PRIVATE HOSPITAL INDUSTRY 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 1770 of 2004)
|
Before Mr Deputy President
Grayson
|
9 June 2004
|
REVIEWED AWARD
1. Delete clause
2, No Extra Claims, of clause 1, Arrangement of the award published 24 August
2001 (327 I.G. 1), and renumber accordingly:
1. Arrangement
Clause No. Subject Matter
23. Annual Leave
and Public Holidays
24. Annual
Leave Loading
43. Anti-Discrimination
1. Arrangement
45. Area,
Incidence and Duration
41. Attendance
at Meetings and Fire Drills
11. Average
Occupied Beds
38. Award
Benefits to be Continuous
5. Banking
of Hours
27. Compassionate
Leave
2. Definitions
32. Deputy
Director of Nursing, Assistant Directors of Nursing
35. Domestic
Work
31. Escort
Duty
40. Exemptions
14. Fares and
Expenses
17. Higher
Grade Duty
4. Hours of
Work and Free Time of Directors of Nursing
3. Hours of
Work and Free Time of Employees Other Than Directors of Nursing
36. Labour
Flexibility
44. Leave
Reserved
26. Long
Service Leave
34. Medical
Examination of Nurses
18. Overtime
22. Part-time,
Casual and Temporary Employees
19. Payment and
Particulars of Salaries
13. Penalty
Rates for Shift Work and Weekend Work
7. Pilot
Roster Projects
33. Proportion
10. Recognition
of Service and Experience
21. Registration
or Enrolment Pending
20. Remuneration
Packaging
42. Resolution
of Disputes
39. Right of
Entry
6. Rosters
8. Salaries
25. Sick Leave
12. Special
Allowances
30. Special
Provisions Relating to Trainee Enrolled Nurses
29. Staff
Amenities
28. State
Personal/Carer’s Leave
15. Telephone
Allowance
37. Termination
of Employment
9. Transitional
Arrangements - Registered Nurse Incremental Scale
16. Uniforms
and Laundry Allowances
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates
and Allowances
2. Delete clause
2, No Extra Claims, and renumber remaining clauses to reflect the Arrangement.
3. Delete the
words "Clause 9" in paragraph (a) of subclause (xix) of clause 2,
Definitions, and insert in lieu thereof the following:
Clause 8
4. Delete the
words "Clause 7" in subclause (vi) of clause 3, Hours of Work and
Free Time of Employees Other than Directors of Nursing, and insert in lieu
thereof the following:
Clause 6
5. Delete the
words "Clause 13" in paragraph (a) of subclause (xv) of clause 3,
Hours of Work and Free Time of Employees Other than Directors of Nursing, and
insert in lieu thereof the following:
Clause 12
6. Delete the
words "Clause 4" in subclause (vii) of clause 6, Rosters, and insert
in lieu thereof the following:
Clause 3
7. Delete the
words "Clause 9" in subclause (v) of clause 9, Transitional Arrangements
- Registered Nurse Incremental Scale, and insert in lieu thereof the following:
Clause 8
8. Delete the
words "Clause 3" in subclause (ii) of clause 10, Recognition of
Service and Experience, and insert in lieu thereof the following:
Clause 2
9. Delete the
words "Clause 4" in paragraph (b) of subclause (ii) of clause 12,
Special Allowances, and insert in lieu thereof the following:
Clause 3
10. Delete the
word "remote" in paragraph (d) of subclause (ii) of clause 12,
Special Allowances.
11. Delete the
words "Clause 9, Salaries; and Clause 13 Special Allowances" in
subclause (ii) of clause 13, Penalty Rates for Shift Work and Weekend Work, and
insert in lieu thereof the following:
Clause 8, Salaries; and Clause 12 Special Allowances
12. Delete the
words "Clause 5" in subclause (iii) of clause 17, Higher Grade Duty,
and insert in lieu thereof the following:
Clause 4
13. Delete clause
18, Overtime, and insert in lieu thereof the following:
18. Overtime
(i) Subject to subclause
(ii) an employer may require an employee to work reasonable overtime.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of subclause (ii) what is unreasonable or otherwise will be determined
having regard to:
(a) the risk to
the employee’s health and safety;
(b) the employee’s
personal circumstances including any family and carer responsibilities;
(c) the needs of
the facility;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other
relevant matter.
