OCCUPATIONAL HEALTH 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 5772 of 2003)
Before Commissioner
O'Neill
|
24 February 2004
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Definitions
2. Hours
3. Implementation
of 38 Hour Week
4. Penalty
Rates for Shift Work and Weekend Work
5. Meal
Hours and Meal Allowances
6. Salaries
7. Special
Allowances
8. Higher Grade
Duties
9. Part Time
and Casual Employees
10. Overtime
11. Saturday,
Sunday and Holiday Rates of Pay
12. Call Backs
13. Rest
Period after Overtime
14. Holidays
15. Annual
Leave
16. Annual
Leave Loading
17. Long
Service Leave
18. Sick Leave
19. Personal/Carer’s
Leave
20. Bereavement
Leave
21. Post
Graduate Courses
22. Terms of
Employment
23. Labour
Flexibility
24. Payment of
Salary
25 Uniforms
and Laundry Allowances
26 Exemptions
27 Right of
Entry
28 Dispute
Settlement Procedure
29 Anti-Discrimination
30 Building,
Construction & Excavation Sites
31 Superannuation
32 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:
(i) "Board"
means the Nurses' Registration Board of New South Wales appointed under the
provisions of the Nurses' Act 1991.
(ii) "Association"
means the New South Wales Nurses' Association.
(iii) "Occupational
Health Nurse" is a person registered by the Board as a registered nurse
and employed in an occupational health situation, or, in the case of a
building, construction or excavation site, employed to carry out the duties of
an occupational health nurse. Such person may be employed in one of the
following positions:
Principal Occupational Health Nurse -
An occupational health nurse who is responsible for the
organisation of the occupational health nursing service in a large organisation
where nurses are employed in one or more health units or on one or more sites.
Whilst it is likely that a medical officer would be employed full-time in the
organisation, the Principal Nurse would be engaged mainly in administrative
duties and training related to the nursing service throughout the organisation,
and in the case of the building and construction industry, may or may not be
based on site.
Senior Occupational Health Nurse In Charge -
An occupational health nurse who is employed in a
health unit or on a site where there is no medical officer present full-time
and who has the supervision of other nursing personnel.
Sole Occupational Health Nurse -
An occupational health nurse who is employed in a
health unit or on a site where there is no medical officer present full-time or
other nursing personnel.
Senior Occupational Health Nurse -
An occupational health nurse who is employed in a
health unit or on a site where there is a medical officer employed full-time
and who has the supervision of other nursing personnel.
Occupational Health Nurse Under Supervision -
An occupational health nurse who is employed in a
health unit or on a site and who is under the full-time supervision of another occupational
health nurse or a medical officer who is present in the unit or on the site at
all times.
(iv) "Relieving
nurse" means a nurse who is employed to relieve a permanent nurse when
that permanent nurse is absent on long service leave, annual leave, sick leave,
attending seminars or courses including full-time courses in connection with
his/her employment or attending the Occupational Health Nursing Certificate
Course at either College of Nursing,
Sydney, or at the Royal College of Nursing, London; provided that no person
shall be employed as a relieving nurse for a period in excess of six months.
(v) "Enrolled
Nurse" is a person enrolled by the Board as such and employed under the
supervision of an occupational health nurse.
(vi) "Assistant
in Nursing" is a person who has not undertaken any formal nursing course
but who is employed principally in nursing duties under the supervision of an
occupational health nurse.
(vii) "Occupational
Health Nursing Certificate" means a certificate issued as such and
recognised by the New South Wales Nurses' Registration Board.
(viii) "He"
or "She" - unless the context otherwise indicates a reference to the
masculine gender shall include the feminine and the feminine gender shall
include the masculine.
(ix) "Service"
for the purpose of clause 6 Salaries, of this award, means all periods of
service as a Registered General Nurse spent in Occupational Health Nursing.
(x) "Site"
means a building, construction and/or excavation site.
2. Hours
This clause is subject to clause 3, Implementation of
38-Hour Week.
(i) Day Workers -
The ordinary hours of work for day workers shall not exceed thirty-eight per
week or such other number of hours as applies to the general body of employees
and worked in five days of not more than eight hours Monday to Friday
inclusive.
(ii) Shift Workers
- The ordinary hours of shift workers shall not exceed:
(a) 38 hours per
week; or
(b) 76 hours per
fortnight; or
(c) 114 hours in
twenty-one consecutive days;
(d) 152 hours in twenty-eight
consecutive days;
(e) except at
regular change-over of shifts an employee shall not be required to work more
than one shift in each twenty-four hours without payment of overtime as
prescribed in clause 10, Overtime;
(f) the ordinary
hours of shift workers shall be worked continuously except for meal breaks.
(iii) Starting and
Ceasing Time -
(a) Where an
award, determination or agreement (Commonwealth or State) applies to the
general body of employees employed in a factory, shop or establishment the
starting and ceasing times and meal provisions shall be those prescribed for
such general body of employees.
(b) Except as
provided for in paragraph (a) of this subclause, in all other establishments
the ordinary hours shall be worked between the hours of 6.00am and 6.00pm:
provided that no employee employed as at 19 December 1991, shall suffer any
loss of earnings as a result of the variation to the commencement of ordinary
hours of work from 8.00am to 6.00am.
(iv) Where shifts
commence between 10.30 p.m. and midnight the whole of the shift shall be deemed
to commence on the day next following and shall be paid as such.
3. Implementation of
38 Hour Week
The implementation of the 38 hour week shall be as follows:
(i) Ordinary
hours of work shall be an average of 38 per week.
