DIVISIONS OF GENERAL PRACTICE (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, industrial organisation of employees.
(No. IRC 6611 of 2004)
Before Commissioner
Patterson
|
15 December 2004
|
AWARD
PART A
1. Title
This award shall be known as the Divisions of General
Practice (State) Award.
2. Parties
This award shall be binding upon:
(a) the employers
named:
Bankstown Division of General Practice;
Barrier Division of General Practice Ltd;
Barwon Division of General Practice;
Blue Mountains Division of General Practice;
Canterbury Division of General Practice;
Central Coast Division of General Practice;
Dubbo/Plains Division of General Practice;
Eastern Sydney Division of General Practice;
Genprac Ltd, t/a The Tweed Valley Division of General
Practice;
Hastings Macleay Division of General Practice;
Hawkesbury Division of General Practice;
Hornsby Ku-ring-gai Ryde Division of General Practice;
Hunter Rural Division of General Practice Ltd;
Illawarra Division of General Practice;
Murrumbidgee Division of General Practice Ltd;
Nepean Division of General Practice;
New England Division of General Practice;
North West Slopes (NSW) Division of General Practice
Ltd;
NSW Central West Division of General Practice;
Northern Rivers Division of General Practice;
Northern Sydney Division of General Practice Inc.;
Riverina Division of General Practice & Primary Health
Ltd;
St George District Division of General Practice Inc.;
South East NSW Division of General Practice Ltd;
South Eastern Sydney Division of General Practice Inc.;
Sutherland Division of General Practice Inc.;
Western Sydney Division of General Practice.
(b) the employees
of the employers named; and
(c) the Unions
named:
Health Services Union; and
New South Wales Local Government, Clerical,
Administrative, Energy, Airlines and Utilities Union (USU).
3. Preamble
This award has been made to address the needs of, and to
bind, the named New South Wales Divisions of General Practice in their role as
employers. Divisions of General
Practice, established by the Commonwealth Government, are funded on an outcomes
basis by the Commonwealth Government.
The parties recognise the impact of Divisions’ subsequent
contractual obligations to the Commonwealth Government. In particular, the parties recognise the
contractual limitations imposed on Divisions in relation to the employment of
staff.
4. Arrangement
Clause No. Subject Matter
PART A
1. Title
2. Parties
3. Preamble
4. Arrangement
5. Definitions
6. No
Disadvantage
SALARIES AND
ALLOWANCES
7. Payment
and Particulars of Salaries
8. Classification
System
9. Higher-Level
Duties
CONTRACT OF
EMPLOYMENT
10. Forms of
Employment
11. Probation
12. Redundancy
13. Termination
of Employment
LEAVE
14. Annual
Leave
15. Annual
Leave Loading
16. Bereavement
Leave
17. Emergency
Services and Defence Training Leave
18. Jury
Service
19. Learning
and Career Development Leave
20. Leave
Without Pay
21. Long
Service Leave
22. Parental
Leave
23. Personal/Carer’s
Leave
24. Public
Holidays
25. Sick Leave
PATTERNS OF WORK
26. Hours of
Work
27. Overtime
and Time in Lieu
INDUSTRIAL CONSIDERATIONS
28. Anti-Discrimination
29. Appointments,
Promotions and Promotion Appeal Procedures
30. Union
Representative
31. Performance
Counselling and Disciplinary Procedures
32. Introduction
of Major Change
33. Labour
Flexibility
34. Notice
Board
35. Outside
Work
36. Travel
Expenses
37. Superannuation
38. Disputes
Prevention and Settlement Procedure
39. Reasonable
Hours
PART B
SALARY RATES AND
RELATED MATTERS
40. Salary
Rates
41. Salary
System
42. Area,
Incidence and Duration
5. Definitions
"Consultation" means conferring and deliberating
between two or more people who share all of the relevant information which they
need to form a view or make a decision.
"Division" means one of the New South Wales
Divisions of General Practice who are party to this award.
"Designated manager" means the Chief Executive
Officer, the Executive Officer or the manager with executive authority for the
Division, as delegated by the Management Committee or Board of Directors.
"Employer" means a Division.
"Employee" means any person employed by a Division
party to this award, with the exception of employees required to be registered
nurses and of General Practitioners (GPs) who work four hours or less per week
for the employer.
"Mutual agreement" means agreement that is reached
after individuals have been fully informed of the issues under consideration,
including alternatives that are available or feasible. Mutual agreement is achieved when managers
and employees have entered into arrangements after full and open discussions,
free of any coercion.
"Standard hours" are the established number of
weekly or fortnightly hours required of full time employees by each employer.
6. No Disadvantage
Nothing in this award shall be deemed or construed to reduce
the wages, conditions or allowances of any employee below that level accorded
him/her prior to the date of operation of this award.
7. Payment and
Particular of Salary
(a) Salaries shall
be paid either fortnightly or monthly or as agreed between the employer and the
majority of employees.
(b) Employees
shall have their salary paid by cheque or paid into accounts with banks or
other financial institutions as nominated by the employee. When paid into accounts, salaries shall be
deposited in sufficient time to ensure that they are available for withdrawal
by employees no later than pay day.
(c) On each pay
day an employee shall be provided with a statement, in writing, containing the
name, the amount of ordinary salary, the total number of hours worked
(including agreed extra hours), the amount of any other moneys paid and the
purpose for which they are paid, and the amount and nature of any deductions
made from total earnings.
8. Classification
System
(a) The
classification system contained in this award will apply to each employer
respondent to this award.
(b) Each
respondent employer must classify all jobs within the levels outlined below.
