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New South Wales Industrial Relations Commission
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ROYAL INSTITUTE FOR DEAF AND BLIND CHILDREN EMPLOYEES' (STATE) AWARD
  
Date04/16/2004
Volume344
Part1
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C2452
CategoryAward
Award Code 006  
Date Posted04/07/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(006)

SERIAL C2452

 

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.

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