ROYAL INSTITUTE FOR DEAF AND BLIND CHILDREN EMPLOYEES' (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5670 of 2003)
Before Mr Deputy
President Sams
|
24 November 2003
|
REVIEWED AWARD
PART A
1. Arrangement
SECTION 1 -
GENERAL AWARD PROVISIONS
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Rates of
Pay
4. Payment
and Particulars of Salary and/or Wages
5. Hours of
Work
6. Roster of
Hours
7. Part-time
Workers
8. Overtime
9. Time Off
in Lieu of Overtime Payment
10. Penalty
Rates for Shift Work, Weekend Work and Special Working Conditions
11. Termination
of Employment
12. Higher
Duty Allowance (Relieving)
13. Special
Allowances
14. Meals
15. Annual
Leave
16. Long
Service Leave
17. Maternity
Leave
18. Compassionate
Leave
19. Re-crediting
of Leave
20. Disputes
Procedure
21 Anti-Discrimination
22. Telephone
Rental
23. Union
Representative
24. Notice
Board
25. Deduction
of Union Subscriptions
26. Inspection
of Lockers of Employees
27. Service
Allowance
28. Uniforms
and Protective Clothing
29. Promotions
and Appointments
30. Public
Holidays
31. Annual
Leave Loading
32. Sick Leave
33. State
Personal/Carer's Leave Case-August 1996.
34. Occupational
Superannuation
35. Jury
Service
36. Lodging
SECTION 2 -
CLERICAL AND ADMINISTRATIVE EMPLOYEES
37. Scope of
Section 2
38. Casual
Employees
SECTION 3 -
FACILITIES STAFF
39. Scope of
Section 3
40. Casual
Employees
41. High
Cleaning
SECTION 4 -
RESIDENTIAL CARE EMPLOYEES
42. Scope of
Section
43. Broken
Shift
44. Casual
Employees
45. Sleepovers
and Other Special Working Conditions of Employees
in Group Homes
46. Temporary
Relocation
SECTION 5 -
GENERAL AWARD PROVISIONS
47. Reasonable
Hours
48. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Other Rates
and Allowances
2. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have their respective meanings
assigned to them:
"Adult Service" means service with an employer
during which the worker received a rate of pay not less than the lowest rates
fixed by this award for an adult in the same classification as the worker, or
the employee is on an age scale at 18 years or over.
"Casual Employee" means an employee engaged and
paid as such.
"Catering Officer" means a person who is
responsible to the executive officer for the catering services of the
Institute.
"Cook-Grade A" means a person employed as a cook
who is working in a kitchen in which meals are prepared for an average of 100 or
more persons and who is principally engaged, other than as an assistant to
another cook, either -
(a) on the cooking
of meats, poultry and fish; or
(b) on the cooking
of cakes, pastries and sweets; or
(c) a combination
of the work specified in (a) and (b) above; or
(d) on relieving a
chef or other cooks engaged on the work specified in (a), (b) or (c) above; or
(e) as a cook
responsible for supervising the work of other cooks in the kitchen.
"Cook-Grade B" means a person employed as a cook,
other than a Chef, Cook Grade A or an assistant cook.
"Assistant Cook" means a person who, under direct
supervision of a Chef or Cook, assists in the preparation and serving of meals.
The number of assistant cooks employed shall not exceed the number of cooks employed.
"Cleaner" means a person who is required to carry
out inside or outside cleaning duties.
"Domestic Assistant" means a person employed to
perform general duties, including cleaning in such areas as wards, pantries,
units, kitchens and recreation areas, etc.
"Engineer" means a person appointed as such who
possesses either -
(a) technical
college Certificate for Mechanical Engineering;
(b) Ministry of
Transport Certificate of Competency;
(c) other
qualifications acceptable to the employer.
"Full-time Employee" means an employee other than
a casual or a part-time employee.
"Gardener (Qualified)" means a person who is the
holder of a Certificate in Gardening and Horticulture and has four years'
experience.
"Gardener" means a person whose duties include any
or all of the following, namely: propagation of seeds, planting out, pruning
and shaping of trees and shrubs, layout of gardens and general gardening
duties.
"Groundsperson/General Hand" means a person who
may be required to sweep paths, clean garbage tins and keep the outside of
buildings clean and tidy, and may be called upon to assist the Gardener.
A "Group Home" means a residence so designated by
the Institute and does not include a hostel or a nursing home.
"Facilities Assistant (Handyperson)" means a
person who is regularly required to carry out repairs of a minor nature and,
where required, the duties associated with a general hand and general cleaning
duties.
Where no appropriate artisan staff are employed, he/she may
be called upon to perform maintenance work; provided, however, that for the
time involved in performing such maintenance work he/she shall be paid at the
rate prescribed by the industrial award relevant to the work performed.
"Head Gardener (Qualified)" means a person who is
the holder of a Certificate in Gardening and Horticulture with four years'
experience and who is in charge of at least three other employees, one of whom
is a gardener, and who is engaged in horticulture, gardening, green-keeping,
floral decoration and all phases of allied works such as rockery building,
paving, landscaping and the like, and shall include the driving and/or
operation of motorised tractor-hauled or mechanical equipment.
"Head Gardener (Otherwise)" means a person who is
in charge of at least three other employees, one of whom is a gardener, and who
is engaged in horticulture, gardening, green-keeping, floral decoration and all
phases of allied works such as rockery building, paving, landscaping and the
like, and shall include the driving and/or operation of motorised
tractor-hauled or mechanical equipment.
"Institute" means the Royal Institute for Deaf and
Blind Children.
"Kitchenhand/Sculleryhand" means a person who is
required to do all cleaning associated with pots, pans, stoves, refrigerators
or any other kitchen machinery and general kitchen cleaning.
"Laundry/Linen Hand" means a person who is
required to perform laundry duties using domestic machinery and/or who is
required to distribute clean linen.
"Leading Hand" means a person who is placed in
charge of not less than two other employees of a substantially similar
classification, but does not include any employee whose classification denotes
supervisory responsibility.
"Manager, Client Services" means a person
appointed to a position so designated by the Institute.
"Maintenance Officer (Qualified)" means an
employee who has a relevant trade qualification and has responsibility for
maintenance.
"Part-time Employee" means a person who is employed
to work not less than eight hours nor more than 32 hours on any five days in a
full week of seven days, such week to be coincidental with the pay period.
"Recreation Activities Officer" means a person who
is responsible for all diversional activities of residents, including any or
all of the following: individual craft teaching, group activities, including
outings or training classes.
"Residential Care Assistant" means a person who
assists the Manager, School Boarding Services, in the provision of care and
training in daily living skills, personal development, socialisation and
recreation for children with disabilities who board in the residential
facilities.
"Residential Care Worker" means a person who
assists the Manager, School Boarding Services, in the provision of care and
training in daily living skills, personal development, socialisation and
recreation for children with disabilities who board in the residential
facilities, and who possesses tertiary qualifications acceptable to the Institute.
Acceptable qualifications include, but are not necessarily limited to:
(a) degree,
diploma or associate diploma from a university or college of advanced education
in a therapy-related or education-related discipline;
(b) the Associate
Diploma in Developmental Disabilities or the Associate Diploma in
Education-Habilitation.
"Shift Worker" means an employee who is not a day
worker, as defined.
"Day Worker" means all employees who work their
ordinary hours from Monday to Friday, inclusive, and who commence work on such
days at or after 6.00 a.m. and before 10.00 a.m. otherwise than as part of a
shift system.
"Storekeeper" means a person appointed as such who
is responsible for the custody and distribution of all stores and the keeping
of records in connection therewith.
"Storeperson" means a person who is responsible
for the receipt and dispatch of stores items, loading and unloading and
internal transport of items.
"Technical Assistant/Aide" means a person who is
wholly or substantially engaged in assisting a physiotherapist, occupational
therapist, diversional therapist or dietitian or hostel supervisor with routine
professional and recreational activity and personal care services.
"Union" means the Health Services Union.
3. Rates of Pay
(i) The weekly
rates of pay for the following classifications of employees, viz:
(a) Facilities
Staff;
(b) Residential
Care Staff; and
(c) Clerical
Staff,
shall be as set out in Table 1 - Rates of Pay, of Part
B, Monetary Rates.
(ii) The rates of pay
in this award include the adjustments payable under the State Wage Case -
2003. This adjustment may be offset
against:
(a) any equivalent
over-award payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustment.
4. Payment and
Particulars of Salary and/or Wages
Payment and Particulars of Salary -
(i) Wages shall
be paid fortnightly, provided that, for the purpose of adjustments of wages
related to alterations in the basic wage, from time to time effective, the pay
period shall be deemed to be weekly. On each pay day the pay shall be made up
to a day not more than three days prior to the day of payment.
(ii) Overtime,
penalties and shift allowances shall be paid a fortnight from the pay day
succeeding the day or days on which such overtime becomes due.
(iii) 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. Salaries shall be
deposited by the Institute in sufficient time to ensure that wages are
available for withdrawal by employees no later than pay day; provided that this
requirement shall not apply where employees nominate accounts with non-bank
financial institutions which lack the technological or other facilities to
process salary deposits within 24 hours of the Institute making their deposits
with such financial institutions but, in such cases, the Institute shall take
all reasonable steps to ensure that the wages of such employees are available
for withdrawal by no later than pay day. Subject to adequate notice in writing
on each occasion, employees who are rostered off on pay-day shall be entitled
to have their salary deposited before proceeding on their day or days off.
(iv) Notwithstanding
the provisions of subclause (iii) of this clause, an employee who has been
given one week's notice of termination of employment, in accordance with clause
11, Termination of Employment, shall be paid all monies due to him/her prior to
ceasing duty on the last day of employment.
Where an employee is dismissed or his/her services are
terminated without due notice, in accordance with the said clause 11, any
monies due to him/her shall be paid as soon as possible after such dismissal or
termination but, in any case, not more than three days thereafter.
