BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1729)

SERIAL C2517

CASTLEREAGH IMAGING ENTERPRISE (STATE) AWARD 2003

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Paedu Pty Ltd trading as Paedu Unit Trust.

(No. IRC 6716 of 2003)

Before Mr Deputy President Sams

4 December 2003

AWARD

PART 1

APPLICATION AND OPERATION

Clause No. Subject Matter

1. Definitions

1.1 Normal Hours

1.2 Full-Time Employee

1.3 Modalities

1.4 General Radiography

1.5 Union

1.6 Board

2. Area, Incidence and Parties Bound

3. Date and Period of Operation and Renewal

4. Relationship to Parent Award

5. New Employees

6. Precedent

7. Minimum Standards

PART 2

AWARD AIMS AND COMMUNICATION

8. Single Bargaining Unit

9. Aims of the Enterprise Award

10. Commitments

11. Joint Consultative Committee

PART 3

HOURS OF WORK AND CLASSIFICATIONS

12. Classifications - To be applied in conjunction with clause 15 - Progression/Career Development

12.1 Medical Receptionists

12.2 Medical Transcriptionists

12.3 Couriers

12.4 Radiographers

12.5 MRI Technicians

12.6 Nuclear Medicine Scientists

12.7 Sonographers

12.8

(a) Grading reviews

(b) New technology

13. Work Performance Standards

13.1 Sonographer/Radiographer/MRI Technicians/Nuclear Medicine Scientists

13.2 Clerical

13.3 Courier

13.4 Nurses

14. Utilisation of Skills and Competencies

15. Progression/Career Development

16. Probationary Employment

17. Hours of Work

17.1 Saturdays, Sundays and Public Holidays

18. Shift Work

19. Casual Employee

20. Part-time Employee

21. Overtime

21.1 Paid Overtime

21.2 Accrued Time Off

22. Call-out

PART 4

WAGES, ALLOWANCES AND RELATED MATTERS

23. Remuneration

23.1 Medical Receptionists

23.2 Medical Transcriptionists

23.3 Couriers

23.4 Radiographers

23.5 MRI Technicians

23.6 Nuclear Medicine Scientists

23.7 Sonographers

24. Allowances

24.1 Meal Allowance

24.2 Casual Travel Allowance

24.3 Venepuncture Allowance

24.4 Permanent Travel Allowance

24.5 Higher Duty Relieving

24.6 On-Call Rates

24.7 Overnight Stays

25. Payment of Wages

PART 5

LEAVE

26. Annual Leave

27. Annual Leave Loading

28. Unpaid Leave

29. Sick Leave

30. Personal/Carer’s Leave

31. Compassionate Leave

32. Long Service Leave

33. Study Leave/Exam Leave

34. Jury Service

35. Discretionary Leave

36. Public Holidays

37. Maternity, Paternity and Adoption Leave

PART 6

MISCELLANEOUS

38. Award to be Displayed

39. Transition Arrangements

40. Termination of Employment

41. Disciplinary Procedure

42. Abandonment of Employment

43. Redundancy

44. Individual Negotiation

45. Meal and Rest Periods

46. Superannuation

47. Salary Sacrifice Superannuation

48. Uniforms, Protective Clothing, etc.

49. Training

50. Other Employment and Conflicts of Interest

51. Confidentiality

52. Grievance and Industrial Disputes Procedure

53. Health and Safety

54. Title

55. Anti-Discrimination

Part 1

APPLICATION AND OPERATION

1. Definitions

1.1 "Normal Hours" - Ordinary hours of work shall be 75 hours per fortnight worked Monday to Friday inclusive, except 7-day shift workers where the ordinary hours of work shall be 75 hours per fortnight worked Monday to Sunday inclusive. Normal hours commence on such days at or after 7.00 am and finish on such days at or before 7.00 pm.

1.2 "Full Time Employee" - A full time employee is one who works as a normal roster 75 hours a fortnight.

1.3 "Modalities" - Various medical imaging techniques including but not limited to MRI, CT, Mammography, Ultrasound and Nuclear Medicine.

1.4 "General Radiography" - means Screening, IVP's, OPG, plain x-rays and DEXA Scans.

1.5 "Union" - means the Health Services Union.

1.6 "Board" - means the Nurses Registration Board of NSW appointed under the provisions of the Nurses Act 1991.

2. Area, Incidence and Parties Bound

This Award shall be binding upon Paedu Pty Ltd ATF Paedu Unit Trust, its employee association and employees of Paedu Unit Trust engaged in the provision of medical imaging services to the community including the following locations.

City	Crows Nest	Inverell	Katoomba
Mt Druitt	Lithgow Hospital	Parramatta	St Marys
Tamworth	Westmead	Windsor	NMUA-Blacktown
NMUA-Penrith	NMUA-Westmead	Typing Centre-Westmead

3. Date and Period of Operation and Renewal

This Award shall take effect from 1 January 2004 and shall remain in force for a period of two years.

4. Relationship to Parent Award

The terms and conditions of the Award replace in total the terms and conditions of the Health Services Union of Australia (NSW/ACT) Private Medical Imaging, Radiation and Technology Award and all variations thereafter, which would otherwise govern the employment relationship at the enterprise as amended from time to time. For Salary purposes only the Nurses Other than in Hospital (State) Award is also observed.

5. New Employees

The parties agree that any employee who is engaged by the practice during the term of this Award will become a party to the Award if the employer and the new employee so agree. The new employee shall, as from the date of becoming a party, be entitled to all benefits and be bound by all obligations, under this Award.

6. Precedent

This Award shall not be used in any manner whatsoever to obtain similar arrangements or benefits in any other practice or enterprise.

7. Minimum Standards

This Award shall not operate so as to cause an employee to suffer a reduction in ordinary time earnings or in national standards such as standard hours of work, annual leave or long service leave.

Part 2

AIMS AND COMMUNICATION

8. Single Bargaining Unit

Membership will comprise of 3 members of management and up to 5 elected employee representatives, in consultation with the Health Services Union. All decisions negotiated by the single bargaining unit, subject to ratification by the employer are binding on all parties of the Enterprise Award.

9. Aims of the Enterprise Award

The key objective of this Enterprise Award is to help improve the quality of service provided to patients in response to their needs. This will be achieved by establishing and maintaining an improved work environment where the rights of the individual are respected. The key values that will form the foundation of this culture in the future will be:

Commit to Service Excellence - to willingly serve all those with whom we deal with unsurpassed excellence.

Treat each other with Respect and Honesty - to grow a workplace where trust, team spirit and equity are an integral part of everything we do.

Demonstrate Responsibility and Accountability - to set an example, to take ownership of each situation to the best of our ability and to seek help when needed.

Be enthusiastic about Continuous Improvement - to never be complacent, to recognise limitations and opportunities for ourselves and processes and learn through these.

Maintain Confidentiality - with regard to patient records and all information pertaining to patients as well as other professional and commercial issues.

10. Commitments

Employees undertake that for the life of this Enterprise Award, there shall be no further salary increase sought, or granted, except for those granted under the terms of this Enterprise Award.

This Enterprise Award shall not operate to cause an employee to suffer a reduction in ordinary time earnings, or departure from the standards of the NSW Industrial Relations Commission in regard to hours of work, annual leave with pay or long service leave with pay.

The parties to this Enterprise Award are committed to ensuring that all processes and strategies undertaken and implemented in accordance with this Enterprise Award will be within parameters of the Equal Employment Opportunity Act.

11. Joint Consultative Committee

The parties governed by this Enterprise Award shall establish a consultative mechanism with equal representation of employer and employees with procedures appropriate to its size, structures and needs for consultation and negotiation on matters affecting the efficiency and productivity of the enterprise. This committee shall be a forum for open discussion and shall meet at set 3 monthly intervals with additional meetings on an as required basis.

Through the consultative mechanisms it is proposed to implement a performance review program involving:

A consultative approach to the review of the business performance

Development of performance indicators to improve the business, which are mutually agreeable, meaningful and achievable.

Selection of appropriate competitive benchmarks from agreed and relevant international or local best practice on quality and work organisation.

Performance indicators may include, but are not limited to measures of quality, material utilisation, labour input, absenteeism, safety, skill levels and training, profitability, customer satisfaction or any combination of the above or other measures.

Part 3

HOURS OF WORK AND CLASSIFICATIONS

12. Classifications - to be Applied in Conjunction With Clause 15 - Progression

12.1 Medical Receptionists

Trainee

A clerical person with minimum or no experience working under constant supervision and requiring verification of the majority of completed tasks. A trainee at the end of the training period (usually 3 months) should be able to progress to Grade 1.