(ii) Except as
provided in subclauses (v) and (vi) hereof, the method of implementation of the
38-hour week may be any one of the following:
(a) by employees
working less than 8 ordinary hours each day; or
(b) by employees
working less than 8 ordinary hours on one or more days each week; or
(c) by fixing one
weekday on which all employees will be off during a particular work cycle; or
(d) by rostering employees
off on various days of the week during a particular work cycle so that each
employee has one week day off during that cycle.
(iii) In each
workplace an assessment should be made as to which method of implementation
best suits the business and the proposal shall be discussed with the employees
concerned, the objective being to reach agreement on the method of
implementation.
(iv) In the absence
of agreement at workplace level in respect to the implementation of the 38 hour
week, the following procedure shall be applied without delay:
(a) Consultation
shall take place within the particular establishment concerned.
(b) If it is
unable to be resolved at establishment level, the matter shall be referred to
the State Secretary of the union (or unions) concerned or his/her deputy, at
which level a conference of the parties shall be convened without delay.
(c) In the absence
of agreement either party may refer the matter to the Industrial Relations
Commission.
(v) The employer
and the majority of employees in the plant or section or sections concerned may
agree that the ordinary working hours are to exceed 8 on any day, thus enabling
a weekday off to be taken more frequently than would otherwise apply.
(vi) Circumstances
may arise where different methods of implementation of a 38 hour week apply to
various groups or section of employees in the plant or establishment concerned.
(vii) Notice of Days
Off
Except as provided in subclauses (viii) and (ix)
hereof, in cases where, by virtue of the arrangement of his/her ordinary hours,
an employee, in accordance with paragraphs (c) and (d) of subclause (ii)
hereof, is entitled to a day off during his/her work cycle, such employee shall
be advised by the employer at least four weeks in advance of the weekday he/she
is to take off; provided that a lesser period of notice may be agreed by the
employer and majority of employees in the workplace or section or sections
concerned.
(viii) Substitute
Days
(a) An employer,
with the agreement of the majority of employees concerned, may substitute the
day an employee is to take off in accordance with paragraphs (c) and (d) of
subclause (ii) hereof for another day in the case of a breakdown in machinery
or a failure or shortage of electric power or to meet the requirements of the
business in the event of rush orders or some other emergency situation.
(b) An individual
employee, with the agreement of the
employer, may substitute the day the employee is to take off for another
day.
(ix) Flexibility in
Relation to Rostered Days Off
Notwithstanding any other provisions in this clause,
where the hours of work of an establishment, plant or section are organised in
accordance with paragraphs (c) and (d) of subclause (ii) hereof an employer,
the union or unions concerned and the majority of employees in the
establishment, plant, section or sections concerned may agree to accrue up to a
maximum of five (5) rostered days off in special circumstances such as where
there are regular and substantial fluctuations in production requirements in
any year.
Where such agreement has been reached the accrued
rostered days off must be taken within 12 months from 31 August, 1989 and each
12 months thereafter.
4. Penalty Rates for
Shift Work and Weekend Work
(i) Employees
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift. Provided that part-time workers
shall only be entitled to the additional rates where their shifts commence
prior to 6 a.m. or finish subsequent to 6 p.m.:
Afternoon shift commencing at 10 a.m. and before 1 p.m.
- 10%
Afternoon shift commencing at 1 p.m. and before 4 p.m.
- 12.5%
Night shift commencing at 4 p.m. and before 4 a.m. -
15%
Night shift commencing at 4 a.m. and before 6 a.m. -
10%
Provided that an employee who -
(a) during a
period of engagement on shift, works night shift only; or
(b) remains on
night shift for a longer period than four consecutive weeks; or
(c) works on night
shift which does not rotate or alternate with another shift or with day work so
as to give the employee at least one-third of the employee’s working time off
night shift in each shift cycle;
shall during such engagement period or cycle be paid
30% more than her/his ordinary rate for all time worked during ordinary working
hours on such night shift.
(ii) "Ordinary
rate" and "ordinary time" shall not include any percentage
addition by reason of the fact that an employee is a part-time or casual
employee.
(iii) For the purposes
of this clause day, afternoon and night shifts shall be defined as follows:
"Day shift" means a shift which commences at
or after 6am and before 10am.
"Afternoon shift" means a shift which
commences at or after 10am and before 4pm.
"Night shift" means a shift which commences
at or after 4pm and before 6am on the day following.
(iv) Employees
whose ordinary working hours include work on a Saturday and/or Sunday, shall be
paid for ordinary working hours worked between midnight on Friday and midnight
on Saturday at the rate of time and one-half and for ordinary hours worked
between midnight on Saturday and midnight on Sunday at the rate of time and
three-quarters and for ordinary hours worked on public holidays at the rate of
double time and one-half. These extra rates shall be in substitution for and
not cumulative upon the shift premiums prescribed in the precedent subclause
(i) of this clause.
The foregoing paragraph shall apply to part-time and
casual workers but such workers shall not be entitled to be paid in addition to
the allowances of 10 per centum prescribed in clause 9, Part-time and Casual
Employees, in respect of their employment between midnight on Friday and
midnight on Sunday.
(v) The additional
payments prescribed by this clause shall not form part of the employee's
ordinary pay for the purposes of this award, except as provided in clause 15,
Annual Leave
5. Meal Hours and
Meal Allowances
(i) An employee,
other than an employee engaged on shift work, shall be entitled to a meal break
of not less than 30 minutes and not more than one hour each day. Such meal
break shall commence no earlier than four hours and finish not later than six
hours after commencing work.
(ii) An employee
engaged upon shift work shall be allowed 20 minutes each shift for crib which
shall be counted as time worked, except that when the general body of employees
engaged on shift work receive an unpaid meal break, an employee under this
award shall receive a similar meal break.