(v) On each pay
day an employee, in respect of the payment then due, shall be furnished with a
statement in writing containing the following particulars, namely: name, the
amount of ordinary salary, the total number of hours of overtime payment, the
amount of any other monies paid, the purpose for which they are paid and the
amount of the deductions made from total earnings and the nature thereof.
(vi) Where retrospective
adjustments of wages are paid to employees such payments, where practical,
shall be paid as a separate payment to ordinary wages and shall be contained in
a separate pay envelope. Such payment shall be accompanied by a statement
containing particulars as set out in subclause (v) of this clause.
5. Hours of Work
(i) The ordinary
hours of work for day workers, exclusive of meal times, shall be 152 hours per
28 calendar days to be worked Monday to Friday, inclusive, and to commence on
such days at or after 6.00 a.m. and before 10.00 a.m.
(ii) The ordinary
hours of work for shift workers, exclusive of meal times, shall not exceed an
average of 38 hours per week in each roster cycle.
(iii) The ordinary
hours of duty for full-time employees who work in a group home, exclusive of
meal times, shall be 152 hours in any four-week period to be worked Monday to
Friday, inclusive, provided that:
(a) no full-time
employee will be rostered to work more than 10 ordinary hours in any one day;
and
(b) each employee
will be allowed a minimum of four days rostered off duty in any one fortnight;
and
(c) no employee
will be required to work more than seven consecutive days in any eight-day
period.
(iv) Each day
worker shall be free from duty for not less than two full days in each week and
each shift worker shall be free from duty for not less than two full days in
each week or four full days in each fortnight. Where practicable, such days off
duty shall be consecutive; that is, each employee will be allowed a minimum of
four days rostered off duty in any one fortnight.
(v) The hours of
work prescribed in subclauses (i), (ii) and (iii) of this clause shall, where
possible, be arranged in such a manner that in each roster cycle of 28 days
each employee shall not work his or her ordinary hours of work on more than 19
days in the cycle.
The hours worked on each of those days shall be
arranged to include a proportion of one hour (such proportion will be on the
basis of 0.4 of one hour for each eight-hour shift worked, and 0.5 of one hour
for each ten-hour shift worked), which shall accumulate towards the employee's
allocated day off duty on pay.
(vi) Subject to the
provisions of subclause (xii) of this clause, the employee's allocated day off
duty prescribed in subclause (v) of this clause shall be determined by mutual
agreement between the employee and the Institute, having regard to the needs of
the establishment or sections thereof.
Where practicable, such allocated day off duty shall be
consecutive with the days off duty prescribed by subclause (iv) of this clause.
(vii) Once set, the
allocated day off duty may not be changed in a current cycle unless there are
genuine unforeseen circumstances prevailing. Where such circumstances exist and
the allocated day off duty is changed, another day shall be substituted in the
current cycle. Should this not be practicable, the day must be given and taken
in the next cycle immediately following.
(viii) Each day of paid
leave taken (including annual leave, but not including long service leave where
it is taken in a continuous period of four weeks or more) and any public
holiday occurring during any cycle of four weeks shall be regarded as a day
worked for accrual purposes.
Provided, however, that allocated days off shall not be
regarded as part of annual leave for any purpose. An employee shall be entitled
to no more than 12 allocated days off in any 12 months of consecutive
employment unless the employee has been absent for a continuous period of four
weeks or more on long service leave or on workers' compensation or unless the
employee has been absent on leave without pay. For ease of record keeping and
to abide with 12 allocated days off per year, there shall be no allocated day
off taken during the full four-week cycle in April of each year.
(ix) An employee
entitled to allocated days off duty in accordance with subclause (v) of this
clause shall continue to accumulate credit towards his/her allocated day off
duty whilst on sick leave. Where an employee's allocated day off duty falls
during a period of sick leave, the employee's available sick leave shall not be
debited for that day.
(x) Where an
employee's allocated day off duty falls due during a period of workers'
compensation the employee, on returning to duty, shall be given the next
allocated day off duty in sequence, irrespective of whether sufficient credits
have been accumulated or not.
(xi) Where an
employee's allocated day off duty falls on a public holiday, as prescribed by
clause 30, Public Holidays, the next working day shall be taken in lieu
thereof.
(xii) The employee's
allocated days off duty prescribed in subclause (v) of this clause may be
accumulated to a maximum of 12 allocated days off in any one year, at the
discretion of the Institute.
Where allocated days off are accumulated in accordance
with this subclause, such accumulated allocated days off are to be taken during
school vacation periods wherever possible. Other arrangements regarding the
taking of allocated days off duty may be made by mutual agreement between the
employee concerned and the Institute.
(xiii) Periods of ten
minutes shall be allowed to employees for morning and afternoon tea and such
periods shall be included in the ordinary hours of work.
(xiv) Except for one
meal break each day, all time worked between normal starting and ceasing time
shall be at ordinary rates of pay.
(xv) There shall be
a minimum break of eight hours between ordinary rostered shifts.
(xvi) No employee
will be required to work more than seven consecutive days in any eight-day
period.
(xvii) No full-time
employee will be rostered to work more than ten ordinary hours in any one day.
6. Roster of Hours
The ordinary hours of work for each employee shall be
displayed on a roster in a place conveniently accessible to employees. Where
reasonably practicable such roster shall be displayed two weeks, but in any
case at least one week, prior to the commencing date of the first working
period in any roster.
Provided that this provision shall not make it obligatory
for the employer to display any roster of ordinary hours of work of members of
the relieving staff.
Provided further, that a roster may be altered at any time to
enable the services of the organisation to be carried on where another employee
is absent from duty on account of illness or in an emergency, but where any
such alteration involves an employee working on a day which would have been his
or her day off such time worked shall, subject to subclause (vii) of clause 5,
Hours of Work, be paid for at overtime rates.
Where an employee is entitled to an allocated day off duty
in accordance with the said clause 5, that allocated day off duty is to be
shown on the roster of hours for that employee.
7. Part-Time Workers
(i) Persons
employed on a part-time basis may be employed for not less than eight or more
than 32 hours on any five days in a full week of seven days, such week to be
coincidental with the pay period of each facility respectively.
Persons who were employed on a part-time basis by the
Institute at 22 April 1994 (whether on a fixed-term appointment or a continuing
appointment) shall be paid, for the actual number of hours worked each week, an
hourly rate calculated on the basis of one thirty-eighth of the appropriate
full-time rate prescribed for the classification, plus 15 per cent thereof,
whilst ever they are employed on a part-time basis by the Institute.
Persons who were employed on a part-time basis by the
Institute at 22 April 1994 who, at their own instigation, terminate their
services earlier than the expiry date of the period for which they were
employed under their contract of employment and who are subsequently
re-employed on a part-time basis after 22 April 1994, and persons who are
employed for the first time on a part-time basis by the Institute after 22
April 1994 shall be paid, for the actual number of hours worked each week, an
hourly rate calculated on the basis of one thirty-eighth of the appropriate
full-time rate of pay prescribed in Table 1 - Rates of Pay, of Part B, Monetary
Rates, for the classification relating to the duties they perform.
(ii) In an
emergency, part-time employees may be allowed to work more than 32 hours in one
week and, in such cases, will be paid for the hours actually worked at a rate
calculated in accordance with subclause (i) of this clause, but, where the
hours worked in the week exceed 38, then the excess hours will be paid for at
overtime rates.
(iii) With respect
to employees employed as part-time workers, the provisions of subclauses (v) to
(xii) of clause 5, Hours of Work, and clause 27, Service Allowance, shall not
apply.
8. Overtime
(i) All time
worked by employees outside the ordinary hours in accordance with clause 5,
Hours of Work, and clause 6, Roster of Hours, shall be paid for at the rates of
time and one-half up to two hours each day, and thereafter at the rate of
double time; provided, however, that all overtime worked on Sunday shall be paid
for at the rate of double time and all overtime worked on public holidays shall
be paid for at the rate of double time and one-half.
(ii) Employees
recalled to work overtime after leaving the employer's premises, whether
notified before or after leaving the premises, shall be paid for a minimum of
four hours' work at the appropriate rate for each time he/she is so recalled;
provided that, except in unforeseen circumstances arising, an employee shall
not be required to work the full minimum number of hours prescribed above if
the job the employee was recalled to perform is completed within a shorter
period.
(iii) An employee
recalled to work overtime as prescribed by subclause (ii) of this clause shall
be paid all fares and expenses reasonably incurred in travelling to and from
his/her place of work. Provided further
that where an employee elects to use his/her own mode of transport, he/she
shall be paid an allowance as set out in Item 1 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(iv) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least eight consecutive hours off duty between the work
on successive days or shifts.
(v) An employee
who works so much overtime -
(a) between the
termination of his/her ordinary work on any day or shift and the commencement
of his/her ordinary work on the next day or shift that he/she has not had at
least eight consecutive hours off duty between these times; or
(b) on a Saturday,
a Sunday or a holiday, not being ordinary working days, or on a rostered day
off without having had eight consecutive hours off duty in the 24 hours
preceding his/her ordinary commencing time on his/her next ordinary day or
shift, shall, subject to this subclause, be released after completion of such
overtime until he/she has had eight consecutive hours off duty, without loss of
pay for ordinary working time occurring during such absence. If, on the
instructions of his/her employer, such an employee resumes or continues to work
without having had such eight consecutive hours off duty, he/she shall be paid
at double rates until he/she is released from duty for such period and he/she
then shall be entitled to be absent until he/she has had eight consecutive hours
off duty, without loss of pay for ordinary working time occurring during such
absence.
(vi) For the
purposes of assessing overtime, each day shall stand alone; provided, however,
that where any one period of overtime is continuous and extends beyond midnight,
all overtime hours in this period shall be regarded as if they had occurred
within the one day.
