CATHOLIC HEALTH CARE SERVICES NURSES' ENTERPRISE (STATE) AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4534 of 2004)
Before Mr Deputy
President Grayson
|
23 November 2004
|
REVIEWED AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. No Extra
Claims
3. Definitions
4. Hours of
Work and Free Time of Employees Other Than Directors of Nursing
5. Hours of
Work and Free Time of Directors of Nursing
6. Banking
of Hours
7. Rosters
8. Pilot
Roster Projects
9. Salaries
10. Transitional
Arrangements - Registered Nurse Incremental Scale
11. Recognition
of Service and Experience
12. Average
Occupied Beds
13. Special
Allowances
14. Penalty
Rates for Shift Work and Weekend Work
15. Fares and
Expenses
16. Telephone
Allowance
17. Uniforms
and Laundry Allowances
18. Higher
Grade Duty
19. Overtime
20. Remuneration
Packaging
21. Payment
and Particulars of Salaries
22. Registration
or Enrolment Pending
23. Part-time,
Casual and Temporary Employees
24. Annual
Leave and Public Holidays
25. Annual
Leave Loading
26. Sick Leave
27. Long
Service Leave
28. Compassionate
Leave
29. State
Personal/Carer’s Leave
30. Parental Leave
31. Learning
& Development Leave
32. Staff
Amenities
33. Special
Provisions Relating to Trainee Enrolled Nurses
34. Escort
Duty
35. Deputy
Director of Nursing, Assistant Director of Nursing
36. Proportion
37. Medical
Examination of Nurses
38. Domestic
Work
39. Branch
Officials
40. Labour
Flexibility
41. Termination
of Employment
42. Award
Benefits to be Continuous
43. Right of
Entry
45. Attendance
at Meetings and Fire Drills
46. Resolution
of Disputes
47. Anti-Discrimination
48. Enterprise
Arrangements
49. Leave
Reserved
50. Workplace
Consultative Committee
51. Relationship
to Awards
52. Area,
Incidence and Duration
PART B MONETARY RATES
Table 1 - Monetary
Rates
Table 2 - Other Rates
and Allowances
2. No Extra Claims
It is a term of this Award that the Association undertakes,
until 30 June 2003, not to pursue any extra claims, award or over award, except
where consistent with the current wage-fixation principles or Clause 49 Leave
Reserved.
3. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have the respective meanings
assigned to them:
(i) "Industry
of Nursing" means the industry of persons engaged in New South Wales in
the profession of nursing in private hospitals and/or aged care facilities.
(ii) "Hospital"
means a private hospital as defined by the Private Hospitals and Day
Procedure Centres Act 1988.
(iii) "Aged
Care Facilities" means a nursing home or hostel as defined in the Nursing
Homes Act 1988 or Aged and Disabled Persons Care Act 1954
(iv) "Health
Care facility" means hospital and/or aged care facility as defined herein.
(v) "Board"
means the Nurses' Registration Board of New South Wales.
(vi) "Trainee
Enrolled Nurse" means a person who is being trained to become an enrolled
nurse in a hospital approved for this purpose by the Board.
(vii) "Assistant
in Nursing" means a person, other than a registered nurse, student nurse,
trainee enrolled nurse, or enrolled nurse, who is employed in nursing duties.
(viii) "Enrolled
Nurse" means a person enrolled by the Board as such.
(ix) "Enrolled
Nurse - Special Grade" means an enrolled nurse, with an Advanced
Certificate qualification and a minimum of six years full time equivalent post
enrolment experience, including three years full time equivalent experience in
the relevant clinical area. Such a nurse is appointed to a position established
by the employer, which satisfies the criteria as agreed between the Association
and the employer from time to time.
(x) "Salary
Packaging" refers to the packaging of an employee’s salary to provide for
the payment of fringe benefits to reduce the total employment cost of the
employee. The calculation is based on the employee’s gross income immediately
prior to the commencement of this Award.
(xi) "Clinical
Nurse Specialist" means a registered nurse with relevant post-basic
qualifications and 12 months’ experience working in the clinical area of
his/her specified post-basic qualification, or a minimum of four years’ post-basic
registration experience, including three years’ experience in the relevant
specialist field and who satisfies the local criteria.
(xii) "Nursing
Unit Manager" means a registered nurse in charge of a ward or unit or
group of wards or units shall include:
"Nursing Unit Manager Level 1" whose
responsibilities include:
(a) Co-ordination
of Patient Services
Liaison with all health care disciplines for the
provision of services to meet patient needs.
The orchestration of services to meet patient needs
after discharge.
Monitoring catering and transport services.
(b) Unit
Management
Implementation of employer policy.
Dissemination of information to all personnel.
Ensuring environmental safety.
Monitoring the use and maintenance of equipment.
Monitoring the supply and use of stock and supplies.
Monitoring cleaning services.
(c) Nursing Staff
Management
Direction, co-ordination and supervision of nursing
activities.
Training, appraisal and counselling of nursing staff.
Rostering and/or allocation of nursing staff.
Development and/or implementation of new nursing
practice according to patient need.
"Nursing Unit Manager Level 2" whose responsibilities
in relation to patient services, ward or unit management and staff management
are in excess of those of a Nursing Unit Manager Level 1.
"Nursing Unit Manager Level 3" whose
responsibilities in relation to patient services ward or unit management and
staff are in excess of those of a Nursing Unit Manager Level 2.
(xiii) "Clinical
Nurse Educator" means a registered nurse with relevant post registration
certificate qualifications or experience deemed appropriate by the employer,
who is required to implement and evaluate educational programmes at the
ward/unit level.
The Clinical Nurse Educator shall cater for the
delivery of clinical nurse education in the ward/unit level only.
A nurse will achieve Clinical Nurse Educator status on
a personal basis by being required by the employer to provide the educational
programmes detailed above.
Nothing in this clause shall affect the role carried
out by the Clinical Nurse Specialist as a specialist resource and the Clinical
Nurse Consultant in the primary role of clinical consulting, researching etc.
(xiv) "Nurse
Educator" means a registered nurse with a post registration certificate,
who has relevant experience or other qualifications, deemed appropriate by the
employer who is appointed to a position of Nurse Educator.
A Nurse Educator shall be responsible for the
development, implementation and delivery of nursing education programmes within
a health or aged care facility or group of facilities. Nurse education
programmes shall mean courses conducted such as post registration certificates,
continuing nurse education, new graduate orientation, post registration
enrolled nurses courses and where applicable general staff development courses.
A person appointed to a position of Nurse Educator who
holds relevant tertiary qualification in education or tertiary postgraduate
specialist clinical nursing qualifications shall commence on the 3rd year rate
of the salary scale.
A person appointed as the sole nurse educator for a
health or aged care facility or group of facilities shall be paid at the 3rd
year rate of the salary scale.
Incremental progression for Nurse Educators' shall be
on completion of 12 months' satisfactory service subject that progression shall
not be beyond the 3rd year rate unless the person possesses the qualifications
detailed in the two previous paragraphs. Persons appointed to the 3rd year rate
by virtue of paragraphs 3 and 4 above shall progress to the 4th year rate after
completion of 12 months' satisfactory full time service.
(xv) "Senior
Nurse Educator" means a registered nurse with a post registration
certificate or appropriate qualifications, who has, or is working towards
recognised tertiary qualifications in education or equivalent and has
demonstrated experience and skills in the field of education appointed to a
position of Senior Nurse Educator.
A Senior Nurse Educator shall be responsible for one or
more Nurse Educators in the planning, co-ordination, delivery, and evaluation
of educational programmes such as post registration certificate courses,
continuing nurse education, new graduate orientation, post registration
enrolled nurses courses and where applicable general staff development courses
either on a health or aged care facility or group of health care facilities basis.
Incremental progression shall be on completion of 12
months' satisfactory service.
(xvi) "Clinical
Nurse Consultant Grade 1" means a registered nurse appointed as such to
the position of, whose had at least five years post-basic registration
experience and who has in addition approved post-basic nursing qualifications
relevant to the field in which they are appointed or such other qualifications
or experience deemed appropriate by the employer.
"Clinical Nurse Consultant Grade 2" means: a registered
nurse appointed as such to a position , who has at least 5 years full time
equivalent post registration experience, with at least 3 years full time
equivalent experience in the specialty field. In addition the nurse must have
approved postgraduate nursing qualifications relevant to the field in which
he/she is appointed or such other qualifications or experience deemed
appropriate by the employer. An employer may also require a higher
qualification in the specialist nursing field where such a qualification is
considered essential for the performance of the individual position.
"Clinical Nurse Consultant Grade 3" means: a
registered nurse appointed as such to a position, who has at least 7 years full
time equivalent post registration experience, with at least 5 years full time
equivalent experience in the specialty field. In addition the nurse must have
approved postgraduate nursing qualifications relevant to the field in which
he/she is appointed or such other qualifications or experience deemed appropriate
by the employer. An employer may also require a higher qualification in the
specialist nursing field where such a qualification is considered essential for
the performance of the individual position.
(xvii) "Assistant
Director of Nursing" means:
(a) A person
appointed as such in a health or aged care facility where the adjusted daily
average of occupied beds is not less than 150 and includes a person appointed
as the nurse in charge during the evening or night in a health or aged care
facility where the adjusted daily average of occupied beds is not less than
150.
(b) A person
appointed to be a registered nurse in charge of all theatres in a hospital
having four or more major theatres in regular use.
(c) A person
appointed as such to a position approved by the employer including persons
appointed to be in charge of the administration of a group of wards or
department of a health or aged care facility including a community nursing
department.
(xviii) "Day
Worker" means a worker who works their ordinary hours from Monday to
Friday inclusive and who commences work on such days at or after 6.00 am and
before 10.00 am otherwise than as part of the shift system.
(xix) "Deputy
Director of Nursing" means a person appointed to that position or deemed to
hold that position pursuant to Clause 35, Deputy Director of Nursing and
Assistant Director of Nursing, of this award.
(xx) "Director
of Nursing" means a registered nurse who is registered by their employer
with the Health Administration Corporation of New South Wales as the person in
charge of the health or aged care facility. There shall be only one person in
each hospital entitled to be classified as Director of Nursing or whatever
title the Senior Nursing Administrator is known by in individual health or aged
care facility.
(xxi) "Experience"
in relation to a trainee enrolled nurse, enrolled nurse, or assistant in
nursing means experience before and/or after the commencement of this award
whether within New South Wales or elsewhere and in the case of a trainee
enrolled nurse, enrolled nurse or assistance in nursing who was formerly a
student nurse includes experience as such student nurse.
For the purpose of determining the year of experience
for part time or casual employment a year of experience shall be 1976 hours of
employment, including all periods of paid leave.
(xxii)
(a) "Service"
for the purpose of Clause 9, Salaries, means service before or after the
commencement of this award in New South Wales or elsewhere as a registered
nurse, provided that all service recognised prior to the commencement of this
award shall continue to be recognised.
(b) To the
foregoing shall be added any actual periods on and from January 1971 during
which a registered nurse undertook a post-basic course whilst an employee of
and rendering service in an institution or hospital and such course is
recognised by the Board or acceptable to the Health Administration Corporation
of New South Wales, or is one of the following certificate or diploma courses:
Associate Diploma in Community Health - College of
Nursing, Australia; NSW College of Nursing.
Associate Diploma in Nursing Administration - College
of Nursing, Australia; NSW College of Nursing.
Associate Diploma in Nursing Education - College of
Nursing, Australia; NSW College of Nursing; Newcastle College of Advanced
Education.
Certificate in Operating Theatre Management - NSW
College of Nursing, Australia.
Certificate in Operating Theatre Technique - College of
Nursing, Australia.
Certificate in Coronary Care - NSW College of Nursing.
Certificate in Orthopaedic Nursing - NSW College of
Nursing.
Certificate in Ward Management - NSW College of
Nursing.
Midwife Tutor Diploma - College of Nursing, Australia,
or Central Midwives Board, London.
Occupational Health Nursing Certificate - NSW College
of Nursing.
Provided that no more than three such courses shall
count as service.
A reference to the New South Wales College of Nursing
in this award shall be deemed to be a reference also to the School of Nursing
Studies, Cumberland College of Health Sciences.
(c) For the
purpose of determining the year of service for part time or casual employment a
year of service shall be 1976 hours of employment, including all periods of
paid leave.
(xxiii) "Shift
Worker" means a worker who is not a day worker as defined.
(xxiv) "Association"
means the New South Wales Nurses' Association.
4. Hours of Work and
Free Time of Employees Other Than Directors of Nursing
(i) The ordinary hours
of work for day workers, other than Directors of Nursing, exclusive of meal
times, shall be 152 hours per 28 calendar days to be worked Monday to Friday
inclusive and to commence on such days at or after 6.00 am and before 10.00 am.
(ii) The ordinary
hours of work for shift workers, other than Directors of Nursing, exclusive of
meal times, shall not exceed an average of 38 hours per week in each roster
cycle.
(iii)
(a) The hours of
work prescribed in subclauses (i) and (ii) of this clause shall, where
possible, be arranged in such a manner, that in each roster cycle of 28
calendar days each employee shall not work their ordinary hours or work on more
than nineteen days in the cycle, but this shall not apply to students in block.
(b) Notwithstanding
the provision of paragraph (a) of this subclause, employees may, with the
agreement of the employer work shifts of less than 8 hours each over 20 days in
each cycle of 28 days.
(c) Provided that
on the occasion of an employee's written request, and with the consent of the
employer, a 9.5 day fortnight may be worked instead of the 19-day month.