(iv)
(a) Subject to
paragraph (b) hereof all time worked by employees other than Directors of
Nursing in excess of the rostered daily ordinary hours of work shall be
overtime and shall be paid for at the rate of time and one half for the first
two hours and double time thereafter in respect of each overtime shift worked
or in respect of overtime worked prior to or at the conclusion of a normal
shift. Provided that overtime worked on
Sundays shall be paid for at the rate of double time and on public holidays at
the rate of double time and one half.
(b) All time
worked by permanent part time employees, in excess of the rostered daily
ordinary hours of work prescribed for the majority of full-time employees
employed on that shift in the ward or section concerned shall be paid for at
the rate of time and one half for the first two hours and double time
thereafter except that on Sundays such overtime shall be paid for at the rate
of double time and on public holidays at the rate of double time and one half.
Time worked up to the rostered daily ordinary hours of
work prescribed for a majority of the full-time employees employed on that
shift in the ward or section concerned 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.
(v) The ordinary
hours of work for Directors of Nursing shall be thirty eight hours per week and
shall not, without payment of overtime at the rate of time and one half,
exceed:
(a) 43 hours in
any week; or
(b) 86 hours in
any fortnight; or
(c) 129 hours in any
twenty one consecutive days; or
(d) 172 hours in
any twenty eight consecutive days.
(vi) An employee
recalled to work overtime after leaving the employer's premises shall be paid
for a minimum of four hours work at the appropriate rate for each time so
recalled. If the work required is
completed in less than four hours, the employee shall be released from duty
provided that this subclause does not apply to a Director of Nursing.
(vii) An employee
required to work overtime following on the completion of their normal shift for
more than two hours shall be allowed twenty minutes for the partaking of a meal
and a further twenty minutes after each subsequent four hours overtime. All such time shall be counted as time
worked; provided that benefits of this subclause shall not apply to permanent
part time employees, until the expiration of the normal shift for a majority of
the full-time employees employed on that shift in the ward or section
concerned.
(viii) An employee
recalled to work overtime after leaving the employer's premises and who is
required to work for more than four hours shall be allowed twenty minutes for
the partaking of a meal and a further twenty minutes after each subsequent four
hour's overtime; all such time shall be counted as time worked.
(ix) The meals
referred to in subclauses (vii) and (viii) of this clause shall be allowed to
the employee free of charge. Where the
hospital is unable to provide such meals, an allowance per meal of the sum set
out in Item 17 Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,
shall be paid to the employee concerned.
(x) Where an
employee is required to work an overtime shift on his or her rostered day off,
the appropriate meal breaks for that shift, as prescribed by Clause 3, Hours of
Work and Free Time of Employees other than Directors of Nursing, shall apply.
(xi) If an employee
is recalled to duty during a meal break, they shall be paid at overtime rates
for the total period of the meal break.
(xii) An employee
who works so much overtime:
(a) between the
termination of their ordinary work on any day or shift and the commencement of
their ordinary work on the next day or shift that they have not had at least
eight consecutive hours off duty between these times; or
(b) on a Saturday,
a Sunday and a holiday, not being ordinary working days, or on a rostered day
off without having had eight consecutive hours off duty in the twenty-four
hours preceding their next day or shift; shall subject to this subclause, be
released after completion of such overtime until they have had eight
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence. If on
the instruction of the employer such an employee resumes or continues to work
without having such eight consecutive hours off duty they shall be paid at
double time of the appropriate rate applicable on such day until they are
released from duty for such period and they then shall be entitled to be absent
until they have had eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
(xiii) In lieu of
receiving payment for overtime in accordance with this clause, employees may be
compensated by way of time off in lieu of overtime on the following basis:
(a) Time off in
lieu of overtime must be taken within four months of it being accrued at
ordinary rates.
(b) Where it is
not possible for a nurse to take the time off in lieu of overtime within the four
month period, it is to be paid out at the appropriate overtime rate based on
the rates of pay applying at the time payment is made.
(c) Nurses cannot
be compelled to take time off in lieu of overtime.
(d) Records of all
time off in lieu of overtime owing to nurses and taken by nurses must be
maintained by the employer.
