.40
|
350 beds, less than 450 beds
|
1541.00
|
1571.80
|
450 beds, less than 750 beds
|
1630.40
|
1663.00
|
750 beds and over
|
1732.70
|
1767.40
|
Table 2 - Other Rates and Allowances
Item
|
Clause No.
|
Brief Description
|
Column 1
|
Column 2
|
No.
|
|
|
|
|
|
|
|
|
|
1
|
13(i)(a)
|
In charge of hospital
|
$14.86 per shift
|
$15.16 per shift
|
|
|
|
|
|
2
|
13(i)(b)
|
In charge of ward/unit in absence of
|
$14.86 per shift
|
$15.16 per shift
|
|
|
NUM
|
|
|
|
|
|
|
|
3
|
13(ii)(a)
|
On call
|
$13.23 per 24 hrs or
|
$13.49 per 24
|
|
|
|
part thereof
|
hrs or part
|
|
|
|
|
thereof
|
|
|
|
|
|
4
|
13(ii)(b)
|
On call on rostered days off
|
$26.49 per 24 hrs or
|
$27.02 per 24
|
|
|
|
part thereof
|
hrs or part
|
|
|
|
|
thereof
|
|
|
|
|
|
5
|
13(ii)(c)
|
On call during meal break
|
$7.40 per break
|
$7.55 per break
|
|
|
|
|
|
6
|
13(iii)(a)
|
Radiographic allowance DON
|
$20.63 per week
|
$21.04 per week
|
|
|
|
|
|
7
|
13(iii)(c)
|
Radiographic allowance in absence of
|
|
|
|
|
DON
|
$4.20 per day
|
$4.28 per day
|
|
|
|
|
|
8
|
13(iii)(c)
|
Radiographic allowance maximum
|
$20.63 per week
|
$21.04 per week
|
|
|
|
|
|
9
|
13(iv)
|
Lead apron allowance
|
$1.02 per hr or part
|
$1.04 per hr or
|
|
|
|
thereof
|
part thereof
|
|
|
|
|
|
10
|
13(v)(a)
|
In charge of ward/unit and hospital
|
$22.24 per shift
|
$22.68 per shift
|
|
|
|
|
|
11
|
17(iii)(a)
|
Uniforms
|
$4.49 per week
|
$4.49 per week
|
|
|
|
|
|
12
|
17(iii)(a)
|
Shoes
|
$1.39 per week
|
$1.39 per week
|
|
|
|
|
|
13
|
17(iii)(b)
|
Stockings
|
$2.33 per week
|
$2.33 per week
|
|
|
|
|
|
14
|
17(iii)(c)
|
Cardigan or jacket
|
$1.35 per week
|
$1.35 per week
|
|
|
|
|
|
15
|
17(iv)(d)
|
Laundry
|
$3.74 per week
|
$3.74 per week
|
|
|
|
|
|
16
|
17(vi)(f)
|
Socks
|
$0.46 per week
|
$0.46 per week
|
|
|
|
|
|
17
|
19(vii)
|
Meal on overtime
|
$12.41 per meal
|
$12.41 per meal
|
|
|
|
|
|
18
|
29(a)(3)
|
Breakfast
|
$2.47 per meal
|
$2.47 per meal
|
|
|
|
|
|
19
|
29(a)(3)
|
Other meals
|
$4.47 per meal
|
$4.47 per meal
|
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.