9. Time Off in Lieu
of Overtime Payment
Where an employee has performed duty on overtime, he/she may
be released from duty for a period calculated in accordance with subclauses (i)
or (ii), as appropriate, of clause 8, Overtime, in lieu of the overtime payment
prescribed in that clause. Provided that:
(i) An employee
may only be released from duty in lieu of payment for overtime by mutual
agreement between the Institute and the employee concerned. Such agreement will
be in writing and be kept with the time and wages records.
(ii) The employee
may elect:
(a) to be paid for
all overtime worked; or
(b) to transfer
all overtime worked on a time-in-lieu basis; or
(c) to transfer a
maximum of four hours overtime worked per day on a time-in-lieu basis.
(iii) Such release
from duty, calculated in accordance with this clause, will occur during school
vacation periods, or at any other time as mutually agreed between the Institute
and the employee concerned.
(iv) A record of
the amount of overtime hours worked by each employee each fortnight will be
provided in writing to that employee each fortnight, and the amount of time in
credit in lieu of overtime payment on a cumulative basis will also be provided
in writing to each employee on a fortnightly basis.
(v) There will be
an annual reconciliation of accumulated credits following the Easter break each
year, and any overtime credits from the preceding year not used at that time
will be paid out to the employee at that time.
10. Penalty Rates for
Shift Work, Weekend Work and Special Working Conditions
(i) Shift workers
working afternoon or night shift shall be paid the following percentages in addition
to the ordinary rate for each shift; provided, however, that laundry staff
working afternoon or night shift shall be paid 20 per cent in addition to the
rates prescribed for employees of the corresponding classifications working day
shift; provided further that part-time workers shall only be entitled to the
additional rates where their shifts commence prior to 6.00 a.m. or finish
subsequent to 6.00 p.m.:
Afternoon shift commencing at 10.00 a.m. and before
1.00 p.m. - 10 per cent.
Afternoon shift commencing at 1.00 p.m. and before 4.00
p.m. - 12.5 per cent.
Night shift commencing at 4.00 p.m. and before 4.00
a.m. - 15 per cent.
Night shift commencing at 4.00 a.m. and before 6.00
a.m. - 10 per cent.
(ii) 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 a.m. and before 10.00 a.m.
"Afternoon shift" means a shift which
commences at or after 10.00 a.m. and before 4.00 p.m.
"Night shift" means a shift which commences
at or after 4.00 p.m. and before 6.00 a.m. on the day following.
(iii) Employees
whose ordinary working hours include work on a Saturday and/or Sunday shall be
paid for ordinary working hours worked between midnight on Friday and midnight
on Saturday at the rate of 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 subclause (i) of this clause.
The foregoing paragraph shall apply to part-time
workers but such workers shall not be entitled to be paid, in addition, the
allowance of 15 per cent prescribed in subclause (i) of clause 7, Part-time Workers,
in respect of their employment between midnight on Friday and midnight on
Sunday.
(iv) An employee
sent for duty to a place other than the employee's regular place of duty shall
be paid, for all excess travelling time, at the appropriate rate of pay, and
reimbursed excess travelling expenses.
(v) Part-time
employees in group homes may be appointed on the basis that they are regularly
required to undertake sleepovers.
(vi) An employee who
lives in on a full-time basis shall be relieved from the obligation of
remaining on the employer's premises for at least nine days and nights in each
period of 28 days.
(vii) An employee
required to be on remote call, i.e., on call for duty and allowed to leave the
Institute precincts, shall be paid an amount as set out in Item 2 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates, for each period of 24
hours or part thereof; provided that only one allowance shall be payable in any
period of 24 hours. In the event of the employee being recalled to duty, the
remote call allowance shall be replaced by the provisions of clause 8,
Overtime, and subclause (ii) of that clause shall apply in this case.
11. Termination of
Employment
One week's written notice of termination of employment shall
be given by the employer or the employee respectively, but, when the conduct of
an employee justifies instant dismissal, such notice of termination of
employment shall not apply; provided that, should an employee fail to give the
prescribed notice, such employee shall be liable to the forfeiture of one
week's wages. Where the services of an employee are terminated without due
notice, he/she shall be paid one week's salary in lieu thereof.
Employees with a credit of time accrued towards an allocated
day off duty shall be paid for such accrual upon termination.
Notwithstanding the above, the provisions of the Workplace
Relations Act 1996 must be adhered to.
12. Higher Duty
Allowance (Relieving)
An employee, when called upon by the employer to relieve
another employee paid on a higher scale, shall be paid for the time so spent at
the rate prescribed for the classification of the employee so relieved.
13. Special
Allowances
(i) An employee
recalled to work overtime as prescribed by subclause (ii) of clause 8,
Overtime, of the Royal Institute for Deaf and Blind Children Employees’ (State)
Award shall be paid all fares and expenses reasonably incurred in travelling to
and from his/her place of work.
Provided further where an employee elects to use
his/her own mode of transport, he/she shall be paid an allowance as set out in
Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(ii) An employee
sent for duty to a place other than his/her regular place of duty shall be paid
for all excess travelling time at the appropriate rate of pay and reimbursed
excess travelling expenses.
(iii) An employee
required to be on remote call, i.e., on call for duty and allowed to leave the
Institute precincts, shall be paid an amount as set out in Item 2 of the said
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.
In the event of the employee being recalled to duty,
the remote call allowance shall be replaced by the provisions of clause 8,
Overtime, and subclause (ii) of that clause shall apply in this case.
(iv) In-service
Allowance - Employees, on completion of the Institute's In-service Training Course,
shall be paid an allowance as set out in Item 3 of Table 2.
(v) Department of
Youth and Community Residential Care Course - Employees Employed Prior to 24th
March, 1983 and who had completed one or both grades of the above course will
be paid an allowance as set out in Item 4 of table 2.
(vi) Residential
care employees may be required to work a broken shift. Employees working a
broken shift shall be paid at the rate set out in Item 5 of Table 2 per shift
for each broken shift. The conditions
under which broken shifts may be worked are set out in clause 43, Broken Shift,
of this Award.
(vii) Residential
care employees working in a group home may be required to perform
"sleepovers" as a regular part of their position. A sleepover means sleeping in at night to be
on call for emergencies. The conditions
applying to each night of sleepover are set out in clause 45, Sleepovers and
other Special Working Conditions of Employees in Group Homes.
In addition to the provision of free board and lodging
for such nights, the employee shall be entitled to a sleepover payment as set
out in item 6 of Table 2 for each night on which they sleep over.
14. Meals
(i) Time not
exceeding one hour and not less than 30 minutes shall be allowed for each meal;
provided that, where an employee is called upon to work for any portion of
his/her meal hour, such time shall count as part of his/her ordinary working
time.
(ii) An employee
who is required to work overtime for more than two hours, and such overtime
goes beyond 7.00 a.m., 1.00 p.m. and 6.00 p.m., shall be supplied with a meal.
(iii) Where
practicable, employees shall not be required to work more than four hours
without a meal break.
15. Annual Leave
(i) All employees
- See Annual Holidays Act 1944.
(ii)
(a) This subclause
does not apply to part-time employees.
(b) Employees,
with the exception of residential care staff, who are rostered to work their
ordinary hours on Sundays and/or public holidays during a qualifying period of
employment for annual leave purposes, shall be entitled to receive additional
leave as follows:
(1) if 35 ordinary
shifts on such days have been worked - one week;
(2) if less than
35 ordinary shifts on such days have been worked and the employees work 38 hours
per week - proportionately calculated on the basis of 38 hours' leave for 35
such shifts worked;
(3) if less than
35 ordinary shifts on such days have been worked and the employees work less
than 38 hours per week - proportionately calculated on the basis of leave
equivalent to the number of hours ordinarily worked per week for 35 such shifts
worked, i.e.:
3 shifts or less
|
Nil
|
4-10 shifts
|
1 day
|
11-17 shifts
|
2 days
|
18-24 shifts
|
3 days
|
25-31 shifts
|
4 days
|
32 or more shifts
|
5 days.
|
The calculations referred to above shall be made to the
nearest one-fifth of the ordinary hours worked, half or more than half of
one-fifth being regarded as one-fifth and less than half being disregarded.
(c) Residential
care staff, other than those employees who live in a group home, who are
rostered to work their ordinary hours on Sundays and/or public holidays during
a qualifying period of employment for annual leave purposes, shall be entitled
to receive an additional two weeks' special annual leave.
(d) Full-time
residential care employees who live in a group home shall be entitled to an
additional two weeks special annual leave; provided that this will not be in addition
to any special leave under paragraphs (b) and (c) of this subclause.
(e) Provided that,
on termination of employment, employees shall be entitled to payment for any
untaken annual leave due under this subclause, together with payment for any
leave in respect of an uncompleted year of employment, calculated on a
proportionate basis.
(iii) The employer
shall give to each employee three months' notice, where practicable, and not
less than one month's notice of the date upon which the employee shall enter
upon annual leave.
(iv) For
Residential Care Assistants, the normal time for annual leave to be taken will
be during the school vacation periods. With agreement between the employer and
the employee, the leave may be taken in two, three or four separate periods,
one week being the minimum amount to be taken.
(v) A shift
worker, as defined in clause 2, Definitions, shall be paid whilst on annual
leave his/her ordinary pay plus shift allowances and weekend penalties relating
to ordinary time the shift worker would have worked if he/she had not been on
annual leave.
Provided that shift allowances and weekend penalties
shall not be payable for public holidays which occur during a period of annual
leave, or for days which have been added to annual leave in accordance with the
provisions of clause 30, Public Holidays.
(vi) Employees
shall be entitled to an annual leave loading of 17.5 per cent on four weeks of
the appropriate weekly rate of pay, or shift allowances and weekend penalties
as set out in subclause (v) of this clause, whichever is the greater.
(vii) Employees
entitled to allocated days off duty in accordance with clause 5, Hours of Work,
shall accrue credits towards allocated days off duty in respect of each day
those employees are absent on additional annual leave in accordance with
subclause (ii) of this clause and subclause (i) of the said clause 30.