14. Delete
subclause (ii) of Part I - Permanent Part-time Employees of clause 22,
Part-time, Casual and Temporary Employees, and insert in lieu thereof the
following:
(ii) Permanent part
time employees shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed by Clause 8, Salaries, of this
award and, where applicable, one thirty-eighth of the appropriate allowance or
allowances prescribed by Clause 12, 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 16, Uniform and Laundry Allowances
of this award, but shall not be entitled to an additional day off or part
thereof, as prescribed by subclauses (iii) and (v) of Clause 3, Hours of Work
and Free Time of Employees Other Than Directors of Nursing.
15. Delete the
words "Part 1" in subclause (iii) of Part I - Permanent Part-time
Employees of clause 22, Part-Time, Casual and Temporary Employees, and insert
in lieu thereof the following:
Part
16. Delete
subclauses (ii) and (iii) of Part II - Casual Employees of clause 22,
Part-time, Casual and Temporary Employees, and insert in lieu thereof the
following:
(ii) A casual
employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate, prescribed by Clause 8, Salaries, of
this award and where applicable one thirty-eighth of the appropriate allowance
or allowances prescribed by Clause 12, Special Allowances, of this award plus
10 per centum thereof, with a minimum payment of 2 hours for each start, and
one thirty-eighth of the appropriate allowances prescribed by Clause 16,
Uniform and laundry Allowances, of this award.
(iii) With respect
to a casual employee the provisions of Clause 32, Deputy Director of Nursing,
Assistant Director of Nursing; Clause 4, Hours of Work and Free Time of
Directors of Nursing; Clause 6, Rosters; Clause 18, Overtime; Clause 30,
Special Provisions Relating to Trainee Enrolled Nurses; Clause 23, Annual Leave
and Public Holidays and Clause 14, Fares and Expenses of this award, shall not
apply. Further, casual employees shall
not be entitled to an additional day off or part thereof as prescribed by
subclauses (iii) and (v) of Clause 3, Hours of Work and Free Time of Employees
Other Than Directors of Nursing.
17. Delete the
words "Clause 9" in subclause (ii) of Part III - Temporary Employees
of clause 22, Part-Time, Casual and Temporary Employees, and insert in lieu
thereof the following:
Clause 8
18. Delete
paragraph (a) of subclause (i) of clause 23, Annual Leave and Public Holidays,
and insert in lieu thereof the following:
(a) Employees
required to work on a seven (7) day basis - six (6) weeks annual leave.
19. Delete the
words "Clause 3" in paragraph (d) of subclause (ii) of clause 23,
Annual Leave and Public Holidays, and insert in lieu thereof the following:
Clause 2
20. Delete the
words "Clause 4" in paragraph (b) of subclause (v) of clause 23,
Annual Leave and Public Holidays, and insert in lieu thereof the following:
Clause 3
21. Delete clause
24, Annual Leave Loading, and insert in lieu thereof the following:
24. Annual Leave
Loading
(i) Before an
employee is given and takes an annual holiday, or where by agreement between
the employer and the employee the annual holiday is given and taken in more
than one separate period, then before each of such separate periods the
employer shall pay the employee a loading determined in accordance with this
clause.
(ii) The loading
is payable in addition to the pay for the period of holiday given and taken due
to the employee under subclauses (i)(b) and (ii)(c) of Clause 23, Annual leave
and Public Holidays, of this award, or in the case of part-time employees for
the period of holiday given and taken and due to the employee in accordance
with the provisions of the Annual Holidays Act 1944.
(iii) The loading
is to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled since 31 December 1973 and which
commences on or after 11 July 1974 or, where such a holiday is given and taken
in separate periods, then in relation to each such separate period.
(iv) The loading is
the amount payable for the period or the separate periods, as the case may be,
stated in subclause (iii) of the rate per week of 17½% of the appropriate
ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
by the employee's annual holiday together with any allowances prescribed by
subclause (iii) of Clause 12, Special Allowances, of this award.
(v) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when he would have become entitled under the said Clause 23 to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (iv) of this
clause applying the award rates and wages payable on that day. This subclause
applies where an annual holiday has been taken wholly or partly in advance
after 31 December 1973 and the entitlement to the holiday arises on or after 11
July 1974.