(c) Levels
There are six classification levels for roles/
positions in Divisions. They are
described below:
Level I
Roles classified at Level I are required to:
demonstrate basic operational knowledge in a moderate
range of areas
apply a defined range of skills
apply known solutions to a limited range of predictable
problems
perform a range of tasks where choice between a limited
range of options is required
access and record information from varied sources
take limited responsibility for own outputs in work and
learning
Level II
Roles classified at Level II are required to:
demonstrate some relevant theoretical knowledge
apply a range of well-developed skills
apply known solutions to a variety of predictable
problems
perform processes that require a range of
well-developed skills where some discretion and judgment is required
interpret available information, using discretion and
judgment
take responsibility for own outputs in work and
learning
take limited responsibility for the output of others at
Level I
Level III
Roles classified at Level III are required to:
demonstrate understanding of a broad knowledge base,
incorporating some theoretical concepts
apply solutions to a defined range of unpredictable
problems
identify and apply skill and knowledge areas to a wide
variety of contexts with depth in some areas
identify, analyse and evaluate information from a
variety of sources
take responsibility for own outputs in relation to
specified quality standards
take limited responsibility for the quantity and
quality of output of others
Level IV
Roles classified at Level IV are required to:
demonstrate understanding of a broad knowledge base
incorporating some theoretical concepts, with substantial depth in some areas
analyse and plan approaches to technical problems or
management requirements
transfer and apply theoretical concepts and/or
technical or creative skills to a range of situations
take responsibility for own outputs in relation to
broad quantity and quality parameters
evaluate information using it to forecast for planning
or research purposes
take limited responsibility for the achievement of
group outcomes
Level V
Roles classified at Level V are required to:
demonstrate understanding of a broad knowledge base
incorporating theoretical concepts, with substantial depth across a number of
areas, and/or mastery of a specialised area with a range of skills applications
analyse and plan approaches to technical problems or
management requirements applying significant judgment in planning, designing,
technical or supervisory functions
transfer and apply theoretical concepts and/or
technical or creative skills to a broad range of situations
evaluate information using it to forecast for planning,
design, evaluation or research purposes
responsibility and accountability for output of self
and others and for a defined broad range of parameters
take responsibility for the achievement of group
outcomes
Level VI
Roles classified at Level VI are required to:
demonstrate understanding of a broad and deep knowledge
base, incorporating theoretical and abstract concepts and mastery of a
specialised area
analyse and plan approaches to technical problems and
management requirements, applying very significant judgment in planning,
designing, policy development and initiating change
transfer and apply theoretical concepts and technical
or creative skills to a very broad range of
internal and external situations
evaluate complex information, using it to forecast for
planning, design and/or management purposes
responsibility and accountability for output of self
and a significant number of others for a broad range of defined and undefined
parameters
take responsibility for the outcomes of groups,
multiple teams and/or the Division
9. Higher Level
Duties
(a) Higher Level
Duties Allowance
A Higher Duties Allowance (HDA) is a payment made to an
employee when he/she is required temporarily to perform some or all of the
duties of a higher level position.
When an employee is appointed as "Acting", to
undertake the full responsibilities of that particular role, an allowance shall
be paid pro rata for the whole of the period acting, such allowance being at
the rate of the difference of the salary of the employee so acting and the
salary attaching to the position being relieved.
(b) Overlapping
Salary Range
Where the salary ranges of the relieving employee and
the higher level position overlap, the first step in the salary range of the
higher level position which is higher than the relieving employee’s salary shall
be the basis of determining the level of HDA to be paid.
(c) Minimum Period
The minimum period for which the employee must be
required to perform the duties of the higher level position, in order to be
eligible for HDA, is five consecutive working days.
Note: Where a public holiday falls within the HDA
period, it shall be deemed not to have interrupted the period of HDA and the
employee shall be paid HDA for the public holiday.
(d) Partial
Performance
HDA may be paid at less than 100% of the allowance if
the employee is required not to assume the full duties of the role. Those duties or functions of the higher
level position which the employee is not to perform during the period of HDA
must be identified before the period of HDA commences and shall be the basis on
which the percentage of HDA to be paid is calculated.
(e) Leave
An employee who is in receipt of a Higher Duties
Allowance for a period in excess of 20 working days shall be paid such
allowance for all paid leave taken during that period.
10. Forms of
Employment
Employment may be full-time, part-time, or casual.
(a) Full-time
A full-time employee is any employee who works the
standard number of hours of work in the Division.
(b) Part-time
A part-time employee is one who is appointed by the
Division to work a specified number of hours less than those prescribed for a
full-time employee.
Part-time employees shall be paid an hourly rate
calculated on the basis of dividing the rate prescribed in Part B, Salary Rates
and Related Matters, by the standard hours of the Division, with a minimum
payment of two hours for each start.
Employees engaged on a part-time basis will receive all
terms and conditions on a pro rata basis unless these are specifically covered
elsewhere in this award.
Time worked up to the standard hours of work for the
Division 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 or remunerated
with time in lieu.
(c) Casual
A casual employee is engaged on a non-continuing basis
and required to work an irregular pattern of hours on an intermittent basis.
A casual employee shall be paid an hourly rate
calculated by dividing the appropriate rate prescribed by the number of standard
hours of the Division, plus a 20% loading in lieu of all leave entitlements
(including the 1/12th of pay allowance for annual leave) and termination
payments.
A casual employee will receive a minimum payment of two
hours for each engagement.
11. Probation
A new employee may be appointed for a probationary
period of up to three months. During
the probationary period specified (in writing), the employment may be
terminated by either party giving one weeks notice.
12. Redundancy
(a) Discussion
before Termination
(i) Where a
definite decision has been made by the Division that a particular position or
role is no longer required and the position(s) will be deleted leading to
termination of employment for one or more employees, the Division will hold
discussions with the affected employee(s) and will notify the Union. These discussions will be consistent with
clause 38, Disputes Prevention and Settlement Procedure.
(ii) These discussions
will take place as soon as practicable after the Division has made a definite
decision and should cover the following subject matters:
any reasons for the proposed termination(s);
measures to avoid or minimise termination(s);
measures to mitigate any adverse effects on the
employee(s) concerned.
(iii) For the
purposes of these discussions, the Division will provide, in writing, to the
employee(s) concerned and the Union all relevant information about the proposed
terminations, including:
the reasons for the proposed termination(s);
the number and classifications of employees likely to
be affected;
the number of employees normally employed;
the period over which the termination(s) will be
carried out.
(b) Transfer to
Lower Paid Duties
Where an employee is offered a transfer to a lower paid
position for the reason/s referred to in paragraphs (a)(i) and (ii) of this
clause, the employee shall be entitled to the same period of notice of transfer
as they would have been entitled to receive if their employment had been
terminated. Alternatively, the Division
may, at its option, make a payment to the affected employee(s) which is equal
to the difference between the former ordinary rate of pay and the new (lower)
ordinary-time rate for the number of weeks of notice still owing. This payment would be in lieu of notice
requirements.
An employee offered a transfer to a lower position will
have the option of accepting the offer or retaining entitlement to the terms
specified in this clause for employees who are retrenched.
(c) Severance Pay
In addition to the period of notice determined under
clause 13, Termination of Employment, an employee whose employment is
terminated for reasons set out in paragraph (a)(i) of this clause shall be
entitled to the following amount of severance pay in respect of continuous
service with the Division:
Period of Continuous Service
|
Under 45 years of
age
|
Over 45 years of
age
|
Less than one year
|
Nil
|
Nil
|
1 year but less than two years
|
4 weeks' pay
|
5 weeks' pay
|
2 years but less that three years
|
7 weeks' pay
|
8.75 weeks' pay
|
3 years but less than four years
|
10 weeks' pay
|
12.5 weeks' pay
|
4 years but less than five years
|
12 weeks' pay
|
15 weeks' pay
|
5 years but less than six years
|
14 weeks' pay
|
17.5 weeks' pay
|
6 years and over
|
16 weeks' pay
|
20 weeks' pay
|
(i) For the
purpose of this clause, the term "Week's Pay" will be defined as 1/52nd
of the employee’s annual rate of pay, or 1/2 of the employee’s fortnightly rate
of pay.