(iv) Except where
authorised by subclause (xix) of this clause, each shift shall consist of no
more than 10 hours on a day shift or 11 hours on a night shift with not less
than 8 hours break between each shift; provided that an employee shall not work
more than 7 consecutive shifts unless the employee so requests and the Director
of Nursing agrees. An employee shall
not work more than two (2) quick shifts in any period of 7 days.
A quick shift is an evening shift which is followed by
a morning shift.
(v) The employer
is to decide when employees take their additional days off duty prescribed by
subclause (iii) of this clause (as a consequence of the implementation of the
38 hour week). Where necessary the employer must consult with the affected
employees to ascertain the employees’ preferences and must take any such
preferences into account when arriving at a decision. Where practicable
additional days off duty shall be consecutive with the rostered days off duty
prescribed in subclause (xiv) of this clause.
(vi) Once set, the
additional days off may not be changed except in accordance with the provisions
of Clause 7, Rosters.
(vii) Where the
employer’s decision (in accordance with subclause (v) of this clause) is that
an employee’s additional days off be accumulated, no more than 6 days may be
accumulated in any one-year of employment. By mutual agreement this may be
extended to no more than 12 days at any one time.
(viii) Except for
breaks for meals the hours of duty each day shall be continuous. Provided, that
in the case of permanent part-time employees, the employer may apply to the New
South Wales Nurses' Association for an exemption from this provision, and from
subclause (iv) of this clause with regard to the span of hours only, to enable
an additional break of no more than 4 hours.
In any event, the span of hours shall not exceed 12 hours.
(ix)
(a) Each employee shall
be allowed a break of not less than thirty minutes and not more than sixty
minutes for each meal occurring on duty.
(b) Where
practicable, employees shall not be required to work more than 5 hours without
a meal break. Provided that where practicable an employee engaged to work for 5
hours or less in any one shift may elect not to take a meal break as otherwise
provided for by this subclause without penalty to the employer. The term where
practicable' encompasses regard being paid to the service requirements of the
employer.
(x) Two separate
ten-minute intervals (in addition to meal breaks) shall be allowed each
employee on duty during each ordinary shift of 8 or 10 hours as the case may
be. Subject to agreement between the
employer and the employee, such intervals may alternatively be taken as one
twenty-minute interval, or by one 10-minute interval with the employee allowed
to proceed off duty 10 minutes before the completion of the normal shift
finishing time. Such interval(s) shall
count as working time.
(xi)
(a) Subclauses
(ix) and (x) of this clause shall not apply to an employee who, before going on
night duty, is provided with a meal between 9.00 pm and 11.00 pm and who is
allowed two intervals of twenty minutes each during the period of night duty
but such intervals shall count as working time and shall be paid for as such.
(b) Where an
employee is required to change into a uniform or a specified type of garment at
the employer's premises they shall be allowed ten minutes for such a purpose
and such time shall be counted as working time and paid for as such.
(xii)
(a) Except as
provided for in paragraph (b) an employee shall not be employed on night duty
for a longer period than 8 consecutive weeks. After having served a period of
night duty an employee shall not be required to serve a further period on night
duty until they have been off night duty for a period equivalent to the
previous period on night duty.
(b) The provisions
of paragraph (a) shall not apply to an Assistant Director of Nursing, a Nursing
Unit Manager or a general nurse in charge, as the case may be, who is employed
permanently in charge at night nor to an employee who requests to be employed
on night duty and the Director of Nursing consents.
(c) Moreover
except in cases of emergency a trainee enrolled nurse shall not be employed on
night duty for more than 10 weeks in any one year of training nor shall a
trainee enrolled nurse who is sitting for his or her final examination be
required to perform night duty during a period of at least two weeks prior to
the respective examination or on the two nights following such examination.
(xiii) An employee
changing from night duty to day duty or from day duty to night duty shall be
free from duty during the twenty hours immediately preceding the commencement
of the changed day.
(xiv)
(a) Each employee
shall be free from duty for not less than two full days in each week or four
full days in each fortnight or eight full days in each twenty-eight (28) day
cycle and no duties shall be performed by the employee on any of such free days
except for overtime. Where practicable, days off shall be consecutive and shall
not be preceded by an evening shift or a night shift unless an additional eight
hours are granted as sleeping time. An evening shift shall be one which
commences at or after 1.00 pm and before 4.00 pm.
(b) An employee,
at her or his request, may be given free from duty time in one or more periods
but no period shall be less than one full day.
(c) For the purpose
of this subclause "full day" means from midnight to midnight or
midday to midday.
(xv)
(a) Employees may
be required to remain on call. Any such time on call shall not be counted as
time worked (except insofar as an employee may take up actual duty in response
to a call), but shall be paid for in accordance with Clause 13, Special
Allowances, of this award: Provided, however, no employee shall be required to
remain on call whilst on leave or on the day before entering upon leave.
(b) No employee shall
be required to remain on call whilst on a rostered day off nor on completion of
the shift on the day preceding a rostered day off. This provision shall not
apply where in special circumstances it is necessary for an employer to place
staff on call on rostered days off or on completion of the shift on the day
preceding a rostered day off in order to ensure the provision of services.
(xvi) All rostered
time off duty occupied by a trainee enrolled nurse in attendance at lectures
and demonstrations given in the course of instruction in the theory and
practice of nursing or during the time necessarily occupied in attending at and
sitting for prescribed examinations shall be deemed to be time worked.
(xvii) The employer
shall not alter the period over which the ordinary hours of work of employees
are balanced except upon giving one month's notice of their intention so to do
to the Industrial Registrar and to the Association.
(xviii) The provisions
of paragraphs (a) and (b) of subclause (xii) and of subclause (xiii) and of
paragraph (a) of subclause (xiv) of this clause, shall not apply if the
employee is required to perform duty to enable the nursing service of the
employer to be carried on or where another employee is absent from duty on
account of illness or in an emergency.
(xix) The following
criteria shall apply to the introduction of 12 hour shifts:
(a) 12 hour shifts
will only be introduced in units where there has been full consultation with
the staff affected and a majority of the staff affected agree to the
introduction of the proposed 12 hour shift system;
(b) any employee
who does not wish to work under the 12 hour shift system may work a mutually
agreed alternative shift system in the unit affected or may transfer to another
mutually agreed position within the facility with no loss of classification and
contracted hours;
(c) the span of
hours must not exceed 12.5 hours;
(d) there must be
a maximum of three consecutive night shifts which include one or more 12 hour
shifts;
(e) there must be
a minimum break of 11.5 hours rostered between each 12 hour shift;
(f) employees
must be allowed either two 30 minutes or one 60 minutes meal break. In addition
to the meal breaks employees must be allowed either two 10 minute or one 20
minute paid tea break;
(g) the employer
must notify the Association of the
implementation of the 12 hour shifts at least one month prior to commencing the
new arrangements. The details of that notification must indicate the number of
staff involved the section of the hospital involved and the award provisions
which need to be overridden.
(h) there must be
an evaluation process at the completion of the first 12 months, or sooner if
the employer and affected employees agree. The evaluation process must involve representatives
of employees and the employer. Aspects which are to be considered in the
evaluation process are to include occupational health and safety data, sick
leave patterns and the frequency of overtime.
(i) the
Association is to be notified of the outcome of the evaluation process;
(j) nothing
contained in this subclause shall prevent an individual employee and their
employer reaching mutual agreement to that individual working 12 hour shifts.
5. Hours of Work and
Free Time of Directors of Nursing
This clause does not apply to part-time employees.
(i) A Director of
Nursing shall be free from duty for not less than 9 days in each 28 consecutive
days and such days free from duty may be taken in one or more periods.
(ii) If any of the
days mentioned in subclause (i) of this clause cannot be taken by reason of
emergency, such day or days shall be given and taken within 28 days of becoming
due.
(iii) A Director of
Nursing shall, where practicable, inform his or her employer giving not less
than seven days' notice of the days he or she proposes to be free from duty;
provided that such days shall be subject to the approval of the employer, and
such approval shall not be unreasonably withheld.
6. Banking of Hours
(i) A full time
or part time employee may, by agreement made daily, weekly or fortnightly with
their NUM or DON:
(a) work less than
their daily, weekly or fortnightly rostered or contracted hours and work those
hours at a later date; or
(b) work more than
their daily, weekly or fortnightly rostered or contracted hours and take time
off in lieu of payment, or may set off the additional hours worked against any
owing pursuant to subclause (i) above.
(ii) An employee
who works less than their rostered or contracted hours shall be paid as if those
hours had been worked during the relevant period, including payment for any
weekend or shift penalties that would otherwise have been due for the time not
worked.
(iii) An employee
who works more than their rostered or contracted hours shall not receive
payment for any weekend or shift penalties that would otherwise have been due
for that extra time worked.
(iv) Time debited
or credited under these arrangements shall all be at ordinary time, i.e., an
hour for an hour.
(v) An employee may
not have more than 76 hours in debit or credit at any point in time.
(vi) Employees who
have hours in debit must be given first option to work additional hours prior
to the use of casual employees.
(vii) The employer
must keep detailed records of all hours credited and debited to employees under
these arrangements. Employees must have full access to these records.
(viii) On termination
of employment the employer must pay the employee for all hours in credit and
may deduct from termination pay the value of any hours in debit.
(ix) Either party
shall have the right to terminate an agreement under this clause with two weeks
notice.
7. Rosters
(i) The ordinary
hours of work for each employee, other than the Director of Nursing and casual
employees shall be displayed on a roster in a place conveniently accessible to
employees.
(ii) The roster
shall be displayed where practicable at least two weeks prior, but in any event
not less than one week prior, to the commencing date of the first working
period in the roster. Provided that in the case of a permanent part-time
employee whose hours are balanced over 4 weeks, the roster shall be displayed
where practicable, at least 4 weeks prior to the commencing date of the first
working period in the roster but in any event not less than one week prior, to
the commencing date of the first working period in the roster.
(iii) Notwithstanding
the foregoing provisions of this clause, a roster may be altered at any time to
enable the nursing service of the health or aged care facility to be carried on
where another employee is absent from duty on account of illness or in an
emergency: Provided that where any such alteration involves an employee working
on a day which would otherwise have been such employee's day off, the day off
in lieu thereof shall be as mutually arranged.
(iv) Prior to the
date of the changed shift, such change of roster shall be notified verbally or
in writing to the employee concerned.
(v) An employee
may change their roster at short notice, with the agreement of their unit
manager or Director of Nursing for any reasonable ground.
(vi) An employer
may change an employee’s roster at short notice, with the agreement of the
employee, for any reasonable ground including unexpected situations and unforseen
fluctuations in patient dependency.
(vii) Where an
employee is entitled to an additional day off duty in accordance with Clause 4,
Hours of Work and Free Time of Employees other than Directors of Nursing, of
this award, such day is to be shown on the roster of hours for that employee.
(viii) All rosters
shall be retained for at least six years.
8. Pilot Roster
Projects
(i) Notwithstanding
any other provision of this award, Pilot Roster Projects for the purposes of trialing
flexible roster practices may be implemented on the following basis:
(a) The terms of
the Pilot Roster Project shall be agreed in writing between the employer and
the Association on behalf of the nurses participating in the project. Provided that the Association shall not
unreasonably refuse to agree to, or unreasonably delay in responding to, a
Pilot Roster Project proposed by an employer.
(b) The terms
shall include
(1) the duration
of the project; and
(2) the conditions
of the project, and
(3) the award
provisions required to be overridden in order to implement the project; and
(4) review
mechanisms to assess the effectiveness of the project.
(c) Whilst the
Pilot Roster Project is being conducted according to its terms, the employer
shall not be deemed to be in breach of the award by reason alone of
implementing the project.
(d) Any purported
Pilot Roster Project which does not comply with this clause is not a Pilot
Roster Project for the purposes of this clause and in particular no employer
shall be able to claim the benefit of subclause (c) when implementing such
project.
(ii) The
Association agrees to participate in a review of the operation of this clause,
if requested by a party to the making of this award.
9. Salaries
(i) The minimum
salaries per week shall be as set out in Table 1 - Salaries, of Part B,
Monetary Rates.
In relation to the salaries of Deputy Director of
Nursing and Director of Nursing, "beds" means adjusted daily average
of occupied beds; in relation to the salary of Subsidiary Hospital Director of
Nursing, "beds" means the adjusted daily average of occupied beds in
the subsidiary hospital.
10. Transitional
Arrangements - Registered Nurse Incremental Scale
(i) For the
purposes of this clause "transitional date" means the first pay
period commencing on or after 1 March 1997.
(ii) The year of
service for the purpose of the incremental scale for a registered nurse
employed at the transitional date shall be determined by locating the
registered nurse’s current year of service on the incremental scale in Column A
of the Transitional Table in subclause (iv). The registered nurse’s incremental
year of service shall be deemed to be the year of service appearing opposite in
Column B of the Transitional Table. Provided that a registered nurse with eight
or more actual years of service shall be placed on the eighth year of service
in Column B of the Transitional Table.
(iii) Registered
nurses who commence employment with an employer after the transitional date
shall have their year of service determined as if they were employed by the
employer at the transitional date. That is; the transitional arrangements shall
apply to all periods of employment, under this award, which commence on or
after the transitional date.
