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New South Wales Industrial Relations Commission
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CATHOLIC HEALTH CARE SERVICES NURSES' ENTERPRISE (STATE) AWARD 2001
  
Date10/21/2005
Volume354
Part3
Page No.725
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C3879
CategoryAward
Award Code 1595  
Date Posted10/20/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1595)

SERIAL C3879

 

CATHOLIC HEALTH CARE SERVICES NURSES' ENTERPRISE (STATE) AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Nurses' Association, industrial organisation of employees.

 

(No. IRC 2937 of 2005)

 

Before Commissioner McLeay

27 June 2005

 

VARIATION

 

1.          Delete clause 1, Arrangement, of the award published 25 March 2005 (349 I.G. 544),and insert in lieu thereof the following:

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         No Extra Claims

3.         Definitions

4.         Hours of Work and Free Time of Employees Other Than Directors of Nursing

5.         Hours of Work and Free Time of Directors of Nursing

6.         Banking of Hours

7.         Rosters

8.         Pilot Roster Projects

9.         Salaries

10.       Transitional Arrangements - Registered Nurse Incremental Scale

11.       Recognition of Service and Experience

12.       Average Occupied Beds

13.       Special Allowances

14.       Penalty Rates for Shift Work and Weekend Work

15.       Fares and Expenses

16.       Telephone Allowance

17.       Uniforms and Laundry Allowances

18.       Higher Grade Duty

19.       Overtime

20.       Salary Packaging

21.       Payment and Particulars of Salaries

22.       Registration or Enrolment Pending

23.       Part-time, Casual and Temporary Employees

24.       Annual Leave and Public Holidays

25.       Annual Leave Loading

26.       Sick Leave

27.       Long Service Leave

28.       Compassionate Leave

29.       State Personal/Carer’s Leave

30.       Parental Leave

31.       Learning & Development Leave

32.       Staff Amenities

33.       Special Provisions Relating to Trainee Enrolled Nurses

34.       Escort Duty

35.       Deputy Director of Nursing, Assistant Director of Nursing

36.       Proportion

37.       Medical Examination of Nurses

38.       Domestic Work

39.       Branch Officials

40.       Labour Flexibility

41.       Termination of Employment

42.       Award Benefits to be Continuous

43.       Right of Entry

45.       Attendance at Meetings and Fire Drills

46.       Resolution of Disputes

47.       Anti-Discrimination

48.       Enterprise Arrangements

49.       Leave Reserved

50.       Workplace Consultative Committee

51.       Relationship to Awards

52        Salary Sacrifice to Superannuation

53.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Monetary Rates

Table 2 - Other Rates and Allowances

 

2.          Delete subclause (x),of clause 3, Definitions, and insert in lieu thereof the following:

 

(x)        "Salary Packaging", also know as Remuneration Packaging, refers to Australian Taxation Office approved ability for an employee to voluntarily structure their income to potentially increase the equivalent take-home salary.  An election is made to receive part of the salary in cash and part of it in approved benefits that are paid out of pre-tax salary.

 

3.          Insert after subclause (xxiv), of the said clause 3, the following new subclauses:

 

(xxv)    "Salary Sacrifice to Superannuation" means the option for an employee to make additional voluntary superannuation contributions by electing the sacrifice a portion of their gross earnings (pre tax dollars) to give the effect of reducing the taxable income by the amount of the salary sacrifice.

 

(xxvi)   Approved Employee Benefits" means benefits represented and offered in the Salary Packaging Policy and Handbook  offered to employees.  They include items which may be FBT Exempt, Within the Exemption Threshold, Otherwise Deductible or Concessionally Taxed.

 

4.          Insert after subclause (i), of clause 9, Salaries, the following new subclause:

 

(ii)        For the duration of this award post variation, the rates of pay set out in Table 1 shall be at least equal to the corresponding rates of pay in the:

 

(a)        Private Hospital Industry Nurses' (State) Award for nurses employed at a private hospital;

 

(b)       Nursing Homes, &c., Nurses' (State) Award for nurses employed at an aged care facility.

 

When these respective parent Awards are varied the Award rates of pay set out on Table 1 shall be increased as necessary to ensure they remain at least equal to the rates of pay in the respective parent Award.

 

5.          Delete clause 20, Remuneration Packaging, and insert in lieu thereof the following:

 

20.  Salary Packaging

 

(i)         By agreement with the employer, employees may elect to package their salary in accordance with this clause, to obtain a range of benefits as set out in the CHCS Salary Packaging Policy, as amended from time to time.  Such election must be made prior to the commencement of the period of service to which the earnings relate.

 

(ii)        Where an employees elects to package their salary or a portion of their salary:

 

(a)        Subject to Australian taxation law packaged portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of the packaged portion.

 

(b)        Any allowance, penalty rate, overtime payment, payment for unused leave entitlements, weekly worker's compensation, or other payment other than any payment for leave taken in service, to which an employee is entitled under this award or statute which is expressed to be determined by reference to an employees salary, shall be calculated by reference to the salary which would have applied to the employee under this award in the absence of any salary packaging or salary sacrificing to superannuation made under this award.