16. Long Service
Leave
A. The entitlement
to long service leave for employees employed after 1 July 1987 is contained in
the Long Service Leave Act 1955.
B. The
entitlement to long service leave for employees employed prior to 1 July 1987
is detailed hereunder.
(i)
(a) Each employee
shall be entitled to two months' long service leave on full pay after ten
years' service; thereafter, additional long service leave shall accrue on the
basis of five months' long service leave for each ten years' service.
(b) Where the
services of an employee with at least five years' service as an adult are
terminated by the employer for any reason other than the employee's serious and
wilful misconduct, or by the employee on account of illness, incapacity or
domestic or other pressing necessity, or by reason of the death of the
employee, he/she shall be entitled to be paid a proportionate amount on the
basis of two months for ten years' service.
For the purposes of this subclause, "service as an
adult" means service with an employer during which the employee received a
rate of pay not less than the lowest rates fixed under this award for an adult male
or adult female, as the case may be, in the same classification as the
employee.
(ii) For the
purposes of subclause (i) of this clause, service shall include continuous
service with the Institute but not:
(a) any period of
leave without pay, except in the case of employees who have completed at least
ten years' service (any period of absence without pay being excluded there
from), in which case service shall include any period of leave without pay not
exceeding six months taken after 1June 1980;
(b) any period of
part-time service, except as provided for in subclause (iv);
(c) long service
leave shall be taken at a time mutually arranged between the employer and the
employee.
(iii)
(a) On the
termination of employment of an employee, otherwise than by his/her death, the
employer shall pay to the employee the monetary value of all long service leave
accrued and not taken at the date of such termination and such monetary value
shall be determined according to the salary payable to the employee at the date
of such termination.
(b) Where an
employee who has acquired a right to long service leave, or after having had
five years' service as an adult and less than ten years' service, dies, the
widow or the widower of such employee or if there is no such widow or widower,
the children of such employee, or if there is no such widow, widower or
children such person who, in the opinion of the employer, was, at the time of
the death of such employee, a dependent relative of such employee, shall be
entitled to receive the monetary value of the leave not taken or which would
have accrued to such employee had his/her services terminated as referred to in
paragraph (b) of subclause (i) of this clause, and such monetary value shall be
determined according to the salary payable to the employee at the time of
his/her death.
Where there is a guardian of any children entitled
under this paragraph, the payment to which such children are entitled may be
made to such guardian for their maintenance, education and advancement.
When there is no person entitled under this paragraph
to receive the monetary value of leave payable under the foregoing provisions,
payment in respect thereof shall be made to the legal personal representative
of such employee.
(iv) The provisions
of subclauses (i) and (ii) of this clause shall not apply to part-time
employees, who shall be entitled to long service leave in accordance with the
provisions of the Long Service Leave Act 1955.
(v) A full-time
employee shall be entitled to have previous part-time service which is the
equivalent of at least two full days' duty per week taken into account for long
service leave purposes in conjunction with full-time service on the basis of
the proportion that the actual number of hours worked each week bears to 38;
provided that the part-time service merges without break with the subsequent
full-time service.
(vi) 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.
(vii) Rights to long
service leave under this clause shall be in replacement of rights to long
service, if any, which at the date of commencement of this award may have accrued
or may be accruing to an employee and shall apply only to persons in the employ
of the employer on or after the date of commencement of this award. Where an employee has been granted long
service leave or has been paid its monetary value prior to the date of
commencement of this award, the employer shall be entitled to debit such leave
against any leave to which the employee may be entitled pursuant to this
clause.
17. Maternity Leave
A. The entitlement
to maternity leave for employees employed after 1 July 1987 is contained in the
Industrial Arbitration Act 1940 and, after 31 March 1992, is contained
in the Industrial Relations Act 1996.
B. The
entitlement to maternity leave for employees employed prior to 1 July 1987 is
detailed hereunder.
Maternity Leave -
(i) Eligibility -
To be eligible for paid maternity leave, an employee must have completed at
least 40 weeks continuous service of not less than 31.25 hours per week prior
to the expected date of birth. An employee who has once met the conditions for
paid maternity leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid maternity leave,
unless:
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after services have been otherwise
dispensed with; or
(b) the employee
has completed a period of leave without pay of no more than 40 weeks. In this
context, leave without pay does not include sick leave without pay, maternity
leave without pay, or leave without pay associated with an illness or injury
compensable under the Workers' Compensation Act 1987.
(ii) Entitlement -
Eligible employees are entitled to paid maternity leave as follows:
(a) Prior to the
Expected Date of Birth - An employee is entitled to six weeks at the ordinary
rate of pay. It is not compulsory for an employee to take this period off work;
however, if an employee decides to work during this period:
(1) the
entitlement to paid maternity leave is proportionately reduced; and
(2) it is subject
to the employee being able to satisfactorily perform the full range of duties
of her normal work.
(b) After the
Expected Date of Birth - An employee is entitled to six weeks at half the ordinary
rate of pay from and including the expected date of birth. Recreation and/or
long service leave credits can be combined with periods of maternity leave on
half pay to enable an employee to remain on full pay for that period.
(c) Unpaid
Maternity Leave - An employee is entitled to a further period of unpaid
maternity leave of not more than 12 months after the actual date of birth.
(iii) Applications
- An employee who intends to proceed on maternity leave should formally notify
her employer of such intention as early as possible, so that arrangements
associated with her absence can be made. Written notice of not less than eight
weeks prior to the commencement of the leave should accordingly be given. This
notice must include a medical certificate stating the expected date of birth
and should also indicate the period of leave desired.
(iv) Variation
After Commencement of Leave - After commencing maternity leave, an employee may
vary the period of her maternity leave, once without the consent of her employer
and otherwise with the consent of her employer. A minimum of four weeks notice must be given, although an
employer may accept less notice if convenient.
(v) Staffing
Provisions - In accordance with obligations established by the Industrial
Relations Act 1996, any person who occupies the position of an employee on
maternity leave must be informed that the employee has the right to return to
her former position. Additionally, since an employee also has the right to vary
the period of her maternity leave, offers of temporary employment should be in
writing, stating clearly the temporary nature of the contract of employment.
The duration of employment should be also set down clearly, to a fixed date or
until the employee elects to return to duty, whichever occurs first.
(vi) Effect of
Maternity Leave on Accrual of Leave, Increments, etc. - When the employee has
resumed duties, any period of full paid leave is counted in full for the
accrual of recreation leave and any period of maternity leave on half pay is
taken into account to the extent of one-half thereof when determining the
accrual of recreation leave. Except in the case of employees who have completed
ten years' service, the period of maternity leave without pay does not count as
service for long service leave purposes. Where the employee has completed ten
years' service the period of maternity leave without pay shall count as
service, provided such leave does not exceed six months. Maternity leave
without pay does not count as service for incremental purposes. Periods of
maternity leave at full pay and at half pay are to be regarded as service for
incremental progression on a pro rata basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received, i.e.,
public holidays occurring in a period of full pay maternity leave are paid at
full rate and those occurring during a period of half pay leave are paid at
half rate.
(vii) Illness
Associated with Pregnancy - If, because of an illness associated with her
pregnancy, an employee is unable to continue to work, then she can elect to use
any available paid sick leave (sick, recreation and/or long service leave) or
to take sick leave without pay.
Where an employee is entitled to paid maternity leave
but, because of illness, is on recreation, long service leave or sick leave
without pay prior to the birth, such leave ceases six weeks prior to the
expected date of birth. The employee then commences maternity leave with the
normal provisions applying.
(viii) Transfer to a
More Suitable Position - Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to satisfactorily perform. This obligation arises from the Industrial Relations Act
1996. A position to which an employee is transferred under these circumstances
must be as close as possible in status and salary to her substantive position.
(ix) Miscarriages -
In the event of a miscarriage, any absence from work is to be covered by the
current sick leave provisions.
(x) Stillbirth -
In the case of a stillbirth (as classified by the Registry of Births, Deaths
and Marriages) an employee may elect to take sick leave, subject to production
of a medical certificate, or maternity leave. She may resume duty at any time,
provided she produces a doctor's certificate as to her fitness.
(xi) Effect of
Premature Birth on Payment of Maternity Leave - An employee who gives birth
prematurely, and prior to proceeding on maternity leave, shall be treated as
being on maternity leave from the date leave is commenced to have the child.
Should an employee return to duty during the period of paid maternity leave,
such paid leave ceases from the date duties are resumed.
(xii) Right to
Return to Previous Position - In accordance with the obligations set out in the
Industrial Relations Act 1996, an employee returning from maternity
leave has the right to resume her former position.
Where this position no longer exists, the employee is
entitled to be placed in a position nearest in status and salary to that of her
former position and for which the employee is capable or qualified.
(xiii) Return for
Less than Full-time Hours - Employees may make application to their employer to
return to duty for less than the full-time hours they previously worked by
taking weekly leave without pay. Such return to work is to be according to the
following principles:
the period is to be limited to 12 months, after which
full-time duties must be resumed;
the employee is to make an application for leave
without pay to reduce her full-time weekly hours of work. This application should be made as early as possible
to enable the employer to make suitable staffing arrangements:
at least four weeks' notice must be given;
the quantum of leave without pay to be granted to
individual employees is to be at the absolute discretion and convenience of the
employer;
salary and other conditions of employment are to be
adjusted on a basis proportionate to the employee's full-time hours of work,
i.e., for long service leave the period of service is to be converted to the
full-time equivalent and credited accordingly.
It should be noted that employees who return from
maternity leave under this arrangement remain full-time employees. Therefore,
the payment of any part-time allowance to such employees does not arise.
(xiv) Further
Pregnancy While On Maternity Leave - Where an employee becomes pregnant whilst
on maternity leave, a further period of maternity leave may be granted. Should
this second period of maternity leave commence during the currency of the
existing period of maternity leave, then any residual maternity leave from the
existing entitlement lapses.
