NURSES ON WHEELS INC. NURSES' (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5758 of 2003)
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Before Mr Deputy President
Grayson
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12 December 2003
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REVIEWED AWARD
PART A
Clause No. Subject Matter
1. Definitions
2. Hours
3. Salaries
4. Part-time
and Casual Employment
5. Higher
Grade Pay
6. Overtime
7. Penalty
Rates for Afternoon Shift Work
8. Holidays
9. Saturday,
Sunday and Holiday Rates
10. Annual
Leave
11. Annual
Leave Loading
12. Long
Service Leave
13. Sick Leave
14. Special
Leave
15. Parental
Leave
16. Expenses
and Allowances
17. Terms of
Employment
18. Disciplinary
Procedure
19. Disputes
Procedure
20. Anti-Discrimination
21. Appointments
and Promotions
22. Uniforms
and Laundry Allowances
23. Labour
Flexibility
24. Savings
and Transitional Arrangements
25. Redundancy
26. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates
and Allowances
1. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have the respective meanings
assigned to them:
"Board" means the Nurses' Registration Board of
New South Wales, appointed under the provisions of the Nurses Act 1991.
"Association" means the New South Wales Nurses'
Association.
"Administrator/Director of Nursing" means a
registered nurse responsible for the Nursing Service and its administration and
organisation, including budgeting matters and staffing.
"Deputy Director of Nursing" means a registered
nurse appointed as such by the Nursing Service.
"Director of Nursing" means a registered nurse
responsible for the Nursing Service and its administration and organisation.
"Registered Nurse" means a person registered by
the Board as such.
"Service" means service identified under clause
24, Savings and Transitional Arrangements, and all service, including service
before this award was made, with Nurses On Wheels Incorporated.
"Nursing Service" means Nurses on Wheels
Incorporated.
2. Hours
(i) The ordinary
hours of work shall not exceed 38 per week, to be worked not more than eight
hours per day in continuous periods (except for a meal break) as rostered,
Monday to Sunday, inclusive, and including public holidays; provided two clear
days are allowed off each week when the employee works an ordinary day on
Saturday and Sunday as a part of his/her ordinary working week, and at least
one clear day is allowed in all other cases.
(ii) Such ordinary
hours of work as occur during the rostered-on hours shall be paid as follows:
(a) Saturday -
time and one-half.
(b) Sunday -
double time.
(c) Holidays -
double time and one-half.
If an employee is required to work ordinary hours on
picnic day or Bank Holiday, the time worked shall be satisfied by the granting
of a day off in lieu.
The weekend and holiday penalty rates prescribed in
this subclause are not payable for work performed in excess of the ordinary rostered
hours on a Saturday and Sunday and holidays.
Such excess hours are to be paid for as overtime in accordance with
clause 6, Overtime.
(iii) The ordinary
working hours for employees may be altered to provide for a system of variable
working hours, subject to prior agreement being reached between the Nursing
Service and the New South Wales Nurses' Association.
3. Salaries
(i) The minimum
rates of pay to be paid to employees shall be as set out in Table 1 - Salaries,
of Part B, Monetary Rates.
"Service", for the purpose of this subclause,
means service in the profession of nursing in New South Wales or elsewhere.
(ii)
(a) Employees may,
by mutual agreement, be paid by either the week, fortnight or other period.
(b) The Nursing
Service may pay by cash, cheque or direct credit to the employee's nominated
account; provided that, where payment is made by cheque or direct credit, all
charges ancillary to such payments shall be met in full by the Nursing Service.
(c) The Nursing
Service shall fix a regular pay day for the payment of wages where mutually
agreed between the Nursing Service and the employees. The Nursing Service may alter the pay day if there is prior
agreement with employees.
(d) If the Nursing
Service and employees cannot agree to alter the method of payment of wages, the
disputes procedure as set out in clause 19, Disputes Procedure, is to be
followed.
(iii)
(a) The salaries
prescribed in the said Table 1 include the following salary increases:
2% from the first pay period on or after 1 January 2000
2% from the first pay period on or after 1 January 2001
3% from the first pay period on or after 1 January 2002
10% from the first pay period or of after 1 January
2003
5% from the first pay period on or after 1 July 2003.
These salary increases are subject to, and intended to
reflect, the increases that applied to the Public Hospital Nurses (State)
Award.
(b) The increases
specified above have been paid by administrative action.
(c) The parties
agree that any further increases to wages and allowances in the Public Hospital
Nurses’ (State) Award shall be payable to employees covered by this award. Such
increases shall be incorporated into this award by way of variation under s17
of the Industrial Relations Act 1996.