(ii) For the
purpose of this clause, continuous service shall be counted as all service with
the Division where there is no more than eight weeks' break between consecutive
periods. Approved leave without pay
shall be counted as valid continuous service for the purposes of this clause.
(d) Employee
Leaving during Notice Period
An employee whose employment is terminated for reasons referred
to in paragraphs (a)(i) and (ii) of this clause may terminate employment during
the notice period and, if so, shall be entitled to the same benefits and
payments under the clause as if they had remained with the Division until the
expiry date of such notice. Provided
that in such circumstances the employee shall not be entitled to payment in
lieu of notice.
(e) Alternative
Employment
The Division may make application to the Commission to
have the general severance pay prescription varied in cases where the Division
has been able to obtain suitable alternative employment for the employee(s).
(f) Time Off
during Notice Period
(i) During the
period of notice of termination given by the Division, the employee shall be
allowed up to one day’s time off without loss of pay during each week of notice
for the purpose of seeking other employment;
(ii) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the Division, be required to produce proof of attendance at
interview or he/she shall not receive payment for the time absent. For this purpose, a statutory declaration
will be sufficient.
(g) Employees
Exempted
This clause shall not apply where employment is
terminated as a consequence of conduct that justifies instant dismissal.
(h) Transmission
of Business
In the event that the Division transmits any part of
the business to another employer, an employee who was employed at the time of
the transmission:
(i) shall be
deemed to have continuous service, i.e. service shall not be deemed to have
been broken due to the transmission; and
(ii) the period of
employment which the employee has had with the Division will be deemed to be in
the service of the new employer.
(iii) In this
subclause, "transmission" includes transfer, conveyance, assignment
or succession whether by agreement or by operation of law and
"transmitted" has a corresponding meaning.
(i) Additional
Notice or Pay in lieu thereof
(i) In addition
to the period of notice determined under clause 13, Termination of Employment,
an employee whose employment is terminated for reasons referred to in subclause
(a) of this clause will be also entitled to the following additional periods of
notice, or pay in lieu thereof, by mutual agreement, as determined by the
following scale:
Period of Service
|
Period of Notice
|
Less than 1 year
|
1 week
|
1 year but less than three years
|
2 weeks
|
3 years but less than five years
|
3 weeks
|
5 years and over
|
4 weeks
|
(ii) In addition
to the notice above, employees over 45 years of age at the time of giving the notice,
with not less that two years' service, shall be entitled to an additional one
week's notice.
(iii) Notice
periods shall be worked by the employee unless by mutual agreement the
requirement to work all or part of such notice period is waived. In such instances, payment for the balance
of notice time shall be made in lieu thereof.
(j) Incapacity to
Pay
An employer, in a particular redundancy case, may make
application to the Commission to have a severance pay prescription varied on
the basis of the employer’s incapacity to pay.
13. Termination of
Employment
This clause applies to all employees except those on
probation, as specified in clause 11, Probation.
(a) Notice by
Employer
(i) If the
employee is 45 years of age or less -
Employee's Period of Continuous Service
|
Period of Notice
|
Less than 3 years
|
2 weeks' notice
|
3 years but less than 5 years
|
3 weeks' notice
|
5 years and beyond
|
4 weeks' notice
|
(ii) If the
employee is over 45 years of age -
Employee's Period of Continuous Service
|
Period of Notice
|
Less than 2 years
|
2 weeks' notice
|
2 years and less than 3 years
|
3 weeks' notice
|
3 years and less than 5 years
|
4 weeks' notice
|
5 years and beyond
|
5 weeks' notice
|
(iii) The employer
may make payment in lieu of notice.
(b) Serious
Misconduct
(i) If the
employer terminates the employment of an employee for serious misconduct, the
employer need not give advance notice nor pay for more than the time actually
worked.
(ii) The employer
must notify the Union/s within a week if the employment of a member of the
Union has been terminated because of misconduct or unsatisfactory performance.
(c) Notice by
Employees
(i) Employees
must give the employer at least two weeks' notice of termination.
(ii) If an
employee leaves without giving and working out two weeks' notice, the employee
forfeits an amount equal to the salary for the period not worked.
(d) Service
Statement
A statement of service must be provided by the employer
if requested by the employee.
14. Annual Leave
(a) Entitlement
Employees, other than casual employees, will be
entitled to annual leave without loss of pay at the rate of 20 working days per
annum for full-time employees. Such
entitlement will commence from the first day of employment.
(b) Taking of
Leave
Annual leave will be taken at times mutually convenient
to the Division and the employee.
However, if an employee has given at least one month's written notice of
intention to take annual leave, such leave will not be unreasonably refused.
Where an employee's accrued leave exceeds 40 days, the
employee will be directed to take the excess leave within six months from the
anniversary date on which it accrued.
The employer cannot otherwise direct an employee to
take annual leave without at least two months' notice and then only for a
maximum period of two weeks.
For continuing employees, the designated manager may
approve annual leave being taken in advance of the entitlement being accrued.
(c) Payment in
lieu on Termination
On termination of an employee’s service with the
Division, payment will be made for any entitlement to leave not taken, subject
to the following:
On the death of an employee, payment in lieu of accrued
leave shall be paid to the estate of the deceased.
(d) Sickness
during Leave
An employee who becomes sick during annual leave may
have the period of such illness debited to accrued sick leave credits and a corresponding
period credited to annual leave entitlements, provided that the employee
provides to the employer a certificate of sickness issued by a registered
medical practitioner, when the days of sickness exceed three.
(e) Public
Holidays during Leave
Any public holiday falling within the period of annual
leave shall not be debited from annual leave credits.
15. Annual Leave
Loading
(a) An annual
leave loading of 17.5% is payable upon and in addition to the employee’s
ordinary weekly rate prescribed in this award for the period of the annual
leave taken, when the employee takes such leave. Allowances, penalty rates, or any other payments prescribed under
this award are not to be taken into account in calculating the amount on which
the loading is payable.
(b) Loading is
also payable to an employee who takes annual leave wholly or partly in advance
during their first year of employment.