(iv) Transitional
Table:
Column A (Old incremental
scale)
|
Column B (New incremental scale)
|
First year of service
|
First year of service
|
Second year of service
|
First year of service
|
Third year of service
|
Second year of service
|
Fourth year of service
|
Third year of service
|
Fifth year of service
|
Fourth year of service
|
Sixth year of service
|
Fifth year of service
|
Seventh year of service
|
Sixth year of service
|
Eighth year of service
|
Seventh year of service
|
UGI
|
Eighth year of service
|
Note: For the purposes of the
old incremental scale only,
|
|
a registered nurse who has
obtained an appropriate
|
|
degree in Nursing or Applied
Science (Nursing) or
|
|
Health Studies (Nursing) (referred
to for the purposes
|
|
of this clause as a
"UGI" qualification) shall enter the
|
|
incremental scale on the
second year of service.
|
|
(v) The year of
service determined by this clause shall be year of service only for the purposes
of Clause 9, Salaries. In particular this clause shall not affect the
definition of service for the purposes of Clause 24, Annual Leave and Public
Holidays; Clause 26, Sick Leave or Clause 27, Long Service Leave.
(vi) A registered
nurse’s anniversary date for the purpose of moving to the next year of service
is not affected by this clause.
11. Recognition of
Service and Experience
(i) The employer
shall notify each nurse in writing of the requirements of this clause at the
time of the nurse's commencement of employment. If the employer does not so
notify the nurse then the requirements of this clause shall not commence until
the employer does so notify the nurse.
(ii) From the time
of commencement of employment the nurse has three months in which to provide
documentary evidence to their employer detailing any other 'service' or
'experience', as defined in Clause 3, Definitions, not disclosed at the time of
commencement. This evidence, in the absence of other documentary evidence may
take the form of a statutory declaration.
(iii) Until such
time as the nurse furnishes any such documentation contemplated in (ii) above
the employer shall pay the nurse at the level for which documentary evidence
has been provided.
(iv) If within
three months of commencing employment a nurse does provide documentary evidence
of other previous service or experience not disclosed at the time of
commencement, the employer shall pay the nurse at the appropriate rate as and
from the date of commencement that would have been paid from that date had the
additional evidence been provided at that time.
(v) If a nurse
provides documentary evidence of other previous service or experience not
disclosed at the time of commencement after the said three months period, the nurse
shall be paid a rate appropriate for the previous service or experience then
proved but only from the date of providing that evidence to the employer.
(vi) A nurse who is
working as a nurse for more than one organisation shall notify each employer under
this award within one month of the end of each quarter of their hours of
service or experience, as appropriate, worked with those other employers in the
last quarter.
(vii) A nurse who is
entitled to progress to the next year of service or experience (by reason of
hours worked with other employers) as and from a particular date must provide
documentary evidence of that entitlement within three months of that
entitlement arising. If that proof is so provided the nurse shall be paid at
the higher rate as and from the particular date. If the documentary evidence is
provided outside that three month period the nurse shall be paid at the higher
rate only from the date of proof.
12. Average Occupied
Beds
For the purpose of ascertaining the adjusted daily average
of occupied beds of a health or aged care facility, each newly-born baby shall
count as one half patient and 700 registered outpatients per annum shall count
as one occupied bed. The average shall be taken for the twelve months ended on
the 30 June in each and every year and such average shall relate to the salary
of the succeeding year. Each employer shall furnish to the Association, by
prepaid letter posted on or before the 31 July in each year, a statement in
writing showing the adjusted daily average of occupied beds for the twelve
months ending on the preceding 30 June.
13. Special
Allowances
(i)
(a) A registered
nurse in charge during the day, evening or night of a health or aged care
facility having a daily average of occupied beds of less than 100 shall be
paid, in addition to her or his appropriate salary, whilst so in charge, the
sum set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B
Monetary Rates, per shift.
(b) A registered
nurse in charge of a shift in a ward or unit during the day, evening or night
in the absence of the Nursing Unit Manager shall be paid, in addition to her or
his appropriate salary whilst so in charge the sum set out in Item 2 of Table
2, per shift. This subclause shall only apply where the registered nurse is in
charge of one or more other nurses in the ward or unit in question.
(c) This subclause
shall not apply to registered nurses holding classified positions of a higher
grade than that of registered nurse.
(ii)
(a) An employee
required by their employer to be on call otherwise than as provided for in
paragraph (b) shall be paid the sum set out in Item 3 of Table 2 for each
period of 24 hours or part thereof provided that only one allowance shall be
payable in any period of 24 hours.
(b) An employee
required to be on call on rostered days off in accordance with subclause
(xv)(b) of Clause 4 shall be paid the sum set out in Item 4 of Table 2 for each
period of 24 hours or part thereof provided that only one allowance shall be
payable in any period of 24 hours.
(c) An employee
who is directed to remain on call during a meal break shall be paid an
allowance of the sum set out in Item 5 of Table 2 provided that no allowance
shall be paid if, during a period of 24 hours including such period of on call,
the employee is entitled to receive the allowance prescribed in (a) above. If
an employee is recalled to duty during such meal break, they shall be paid at
overtime rates for the total period of the meal break.
(d) Where an employee
on remote call leaves the health or aged care facility and is recalled to duty,
they shall be reimbursed all reasonable fares and expenses actually incurred
provided that where an employee uses a motor car in these circumstances the
allowance payable shall be the transport rate prescribed from time to time by
the NSW Health Department. The provisions of this paragraph shall apply to all
employees.
(e) This subclause
shall not apply to a Director of Nursing, Subsidiary Hospital Director of
Nursing, Deputy Director of Nursing or Assistant Director of Nursing.
(iii)
(a) Where a
Director of Nursing is required by the employer to perform radiographic duties
they shall be paid in addition to their appropriate salary an allowance of the
sum set out in Item 6 of Table 2 per week.
(b) The allowance
prescribed by paragraph (a) of this subclause shall apply to an employee who
relieves the Director of Nursing for a period of one week or more.
(c) An employee
who is performing radiographic duties in the absence of the Director of Nursing
for a period of less than one week shall be paid in addition to his or her
appropriate salary a daily allowance of the sum set out in Item 7 of Table 2;
provided that the maximum allowance per week payable in accordance with this
paragraph shall not exceed the sum set out in Item 8 of Table 2.
(d) The allowance
prescribed by this subclause shall be regarded as part of the salary for the
purpose of this award.
(e) Provided that
the allowances provided for in this subclause shall only be paid to employees
who had been in receipt of the allowance prior to 1 July 1996.
(iv) An employee
required to wear a lead apron shall be paid an allowance of the sum set out in
Item 9 of Table 2 for each hour or part thereof that they are required to wear
the said apron.
(v)
(a) A registered
nurse who is designated to be in-charge of a ward or unit when the Nursing Unit
Manager is not rostered for duty and who is also designated to be in-charge of
a health or aged care facility with less than 100 beds during the day, evening
or night on the same shift shall be paid an allowance per shift of the sum set
out in Item 10 of Table 2. This subclause shall only apply where the registered
nurse is in charge of one or more other nurses in the ward or unit in question.
(b) This subclause
shall not apply to registered nurses holding classified positions of a higher
grade than of a registered nurse.
14. 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 employees who work
less than 38 hours per week shall only be entitled to the additional rates
where their shifts commence prior to 6.00 am or finish subsequent to 6.00 pm.
Afternoon shift commencing at 10.00 am and before 1.00 pm
|
10%
|
Afternoon shift commencing at 1.00 pm and before 4.00 pm
|
12.5%
|
Night shift commencing at 4.00 pm and before 4.00 am
|
15%
|
Night shift commencing at 4.00 am and before 6.00 am
|
10%
|
(ii) "Ordinary
rate" and "ordinary time" shall not include any percentage
addition by reason of the fact that an employee works less than 38 hours per
week but shall include amounts payable pursuant to Clause 9, Salaries; and
subclause (iii) of Clause 13, Special Allowances.
(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 6.00 am and before 10.00 am.
"Afternoon shift" means a shift which
commences at or after 10.00 am and before 4.00 pm.
"Night Shift" means a shift which commences
at or after 4.00 pm and before 6.00 am on the day following.
(iv) Employees
whose ordinary working hours include work on a Saturday and/or Sunday, shall be
paid for ordinary 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. These extra rates shall be in substitution for and not cumulative
upon the shift premiums prescribed in the subclause (i) of this clause.
The foregoing paragraph shall apply to employees who
work less than 38 hours per week, but such employees shall not be entitled to
be paid in addition any allowance prescribed by Clause 23, Part-time, Casual
and Temporary Employees, of this Award 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 24,
Annual Leave and Public Holidays, of this award.
(vi)
(a) This subclause
shall only apply to nurses who work an entire ordinary time shift in a discrete
designated day procedure ward or unit which routinely functions between the
hours of 7.00 am and 6.00 pm.
(b) This subclause
shall not apply to any nurse whose employment commenced prior to 15 December
1994 and who has been employed on a continuous basis since that date.
(c) A nurse to
whom this subclause applies shall not be entitled to an additional penalty rate
payment for ordinary time worked prior to 6.00 pm on any week day.
(d) A nurse to
whom this subclause applies shall be paid, in addition to their ordinary rate,
a penalty -payment at the rate of 15% for all ordinary time worked after 6.00
pm on any week day.
15. Fares and
Expenses
(i) A student
nurse or trainee enrolled nurse sitting for an examination prescribed by the
Board and required to travel from the home centre to an examination centre
shall be paid by the employer all fares necessarily incurred in such
travelling, and if it is reasonably necessary for each student nurse or trainee
enrolled nurse to sleep away from such home centre the employer shall pay in
addition to the fares the cost of reasonable accommodation and meals.
"Home Centre" means the town in which is situated the hospital at which
such student nurse or trainee enrolled nurse is employed.
(ii) An employee
required to travel in the performance of duty shall be paid all reasonable out
of pocket expenses (including fares).
(iii)
(a) An employee who
is engaged for an indefinite period and who remains in the employment for at
least six months shall be reimbursed forward fares from the place of
engagement; provided that the distance of normal travel there from to the
employment exceeds 40 kilometres.
(b) An employee
who is engaged for an indefinite period and who is dismissed within six months
for any reason other than misconduct or inefficiency shall be reimbursed
forward fares from the place of engagement; provided that the distance of
normal travel there from to the employment exceeds 40 kilometres; and shall
also be reimbursed return fares to such place of engagement or the employee's
immediate destination, whichever is the cheaper.
(iv) An employee
who is engaged for a definite period and who completed the period of engagement
or who is dismissed before completing such period for any reason other than
misconduct or inefficiency shall be reimbursed also return fares to such place
of engagement or to the employee's immediate destination, whichever is the
cheaper.
(v) Subclauses
(iii) and (iv) of this clause shall not apply to, trainee enrolled nurses or to
nurses travelling to a health or aged care facility for post-graduate training.
(vi) Fares within
the meaning of this clause shall include only fares incurred in respect to
travel within New South Wales.
(vii) An employee
who claims reimbursement of fares, pursuant to this clause, shall furnish to
the employer, if so required, satisfactory proof that they have not received
from another employer reimbursement in respect of those fares.
16. Telephone
Allowance
If an employee is required, for the purpose of their
employment, to be on call on a regular basis or where an employee is required
by their employer to have a telephone installed for the purpose of their
employment the employer shall be responsible for the following payments:
(i) Where the
employee already has a telephone installed:
(a) three quarters
of the cost of rental of the telephone;
(b) the cost of
all official STD and mobile phone calls.
(ii) Where the
employee does not have the telephone installed:
(a) the cost of
installation of the telephone;
(b) three quarters
of the cost of rental of the telephone;
(c) the cost of
all official STD and mobile phone calls.
(iii) Provided that
where the employee is provided with a Pager the employer shall be responsible
for the following payments:
(a) one half of
the cost of rental of the telephone;
(b) the cost of
all official STD and mobile phone calls.
17. Uniform and
Laundry Allowances
(i) Subject to
subclause (iii) of this clause, sufficient, suitable and serviceable uniforms,
including one pair of shoes per annum which shall be of a recognised acceptable
standard for the performance of nursing duties, and one cardigan or jacket
shall be supplied free of cost to each employee. An employee to whom a new
uniform or part of a uniform has been issued who, without good reason, fails to
return the corresponding article last supplied shall not be entitled to have
such article replaced without payment therefore at a reasonable price.
(ii) An employee,
on leaving the service of an employer, shall return any uniform or part thereof
supplied by that employer which is still in use immediately prior to leaving.
(iii)
(a) In lieu of supplying
uniforms and shoes to an employee, an employer shall pay the said employee the
sum set out in Item 11 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, for uniforms and the sum set out in Item 12 of Table 2 for
shoes per week.
(b) In lieu of
supplying stockings to a female employee an employer shall pay the said
employee the sum set out in Item 13 of Table 2 per week.
(c) In lieu of
supplying a cardigan or jacket to an employee an employer shall pay the said
employee the sum set out in Item 14 of Table 2 per week.
(d) If, in any
health or aged care facility, the uniforms of an employee are not laundered at
the expense of the employer an allowance of the sum set out in Item 15 of Table
2 shall be paid to the said employee; provided that the payment of such laundry
allowance shall not be made to any employee on absences exceeding one week.
(e) Where the
employer requires any employee to wear headwear, the employer shall provide
headwear free of charge to the employee.
(f) In lieu of
supplying socks to an employee the employer shall pay the said employee the sum
set out in Item 16 of Table 2 per week.
(g) The allowances
referred to subclause (iii) are also payable during any period of paid leave.
18. Higher Grade Duty
(i) An employee
who is called upon to relieve an employee in a higher classification or is
called upon to act in a vacant position of a higher classification shall be
entitled to receive for the period of relief or the period during which they
act the minimum payment for such higher classification.