(d) The Deputy
Director of Nursing, Director of Nursing and the Administrator/Director of
Nursing classifications are graded respectively at the equivalent of Nurse
Manager Grade 2, Nurse Manager Grade 3
and Nurse Manager Grade 5 under the Public Hospital Nurses (State) Award. It remains open to the employer and the
Association to seek to have the positions or any future incumbent regraded
within the Nurse Manager structure in the event that the role associated with
the positions change.
(iv) Registered
Nurse Incremental Scale - Transitional Arrangements
(a) For the
purposes of this clause, "transitional date" means the first pay
period commencing on or after 1 July 1996.
(b) The year of
service, for the purpose of the incremental scale for a registered nurse employed
at the transitional date, shall be determined by locating the registered
nurse's current year of service on the incremental scale in Column A of the
Transitional Table in subclause (d) of this clause. The registered nurse's
incremental year of service shall be deemed to be the year of service appearing
opposite in Column B of the Transitional Table.
Provided that a registered nurse with eight or more
actual years of service shall be placed on the eighth year of service in Column
B of the Transitional Table.
(c) Registered
nurses who commence employment with an employer after the transitional date
shall have their year of service determined as if they were employed by the
employer at the transitional date. That
is, the transitional arrangements shall apply to all periods of employment
under this award which commence on or after the transitional date.
(d) Transitional
Table -
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Column A
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Column B
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(Old incremental
scale)
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(New incremental
scale)
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First year of service
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First year of service
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Second year of service
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First year of service
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Third year of service
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Second year of service
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Fourth year of service
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Third year of service
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Fifth year of service
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Fourth year of service
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Sixth year of service
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Fifth year of service
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Seventh year of service
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Sixth year of service
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Eighth year of service
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Seventh year of service
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UG1
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Eighth year of service
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Note: For the purposes of the old incremental scale only,
a
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registered nurse who has obtained an appropriate degree in
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Nursing or Applied Science (Nursing) or Health Studies
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(Nursing) (referred to for the purposes of this clause as
a
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"UG1" qualification) shall enter the incremental
scale on the
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second year of service.
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(e) The year of
service determined by this clause shall be the year of service only for the
purposes of clause 3, Salaries. In particular, this clause shall not affect the
definition of service for the purpose of clauses 10, Annual Leave; 12, Long
Service Leave, and 13, Sick Leave.
4. Part-Time and
Casual Employment
(i)
(a) A part-time
employee shall mean an employee who is engaged on the basis of a regular number
of hours which is less than the full-time ordinary hours prescribed by this
award.
(b) Such employee
shall receive all the conditions prescribed by this award on a pro rata basis
of the regular hours worked.
(c) Where a public
holiday falls on a day on which a part-time employee would have regularly
worked, that employee shall be paid for the hours normally worked on that day.
(ii)
(a) A casual
employee shall mean an employee engaged on a day to day basis.
(b) A casual
employee shall be paid a 20 per cent loading on the appropriate hourly rate for
every hour worked. This loading shall
be paid in lieu of all leave prescribed by this award.
5. Higher Grade Pay
(i) An employee
required to perform the normal duties of a higher grade than that in which the
employee is regularly employed shall, in addition to the normal salary, be paid
the difference between the normal salary and that prescribed in the award for
the higher grade; provided that:
(a) Higher grade
pay is payable on the basis of the position relieved in and not the employee
relieved.
(b) Higher grade
pay is not payable where the employee relieving is on the same incremental
scale as the employee being relieved.
(ii) Where an
employee is required to act in the higher grade in accordance with subclause
(i) for a period of at least two consecutive working days during which a
holiday occurs, such holiday shall be deemed to be a working day for the
purposes of subclause (iii).
(iii) Periods of
acting of less than two consecutive working days shall not be taken into
account.
6. Overtime
(i) Employees
shall work reasonable overtime when required by the employer.
(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 subclause (ii) what is unreasonable or otherwise will be determined
having regard to:
(a) any risk to
the employee health and safety;
(b) the employee’s
personal circumstances including any family and carer responsibilities;
(c) the needs of
the facility;
(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.
(iv) All time
actually worked in excess of 38 hours in any week shall be paid for at the rate
of time and one-half for the first two hours and double time thereafter.
Overtime is to be claimed within 30 days of having worked it.
(v) An employee
who, having been so instructed, works overtime for one and one-half hours or
more prior to his/her usual commencing time, shall be paid a meal allowance as
set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
(vi) An employee
who, having been so instructed, works overtime for one and one-half hours or
more immediately after his/her usual ceasing time shall be allowed a meal break
of 20 minutes (to be paid for at the appropriate overtime rate) and shall be
paid a meal allowance as set out in the said Item 1.
(vii) A further meal
break of 20 minutes shall be allowed, and a meal allowance as set out in Item 2
of the said Table 2 shall be paid, after the first four hours and again after
the second four hours of continuous overtime worked after his/her usual ceasing
time.