16. Bereavement Leave
An employee shall on production of satisfactory evidence be
entitled:
(a) On the death
of a partner, father, mother, brother, sister, child, stepchild, mother‑in‑law
or father‑in‑law, grandparent, grandchild, next of kin, or close
friend - to leave on full salary for a period not exceeding five days.
(b) For the
purpose of this clause the word "partner" shall include a person who
lives with, and is in a relationship with the employee, i.e. including a de
facto relationship.
17. Emergency Services and Defence
Training Leave
(a) Emergency
Services
Employees will be granted paid leave by the employer in
order that they may serve in recognised emergency services in times of
community, state or national disasters and emergencies (e.g. State Emergency
Services, Rural Fire Brigade, and St. John’s Ambulance).
(b) Defence
Training
The designated manager may approve leave on full salary
for employees who are members of the Defence Reserve, for the purposes of
attending Naval, Military or Air Force training.
(c) Service
Leave specified in subclauses (a) and (b) of this
clause will not be deducted from sick, annual, long service or any other
accrued leave.
(d) Application
Requests for emergency services or defence training
leave should have attached documentary evidence of the service performed or
required (e.g. request from the Commanding Officer of the employee’s unit).
18. Jury Service
An employee, except a casual employee, required to attend
for jury service during ordinary working hours will be reimbursed by the
Division an amount equal to the difference between the amount paid in respect
of his/her attendance for such jury service and the amount of wages the
employee would have received in respect of the ordinary time that would have
been worked had the employee not been on jury service.
An employee must notify the Division as soon as possible of
the date upon which he/she is required to attend for jury service. Further, the employee will give the Division
proof of attendance, the duration of such attendance and the amount received in
respect of such jury service.
19. Learning and
Career Development Leave
(a) Purpose
In an endeavour to provide employees with continual
learning opportunities, the employer will, whenever practicable, provide
learning time and assistance with costs for relevant courses and conferences
which will assist in the employees’ present roles and equip them to develop
their careers.
(b) Support for
Skilling and Learning
The employer will ensure that adequate skilling is provided
to ensure employees are equipped to perform their current roles.
The employer will, whenever practicable, pay for
attendance at appropriate courses, seminars or professional development
programs to ensure that employees remain up-to-date on issues relevant to their
roles and the Division’s business.
(c) Assistance
(i) The relevant
manager’s approval must be obtained prior to the commencement of the course.
(ii) This
subclause applies to any course which may be relevant to the employee’s current
position or future career with the Division.
This includes:
University degrees;
TAFE certificates/diplomas;
Specific shorter term courses;
Post graduate courses.
(d) Study Leave
Up to one day of study leave will be provided for each
subject in a course approved, as in paragraph (c)(ii) of this clause.
(e) Exam Leave
Employees will be given time off to attend any exams
falling within their ordinary working hours.
Specific additional types of learning leave are:
(f) Conference
Leave
All employees except casual employees are eligible for
conference leave.
"Conferences" will, for the purpose of this
clause, mean conferences, congresses, seminars and symposia conducted by
professional associations or learned societies on a recurrent basis - annual,
biennial, or other.
(i) Where
employees are required to attend, the costs of their attendance will be met by
the employer.
(ii) The
designated manager may give approval for employees to be granted paid leave and
travelling expenses in order to attend conferences.
(g) Professional
Development Leave
Employees may apply to the designated manager for up to
five days of paid leave per annum plus payment of relevant fees, to facilitate
their professional development and maintenance of skills relating to their
employment.
(h) External Study
Leave
(i) Purpose
It is recognised that employees periodically need to
study and work in universities, hospitals and libraries, and other
learning/teaching situations. External
study leave which provides paid leave and a travel grant may be approved for
these purposes. A submission detailing
the intended program to be submitted for consideration and approval to the
Board.
(ii) Minimum
Period
12 weeks is the minimum period which generally would be
regarded as constituting external study leave.
(iii) Resignation
during or closely following External Study Leave
External study leave is granted on the basis that the
Division will have the benefit of the employee’s services for some time after
return from external study leave.
Except in special circumstances, employees are required to provide
continuing service after external study leave for a period at least equivalent
to the period of the leave taken.
If the employee resigns during their leave or in the period
after their return equivalent to the period of the leave taken, then he/she
may, at the discretion of the Division, be required to re-pay the travel grant
to the Division.
20. Leave Without Pay
The designated manager may grant applications for leave
without pay where such applications are supported by a statement of the
circumstances and the recommendation of the employee’s team leader or
supervisor.
Periods of leave without pay will not count as service and
all entitlements will be suspended during such periods of unpaid leave, except
that periods of leave without pay of less than 20 working days will not
postpone the accrual date for long service leave.
21. Long Service
Leave
(a) Entitlement
Each employee shall be entitled to two months' (8.67
weeks) long service leave on full pay after completing ten years' service.
Then additional long service leave will accrue on the
basis of two months' long service leave on full pay for each ten years'
service.
(b) Service
For the purposes of subclause (a) of this clause:
"Service" shall mean continuous service with
the employer.
Broken periods of service with the employer shall count
as service subject to any one such break not exceeding a period of two calendar
months.
"Service" shall not include any period of
leave without pay in excess of 20 working days, except in the case of employees
who have completed at least ten years' service.
(c) Termination of
Service
(i) On
termination of employment after the completion of ten years' service - in respect
of the number of years service with the employer completed since the employee
last took long service leave, the employee will be entitled to an amount of
long service leave, proportionate on the basis of two months for ten years of
service.
(ii) Where an
employee with at least five years' service as an adult and less than ten years'
service is terminated by the Division for any reason other than the employee's
serious and wilful misconduct, or by the employee on account of illness,
incapacity or domestic or other pressing necessity, he/she will be entitled to
be paid a proportionate amount for long service leave on the basis of two
months' long service leave for ten years' service.
(iii) On the
termination of employment of an employee, otherwise than by his/her death, an
employer shall pay to the employee the monetary value of all long service leave
accrued and not taken at the date of such termination and such monetary value
shall be determined according to the salary payable to the employee at the date
of such termination.
(d) Death
Where an employee who has acquired a right to long
service leave or, after having had five years' service as an adult and less
than ten years' service, dies, payment in lieu of accrued leave shall be paid
to the estate of the deceased in accordance with the Industrial Relations
Act 1996 (NSW).
(e) When Long
Service Leave can be Taken
(i) Long service
leave will be taken at a time mutually agreed between the employer and the
employee.
(ii) Employees
intending to take long service leave shall give a minimum of four weeks'
written notice to the Division advising their intention to take such leave and
the date such leave is to commence.
(iii) The employer
may allow an employee to take long service leave before it is due.