Grade 1

Works within established routines, methods and procedures. Operates computer system (including data entry) with supervision and has a basic working knowledge of all other office equipment. Answering the phone and taking and relaying oral and written messages. Basic working knowledge of appointments and preparations, ability to give clear directions to clients, record petty cash transactions, receive payments, issue receipts and prepare and perform banking, filing documents, perform general office procedures. May possess basic typing skills.

Grade 2

Works under the Branch Managers supervision and can perform all the functions of a Grade 1 as well as exhibit some discretion and minor decision making. An employee at this level applies knowledge and skills to a range of tasks including organising their own work schedule, knowledge of the roles and functions of other employees, draft simple correspondence, participate in identifying tasks for other staff members and assist staff to complete their tasks, communicate well with Doctors and other staff members. May possess a reasonable level of typing skills with basic medical terminology. May be required to follow up accounts and debt collection.

Grade 3

A person who is capable of and may perform any duties of Grade 1 and 2 as well as work under limited supervision with checking related to overall progress. Performs multiple tasks and has an extensive knowledge of the computer system. Responsible for the work of others and may be required to co-ordinate such work. Holds a significant role in the training of other staff. Exhibits high levels of initiative and communication skills.

A person who has achieved Grade 3 Level and for the major part of their job performs either of the specified tasks, will be graded as a Grade 3.

Grade 4

A person who is capable of and may perform any duties of Grade 1,2,3 and is fully competent in his/her work. An employee at this level may be required to work without supervision. Self-motivator, demonstrates initiative and will be responsible for the work of others. There is a wide range of tasks, and the range and choice of actions will usually be complex. Extensive knowledge of operation of all office equipment.

A person who has achieved Grade 4 Level and for the major part of their job performs either of the specified tasks, will be graded as a Grade 4.

A secretary appointed with responsibility for a small practice will be graded at a level 4.

Grade 5

Appointed head secretary. Person who is capable of and performs any duties of Grade 1,2,3 and 4 and is fully competent in his/her work. Is required to accept responsibility for the work of a department. Co-ordinates detailed instructions on the work to be performed and ensures a high standard of work output. Is responsible for the training of others. An employee at this level applies competencies usually applied within routines, methods and procedures where discretion and judgment is required, for both self and others. Has responsibility for the financial performance and debtors of an individual practice. Promotes the practice and services to referring Doctors and communicates regularly with Radiologists and Administration. Ensures company policies and procedures are followed. Promotes team harmony within the practice. Fast efficient typing skills with limited errors.

Grade 5a - is the appointed Head Secretary of a medium practice.

Grade 5b - is the appointed Head Secretary of a large practice.

NOTE:

Grade 3 and 4 where marked * will indicate a person who has achieved the required level of competency for that Grade and for the major part of their job performs one of the following:

MRI or Nuclear Medicine bookings within a centralized booking system.

Fast accurate typist, whose main function is that of a typist in a practice rather than a centralized typing centre.

12.2 Medical Transcriptionists

A Medical Transcriptionist is a medical language specialist who accurately transcribes dictation, by various means, from health care professionals (such as radiologists) regarding patient diagnosis, testing, procedures and operations. These typed reports become part of the patient’s medical history and incur medico-legal responsibility.

Trainee

A transcriptionist with minimal keyboarding skills, basic or no medical experience, who requires constant supervision. A trainee at the end of the training period should be able to advance to Level 1.

Grade 1

A recently employed Transcriptionist with demonstrated radiology terminology and keyboard skills who will work within predictable established routines, methods and procedures which involve the exercise of some discretion and minor decision making.

Grade 2

A Transcriptionist performing all functions of Level 1 with fast accurate typing, whose day to day experience is predominantly that of a typist. An employee at this level may assist in the interpretation of dictation and with correct terminology. Works with minimal supervision with knowledge of the roles and functions of the Practice and the daily working routine of the typing centre.

Grade 3

An experienced Transcriptionist employed by Castlereagh Imaging for a period longer than 12 months. Performs all the functions of 1 and 2, and works without supervision. Ability to perform duties of the Branch Manager. Assists in training others. Liaises with doctors and branches as well as contracted computer technicians. Self-motivated and exhibits high levels of initiative and communication skills.

Grade 4 - Branch Manager

A Transcriptionist with demonstrated leadership qualities who has been appointed Branch Manager. Capable of and may perform any duties of Levels 1, 2 and 3. Responsible for the work of a department or section and the typists engaged in such a department or section. Extensive knowledge of the operation of all office equipment, with responsibility for its maintenance. Responsible for rostering and allocation of tasks. Assists with recruitment and performance reviews. Trains new staff. Communicates as required with Radiologists and Administration. Ensures company policies and procedures are followed. Promotes team harmony.

12.3 Couriers

To deliver all general items to branches, referring doctors and other necessary locations as required.

12.4 Radiographers

Level 1

(a) A radiographer undertaking their PDY and those requiring supervision in general radiography. Employees are to remain on this level for a minimum of 3 months and a maximum of 12 months if in their PDY. Assessments are to be carried out after the three-month probationary period.

(b) A radiographer undertaking their PDY, considered to be advanced in their level of competency in general radiography, OPG/Cephalography, Screening, IVP. DEXA and who demonstrates an ability to work with minimal supervision. (Modalities listed are only necessary if included at the radiographer’s place of work)

Level 2

A qualified radiographer (fully accredited by the AIR) deemed competent in general radiography, OPG/Cephalography, Screening, IVP, DEXA and who demonstrates an ability to work unsupervised or as a sole radiographer as required.

Level 3

A radiographer who in addition to fulfilling level 2 requirements can also perform CT and/or principal mammographic views. No advanced techniques required as per the list of criteria for advanced status.

Level 4

(a) A radiographer who in addition to fulfilling level 3 requirements is competent in and performing all advanced mammography skills. Staff at this level must maintain productive workflow and be able to work independently. The radiographers at this level should address routine issues with equipment problems.

(b) A radiographer who in addition to fulfilling level 3 requirements, must be competent in and performing advanced CT techniques. Staff at this level must maintain productive workflow and be able to work independently. The radiographers at this level should address routine issues with equipment problems.

(c) A radiographer at this level must hold a certificate of Clinical proficiency in Mammography (CCPM). Staff may be able to engage teaching, tutoring and assessment as per associate gradings.

(d) A radiographer at this level shall hold a Certificate of Specialisation in CT or Mammography.

Modality Head Radiographer - Level 5

A radiographer at this level should be able to demonstrate a complete command over the workflow of their particular modality. Staff at this level should be responsible for coordinating seminars/conference allocation and supervising education and training programs. Persons at this level will co-ordinate the development and implementation of protocols and procedures and monitor and review such protocols to ensure current legislation is applied.

In the case of mammography the Head Modality Radiographer would be responsible for the implementation of the RANZCR QA program.

Practice Head Radiographer

(a) Small practice: A radiographer in charge of a practice with a turnover of greater than $700,000 and less than $1.5 Million. Must be supervising at least one other radiographer.

(b) Medium practice: A radiographer in charge of a practice with a turnover between $1.5 Million and $3 Million.

Definitions:

General radiography includes:

IVP

All barium work

Routine X-Rays of the body

Dental and screening (eg arthrography etc) - DEXA is optional.

Advanced CT techniques include but are not limited to:

CT angiography including 3D reconstruction

Protocol development

Interventional techniques

'Virtual' endoscopic studies

Research programmes

Advanced mammography skills include:

Ability to make decisions regarding additional views & competency in performing them.

Competency in performing specialised mammographic techniques including coned compression & magnification views. Examination of the augmented breast, male breast.

Ability to perform, interpret & act on results of all R.A.N.Z.C.R. Quality Assurance tests.

Highly developed interpersonal skills.

12.5 MRI Technicians

Level 1

Radiographer who has completed basic training in MRI, and can perform routine lists following pre determined protocols and has attained Level 1 AIR accreditation (or RANZCR deemed equivalent).

Level 2

(a) As for Grade 1, plus is actively engaged in activities to attain level 2 (or RANZCR equivalent) and can actively interact with MR system and adjust parameters to suit examination circumstances. Able to work weekend, early and late (evening) shifts.

(b) As for Grade 2(a), plus can independently work on most examinations and is proficient in all areas of MRI. Should display extensive understanding of MRI system, MR physics and applications and also attain a high level of technical and operational proficiency.

Level 3

As for Grade 2, plus is capable of performing, as routine, advanced and more complex MRI related examinations including but not limited to cardiac, vascular, abdominal and spectroscopy. Must have attained Level 2 AIR Accreditation (or RANZCR equivalent).