(iii) One interval
of ten minutes (in addition to meal breaks) shall be allowed to each employee
on duty for light refreshments each morning, afternoon and night shift. Such
interval shall count as working time and be paid for as such.
(iv) An employee
required to curtail the time prescribed herein for a meal break shall be paid
at the rate of double time for all such curtailed periods.
(v) An employee
required to work overtime for more than one and a half hours after his/her
usual ceasing time of duty shall be supplied with a meal, free of cost, or
shall be paid the amount as set out in Item 1 of Table 2 of Part B and the same
amount again for each subsequent meal after each four hours of overtime.
6. Salaries
(i) The minimum rates
of pay to be paid to employees shall be as set out in Part B.
Provided that an occupational health nurse under
supervision and a relieving nurse who has obtained an appropriate degree in
Nursing or Applied Science (Nursing) or Health Studies (Nursing) (referred to
for the purposes of this award as a "UG1 Qualification") shall be
paid at the rate prescribed in the said Part B for such qualification.
Provided that a nurse with two years’ continuous
service as an occupational health nurse shall be entitled to the highest rate
for an occupational health nurse in his/her appropriate classification.
Provided further, that if an occupational health nurse has not been employed as
a nurse during the previous five years, he/she shall revert to the rate for the
first year of service until either 12 months have elapsed or he/she has
undertaken the orientation course administered by the Division of Occupational
Health of the Department of Health, New South Wales, whichever is the sooner,
whereupon he/she shall be entitled to the highest rate for his/her
classification.
Provided that the foregoing provisos shall only apply
to a nurse employed by his/her current employer on or after 26 February 1979.
(ii) The rates of
pay in this award include the adjustments payable under the State Wage Case
2003.
These adjustments may be offset against:
(a) any equivalent
overaward payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
7. Special Allowances
(i) An employee
who has to remain on close call, i.e., on call for duty and not allowed to
leave his/her employer’s premises during any meal break which is not paid for
as time worked, shall be paid an additional sum as set out in Item 2 of Table 2
Part B for each day or part thereof he/she is so required.
(ii) A nurse who
is required to use his/her own car in the course of his/her duties shall be
paid as set out in Item 3 of Table 2 Part B.
8. Higher Grade
Duties
An employee required to perform the normal duties of a
higher grade than that on which she/he is regularly employed shall in addition
to her/his normal salary be paid the difference between her/his normal salary
and that prescribed in the award for the higher grade, provided that where an
employee is required to act in the higher grade for a period of at least 3
consecutive working days during which a holiday(s) occur, such holiday(s) shall
be deemed to be a working day(s).
9. Part-Time and
Casual Employees
Part I - Permanent Part Time Employees
(i) A permanent
part-time employee is one who is permanently appointed by an employer to work a
specified number of hours which are less than those prescribed for a full-time
employee.
(ii) Employees
engaged under Part I of this clause shall be paid an hourly rate calculated on
the basis of one thirty-eighth of the appropriate rate prescribed by Clause 6
Salaries, of this award and where applicable one thirty-eighth of the
appropriate allowances prescribed by Clause 7 Special Allowances, of this
award, with a minimum payment of 2 hours for each start, and one thirty-eighth
of the appropriate allowances prescribed by clause 25, Uniforms and Laundry
Allowance; but shall not be entitled to an additional day off or part thereof
as prescribed by subclause (ii) of clause 3, Implementation of 38-Hour Week.
(iii) The
provisions of clause 15, Annual Leave, and clause 16, Annual Leave Loading,
shall apply to employees engaged under Part I of this clause, upon the same
ratio as the number of hours worked in each week bears to 38.
(iv) In Part I of
this clause ordinary pay, for the purposes of sick leave and annual leave,
shall be calculated on the basis of the average weekly hours worked over the 12
months' qualifying period; provided further that, if this figure is less than
the contracted hours under subclause (i) hereof, then the contracted hours
shall form the basis of the calculations.
(v) Employees
engaged under Part I of this clause shall be entitled to all other benefits of
this award not otherwise expressly provided for herein in the same proportion
as their ordinary hours of work bear to full-time hours.
Part II - Casual Employees
(i) A casual
employee means an employee who is engaged and paid by the hour.
(ii) A casual
employee shall be paid at the hourly rate ascertained by dividing the weekly
rate by 38 plus 10 per cent in respect of all hours worked between 6.00am and
6.00pm, Monday to Friday inclusive, and at the rate of time and one half for
the first two hours and double time thereafter for work outside these hours or
on Saturdays: provided that no employee engaged as a casual on a regular basis
during the three months immediately prior to 19 December, 1991, shall suffer
any loss of earnings as a result of the variation to the commencement of
ordinary hours of work from 8.00am to 6.00am as per paragraph (b) of subclause
(iii) of Clause 2 of this award.
(iii) For work
performed on Sundays casual employees shall be paid at the rate of double time
and on public holidays at the rate of double time and a half.
(iv) A casual
employee shall be entitled to a minimum payment as for three hours at the
appropriate rate in respect of each start and shall be reimbursed all fares
actually and reasonably incurred by her/him in travelling to and from work
provided that fares shall not be reimbursed for any employee who had not been
employed as a casual prior to 31 August, 1989.
10. Overtime
(i) Day Workers -
All time worked by day workers in excess of 38 hours per week or before the
ordinary commencing time or after the ordinary ceasing time shall be paid for
at the rate of time and a half for the first two hours and double time
thereafter, provided that;
(a) when the
provisions are not less favourable than this subclause the provisions of
subclause (iv) of this clause shall apply;
(b) no employee
employed as at 19 December, 1991 shall suffer any loss of earnings as a result
of the variation to the commencement of ordinary hours of work from 8.00am to 6.00am
in paragraph (b) of subclause (iii) of Clause 2 of this award.