(iv) If an employee
or the employer terminates his/her services for any reason, any amount paid for
long service leave which the employee has taken before its due date and to
which the employee is not entitled is an overpayment. The employer may subtract the amount of overpayment from any
money payable to the employee on his/her termination.
(f) How Leave is
Paid
Long service leave is paid at the employee’s ordinary
rate of salary at the time the leave is taken.
At the employer’s discretion, an employee may have
their salary for long service paid:
(i) in full when
the leave starts; or
(ii) at the time
when it is normally paid.
By mutual agreement between the employer and the employee,
the employee may have their salary for long service leave paid in any other way
agreed.
(g) Public
Holidays
Long service leave is exclusive of public holidays
falling within the period of leave in the state in which the employee works.
(h) Previous
Part-time Service
Previous part-time service with the employer will count
as service for long service leave purposes, provided that the part-time service
merges without break with the subsequent service.
(i) Transmission
of Business
In the event that the Division transmits any part of
the business to another employer, an employee who was employed at the time of
the transmission shall be deemed to have continuous service, i.e. service shall
not be deemed to have been broken due to the transmission, and
(i) The period of
employment which the employee has had with the Division will be deemed to be in
the service of the new employer.
(ii) In this
subclause, "transmission" includes transfer, conveyance, assignment
or succession whether by agreement or by operation of law and
"transmitted" has a corresponding meaning.
22. Parental Leave
Subject to the terms of this clause, employees are entitled
to maternity, paternity and adoption leave and to work part-time in connection
with the birth or adoption of a child.
(a) Definitions
For the purpose of this clause, "child" means
a child of the employee under the age of one year except for adoption of a
child where "child" means a person under the age of 18 years who is
placed with the employee for the purposes of adoption, other than a child or
stepchild of the employee or of the spouse of the employee or a child who has
previously lived continuously with the employee for a period of six months or
more.
(b) Basic
Entitlement
(i) After at least
52 weeks' continuous service, parents are entitled to a combined total of 52
weeks' parental leave on a shared basis in relation to the birth or adoption of
their child. For females, maternity
leave (up to four weeks of which are paid) may be taken and for males,
paternity leave may be taken. Adoption
leave may be taken in the case of adoption.
Except for the four weeks' paid maternity leave
entitlement, all parental leave is unpaid.
(ii) Parental
leave is to be available to only one parent at a time, except that both parents
may simultaneously access the leave in the following circumstances:
for maternity and paternity leave, an unbroken period
of one week at the time of the birth of the child;
for adoption leave, an unbroken period of up to three
weeks at the time of the placement of the child.
(c) Maternity
Leave
(i) Notice
An employee will provide to the employer at least ten
weeks in advance of the expected date of commencement of parental leave:
(a) a certificate
from a registered medical practitioner stating that she is pregnant and the
expected date of confinement;
(b) written
notification of the date on which she proposes to commence maternity leave, and
the period of leave to be taken; and
(c) a statutory
declaration stating particulars of any period of paternity leave sought or
taken by her spouse.
(ii) Date of
Commencement
Subject to paragraph (b)(i) of this clause, and unless
agreed otherwise between the employer and employee, an employee may commence
parental leave at any time within six weeks immediately prior to the expected
date of the birth.
(iii) Evidence of
Fitness
Where an employee continues to work within the six-week
period immediately prior to the expected date of birth, or where the employee elects
to return to work within six weeks after the birth of the child, an employer
may require the employee to provide a medical certificate stating that she is
fit to work on her normal duties.
(iv) Special
Maternity Leave
Where the pregnancy of an employee terminates after 28
weeks and the employee has not commenced maternity leave, the employee may take
unpaid special maternity leave of such period as a registered medical
practitioner certifies as necessary, except that, where an employee is suffering
from an illness not related to the direct consequences of the birth, an
employee may be entitled to paid sick leave in lieu of, or in addition to,
special maternity leave.
(v) Where leave is
granted under paragraph (c)(iv) of this clause, during the period of leave an
employee may return to work at any time, as agreed between the employer and the
employee, provided that time does not exceed four weeks from the recommencement
date desired by the employee.
(vi) 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, annual 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, annual, or long service leave prior to the
birth, such leave ceases two weeks prior to the expected date of birth. The employee then commences maternity leave
with the normal provisions applying.
(vii) Effect of
Premature Birth on 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.
(viii) Paid Maternity
Leave
Eligible employees are entitled to paid maternity leave
as follows:
(a) An employee is
entitled to four weeks at the ordinary rate of pay from the date maternity
leave commences.
(b) Paid maternity
leave may be paid on a normal fortnightly basis or in advance.
(ix) Further
Pregnancy while on Maternity Leave
Where an employee becomes pregnant whilst on maternity leave,
a further period of maternity leave may be granted. Should this second period of maternity leave commence during the
currency of the existing period of maternity leave, then any residual maternity
leave from the existing entitlement lapses.
(d) Paternity
Leave
(i) Notice
An employee will provide to the employer at least ten
weeks prior to each proposed period of paternity leave:
(i) a certificate
from a registered medical practitioner which names his partner, states that she
is pregnant and the expected date of confinement, or states the date on which
the birth took place; and
(ii) written
notification of the dates on which he proposes to start and finish the period
of paternity leave; and
(iii) a statutory
declaration stating:
(a) he will take
that period of paternity leave to become the primary caregiver of a child; and
(b) particulars of
any period of maternity leave sought or taken by his spouse.
(e) Adoption Leave
(i) Notice
The employee will notify the employer at least ten weeks
in advance of the date of commencement of adoption leave and the period of
leave to be taken. An employee may
commence adoption leave prior to providing such notice where, through
circumstances beyond the control of the employee, the adoption of the child
takes place earlier.
Before commencing adoption leave, an employee will
provide the employer with a statutory declaration stating:
(a) the employee
is seeking adoption leave to become the primary care-giver of the child;
(b) particulars of
any period of adoption leave sought or taken by the employee’s spouse.
(ii) Confirmation
The employer may require an employee to provide
confirmation from the appropriate government authority of the placement.
(iii) Non-continuance
Where the placement of a child for adoption with an
employee does not proceed or continue, the employee will notify the employer
immediately and the employer will nominate a time not exceeding four weeks from
receipt of notification for the employee’s return to work.
(f) Variation of
Period of Parental Leave
Unless otherwise agreed between the employer and
employee, an employee may apply to their employer to change the period of
parental leave on one occasion. Any
such change is to be notified at least four weeks prior to the commencement of
the changed arrangements.
(g) Parental Leave
and Other Entitlements
An employee may, in lieu of, or in conjunction with,
parental leave, access other paid leave entitlements which they have accrued,
such as annual leave or long service leave, subject to the total amount not
exceeding 52 weeks.
