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New South Wales Industrial Relations Commission
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DIVISIONS OF GENERAL PRACTICE (STATE) AWARD
  
Date05/06/2005
Volume350
Part4
Page No.972
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3552
CategoryAward
Award Code 1467  
Date Posted05/05/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1467)

SERIAL C3552

 

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.

 

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