(ii) Shift Workers
- Except as prescribed in subclause (ii) of clause 2, Hours, and subject to
subclause (iv) of this clause all time worked by shift workers:
(a) in excess of
38 hours per week in the case of an employee whose ordinary hours of work are
balanced over one week; or
(b) in excess of
76 hours per fortnight in the case of an employee whose ordinary hours of work
are balanced over a fortnight; or
(c) in excess of
114 hours per fortnight in the case of an employee whose ordinary hours of work
are balanced over a three week period; or
(d) in excess of
152 hours in twenty-eight consecutive days in the case of an employee whose
ordinary hours of work are balanced over a four-week period; or
(e) before the
usual starting time or after the usual finishing time;
shall be paid for at the rate of time and one-half for
the first two hours and double time thereafter.
(iii) For the
purpose of calculating overtime each day or shift shall stand alone.
(iv) Where an
award, determination or agreement (Commonwealth or State) applies to the
general body of employees in a factory, shop or establishment and that award,
determination or agreement prescribes rates for overtime -
(a) in the case of
day workers more favourable to day workers than the provisions of subclause (i)
of this clause, the overtime provisions of that award, determination or agreement shall apply to day workers
under this award in lieu of the provisions of subclause (i) of this clause; and
(b) in the case of
shift workers more favourable to shift workers than the provision of subclause
(ii) of this clause the overtime provisions of that award, determination or
agreement shall apply to shift workers under this award in lieu of the
provisions of subclause (ii) of this clause.
(v) Subject to the
following subclauses an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for under this award.
(a) An employee
may refuse to work overtime in circumstances where working of such overtime
would result in the employee working hours which are unreasonable.
(b) for the
purpose of this subclause what is reasonable or otherwise will be determined
having regard to:
(1) the risk to the
employee’s health and safety;
(2) the employee’s
personal circumstances including any family or carer responsibilities;
(3) the needs of
the workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of their
intention to refuse it; and
(5) any other
relevant matter.
(vi) Permanent
Part-time Employees - All time worked by employees employed pursuant to Part I
of clause 9, Part-time and Casual Employees, in excess of the rostered daily
ordinary hours of work prescribed for the majority of full time employees in
the section concerned shall be paid for at the rate of time and one half for
the first 2 hours and double time thereafter.
Time worked up to the rostered daily ordinary hours of work prescribed for
the majority of the full time employees in that section shall not be regarded
as overtime but an extension of the contract hours for that day and shall be
paid at the ordinary rate of pay.
(vii) Time Off in
Lieu of Payment of 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 with the employer within 12
months of the said election.
(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) If, having
elected to take time off in lieu in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
11. Saturday, Sunday
and Holiday Rates of Pay
(i) Day Workers -
(a) Day workers
shall be paid at the rate of time and a half for the first two hours and double
time thereafter for work done on Saturdays and at the rate of double time for work
performed on Sundays and at the rate of double time and a half for work
performed on public holidays. Such rate
shall continue until the employee is relieved from duty.
(b) Day workers
who work on a Sunday or on a public holiday and, except for meal breaks,
immediately thereafter continue such work shall, on being relieved from duty,
be entitled to be absent until they have had eight consecutive hours off duty,
without deduction of pay, for ordinary time of duty occurring during such
absence.
(ii) Shift Workers
- Employees required to work on Sundays or public holidays shall be paid for a
minimum of three hours' work.
12. Call Backs
An employee who after having left the employer's premises is
recalled to work shall be paid at the rate of time and a half for the first two
hours and double time thereafter; provided that the employee shall be paid for
a minimum of three hours' start for each call back.
13. Rest Period After
Overtime
(i) An employee
after the completion of overtime work performed after her/his usual time of
ceasing work shall be entitled to be absent until she/he has had eight
consecutive hours off duty, without deduction of pay, for ordinary time off
duty occurring during such absence.
(ii) If on the
instructions of the employer any employee resumes work without having had eight
consecutive such hours off duty she/he shall be paid at double rates until
she/he is relieved from duty to take such a rest period and she/he shall then
be entitled to be absent until she/he has had eight consecutive hours off duty
without deductions of pay for ordinary time of duty occurring during such
absence.
14. Holidays
(i) Employees
shall be entitled to the following public holidays without loss of pay: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day, or such other
day as is generally observed in the locality as a substitute for any of the
said days respectively, together with all proclaimed public holidays throughout
the State.
(ii) In addition
to the holidays specified in subclause (i) hereof, an employee shall be
entitled to one additional day as a holiday in each calendar year. Such additional holiday shall be observed on
a day when the majority of employees in an establishment observe a day as an
additional holiday or as a picnic day, or on another day mutually agreed
between the employer and employee; or, in the retail industry, if no such day
is mutually agreed, a day added to the employee's annual leave.
15. Annual Leave
(i) Annual leave
at the rates of pay prescribed by subclause (vi) of this clause and clause 16,
Annual Leave Loading, shall be granted on completion of twelve months' service
as follows:
(a) Employees
whose ordinary working hours occur between 6.00am and 6.00pm daily and do not
include work on Saturdays and Sundays - four weeks annual leave;
(b) Employees on
seven-day rosters - five weeks annual leave;
(c) In addition to
the periods specified in paragraphs (a) and (b) of this subclause one day shall
be added to the period of leave for each public holiday prescribed by clause
14, which occurs during the period of annual leave.
(ii) Such annual
leave shall be given and shall be taken within a period of six months after the
date when the right to annual leave accrued.
(iii) Annual leave
shall be given and taken in either one consecutive period or two periods,
neither of which shall be less than one week.