(h) Transfer to a
Safe Job
(i) Where an
employee is pregnant and, in the opinion of a registered medical practitioner,
illness or risks arising out of the pregnancy or hazards connected with the work
assigned to the employee make it inadvisable for the employee to continue at
her present work, the employee will, if the employer deems it practicable, be
transferred to a safe job at the salary rate and on the conditions attaching to
that job until the commencement of maternity leave.
The position to which the employee is transferred under
these circumstances must be as close as possible in status and salary to her
substantive position.
(ii) If the
transfer to a safe job is not practicable, the employee may elect, or the
employer may require the employee, to commence maternity leave.
(i) Return to
Work after a Period of Parental Leave
(i) An employee
will notify their intention to return to work after a period of parental leave
at least four weeks prior to the expiration of the leave
(ii) An employee
will be entitled to the position they held immediately before proceeding on
parental leave. In the case of an
employee transferred to a safe job pursuant to subclause (h) of this clause,
the employee will be entitled to return to the position they held immediately
before such transfer.
(iii) Where such
position no longer exists but there are other positions available which the
employee is qualified for and is capable of performing, the employee will be
entitled to a position comparable in status and salary to that of their former
position.
(j) Replacement
Employees
(i) A replacement
employee is an employee specifically engaged or temporarily promoted or
transferred as a result of an employee proceeding on parental leave.
(ii) A replacement
employee will be informed of the temporary nature of the employment and of the
rights of the employee who is being replaced.
(k) 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 annual or long service
leave except, in the case of employees who have completed ten years' service,
the period of unpaid parental leave does not count as service for long service
leave purposes. Where the employee has
completed ten years' service, the period of unpaid parental leave shall count
as service provided such leave does not exceed six months.
(l) Return for
Less than Full Hours
An employee, on application to the employer, may be
entitled to return to duty for less than the full time hours they previously
worked.
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 return to
part-time 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 part-time work to be allowed to
individual employees is to be at the discretion and convenience of the
employer;
salary and other conditions of employment are to be
adjusted on a basis proportionate to the employee's full-time hours of work.
(m) Liability for
Superannuation Contributions
During a period of unpaid parental leave, neither the
employer nor the employee will be required to meet any superannuation
liability.
(n) Part-time
Employees
Part-time employees as defined in subclause (b) of
clause 10, Forms of Employment, are covered by this clause.
23. Personal/Carer’s
Leave
(a) From the date
of this award, employees can utilise personal/carer’s leave to meet family
activities and community service responsibilities. This could include a need to respond to an emergency situation,
for example:
the illness of a relative;
where a child-carer is unable to look after their
charge;
a household emergency which requires the employee’s
presence at home; or
where an employee is unable to attend work because of
adverse weather conditions which either prevent attendance or threaten life or
property.
It could also be used in the event of planned absences
or where some advance notice is given, for example:
to accompany a relative to a medical appointment where
there is no element of emergency;
parent/teacher meetings;
education week activities;
to meet elder-care requirements of a relative.
The definition of "family" or
"relative" for the purposes of this award shall be:
(i) any person to
whom the person is related by blood, marriage, affinity (e.g. de facto), or
adoption; or
(ii) any person
who is wholly dependent on, or a member of the household of, the person.
Leave for other family and community service
requirements may be granted to employees at the discretion of the designated
manager.
(b) The maximum
amount of personal/carer’s leave on full pay which may be granted is five days
in each year of service. Such leave
shall not accumulate from year to year.
(c) Where
employees have exhausted paid personal/carer’s leave, they have the option of
using the undermentioned types of leave:
(i) Sick leave;
(ii) Annual leave;
(iii) Long service
leave.
24. Public Holidays
(a) Where any holiday
prescribed by this award falls on a day ordinarily worked by the employee, the
employee shall not have a reduction in their ordinary pay. Except as otherwise provided in this
subclause, where an employee is required to, and does, work on any of the
holidays set out in this subclause, whether for a full shift or not, the
employee shall be paid at time and a half extra for the ordinary rostered hours
of duty on that day.
(b) For the
purpose of this clause, the following shall be deemed public holidays, viz.:
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Christmas Day, Boxing Day, Anzac Day, Queen's Birthday, local Labour Day and
any other day duly proclaimed and observed as a public holiday within the area
in which the accustomed place of work is situated.
(c) In addition to
those public holidays specified in subclause (b) of this clause, employees are
entitled to an extra public holiday each year in lieu of the NSW bank
holiday. Such public holiday will occur
on a date which is agreed upon between the employees and the employer and that
date will then be treated as a public holiday in accordance with subclause (a)
of this clause.
25. Sick Leave
(a) Entitlement
A permanent employee shall be entitled to ten days'
sick leave on full pay for each year of continuous service, provided that:
(i) the employer
may request a substantiating medical certificate when an employee has been
absent from work for a period of three days or more;
(ii) employees who
are employed by the employer at the date of the commencement of this award
shall retain to their credit, until exhausted, any accumulation of sick leave
to their credit immediately prior to such date; provided that such credit is
not less than the entitlement otherwise prescribed by this clause.
(iii) each employee
shall take all reasonably practicable steps to inform the employer of his/her
inability to attend for duty and as far as possible state the estimated
duration of the absence. Where
practicable, such notice shall be given within 24 hours of the commencement of
such absence.
(iv) Sick leave
shall continue to accumulate from year to year.
(b) Workers’
Compensation
An employee shall not be entitled to sick leave for any
period in respect of which such employee is entitled to workers' compensation
payments.
(c) Sickness on
Annual or Long Service Leave
Subject to the provision of a satisfactory medical
certificate (which may be required if the illness exceeds three days), and sick
leave being due, annual leave or long service leave shall be re-credited where
an illness occurs during the period of annual or long service leave.
26. Hours of Work
(a) Maximum Number
of Hours
(i) The maximum
number of ordinary hours of work is 76 hours over a two-week cycle or its
equivalent.
(ii) The actual
number of ordinary hours will be as agreed between individual employees and the
employer.
(b) Span of
Working Hours
Agreed ordinary hours must be worked between 8.00 a.m.
and 6.00 p.m., except by mutual agreement between the employer and employee.
The actual starting and finishing time within the span
of working hours will be agreed by the employee and management.
(c) Limits on
Agreed Hours
Employees must:
(i) work their
number of agreed hours;
(ii) not work more
than five hours without a break of at least 30 minutes;
(iii) not be
required to work more than five consecutive days in any work cycle of seven
days, and are entitled to take any two consecutive days as a notional weekend.
Employees may agree to work:
(iv) up to ten
agreed hours on any one day;
(v) up to 50 hours
in any cycle of seven days;
(vi) more than five
consecutive days in any work cycle of seven days;
(vii) on weekends
and public holidays.