(viii) The meal
breaks prescribed in subclauses (vi) and (vii) of this clause shall be taken as
they fall due, or otherwise by mutual arrangement.
(ix) Call-back - An
employee who is recalled to work overtime after leaving his/her place of work
shall be paid for a minimum of four hours' work for each time so recalled, at
the appropriate rate; provided that any subsequent call-backs occurring within
the four-hour period shall not attract any additional payment other than the
appropriate rate; and provided further that, except in the case of unforeseen
circumstances arising, the employee shall not be required to work the full four
hours if the job he/she was recalled to perform is completed in a shorter
period.
This subclause shall not apply in cases where the
overtime is predetermined, or where it is customary for an employee to return
to his/her place of work to perform a specific job outside his/her ordinary
working hours, or where overtime is continuous (subject to a reasonable meal
break) with the completion or commencement of ordinary working time.
(x)
(a) An employee
required by his/her employer to be on call for duty shall be paid an allowance
as set out in Item 3 of Table 2 for each period of 24 hours or part thereof;
provided that one allowance shall be payable in any period of 24 hours.
(b) An employee
who is directed to remain on call during a meal break shall be paid an
allowance as set out in Item 4 of Table 2.
(c) An employee on
call shall be entitled to be reimbursed all reasonable fares and expenses
actually incurred; provided that, where an employee uses his/her motor car in
these circumstances, the allowance payable shall be in accordance with paragraph
(a) of subclause (iv) of clause 16, Expenses and Allowances.
(xi)
(a) Where there is
prior agreement between the Nursing Service and the employee, an employee
directed to work in excess of ordinary hours may elect either to be paid the
appropriate overtime rate or be granted equivalent time in lieu of overtime
worked.
(b) This subclause
shall not apply to employees who are on call in accordance with subclause (ix)
of this clause or who are called back to work or who are called to work in
accordance with the said subclause (ix).
7. Penalty Rates for
Afternoon Shift Work
(i) Employees
working afternoon shift shall be paid the following percentages in addition to
the ordinary rate for such shift; provided that employees who work less than 38
hours per week shall only be entitled to the additional rates where the
afternoon shift finishes subsequent to 6.00 pm:
Afternoon shift commencing at 10.00am and before
1.00pm. - 10%
Afternoon shift commencing at 1.00pm and before 4.00pm.
- 12.5%
(ii) "Ordinary
rate" and "ordinary time" shall not include any percentage
addition by reason of the fact that an employee works less than 38 hours per
week.
(iii) For the
purposes of this clause, day and afternoon shift shall be defined as follows:
"Day shift" means a shift which commences at
or after 6.00am and before 10.00am.
"Afternoon shift" means a shift which
commences at or after 10.00am and before 4.00pm.
(iv) Employees
whose ordinary working hours include work on a Saturday and/or Sunday shall be
paid in accordance with clause 2, Hours, and these 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 employees who
work less than 38 hours per week, but such employees are not entitled to be
paid, in addition, any allowance prescribed by clause 4, Part-time and Casual
Employment, in respect of their employment between midnight on Friday and
midnight on Sunday.
8. Holidays
(i) The days on
which the following holidays are observed shall be holidays: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, August Bank Holiday, Eight-hour Day, Christmas Day, Boxing Day and an
additional day as a picnic day to be observed on a date as agreed between the
Nursing Service and staff, and any other part day, day or days, as may
hereafter be proclaimed as holidays throughout the State or the municipality.
In any pay period in which any of the abovementioned holidays fall, the salary
shall be paid without deduction.
(ii) When a
holiday as prescribed by this clause occurs on an employee's rostered day off,
while employed on a seven-day-a-week roster, he/she shall be paid an ordinary
day's pay for each such day in addition to his/her ordinary week's pay.
9. Saturday, Sunday
and Holiday Rates
(i) An employee
who, other than as part of his/her ordinary rostered-on hours, is required to
work on a Saturday, Sunday or a holiday, shall be paid:
(a) Before noon on
a Saturday - time and one-half for the first two hours and double time
thereafter.
(b) Afternoon on a
Saturday - double time.
(c) On a Sunday -
double time.
(d) On a holiday -
double time and one-half, with a minimum payment of four hours work for each
start. If an employee is required to
work ordinary hours on picnic day or Bank Holiday, the time worked shall be
satisfied by the granting of a day off in lieu.
(ii) An employee
who, other than as part of his/her ordinary rostered-on hours, is required to
work on a Saturday, Sunday or holiday continuously for a period of four hours
shall be allowed a meal break of 20 minutes (paid at the appropriate rate) and
shall be paid a meal allowance as set out in Item 5 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates.