Where the employee and employer agree however, it may be taken in either
two, three or four separate periods, but in no case shall any period be less
than one week.
(iv) Nothing in
this clause shall prevent an employer, by agreement with the employee, from
allowing annual leave to an employee before the right thereto has accrued; but
where leave is taken in such a case a further period of annual leave shall not
commence to accrue until the expiration of twelve months in respect of which
annual leave was taken before it accrued.
(v) The employer
shall give to each employee at least two months' notice of the date upon which
he/she shall enter upon annual leave.
(vi) Each employee
before going on leave shall be paid for the period of leave at the ordinary
rate of salary including shift allowance, group bonus schemes, and any other
payments, other than overtime, which
the employee generally receives throughout the year including, in the case of
employees on seven-day rosters, weekend penalty rates.
(vii) Except as
provided for in subclause (viii), of this clause, payment shall not be made nor
accepted in lieu of annual leave.
(viii) When the
employment of an employee is terminated the employee shall be entitled to
receive a proportionate payment for all time worked for which no annual leave
has been granted at the time rate of pay fixed under the contract of
employment. Such payment shall include
shift allowances relating to ordinary time and weekend penalties relating to
ordinary time excluding any other amount paid to him/her in respect of shift
work or penalty rates.
(ix) An employee
required to work on seven-day rosters who is rostered off on a holiday
prescribed by clause 14, Holidays, shall have added to the period of leave
prescribed by subclause (i) of this clause, one day for each holiday that the
employee is so rostered free from duty.
(x) In addition to
the leave prescribed by paragraph (b) of subclause (i) of this clause employees
who are rostered to work their ordinary hours on Sundays and/or holidays shall
be entitled to receive additional payment on the following basis:
Number of ordinary shifts worked on Sundays and/or
holidays during qualifying period of employment for annual leave purposes -
4 to 10 -
|
one-fifth of one week's ordinary salary additional payment.
|
11 to 17 -
|
two-fifths of one week's ordinary salary additional
payment.
|
18 to 24 -
|
three-fifths of one week's ordinary salary additional
payment.
|
25 to 31 -
|
four-fifths of one week's ordinary salary additional
payment.
|
32 or more -
|
one week's ordinary salary additional payment.
|
The additional payment shall be made at the time the
employee proceeds on annual leave, provided that where the employment of an employee
is terminated the employee shall be entitled to be paid the additional payment
that may have occurred under this paragraph in addition to the proportionate
payment prescribed by subclause (viii) of this clause."
16. Annual Leave
Loading
(i) Loading is to
be calculated only in relation to any period of annual leave to which employees
have become entitled.
(ii) The loading
is payable in addition to the pay for the period of holiday given and taken and
due to the employee in accordance with subclause (i) of clause 15, Annual
Leave.
(iii) The loading
is the amount payable for the period stated in sub-clause (i) of this clause at
the rate of 17.5 per cent of the appropriate ordinary weekly time rates
prescribed by this award for the classification in which the employee was
employed immediately before commencing his/her annual holiday.
(iv) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance
in accordance with subclause (iv) of clause 15, Annual Leave, provided that, if
the employment of such employee continues until the day when she or he would
have become entitled under the said Clause to annual leave, the loading then
becomes payable in respect of the period of such holiday and is calculated in
accordance with subclause (iii) of this clause applying to the award rates of
wages payable on that day.
(v) This clause
extends to an employee who is given and takes annual leave and who would have
worked as a shift worker if the employee had not been on leave; provided that,
if the amount to which the employee would have been entitled by way of shift
work allowances and weekend penalty rates for the ordinary time (not including
time on a public or special holiday) which the employee would have worked
during the period of the leave exceeds the loading calculated in accordance
with this clause then that amount shall be paid to the employee in lieu of the
loading.
17. Long Service
Leave
See Long Service Leave Act 1955.
18. Sick Leave
An employee who after not less than 3 months' continuous
service in his/her current employment is unable to attend for duty during
his/her ordinary working hours by reason of personal illness or personal
incapacity (including incapacity resulting from injury within the meaning of Workers
Compensation Act 1987), not due to his/her own serious and wilful
misconduct, shall be entitled to be paid at ordinary time rates of pay for the
time of such non-attendance subject to the following:
(i) The employee
shall not be entitled to paid leave of absence for any period in respect of
which she/he is entitled to Workers' Compensation.
(ii) All periods
of sickness shall be certified by the employee's own legally qualified medical
practitioner. The employer may dispense with the requirement of a medical
certificate where the absence does not exceed two consecutive days or where, in
the employer's opinion, the circumstances are such as not to warrant such
requirement.
(iii) Each employee
shall, wherever practicable before the commencement of such absence, inform the
employer of his or her inability to attend for duty and as far as possible
state the nature of the injury or illness and the estimated duration of the
absence. Where an employee does not notify the employer of his/her inability to
attend for duty in accordance with this subclause the said employee shall not
be entitled to payment for such absence until the employer is notified and a
medical certificate has been supplied to the employer.
(iv) The employee
shall not be credited in respect of any year of continued employment with sick
leave for more than forty ordinary working hours during his/her first year of
service and sixty-four hours during each subsequent year of service. Any period of paid sick leave allowed by the
employer to an employee in any such year shall be deducted from the period of
sick leave which may be allowed or carried forward under this award or in
respect of such year.
(v) The rights
under this clause shall accumulate from year to year so long as his/her
employment continues with the employer so that any part of forty hours in the
first year of service and sixty-four hours during any subsequent year of
service which has not been allowed in any year may be claimed by the employee
and shall be allowed by the employer, subject to the conditions prescribed by
this clause, in a subsequent year of such continued employment to a maximum of
640 hours.