Adoption Leave -
(i) Eligibility -
To be eligible for paid adoption leave, an employee must have completed at
least 40 weeks' continuous service of not less than 31.25 hours per week.
An employee who has once met the conditions of paid
adoption leave will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless:
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been
otherwise dispensed with; or
(b) the employee
has completed a period of leave without pay of more than 40 weeks. In this
context, leave without pay does not include sick leave without pay, maternity
leave without pay, or leave without pay associated with an illness or injury
compensable under the Workers' Compensation Act 1987.
(ii) Entitlement -
(a) Paid Adoption
Leave - Eligible employees are entitled to paid adoption leave of up to six
weeks at half the ordinary rate of pay, from and including the date of taking
custody of the child. Recreation and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid
Adoption Leave - Eligible employees are entitled to unpaid adoption leave as
follows:
where the child is under the age of 12 months, a period
of not more than 12 months from the date of taking custody;
where the child is over the age of 12 months, a period
of up to 12 months, such period to be agreed upon by both the employee and the
employer.
(iii) Applications
- Due to the fact that an employee may be given little notice of the date of
taking custody of a child, employees who believe that, in the reasonably near
future, they will take custody of a child, should formally notify the employer
as early as practicable of the intention to take adoption leave. This will
allow arrangements associated with the adoption leave to be made.
(iv) Variation
After Commencement of Leave - After commencing adoption leave, an employee may
vary the period of leave, once without the consent of the employer and
otherwise with the consent of the employer. A minimum of four weeks notice must
be given, although an employer may accept less notice if convenient.
(v) Staffing
Provisions - As per maternity leave conditions.
(vi) Effect of
Adoption Leave on Accrual of Leave, Increments, etc. - As per maternity leave
conditions.
18. Compassionate
Leave
In general, compassionate leave with pay should be granted
only in extraordinary or emergent circumstances where a member of the staff is
forced to absent himself/herself from duty because of urgent pressing
necessity, and such leave as is granted should be limited to the time necessary
to cover the immediate emergency.
Any absence occasioned by personal emergencies which might
fairly be regarded as an obligation on the employee, rather than the employer,
to make good should be covered by the granting of leave without pay or, if the
employee so desires, charged against his/her annual leave credit.
The following basic principles should be kept in mind when
dealing with applications:
(a) Bereavement
Leave -
(i) 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, provided that, where the
employee is involved in funeral arrangements, travelling, etc., leave may be
allowed for up to three days. Leave
with pay would not ordinarily be granted for the death or attendance at the
funeral of a relative other than those prescribed in the said paragraph (iii),
unless special circumstances exist.
(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 33, 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 33. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
(b) 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
considered necessary. It would be
expected that no one but the employee would be available to care for the sick
member of the family.
The above principles are not intended to codify
completely the purposes for which compassionate leave with pay may be allowed.
The element of unforeseen emergency could be present in other situations, e.g.,
floods and bushfires, which clearly prevent attendance for duty.
In view of the purpose for which compassionate leave is
intended, it is not possible to prescribe a precise limitation on 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 one year.
19. Re-Crediting of
Leave
(i)
(a) Where an
employee who is eligible for sick leave produces a satisfactory medical
certificate to the effect that he/she has been incapacitated for a period of
one week or more whilst on annual leave, the Institute may re-credit such
employee with any 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.
(b) It should be
noted that the Institute will have discretion as to whether or not annual leave
should be re-credited, depending upon the circumstances and the nature of the
incapacity.
(ii) The Institute
has decided that the following policy shall be adopted for employees who are
incapacitated during a period of long service leave:
Subject to the provision of a satisfactory medical
certificate and sick leave being due, long service leave may be re-credited
where an illness of at least one month's duration occurs during the period of
long service leave. Provided that the
period of leave does not occur prior to retirement, resignation or termination
of services.
20. Disputes
Procedure
(i) Any dispute
arising out of employment which cannot be resolved by discussion between the
immediate supervisor and the employee concerned shall be referred -
(a) in the case of
disputes raised by the Union, by the Union's local representative or
representatives to the Institute representative appointed for this purpose or
(b) in the case of
disputes raised by the Institute, by the immediate supervisor to the Union’s
local representative.
(ii) Failing
settlement at this level between the Institute and the Association's local representatives
on the job:
(a) in the case of
disputes raised by the Union, the Union's local representative shall refer the
dispute within 24 hours (or, in the case of a weekend, by the equivalent time
on the Monday) to the head office of the Union, a representative or
representatives of which will take the matter up with the Institute; or
(b) in the case of
disputes raised by the Institute, the Institute representative shall refer the
dispute within 24 hours (or, in the case of a weekend, by the equivalent time
on the Monday) to the management of the Institute, a representative or
representatives of which will take the matter up with the Union’s organiser
having responsibility for the Institute.
(iii) All efforts
shall be made by the Institute and the Union's head office representative or
representatives to settle the matter but, failing settlement:
(a) in the case of
disputes raised by the Union, the Union's head office representatives shall
refer the dispute to the Union's State Secretary and the Union's General
Secretary shall take the matter up with the employer association, or
(b) in the case of
disputes raised by the Institute, the Institute representative shall refer the
dispute to its employer association and the Executive Director of the employer
association shall take the matter up with the General Secretary of the Union.
(iv) During the
discussions, the status quo shall remain and work shall proceed normally. "Status quo" shall mean the
situation existing immediately prior to the dispute or the matter giving rise
to the dispute, except in the case where there is a breach of the award, when
the award shall apply.
This clause shall not interfere with the rights of
either party to institute proceedings for the determination of any matter in accordance
with Industrial Relations Act 1996.
Nothing in this procedure shall affect the right of any
member of the Union to raise a matter at any time with the head office of the
Union, nor with the Union’s ability to discuss such matters with the Institute.
21.
Anti-Discrimination
(1) It is
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing
junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
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".
22. Telephone Rental
An employee required to answer emergency telephone calls
outside of ordinary working hours, but not recalled to duty, shall be
reimbursed rental charges on such telephone on production of receipted
accounts.
Provided that, where an employee is required to answer
out-of-hours telephone calls on a relief basis, he/she shall be paid
one-twelfth of his/her yearly telephone rental for each month or part thereof
he/she is so employed.
23. Union
Representative
An employee appointed Union representative shall, upon
notification thereof in writing to the Institute, be recognised as the accredited
representative of the Union and shall be allowed the necessary time during
working hours to interview the employer on matters affecting employees.
24. Notice Board
The Institute shall provide a notice board of reasonable
dimensions to be erected in a prominent position, upon which the Union
representatives shall be permitted to post Union notices.
25. Deduction of
Union Subscriptions
On receipt of a signed deduction authority from an employee
the employer, after negotiation with the Union as to its form of
implementation, shall deduct Union subscriptions at the point of pay.
26. Inspection of
Lockers of Employees
Lockers may only be opened for inspection in the presence of
the employee but, in cases where the employee neglects or refuses to be present
or in any circumstances where notice to the employee is impracticable, such
inspection may be carried out in the absence of the employee by an officer
appointed by the Institute and, if practicable, a union branch officer,
otherwise by any two officers of the employer so appointed.
27. Service Allowance
(i) All employees
appointed prior to 1 June 1980 shall, after ten years' continuous service with
the Institute, be paid by the said organisation, in addition to the rates
prescribed in clause 3, Rates of Pay, a long service allowance in the following
manner:
For 10 years of service but less than 15 years - 5 per
cent.
For 15 years of service but less than 20 years - 7.5
per cent.
For 20 years of service and over - 10 per cent.
(ii) Payments due
under this clause shall be made on the usual pay day when other payments under
this award are made.
(iii) Continuous
service with the Institute prior to the commencement of this award shall be
taken into account when computing service for the purposes of this clause.
(iv) Continuous
service shall be deemed not to have been broken by absence from the
organisation due to membership of the Defence Forces of the Commonwealth in time
of war or during any period of special leave for members of the Military
Reserve Forces.
28. Uniforms and
Protective Clothing
(i)
(a) Sufficient,
suitable and serviceable uniforms or overalls shall be supplied, free of cost,
to each employee required to wear them; provided that any employee to whom a
new uniform or part of a uniform has been supplied by the Institute 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 in the absence of a satisfactory reason for the loss of
such article or failure to produce such uniform or part thereof.
(b) An employee,
on leaving the service of the Institute, shall return any uniform or part
thereof supplied by the Institute which is still in use by that employee
immediately prior to leaving.
(ii) Where the
nature of the duties to be performed so warrants, suitable protective equipment
and outer garments shall be available for use by employees.
(iii) Laundry
facilities are available free of cost at the Institute.
29. Promotions and
Appointments
Promotion and/or appointment shall be by merit.
30. Public Holidays
(i)
(a) Public
holidays shall be allowed to employees on full pay. Where an employee is required to and does work on any of the
holidays set out in this clause, whether for a full shift or not, the employee
shall be paid one and one-half days pay in addition to the weekly rate, such
payment to be in lieu of weekend or shift allowances which would otherwise be
payable had the day not been a public holiday.
Provided that, at the discretion of the Institute, an
employee may be paid one half day's pay in addition to the weekly rate and have
one day added to his/her period of annual leave for each public holiday worked,
in lieu of the provisions of the preceding paragraph. Employees shall accrue credits towards allocated days off duty in
respect of each such day added to periods of annual leave.
(b) For the
purposes of this clause, the following shall be deemed public holidays, viz.:
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen's Birthday, August Bank Holiday, local Labour Day, Christmas
Day, Boxing Day, and any other day duly proclaimed and observed as a public
holiday within the area in which the organisation is situated.
(c)
(i) Employees
rostered off duty on a public holiday shall:
(1) be paid one
day's pay in addition to the weekly rate; or
(2) at the discretion
of the Institute have one day added to his/her period of annual leave.
(ii) Part-time
employees working 30 hours or more per week, over 5 days per week, shall be
entitled to payment for public holidays on which they are not required to work
and for public holidays falling on a rostered day off.