There must be:
(viii) a continuous
period of at least ten hours of time off between each successive span of
working hours.
(d) Flexible
Arrangements
Within the limits specified in subclauses (a),(b)
and(c) of this clause, the employer and employees in a workplace may by agreement
introduce a system of flexible working hours or a rostered day off system or an
accumulated day off system.
27. Overtime and Time
in Lieu
(a) Overtime
Overtime is all approved time that is worked by
employees earning a base salary rate less than the entry level salary rate for
classification level 6, as set out in subclause (b) of clause 40, Salary Rates:
(i) in excess of
the total agreed hours for the work cycle of the employee;
(ii) outside the
employer’s normal daily hours; or
(iii) outside the
agreed pattern of hours of the individual.
(b) Compensation
for Overtime
(i) Time in Lieu
An employee who works approved overtime may be
compensated by way of time in lieu of overtime, subject to the following:
(i) the accrual and
taking of time in lieu of overtime will be conditional on mutual agreement of
the employee and the employer;
(ii) time off in
lieu shall, whenever possible, be taken within two months of it being accrued;
(iii) records of
all time in lieu owing to employees and taken by employees must be maintained
by the employer;
(iv) time in lieu
will be taken as time off duty during the agreed span of ordinary working hours
at the rate of one hour for each overtime hour worked;
(v) upon
termination of employment an employee shall receive payment for any untaken
time in lieu hours remaining to his/her credit.
(ii) Overtime Pay
Only hours of overtime in excess of ten hours more than
the Division’s standard fortnightly hours will be paid at the overtime rate of
time and a half, unless the employee opts to take time in lieu at time and a
half, and the employer agrees.
(c) Overtime for
Part-time Employees
When part-time employees are asked to work overtime,
they have three options:
(i) to work the additional
hours and be paid at ordinary-time rates up to the standard hours, and at time
and a half from there on; or
(ii) to agree to
take payment as time in lieu (the period of time off will be the actual number
of hours worked overtime); or
(iii) to refuse the
additional hours of work.
Should the part-time employee choose option (iii),
he/she will not be discriminated against or disadvantaged because of this
choice by either the employer or fellow employees.
(d) Meal Money
An employee required to work overtime following on the
completion of their normal day or ‘shift’ for more than two hours will be
provided with a paid meal break of at least 20 minutes. The meal will be provided by the employer
free of charge or the employee will be paid a meal allowance in line with the
appropriate Australian Taxation Office rates, as published from time to time.
28.
Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(b) It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(1) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(2) offering or
providing junior rates of pay to persons under 21 years of age;
(3) any act or
practice of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
(4) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(e) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
Notes
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in this Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
29. Appointments,
Promotions and Promotional Appeal Procedures
(a) Notification
of Appointment and Role Classification
(i) All employees
should be given a letter of employment which should specify:
the commencement date of employment;
the position description for the role;
the classification of the role or position;
the minimum salary applicable to the position;
the salary of the employee on appointment;
and the letter will incorporate, whether directly
and/or by reference to other documents:
the conditions of employment for that position.
(ii) Where the
conditions of employment are incorporated by reference to other documents, the
contract shall advise the employee where those documents can be accessed.
(b) Selection and
Promotion
Where selection or promotion occurs, such selection or
promotion will be on the basis of merit.
(c) Appeals
against Non-selection/Non-promotion
Each Division will establish and implement a procedure
for dealing fairly and equitably with appeals against non-selection and
non-promotion.
30. Union
Representative
On receiving written notification by the Union, the employer
will recognise an employee-appointed Union representative as the accredited
representative of the Union. The
employer will allow the representative reasonable time during work hours to
interview employees and to meet with the employer to discuss matters affecting
employees.
31. Performance
Counselling and Disciplinary Procedures
(a) Where
counselling or disciplinary action is necessary, the management representatives
shall notify the employee of the reason and issue a verbal warning(s).
(b) If the problem
continues, the matter will be discussed with the employee and a first formal
warning will be given in writing to the employee and recorded on the employee’s
personnel file. An employee may elect
to have a representative of his/her choosing present during such discussions
and may include representatives of the Union.
(c) If the problem
continues to occur, the employee will again be counselled by management and a
second and final warning in writing may be given. Again, the employee may elect to have a representative of his/her
choosing present during such discussions and may include representatives of the
Union.
(d) If performance
or behaviour continues to be unsatisfactory, the Executive Officer or Board’s
nominee may be requested to become involved with a view to facilitating the
establishment of a "Performance Improvement Plan" between the
employee and his/her supervisor. Such
"Plan" will be monitored by a mutually agreed third party.
(e) In the event
of the matter recurring the employee may be terminated. No dismissals are to take place without the
authority of the Board’s nominee.
(f) Summary
dismissal of an employee may still occur for acts of "serious and wilful
misconduct".
(g) If a dispute
should arise over counselling or disciplinary action, the course of action to
be followed is as set down in clause 38, Disputes Prevention and Settlement
Procedure.
(h) If, after any
warning, a period of 12 months elapses without any further warning or action
being required, all adverse reports relating to the warning will be removed
from the employee’s personnel file.
32. Introduction of
Major Change
(a) Preamble
The parties agree to co-operate in the management of
workplace change to maximize mutual benefits.
They will consult as early as possible about any proposed change which
is likely to have a significant effect on Division employees.
(b) Duty to
Consult
(i) Prior to
making a definite decision to introduce major changes in program, organisation,
structure or technology, production or such other changes that are likely to
have significant effects on employees, the Division will consult with the
employees who may be affected by the envisaged changes and the employees’
chosen organisations or representative/s.
(ii) "Significant
effects" referred to in paragraph (i) of this subclause include termination
of employment, major changes in the composition, operation, or size of the
Division’s workforce, or in skills required; the elimination or diminution of
job opportunities, promotion opportunities or job tenure; the alteration of
hours of work; the need for retraining or transfer of employees to other work
or locations; and the restructuring of jobs.
(iii) If the
Division decides to proceed with the change proposal, it will consult with the
employee/s affected and their nominated representative, which may be their
Union, and endeavour to reach an agreement about how the change will be
implemented and how detrimental outcomes for affected employees can be avoided
or mitigated.
(iv) For the
purposes of such consultation and discussions, the Division shall provide in
writing to the employees concerned and their Union/s all relevant information
about the changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect
employees, provided that the Division will not be required to disclose
confidential information, the disclosure of which would be detrimental to the
Division’s interests.