(ii) The
provisions of subclause (i) shall not apply where the employee being relieved
is absent from duty for a period of three consecutive working days or less
which have been rostered in advance, except where the duties of the higher
position involve being in charge of the facility during the period in question.
(iii) Further, the
provisions of subclause (i) shall not apply where a Director of Nursing is
absent from duty for a period of three working days or less for any reason
other than Clause 5, Hours of Work and Free Time of Directors of Nursing.
19. Overtime
(i) Subject to
subclause (ii) of this Clause employees shall work reasonable overtime when
required by the employer.
(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 employer 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 4, 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.
20. Remuneration
Packaging
(i)
(a) Subject to
paragraph (q) of subclause (ii) of this Clause a full time employee will have
their wages/salary packaged within the limits prescribed by Federal Fringe
Benefits. Tax legislation as follows:
Private Hospital Nurses - Fringe Benefit Limit of up to
= $17 000 gross or $8755 net
Aged Care Nurses Fringe Benefit Limit of up to = $30
000 gross or $15450 net
(b) Permanent part
time and Assistant in Nursing employees will have the option of salary packaging
where there is a mutual benefit to both employer and employee.
(ii)
(a) The terms and
conditions of such a package overall shall not, when viewed objectively, be
less favourable than the entitlements otherwise available under this award and
shall be subject to the following provisions:
(b) The employer
shall ensure that the structure of any package complies with taxation and other
relevant laws;
(c) The employer
shall confirm in writing to the employee the classification level and the
current salary payable as applicable to the employee under this award;
(d) The employer
shall advise the employee, in writing, that all award conditions, other than
the salary and those conditions as agreed in paragraph (e) below shall continue
to apply;
(e) A copy of the
agreement shall be made available to the employee;
(f) The employee
shall be entitled to inspect details of the payments made under the terms of
this agreement;
(g) The
configuration of the remuneration package shall remain in force for the life of
the award:
(h) Where at the
end of the agreed period the full amount allocated to a specific benefit has
not been utilised, by agreement between the employer and the employee, an
unused amount may be carried forward to the next period, or paid as salary
which will be subject to usual taxation requirements;
(i) In the event
that the employer ceases to attract exemption from payment of Fringe Benefit
Tax the employer may terminate all salary packaging arrangements and the
employee’s salary will revert to that specified in paragraph (b) of above;
(j) Where changes
are proposed to salary packaging arrangements other than to flow on wage
increases, or salary packaging arrangements are to be cancelled for reasons
other than legislative requirements, then the employer and/or the employee must
give three months notice of the proposed change.
(k) In the event
that the employee ceases to be employed by the employer this agreement will cease
to apply as at the date of termination and all leave entitlements due on
termination shall be paid at the rates in accordance with paragraph (b) above.
Any outstanding benefit shall be paid on or before the date of termination.
(l) Any pay
increases granted to employees under this award shall also apply to employees
subject to remuneration packaging arrangements within this clause.
(m) All employees
entering salary-packaging arrangements shall attract annual leave loading
calculated at 62.5%.
(n) The Employer’s
policy and procedure in respect of salary packaging for the employer being
adhered to by both the employer and employee.
(o) Employees
entering salary packing arrangements shall receive a cash payment of 1% based
on the employees base award annual or pro-rata salary excluding shift penalties
or overtime. The payment shall be made by the employer to the employee by the
first pay period in December each year.
(p) The employee
shall be entitled to pro-rata payment specified in paragraph (o) upon
termination of employment.
(q) Salary
packaging shall not apply in the following circumstances:
(1) If an employee
will suffer financially as a result of being salary packaged. The employer will
treat each case on its merits and both the employer and employee will resolve
the issue by mutual agreement. Where agreement cannot be reached, then Clause
46, Resolution of Disputes of the Award shall apply.
(2) Where Clause
46, Resolution of Disputes is utilised, upon the request of the NSW Nurses’
Association, the employer shall pay for the services of a financial adviser
nominated by the NSW Nurses’ Association and agreed to by the employer to
assist in resolution of the dispute between the parties.
(3) If an employee
currently contributes towards child support payment through the Commonwealth
Child Support Agency or equivalent body, that employee need not salary package.
(4) Where an
employee and employer agree that an employee will not salary package, that
employee shall be entitled to the full award rate without loss of entitlement.
(r) An amount
equivalent to the minimum statutory superannuation contribution on the
unpackaged Award amount will be made by the Employer.
21. Payment and
Particulars of Salaries
(i) All salaries
and other payments shall be paid weekly or fortnightly, provided that 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 the payment of shift and weekend penalties
relating to work performed in the second week of a fortnightly roster period
may be deferred to the pay day next following the completion of the working
cycle within which such shifts were worked, but for no longer.
(ii) 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. Wages may be initially deposited into the
hospital's own local bank and transferred to each employee's requested financial
institution. Salaries shall be
deposited by hospitals 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, but in such cases facilities shall take all reasonable
steps to ensure that the wages of such employees are available for withdrawal
by no later than pay day.
(iii) Notwithstanding
the provisions of subclause (ii) of this clause, an employee who has given or
has been given the required notice of termination of employment, in accordance
with Clause 41, Termination of Employment, of this award, shall be paid all
moneys due to them prior to ceasing duty on the last day of employment.
Where an employee is summarily dismissed or their
services are terminated without due notice, any moneys due to them shall be
paid as soon as possible after such dismissal or termination but in any case
not more than three days thereafter.
(iv) On each payday
an employee, in respect of the payment then due, shall be furnished with a
written statement containing the following particulars, namely: name, the
amount of ordinary salary, the total number of hours or overtime worked, if
any, the amount of any overtime payment, the amount of any other moneys paid
and the purpose for which they are paid, and the amount of the deductions made
from the total earnings and the nature thereof.
22. Registration and
Enrolment Pending
(i) A student or
trainee enrolled nurse who has completed the course of training prescribed by
the Board and applied for registration or enrolment shall, upon registration or
enrolment, be paid as from the date of application for registration or
enrolment the salary to which they would have been entitled if registered or
enrolled.
(ii) A nurse or
enrolled nurse who has trained outside New South Wales shall be paid as a
registered nurse or enrolled nurse as and from the date they are notified that
they are eligible for registration or enrolment as a registered nurse or
enrolled nurse provided that they make application for registration within
seven days after being so notified.
(iii) They shall
notify the employer as soon as possible after they have so applied.
23. Part-Time, Casual
and Temporary Employees
Part I - Permanent
Part-Time Employees
(i)
(a) A permanent
part-time employee is one who is permanently appointed by a facility to work a
specified number of hours, which are less than those, prescribed for a
full-time employee.
(b) By agreement
between employer and employee, the specified number of hours may be balanced
over a week, a fortnight or four weeks. Provided that the average weekly hours
shall be deemed to be the specified number of hours for the purposes of accrual
of annual leave.
(c) An employee
whose hours are averaged over 4 weeks shall be paid each week or fortnight
according to the employee’s average weekly or fortnightly hours as is
appropriate.
(d) Provided further
that there shall be no interruption to the continuity of employment merely by
reason of an employee, whose hours are balanced over a fortnight or over four
weeks, not working in any one week in accordance with paragraph (b) of this
subclause.
(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 9, Salaries, of this
award and, where applicable, one thirty-eighth of the appropriate allowance or
allowances prescribed by Part I Clause 13, 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 17, Uniforms 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 4, Hours of Work
and Free Time of Employees Other Than Directors of Nursing.
(iii) Four weeks'
Annual Leave on ordinary pay is to be granted on completion of each twelve
months' service. The provisions of subclauses (v) to (xi) of Clause 24, Annual
Leave and Public Holidays, and Clause 25, Annual Leave Loading, of this award
shall apply to employees engaged under Part 1 Permanent Part-time Employees of
this clause. The remaining provisions
of Clause 24 Annual Leave and Public Holidays shall not apply.
Where an employee has any period of permanent part-time
employment during any 12 months qualifying period for annual leave, payment for
such annual leave shall be calculated on the basis of the proportion that the
average number of hours worked each week bears to 38 hours.
(iv) A public
holiday occurring on an ordinary working day shall be allowed to employees
without loss of pay; provided that an employee who is required to and does work
on a public holiday shall have one day or one half day, as appropriate, added
to their period of annual leave and be paid at the rate of one half time extra
to the time actually worked. Such payment is in lieu of any additional rate for
shift work or weekend work which would otherwise be payable had the day not
been a public holiday. In lieu of
adding to annual leave under this paragraph an employee may elect to be paid
for the time actually worked at the rate of time and one half in addition to
their ordinary weekly rate.
Such election shall be made on the commencement of
employment and then on the anniversary date each year. The employee may not
alter such election during the year except with the agreement of the employer.
Where payment is made in lieu of leave in respect of time worked on a public
holiday, payment shall be made for a minimum of four hours work, and any
balance of the day or shift not worked shall be paid at ordinary rates.
(v) To the leave
prescribed by subclause (iv) of Part I Permanent Part-time Employees of this
clause there shall be added one working day for each public holiday or one half
working day for each half public holiday which occurs on what would have been
an ordinary working day during a period of annual leave.
For the purpose of Part I Permanent Part-time Employees
of this clause the following are to be public holidays, viz: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Local Labor Day, Christmas Day, Boxing Day and any other day duly
proclaimed and observed as a public holiday within the area in which the
hospital is situated.
(vii) In addition to
those public holidays prescribed in subclause (vi) of Part I Permanent Part-time
Employees of this clause, there shall be an extra public holiday each year.
Such public holiday will occur on the August Bank Holiday or a date, which is
agreed upon by the Association and the respective employers. The foregoing does
not apply in areas where, in each year:
(a) a day in
addition to the ten named public holidays specified in subclause (vi) Part I
Permanent Part-time Employees of this clause is proclaimed and observed as a
public holiday; or
(b) two half days
in addition to the ten named public holidays specified in subclause (vi) of
Part I Permanent Part-time Employees of this clause are proclaimed and observed
as half public holidays.
(viii) In areas where
in each year one half day in addition to the ten named public holidays
specified in subclause (vi) of Part I Permanent Part-time Employees of this
clause is proclaimed and observed as a half public holiday, for the purposes of
this award the whole day is to be regarded and observed as a public holiday,
and no additional public holiday which would otherwise apply as a result of
this subclause will be observed.
(ix) Employees
engaged under Part I Permanent Part-time Employees 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 is one engaged on an hourly basis otherwise than as a permanent
part-time or full-time employee.
(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 9, Salaries, of this award and where
applicable one thirty-eighth of the appropriate allowance or allowances
prescribed by Clause 13, 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 17, Uniforms
and Laundry Allowances, of this Award.
(iii) With respect
to a casual employee the provisions of Clause 35, Deputy Director of Nursing,
Assistant Director of Nursing; Clause 5, Hours of Work and Free Time of
Directors of Nursing; Clause 7, Rosters; Clause 19, Overtime; Clause 33,
Special Provisions Relating to Trainee Enrolled Nurses; Clause 24, Annual Leave
and Public Holidays and Clause 15, 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 4, Hours of
Work and Free Time of Employees Other Than Directors of Nursing.
(iv) For the
entitlement to payment in respect of annual leave, see Annual Holidays Act
1944.
(v) A casual
employee who is required to and does work on a public holiday as defined in
sub-clauses (iii) and (iv) of Clause 24, Annual Leave and Public Holidays ,
shall be paid for the time actually worked at the rate of double time and
one-half such payment being in lieu of weekend or shift allowances which would
otherwise be payable had the day not been a public holiday; provided that a
casual employee shall not be entitled to be paid in addition the allowance of
10 per centum prescribed in subclause (ii) of Part II Casual Employees in
respect of such work.
(vi) For the
entitlement to payment in respect of long service leave, see the Long
Service Leave Act, 1955.
PART III -
Temporary Employees
(i) A temporary
employee is one engaged for a set period not exceeding 13 weeks.
(ii) A temporary
employee shall be paid, in addition to all rates and allowances to which the
said employee is entitled under this award, an allowance equal to 10 per centum
of the rates prescribed for his or her classification by Clause 9, Salaries, of
this Award, provided that this subclause shall cease to apply upon:
(a) the said
period of engagement being extended after the said period of 13 weeks;
(b) the employer
and the employee agreeing during the said period of 13 weeks, that the employee
shall be employed on a permanent part-time or full-time basis.
(iii) For
entitlement to payment in respect of annual leave, see Annual Holidays Act
1944.
24. Annual Leave and
Public Holidays
(i) Annual leave
on full pay is to be granted on completion of each twelve months service as
follows:
(a) Employees
required to work on a seven (7) day basis six (6) weeks annual leave.
(b) All other
employees - four (4) weeks annual leave.
(ii)
(a) An employee to
whom paragraph (a) of subclause (i) applies and who is required to and does work
on a public holiday shall be paid, in addition to the appropriate ordinary
weekly rate of pay, at the rate of one half time extra for the time actually
worked on such holiday. Such payment shall be in lieu of any additional rate
for shift work or weekend work which would otherwise be payable had the day not
been a public holiday.
(b) To leave
prescribed by paragraph (a) of subclause (i) there shall be added one working
day or one half working day for each special public holiday or half public
holiday (not being one of the ten (10) specifically named public holidays
prescribed by subclause (iii) of this clause, or a special day proclaimed in
lieu of any of them) which may occur during the qualifying period for annual
leave or during the period of annual leave.