Level 4 - Chief MRI Radiographer

As for Level 3 plus must be involved in training of all staff and the maintenance of diagnostic quality, efficiency and productivity of the MRI department. Persons at this level will assist with the development and implementation of protocols and procedures.

12.6 Nuclear Medicine Scientists

Level 1

(a) A Nuclear Medicine Scientist undertaking their PDY and those requiring supervision. Employees are to remain on this level for a minimum of 3 months and a maximum of 12 months if in their PDY. Assessments are to be carried out after the three-month probationary period.

(b) A Nuclear Medicine Scientist undertaking their PDY, considered to be advanced in their level of competency and who demonstrates an ability to work with minimal supervision.

Level 2

A Nuclear Medicine Scientist, who has completed their PDY and who in the opinion of the management team, demonstrates independent and professional knowledge and judgment when performing tasks.

Level 2 - year 1

Level 2 - year 2

Level 2 - year 3

Level 3

A Nuclear Medicine Scientist at this level will be able to perform at a high degree of competency in them, which reflects a level of continuing education and/or practical expertise. The NMS has maintained a consistently high standard of practice within the profession and demonstrates proven problem solving skills. They contribute to the establishment of clinical protocols and the development of activities, techniques and procedures within the practice.

Level 3 - (a)

Level 3 - (b) - in addition to the above, carries out senior responsibilities as designated by the management team.

Level 4

A Nuclear Medicine Scientist at this level, in addition to fulfilling the requirements of level 3 will be appointed Branch Manager of a practice.

Level 4 (a) - Small Practice

Level 4 (b) - Medium Practice

Level 4 (c) - Large Practice

Level 5 - Chief Nuclear Medicine Scientist (Modality Head)

A Nuclear Medicine Scientist at this level should be able to demonstrate a complete command over the workflow of their particular modality, including leave allocation and rostering. Staff at this level should be responsible for coordinating seminars/conference allocation and supervising education and training programs. Persons at this level will co-ordinate the development and implementation of protocols and procedures and monitor and review such protocols to ensure current legislation is applied.

12.7 Sonographers

Trainee Year 1

Will work under full supervision until competencies are reached.

Must have commenced DMU Part 1 or equivalent.

FAST TRACK (Queensland course) may be provided for each trainee at management’s discretion.

(Minimum 28 hours requirement by College)

Trainee Year 2

Must have completed DMU Part 1 or equivalent.

Works with minimal supervision.

Level 1

Fully qualified with Accreditation

Must have completed DMU Part 11 or equivalent, or have met the requirements to achieve full accreditation and be registered with A.S.A.R.

Must be able to work unsupervised in general ultrasound i.e. Abdominal, renal, small parts, pelvic and obstetric.

Must complete the examinations within allocated appointment times.

Level 2

Level 1, plus two extra skills from the list of Assessed Standards of Competence.

Level 3

Level 1, plus three extra skills from the list of Assessed Standards of Competence.

Level 4

Level 1, plus six extra skills from the list of Assessed Standards of Competence.

Sonographers at this level will possess a high level of competency in these standards, as assessed by a panel of Radiologists/Nuclear Physicians and the Modality Head. It will be at the discretion of the Assessment Panel to grade a sonographer at this level if they hold advanced skills or sub-specialities in a certain field. A sonographer at this level will also be assessed on their overall performance, attitude towards patient care and productivity.

Assessed Standards of Competence

Carotid’s

DVT’s

Leg arteries

Renal arteries

Advanced obstetric/nuchal translucency accreditation

Musculo-skeletal

Shoulder ultrasound

Venous incompetency

Echocardiography

Higher Duty Sonographer

A sonographer at this level will possess Level 4 skills and in addition be responsible for one or more of the following:

Hold a designated tutorial / training role with both new and existing staff

Work in a remote location, unsupervised by a radiologist, where they are required to show a high level of responsibility and initiative.

Modality Head Sonographer

A sonographer at this level should be able to demonstrate a complete command over the workflow of their particular modality. Staff at this level should be responsible for coordinating seminars / conference allocation and supervising education and training programs. Persons at this level will coordinate the development and implementation of protocols and procedures and monitor and review such protocols to ensure current legislation is applied.

12.8

(a) Grading Reviews

Employees who disagree with gradings assigned by the employer, shall have the opportunity of a further review of their grading. A review committee consisting of their Branch Manager, Regional Manager and Managing Radiologist will conduct the review.

(b) New Technology

If new technology is introduced that is not contemplated by existing classifications in this Enterprise Award, the parties will review the need to introduce an appropriate classification.

13. Work Performance Standards

13.1 Sonographer/Radiographer / MRI Technicians / Nuclear Medicine Scientists

Vital to the performance of a high standard are several factors, including:

Assimilation of factual knowledge and understanding of relevant physical principals of medical imaging, instrumentation, anatomy, physiology and pathology.

Acquisition of technical skills

Acquisition of communication skills

Responsibilities

Care and comfort of the patient during the examination

Clear communication

Familiarity with emergency procedures

Strict adherence to infection control practice

Safety considerations including but not limited to Radiation Control

Care of equipment

Preparation of the patient for the examination

Acquisition of appropriate information to be presented to the medical practitioner for consideration and reporting

Awareness of medico-legal requirements

Sensitivity to cultural differences

Quality control

Patient confidentiality

13.2 Clerical

Vital to the performance of high standards are several factors, including:

Clear communication

Familiarity with emergency procedures

Care of equipment

Awareness of medico-legal requirements

Sensitivity to cultural differences

Quality control

Patient confidentiality

13.3 Courier

High standard of care and maintenance of vehicle

Ensure adequate supply of referrals to doctors

Accurate and timely delivery of items

Maintain a high standard of personal presentation

To ensure client satisfaction

Patient confidentiality

13.4 Nurses

According to qualifications

Assist radiologists in interventional procedures

Care of CT and Myelogram patients

Care of radiology patients as required

Safe keeping and handling of drugs in line with guidelines

Assist/Administer IV contrast injections where applicable under the direction of the radiologist in charge.

At all times maintain patient confidentiality

Set up and assist with FNA biopsies

Maintain doctors bag orders

Monitor and organise pathology orders

Familiarity with emergency procedures and monitoring emergency equipment

Strict Adherence to infection control

Ensure patients are advised prepared for the procedure

Maintain good communications with patients, staff and doctors

Acquire appropriate patient information for presentation to doctors

Cardiac stress procedures

Urology catheterisation

14. Utilisation of Skills and Competencies

Employees shall be employed to carry out such duties as may be directed by the employer from time to time subject to the limits of their skills, competence and training.

Maintain a high level of proficiency in their area of expertise. Be accountable/responsible for their decisions and actions, act ethically, constructively and co-operatively with fellow team members, clients and other associates.

Any employee may at any time carry out such duties and use such tools and equipment as may be directed by the employer provided that the employee has been properly trained in the use of such tools and equipment.

Any direction given by the employer in accordance with any of the above shall be consistent with the employer’s obligations under the New South Wales Occupational Health and Safety Act.

Disputes arising in relation to the operation of this clause shall be dealt with in accordance with clause 53 Grievance Procedures following prior consideration of the issue in accordance with the consultative mechanism in clause 11.

15. Progression/Career Development

All employees will be encouraged and assisted to progress to the highest level personally attainable consistent with the needs of the workplace. When a new employee enters at a high level due to particular skills requirements he/she must familiarise himself/herself with the skills required at a lower level within 12 months to ensure full flexibility. An annual review on overall performance of all individual employees will be performed.

16. Probationary Employment

The period of probation shall be for an initial period of not more than three months provided that where considered by the team leader to be justified, the initial probationary period may be extended by a further probationary period of not more than three months. In no case shall an employee be employed on a probationary basis for a period exceeding six months.

Notwithstanding any provision contained elsewhere in this Enterprise Award, the employment of a probationary employee may be terminated by the employer or the employee upon the giving of one week’s notice or the payment or forfeiture of one week’s salary where such notice is not given.

17. Hours of Work

17.1

(a) Hours of work will be rostered to establish nominal starting and finishing times for employees. The average ordinary hours over the fortnight, excluding meal breaks, will not exceed 75 hours.

(b) Consultation is to occur on the method of implementation of the ordinary working hours. However, the final choice as to the method of implementation rests with the employer. Circumstances may arise where different methods of implementation of the ordinary working hours may apply to individual employees or various groups or sections of employees.

