State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)





spacer image spacer image

OCCUPATIONAL HEALTH NURSES' (STATE) AWARD
  
Date07/16/2004
Volume345
Part4
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C2560
CategoryAward
Award Code 517  
Date Posted07/15/2004

spacer image spacer image

spacer image Click to download*
spacer image
BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(517)

SERIAL C2560

 

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.

 

* to download attachment
  
IE UsersRight click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'