(iii) Employees
engaged pursuant to clause 7, Part-time Workers, who are required to work on a
public holiday hereinbefore defined, shall be paid at the rate of double time
and one-half of their ordinary rate as prescribed in subclause (i) of the said
clause 7.
31. Annual Leave
Loading
(i) Annual leave
loading is to continue to be paid on the first pay period in December in a lump
sum for employees who have been employed for 12 months or more.
(ii) Where
employees have been employed for less than 12 months, they will be paid their
full 12 months' entitlement in a lump sum on their first anniversary with the
Institute. These employees will receive a pro rata loading payment on the
following first pay period in December.
Thereafter, they will be paid a loading in accordance with subclause (i)
of this clause.
(iii) On
termination, all employees who have completed at least 12 months' service will
be paid annual leave loading on a pro rata basis for the period from the
previous lump sum payment to termination.
32. Sick Leave
(i) Full-time
Employees - A full-time employee shall be entitled to sick leave on full pay
calculated by allowing 76 rostered ordinary hours of work, for each year of
continuous service, to be accumulative.
(a) All periods of
sickness shall be certified to by a legally qualified medical practitioner;
provided, however, that the employer may dispense with the requirements of a
medical certificate where the absence does not exceed two consecutive days or
where, in the employer's opinion, the circumstances are such as not to warrant
such requirements.
(b) The employer
shall not change the rostered hours of work of an employee fixed by the rosters
applicable to the seven days immediately following the commencement of sick
leave merely by reason of the fact that the employee is on sick leave.
(c) An employee
shall not be entitled to sick leave until after three months' continuous service,
after which any sick leave taken in the first three months may be credited
retrospectively.
(d) "Service",
for the purpose of this clause, shall mean service with the Institute and shall
be deemed to have commenced on the date of engagement in respect of any period
of employment current at the date of commencement of this award, in respect of
employees then so employed; and, in respect of others, it shall be deemed to
commence on the first day of engagement by the Institute after the commencement
of this award.
(e) Employees who
are employed by the Institute at the date of the commencement of this award
shall retain to their credit, until exhausted, any accumulation of sick leave
to their credit immediately prior to such date; provided that such credit is
not less than the entitlement otherwise prescribed by this clause.
(f) Each employee
shall take all reasonably practicable steps to inform the employer of his or
her inability to attend for duty and, as far as possible, state the estimated
duration of the absence. Where practicable, such notice shall be given at least
one hour before the commencement of the rostered shift on the day of the
absence.
(g) "Continuous
service", for the purpose of this clause, shall be calculated in the same
manner as provided under subclause (ii) of clause 16, Long Service Leave (for
Employees Employed Prior to 1 July 1987), excepting that all periods of service
(providing such service is not less than three months actual service) shall be
counted.
(ii) Part-time Employees
- A part-time employee shall be entitled to sick leave in the same proportion
of 76 hours as the average weekly hours worked over the preceding 12 months or
from the time of the commencement of the employment, whichever is the lesser,
bears to 38 hours of one week. Such entitlements shall be subject to all the
above conditions applying to full-time employees.
(iii) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to workers' compensation payments at the full
ordinary rate; provided, however, that where an employee is not in receipt of
such full ordinary compensation rate an employer shall pay to an employee who
has sick leave entitlements under this clause, the difference between the
amount received as workers' compensation and full pay. The employee's sick
leave entitlements under this clause shall, for each week during which such
difference is paid, be reduced by the proportion of hours which the difference
bears to full pay. On the expiration of available sick leave, weekly
compensation payments only shall be payable.
33. State
Personal/Carer's Leave Case - August 1996
(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 32, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person has taken leave to care
for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the
person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto spouse,
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
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 that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(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 9, Time Off
in Lieu of Overtime Payment, 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 the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(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.
34. Occupational
Superannuation
(1) Definitions -
(i) "The
approved fund" - For the purposes of this clause, all reference to
"the approved fund" shall mean:
(a) The Health
Employees' Superannuation Trust Australia (H.E.S.T.A) established and governed
by a trust deed dated 30 July 1987, as may be amended from time to time, and
includes any superannuation scheme which may be made in succession thereto.
(b) The Australian
Superannuation Savings Employment Trust (A.S.S.E.T).
(c) Any other fund
as agreed between the parties, provided that such fund is approved by the
Occupational Superannuation Commissioner as conforming to the Commonwealth
standards for occupational superannuation.
(d) Any existing
superannuation scheme operating within a place of employment subject to this
award as at the date of this award; provided, firstly, that the Union and its
members agree to the continued operation of that scheme and, secondly, that
such scheme conforms to the Commonwealth Government's operational standards for
superannuation funds.
Notation: Prior to the date of this award becoming
operative in any place of employment, an employer shall ensure that the
"approved fund(s)" has been nominated. Subject to practicability, an
employer shall ensure commonality of superannuation exists within the place of
employment and nothing within this award shall obligate an employer to
contribute to superannuation schemes which have not been nominated as of the
date of operation of this award.
(ii) "Ordinary-time
earnings" shall mean remuneration for an employee's weekly number of hours
of work, excluding overtime hours, calculated at the ordinary-time rate of pay,
and in addition thereto shall include, where applicable, the following:
(a) Monday to
Friday shift premiums for ordinary hours of work;
(b) weekend shift
premiums for ordinary hours of work;
(c) any percentage
addition payable for part-time employment for ordinary hours of work;
(d) special
allowances for educational qualifications as prescribed by this award;
(e) overaward payments
for ordinary hours of work;
(f) leading hand
allowances;
(g) service
allowance.
(iii) "Leave
without pay" shall include all periods of unpaid working time, but shall
not include such periods where the employee is absent from work due to an injury
sustained at work and/or is receiving workers' compensation benefits.
(iv) "Employer"
shall mean Royal Institute for Deaf and Blind Children.
(v) "Union
" shall mean the Health Services Union.
(2) Superannuation
Contributions -
(i) Except as
provided in subclause (3) of this clause, the employer shall, in respect of
each employee, pay a sum equal to three per cent of the employee's gross
ordinary- time earnings into the approved fund, provided that:
(a) Each employee
shall nominate the approved fund to which the employer contributions shall
become payable. Provided that only
H.E.S.T.A. or any other fund that is an approved fund for that employee's place
of employment can be nominated.
(b) The employer
shall pay the said sum at least monthly to the trustees of the approved fund on
behalf of each employee who is a member of such fund. Provided that any contribution shall be in conformity with the
rules of the relevant trust deed or any deed of adherence or other agreement
covering the payment of contributions.
(c) Such
contribution shall be calculated on the ordinary-time earnings received by the
employee during the preceding pay period.
(d) The said sum
shall not be in addition to any superannuation payment currently being made by
the employer in respect of the employee under the wage fixation principles as
set down by the Australian Conciliation and Arbitration Commission in the
National Wage Case of March 1987 (Print No. G6800) or by the Industrial
Commission of New South Wales in the State Wage Case of April 1987. Provided
that such existing payment is as a consequence of an industrial award or
agreement registered with the Australian Conciliation and Arbitration
Commission or the Industrial Relations Commission of New South Wales.
Provided also that, if such existing payment is less
than that otherwise provided by this clause, then the employer shall pay an
additional sum so that the payment is so equal. Provided also that the burden of proof in showing such existing
payment shall be on the employer.
(ii) The employer
shall not be required to contribute in respect to any period where an employee
is absent from his or her employment on leave without pay such as unpaid sick
leave, maternity leave or the like, or periods of workers' compensation beyond
the expiry of any entitlement to workers' compensation make-up pay. Further, an
employer shall not be required to make additional contributions in respect of
annual leave and/or long service leave paid out on termination.
(3) "Casual/Relief
Employees" - An employer shall make contributions pursuant to this award
in respect of:
(i) "casual/relief"
employees who are employed for a minimum of 152 hours during their employment
with an employer in the course of any one year (1 July to 30 June) (hereinafter
called "qualified employees");
(ii) qualified
employees in each ensuing year of employment with that employer.
Such annual contribution shall be made in respect of
the total gross ordinary-time earnings earned during that year and shall be
paid to the relevant fund at the time of issue to the employee of his/her
annual group certificate.
(4) Qualifying
Period - Subject to subclause (3) of this clause, the employer shall not be
required to contribute superannuation in accordance with this award for an employee
who has no previous service with the employer, until the employee has completed
four weeks' service with the employer.
Provided that once this period has elapsed, payments in
accordance with paragraph (i) of subclause (2) of this clause shall be made for
the entire period of service with the employer.
35. Jury Service
An employee, other than a casual employee, required to
attend for jury service during his/her ordinary working hours, shall be
reimbursed by the employer an amount equal to the difference between the amount
paid in respect of his/her attendance for such jury service and the amount of
wage he/she would have received in respect of the ordinary time he/she would
have worked had he/she not been on jury service.
An employee shall notify his/her employer as soon as
possible of the date upon which he/she is required to attend for jury service.
Further, the employee shall give his/her employer proof of his/her attendance,
the duration of such attendance and the amount received in respect of such jury
service.
36. Lodging
Employees may be supplied with lodging at the discretion of
the Institute. The charges for such lodging shall be in accordance with rates
prescribed by the Institute.
SECTION 2 -
CLERICAL AND ADMINISTRATIVE EMPLOYEES
37. Scope of Section
2
Section 2 of this award shall apply exclusively to employees
in the Clerical/Administrative Staff classifications as contained in subclause
(iii) of Table 1-Rates of Pay of Part B, Monetary Rates.
38. Casual Employees
Casual employees shall be paid at an hourly rate equal to
the appropriate weekly rate divided by 38 or by the number of ordinary hours
worked by clerical employees other than casual and part-time employees in the
establishment, whichever is the lesser, plus 20 per cent, with a minimum
payment of four hours' work at the appropriate rate.
