AGED CARE INDUSTRY BROKEN HILL AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 3859 of 2004)
|
Before Mr Deputy
President Sams
|
26 July 2004
|
REVIEWED AWARD
1. Delete clause
1, Arrangement, of the award published 20 July 2001 (326 I.G. 255) an insert in
lieu thereof the following:
1. Arrangement
Clause No. Subject Matter
32. Accommodation
and Amenities
11. Allowances
for Special Working Conditions
30. Anti-Discrimination
13. Annual
Leave
14. Annual
Leave Loading
36. Area,
Incidence and Duration
1. Arrangement
24. Attendance
at Meetings and Fire Drills
19. Compassionate
Leave
2. Definitions
27. Emergency
Telephone Calls
23. Grievance
and Dispute Resolution Procedures
21. Higher
Duties
5. Hours of
Work
25. Labour
Flexibility and Mixed Functions
35. Leave
Reserved
15. Long
Service Leave
8. Meals
& Tea Breaks
37. No Extra
Claims Commitment
31. Notice
Board
9. Overtime
18. Parental
Leave
4. Payment
and Particulars of Wages
10. Penalty
Rates and Shift Allowances
17. Personal/Carers’
Leave
6. Probationary
Employees
26. Promotions
and Appointments
12. Public
Holidays
34. Reasonable
Hours
29. Redundancy
7. Roster of
Hours
33. Salary
Packaging
16. Sick Leave
20. Superannuation
28. Termination
of Employment
22. Uniforms
and Protective Clothing
3. Wages
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Allowances
2. Renumber clause
33, Leave Reserved to read as clause 35, and insert in lieu thereof the
following:
33. Salary Packaging
(i) Where agreed
between the employer and a full-time or part-time employee, an employer may
offer salary packaging in respect of salary. Neither the employer nor the
employee may be compelled to enter into a salary packaging agreement.
(ii) Salary
packaging shall mean that the employee will have part of their salary packaged
into a fringe benefit which does not constitute a direct payment to the
employee but is payable to a bona fide third party.
(iii) The terms and
conditions of such a package shall not, when viewed objectively, be less
favourable than the entitlements otherwise available under this award and shall
be subject to the following provisions:
(a) the employer
shall ensure that the structure of any agreed remuneration package complies
with taxation and other relevant legislation;
(b) where there is
an agreement to salary package, the agreement shall be in writing and made
available to the employee;
(c) the employee
shall have access to details of the payments and transactions made on their
behalf. Where such details are maintained electronically, the employee shall be
provided with a printout of the relevant information;
(d) the employer
has the right to vary or withdraw from a salary packaging agreement and or
withdraw from offering salary packaging in the event of changes to the
operation of legislation that are detrimental to, or increase the costs of,
salary packaging arrangements;
(e) prior to
entering into any salary packaging agreements, the employee will be given the
opportunity by the employer to seek independent advice in respect of salary
package arrangements including advice from the union;
(f) in the event
that the employer withdraws from a salary packaging agreement, the individual
employee’s salary will revert to whichever is the higher of:
(i) the ordinary
time rate of pay that applied to the employee prior to the commencement of the salary
packaging agreement; or
(ii) the
applicable rate specified in Table 1, Rates of Pay of this Award.
(g) notwithstanding
any of the above arrangements, the employer or employee may cancel any salary
packaging agreements by the giving of one month’s notice of cancellation to the
other party;
(h) Superannuation
Guarantee Contributions will be calculated with reference to the ordinary time
rate of pay the employee would have been entitled to receive but for the salary
packaging arrangement;
(i) any
allowance, penalty rates, overtime, payment for unused leave entitlements shall
be calculated by reference to the ordinary time rate of pay which would have
applied to the employee but for the salary packaging arrangements;
(j) unless there
is agreement between the employer and the employee to the contrary, all salary
packaging arrangements shall cease during any period of leave without pay,
including periods of unpaid sick leave.
3. Renumber
clause 34, Area, Incidence and Duration to read as clause 36, and insert in
lieu thereof the following:
34. Reasonable Hours
(i) Subject to
sub-clause (ii) an employer may require an employee to work reasonable overtime
at overtime rates.
(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
intentions to refuse it; and
(e) any other
relevant matter.
4. Delete
subclauses (a) and (c), of clause 34, Area, Incidence and Duration, and insert
in lieu thereof the following:
(a) This consent
award is between the Aged & Community Services Association of NSW & ACT
Inc. and Broken Hill Town Employees' Union.
(c) This award is
made following a review under section 19 of the Industrial Relations Act 1996.
This Award rescinds and replaces the Aged Care Industry Broken Hill
Award published 14 November 1997 (302 IG. 191) as varied.
(i) 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 8 August 2004.
(ii) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
5. Renumber
clause 35, No Extra Claims Commitment to read as clause 37.
P. J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.