(c) A public
holiday occurring on an ordinary working day shall be allowed to employees
covered by paragraph (b) of subclause (i) on full pay; provided that an
employee who is required to and does work on a public holiday shall have one
day or one half day, as appropriate, added to their period of annual leave and
be paid at the rate of one half time extra for the time actually worked. Such
payment is in lieu of any additional rate for shift work or weekend work which
would otherwise be payable had the day not been a public holiday. In lieu of
adding to annual leave under this paragraph an employee may elect to be paid
for the time actually worked at the rate of time and one half in addition to
their ordinary weekly rate. Such election shall be made on the commencement of
employment and then on the anniversary date each year.
The employee may not alter such election during the
year except with the agreement of the employer. Where payment is made in lieu of leave in respect of the time
worked on a public holiday payment shall be made for a minimum of four hours
work, and any balance of the day or shift not worked shall be paid at ordinary
rates.
(d) Where a public
holiday falls on a rostered day off of a shift worker as defined in Clause 3,
Definitions, of this award, and who receives four (4) weeks annual leave in
accordance with paragraph (b) of subclause (i) of this clause, such shift
worker shall be paid one day's pay in addition to the weekly rate or if the
employee so elects shall have one day added to the period of annual leave.
(e) To the leave
prescribed by paragraph (b) of subclause (i) there shall be added one working
day for each public holiday or one half working day for each half public
holiday which occurs on what would have been an ordinary working day during a
period of annual leave; provided that in the case of a shift worker referred to
in paragraph (d) of this subclause the provision of this paragraph shall apply
to any public holidays falling during the period of annual leave.
(iii) For the
purpose of this subclause the following are to be public holidays, viz: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Local Labor Day, Christmas Day, Boxing Day and any other
day duly proclaimed and observed as a public holiday within the area in which
the hospital is situated.
(iv)
(a) In addition to
those public holidays prescribed in subclause (iii) of this clause, employees
are entitled to an extra public holiday each year. Such public holiday will occur:
(1) on the August
Bank Holiday; or
(2) on a date
which is agreed upon by the Association and the respective employers;
as an additional public holiday between Christmas and
New Year; provided that such day is placed between Monday to Friday (inclusive)
which is not gazetted as a public holiday.
(3) The foregoing
does not apply in areas where in each year:
(4) a day in
addition to the ten (10) named public holidays specified in subclause (i) is proclaimed
and observed as a public holiday; or
(5) two half days
in addition to the ten (10) named public holidays specified in subclause (i)
are proclaimed and observed as half public holidays.
(b) In areas where
in each year only one half day in addition to the ten (10) named public
holidays specified in subclause (iii) is proclaimed and observed as a half
public holiday for the purposes of this award the whole day is to regarded and
observed as a public holiday and no additional public holiday which would
otherwise apply as a result of this subclause will be observed.
(v)
(a) An employee
shall be eligible for annual leave when twelve (12) months have elapsed since
the date on which the first annual leave would have begun if taken immediately
it had become due or, if the employee has not previously had annual leave,
since the commencement of employment.
(b) Credit of time
towards an allocated day off duty shall not accrue when an employee is absent
in accordance with subclause (i) of this clause. Employees entitled to
allocated days off duty in accordance with Clause 4, Hours of Work and Free
Time of Employees Other Than Directors of Nursing, of this Award shall accrue
credit towards an allocated day off duty in respect of each day those employees
are absent on additional annual leave in accordance with paragraphs (b) and (c)
of subclause (ii) of the Award.
(vi) Annual leave
shall be given and shall be taken either in one consecutive period or two
periods neither of which shall be less than one week, or if the employer and
employee so agree in either two, three or four separate periods, but not
otherwise.
(vii)
(a) Annual leave
shall be given and shall be taken within a period of six (6) months after the
date when the right to annual leave accrued; provided that the giving and
taking of such leave may be postponed by mutual agreement between the parties
for a further period not exceeding six (6) months.
(b) Nothing in
this subclause 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 will not
commence to accrue until the expiration of the twelve (12) months in respect of
which annual leave was taken before it accrued.
(c) The employer
shall give each employee, where practicable, three (3) months notice of the
date upon which she or he shall enter upon leave, and in any event such notice
shall not be less than twenty-eight (28) days.
(viii)
(a) Each employee
before going on leave shall be paid for the period of the leave at the ordinary
rate of salary to which she or he is entitled under this award. Where an
employee has any period of permanent part-time employment during any 12 month
qualifying period for annual leave, payment for such annual leave shall be
calculated on the basis of the proportion that the average number of hours
worked each week bears to 38 hours.
(b) An employee to
whom paragraph (a) of subclause (i) applies shall be paid during the first
twenty eight (28) consecutive days whilst on annual leave her or his ordinary
rate of salary plus shift allowances and weekend penalties relating to ordinary
time the employee would have worked if they had not been on annual leave;
additional annual leave accrued under subclause (xi) attracts shift allowances
and weekend penalties relating to ordinary time the employee would have worked
if they had not been on annual leave; provided that the provisions of the
preceding paragraphs of this subclause shall not apply to public holidays which
occur during a period of annual leave or days which have been added to annual
leave in accordance with paragraph (b) of subclause (ii) and subclause (iv) of
this clause.
(ix) Except as
provided for in subclauses (x) and (xi) of this clause payment for annual leave
shall not be made or accepted in lieu of annual leave.
(x) Where the
employment of an employee is terminated the employee shall be entitled to
receive, in addition to all other amounts due, in respect of service of less
than one year an amount equal to one-twelfth (6/46ths in respect of employees
rostered to work on a seven (7) day basis) of her or his ordinary pay for that
period of employment together with payment for any days added to annual leave
in accordance with subclause (ii) of this clause, and in calculating such
payment no deduction is to be made for accommodation or board.
(xi)
(a) In addition to
the leave prescribed by subclause (i)employees who work their ordinary hours in
Sundays and/or public holidays are entitled to receive additional annual leave
as follows:
Number of ordinary shifts worked on Sundays and/or public
holidays
|
Additional Annual
|
during a qualifying period of employment for annual leave
purposes
|
Leave
|
4 - 10
|
1 day
|
11 - 17
|
2 days
|
18 - 24
|
3 days
|
25 - 31
|
4 days
|
32 or more
|
5 days
|
provided that an employee may elect to be paid when proceeding
on annual leave an amount equivalent to the value of their additional leave
entitlement in lieu of taking the additional leave. Such election is to be made
in writing by the employee at the commencement of each year of employment and
is irrevocable during the currency of that year of employment.
(b) On termination
of employment employees are to be paid for any untaken annual leave due under
this subclause together with payment for any leave in respect of an uncompleted
year of employment calculated in accordance with this subclause together with
payment for any untaken annual leave due in accordance with subclause (x).
25. Annual Leave
Loading
(i) This clause
takes effect on and from 11 July 1974. It applies only in relation to annual
holidays to which employees became or have become entitled after 31 December
1973.
(ii) Before an
employee is given and takes his 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.
(iii) The loading
is payable in addition to the pay for the period of holiday given and taken due
to the employee pursuant to paragraph (b) of subclause (i) and paragraph (c) of
subclause (ii) under of Clause 24, 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.
(iv) 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.
(v) The loading is
the amount payable for the period or the separate periods, as the case may be, stated
in subclause (iv) 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 his annual
holiday together with any allowances prescribed by subclause (iii) of Clause
13, Special Allowances, of this award.
(vi) 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 24 Annual Leave and
Public Holidays 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 (v) 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.
(vii)
(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 (v) 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.
(viii) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if she or he 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.
26. Sick Leave
(i) Subject to
the following limitations and conditions an employee shall be entitled to sick
leave on full pay calculated by allowing 76 rostered ordinary hours of work for
each year of continuous service less any sick leave on full pay already taken.
(a) An employee
during his/her first year of employment with an employer shall be entitled to
sick leave at the rate of 7.6 hours at the end of each of the first five months
continuous service. Upon completion of six months continuous service the
employee shall be entitled to a further 38 hours sick leave. For the purpose of
this subclause, where service is continuous, each new entitlement will accrue
at the monthly anniversary date of the commencement of employment, i.e. A
person starting on 6 March would be entitled to their first 7.6 hours on 6
April.
(b) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to workers' compensation; provided, however,
that an employer shall pay to an employee who has sick leave entitlement under
this clause the difference between the amount received as workers' compensation
and ordinary pay as defined in Clause 14 Penalty Rates for Shift Work and
Weekend Work . The employee's sick leave entitlement under this clause shall,
for each week during which such difference is paid, be reduced by that
proportion of 38 hours which the difference paid bears to full pay.
(c) All periods of
sickness shall be certified to by the medical superintendent or director of
nursing of the hospital or by the employee's own legally qualified medical
practitioner. The employer may dispense with the requirements of a medical
certificate when 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.
(d) Each employee
shall, as soon as reasonably practicable and in any case within 24 hours of the
commencement of such absence, inform the employer of their 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.
(e) For the
purpose of determining a full-time employee's sick leave credit as at 19
September 1986, sick leave entitlement shall be proportioned on the basis of
76:80.
(ii) The employer
shall not change the rostered hours of an employee fixed by the roster or
rosters applicable to the fourteen days immediately following the commencement
of sick leave merely by reason of the fact that they are on sick leave.
(iii) Part-time
employees: A permanent part-time employee shall be entitled to sick leave in
the same proportion of 76 hours as the average weekly hours worked over the
preceding 12 months of from the time of the commencement of employment,
whichever is the lesser, bears to 38 ordinary hours. Such entitlements shall be subject to all the above conditions applying
to full-time employees.
(iv) With respect
to an employee who is eligible for sick leave and who produces a satisfactory
medical certificate to the effect that they have been incapacitated for a
period of at least one week's duration while on annual leave, the employee may
recredit such employee with an equivalent period of annual leave; provided that
no such recrediting shall be granted to an employee on leave prior to
retirement, resignation or termination of services and provided further the employer
is satisfied on the circumstances and the nature of the incapacity.
(v) Subject to the
provision of a satisfactory medical certificate and sick leave being due,
extended or long service leave shall be recredited where an illness of at least
one week's duration occurs during the period of extended or long service leave;
provided that the period of leave does not occur prior to retirement,
resignation or termination services.
27. Long Service
Leave
(i) For long
service leave falling due prior to 20th February 1981, see Long Service
Leave Act 1955.
(ii) For long
service leave falling due after 20th February 1981 the following provisions
shall apply:
(a)
(1) Every employee
after ten years' continuous service with the same employer shall be entitled to
two months' long service leave on full pay; after fifteen years' continuous
service to an additional one month's long service leave on full pay; and for
each five years' continuous service thereafter to an additional one and one
half months' long service leave on full pay. Such leave shall be taken at a
time to be mutually arranged between the employer and the employee.
(2) Where the
service of an employee with at least five years' service is terminated, the
employee shall be entitled for five years' service to one month's long service
leave on full pay and for service after 5 years to a proportionate amount of
such leave on full pay calculated on the basis of 2 months' long service leave
for 10 years' service.
(b) Where an
employee has acquired a right to extended leave under subclause (a) of this
clause, then and in every such case:
(1) If before such
leave has been entered upon the employment of such employee has been terminated
such employee shall be entitled to receive the monetary value of the leave to
which such employee has been entitled computed at the rate of salary which such
employee had been receiving immediately prior to the termination of employment.
(2) If such
employee dies before entering upon such extended leave, or if after having entered
upon the same dies before its termination, his widow, or in the case of a
widower leaving children his children or their guardians or other dependent
relatives or their legal representatives, shall be entitled to receive the
monetary value of the leave not taken or not completed, as the case may be, and
computed at the rate of salary which the employee had been receiving at the
time of death.
(c) For the
purpose of this clause:
(1) Continuous
service in the same hospital prior to the coming into force of this award shall
be taken into account.
(2) One month
equals four and one-third weeks.
(3) Continuous
service shall be deemed not to have been broken by:
(i) any period of
absence on leave without pay not exceeding six months;
(ii) absence of an
employee from the hospital whilst a member of the Defence Forces of the
Commonwealth in time of war.
(d) Where any
employee has been granted a period of long service leave prior to the coming
into force of this award the amount of such leave shall be debited against the
amount of leave due under this award.
(e) Any period(s)
of part-time employment with the same employer shall count towards long service
leave as provided for in paragraph (a) of subclause (ii) of this clause. Such
long service leave shall be paid for on the basis of the proportion that the
average number of hours worked per week bears to 38 hours.
(f) Where an
employee has accrued a right to an allocated day off duty on pay prior to
entering a period of long service leave such day shall be taken on the next
working day immediately following the period of long service leave.
An employee returning to duty from long service leave
shall be given the next allocated day off duty in sequence irrespective of
whether sufficient credits have been accumulated or not.
28. Compassionate
Leave
(i) In general,
compassionate leave with pay should be granted only in extraordinary or
emergent circumstances where a member of the staff of a hospital is forced to
absent themselves from duty because of urgent pressing necessity, and such
leave as is granted should be limited to the time necessary to cover the
immediate emergency.
(ii) Any absence
occasioned by personal exigencies, which might fairly be regarded as an
obligation on the employee, rather than the employer, to make good should be
covered by the grant of leave without pay or, if the employee so desires,
charged against their annual leave credit.
(iii) The following basic principles should be
kept in mind when dealing with applications:
(a) Bereavement
Leave - An employee, other than a casual employee, shall be entitled to up to
two days bereavement leave without deduction of pay, on each occasion of the
death of a person as prescribed in paragraph (c) of this subclause. Where the
employee is involved in funeral arrangements, travelling etc., leave may be
allowed for up to three days. Leave with pay would not ordinarily be granted
for the death or attendance at the funeral of a relative other than those
mentioned, unless special circumstances existed, i.e., the employee lived with
the deceased.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the 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) Use of Sick Leave of Clause
29, State Personal/Carer’s Leave, provided that, for the purpose of bereavement
leave, the employee need not have been responsible for the care of the person
concerned.