SECTION 3 -
FACILITIES STAFF
39. Scope of Section
3
Section 3 of this award shall apply exclusively to employees
in the Facilities Staff classifications as contained in subclause (i) of Table
1 of Part B, Monetary Rates.
40. Casual Employees
(i) Persons
employed on a casual basis may be employed for not less than four hours nor
more than 40 hours in any full week of seven days, such week to be coincidental
with the pay period of the Institute, and shall be paid for the actual number
of hours worked each week at an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed, plus 15 per cent thereof.
(ii) Persons
employed on a casual basis shall be paid wages in accordance with subclause (i)
of clause 3, Rates of Pay, of Section 1 - General Award Provisions.
(iii) Persons
employed on a casual basis shall be paid penalties in accordance with clause
10, Penalty Rates for Shift Work, Weekend Work and Special Working Conditions,
of the said Section 1.
41. High Cleaning
A Domestic Assistant shall not be required to do any
cleaning where the cleaning cannot be performed on the ground or floor level.
SECTION 4 -
RESIDENTIAL CARE EMPLOYEES
42. Scope of Section
4
Section 4 of this award shall apply exclusively to employees
in the Residential Care Assistants classifications as contained in subclause
(ii) of Table 1 of Part B, Monetary Rates.
43. Broken Shift
(i) Employees working
a broken shift shall be paid per shift for each broken shift at the rate set
out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
(ii) In general,
the period of time between the commencement and termination of a broken shift
shall not exceed 12 hours; provided that employees may be required by the
Institute to work broken shifts within a maximum span of 14.5 hours on no more
than 14 occasions or, in the case of full-time employees who work in a group
home, on no more than 16 occasions, in any 28-day cycle. However, employees may
work more than 14 such broken shifts or, in the case of full-time employees who
work in a group home, 16 such broken shifts within a span of longer than 12
hours' duration over a 28-day cycle, by agreement between the Institute and the
employee concerned. There shall be a
minimum break of nine and a half hours between the end of one shift and the
commencement of the next. Whenever possible, there shall be a minimum break of
ten hours between the end of one shift and the commencement of the next.
44. Casual Employees
(i) A person
employed as a casual Residential Care Assistant may be employed for not less
than two hours nor more than 40 hours in any full week of seven days, such week
to be coincidental with the pay period of the Institute, and shall be paid, for
the actual number of hours worked each week, an hourly rate calculated on the
basis of one thirty-eighth of the appropriate rate prescribed, plus 15 per cent
thereof.
(ii) A person
employed as a casual Residential Care Assistant shall be paid wages in
accordance with subclause (i) of clause 3, Rates of Pay, of Section 1 - General
Award Provisions.
(iii) A person
employed as a casual Residential Care Assistant shall be paid penalties in accordance
with clause 10, Penalty Rates for Shift Work, Weekend Work and Special Working
Conditions, of the said Section 1.
45. Sleepovers &
Other Special Working Conditions of Employees in Group Homes
(i) Residential
care employees working in a group home may be required to perform sleepovers as
a regular part of their position. A sleepover means sleeping in at night to be
on call for emergencies.
The following conditions shall apply to each night of
"sleepover":
(a) The time for a
sleepover shall be not less than seven hours nor more than ten hours on any one
night.
(b) Employees
shall be provided with free board and lodging for each night on which they are
required to sleep over.
(c) Full-time
employees shall be provided with a separate room and bed.
(d) In addition to
the provision of free board and lodging for such nights, the employee shall be
entitled to a sleepover payment as set out in Item 6 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates, for each night on which they sleep
over.
(e) Each sleepover
shall appear on the roster.
(f) A sleepover
may be rostered to commence immediately at the conclusion of the employee's
shift and be continuous with that shift, and/or immediately prior to the employee's
shift and be continuous with that shift, but not otherwise.
(g) No work other
than that of an essential nature involving direct care of residents shall be
required to be performed during any sleepover.
(h) An employee
directed to perform work other than that of an emergency and essential nature
during any sleepover shall be regarded as being on shift for the whole of the
sleepover, and shall be paid accordingly.
(i) No employee
shall be required to sleep over during any part of his/her rostered days off
provided for in subclause (iv) of clause 5, Hours of Work.
(j) Nothing in
this clause shall preclude the employer from rostering an employee to work
shift work in lieu of undertaking sleepovers.
(k) In the event
of the serious illness or behavioural disturbance of a resident, the employee
shall notify the Manager, School Boarding Services, and request to be provided
with relief to allow the employee a period of eight consecutive hours off duty,
without loss of pay for ordinary working time occurring during such period,
before recommencing ordinary hours of work. If, on the instruction of the
Institute, such an employee resumes or continues work without having had such
eight consecutive hours off duty, he/she shall be paid at double ordinary time
until he/she is released from duty for such period and he/she shall be entitled
to be absent until he/she has had eight consecutive hours off duty, without
loss of pay for ordinary working time occurring during such absence.
(ii) Full-time
employees in group homes will be paid a 25 per cent loading in lieu of shift
allowances in respect of Monday to Friday work, broken shift allowances and the
payment of additional remuneration in respect of work performed in meeting any
emergency situations up to a maximum of one additional hour during any day on
which they are rostered to work. The
provisions of clause 8, Overtime, in Section 1 - General Award Provisions, will
apply with respect to all overtime other than that in respect of work performed
meeting any emergency situations up to a maximum of one additional hour during
any day on which the employee is rostered to work.
(iii) Part-time
employees who work a shift in a group home on weekends shall be paid a flat
rate equivalent to 14 hours at the employee's base hourly rate for each shift,
plus a 40 per cent loading of the base rate defined in the same way as the 25
per cent loading in subclause (ii) of this clause.
(iv) The ordinary
shift for a group home on the weekend shall take place between 7.00 a.m. and
9.00 p.m.
(v) Full-time
employees who live in a group home shall be provided with a separate room and
the use of household facilities free of charge.
(vi) Employees who
work in a group home and prepare meals for clients shall share such meals free
of charge.
46. Temporary
Relocation
(i) The Institute
may deploy Residential Care Assistants to any of its residential services
within any rostered duty period. Such deployment shall be determined by the
Manager, School Boarding Services, according to overall staffing needs, with
the provision that, in the event of this involving temporary relocation to an
off-site location, all reasonable travel expenses will be reimbursed by the
Institute unless transport is provided by the Institute.
(ii) All travel time
to the location will be time worked and paid at ordinary-time rates of pay.
SECTION 5 -
GENERAL AWARD PROVISIONS
47. Reasonable Hours
(i) Subject to
sub-clause (ii) an employer may require an employee to work reasonable overtime
at overtime rates.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of sub-clause (ii) what is reasonable or other wise will be determined
having regard to:
(a) any risk to
employee health and safety.
(b) The employee’s
personal circumstances including any family and carer responsibilities.
(c) The needs of
the workplace or enterprise.
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) Any other
relevant matter.
48. Area, Incidence
and Duration
(i) This award
was made following a review under section 19 of the Industrial Relations Act
1996. This award rescinds and replaces The Royal New South Wales Institute for
Deaf and Blind Children Employees' (State) Award published 19 January 2001 (321
I.G. 716), and all variations thereof; and all variations thereof.
(ii) This award
shall apply to the Royal Institute for Deaf and Blind Children and to all
employees of the Institute employed on the clerical and administrative staff,
the facilities staff and the residential care staff.
(iii) Section 1 of this
award shall apply exclusively to all employees of the Institute employed on the
clerical and administrative staff, the facilities staff and the residential
care staff.
(iv) Section 2 of
this award shall apply exclusively to all employees of the Institute employed
on the clerical and administrative staff.
(v) Section 3 of
this award shall apply exclusively to all employees of the Institute employed
on the facilities staff.
(vi) Section 4 of
this award shall apply exclusively to all employees of the Institute employed
on the residential care staff.