(vi) For the
purposes of this clause a year means a year of employment.
(vii) Service with
the employer before the coming into force of this award shall be counted as
service for the purpose of qualifying hereunder.
(viii) Notwithstanding
the provisions of this clause where a nurse is employed in an establishment and
the majority of the employees employed at that establishment are employed under
the terms of another award, either Federal or State and that award prescribed
sick leave provisions more favourable than those applying under this award, the
employee shall be entitled to the benefits of the sick leave provision of that
award in lieu of the provisions prescribed by this clause.
(ix)
(a) Part Day
Absences
In the case of employees whose hours of work are fixed
in accordance with paragraph (c) or (d) of subclause (ii) or subclause (v) of
Clause 3 of this award, sick pay entitlements for part-day absences shall be
calculated on a proportionate basis as follows:
Duration of sick leave
absence
|
x
|
Appropriate weekly rate
|
Ordinary hours normally
|
|
5
|
worked that day
|
|
|
In the case of employees whose hours of work are fixed
in accordance with paragraph (a) or (b) of subclause (ii) of clause 3 of this
award sick pay entitlements for part-day absences shall be calculated on a
proportionate basis as follows:
Duration of sick leave
absence
|
x
|
Appropriate weekly rate
|
|
|
38
|
(b) Sickness on
Day Off
Where an employee is sick or injured on the weekday the
employee is to take off in accordance with paragraph (c) or (d) subclause (ii) or
subclause (v) of clause 3 of this award, she/he shall not be entitled to sick
pay nor will his/her sick pay entitlement be reduced as a result of her/his
sickness or injury that day.
19. Personal/Carer’s
Leave
(i) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (2) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 18, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care 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 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 stepchild
or an adult child (including an adopted child, a step child, a foster child or
an ex nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(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 subparagraph:
(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.
(vi) Any employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(ii) 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 member of a class of person set out in subparagraph (2) of paragraph (c) of
subclause (i) who is ill.
(iii) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day periods
or part thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(iv) Time Off in
Lieu of Payment for Overtime
(a) For the
purpose only of providing care and support for a person in accordance with
subclause (i) of this clause, and despite the provisions of subclause (vii) of
clause 10, Overtime, the following provisions shall apply.
(b) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(c) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(v) Make-Up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(vi) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
20. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to a maximum of two days
bereavement leave without deduction of pay, on each occasion of the death of a
person in Australia as prescribed in subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect of a death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (2) of paragraph (c) of subclause (i) of clause 19, Personal/Carer’s Leave , provided that, for
the purpose of bereavement leave, the person need not have been responsible for
the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(ii), (iii), (iv), (v) and (vi) of the said clause 19. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
21. Post Graduate
Course
(i) After two
years' service with her/his employer an employee shall be allowed by the
employer unpaid leave of absence so the employee may attend any full-time post
graduate course in Occupational Health Nursing.
(ii)
(a) In the event
of a nurse wishing to undertake a course of study in occupational health
nursing she/he may apply for enrolment in the Occupational Health Nursing
Higher Certificate Course. The nurse shall advise her/his employer of her/his
intention prior to making such an application.
(b) If a dispute
arises between the employer and the nurse in relation to (a) whether the nurse
should undertake the course and/or (b) the terms under which the nurse is granted
leave (including whether the nurse is released on full pay or on leave without
pay) the following procedures shall be followed.
(c) A disputes
committee comprising a representative nominated by the New South Wales Nurses'
Association and a representative nominated by either Metal Trades Industry
Association of Australia, Australian Business Industrial, Employers First or
the Retail Traders' Association of New South Wales, shall be convened at the
request of any of the organisations who are parties to this award.
(d) In the event
of the disputes committee failing to settle any dispute, any party to the
dispute shall be at liberty to refer the matter to the Industrial Committee.
(e) Each dispute
shall be determined on the facts and circumstances relevant to that dispute. No
party shall use the terms of settlement of any dispute in any other
proceedings.
(iii) An
occupational health nurse who is not the holder of an Occupational Health
Certificate nor a Diploma in Community Nursing and who has not previously
attended the Orientation Course in Occupational Health administered by the
Division of Occupational Health of the Department of Health, New South Wales,
or who is a person covered by the proviso to clause 6, Salaries, shall be
granted leave of absence without loss of pay to attend the said Orientation
Course upon the following conditions:
(a) as soon as
practicable after the employee is notified by the Division of Occupational
Health the nurse shall notify her or his employer that she or he has been accepted
for the course and the dates upon which the course is to be held.
(b) the employer
is given a minimum of fourteen days' notice. Provided that the provisions of
this subclause shall not apply to nurses employed in retail shops.
22. Terms of Employment
(i) Except in
cases of misconduct the employment of a weekly employee shall be terminated by
not less than two weeks' notice on either side or by the payment or forfeiture
of two weeks' pay in lieu of such notice.
(ii) Upon the
termination of the services of an employee the employer shall furnish her/his
with a written statement, duly signed by the employer, setting out the nature
and period of her/his employment.
(iii) Upon
commencement of employment she/he shall be given a written contract of
employment.
23. Labour
Flexibility
(i) For the
purposes of increasing productivity and flexibility, as well as enhancing
career opportunities for employees, multi-skilling may extend by agreement
between an employer and an employee to allow the employee to perform any work
in an enterprise within the scope of their skills and competence.
(ii) Discussion
shall take place at the enterprise with a view to reaching agreement for
employees to perform a wider range of tasks, removal of demarcation barriers
and participation of employees in additional training.
(iii) Notwithstanding
the provision of (ii) above, employees shall perform a wider range of duties
including work which is incidental or peripheral to their main tasks or
functions.