(d) 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.
(e) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(ii), (iii), (iv), (v) and (vi) of the said Clause 29, State Personal/Carer’s
Leave. In determining such a request, the employer will give consideration to
the circumstances of the employee and the reasonable requirements of the
business.
(f) Illness in
the family:
Except in very special circumstances leave with pay
should be limited to one day, which as a general rule, would prove sufficient
time to meet the immediate emergency and allow the employee to make any other
arrangements necessary. It would be expected that no one but the employee would
be available to care for the sick member of the family.
(iv) The above
principles are not intended to codify completely purposes for which
compassionate leave with pay may be allowed. The element of unforeseen
emergency could be present in other situations, eg. floods and bushfires, which clearly prevent attendance for duty.
(v) In view of the
purpose for which compassionate leave is intended, it is not possible to
prescribe a precise limitation of the amount of leave to be granted in a given
period. It is suggested, however, that
only under the most exceptional circumstances should leave exceeding a total of
three days be granted to an employee in any year.
29. State
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 26, 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) 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 child 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 paragraph:
(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.
(d) An 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 their
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
(a) 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) Use of Sick Leave of this clause, and despite the provisions of
Clause 19, 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 their 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.
30. Parental Leave
(i) Parental
Leave consists of:
(a) Maternity leave
taken by a female employee in connection with her pregnancy or birth of her
child; or
(b) Paternity
leave taken by a male nursing employee in connection with his spouse’s
pregnancy or the birth of his child; or
(c) Adoption leave
taken by female and/or male nursing employee in connection with adoption of a
child.
(d) An employee
entitled to a total of 52 weeks parental leave in connection with the birth or
adoption of a child.
(ii) Eligibility
to Parental Leave -
(a) Full Time
Employees - To be eligible for paid parental leave a full time employee must
have completed at least 40 weeks continuous service prior to the expected date
of birth or prior to the date of taking custody of the adopted child.
(b) Part-Time
Employees - To be eligible for paid parental leave a part-time employee must
have completed at least 40 weeks continuous service prior to the expected date
of birth or prior to the date of taking custody of the adopted child.
(c) Regular Casual
Employees - a regular casual employee is entitled to 12 months unpaid parental
leave only if the employee has had at least 24 months of continuous service
with the employer.
An employee who has once met the conditions for paid
parental leave will not be required to work again the 40 weeks continuous
service in order to qualify for a further period of paid parental leave,
unless;
(1) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after her/his services have been otherwise
dispensed with; or
(2) the employee
has completed a period of leave without pay of more than 40 weeks. In this
context, leave without pay does not include sick leave without pay, maternity
leave without pay, or leave without pay associated with an illness or injury
compensable under the Workers' Compensation Act 1987.
(iii) Portability
of Service for Paid Parental Leave
Portability of service for paid parental leave involves
the recognition of service with the employer for the purpose of determining an
employee's eligibility to receive paid paternity leave. For example, where an
employee moves between facilities owned by the employer, pervious continuous
service will be counted towards the service prerequisite for paid parental
leave.
(iv) Paid Parental
Leave Entitlement -
Eligible employees are entitled to paid parental leave
as follows:
(a) Paid Maternity
Leave - an employee is entitled to nine weeks at the ordinary rate of pay from
the date maternity leave commences. This leave may commence up to nine weeks
prior to the expected date of birth.
It is not compulsory for an employee to take this
period off work. However, if an
employee decides to work during this period it is subject to the employee being
able to perform satisfactorily the full range of normal duties.
Paid maternity leave may be paid:
(1) on a normal
fortnightly basis.
(2) in advance in
a lump sum.
(3) at the rate of
half pay over a period of eighteen weeks on a regular fortnightly basis.
Recreation and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid
Maternity Leave - an employee is entitled to a further period of unpaid
parental leave of not more than 12 months after the actual date of birth.
(v) Applications
for Maternity Leave
(a) An employee
who intends to proceed on maternity leave should formally notify her/his
employer of such intention as early as possible, so that arrangements
associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must
include a medical certificate stating the expected date of birth and should
also indicate the period of leave desired.
(b) Miscarriages
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions.
(c) Stillbirth
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave, subject to production of a medical certificate, or maternity leave. She
may resume duty at any time provided she produces a doctor's certificate as to
her fitness.
(d) Effect of
Premature Birth on Payment of Maternity Leave
An employee who gives birth prematurely, and prior to
proceeding on maternity leave shall be treated as being on maternity leave from
the date leave is commenced to have the child. Should an employee return to
duty during the period of paid maternity leave, such paid leave ceases from the
date duties are resumed.
(e) Illness
Associated with Pregnancy
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then she can elect to use any
available paid leave (sick, recreation and/or long service leave) or to take
sick leave without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, recreation, long service leave, or sick
leave without pay prior to the birth, such leave ceases nine weeks prior to the
expected date of birth. The employee then commences maternity leave with the
normal provisions applying.
(f) Transfer to a
More Suitable Position -
Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to satisfactorily perform. This obligation arises
from section 70 of the Industrial Relations Act 1996. A position to
which an employee is transferred under these circumstances must be as close as
possible in status and salary to her substantive position.
(vi) Paternity
Leave -
Eligible employees are entitled to paid paternity leave
as follows:
(a) Paid Paternity
Leave - an employee is entitled to nine weeks at the ordinary rate of pay from the
date parental leave commences. This leave may commence up to nine weeks prior
to the expected date of birth.
Paid paternity leave may be paid:
(1) on a normal
fortnightly basis.
(2) in advance in
a lump sum.
(3) at the rate of
half pay over a period of eighteen
weeks on a regular fortnightly basis.
Recreation and/or long service leave credits can be
combined with periods of paternity leave on half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid
Paternity Leave - an employee is entitled to a further period of unpaid
paternity leave of not more than 12 months after the actual date of birth.
(vii) Applications -
(a) An employee
who intends to proceed on paternity leave should formally notify her/his
employer of such intention as early as possible, so that arrangements
associated with his absence can be made.
(b) Written notice
of not less than eight weeks prior to the commencement of the leave should
accordingly be given. This notice must include a medical certificate stating
the expected date of birth and should also indicate the period of leave
desired.
(viii) Adoption Leave
-
(a) Eligibility -
To be eligible for paid adoption leave an employee must
have completed at least 40 weeks continuous service (or 40 weeks continuous
service for permanent part-time employees as specified) prior to the date of
taking custody of the child.
An employee who has once met the conditions of paid
adoption leave, will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless;
(1) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been otherwise
dispensed with; or
(2) the employee
has completed a period of leave without pay of more than 40 weeks. In this
context, leave without pay does not include sick leave without pay, maternity
leave without pay, or leave without pay associated with an illness or injury
compensable under the Workers Compensation Act 1987.
(b) Entitlement -
(1) Paid Adoption
Leave - an employee is entitled to paid adoption leave of nine weeks at the
ordinary rate of pay from and including the date of taking custody of the
child.
Paid adoption leave may be paid:
(i) on a normal
fortnightly basis.
(ii) in advance in
a lump sum.
(iii) at the rate
of half pay over a period of eighteen
weeks on a regular fortnightly basis.
Recreation and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to
remain on full pay for that period.
(2) Unpaid
Adoption Leave -
Eligible employees are entitled to unpaid adoption
leave as follows:
(i) where the
child is under the age of 12 months - a period of not more than 12 months from
the date of taking custody;
(ii) where the
child is over the age of 12 months - a period of up to 12 months, such period
to be agreed upon by both the employee and the employer.
(iii) Applications
-
Due to the fact that an employee may be given little
notice of the date of taking custody of a child, employees who believe that, in
the reasonably near future, they will take custody of a child, should formally notify
the employer as early as practicable of the intention to take adoption leave.
This will allow arrangements associated with the adoption leave to be made.
(ix) General
Conditions
(a) Variation
after Commencement of Parental Leave -
After commencing parental leave, an employee may vary
the period of her/his parental leave, once without the consent of her employer
and other wise with the consent of her employer. A minimum of 4 weeks notice
must be given, although an employer may accept less notice if convenient.
The conditions relating to variation of parental leave
are derived from Section 64 of the Industrial Relations Act 1996.
(b) Staffing Provisions -
Any person who occupies the position of an employee on
parental leave must be informed that the employee has the right to return to
his/her former position. Additionally, since an employee has the right to vary
the period of their parental leave, offers of temporary employment should be in
writing, stating clearly the temporary nature of the contract of
employment. The duration of employment
should be also set down clearly; to a fixed date or until the employee elects
to return to duty, whichever occurs first.
(c) Effect of
Parental Leave on Accrual of Leave, Increments etc. -
When the employee has resumed duties, any period of
full pay leave is counted in full for the accrual of recreation leave and any
period of parental leave on half pay is taken into account to the extent of one
half thereof when determining the accrual of recreation leave.
Except in the case of employees who have completed ten
years' service the period of parental leave without pay does not count as
service for long service leave purposes. Where the employee has completed ten
years' service the period of parental leave without pay shall count as service provided such leave does not exceed
six months.
Parental leave without pay does not count as service
for incremental purposes. Periods of
parental leave at full pay and at half pay are to be regarded as service for
incremental progression on a pro-rata basis.
Where public holidays occur during the period of paid
parental leave, payment is at the rate of parental leave received i.e., public
holidays occurring in a period of full pay maternity leave are paid at full
rate and those occurring during a period of half pay leave are paid at half
rate.
(d) Right to
Return to Previous Position -
An employee returning from parental leave has the right
to resume his/her former position.
Where this position no longer exists the employee is
entitled to be placed in a position nearest in status and salary to that of
his/her former position and for which the employee is capable or qualified.
(e) Return for
Less than Full Time Hours -
Employees may make application to their employer to
return to duty for less than the full time hours they previously worked by
taking weekly leave without pay. Such
return to work is to be according to the following principles:
The period is to be limited to 12 months after which
full time duties must be resumed;
The employee is to make an application for leave
without pay to reduce her/his full time weekly hours of work. This application should be made as early as
possible to enable the employer to make suitable staffing arrangements. At
least four weeks notice must be given;
The quantum of leave without pay to be granted to
individual employees is to be at the absolute discretion and convenience of the
employer;
Salary and other conditions of employment are to be
adjusted on a basis proportionate to the employees full time hours of work;
i.e., for long service leave the period of service is to be converted to the
full-time equivalent, and credited accordingly.
It should be noted that employees who return from
maternity leave under this arrangement remain full-time employees. Therefore
the payment of any part-time allowance to such employees does not arise.
(f) Further
Pregnancy While on Parental Leave -
Where an employee, spouse/partner of an employee becomes
pregnant or adoption of a child whilst on parental leave, a further period of
parental leave may be granted. Should this second period of parental leave
commence during the currency of the existing period of parental leave, then any
residual maternity leave from the existing entitlement lapses.
(g) Liability for
Superannuation Contributions -
During a period of unpaid parental leave, the employee
will not be required to meet the employer's superannuation liability.
(x) Lactation
Provisions
(a) Employees who
are lactating shall be entitled to one paid break of 30 minutes per shift for
the purpose of expressing their milk or breast feeding their child, and the
employer shall provide access to suitable facilities for such purpose.
31. Learning and
Development Leave
Part 1 - General
Learning and Development Leave provisions
(i) Leave for
Learning and Development applies to external courses offered by educational
institutions or registered training organisations, conferences, seminars and
short courses. Leave of this nature is provided to assist employees to access
learning and development opportunities so that the employer has an
appropriately trained workforce to meet its service delivery needs.
(ii) Leave is not
required for in -house courses or activities and any mandatory training and
education that are undertaken by employees on a routine basis, and at which
employees are considered to be on-duty:
(iii) Access to
learning and development leave is at the discretion of the employer and is only
available to permanent staff on a pro rata basis. Leave shall be limited to up
to 6 days per annum or pro rata.
(iv) The employer
shall develop a learning and development leave policy, training plan and budget
consistent with the current and future training requirements of the nursing
staff and protocols for accessing learning and development leave. In developing
the policy training plan, the employer shall have regard to the organizational,
departmental and individual learning and development needs.
(v) A Training
Committee comprising of equal management and nursing representatives shall
review and monitor the employer’s training and education policy. The Training
Committee shall make recommendations in relations to access and availability of
learning opportunities for nursing staff.
(vi) For compulsory
residential attendance, up to 6 days per annum or pro rata will be provided
subject to the submission of satisfactory evidence confirming the compulsory
nature of attendance.
(vii) Leave for
Thesis or Research will be considered on merit and the quantum and approval of
such leave will be entirely at the discretion of the employer.
(viii) Leave is not
approved for failed or repeated subjects.
(ix) Leave approved
for the purposes of learning activities is to be paid on the basis of the
employees ordinary rate of pay in accordance with this Award excluding penalty
rates or overtime.
(x) Employees
should plan for this leave as far in advance as possible and provide a minimum
of one (1) months notice.
Part 2 - Training
for Assistant In Nursing
(i) Each employer
shall make a minimum of 12 hours training available per annum to Assistant in
Nursing.
(ii) Each employee
shall provide their employer details of their attendance at in-service training
and the employer shall keep a record of this attendance.
(iii) Upon
termination of the employee’s employment the employer shall provide to the
employee a written statement of the hours of in-service training attended by
the employee.
(iv) Where
practicable, such training shall be provided to employees during normal
rostered hours of work. Where it is not practicable to provide such training
during the normal rostered hours of work then:
(a) Employees
shall attend in-service training outside their normal rostered working hours
when required to do so by the employer.