(vi)
(a) When the
employment of an employee is terminated by his employer after 11 July 1974 for
a cause other than misconduct, and at the time of termination the employee has
not been given and has not taken the whole of an annual holiday to which he
became entitled after 31 December 1973, he shall be paid a loading calculated
in accordance with subclause (iv) of the period not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on the
termination of an employee's employment.
(vii) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if the employee had not been on holidays;
provided that, if the amount to which the employee would have been entitled by
way of shift work allowances and weekend penalty rates to the ordinary time
(not including time on a public or special holiday) which the employee would
have worked during the period of the holiday exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
22. Delete the
words "Clause 14" in paragraph (b) of subclause (i) of clause 25,
Sick Leave, and insert in lieu thereof the following:
Clause 13
23. Delete the
words "Case - August 1996," in paragraph (iii) of subclause (c) of
clause 27, Compassionate Leave.
24. Delete the
title of clause 28, State Personal/Carer's Leave, and insert in lieu thereof the
following:
28. Personal/Carer's
Leave
25. Delete the
words "Clause 19" in paragraph (a) of subclause (4) of clause 28,
Personal/Carer's Leave, and insert in lieu thereof the following:
Clause 18
26. Delete the
words "Clause 9" in subclause (ii) of clause 30, Special Provisions
Relating To Trainee Enrolled Nurses, and insert in lieu thereof the following:
Clause 8
27. Delete the
words "Clause 9" in subclause (ii) of clause 37, Termination of
Employment, and insert in lieu thereof the following:
Clause 8
28. Delete the
words "Clause 4" in subclause (iv) of clause 37, Termination of
Employment, and insert in lieu thereof the following:
Clause 3
29. Delete the
words "Clause 9, Salaries, and Clause 13, Special Allowances" in
subclause (iii) of clause 41, Attendance at Meetings and Fire Drills, and
insert in lieu thereof the following:
Clause 8, Salaries, and Clause 12, Special Allowances
30. Delete
subclauses (ii) and (v) of clause 45, Area, Incidence and Duration, and insert in
lieu thereof the following:
(ii) It rescinds
and replaces the Private Hospital Industry Nurses’ (State) Award published 13
October 2000 (319 IG. 245) as varied.
(v) 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 9 June 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
31. Delete Table 2
- Other Rates and Allowances of Part B Monetary Rates, and insert in lieu
thereof the following:
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
Column 1
|
|
No.
|
No.
|
|
$
|
|
1
|
12(i)(a)
|
In charge of hospital
|
18.06 per shift
|
|
2
|
12(i)(b)
|
In charge of ward/unit in absence of NUM
|
18.06 per shift
|
|
3
|
12(ii)(a)
|
On call
|
16.23 per 24 hrs
|
|
|
|
|
or part thereof
|
|
4
|
12(ii)(b)
|
On call on rostered days off
|
32.06 per 24 hrs
|
|
|
|
|
or part thereof
|
|
5
|
12(ii)(c)
|
On call during meal break
|
9.10 per break
|
|
6
|
12(iii)(a)
|
Radiographic allowance DON
|
25.78 per week
|
|
7
|
12(iii)(c)
|
Radiographic allowance in absence of DON
|
5.26 per day
|
|
8
|
12(iii)(c)
|
Radiographic allowance maximum
|
25.78 per week
|
|
9
|
12(iv)
|
Lead apron allowance
|
1.28 per hour or
|
|
|
|
|
part thereof
|
|
10
|
12(v)(a)
|
In charge of ward/unit and hospital
|
27.06 per shift
|
|
11
|
16(iii)(a)
|
Uniforms
|
5.02 per week
|
|
12
|
16(iii)(a)
|
Shoes
|
1.55 per week
|
|
13
|
16(iii)(b)
|
Stockings
|
2.60 per week
|
|
14
|
16(iii)(c)
|
Cardigan or jacket
|
1.51 per week
|
|
15
|
16(iv)(d)
|
Laundry
|
4.18 per week
|
|
16
|
16(vi)(f)
|
Socks
|
0.51 per week
|
|
17
|
18(vii)
|
Meal on overtime
|
13.71 per meal
|
|
18
|
29(a)(3)
|
Breakfast
|
2.80 per meal
|
|
19
|
29(a)(3)
|
Other meals
|
5.08 per meal
|
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.