(iii) A further
meal break of 20 minutes shall be allowed, and a meal allowance as set out in
Item 6 of Table 2 shall be paid, after the expiration of the second period of
four hours' continuous work on a Saturday, Sunday or a holiday not being part
of the employee's ordinary rostered-on hours; provided that work continues
after the expiration of such time.
(iv) Meal breaks
prescribed in subclauses (ii) and (iii) of this clause shall be taken as they
fall due, or otherwise by mutual arrangement.
(v) An employee
who works on a Saturday, Sunday or a holiday as part of his/her rostered-on
hours shall be paid in accordance with subclause (ii) of clause 2, Hours, for
such rostered-on hours and in accordance with subclause (i) of this clause for hours
not being part of his/her rostered-on hours for work on any such day; provided
that the minimum payment of four hours shall not apply.
10. Annual Leave
(i) Annual leave
consisting of four weeks on full pay, exclusive of public holidays observed on
working days, shall be granted to an employee after each 12 months' service and
shall be taken on its due date or as soon as is mutually convenient thereafter
to the Nursing Service and the employee. Leave shall not accumulate beyond two
years' entitlement and, where the leave is not granted (after written
application made by the employee), payment shall be made in lieu thereof.
(ii) Notification
as to the taking of annual leave shall be given to an employee entitled thereto
at least one month before the commencement of such leave.
(iii) Where an
employee with at least 12 months' service resigns, or has his/her employment
terminated for any reason, the Nursing Service shall pay to such employee or to
his/her legal representative, as the case may be, the monetary equivalent of
all untaken leave of absence in respect of any past year or years of service
with the Nursing Service, as well as a corresponding monetary allowance in
respect of and proportionate to the fractional period of his/her employment
during his/her then current year of service subject, however, to a deduction
therefrom of the monetary equivalent of any leave of absence which he/she may
have already taken during and in respect of such current year of service. The monetary equivalents and monetary
allowance provided for in this subclause shall be determined according to the
rate of the employee's wage obtained at the time of his/her
resignation/termination of employment, as the case may be.
(iv) Where an
employee with less than 12 months' service resigns, retires or has his/her
services terminated, he/she or his/her legal representative shall be paid, for
each completed week of service, an amount equal to one-twelfth of his/her
weekly rate payable at the date of termination of his/her service.
(v) An employee
shall be paid for all such holiday leave taken immediately before the
commencement of the leave.
(vi) Where the
service of the employee is terminated by death, the Nursing Service shall pay
to his/her spouse or dependant children, as the Nursing Service shall
determine, the monetary equivalent of any untaken annual leave standing to
his/her credit at the time of his/her decease.
11. Annual Leave
Loading
(i) Before an
employee is given and takes his/her annual leave or where, by agreement between
the Nursing Service and employee the annual leave is given and taken in more
than one separate period, then before each of such separate periods the Nursing
Service shall pay to the employee a loading determined in accordance with this
clause.
(ii) The loading
is payable in addition to the pay for the period of leave given and taken and
due to the employee under this award.
(iii) The loading
is the amount payable for the period or the separate period, as the case may
be, at the rate per week of 17.5 per cent of the ordinary rate of pay; provided
that such loading shall be restricted to payment on four weeks' annual leave
per annum for each annual leave entitlement.
(iv) No loading is
payable to an employee who takes annual leave wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when he/she would have become entitled under this award to annual leave, the
loading then becomes payable in respect of the period of such leave and is to
be calculated in accordance with subclause (iii) of this clause, applying the
award rates of pay payable to the employee on that day.
(v)
(a) When the
employment of an employee is terminated by the Nursing Service for a cause
other than misconduct and, at the time of termination, the employee has not
been given and has not taken the whole of annual leave to which he/she became
entitled, he/she shall be paid a loading calculated in accordance with
subclause (iv) of this clause for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
12. Long Service
Leave
(i)
(a) Except as
hereinafter provided, an employee to whom this award applies, upon completion
of ten years' continuous service, shall be entitled to long service leave on
full pay as follows:
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Length of Service
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Entitlement
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After 10 years' service
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13 weeks
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After 15 years' service
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19.5 weeks
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After 20 years' service
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30.5 weeks
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For every completed
period of 5 years' service
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thereafter
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11 weeks
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(b) Where an
employee has completed at least five years' service but less than ten years'
service, and is terminated by the Nursing Service for any cause or by the employee
on account of illness or incapacity or domestic or other pressing necessity or
on retirement age (being from 60 years of age) or death, the Nursing Service
shall pay to such employee the monetary equivalent of a proportionate amount on
the basis of 1.3 weeks' pay for each year of service, computed in monthly
periods.