33. Labour
Flexibility
(a) The employer may
direct an employee to carry out such duties as are reasonable, and within the
limits of the employee's skill, competence and training consistent with the
classification of the employee’s role, and/or the employee’s career stream
provided that such duties are not designed to promote de-skilling.
(b) The employer
may direct an employee to carry out such duties and use such resources as may
be required provided that the employee has been properly trained or has
otherwise acquired the necessary skills in the use of such resources.
(c) Any direction
issued by the employer pursuant to subclauses (a) and (b) of this clause shall
be consistent with the employer's responsibilities to provide a safe and
healthy work environment.
34. Notice Board
The Division shall permit a notice board of reasonable
dimensions to be erected in a prominent position upon which the Union
representative shall be permitted to post Union notices.
35. Outside Work
Where full-time or part-time employees wish to engage in
outside activities within working hours for which payment is provided, the
prior approval of management must be obtained.
36. Travel Expenses
(a) Travel for
Work
When an employee is required or authorised by their
employer to travel for work(other than to and from regular place of work) or
education purposes, the employer will reimburse and, where practicable, pay in
advance, the employee for necessary costs incurred for travel, accommodation,
meals and incidentals. The rates
periodically established and published by the Australian Taxation Office will
be the minimum applied.
(b) Travel Time
The additional time required for employees to travel to
other sites or cities for work will be counted as extra time worked, separate
from overtime, and will be paid at the rate of time for time, either as time in
lieu or as pay, by mutual agreement.
37. Superannuation
The Division will contribute towards employees’
superannuation at the rate and to a complying fund as prescribed by the
legislation of the day.
38. Disputes
Prevention and Settlement Procedure
(a) Preamble
A prime concern of the parties is the avoidance and
resolution of workplace issues, grievances or disputes by means of the
provision of information and explanation, consultation, co-operation and negotiation.
The parties agree that, as far as practicable,
grievances and/or matters in a potential dispute should be resolved locally.
It is the objective of these procedures to ensure that
such issues are resolved by negotiation and discussion between the parties.
An employee will have the right for a grievance to be
heard through all levels of line management.
(b) Procedure
This procedure will ensure that issues or grievances
are resolved quickly, fairly and without disruption to the Division’s operations:
Step
|
Action
|
1
|
The employee should first discuss the matter with their
immediate leader or manager who
|
|
must make every effort to resolve the matter.
|
2
|
If the matter is not resolved, or if it is not appropriate
to discuss the matter with the
|
|
immediate team leader or manager, the employee should
discuss the matter with their next
|
|
level manager, if there is one, who will attempt to
resolve the matter.
|
|
Alternatively, an employee can contact directly an
appropriate other manager (preferably
|
|
responsible for Human Resources in the Division) who will
work with the employee and
|
|
their team leader and attempt to resolve the issue.
|
3
|
If the matter is not resolved at this point, the employee
will, if appropriate, notify their
|
|
Union representative, who will discuss the matter further
with the relevant manager or
|
|
Human Resources person.
|
4
|
If the matter is not resolved, it will be discussed
between the appropriate Union official or
|
|
the employee’s nominated agent and the designated manager
or their nominee.
|
5
|
If no resolution is achieved, the parties may individually
or jointly refer the matter to the
|
|
New South Wales Industrial Relations Commission, or to an
agreed third party, for
|
|
resolution.
|
(c) Union
Involvement
The Union may provide guidance and assistance to a member
at any stage of this process.
39. Reasonable Hours
(i) Subject to
subclause (ii) of this clause, an employer may require an employee to work
reasonable overtime at overtime rates unless or as otherwise provided for under
the award.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of subclause (ii) of this clause, what is unreasonable or otherwise
will be determined having regard to:
(a) any risk to
employee health and safety;
(b) the employee’s
personal circumstances including any family and carer responsibilities;
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his/her
intention to refuse it; and
(e) any other
relevant matter.
PART B
SALARY RATES AND
RELATED MATTERS
40. Salary Rates
(a) Minimum Rates
The minimum salaries to be paid to employees according
to the classification level into which their job fits are set out in subclause
(b) of this clause.
(b) Entry Level
Rates
The minimum entry level rates for the six
classification levels in the classification system are:
Classification
|
Entry Level Annual
|
Entry Level Annual
|
Entry Level Annual
|
Level
|
Salary Rates
|
Salary Rates
|
Salary Rates
|
|
effective 1.12.2004
|
effective 1.12.2005
|
effective 1.12.2006
|
|
(F/T equivalent)
|
(F/T equivalent)
|
(F/T equivalent)
|
|
$
|
$
|
$
|
1
|
29,375
|
30,375
|
31,375
|
2
|
34,640
|
35,640
|
36,640
|
3
|
39,965
|
41,165
|
42,400
|
4
|
45,165
|
46,520
|
47,915
|
5
|
55,785
|
57,460
|
59,185
|
6
|
66,405
|
68,400
|
70,450
|
(c) Packaging
Part of the salary rates prescribed in subclause (b) of
this clause may be taken in the form of non-cash benefits by agreement between
an individual employee and the employer.
The terms of any agreement must be committed to writing and signed by
the employee and the employer.
The employer will ensure that the total value of the
cash and non-cash benefits does not fall below the minimum prescribed salary
for the job.
41. Salary System
(a) Each Division will
develop an agreed salary system within the term of this award.
(b) Any salary
system developed will complement entry level rates of pay by enabling employees
to progress within a particular level on the basis of further skills acquired
and applied.
(c) Differing
rates of pay within a classification level may be based on such factors as
performance of either the individual or the team, relevant skills acquisition
and use, and market demand for particular skills sets.
(d) A salary
system should provide for internal equity, external competitiveness, individual
motivation and ease of administration.
(e) The objectives
of a salary system are to:
(i) enhance the
performance of the Division;
(ii) ensure
employees understand their role, accountabilities and the performance standards
expected of them;
(iii) provide a
means of recognising and rewarding acquisition and application of skills and to
provide on early assessment a response to substandard performance;
(iv) provide a
basis for identifying and meeting development needs of employees;
(v) provide
ongoing feedback for employees about their performance; and
(vi) enable and
encourage progress of employees.
42. Area, Incidence
and Duration
(a) This award
rescinds and replaces the Divisions of General Practice (State) Award-1999
published 14 September 2001 (327 I.G. 839) and all variations thereof.
(b) The award
shall apply to persons employed by the Division/s, with the exception of employees
required to be registered nurses and of General Practitioners who work four
hours or less per week.
(c) The terms of
the Clerical and Administrative Employees (State) Award shall not apply to
those employees covered by this award.
(d) This award
shall take effect from the first full pay period to commence on or after 15
December 2004 and remain in force for a period of 36 months.
R. J. PATTERSON, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.