(c) Ordinary hours for full time or part time employees will be between 7.00 am to 7.00 pm Monday to Friday. Hours worked by full time and part time employees outside these times and only if in excess of 75 ordinary hours per fortnight will attract overtime rates in accordance with clause 21 - Overtime.

(d) Where a work location of a practice services patients on a seven day a week basis, the ordinary hours of full time and part time employees at that work location will be between 7.00 am and 7.00 pm on such days; where such work is undertaken on a Saturday it will be paid at the rate of time and a half for the first 2 hours and double time thereafter; on Sunday will be paid at the rate of double time.

(e) An unpaid break of not less than 30 minutes and not more than one hour will be allowed for a meal within five hours of commencement. This provision may be varied by agreement between the employer and an individual employee.

(f) The Branch Manager shall be entitled to fix the start and finish times for each section within the spread of hours agreed and to alter them either by mutual consent or by giving employees one week’s notice.

(g) The employer will consult with employees affected where a major change in the structure of rosters are proposed. This includes changes to existing days worked, location and hours required to work. Changes will be implemented either by mutual consent or by giving employees one month’s notice.

17.2 Saturdays, Sundays and Public Holidays

(a) Employees, except Casual employees, required to work on Saturdays shall be paid at time and a half for the first 2 hours and double time thereafter for all hours worked. On Sundays employees shall be paid at double time for all hours worked.

(b) Employees except casual employees required to work on Gazetted Public Holidays shall be paid for all hours worked at double time and a half.

(c) The above extra rates are paid in substitution for and cumulative upon shift work allowances prescribed in clause 18.

(d) Casual employees who are required to work on Saturdays, Sundays or Public Holidays shall be paid as follows for such work:

(i) For work on Saturday, an allowance of 50%

(ii) For work on Sunday, an allowance of 75%

(iii) For work on a Public Holiday, an allowance of 150%

18. Shift Work

All employees are engaged on the basis that they may be required to work shifts as required by the company with one week’s written notice.

(a) Shift workers, including Part-time Employees engaged for more than six hours per shift, working afternoon or night shift shall be paid the following percentages in addition to the ordinary rate for such shifts worked; provided however that:

Morning shift commencing on or prior to 6.30 am - 12.5%

Afternoon shift commencing at 10.00 am and before 1.00 pm and finishing at 6.00 pm or later - 10%

Afternoon shift commencing at 1.00 pm and on or before 4.00 pm and finishing at 6.00 pm or later - 12.5%

(b) Shifts shall be rostered so as to provide for weekly change of shifts unless otherwise agreed. The Branch Manager shall be entitled to fix the shifts rostered for each branch or section and alter them by mutual consent or by giving one week’s notice.

(c) For employees working a 7-day shift roster, a 15% shift allowance will be paid on shifts commenced prior to 6.30 am and after 10.00 am. This shift allowance will not be paid on ordinary hours that attract penalty rates on Saturday, Sunday or Public Holidays.

19. Casual Employee

A casual employee is one, other than a part-time employee, engaged on a normal roster for a maximum of 15 hours per week a casual employee shall be paid an hourly rate calculated on an hourly basis at 24% above the minimum rate prescribed for a weekly employee who performs comparable work. Such payment includes holiday pay.

The minimum number of hours that a casual employee can be expected to work is two hours.

20. Part Time Employee

(a) An employee may be engaged by the fortnight to work on a part-time basis for a constant minimum number of hours each fortnight, which is less than 75 hours.

(b) The spread of hours shall be the same as those prescribed in clause 17, hours of work.

(d) An employee so engaged, shall be paid on their applicable hourly rate multiplied by their normal hours worked that week, except as provided in (c) above.

(e) All other entitlements such as sick leave, annual leave and long service leave, etc. shall be provided on a pro rata basis.

21. Overtime

21.1 Paid Overtime

(a) All work done in excess of ordinary hours of work as outlined in clause 17, shall be deemed to be overtime and shall be paid for at the rate of:

(i) When the overtime is worked in a block of 2 hours or less it shall be paid for at time and a half.

(ii) Where the overtime is worked in a block of more than 2 hours, the first 2 hours will be at time and a half and double time for any hours worked thereafter on that day.

(b) If any employee is working weekend overtime at another branch, then they are not entitled to claim travelling allowance for the travel to and from the branch at which they are working overtime.

Overtime will not be paid except where authorised by the Branch Manager. Should any employee have a dispute in regards to approved overtime with their Branch Manager they should contact either the Regional Manager or HR Manager to resolve.

21.2 Accrued Time Off

Employees may opt to take any time that they work in excess of 75 hours in a fortnight as time in lieu. This time in lieu will be calculated at a single time rate. The maximum time that is able to be accrued is 37.5 hours by mutual agreement. This may be increased in individual cases by mutual consent of the employee, Branch Manager and payroll staff.

The minimum amount that can be accrued for any single day is 30 minutes.

22. Call-Out

Employees who are called out after having completed their day’s work shall be paid for not less than 4 hours at the appropriate overtime rate in clause 21.1. Such employees shall be required to assist with available work.

Part 4

WAGES, ALLOWANCES AND RELATED MATTERS

23. Remuneration

The minimum hourly rate of pay for ordinary hours worked shall be the following.

All pay rates are total amounts excluding allowances.

Column 1 effective from the first full pay period to commence on or after the 1 January 2004.

Column 2 effective from the first full pay period to commence 12 months on or after the date of the first increase.

23.1

Medical Receptionists	Column 1 Hourly Rate	Column 2 Hourly Rate
	$	$
Trainee	13.00	13.39
Grade 1	14.50	14.93
Grade 2	16.00	16.48
Grade 3	17.50	18.02
Grade 3*	18.00	18.54
Grade 4	19.00	19.57
Grade 4*	19.50	20.08
Grade 5 (a)	22.50	23.17
Grade 5 (b)	24.00	24.72

23.2

Medical Transcriptionists	Column 1 Hourly Rate	Column 2 Hourly Rate
	$	$
Trainee	13.50	13.90
Grade 1	14.50	14.93
Grade 2	18.00	18.54
Grade 3	19.50	20.08
Grade 4	22.50	23.17

23.3

Couriers

15.00

15.45

23.4

Radiographers
Level 1 (a)	19.00	19.57
Level 1 (b)	20.00	20.60
Level 2	24.00	24.72
Level 3	26.50	27.29
Level 4 (a)	28.00	28.84
Level 4 (b)	28.00	28.84
Level 4 (c)	29.50	30.38
Level 4 (d)	30.00	30.90
Level 5 - Modality Head	34.00	35.02
Branch Manager (Small)	31.00	31.93
Branch Manager
(Medium)	32.50	33.47
Branch Manager (Large)	34.00	35.02

23.5

MRI Technicians
Level 1	$30.00	$30.90
Level 2 (a)	$34.00	$35.02
Level 2 (b)	$36.00	$37.08
Level 3	$38.00	$39.14
Level 4 - Chief MRI	$40.00	$41.20

23.6

Nuclear Medicine Scientists
Level 1 (a)	19.00	19.57
Level 1 (b)	20.00	20.60
Level 2 - year 1	24.50	25.23
Level 2 - year 2	25.50	26.26
Level 2 - year 3	26.50	27.29
Level 3 - (a)	28.50	29.35
Level 3 - (b)	29.50	30.38
Level 4 - (a) - (Small)	31.00	31.93
Level 4 - (b) - (Medium)	32.50	33.47
Level 4 - (c) - (Large)	34.00	35.02
Level 5 - Modality Head	34.00	35.02

23.7

Sonographers
Trainee - year 1	22.00	22.60
Trainee - year 2	25.00	25.75
Level 1	32.50	33.47
Level 2	34.00	35.02
Level 3	39.00	40.17
Level 4	41.75	43.00
Higher Duty/Modality	42.75	44.03
Head

24. Allowances

24.1 Meal Allowance

An employee who is required to work overtime for more than 3 hours and such overtime goes beyond 7pm, shall be paid $15.00 for a meal, or have a meal provided.

24.2 Casual Travel Allowance

An employee sent for duty to a branch other than his or her home branch shall be paid for all excess travelling time at the employee’s ordinary rate of pay when the employee’s excess travelling time is greater than 30 minutes per day. The practice will reimburse any excess travelling expenses. An employee who uses their vehicle in the ordinary course of their employment, shall be paid an allowance at the rate of 60 cents per km, when travel is greater than to their home branch.

If an employee is requested to use their vehicle to attend an internal training course and/or management meeting that is held during working hours then they are to receive an allowance of 60 cents per km.