(b) An employer
shall provide employees with two (2) weeks notice of the requirement to attend
training outside of their normal rostered working hours.
(c) Notwithstanding
Clause 19, Overtime, attendance at such training shall be paid at ordinary
rates.
(d) Notwithstanding
subclause (iv) of Clause 4, Hours of Work and Free Time of Employees Other Than
Directors of Nursing, attendance at such in-service training outside the normal
rostered working time of an employee shall not affect the ordinary rate of pay
paid to the employee during normal rostered working time.
32. Staff Amenities
The employer shall provide for the use of employees:
(i) A suitable
changing room and adequate washing and toilet facilities;
(ii) A full-length
locker fitted with lock and key or other suitable place for the safe keeping of
clothing and personal effects of such employee;
(iii) An employer
shall provide for an employee morning and afternoon tea, supper and early
morning tea (which shall include tea or coffee together with milk and (sugar)
when the employee is on duty, at times appropriate for the partaking thereof,
and shall provide also for such an employee, who requires them, meals of a
reasonable standard, which fall due during the duty period, and for such meals
so provided may make a charge, provided that the charge for breakfast shall be
the sum set out in Item 18 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates and the sum set out in Item 19 of Table 2 for other meals. The
charges referred to in this subclause are to be adjusted in accordance with the
movement in wage rates following State Wage Case decisions. The employers are
entitled to set prices for meals at a level to cover labour and ingredient
costs.
33. Special
Provisions Relating to Trainee Enrolled Nurses
This clause does not apply to part-time employees.
(i) Where a
trainee enrolled nurse has transferred from one training school to another, the
time allowed by the Board in the first training school shall be counted in
computing salary.
(ii) A trainee
enrolled nurse, who is absent from training for not more than two weeks,
exclusive of annual leave, in any period of twelve months training shall, for
the purpose of annual increase in salary under Clause 9, Salaries, of this
award, be deemed to have completed the particular year of training twelve
calendar months after the commencement thereof notwithstanding such absence,
but if absent for more than the aforesaid time in any such period the
particular year of training shall not be deemed to have been completed until
the employee has served the actual period of excess of such time.
34. Escort Duty
(i) Periods
during which an employee, other than Director of Nursing, is engaged in nursing
duties, viz, in attendance on a patient, shall be paid as working time under
this award. Where applicable, overtime
shall be payable.
(ii) All
reasonable out-of-pocket expenses shall be reimbursed.
(iii) Rostered time
shall be paid as such even though an employee may be travelling, in hotel/motel
accommodation, or waiting for transport.
(iv) In respect of
non-rostered time not spent in nursing duties:
(a) Periods in
hotel/motel accommodation or waiting for transport shall not be counted as
working time;
(b) Periods in
travelling shall count as working time.
35. Directors of
Nursing, Deputy Director of Nursing and Assistant Directors of Nursing
(i) The following
appointments shall be made in health care and aged care facilities with
adjusted daily averages of occupied beds as specified hereunder:
All licensed health care facilities shall have a
Director of Nursing appointed.
Less than 40 beds a Deputy Director of Nursing except
where
(a) the Registered
Nurses at the hospital are all given the same duties and no Registered Nurse is
delegated Deputy Director of Nursing duties; and
(b) the Director
of Nursing perceives no requirement for a Deputy Director of Nursing to be
employed.
40 beds and over but less than 75 beds a Deputy
Director of Nursing except where:
(a) at least two
full time equivalent Nursing Unit Managers are employed; and
(b) the Director
of Nursing perceives no requirement for a Deputy Director of Nursing to be
employed.
75 beds and over but:
less than 150 beds a Deputy Director of Nursing
150 beds and over a Deputy Director of Nursing, and one
or more Assistant Directors of Nursing.
Provided that no Deputy Director of Nursing employed as
at 1 January 1998 shall be dismissed or demoted as a result of the
implementation of this clause.
(ii) Appointments
under subclause (i) of this clause shall be made within two calendar months of
the date this award becomes operative and thereafter within two calendar months
of the occurrence of a vacancy. In default of appointment within the said
period of two calendar months of the occurrence of a vacancy, the registered
nurse employed as such or in a higher classification who has customarily
relieved, in the vacant position, or if no one has so customarily relieved, the
registered nurse employed in the same or the next senior classification at the
hospital, shall be deemed to be appointed until such time as another
appointment is made by the health or aged care facility.
(iii) This clause
shall not apply to a health or aged care facility using members, novices or
aspirants of religious orders where a member of an order carries out the duties
under this clause of an Assistant Director of Nursing or Deputy Director of
Nursing.
36. Proportion
Except in cases of emergency not more than four enrolled
nurses and/or assistants-in-nursing to each registered nurse shall be employed
in a health or aged care facility and for this purpose a director of nursing
shall count; provided that the proportions specified by this clause may be
altered in respect of any particular hospital by agreement between the employer
concerned and the New South Wales Nurses' Association.
37. Medical
Examination of Nurses
On commencement of employment the employee shall be notified
of the availability of the following provisions, which the employer shall
provide at the request of the employee:
(i) For
protection against tuberculosis:
(a) Before a nurse
commences duty, a PA chest x-ray examination of the nurse unless a
radiologist's report of a normal chest x-ray taken within the previous six
months is available.
(b) As soon as
practicable after the nurse commences duty, a Mantoux test on the nurse, then:
(1) where the Mantoux
test is negative, immunisation with BCG vaccine;
(2) where the
Mantoux test is positive (otherwise than as a result of BCG vaccination),
referral to a chest clinic for assessment.
(c) A Mantoux test
annually to:
(1) previously
Mantoux-negative nursing staff;
(2) nursing staff
whose Mantoux reaction has been converted by BCG vaccination.
(d) A chest x-ray
annually to nursing staff whose Mantoux reaction is positive (otherwise than as
a result of BCG vaccination).
(e) Where a nurse
has been caring for open tuberculosis cases, a PA chest x-ray examination of
the nurse one year after completion of employment.
(ii) For
protection against other communicable diseases:
(a) where a nurse
has not had a complete course of immunisation against diphtheria, tetanus,
poliomyelitis, measles, mumps and hepatitis, immunisation against those
diseases;
(b) booster
immunisation against tetanus at 10-year intervals;
(c) a rubella
antibody test and, where a nurse has a negative result, rubella immunisation.
(iii) For
protection against radiation exposure, nurses required to work in close
proximity to a source of ionising radiation should be provided with a film
badge or personal radiation dosimeter, and a record should be maintained of the
radiation exposure measured by such film badge or dosimeter.
(iv) The costs
involved in the various screening and protection procedures should be borne by
the employer.
38. Domestic Work
(i) Except as
hereinafter provided, nurses, student nurses, trainee enrolled nurses, enrolled
nurses and assistants-in-nursing shall not be required to perform, as a matter
of routine, the following duties, viz: washing, sweeping, polishing and/or
dusting of floors, walls or windows of wards, corridors, annexes, bathrooms or
verandas, nor any duties which are generally performed by classifications other
than nursing staff: but this provision shall not preclude the employment of
nurses, student nurses, trainee enrolled nurses, enrolled nurses and
assistants-in-nursing on any of such duties in an isolation block or where the
performance of those duties involves disinfection.
(ii) Nothing in
subclause (i) of this clause shall preclude a student nurse, trainee enrolled
nurse, enrolled nurse or an assistant-in-nursing from being required to perform
all or any of the specified duties during the first thirteen weeks of training
or experience, as the case may be.
(iii) Nothing in
subclause (i) of this clause shall preclude any employee from being required to
perform all or any of the specified duties at any time when domestic staff is
not available to perform them; provided that the employer has made all
reasonable efforts to obtain domestic staff.
39. Branch Officials
(i) The
accredited Branch officials or an accredited delegate of the Branch/workplace
shall be allowed to approach or be approached by a member of the Association to
discuss any matter related to the member’s employment, at any time during
working hours.
(ii) The Branch
officials or an accredited delegate shall be entitled to confer with management
during working hours, without loss of pay, on any matter affecting or likely to
affect in any way members of the Association employed by Catholic Health Care
Services Ltd.
(iii) The employer
shall recognise Branch Officials and accredited delegates elected in accordance
with the rules of the Association, and undertakes to permit such Branch
Officials and delegates to perform their role without discrimination in their
employment.
(iv) The employer
will consult with Branch Officials and accredited delegates prior to
introducing any significant change which will, or likely to impact on
employment levels, work processes, employee duties or other employment-related
issues.
(v) The employer
will give Branch Officials or accredited delegates paid leave of up to 2 days
per annum to attend the Association’s Branch Officials Training program, or
Annual Conference, or Committee of Delegates and/or Council.
(vi) The Branch
Officials and accredited delegates shall be entitled to facilitate four paid
union meeting’s per year for up to one hour each to discuss issues with nursing
employees.
40. Labour
Flexibility
An employer may direct an employee to carry out duties as
are within the limits of the employee's skill, competence and training. Such duties
may include work which is incidental or peripheral to the employee's main tasks
provided that such duties are not designed to promote deskilling nor are
inconsistent with Clause 38, Domestic Work.
Any employer may direct an employee to carry out duties and
use such equipment as may be required provided that the employee has been
properly trained or has otherwise acquired the necessary skills in the use of
such equipment. Any such direction issued by the employer shall be consistent
with the employer's responsibility to provide a safe and healthy working
environment for employees and the employer's duty of care to patients.
41. Termination of
Employment
(i) Except for
misconduct justifying summary dismissal, the services of an employee shall be
terminated only by fourteen days notice or by the payment of fourteen days
salary in lieu thereof in the case of an employee other than a director of
nursing, and by twenty eight days notice or by the payment of twenty eight days
salary in lieu thereof in the case of a director of nursing.
(ii) No employee
shall, without the consent of the employer, resign without having given
fourteen days notice (or in the case of a director of nursing, twenty eight
days notice) of intention so to do or forfeiting salary earned during the pay
period current at the time of resignation; provided that in no circumstances
shall the employee other than a Director of Nursing forfeit more than fourteen
days pay, and a director of nursing more than twenty eight days pay at the rates
prescribed for her or his classification by Clause 9, Salaries, of this Award.
(iii) Upon the
termination of the services of an employee the employer shall furnish the
employee with a written statement, surely signed by or on behalf of the
employer, setting out the period of the employment and the capacity in which
the employee was employed.
(iv) Employees who
have accrued additional days off duty pursuant to subclause (vii) of Clause 4,
Hours of Work and Free Time of Employees Other Than Directors of Nursing, shall
be paid for such accrued time at ordinary rate of pay upon termination.
42. Award Benefits to
be Continuous
(i) In the event
of any change in ownership licensee or management of any hospital or
institution covered by this award, all employee rights and benefits provided by
this award shall continue as if no such change in ownership, licensee or
management had taken place
Where such changes do occur, no employee shall be paid
out for accrued annual leave, long service leave or any other benefit, but such
benefits shall be continuous.
(ii) No employee,
full-time or part-time, shall be terminated or required to take leave without
pay where such termination or leave is used to avoid the requirements of any
Act or to avoid payment of any rights or benefits provided by this award.
43. Right of Entry
See section 297 of the Industrial Relations Act 1996.
44. Exemptions
This award shall not apply to
Members, novices, or aspirants of religious orders in
hospital.
45. Attendance at Meetings
and Fire Drills
(i) Any employee
required to work outside the ordinary hours of work in satisfaction of the
requirements for compulsory fire safety practices (fire drill and evacuation
procedures) contained from time to time within the Private Hospitals and Day
Procedure Centres Act 1988, and the regulations made thereunder, shall be
entitled to be paid the "ordinary rate" for the actual time spent in
attendance at such practices. In lieu of receiving payment, employees may with
the agreement of the employer be permitted to be free from duty for a period of
time equivalent to the period spent in attendance at such meetings. Such time
spent in attendance shall not be viewed as overtime for the purposes of this
award.
(ii) Any employee
required to attend Occupational Health and Safety Committee and/or Board of
Management meetings in the capacity of employee representative shall, if such
meetings are held outside the ordinary hours of work, be entitled to receive
payment at the "ordinary rate" for the actual time spent in
attendance at such meetings. In lieu of
receiving payment, employees may with the agreement of the employer be
permitted to be free from duty for a period of time equivalent to the period
spent in attendance at such meetings. Such time spent in attendance shall not
be viewed as overtime for the purposes of this award.
(iii) For the
purposes of this clause "ordinary rate" shall include amounts payable
under Clause 9, Salaries, and subclauses (i) and (ii) of Clause 13, Special
Allowances of this Award; plus, where appropriate, the 10% loading prescribed
in Clause 23 Part-time, Casual and Temporary Employees of this Award for
employees engaged otherwise than as a full-time or permanent part-time
employee.
46. Resolution of
Disputes and Grievances
(i) With a view
to an amicable and speedy settlement of all disputes, which cannot be resolved
between the employees or their representatives and the supervising staff, such
dispute shall be referred to the management of the facility who will arrange
for the matter to be discussed with the employee concerned and a representative
or representatives of the Association.
(ii) Failing
settlement of the issue at this level the matter shall be submitted to a
committee consisting of not more than four members, two of whom shall be
appointed by the employer and two by the Association.
(iii) Whilst these
procedures are continuing no stoppage of work or any form of ban or limitation
of work shall be applied.
(iv) The status quo
shall remain whilst these procedures are being followed. For this purpose
‘status quo’ means the work procedures and practices in place:
(a) immediately
before the issue arose; or
(b) immediately
before any change to those procedures or practices, which caused the issue to arise,
was made.
