AGED CARE GENERAL SERVICES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5770 of 2003)
|
Before Commissioner
Connor
|
13 February 2004
|
REVIEWED AWARD
1. Delete clause
1, Arrangement, of the award published 10 November 2000 (320 I.G. 1), and
insert in lieu thereof the following:
1. Arrangement
PART A
Clause No. Subject Matter
33. Accommodation
and Amenities
12. Allowances
for Special Working Conditions
14. Annual
Leave
15. Annual
Leave Loading
27. Anti-Discrimination
10. Apprentices
38. Area,
Incidence and Duration
1. Arrangement
31. Union
Representative
29. Attendance
at Meetings and Fire Drills
35. Award
Benefits to be Continuous
9. Casual
Employees
22. Climatic
and Isolation Allowance
19. Compassionate
Leave
2. Definitions
36. Exemptions
26. Grievance
and Dispute Resolution Procedures
4. Hours
34. Inspection
of Lockers of Employees
28. Labour
Flexibility
23. Leading
Hands
16. Long
Service Leave
6. Meals
32. Notice
Board
7. Overtime
20. Payment
and Particulars of Wages
11. Penalty
Rates and Shift Allowances
8. Permanent
Part-time Employees
13. Public
Holidays
37. Reasonable
Hours
24. Relieving
other Members of Staff
5. Roster of
Hours
21. Service
Allowance
17. Sick Leave
18. State
Personal/Carer’s Leave Case - August 1996
30. Termination
of Employment
25. Uniforms
and Protective Clothing
3. Wages
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
2. Delete the
definition of "Association" appearing in clause 2, Definitions, and
insert in lieu thereof the following:
"Union" means the Health Services Union.
3. Delete
subclause (x) of clause 4, Hours, and insert in lieu thereof the following:
(x) Except for
meal breaks each day, all time from the commencement to the cessation of duty
each day shall count as working time.
Provided that an employer may apply to the Union for an exemption from
this provision to enable broken shifts to be worked. The Union shall accept or reject such application within 28 days,
unless otherwise agreed by the employer. The Union shall not reject such
application without good reason.
4. Delete
subclauses (i) and (ii) of clause 10, Apprentices, and insert in lieu thereof
the following:
(i) Apprenticeship
means an apprenticeship established under Division 2 of Part 2 of the Apprenticeship
and Traineeship Act 2001.
(ii) Contacted
Apprentice means an employee who is serving a period of training under a
training contract for the purpose of rendering him/her fit to be a qualified
worker in an industry. Apprentices may
be contracted to an organisation as Cooks or Gardeners.
5. Delete clause
31, Association Representative, and insert in lieu thereof the following:
31. Union
Representative
An employee appointed Union representative shall, upon
notification thereof in writing to the employer, within 14 days of such
appointment, be recognised as the accredited representative of the Union and
shall be allowed reasonable time during working hours to interview the employer
on matters affecting employees.
6. Delete
subclause (i) of clause 32, Notice Board, and insert in lieu thereof the
following:
(i) The employer
shall permit a notice board of reasonable dimensions to be erected in a
prominent position, upon which the association representative shall be
permitted to post Union notices.
7. Delete
subclause (i) of clause 33, Accommodation and Amenities, and insert in lieu
thereof the following:
(i) The minimum
standards set out in the Occupational Health and Safety Regulation 2001 shall
be met in the provision of amenities to employees.
8. Renumber
clause 37, Area, Incidence and Duration, to read as clause 38 and insert the
following new clause 37.
37. Reasonable Hours
(i) Subject to
sub-clause (ii) an employer may require an employee to work reasonable overtime
at overtime rates or as otherwise provided for in this award.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of sub-clause (ii) what is reasonable or other wise will be determined
having regard to:
(a) any risk to
employee health and safety.
(b) The employee’s
personal circumstances including any family and carer responsibilities.
(c) The needs of
the workplace or enterprise.
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) Any other
relevant matter.
9. Delete
paragraph (g), of subclause (ii), of clause 37, Area, Incidence and Duration,
and insert in lieu thereof the following:
(g) and to all persons
employed by or in or in connection with such nursing homes, residential centres
for the aged/aged care hostels and retirement villages, specified in (a), (b),
(c), (d), (e) and (f) above, who come within the constitution rule of the
Health Services Union; in the State, excluding the County of Yancowinna.
10. The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of NSW on 28 April
1999 (310 I.G. 359) and take effect on 13 February 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
P. J. CONNOR, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.