(c) When the
service of an employee with ten years' service but less than 15 years is
terminated for any cause, long service leave shall be deemed to have accrued for
his/her total length of service and an amount equivalent to such accrued long
service leave, less such leave already taken, computed in monthly periods and
equivalent to 1.3 weeks for each year of service.
(d) When the
service of an employee with 15 years or more service is terminated for any
cause, long service leave shall be deemed to have accrued for his/her total
length of service and any amount equivalent to such long service leave, less
such leave already taken, computed in monthly periods and equivalent to 1.3
weeks for each year of service up to 15 years and 2.2 weeks for each year of
service from 15 years onwards.
(ii) Long service
leave shall be taken at a time mutually convenient to the Nursing Service and
the employee in minimum periods of two weeks; provided that all long service
leave accruing on or after 23 June 1988 shall be taken within five years of its
falling due, at a mutually convenient time.
(iii) For the
purpose of calculating long service leave entitlement in accordance with subclause
(i) of this clause, all prior continuous service in accordance with clause 24,
Savings and Transitional Arrangements, shall be recognised as service for the
purposes of long service leave.
For the purpose of this subclause, continuous service
shall be in accordance with subclause (iv) of this clause.
(iv) Payment to an
employee proceeding on long service leave shall be made by the Nursing Service
when the employee enters upon the leave.
(v) For the
purpose of this clause, service shall include the following periods:
(a) Any period of
service with any of Her Majesty's Forces, provided that the employee enlisted
or was called up direct from the service of the Nursing Service.
(b) There shall be
deducted in the calculation of the employee's service all leave of absence
without payment not specifically acknowledged and accepted by the Nursing
Service as service at the time leave was taken, and excepting periods of unpaid
sick leave.
(vi) "Full
pay" shall mean the salary prescribed by clause 3, Salaries, and, in the
case of an employee who enters upon a period of leave, such salary as is
applicable to the said period of leave.
In the case of an employee who dies after having become entitled to, but
not having entered upon, a period of leave, such salary as is applicable at the
date of such death.
(vii) Where, after
an employee has become entitled to a period of leave, his/her employment is
terminated (whether by resignation, death or dismissal for any cause) he/she
shall be deemed to have entered upon his/her leave at the date of termination
of employment and shall be entitled to payment accordingly.
(viii) Long service
leave provided by this clause shall be exclusive of annual leave, but inclusive
of any other holidays occurring during the taking of any period of long service
leave.
(ix) When the
service of any employee is terminated by death, the Nursing Service shall pay
to his/her spouse or dependant children, as the Nursing Service shall
determine, the monetary equivalent of any untaken long service leave standing
to his/her credit at the time of his/her death.
13. Sick Leave
(i) Employees who
have completed three months' service in the industry covered by this award who are
unable, due to sickness, to attend for duty shall be entitled, during each year
of service, to sick leave of three weeks on full pay, subject to the following
conditions:
(a) that the
Nursing Service is satisfied that the sickness is such that it justifies the
time off and does not arise from serious misconduct; and
(b) that proof of
illness to justify payment will be required after two days' absence or after
three separate periods in each service year.
(ii) Sick leave
not taken under this clause or under clause 14, Sick Leave, of the Nurses,
&c., Other Than In Hospitals, &c. (State) Award published 15 October
1993 (276 I.G. 1108), which has been partly rescinded and replaced by this
award, shall accumulate from year to year so that any balance of leave owing to
the employee may be claimed in a subsequent year. The sick leave entitlement accrued shall be the amount the
employee was entitled to, as prescribed by the appropriate award, at the time
of accrual.
(iii) The Nursing
Service may request employees to attend the Nursing Service's doctor at the
Nursing Service's cost.
(iv) Where an
employee has had ten years' service with the Nursing Service, and his/her sick
leave as prescribed herein has become exhausted, the Nursing Service may grant
such additional sick leave as, in its opinion, the circumstances may warrant.
(v) If the
employee becomes sick or is injured whilst on annual leave and produces, within
a reasonable time, satisfactory medical evidence that he/she is unable to
derive benefit from his/her annual leave he/she may be granted, at a time
convenient to the Nursing Service, additional leave equivalent to the period of
sickness or injury occurring within the scheduled period of annual leave;
provided that the period of sickness or injury is at least seven consecutive
days.
(vi) If the
employee becomes sick or injured whilst on long service leave and produces at
the time satisfactory medical evidence that he/she is unable to derive benefit
from his/her long service leave, he/she shall be granted, at a time convenient
to the Nursing Service, additional leave equivalent to the period of sickness
or injury occurring within the scheduled period of long service leave; provided
that the continuous period of sickness or injury is equivalent to at least
one-quarter of the period of long
service leave taken or two weeks, whichever is the shorter period; and provided
further that such leave shall be debited against his/her sick leave
entitlement.