(v) The
Association reserves the right to vary this procedure where it is considered a
safety factor is involved.
(vi) Throughout all
stages of these procedures, adequate records must be kept of all discussions.
(vii) This clause
shall not interfere with the right of either party to institute proceedings for
the determination of any matter in accordance with the Industrial Relations
Act 1996.
47.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award 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. Section 56(d) of the Anti-Discrimination
Act 1977 provides:
(b) "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".
48. Enterprise
Arrangements
Part 1 - Parties
(i) As part of
the Structural Efficiency exercise and as an ongoing process, improvements in
productivity and efficiency, discussion should take place at an enterprise to
provide more flexible working arrangements, improvement in the quality of
working life, enhancement of skills, training and job satisfaction, and
positive assistance in the restructuring process and to encourage consultation
mechanisms across the workplace to all employees in an enterprise and
consideration of a single bargaining unit in all multi-union/union award
workplaces. Union delegates at the place of work may be involved in such
discussions.
(ii) The terms of
any proposed genuine arrangement reached between an employer and employee(s) in
any enterprise shall, after due processing, substitute for the provisions of
this award to the extent that they are contrary provided that:
(a) A majority of
employees affected genuinely agree.
(b) Such
arrangement is consistent with the current State Wage Case principles.
(iii)
(a) Before any
arrangement requiring variation to the award is signed and processed in
accordance with Part 2, details of such arrangements shall be forwarded in
writing to the union or unions with members in that enterprise affected by the
changes and the employer association, if any, of which the employer is a
member. A union or an employer association may, within 14 days thereof, notify
the employer in writing of any objection to the proposed arrangements including
the reasons for such objection.
(b) When an
objection is raised, the parties are to confer in an effort to resolve the
issue.
Part 2 -
Procedures to be followed
Such enterprise arrangements shall be processed as follows:
(i) All employees
will be provided with the current prescriptions (eg. award, industrial agreement or enterprise arrangement) that apply
at the place of work.
(ii)
(a) Where an
arrangement is agreed between the employer and the employees or their
authorised representative at an enterprise, such arrangement shall be committed
to writing.
Where the arrangement is agreed between the employer
and an absolute majority of permanent employees under this award at an
enterprise, such arrangement shall be committed to writing.
(b) The authorised
representative of employees at an enterprise may include a delegate, organiser
or official of the relevant union if requested to be involved by the majority
of employees at the establishment.
(iii) The
arrangement shall be signed by the employer, or the employer's duly authorised
representative, and the employees, or their authorised representative with whom
agreement was reached.
(iv) Where an
arrangement is objected to in accordance with paragraph (a) of subclause (iii)
of Part 1 Parties of this Clause and the objection is not resolved, an employer
may make application to the Industrial Relations Commission to vary the award
to give effect to the arrangement.
(v) The union
and/or employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(vi) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Relations Commission to have the arrangement approved and the award
varied in the manner specified in paragraph (vii) of this subclause. Such applications are to be processed in
accordance with the appropriate State Wage Case Principles.
(vii) Where an
arrangement is approved by the Industrial Relations Commission and the
arrangement is contrary to any provisions of the award, then the name of the
enterprise to which the arrangement applies, the date of operation of the
arrangement, the award provisions from which the said enterprise is exempt, and
the alternative provisions which are to apply in lieu of such award provisions
(or reference to such alternative provisions), shall be set out in a schedule
to the award.
(viii) Such
arrangement when approved shall be displayed on a notice board at each
enterprise affected.
(ix) No existing
employee shall suffer a reduction in entitlement to earnings, award or over
award, for working ordinary hours of work as the result of any award changes
made as part of the implementation of the arrangement.
49. Leave Reserved
Leave is reserved for the parties to the award to introduce
a qualification allowance for Assistant In Nursing - Certificate III course.
50. Workplace
Consultative Committee
A committee of up to six (6) nursing staff comprising a cross
section of nursing work areas and classifications shall be formed to consider
and make recommendations to the employer, annually, in respect of priority
areas for allocation of savings accrued as a result of remuneration packaging
of staff.
51. Relationship With
Awards
This enterprise award must be read and interpreted in
conjunction with the following awards;
(i) The
redundancy and workplace change provisions shall be in accordance with the
Nurses’ (Private Sector) Redundancy (State) Award, as varied from time to time,
and
(ii) The
traineeship provisions shall be in accordance with the Nurses’ (Private Sector)
Training Wage (State) Award, as varied from time to time; and
(iii) The
superannuation provisions shall be in accordance with the Private Hospital
& Nursing Home Nurses’ Superannuation (State) Award, as varied from time to
time.
52. Area, Incidence
and Duration
(i) This
enterprise award shall apply to all nursing staff engaged and employed by
Catholic Health Care Services Ltd or Hawkesbury District Health Service
Ltd. It shall not apply to or be
binding on nursing staff employed by Catholic Health Care Services Ltd or
Hawkesbury District Health Service Ltd that are covered by the Public Hospital
Nurses (State) Award
(ii) This enterprise
award supersedes the Private Hospital Industry Nurses’ (State) Award published
24 August 2001 (327 I.G. 1) as varied, Nursing Homes &c., Nurses’ (State)
Award published 22 January 1999 (308 I.G 45) as varied and the Catholic Health
Care Services Nurses' Enterprise (State) Award 2001 published 22 March 2002
(332 I.G. 1), as it applies to employees employed under this award.
(iii) It shall take
effect in respect to Column 1 of Tables 1 and 2 of Part B Monetary Rates, from
the beginning of the first pay period to commence on or after 14 August 2001;
in respect to Column 2 of Tables 1 and 2 of Part B Monetary Rates, from the
beginning of the first pay period to commence on or after 1 January 2002; in
respect to Column 3 of Tables 1 and 2 of Part B Monetary Rates, from the
beginning of the first pay period to commence on or after 1 January 2003; and
in respect to Column 4 of Tables 1 and 2 of Part B Monetary Rates, from the
beginning of the first pay period to commence on or after 1 July 2003.
(iv) The award shall
take effect from the first full pay period to commence on or after 14 August
2001 and shall remain in force until 31 January 2004 and thereafter until
rescinded by the Commission.
(v) The changes made
to the Award pursuant to the Award Review under Section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles of Review of Awards
made by the Industrial Relations Commission of New South Wales on 14 August
2001 (332 IG 1) take effect from 23 November 2004. This Award remains in force
until varied or rescinded, the period for which it was made having already
expired.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Private Hospitals
|
Nursing Homes -
Aged
|
|
|
Care Facilities
|
|
$
|
$
|
Assistant in Nursing/Trainee
|
|
|
Enrolled Nurse - under 18 years of age
|
|
|
First year of experience
|
450.20
|
424.70
|
Second year of experience
|
470.00
|
443.40
|
Thereafter
|
488.90
|
461.20
|
Enrolled Nurse - 18 years of age and over
|
|
|
First year of experience
|
531.10
|
501.10
|
Second year of experience
|
548.00
|
517.00
|
Third year of experience
|
565.20
|
533.20
|
Thereafter
|
582.90
|
549.90
|
Enrolled Nurse
|
|
|
First year of experience
|
651.80
|
615.00
|
Second year of experience
|
666.10
|
628.40
|
Third year of experience
|
680.50
|
642.00
|
Fourth year of experience
|
694.90
|
655.50
|
Thereafter
|
709.40
|
669.30
|
Enrolled Nurse- Special Grade
|
731.50
|
690.20
|
Nurse undergoing Pre-registration training
|
637.20
|
601.10
|
Registered Nurse
|
|
|
First year of experience
|
739.00
|
697.20
|
Second year of experience
|
779.30
|
735.20
|
Third year of experience
|
819.50
|
773.10
|
Fourth year of experience
|
862.60
|
813.80
|
Fifth year of service
|
905.30
|
854.10
|
Sixth year of service
|
948.20
|
894.50
|
Seventh year of service
|
996.80
|
940.40
|
Eighth year of service
|
1,037.90
|
979.10
|
Clinical Nurse Specialist
|
1,080.20
|
1019.10
|
Clinical Nurse Consultant
|
|
|
(appointed prior to 31/12/99)
|
1328.10
|
1253.00
|
Clinical Nurse Consultant
|
|
|
Grade 1
|
|
|
1st year
|
1,298.40
|
1,224.90
|
2nd year
|
1,324.80
|
1,249.80
|
Grade 2
|
|
|
1st year
|
1,351.10
|
1,274.70
|
2nd year
|
1,377.90
|
1,299.90
|
Grade 3
|
|
|
1st year
|
$1,430.70
|
1,349.80
|
2nd year
|
$1,457.40
|
1,374.90
|
Nurse Unit Manager
|
|
|
Level 1
|
1,301.90
|
1228.20
|
Level 2
|
1,363.80
|
1286.70
|
Level 3
|
1,400.40
|
1321.10
|
Clinical Nurse Educator
|
1,080.20
|
1019.10
|
Nurse Educator
|
|
|
1st year
|
1198.30
|
1130.40
|
2nd year
|
1232.00
|
1162.20
|
3rd year
|
1262.20
|
1190.80
|
4th year
|
1328.10
|
1253.00
|
Senior Nurse Educator
|
|
|
First year
|
1359.50
|
1283.20
|
Second year
|
1387.40
|
1309.60
|
Third year
|
1433.90
|
1353.50
|
Assistant Director of Nursing
|
|
|
100 beds and over
|
1400.40
|
1321.10
|
Deputy Director of Nursing
|
|
|
Less than 100 beds
|
1363.80
|
1286.70
|
100 beds, less than 200 beds
|
1399.60
|
1321.10
|
200 beds, less than 250 beds
|
1433.90
|
1353.50
|
250 beds, less than 350 beds
|
1487.40
|
1404.00
|
350 beds, less than 450 beds
|
1540.70
|
1454.30
|
450 beds, less than 750 beds
|
1597.60
|
1508.00
|
750 beds and over
|
1659.70
|
1566.60
|
Director of Nursing or Subsidiary Hospital
|
|
|
Director of Nursing -
|
|
|
Less than 25 beds
|
1404.70
|
1325.90
|
25 beds, less than 50 beds
|
1489.34
|
1403.90
|
50 beds, less than 75 beds
|
1521.65
|
1434.30
|
75 beds, less than 100 beds
|
1519.10
|
1464.10
|
100 beds, less than 150 beds
|
1595.70
|
1506.20
|
150 beds, less than 200 beds
|
1649.00
|
1556.50
|
200 beds, less than 250 beds
|
1702.50
|
1607.00
|
250 beds, less than 350 beds
|
1766.50
|
1667.40
|
350 beds, less than 450 beds
|
1956.30
|
1846.50
|
450 beds, less than 750 beds
|
1981.60
|
1870.50
|
750 beds and over
|
2106.00
|
1987.90
|
Table 2 - Other
Rates and Allowances
Item
|
Clause
|
Brief Description
|
Private Hospitals
|
Nursing Homes -
Aged
|
No.
|
No.
|
|
|
Care Facilities
|
|
|
|
$
|
$
|
1
|
13(i)(a)
|
In charge of Hospital
|
21.13 per shift
|
18.25 per shift
|
2
|
13(i)(b)
|
In charge of ward/unit
|
|
|
|
|
in absence of NUM
|
21.13 per shift
|
18.25 shift
|
3
|
13(ii)(a)
|
On Call
|
18.48 per 24 hrs or
|
16.00 per 24 hrs or
part
|
|
|
|
part thereof
|
thereof
|
4
|
13(ii)(b)
|
On call on rostered
|
37.04 per 24 hrs or
|
32.00 per 24 hrs or
part
|
|
|
days off
|
part thereof
|
thereof
|
5
|
13(ii)(c)
|
On call during meal break
|
9.09 per meal break
|
8.49 per meal break
|
6
|
13(iii)(a)
|
Radiographic
|
|
|
|
|
allowance DON
|
25.78 per week
|
23.67 per week
|
7
|
13(iii)(c)
|
Radiographic allowance
|
|
|
|
|
in absence of DON
|
5.25 per day
|
4.82 per day
|
8
|
13(iii)(c)
|
Radiographic allowance in
|
|
|
|
|
absence of DON- maximum
|
25.78 per week
|
23.67 per week
|
9
|
13(iv)
|
Lead Apron
|
1.28 per hour or
part
|
1.17 per hour or
part
|
|
|
Allowance
|
thereof
|
thereof
|
10
|
13(v)(a)
|
In charge of ward/unit
|
31.72 per shift
|
25.50 per shift
|
|
|
and hospital
|
|
|
11
|
17(iii)(a)
|
Uniforms
|
4.99 per week
|
4.99 per week
|
12
|
17(iii)(a)
|
Shoes
|
1.55 per week
|
1.55 per week
|
13
|
17(iii)(b)
|
Stockings
|
2.59 per week
|
2.59 per week
|
14
|
17(iii)(c)
|
Cardigan or jacket
|
1.50 per week
|
1.50 per week
|
15
|
17(iii)(d)
|
Laundry
|
4.16 per week
|
4.16 per week
|
16
|
17(iii)(f)
|
Socks
|
0.51 cents per week
|
0.51 cents per week
|
17
|
19(vii)
|
Meal allowance overtime
|
13.80 per meal
|
13.80 per meal
|
18
|
32(a)(3)
|
Breakfast
|
2.75 per meal
|
2.75 per meal
|
9
|
32(a)(3)
|
Other meals
|
4.97 per meal
|
4.97 per meal
|
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.