24.3 Venipuncture Allowance

An allowance of $6.00 per day will be paid to an employee who is qualified and performs venipuncture. Where two or more employees are qualified, it will be at the discretion of the Branch Manager to determine which employee will receive this allowance on a daily basis.

24.4 Permanent Travel Allowance

Staff, whose permanent roster involves travel to a number of locations, shall be paid at a rate of $20.00 a day travel allowance when it involves travel other than to their home/main branch or their home. Clerical relief staff will also be paid $20 per day worked for travel.

24.5 Higher Duty Relieving

If an employee is required to take on the responsibilities of a Branch Manager who is absent for more than one week they will receive a payment of $100.00 per fortnight or pro rata thereof for a proportion of a fortnight. This allowance will also apply to employees relieving a Modality Head position for a period greater than 3 months.

24.6 On-Call Rates

Ultrasound, CT, General X-Ray and any other imaging services that need to covered and approved beforehand by the Branch Manager.

Monday to Friday (5pm to 7.30am):	$25.00 per weeknight
Saturday and Sunday:	$100.00 per day
Public Holiday:	$150.00 per day

24.7 Overnight Stays

Reimbursement of expenses for staff who are required to work in a location that involves an overnight stay will be paid in accordance with Company policy.

25. Payment of Wages

Wages are to be paid fortnightly by Electronic Funds Transfer (EFT). The pay shall be made up of two-week’s pay in arrears. Changes to this form of payment may be made to accommodate unusual situations or circumstances.

Part 5

LEAVE

26. Annual Leave

Consistent with the provisions of the Annual Holidays Act 1944, full time employees will be entitled to 4 weeks (150 hours) annual leave. Part time employees will be entitled to pro rata leave. The pro rata entitlement for part time employees shall be by reference to ordinary hours worked.

Annual leave will be scheduled at a mutually convenient time to the employee, team leader and management.

Employees are entitled to apply for pro rata annual leave.

27. Annual Leave Loading

(a) In this clause the Annual Holiday Act 1944 is referred to as "the Act"

(b) Before an employee is given and takes his/her annual holiday, or where by agreement between the employer and employee, the annual holidays are given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause.

(c) The loading is payable in addition to the pay for the period of holiday given and taken when due to the employee under the Act and this Enterprise Award.

(d) The loading is the amount payable at the rate per week of 20 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Enterprise Award for the classification in which the employee was employed immediately before commencing his/her annual holiday.

Employees who take their annual leave in advance shall not be paid annual leave loading until the annual leave is fully accrued.

28. Unpaid Leave

This leave may be approved by mutual consent of the employee, Branch Manager and management. During any period of unpaid leave, the accrual of entitlements will be suspended until resumption of duties. This leave will only be granted in special circumstances.

29. Sick Leave

Permanent employees shall be entitled to 10 days sick leave for each year of service or pro rata based on the number of hours worked. Sick leave is cumulative.

The Company may require a medical certificate for absences in excess of 2 consecutive days or if sick leave is taken immediately before or after a public holiday or a weekend, or if an employee is viewed as misusing sick leave.

If management think the employee is unable to stay at work due to illness they will be directed to seek medical advice.

If a new employee takes sick leave in the first three months then this will be unpaid. If, at the expiration of three months service they have a balance of sick leave, such unpaid absences in the first three months will be paid.

An employee with responsibilities in relation to dependent members of their immediate family or household will be entitled to use accrued sick leave to provide care and support for such persons when they are ill.

An immediate family member is deemed to include; spouse, de facto spouse, de facto same sex partner, parent, child, grandparent or sibling.

The employee shall, if required by the Company, provide a medical certificate or statutory declaration to verify the illness of the person concerned.

30. Personal Carer’s Leave

Employees are entitled to utilise up to 6 days per annum of their sick leave, annual leave or time in lieu to allow them to care for an ill relative.

As per the conditions of Clause 36, no certification from a medical practitioner is required.

It is necessary that the employee notify their team leader to advise them of their intended period of time that they will be absent from work.

31. Compassionate Leave

An employee on production of satisfactory evidence or statutory declaration to the Company shall on the death or serious/life threatening illness of an immediate family member (spouse, de factor spouse, de facto same sex partner, parent, parent in law, child, grandparent or sibling) be granted 3 days leave on full pay in any one year of service.

In extenuating circumstances, the Company may agree to allow the employee to access sick leave to extend the period of compassionate leave.

32. Long Service Leave

Entitlement to Long Service Leave shall be in accordance with the Long Service Leave Act 1955 and subsequent amendments to that Act.

33. Study Leave/Exam Leave

The practice will allow employees up to 5 days per annum. This leave will be approved by the Human Resources Manager and Branch Manager responsible for the rooms or the modality. This time off will only be available for staff who are undergoing approved external courses that are relevant to the practice. A training register will be introduced by the company in conjunction with their training policy, which will be applied on a fair and equitable view and incorporate guidelines for seminar and conference leave.

34. Jury Service

An employee required to attend for jury service during his/her ordinary working hours shall be paid normal hours by the practice. Reimbursement by the Court will be made to the Practice. An employee shall notify the practice as soon as possible of the date upon which he/she is required to attend for jury service.

35. Discretionary Leave

In circumstances where genuine need and hardship arises, an employee shall be entitled to request leave. Such leave could be with or without pay depending on circumstances.

36. Public Holidays

The days which are observed as public holidays under this Enterprise Award are any days proclaimed or gazetted as a public holiday throughout New South Wales by the State Government.

Employees are not required to work on any public holiday proclaimed or gazetted as such through New South Wales.

Notwithstanding this, the practice shall have the right to direct employees to work on a public holiday, if needed at the nominated public holiday rates, for permanent employees as per subclause 17.1 (ii) and for casual employees as per subclause 17.1 (iv).

37. Maternity, Paternity and Adoption Leave

I. Maternity Leave

A. Nature of Leave

Maternity leave is unpaid leave.

B. Definitions

For the purposes of this Clause:

"child" means a child of the employee under the age of one year

"confinement" of a female employee means her confinement caused by the birth of a child or termination of a pregnancy

"continuous service" means service under an unbroken contract of employment, and includes:

(i) any period of leave taken in accordance with this Clause; and

(ii) any period of leave or absence authorised by the employer or by this Enterprise Award; and

(iii) any period of part-time work (including part-time work as a replacement employee)

"employee" includes a part-time employee but does not include an employee engaged in casual work

"expected date of confinement" of a female employee means a date certified by a medical practitioner to be the date on which the medical practitioner expects the employee to be confined in respect of her pregnancy

"paternity leave" means leave of the type provided for by (II) of this clause

"spouse" includes a de facto spouse

C. Eligibility for Maternity Leave

1. An employee who becomes pregnant, on production to her employer of the certificate, is entitled to a period of up to 52 weeks of maternity leave.

2. However, any such maternity leave may not extend beyond the child’s first birthday.

3. The entitlement to maternity leave under this clause is to be reduced by any period of paternity leave taken by the employee’s spouse. Apart from paternity leave of up to one week at the time of confinement, maternity leave is not be taken concurrently with paternity leave.

4. Subject to (f) and (g) the period of maternity leave is to be unbroken and must, immediately following confinement, include a period of 6 weeks of compulsory leave.

5. An employee must have had at least 12 months of continuous service with her employer immediately preceding the date on which she commences such leave.

D. Certification

1. When applying for maternity leave, an employee must produce to her employer a certificate from a medical practitioner stating that she is pregnant and the expected date of confinement.

2. An employee must also produce to her employer a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse.

3. An employee must, if required by her employer to do so, enter into an arrangement with the employer whereby the employee agrees that for the period of her maternity leave she will not engage in any conduct inconsistent with her contract of employment.

E. Notice Requirements

1. An employee must, not less than 10 weeks before the expected date of confinement, give notice in writing to her employer stating the expected date of confinement.

2. An employee must give not less than 4 weeks’ notice in writing to the employer of the date on which she proposes to commence maternity leave stating the period of leave to be taken

3. An employer, by not less than 14 days’ notice in writing to the employee, may require her to commence immediately before her expected date of confinement, but such a notice may be given only if:

(i) the employee has given to her employer a notice stating that she intends to commence maternity leave on a date that is within 6 weeks of her expected date of confinement, or

(ii) the employee has not given her employer a notice at least 10 weeks before her expected date of confinement.

4. An employee is not in breach of this section as a consequence of failure to give the stipulated period of notice in accordance if the failure is caused by the confinement occurring earlier than the expected date so long as, in the case of confinement that results in the birth of a living child, the notice is given not later than 2 weeks after her confinement.