(vii) Use of Sick
Leave -
(a) An employee
with responsibilities in relation to a class of person set out in subparagraph
(2) of paragraph (c) of this subclause who needs their care and support shall
be entitled to use, in accordance with this subclause, any sick leave
entitlement which accrues after 3 September 1996 for absences to provide care
and support for such persons when they are ill.
(b) The employee
shall, if required, establish, by production of a medical certificate or
statutory declaration, the illness of the person concerned.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being:
(i) a spouse of
the employee; or
(ii) a de facto spouse
who, in relation to a person, is a person of the opposite sex to the first
mentioned person and 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
(iii) a child or an
adult child (including an adopted child, a stepchild, 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
(a) "relative"
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(c) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(ix) Unpaid Leave
for Family Purpose -
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person, as set out in subparagraph (2) of paragraph (c) of subclause
(viii) of this clause, who is ill.
(x) Annual Leave -
(a) To give effect
to this clause, but subject to the Annual Holidays Act 1944, an employee
may elect, with the consent of the employer, to take annual leave not exceeding
five days in any calendar year at a time or times agreed upon 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.
(xi) Time Off in
Lieu of Payment for Overtime -
(a) 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 upon with the employer.
(b) 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.
(c) An employer
shall, if requested by an employee, provide payment at the rate provided for
the payment of overtime in the award for any overtime worked under paragraph
(a) of this subclause where such time has not been taken within four weeks of
accrual. Notwithstanding anything
contained elsewhere in this subclause, on notice from the employer an employee
must elect, within six months of accrual, whether to take overtime worked under
the said paragraph (a) as an overtime payment or as time off work at the
ordinary-time rate of pay.
(xii) Make-up Time -
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.
14. Special Leave
(i) When an
employee is absent from duty because of a death in the family he/she may, at
the discretion of the Nursing Service, be granted leave with pay upon the day
of the death and the day of the funeral. For the purpose of this clause, family
shall mean mother, father, sister, brother, wife, husband, daughter, son,
mother-in-law or father-in-law.
(ii) Jury Service
- An employee required to attend for jury service during his/her ordinary
working hours shall be reimbursed by the Nursing Service up to a maximum of
five days in the period of two years, an amount equal to the difference between
the amount paid in respect of his/her attendance for 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 the Nursing Service
as soon as possible of the date upon which he/she is required to attend for
jury service. Further, the employee
shall give the Nursing Service proof of his/her attendance and the amount
received in respect of such jury service.
(iii) Examination
Leave - Employees required to undertake examinations as part of a course of
study approved by the Nursing Service shall be granted leave with pay to attend
such examinations, provided that the Nursing Service shall reserve the right to
review such leave if the employee fails to proceed to the next stage of the
course.
(iv) Study Leave -
Employees undertaking external part-time courses which will better qualify the
employee for service within the New South Wales health system may be granted
study leave by the Nursing Service of up to four hours per week, with
arrangements generally consistent with what is available to staff of public
hospitals.
15. Parental Leave
Employees of the Nursing Service shall be entitled to
parental leave as provided by Part 4, Parental Leave, of Chapter 2, Employment,
of the Industrial Relations Act 1996.
16. Expenses and
Allowances
(i)
(a) All reasonable
out-of-pocket and travelling expenses incurred by an employee in the discharge
of his/her duties shall be paid by the Nursing Service and, where practicable,
in weekly or fortnightly payments. The
method and mode of travelling or the vehicle to be supplied shall be mutually
arranged between the Nursing Service and the employee.
(b) An employee
who, with the approval of the Nursing Service, provides his/her own vehicle for
use on Nursing Service business, shall
be paid an allowance based on the rate prescribed by the Health Department's
Transport Allowance in force from time to time.
(ii)
(a) Employees who
are required, as part of the normal course of their duties, to drive a vehicle
shall be reimbursed the cost of holding a New South Wales red, silver or gold
driver's licence, whichever is applicable.
(b) Where a
driver's licence of more than one year's duration has been reimbursed, and:
(1) the employee's
service is terminated for any reason; or
(2) the employee's
licence is revoked, suspended or cancelled,
then the Nursing Service shall be entitled to deduct
from the wages or salary due to the employee the balance of the yearly
proportionate value of the licence.
(iii) Where an
employee and the Nursing Service agree that a telephone installed at the
employee's place of abode can be used as a means of communication to such
employee, the Nursing Service shall reimburse such employee the annual rental
of such telephone and for all outward calls on the Nursing Service's behalf.
(iv)
(a) Periods of
sick leave in any service year in excess of three weeks and annual leave in
excess of four weeks in any service year, or annual leave in excess of eight
weeks in any two consecutive service years, long service leave and periods when
the vehicle is off the road for routine service or for maintenance rendering
the vehicle safe to drive, shall not be counted and the quarterly period shall
be extended by such excess period.