(iv) Employees
shall perform such work as is reasonable and lawfully required of them by the
employer including accepting instruction from authorised personnel.
(v) Employees
shall comply with all reasonable requests to transfer or to perform any work
provided for by the award.
(vi) Employees
shall take all reasonable steps to ensure the quality, accuracy and completion
of any job or task assigned to the employee.
(vii) Employees
shall not impose any restrictions or limitations on the measurement and/or
review of work methods or standard work times; provided that appropriate
consultation between employer and employees has taken place.
24. Payment of Salary
(i) All salaries
and other payments due to the employee, other than casual nurses, shall be paid
weekly or fortnightly provided that the payment for any overtime worked may be
deferred to the pay-day next following the completion of the working cycle
within which such overtime is worked, but for no longer; provided further that
upon the termination of the employment of an employee by the employer, or by
the employee upon notice in accordance with clause 22, Terms of Employment, all
salaries and other payment due to such employee shall be paid not later than
one working day after such termination; provided further that salaries may be
paid monthly by agreement between the employer and employee.
(ii) All salaries
and other payments due to a casual employee shall be paid at the completion of
each engagement.
(iii) Where
practicable an employee rostered off duty on pay-day shall be paid the salary
and other payments due to the employee on the last day on which the employee is
on duty prior to pay-day.
(iv) Employees
shall have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee. Salaries shall be deposited by the employer
in sufficient time to ensure that wages are available for withdrawal by
employees by no later than pay-day, provided that this requirement shall not
apply where employees nominate accounts with non-bank financial institutions
which lack the technological or other facilities to process salary deposits
within 24 hours of employers making their deposits with such financial
institutions but in such cases employers shall take all reasonable steps to
ensure that the wages of such employees are available for withdrawal by no
later than pay-day. Subject to adequate
notice in writing on each occasion, employees who are rostered off duty on
pay-day shall be entitled to have their salary deposited before proceeding on
their day or days off.
25. Uniforms and
Laundry Allowance
(i) Where an
employee is permitted and/or required to wear a uniform, such uniform shall be
provided by the employer. In lieu of
providing adequate uniforms, an employer may elect to pay the sum of not less
than the amount per annum set out in Item 4 of Table 2 Part B, or the amount
per week set out in Part B, except during the period of annual leave.
(ii) Where
uniforms are not laundered at the employer’s expense, an allowance per week as
set out in Item 5 of Table 2 of Part B shall be paid to the employee.
(iii) In lieu of
supplying stockings to a female employee, an employer may pay the said employee
the amount per week as set out in Item 6 of Table 2 of Part B.
(iv) Uniforms, for
the purpose of this clause, shall mean suitable frock or pant suit uniform with
stockings for a female employee, or the appropriate equivalent for a male
employee.
(v) Where an
employee is required to wear headwear, it shall be provided and laundered free
of cost by the employer.
26. Exemptions
Members of the Retail Traders' Association of New South
Wales are exempt from the provisions of subclause (i) Day Workers, of clause 2,
Hours, provided that their employees are worked in accordance with the
rostering provisions of the Shop Employees (State) Award, published 18 May 2001
(324 I.G. 935), as varied, or any award rescinding or replacing the said award.
27. Right of Entry
See Industrial Relations Act 1996
28. Dispute
Settlement Procedure
(i) Where a
dispute, difficulty or grievance arises at a workplace involving an employee
employed pursuant to this Award it shall initially be dealt with as close to
the source as possible.
(ii) The employer,
or employee as the case may be, shall notify the other party of the substance
of the dispute, difficulty or grievance, request a meeting for bilateral
discussions and state the remedy sought.
(iii) Where an
employee has submitted a request concerning any matter directly connected with
employment to a foreman or a more senior representative of management and that
request has been refused, or the matter has not been resolved, the employee
may, if he or she so desires, submit the matter to management and the appropriate
executive of the employer concerned.
(iv) If, at the
conclusion of the discussions referred to in subclause (ii) above, the dispute,
difficulty or grievance is not resolved then the employer must provide a response
detailing the outcome of the discussions including reasons for not implementing
any proposed remedy.
(v) If not settled
at this stage, the matter shall then be discussed between such representatives
of the Union as the Union may desire and the employer, who may be accompanied
by or represented by such officers or representatives of an Association of
Employers as the employer may desire, including, where agreed, processing the
dispute through locally organised boards or committees set up by the parties
for this purpose.
(vi) If the matter
is still not settled, it shall be submitted to the NSW Industrial Relations
Commission.
(vii) Where the
above procedures are being followed, work shall continue normally. No party shall be prejudiced as to final
settlement by the continuance of work in accordance with this subclause.
(viii) Notwithstanding
anything contained in the previous paragraphs, the respondents shall be free to
exercise their rights if the dispute is not finalised within seven (7) days of
notification.
(ix) This clause
shall not apply to any dispute as to a bona fide safety issue.
(x) The employee
may be represented by the New South Wales Nurses' Association during any stage
of this procedure.
29.
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 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".
30. Building,
Construction & Excavation Sites
Nothing in this Award gives a person employed under the
provisions of this Award or the Association the right (in relation to building,
construction and/or excavation sites) to participate in the determination of
site allowances, site agreements or of conditions under awards to which the
Association is not a party.