F. Transfer to a Safe Job

1. If in the opinion of a medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee must, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

2. If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a medical practitioner. Such leave is to be treated as maternity leave for the purposes of this clause.

G. Variation of Period of Maternity Leave

1. Provided the maximum period of maternity leave does not exceed the period to which an employee is entitled under section 30:

(i) the period of maternity leave may be lengthened once only by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be lengthened, and

(ii) the period may be further lengthened by agreement between the employer and the employee.

2. The period of maternity leave may, with the consent of her employer, be shortened by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be shortened.

H. Cancellation of Maternity Leave

1. Maternity leave, applied for but not commenced, is cancelled should the pregnancy of an employee terminate otherwise than by the birth of a living child.

2. If the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it is the right of the employee to resume work at a time nominated by the employer which must be not later than 4 weeks after the date of work notice in writing by the employee to the employer that she desires to resume work.

3. If the period of maternity leave is shortened under Subsection (2), the employee is not entitled to resume work sooner than 6 weeks after the date of her confinement unless she has given to her employer a certificate from a medical practitioner certifying that the pregnancy of the employee terminated otherwise than by the birth of a living child.

I. Special Maternity Leave and Sick Leave

1. If the pregnancy of an employee not then on maternity leave terminates within 28 weeks before her expected date of confinement otherwise than by the birth of a living child, then:

(i) she is entitled to such period of unpaid leave (to be known as a special maternity leave) as a registered medical practitioner certifies to be necessary before her return to work; or

(ii) for illness other than the normal consequences of confinement she is entitled, either instead of or in addition to special maternity leave, to such paid sick leave as she is then entitled to and as a medical practitioner certifies to be necessary before her return to work.

2. If an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as she is then entitled to and such further unpaid leave (to be known as special maternity leave) as a medical practitioner certifies to be necessary before her return to work.

3. For the purposes of this clause, maternity leave includes special maternity leave.

4. An employee returning to work after the completion of a period of leave taken pursuant to this section is entitled to the position which she held immediately before such transfer.

5. If such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, she is entitled to a position as nearly as possible comparable in status and pay as that of her former position.

J. Maternity Leave and Other Leave Entitlements

1. Provided that the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under subclause (C), an employee may, instead of or in conjunction with maternity leave, take any annual or long service leave or any part of it to which she is entitled.

K. Effect of Maternity Leave on Employment

Absence on maternity leave does not break the continuity of service of an employee but is not be taken into account in calculating the period of service for any purpose.

L. Termination of Employment

1. An employee on maternity leave may terminate her employment at any time during the period of leave by notice.

2. An employer must not terminate the employment of an employee on the grounds of her pregnancy or of her absence on maternity leave.

M. Return to Work after Maternity Leave

1. An employee must confirm her intention of returning to work by notice in writing to the employer given not less than 4 weeks before the end of her period of maternity leave.

2. An employee, on returning to work after maternity leave or expiration of the notice required by subsection (1), is entitled:

(i) to the position which she held immediately before commencing maternity leave, or

(ii) in the case of an employee who was transferred to a safe job pursuant to subclause (F), to the position which she held immediately before the transfer or

(iii) in the case of an employee who has worked part-time during the pregnancy, to the position she held immediately before commencing the part-time work

3. If the position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, she is entitled to a position as nearly as possible comparable in status and pay to that of her former position.

N. Replacement Employees

1. A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave.

2. Before an employer engages a replacement employee, the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

3. Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause, the employer must inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

II. Paternity Leave

A. Nature of Leave

Paternity leave is unpaid.

B. Definitions

For the purposes of this clause:

"child" means a child of the employee’s spouse under the age of 1 year.

"confinement" of an employee’s spouse means the spouse’s confinement caused by the birth of a child or other termination of a pregnancy.

"continuous service" means service under an unbroken contract of employment, and includes:

(i) any period of leave taken

(ii) any period of part-time work (including part-time work as a replacement employee)

"employee" includes a part-time employee but does not include an employee engaged in casual work.

"expected date of confinement" of an employee’s spouse means a date certified by a medical practitioner to be the date on which the medical practitioner expects the spouse to be confined in respect of her pregnancy.

"maternity leave" means leave of the type provided for by subclause (I) (and includes special maternity leave), whether prescribed by an award or agreement or otherwise.

"primary care-giver" means a person who assumes the principal role of providing care and attention to a child.

"spouse" includes a de facto spouse

C. Eligibility for Paternity Leave

1. A male employee, upon production to his employer of the certificate required by section (D), is entitled to one or two periods of paternity leave, the total of which must not exceed 52 weeks, in the following circumstances:

(i) an unbroken period of up to one week at the time of confinement of his spouse (referred to in this clause as "short paternity leave")

(ii) subject to subsection (2), a further unbroken period of up to 51 weeks in order to be the primary care giver of a child if the leave does not extend beyond the child’s first birthday (referred to in this clause as "extended paternity leave"). This entitlement is to be reduced by any period of maternity leave taken by the employee’s spouse and is not to be taken concurrently with that maternity leave.

2. An employee is not entitled to a period of extended paternity leave unless the employer consents to the leave.

3. An employee must have had at least 12 months of continuous service with his employer immediately preceding the date on which he commences either period of leave.

D. Certification

1. When applying for paternity leave, the employee must produce to his employer a certificate from a medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement or states the date on which the birth took place.

2. In relation to any period to be taken as extended paternity leave, the employee must also produce a statutory declaration stating:

(i) that he is seeking that period of paternity leave to become the primary caregiver of a child and

(ii) particulars of any period of maternity leave sought or taken by this spouse.

3. Any employee must, if required by this employer to do so, enter into an arrangement with the employer whereby the employee agrees that for the period of his paternity leave he will not engage in any conduct inconsistent with his contract of employment.

E. Notice Requirements

1. An employee must, not less than 10 weeks prior to each proposed period of leave, give the employer notice in writing stating the dates on which he proposes to start and finish the period of leave and produce the certificate required by Section (D).

2. An employee is not in breach of this section as a consequence of failure to give the notice required by subsection (1) if the failure is due to:

(i) the birth occurring earlier than the expected date, or

(ii) the death of the mother of the child, or

(iii) other compelling circumstances

F. Variation of Period of Paternity Leave

1. Provided that the maximum period of paternity leave does not exceed the period to which the employee is entitled under section (c)

(i) the period of extended paternity leave may be lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened, and

(ii) the period may be further lengthened by agreement between the employer and the employee

2. The period of extended paternity leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be shortened.

G. Cancellation of Paternity Leave

Extended paternity leave, applied for but not commenced, is cancelled when the pregnancy of the employee’s spouse terminates otherwise than by the birth of a living child.

H. Paternity Leave and Other Leave Entitlements

Provided the aggregate of any leave, including leave taken under this subdivision, does not exceed the period to which the employee is entitled under section (c) an employee may, instead of or in conjunction with paternity leave, taken any annual leave or long service leave or any part of it to which he is entitled.

I. Effect of Paternity Leave on Employment

Absence on paternity leave does not break the continuity of service of an employee. But it is not to be taken into account in calculating the period of service for any purpose.

J. Termination of Employment

1. An employee on paternity leave may terminate his employment at any time during the period of leave by notice.

2. An employer must not terminate the employment of an employee on the grounds of his absence on paternity leave.

K. Return to Work After Paternity Leave

1. An employee must confirm his intention of returning to work by notice in writing to the employer given not less than 4 weeks before the end of the period of extended paternity leave.

2. An employee, on returning to work after paternity leave or expiration of the notice required by subsection (1) is entitled:

(i) to the position which he held immediately before commencing paternity leave or

(ii) in the case of an employee who has worked part-time in connection with the birth of the child, to the position he held immediately before commencing the part-time work.

3. If the position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, he is entitled to a position as nearly as possible comparable in status and pay to that of his former position.

L. Replacement Employees

1. A replacement employee is an employee specifically engaged as a result of an employee proceeding on paternity leave.

2. Before an employer engages a replacement employee, the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

3. Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising his rights under this subdivision, the employer must inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

III. Adoption Leave

A. Nature of Leave

Adoption leave is unpaid.

B. Definitions

For the purposes of this clause:

"child" means a person under the age of 5 years who has not previously lived continuously with the employee concerned for a period of 6 months, or who is not a child or step-child of the employee or of the spouse of the employee, and is placed with the employee for the purposes of adoption

"continuous service" means service under an unbroken contract of employment, and includes:

(i) any period of leave taken

(ii) any period of part-time work (including part-time work as a replacement employee)

"employee" includes a part-time employee but does not include an employee engaged in casual work

"primary care giver" means a person who assumes the principal role of providing care and attention to a child.