(vii) It shall take
effect from 24 November 2003 and remain in force for a period of 24 months.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Classification
|
Current Rate
|
SWC 2003
|
Wage Rate
|
|
Per week
|
adjustment
|
as from 13.9.2003
|
|
|
Per week
|
Per week
|
|
|
$
|
$
|
(i) Facilities Staff -
|
|
|
|
|
|
|
|
Technical Staff Group -
|
|
|
|
Technical Assistants/Aides -
|
|
|
|
|
|
|
|
Junior Scales -
|
|
|
|
At 16 years of age and under
|
309.80
|
3.2%
|
319.70
|
At 17 years of age
|
349.30
|
3.2%
|
360.50
|
|
|
|
|
Adult Scales - Grade I -
|
|
|
|
1st year
|
506.90
|
17.00
|
523.90
|
2nd year
|
514.70
|
17.00
|
531.70
|
3rd year
|
526.20
|
17.00
|
543.20
|
Recreational Activities Officer -
|
|
|
|
1st year of experience
|
514.70
|
17.00
|
531.70
|
2nd year of experience
|
526.20
|
17.00
|
543.20
|
3rd year of experience
|
533.90
|
17.00
|
550.90
|
Domestic Staff Group -
|
|
|
|
Cleaner
|
500.10
|
17.00
|
517.10
|
|
|
|
|
Domestic Assistant -
|
|
|
|
18 years of age and over
|
481.00
|
17.00
|
498.00
|
Under 18 years of age
|
410.90
|
3.2%
|
424.00
|
|
|
|
|
Catering Staff Group -
|
|
|
|
Cook Grade "A"
|
525.20
|
17.00
|
542.20
|
Cook Grade "B"
|
508.40
|
17.00
|
525.40
|
Catering Officer
|
604.30
|
17.00
|
621.30
|
Assistant Catering Officer
|
538.10
|
17.00
|
555.10
|
Assistant Cook
|
501.50
|
17.00
|
518.50
|
Kitchen Hand/Scullery Hand
|
489.60
|
17.00
|
506.60
|
|
|
|
|
Laundry Staff Group -
|
|
|
|
|
|
|
|
Laundry/Linen Hand -
|
|
|
|
18 years of age or over
|
481.00
|
17.00
|
498.00
|
Under 18 years of age
|
413.00
|
3.2%
|
426.20
|
|
|
|
|
Wash House Employee -
|
|
|
|
|
|
|
|
Industrial or Commercial Washing Machine Operator
|
489.60
|
17.00
|
506.60
|
Foreperson -
|
|
|
|
Grade A
|
534.70
|
17.00
|
551.70
|
Grade B
|
520.70
|
17.00
|
537.70
|
Grade C
|
509.40
|
17.00
|
526.40
|
|
|
|
|
Seamstress -
|
|
|
|
18 years of age and over
|
481.00
|
17.00
|
498.00
|
Under 18 years of age
|
410.60
|
3.2%
|
423.70
|
|
|
|
|
Maintenance and Stores Group -
|
|
|
|
|
|
|
|
Engineer -
|
|
|
|
1st year of service
|
684.70
|
17.00
|
701.70
|
2nd year of service
|
725.70
|
17.00
|
742.70
|
|
|
|
|
|
|
|
|
Maintenance Officer (Qualified)
|
594.00
|
17.00
|
611.00
|
Handyperson
|
495.50
|
17.00
|
512.50
|
|
|
|
|
Motor Vehicle Drivers -
|
|
|
|
A - Sedan
|
506.30
|
17.00
|
523.30
|
B - Utility
|
509.40
|
17.00
|
526.40
|
C - Ambulance/Minibus
|
512.50
|
17.00
|
529.50
|
D - Larger Vehicle under 5 tonnes
|
517.30
|
17.00
|
534.30
|
E - Truck, 5 tonnes or over
|
524.50
|
17.00
|
541.50
|
|
|
|
|
Head Gardener -
|
|
|
|
Qualified
|
555.60
|
17.00
|
572.60
|
Otherwise
|
528.70
|
17.00
|
545.70
|
Gardener -
|
|
|
|
Qualified
|
514.60
|
17.00
|
531.60
|
Otherwise
|
497.90
|
17.00
|
514.90
|
|
|
|
|
Gardener's Labourer
|
489.60
|
17.00
|
506.60
|
|
|
|
|
Groundsperson/General Hand
|
489.60
|
17.00
|
506.60
|
|
|
|
|
Storesperson
|
495.50
|
17.00
|
512.50
|
A stores record keeping allowance in the nature of salary being
40 per cent of the difference between the storekeeper rate of pay and the
storeperson rate of pay, shall be paid in recognition of the duties contained
in the duty statement as at 7 February 1995 for the position of
Storeperson/Storekeeper. See Item 7
of Table 2, Other Rates and Allowances.
|
Storekeeper
|
532.70
|
17.00
|
549.70
|
The level of appointment within the incremental scale will
take into account previous experience whether within the Institute or with
other employers.
|
Leading Hand Allowance -
|
|
|
|
In charge of 2 to 5 other employees
|
16.60
|
3.2%
|
17.10
|
In charge of 6 to 10 other employees
|
23.40
|
3.2%
|
24.10
|
In charge of 11 to 15 other employees
|
29.90
|
3.2%
|
30.90
|
In charge of 16 to 19 other employees
|
36.40
|
3.2%
|
37.60
|
|
|
|
|
(ii) Residential Care Staff -
|
|
|
|
Employees shall be paid not less than the following
minimum salaries:
|
(a) Residential Care Assistant
|
|
|
|
1st year of service
|
501.60
|
17.00
|
518.60
|
2nd year of service
|
509.40
|
17.00
|
526.40
|
3rd year of service
|
517.20
|
17.00
|
534.20
|
4th year of service
|
528.80
|
17.00
|
545.80
|
5th year of service
|
539.00
|
17.00
|
556.00
|
|
|
|
|
A residential care assistant who completes one of the
qualifications necessary for appointment to the classification of residential
care worker shall, on completion of such qualification, be promoted to the
classification of residential care worker to that incremental step of the
scale of residential care worker which takes into account the minimum level
for appointment for the qualification completed, provided that a residential
care assistant who has completed 12 months service on the 5th year of the
scale for residential care assistant and who successfully completes the
Associate Diploma in Development Disabilities or the Associate Diploma in
Education-Habilitation shall be promoted to not less than the 2nd year rate
of the incremental scale for residential care worker.
|
(b) Residential Care Worker
|
|
|
|
1st year of service
|
539.00
|
17.00
|
556.00
|
2nd year of service
|
551.50
|
17.00
|
568.50
|
3rd year of service
|
564.40
|
17.00
|
581.40
|
4th year of service
|
584.50
|
17.00
|
601.50
|
5th year of service
|
607.60
|
17.00
|
624.60
|
6th year of service
|
631.90
|
17.00
|
648.90
|
7th year of service
|
657.50
|
17.00
|
674.50
|
|
|
|
|
(a) Employees who hold the Associate Diploma in
Development Disabilities or the Associate Diploma in Education-Habilitation
shall be appointed at not less than the 1st year of service of residential
care worker and shall progress by annual increments to the 5th year of
service.
|
(b) Employees who hold a degree, diploma or other
qualification in a therapy-related or education-related discipline shall be
appointed at not less than the respective year of the scale of residential
care worker, as follows, and shall progress by annual increments to the 7th
year of the scale.
|
(i) A degree or diploma
requiring the equivalent of a minimum of three years' full-time study - the
3rd year of service.
|
(ii) A degree with honours (four year course) or degree
and/or diploma requiring a minimum of the equivalent of four years full-time
study or a Master's Degree or higher qualification - the 4th year of service.
|
(c) Employees who hold
other tertiary qualifications considered by the employer to be of relevance
shall have such relevant qualifications taken into account.
|
(d) Employees with relevant experience, either with the same
or other employers, shall have such relevant experience taken into account.
|
(e) Progression - Progression through the incremental
scale for employees shall be automatic and occur at the end of each year of
service as an employee until the top of the incremental scale is reached,
with the proviso that the Head of Department may recommend the withholding of
an increment if an employee's performance is considered satisfactory.
|
(iii) Clerical Staff -
|
|
|
|
|
|
|
|
Clerk (Accounting), Clerk (Fundraising),
|
|
|
|
Clerk Typist, Administrative Assistant -
|
|
|
|
Grade 1
|
505.70
|
17.00
|
522.70
|
Grade 2
|
515.60
|
17.00
|
532.60
|
Grade 3
|
532.10
|
17.00
|
549.10
|
Grade 4
|
547.60
|
17.00
|
564.60
|
Grade 5
|
561.90
|
17.00
|
578.90
|
Grade 6
|
574.00
|
17.00
|
591.00
|
|
|
|
|
Clerical Supervisor (Accounting), Clerical Supervisor
|
|
|
|
(Fundraising)
|
|
|
|
Grade 1
|
619.50
|
17.00
|
636.50
|
Grade 2
|
642.90
|
17.00
|
659.90
|
Grade 3
|
666.90
|
17.00
|
683.90
|
|
|
|
|
Secretary -
|
|
|
|
Grade 1
|
510.30
|
17.00
|
527.30
|
Grade 2
|
527.00
|
17.00
|
544.00
|
Grade 3
|
578.60
|
17.00
|
595.60
|
Grade 4
|
620.50
|
17.00
|
637.50
|
|
|
|
|
Data-entry Operator, Text-entry Operator, Word
|
|
|
|
Processor
|
|
|
|
|
|
|
|
Grade 1
|
496.70
|
17.00
|
513.70
|
Grade 2
|
505.70
|
17.00
|
522.70
|
Grade 3
|
515.60
|
17.00
|
532.60
|
Grade 4
|
534.70
|
17.00
|
551.70
|
Grade 5
|
547.60
|
17.00
|
564.60
|
Grade 6
|
561.90
|
17.00
|
578.90
|
|
|
|
|
Proofreader -
|
|
|
|
Grade 1
|
496.70
|
17.00
|
513.70
|
Grade 2
|
505.70
|
17.00
|
522.70
|
|
|
|
|
|
|
|
|
Receptionist -
|
|
|
|
Grade 1
|
505.70
|
17.00
|
522.70
|
Grade 2
|
515.60
|
17.00
|
532.60
|
Grade 3
|
532.10
|
17.00
|
549.10
|
Grade 4
|
545.10
|
17.00
|
562.10
|
|
|
|
|
Clerical Assistant -
|
|
|
|
Grade 1
|
496.70
|
17.00
|
513.70
|
Grade 2
|
505.70
|
17.00
|
522.70
|
Grade 3
|
515.60
|
17.00
|
532.60
|
Grade 4
|
532.10
|
17.00
|
549.10
|
|
|
|
|
Junior -
|
|
|
|
Aged 17 years
|
319.70
|
3.2%
|
329.90
|
|
|
|
|
|
|
|
|
|
|
|
Table 2 - Other
Rates and Allowances
|
|
|
|
Item
|
Clause No.
|
Brief Description
|
Amount
|
No.
|
|
|
$
|
|
|
|
|
1
|
13 (i)
|
Transport allowance - under 1500 cc
|
34.6 cents per km
|
|
|
- 1500 cc to 2000 cc
|
40.4 cents per km
|
|
|
- 2001 cc to 4000 cc
|
46.3 cents per km
|
|
|
- 4001 cc plus
|
47.9 cents per km
|
2
|
10 (vii)
|
|
|
|
13 (iii)
|
Remote Call Allowance
|
11.90 per period
|
3
|
13 (iv)
|
In-service Training Course Allowance
|
17.00 per week
|
4
|
13 (v)
|
Residential Care Course Allowance
|
9.80 per week
|
5
|
13 (vi)
|
Broken Shift Allowance
|
6.40 per shift
|
6
|
13 (vii)
|
Sleepover Allowance
|
29.20 per night
|
7
|
Table 1
|
Stores Record Keeping Allowance
|
17.60 per week
|
P. J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.