31. Superannuation
(i) Definitions
(a) "Approved
Fund" means:
(1) the Health
Employee’s Superannuation Trust Australia (H.E.S.T.A.);
(2) the Health
Industry Plan (HIP);
(3) the Australian
Superannuation Savings Employment Trust (A.S.S.E.T.);
(4) any superannuation
fund as agreed between the Association and any employer(s), provided that the
fund is a complying regulated fund and holds a Certificate of Compliance issues
by the Australian Prudential Regulatory Authority. Provided further that the
Association shall not unreasonably withhold agreement unless it establishes
good and proper reasons;
(5) any
superannuation fund operating within a place of employment prior to the
operative date of this clause namely 2 July 1999, provided that the fund is a
complying regulated fund, holds a Certificate of Compliance issued by the
Australian Prudential Regulatory Authority, and the Association agrees to the
continued approval of that fund. Provided further that the Association shall
not unreasonably withhold agreement unless it establishes good and proper
reasons;
(6) any
superannuation fund nominated by the employee and approved by the employer in
accordance with Section 124 of the Industrial Relations Act 1996
("the 1996 Act").
(b) "complying
regulated fund" means a superannuation fund that is regulated under the Superannuation
Industry (Supervision) Act 1993 and has been issued with a Certificate of
Compliance by the Australian Prudential Regulatory Authority.
(c) "Ordinary
time earnings" means remuneration for an employee’s weekly number of hours
of work, excluding overtime hours, calculated at the ordinary-time rate of pay,
including the following:
(1) payment for
ordinary hours of work;
(2) shift premiums
for ordinary hours of work;
(3) any percentage
addition payable to casual employees for ordinary hours of work;
(4) ordinary time
award allowances (not including expense related allowances);
(5) overaward
payments for ordinary hours of work.
(d) Association
means the New South Wales Nurses’ Association.
(e) "Qualified
employee" means:
(1) A full-time or
part-time employee who has completed at least four weeks service in the
industry of nursing. Provided that once this period has elapsed, payments in
accordance with subparagraph (1) of paragraph (c) of subclause (i).
Contributions, shall be made for the entire period of service with the
employer;
(2) A casual
employee who has earned in excess of $2000.00 ordinary time earnings during
their employment with an employer in the course of any one year (1 July to 30
June). Provided further that any casual employee who is deemed to be a
qualified employee prior to the operative date of this clause will continue to
be qualified.
(ii) Superannuation
Legislation
The subject of superannuation is dealt with extensively
by federal legislation including the Superannuation Guarantee
(Administration) Act 1992, the Superannuation Guarantee Charge Act
1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993, and s124 of the Industrial
Relations Act 1996 (NSW). This
legislation, as varied from time to time, shall govern the superannuation
rights and obligations of the parties.
(iii) Contributions
(a) The employer shall
make, in respect of qualified employees, superannuation contributions of 3% of
ordinary time earnings into an approved fund. Such contributions shall be
remitted to the approved fund on a monthly basis. With respect to casual employees contributions shall be remitted
to the approved fund at the time of the employees receiving their annual group
certificate.
(b) It is provided
further that an employee may nominate one complying fund to which all award and
statutory superannuation contributions in respect of him/her shall be paid,
subject to employer approval of the fund nominated by the employee. Provided that the employer shall not
unreasonably withhold agreement unless it establishes good and proper reasons for
the withholding of agreement.
(c) Where no such
nomination is made before any such contributions become payable, the said
contribution referred to in paragraph (a) of this subclause will be paid to the
approved fund for that place of employment.
32. Area, Incidence
and Duration
(i) This award
rescinds and replaces the Occupational Health Nurses' (State) Award published 1
December 2000 (320 IG. 836), and all variations thereof.
(ii) It shall
apply to the classifications of nurses defined herein and all persons employed
as nurses in the industry and calling of nurses employed in shops, factories
registered or registrable under the Shops and Industries Act 1962,
banks, offices and similar institutions, and on building, construction and/or
excavation sites but shall not cover nurses employed by insurance companies
within the jurisdiction of the Trained Nurses' &c., Other Than in
Hospitals, &c. (State) Industrial Committee.
(iii) The award
shall take effect on and from the 27 July 2000 and shall remain in force for a
period of twelve months.
(iv) This award has
been varied to include variations arising from the 2003 s19 Award review
process. These changes will take effect on 24 February 2004.
Part B
MONETARY RATES
Table 1 - Salaries
|
Operative from the
first pay period on or after
|
|
12 July 2003
|
|
$
|
Assistant in Nursing-
|
|
1st year of service
|
471.20
|
2nd year of service
|
482.30
|
3rd year of service
|
493.50
|
Thereafter
|
505.00
|
Enrolled Nurse-
|
|
1st year of service
|
513.00
|
2nd year of service
|
527.00
|
3rd year of service
|
548.40
|
4th year of service
|
566.10
|
Thereafter
|
578.40
|
Occupational Health Nurse Under Supervision -
|
|
1st year of service
|
744.40
|
2nd year of service
|
774.50
|
Relieving Nurse
|
774.50
|
UG1 Qualification
|
799.30
|
Sole Occupational Health Nurse
|
799.30
|
Senior Occupational Health Nurse
|
873.50
|
Senior Occupational Health Nurse in Charge
|
913.30
|
Principal Occupational Health Nurse
|
975.50
|
Table 2 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
5(v)
|
Meal Allowance
|
8.35 per meal
|
2
|
7(i)
|
Close Call
|
5.83 per day
|
3
|
7(ii)
|
Own vehicle Allowance
|
|
|
|
Under 1600cc
|
51.98 cents per km
|
|
|
Over 1600cc
|
70.48 cents per km
|
4
|
25(i)
|
Uniform Allowance
|
510.81 per annum or
|
|
|
|
9.83 per week
|
5
|
25(ii)
|
Laundering Allowance
|
5.74 per week
|
6
|
25(iii)
|
Stocking Allowance
|
3.59 per week
|
B. W. O'NEILL, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.