"relative adoption" occurs where a child is adopted by a parent, a spouse of a parent, or another relative, being a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage)

"spouse" includes a de facto spouse and a former spouse

C. Eligibility

1. An employee, upon production to the employer of the documentation required by section (d), is entitled to one or two periods of adoption leave, the total of which must not exceed 52 weeks, in the following circumstances:

(i) an unbroken period of up to three weeks at the time of the placement of the child (referred to in this clause as "short adoption leave")

(ii) subject to subsection (2), an unbroken period of up to 52 weeks from the time of the child’s placement in order to be the primary care-giver of the child ( referred to in this clause as "extended adoption leave"). This entitlement is to be reduced by:

(a) any period of short adoption leave taken, and

(b) the aggregate of any periods of adoption leave taken or to be taken by the employee’s spouse, but such leave is not to extend beyond one year after the placement of the child and is not to be taken concurrently with adoption leave taken by the employee’s spouse.

2. A male employee is not entitled to a period of extended adoption leave unless the employer consents to the leave.

3. The employee must have had at least 12 months of continuous service with that employer immediately preceding the date on which he or she proceeds upon such leave in either case.

D. Certification

1. Before taking adoption leave, the employee must produce to the employer:

(i) a statement from an adoption agency or another appropriate body of the expected date of placement of the child with the employee for adoption purposes, or

(ii) a statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order.

2. In relation to any period of extended adoption leave to be taken, the employee must also produce a statutory declaration stating:

(i) that the employee is seeking adoption leave to become the primary care-giver of the child, and

(ii) particulars of any period of adoption leave sought or taken by the employee’s spouse.

3. An employee must, if requested by his or her employer to do so, enter into an arrangement with the employer whereby the employee agrees that for the period of his or her adoption leave he or she will not engage in any conduct inconsistent with his or her contract of employment.

E. Notice Requirements

1. On receiving notice of approval for adoption purposes, an employee must notify the employer of the approval and within 2 months of the approval must further notify the employer of the period or periods of adoption leave the employee proposes to take. In the case of a relative adoption, the employee must so notify the employer on deciding to take a child into custody pending an application for an adoption order.

2. An employee who commences employment with an employer after the date of approval for adoption purposes must notify the employer of that date on commencing employment and of the period or periods of adoption leave which the employee proposes to taken. Such an employee is not entitled to adoption leave unless the employee has not less than 12 months of continuous service with that employer immediately preceding the date on which he or she proceeds on the leave.

3. An employee must, as soon as the employee is aware of the expected date of placement of a child for adoption purposes but no later than 14 days before the expected date of placement, give notice in writing to the employer of that date, and of the date of commencement of any period of short adoption leave to be taken.

4. An employee must, at least 10 weeks before the proposed date of commencing any extended adoption leave to be taken, give notice in writing to the employer of the date of commencing leave and the period of leave to be taken.

5. An employee is not in breach of this subdivision, as a consequence of failure to give the stipulated period of notice in accordance with subsection (3) and (4), if the failure is occasioned by the requirement of an adoption agency for the employee to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances.

F. Variation of Period of Adoption Leave

1. Provided the maximum period of adoption leave does not exceed the period to which the employee is entitled under clause (c)

(i) he period of extended adoption leave taken may be lengthened once only by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be lengthened; and

(ii) the period may be further lengthened by agreement between the employer and employee.

2. The period of extended adoption leave taken may, with the consent of the employer, be shortened by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be shortened.

G. Cancellation of Adoption Leave

1. Adoption leave, applied for but not commenced, is cancelled should the placement of the child not proceed.

2. Where the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue, the employee must notify the employer forthwith and the employer must nominate a time not exceeding 4 weeks from receipt of notification of the employee’s resumption of work.

H. Special Leave

1. The employer must grant to any employee who is seeking to adopt a child such unpaid leave not exceeding 2 days as is required by the employee to attend such compulsory interviews or examinations as are necessary as part of the adoption procedure.

2. Where paid leave is available to the employee, the employer may require the employee to take such leave instead of special leave.

I. Adoption Leave of Other Entitlements

Provided the aggregate of any leave, including adoption leave taken under this clause, does not exceed the period to which the employee is entitled under section (c) an employee may, instead of, or in conjunction with adoption leave, take any annual leave or long service leave or any part of it to which he or she is entitled.

J. Effect of Adoption Leave on Employment

Absence on adoption leave does not break the continuity of service of an employee but is not to be taken into account in calculating the period of service for any other purpose.

K. Termination of Employment

1. An employee on adoption leave may terminate the employment at any time during the period of leave by notice.

2. An employer must not terminate the employment of an employee on the grounds of the employee’s application to adopt a child or absence on adoption leave.

L. Return to Work After Adoption Leave

1. An employee must confirm the intention of returning to work by notice in writing to the employer given not less than 4 weeks before the end of the period of extended adoption leave.

2. An employee, on returning to work after adoption leave or expiration of the notice required by subsection (1) is entitled.

(i) to the position which he held immediately before proceeding on such leave, or

(ii) in the case of an employee who has worked part-time in connection with the adoption of the child, to the position he held immediately before commencing the part-time work.

M. Replacement Employees

1. A replacement employee is an employee specifically engaged as a result of an employee proceeding on adoption leave.

2. Before an employer engages a replacement employee, the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

Part 6

MISCELLANEOUS

38. Award to be Displayed

Copies of this collective Enterprise Award shall be displayed in places readily visible and accessible to all parties covered by the Enterprise Award.

39. Transition Arrangements

Where the adoption of this Enterprise Award creates individual situations where an employee’s rate of pay and skill level does not fit the Enterprise Award, the following principles will apply:

(a) No employee will lose pay because of the transition;

(b) Some employees will need to develop skills required at a lower level and must do so within 12 months.

(c) Should during the term of this Enterprise Award, the nurses employed under this Enterprise Award fall below the pay rates that are applied or amended in the Nurses Other Than In Private Hospitals (State Award), then those nurses shall automatically have their individual rates of pay amended to be no less than that in the award.

40. Termination of Employment

Except in the case of casual employees, the engagement shall be a fortnightly one, terminable by notice as outlined below in such writing, or payment of forfeiture of the length of notice in wages in lieu thereof. Such notice shall not be counted as annual leave. Termination shall not be harsh unjust or unfair.

Period of continuous service	Period of notice

Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

In addition to the notice above, employees over 45 years of age at the time of the giving of notice with not less than two years’ continuous service, shall be entitled to an additional week’s notice.

Any employee who is guilty of serious misconduct or gross neglect of duty may be dismissed at any time without notice or wages in lieu of notice.

Full time or part time employees on a probation period, refer to Probationary period clause 19.

Disputes over termination which cannot be resolved by the grievance procedures outlined in this Enterprise Award may be referred to the NSW Industrial Relations Commission as per the Industrial Relations Act.

Notice of termination is not to run concurrently with Annual leave or long service leave unless agreed to by management.

41. Disciplinary Procedure

The following procedure shall be adhered to by the practice and the employees:

(i) Employees who exhibit unsatisfactory performance or behaviour shall be counselled by the Branch Manager or other appropriate person so that they understand the standards expected of them and will be offered assistance and guidance in achieving those standards.

(ii) Confidential written records of such counselling will be made. The employee will be shown and given a copy of the written record and will have the opportunity of commenting on its contents whether in writing or orally. The record will be placed on the employee’s file and the employee will be given the opportunity of responding to the record.

(iii) Employees whose performance or behaviour is unsatisfactory will be given adequate time to demonstrate a willingness or ability to improve. If, at the end of this period, the employee shows no willingness to improve in the opinion of the Branch Manager, the Branch Manager or other appropriate person will counsel the employee. Confidential written records of such counselling will be made. The employee will be shown and given a copy of the written record and will have the opportunity of commenting on its contents whether in writing or orally. The record will be placed on the employee’s file and the employee will be given the opportunity of responding to the record.

(iv) If after the expiration of an agreed review period the employee shows no willingness or ability to improve in the opinion of the practice, then disciplinary action up to and including dismissal may be taken.

(v) Nothing in the procedure shall limit the right of the practice to summarily dismiss an employee for serious misconduct.

(vi) At all stages of the disciplinary process the employee will be entitled to have another available employee present as a witness if desired. The union representative may be informed and attend if requested by the employee, providing employee confidentiality is not breached.

(vii) At all stages the HR Manager is to be kept informed and it is this person’s responsibility to give final permission for termination if this action is deemed necessary.

(viii) If any employee threatens or inflicts assault on another employee, customer or any other person associated with the practice, then this is grounds for immediate dismissal.