 

(c)        "Salary" for the purposes of this clause, for superannuation purposes, and for the calculation of award entitlements, shall mean the award salary as specified in clause 9 Salaries, and which shall include amounts elected to be taken as "approved employee benefits" that otherwise would have been included in taxable income.

 

(iii)       The salary packaging scheme utilises the Public Benevolent institution (PBI) taxation status, which provides for a fringe benefit tax exemption cap.  This is currently $17,000 per annum grossed-up ($8755 net) for HDHS employees and $30,000 per annum grossed-up ($15,450 net) for CHCS employees.  The maximum amount of fringe benefits-free tax savings that can be achieved under the scheme is where the value of the benefits when grossed-up, equal the fringe benefits exemption cap of $17,000 or 30,000 respectively.  Where the grossed-up value exceeds the cap, the employer is liable to pay fringe benefits tax on the amount in excess of the relevant FBT exemption cap, but will pass on this cast to the employee.  The employer's share of savings, the combined administration cost (both as detailed in the CHCS Salary Packaging Policy), and the value of the packaged benefits, are deducted from the pre tax dollars.

 

(iv)       The parties agree that the application of the fringe benefits exemption cap and the PBI status of HDHS and CHCS are subject to the prevailing Australian laws. In the event that the employer ceases to attract exemption from payment of fringe benefit tax the employer may terminate all salary packaging arrangements.

 

(v)        If an employee wishes to withdraw from the salary packaging scheme, the employee shall provide the required period of notice set out in the CHCS Salary Packaging Policy.

 

(vi)       Where an employee ceases to salary package, arrangements will be made to convert the agreed package amount to salary.  Any costs associated with the conversion will be borne by the employee, and the employer shall not be liable to make up any salary as a consequence of the employee's decision to convert to salary.

 

(vii)      The opportunity to enter into a salary packaging arrangement is voluntary.  Employees are advised to seek independent financial advice and counselling to apprise them of the implications of salary packaging on their individual personal financial situations.

 

(viii)     The employer and the employee shall comply with the procedures set out in the CHCS Salary Packaging Policy as amended from time to time, in accordance with subclause (ix).

 

(xi)       The employer will consult with the NSW Nurses' Association in relation to the CHCS Salary Packaging Policy prior to making any changes.

 

6.          Delete clause 50, Workplace Consultative Committee, and insert in lieu thereof the following:

 

50.  Workplace Consultative Committee

 

Workplace Consultative Committee(s), where established, will consider issues specific to their workplace and consistent with their terms of reference.  These Committee would ordinarily meet at least six monthly.

 

7.          Insert after clause 51, Relationship With Awards, the following new clause 52 and renumber the existing clause 52, Area , Incidence and Duration to read as clause 53.

 

52.  Salary Sacrifice to Superannuation

 

(i)         Salary  Sacrifice to Superannuation means the option of an employee making additional superannuation contributions by electing to sacrifice a portion of the gross earnings (pre tax dollars).  This will give the effect of reducing the taxable income by the amount for salary sacrifice.

 

(ii)        Salary sacrifice to superannuation shall be offered to employees by mutual agreement between the employee and the employer.

 

(iii)       Such election shall be made prior to the commencement of the period of service to which the earnings relate.

 

(iv)       The amount sacrificed must not exceed any relevant limits specified in applicable superannuation legislation.

 

(v)        The sacrificed portion of salary reduced the salary subject to PAYG taxation deductions.

 

(vi)       Any allowance, penalty rate, overtime, payment for unused leave entitlements, other than any payments for leave taken whilst employed, shall be calculated by reference to the salary which would have applied to the employee ion the absence of any salary sacrifice to superannuation.  Payment for leave taken whilst employed will be at the post salary sacrificed amount.

 

(vii)      Salary sacrifice arrangements can be cancelled by either the employer or the employee, in accordance with the required period of notice set out in the CHCS Salary Packaging Policy. The employer has the right to withdraw from offering salary sacrifice to employees without notice of there is any alteration to relevant Australian Taxation legislation

 

(viii)     Contributions payable by the employer in relation to the Superannuation Guarantee Legislation shall be calculated by reference to the salary which would have applied to the employee under the award in the absence of any salary sacrifice.

 

(ix)       Employers will not use any amount that is salary sacrificed by an employee to negate contributions payable under the Superannuation Guarantee Legislation.

 

(x)        The employee shall have the portion of payable salary that is to be sacrificed paid as additional employer superannuation contributions into the same superannuation fund that receives the employer's SGC contributions.

 

(xi)       Nothing in this clause shall affect the right of an employer to maintain alternative arrangements with respect to salary sacrifice for employees.