(b) Where, by mutual
arrangement, an employee provides his/her own motor vehicle for use on official
business on an intermittent, irregular or casual basis, he/she shall be paid in
accordance with paragraph (a) of this subclause and shall not be entitled to
payment of the minimum yearly allowance.
17. Terms of
Employment
Except where otherwise provided in the terms of employment,
an employee shall give to the Nursing Service, and the Nursing Service shall
give to an employee, two weeks' notice of termination of employment; provided
that in the case of the Administrator/Director of Nursing the period shall be
four weeks. Provided that, except in
the case of the Administrator/Director of Nursing, the period of notice may be
one week upon application by an individual employee and with mutual agreement
between an employee and the Nursing Service, and the Nursing Service shall not
unreasonably withhold agreement to such a request.
18. Disciplinary
Procedure
(i) Where an
employee's work performance or conduct is considered to be unsatisfactory, the
employee shall be informed in the first instance of the nature of the
unsatisfactory performance or conduct and of the required standard to be
achieved, by the employee's immediate supervisor or other appropriate officer
of the Nursing Service.
Unsatisfactory work performance or conduct shall
include neglect of duties, breach of discipline, absenteeism and non-compliance
with safety standards. A written record
of such initial warning shall be kept on the appropriate file. The employee shall be entitled to sight and
sign such written record and add any notations regarding the contents of such
record.
(ii) Where there
is a recurrence of the unsatisfactory performance or conduct, the employee
shall be warned formally in writing by the appropriate officer of the Nursing
Service and counselled.
Counselling should reinforce the standard of work or
conduct expected and, where the employee is failing to meet these required
standards, a suitable review period set for monitoring the employee's
performance, the severity of the situation and whether disciplinary action will
follow should the employee's work performance or conduct not improve. A written record shall be kept of such
formal warning and counselling. The
employee shall be entitled to sight and sign such written record and add any
notations regarding the contents of such record.
(iii) If the
employee's unsatisfactory performance or conduct continues or resumes following
the formal warning and counselling, the employee shall be given a final
warning, in writing, giving notice of disciplinary action should the
unsatisfactory work performance or conduct not cease immediately.
(iv) If the
employee's performance or conduct does not improve after the final warning,
further disciplinary action shall be taken under the terms of the award.
(v) This shall not
affect the rights of the Nursing Service to suspend or take other disciplinary
action before and/or during the above procedure in cases of misconduct or where
the employee's performance warrants such action.
(vi) Either the
Nursing Service or the employee may request the presence of an Association
representative at any stage in the above procedure.
(vii) This procedure
shall not affect either party's right to substitute the disputes procedure of
the award or to notify the Industrial Registrar as to the existence of an
industrial dispute.
(viii) Employees
shall have access to their personal file and may take notes and/or obtain
copies of the contents of their file.
19. Disputes Procedure
(i) Any
grievance, complaint or dispute shall, in the first instance, be discussed at
the local level between representative(s) of the Nursing Service and
representative(s) of the employees.
(ii) Should the
matter not be resolved at the local level, it shall be referred to the
Association for discussion with representative(s) of the Nursing Service.
(iii) At any stage
of the disputes procedure, any party may notify the Industrial Registrar as to
the existence of an industrial dispute.
(iv) Work shall
continue as normal in accordance with the award, whilst a matter in dispute is
still in the course of negotiation and/or arbitration.
20.
Anti-Discrimination
(i) It is the
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
(ii) 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.
(iii) 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.
(iv) 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.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects .any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
21. Appointments and
Promotions
(i) An
appointment or promotion to a new or vacant position within the Nursing Service
shall be made in accordance with merit. When assessing the merit of the
application, the following criteria shall be considered:
(a) qualifications,
specialist knowledge and skills possessed;
(b) relevant
experience in the field of the new or vacant position;
(c) performance in
previous position;
(d) personal
attributes and potential possessed.
(ii) Where
requested, internal applicants shall be given the reasons in writing for not
being appointed.
(iii) The Nursing
Service shall make the following appointments:
an Administrator/Director of Nursing;
a Deputy Director of Nursing.
22. Uniform and
Laundry Allowances
(i) Subject to
subclause (ii) of this clause, sufficient suitable and serviceable uniforms
(which may be slack suits) shall be supplied, free of cost, by the Nursing
Service to employees.
(ii) In lieu of
supplying uniforms to an employee, an employer may pay the said employee the
sum as set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
(iii) If the
Nursing Service does not launder the uniforms of an employee without expense to
the employee, an allowance per week as set out in Item 8 of Table 2 shall be
paid to the said employee.