42. Abandonment of Employment

Where an employee is absent from work for more than 5 days without the consent of the employer or without notification to the employer, the employee shall be deemed to have terminated his/her employment without notice. The employer will make every effort to contact the staff member during this period of time to ascertain the reason for failing to attend work without any notice.

43. Redundancy

Any decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, such as termination and the elimination of job opportunities, will be discussed with employees.

Reasons for proposed redundancies and the measures to avoid or to minimise them will be discussed with affected employees.

Notice for redundancies arising from changes in production, program, organisation or structure will be given to the employees dependent on the employee’s length of service.

Three months notice for redundancies will be given to employees for redundancies arising from changes in technology.

During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

The practice will notify Centrelink of redundancies.

The practice will provide an employment separation certificate and statement of employment to redundant employees.

The practice will make redundancy or severance payments - amounts being dependent on the employee’s length of service.

Employees shall receive the following notice:

Period of continuous service	Period of notice

Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

Payment in lieu of the notice above shall be made if the appropriate notice period is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

The practice will pay in accordance with the following scale:

Years of service	Entitlement Under 45 years	Entitlement Over 45 years

Less than 1 year	Nil	Nil
1 year and less than 2	4 weeks	5 weeks
2 years and less than 3	7 weeks	8.75 weeks
3 years and less than 4	10 weeks	12.5 weeks
4 years and less than 5	12 weeks	15 weeks
5 years and less than 6	14 weeks	17.5 weeks
6 years and over	16 weeks	20 weeks

44. Individual Negotiation

Notwithstanding the rates for various classifications as in clause 23, management and individual employees concerned will be able to enter into negotiation with respect to individual wage packages; provided the hourly rate of pay under the agreed position is not less than the hourly rate of pay the employee concerned would otherwise receive under this Enterprise Award.

Factors which may be considered in the negotiation process include but are not limited to the following:

(a) the individual employee’s past experience in medical imaging;

(b) appropriate skills and qualifications with respect to medical imaging;

(d) any other matters which management considers appropriate.

45. Meal and Rest Periods

A period of 30 minutes per day shall be allowed for a meal not later than 5 hours after commencement time wherever practicable, to be arranged so as to minimise disruption to the work process. To ensure that the work process is continuous, meal breaks will be staggered as directed by Branch Managers.

Employees shall be allowed adequate time for refreshment breaks during their shifts. This shall be allowed so that there is no complete cessation of work. All reasonable rest periods shall be paid. Tea, coffee, milk, biscuits and sugar shall be supplied by the practice for consumption on the premises during these breaks.

46. Superannuation

The employer will comply with the Superannuation Guarantee legislation.

The employer has an approved company superannuation fund in operation with HESTA. Employee contributions may be made to HESTA or another approved Superannuation Fund that is mutually agreeable to both employer and employee.

47. Salary Sacrifice Superannuation

Employees may enter into salary sacrifice arrangements with the approved funds to a maximum of 30% of their weekly wage provided that the current taxation arrangements continue to exist. Provided that such an arrangement may be terminated when legislation provides an adverse effect on either party to the arrangement.

Employees will be responsible for seeking their own independent financial advice regarding salary sacrifice superannuation.

The employee can elect to terminate the arrangement in writing at any time. Such written notice shall be provided to the relevant manager.

48. Uniforms, Protective Clothing, Etc.

Uniforms are provided by the practice after a three-month qualifying period. Uniforms are to be worn at all times. Employees shall be required to hand in uniforms upon cessation of employment. Employees will be entitled to order a new issue of clothing on the anniversary of employment.

It is compulsory that an employee wears protective clothing where provided or directed by the practice, or in compliance with safety legislation. Closed-in shoes are required to be worn.

Name badges are required to be worn where provided.

49. Training

Employees shall undertake training as required by the practice dependent on their needs. The practice commits to provide a minimum of 37½ hours within working hours for each full time employee per annum and on a pro rata basis for part time and casual employees. The employee may be required to undertake an equal amount of time outside of normal working hours. This includes attendance at branch meetings, clinical meetings, seminars, etc. Individuals are required to keep their own records of time spent for the perusal of Branch Managers.

Time off without loss of pay will be allowed for approved training courses. However, if external training extends beyond the normal hours of work the employee shall make the time available without payment.

The practice will consider reimbursing part or all of the costs associated with the training provided that the training has relevance to the practice’s current or future needs.

Where the practice agrees to reimburse part or all of the costs associated with the training, the employee shall be notified.

Reimbursement for approved training will be made at the successful completion of each stage of the course.

50. Other Employment and Conflicts of Interest

Employees shall not, within the term of their employment, set themselves up or engage in private business or undertake other employment in direct competition with the employer using knowledge or materials gained in their employment. However, employees may undertake other employment so long as such employment is in their own time and does not conflict with their employment with Paedu Unit Trust.

51. Confidentiality

All employees are required to keep information about their employer confidential. Disclosure may only be made with the express consent of the employer. This confidentiality extends to, but is not limited to patient details and medical information. Breach of confidentiality may be deemed to be serious and wilful misconduct.

52. Grievance and Industrial Disputes Procedure

Preamble:

It is the objective of these procedures to ensure that grievances and disputes are resolved by negotiation and discussion between the parties.

The parties to this Enterprise Award recognise that from time to time individual employees may have grievances which need to be resolved in the interests of good relationships.

An employee will have the right for a grievance to be heard through all levels of line management.

Industrial disputes shall generally relate only to matters arising under this Enterprise Award.

A. Grievance Procedure

An employee shall notify the Branch Manager as to the substance of any grievance and request a meeting for bilateral discussions in order to settle the grievance.

A grievance must initially be dealt with as close to the sources as possible, with graduated steps for further discussion and resolution at higher levels.

If no remedy to the employee’s grievance is found, then the employee and/or Branch Manager shall seek further discussion and attempt to resolve the grievance with the HR Manager where appropriate. Reasonable time limits must be allowed for discussion at each level of authority.

At the conclusion of the discussion, Branch Managers must provide a response to the employee’s grievance if the matter has not been resolved, including reasons for not implementing any proposed remedy. At this stage, an employee or the practice may involve an industrial organisation of employer’s or employee’s organisation of which they are a member.

B. Industrial Disputes Procedure

The employee and the employer will confer with a view to resolving all industrial disputes about matters arising under this Enterprise Award by direct negotiation and consultation. All disputes will be dealt with in the following manner so as to ensure the orderly settlement of the matters in question.

Any industrial dispute which arises will, where possible, be settled by discussion on the job between the employee and the employee’s immediate Branch Manager in accordance with the Grievance Procedure.

If the matter is not resolved, the matter will be further discussed between the affected employee, the employee’s nominated representative (who may be a Union Representative) and the Branch Manager of the relevant section, and the assistance of the practice manager or employer’s industrial relations representative will be sought.

If no agreement is reached, the employee’s nominated representative will discuss the matter with the HR Manager.

In the interest of patient care, work will continue normally. No party will be prejudiced as to the final settlement by the continuance of work in accordance with the procedures.

Should the matter still not be resolved it shall be referred by the parties to the NSW Industrial Relations Commission for conciliation or arbitration in settlement of the dispute.

53. Health and Safety

All employees and the practice shall abide by the reasonable directions of the appointed Occupational Health and Safety Officer.

All parties to this Enterprise Award are committed to the safe operation of all equipment on site, to safe working practices and to the good health of all employees. To facilitate this, it is provided that:

(a) It is the employer’s and employee’s obligation to provide a safe and healthy workplace.

(b) Employees will be provided with training in the performance of tasks, consistent with the requirements of Occupational Health and Safety legislation.

(d) It is strictly against the rules of this workplace to interfere with, or make inoperative, any safety equipment or guards.

(e) All work related injuries must be reported to the appropriate team leader and noted by the same. Failure to report accidents may jeopardise payment of accident compensation should this subsequently be claimed.

(f) Any damage to equipment should be reported to the appropriate team leader as soon as possible.

(g) Horseplay or unauthorised or irresponsible use of fire protection or safety equipment may lead to dismissal.

54. Title

This Award shall be known as the Castlereagh Imaging Enterprise (State) Award 2003".

55. Anti-Discrimination

(a) 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.

(b) 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.

(c) 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.

(d) Nothing in this clause is to be taken to affect:

any conduct or act which is specifically exempted from anti- discrimination legislation;

offering or providing junior rates of pay to persons under 21 years of age;

any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction;

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.

P. J. SAMS D.P.

____________________

Printed by the authority of the Industrial Registrar.

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