 

8.          Delete Part B Monetary Rates, and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Classification

Private Hospitals

Nursing Homes -

 

 

Aged Care Facilities

 

$

$

Assistant in Nursing/Trainee

 

 

Enrolled Nurse - under 18 years of age

 

 

First year of experience

466.00

445.50

Second year of experience

486.50

465.20

Thereafter

506.00

483.70

Enrolled Nurse - 18 years of age and over

 

 

First year of experience

549.70

525.40

Second year of experience

567.20

542.40

Third year of experience

585.00

559.30

Thereafter

603.30

576.70

Enrolled Nurse

 

 

First year of experience

674.60

645.30

Second year of experience

689.40

659.10

Third year of experience

704.30

673.40

Fourth year of experience

719.20

687.60

Thereafter

734.20

701.90

Enrolled Nurse- Special Grade

757.10

713.60

Nurse undergoing Pre-registration training

659.50

630.60

Registered Nurse

 

 

First year of experience

764.90

731.40

Second year of experience

806.60

771.20

Third year of experience

848.20

810.90

Fourth year of experience

892.80

853.50

Fifth year of service

937.00

895.80

Sixth year of service

981.40

938.10

Seventh year of service

1031.70

986.40

Eighth year of service

1,074.20

1026.90

Clinical Nurse Specialist

1118.00

1069.10

Clinical Nurse Consultant (appointed prior to 31/12/99)

1374.60

1262.60

Clinical Nurse Consultant

 

 

Grade 1

 

 

1st year

1,353.80

1,298.4024

2nd year

1,371.20

1,3249. 80

Grade 2

 

 

1st year

1,398.40

1,351.20

2nd year

1,426.10

1,377.90

Grade 3

 

 

1st year

1,4380.870

1,430.80

2nd year

1,508457.40

1,457.40

Nurse Unit Manager

 

 

Level 1

1,347.50

1228.20

Level 2

1,411.50

1286.70

Level 3

1,449.40

1321.10

Clinical Nurse Educator

1,118.00

1069.10

Nurse Educator

 

 

1st year

1240.20

1130.40

2nd year

1275.10

1162.20

3rd year

1306.40

1190.80

4th year

1374.60

1253.00

Senior Nurse Educator

 

 

First year

1407.80

1293.20

Second year

1436.70

1319.60

Third year

1484.80

1363.80

Assistant Director of Nursing 100 beds and over

1400.40

1321.10

Deputy Director of Nursing

 

 

Less than 100 beds

1411.50

1286.70

100 beds, less than 200 beds

1449.40

1321.10

200 beds, less than 250 beds

1484.80

1363.80

250 beds, less than 350 beds

1540.30

1414.70

350 beds, less than 450 beds

1595.50

1465.30

450 beds, less than 750 beds

1654.40

1519.80

750 beds and over

1718.70

1578.60

Director of Nursing or Subsidiary Hospital

 

 

Director of Nursing -

 

 

Less than 25 beds

1454.70

1336.10

25 beds, less than 50 beds

1540.20

1414.70

50 beds, less than 75 beds

1573.60

1445.10

75 beds, less than 100 beds

1606.30

1475.30

100 beds, less than 150 beds

1652.50

1517.70

150 beds, less than 200 beds

1707.50

1568.50

200 beds, less than 250 beds

1763.00

1619.00

250 beds, less than 350 beds

1829.40

1680.00

350 beds, less than 450 beds

1956.30

1846.50

450 beds, less than 750 beds

2052.10

1884.60

750 beds and over

2180.80

2003.00

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Private Hospitals

Nursing Homes - Aged Care

 

 

 

 

Facilities

 

 

 

$

$

1

13(i)(a)

In charge of Hospital

21.13 per shift

18.25 per shift

2

13(i)(b)

In charge of ward/unit in absence of NUM

21.13 per shift

18.25 shift

3

13(ii)(a)

On Call

18.48 per 24 hrs or part thereof

16.00 per 24 hrs or part thereof

4

13(ii)(b)

On call on rostered days off

37.04 per 24 hrs or part thereof

32.00 per 24 hrs or part thereof

5

13(ii)(c)

On call during meal break

9.42 per meal break

8.63 per meal break

6

13(iii)(a)

Radiographic allowance DON

26.68 per week

25.10 per week

7

13(iii)(c)

Radiographic allowance in absence of DON

5.44 per day

5.10 per day

8

13(iii)(c)

Radiographic allowance in absence of DON- maximum

26.68 per week

25.10 per week

9

13(iv)

Lead Apron Allowance

1.32 per hour or part thereof

1.24 per hour or part thereof

10

13(v)(a)

In charge of ward/unit and hospital

31.72 per shift

25.50 per shift

11

17(iii)(a)

Uniforms

5.31 per week

5.40 per week

12

17(iii)(a)

Shoes

1.64 per week

1.68 per week

13

17(iii)(b)

Stockings

2.75 per week

2.80 per week

14

17(iii)(c)

Cardigan or jacket

1.60 per week

1.62 per week

15

17(iii)(d)

Laundry

4.42 per week

4.50 per week

16

17(iii)(f)

Socks

0.54 cents per week

0.55 cents per week

17

19(vii)

Meal allowance overtime

14.50 per meal

13.80 per meal

18

32(a)(3)

Breakfast

2.96 per meal

2.98 per meal

9

32(a)(3)

Other meals

5.37 per meal

5.38 per meal

 

9.          This variation shall take effect from the first full pay period to commence on or after 27 June 2005.

 

 

 

 

J. McLEAY, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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