23. Labour
Flexibility
(i) An employer
may direct an employee to carry out such duties as are reasonable and within
the limits of the employee's skill, competence and training; provided that such
duties are not designed to promote deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained or has otherwise acquired the necessary skills in the use of such tools
and equipment.
(iii) Any direction
issued by an employer pursuant to subclauses (i) and (ii) of this clause shall
be consistent with the employer's responsibility to provide a safe and healthy
working environment.
(iv) Existing
provisions with respect to the payment of mixed functions/higher duties
allowances shall apply in such circumstances.
24. Savings and
Transitional Arrangements
(i) Prior to
incorporation and extension of services into the St George region, Nurses on
Wheels Inc. operated as Rockdale Community Mobile Nursing Service Inc. within
the Municipality of Rockdale under the Municipal and Shire Councils Nurses
(State) Award published 2 June 1982, reprinted 31 August 1990 and further
reprinted 23 August 1991 (264 I.G. 1271), as varied, and an unregistered
enterprise agreement.
(ii) It is the
intention of the parties, in consenting to the making of this award, that no
employee shall sustain any loss of benefits or entitlements as a result of the
making of this award. Therefore, employees shall retain all benefits and
entitlements enjoyed whilst employed by Rockdale Community Mobile Nursing
Service Inc. and, in particular, service recognition and leave accruals
established under the Municipal and Shire Councils (State) Award for the
purposes of the operation of this award.
25. Redundancy
The Nursing Service shall provide benefits and entitlements
in the event of redundancy in accordance with the standards applying in the public
sector generally and set out in Premier's Memorandum No. 96-5, Managing
Displaced Employees, dated 20 February 1996 and NSW Health Department Circular
No. 96/16 issued 29 March 1996.
26. Area, Incidence
and Duration
(i) This award
shall apply to all nursing employees of Nurses on Wheels Inc.
(ii) This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Nurses, &c., Other Than In Hospitals, &c.
(State) Award published 13 December 1996
(295 I.G. 1377), and all variations thereof, solely in respect of employees of
Nurses on Wheels Inc, save for the last paragraph of clause 27, Area, Incidence
and Duration of the said award.
(iii) The changes
made to the award pursuant to the Award Review under section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 12 December 2003.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
Part B
MONETARY RATES
Table 1 - Salaries
|
|
Full pay
|
Full pay
|
Full pay
|
Full pay
|
Full pay
|
|
Classification
|
period after
|
period after
|
period after
|
period after
|
period
|
|
|
1 January
|
1 January
|
1 January
|
1 January
|
after 1 July
|
|
|
2000
|
2001
|
2002
|
2003
|
2003
|
|
|
$
|
$
|
$
|
$
|
$
|
|
|
|
|
|
|
|
|
Registered Nurse
|
|
|
|
|
|
|
1st year
|
607.70
|
619.90
|
638.50
|
703.80
|
739.00
|
|
2nd year
|
640.90
|
653.70
|
673.30
|
742.20
|
779.30
|
|
3rd year
|
673.90
|
687.40
|
708.00
|
780.50
|
819.50
|
|
4th year
|
709.30
|
723.50
|
745.20
|
821.50
|
862.60
|
|
5th year
|
744.40
|
759.30
|
782.10
|
862.2
|
905.30
|
|
6th year
|
779.60
|
795.20
|
819.10
|
903.00
|
948.20
|
|
7th year
|
819.70
|
836.10
|
861.20
|
949.30
|
996.80
|
|
8th year
|
853.40
|
870.50
|
896.60
|
988.50
|
1037.90
|
|
Deputy Director of
|
|
|
|
|
|
|
Nursing
|
1,111.10
|
1,133.30
|
1,167.30
|
1,286.80
|
1,351.10
|
|
Director of Nursing
|
1,198.30
|
1,222.30
|
1,259.00
|
1,388.00
|
1,457.40
|
|
Administrator/Director
|
|
|
|
|
|
|
of Nursing
|
1,329.10
|
1,355.70
|
1,396.40
|
1,539.40
|
1,616.40
|
Table 2 - Other
Rates and Allowances
|
Item No.
|
Clause No.
|
Description
|
Amount
|
|
|
|
|
$
|
|
1
|
6(v) and (vi)
|
Overtime meal allowance
|
6.30
|
|
2
|
6(vii)
|
Further meal allowance
|
6.30
|
|
3
|
6(x)(a)
|
On-call duty allowance
|
4.30
|
|
4
|
6(x)(b)
|
On-call during meal break allowance
|
3.98
|
|
5
|
9(ii)
|
Saturday, Sunday and holiday meal allowance
|
6.30
|
|
6
|
9(iii)
|
Further meal allowance
|
6.30
|
|
7
|
22(ii)
|
Uniform allowance
|
8.36
|
|
8
|
22(iii)
|
Laundry allowance
|
3.44
|
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.