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New South Wales Industrial Relations Commission
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ORTHOPTISTS IN PRIVATE PRACTICE (STATE) AWARD
  
Date03/10/2006
Volume357
Part4
Page No.922
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4284
CategoryAward
Award Code 1574  
Date Posted03/09/2006

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(1574)

(1574)

SERIAL C4284

 

ORTHOPTISTS IN PRIVATE PRACTICE (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Health Services Union, industrial organisation of employees.

 

(No. IRC 6426 of 2005)

 

Before The Honourable Justice Boland

16 December 2005

 

AWARD

 

1.  Title

 

This award shall be referred to as the Orthoptists in Private Practice (State) Award.

 

2.  Parties

 

This award will be binding upon:

 

(i)         The persons employed in the classifications set out in Clause 7, Wages, of this Award, whether members of the Union or not;

 

(ii)        The Health Services Union its officers and members.

 

3.  Arrangement

 

Clause No.         Subject Matter

 

Arrangement and Operative Clauses

 

1.         Title

2.         Parties

3.         Arrangement

4.         Definitions

5.         Area, Incidence and Duration

6.         Without Prejudice

 

Wages and Allowances

 

7.         Wages

8.         Allowances

9.         Payment of Wages

 

Contract of Employment

 

10.       Permanent Part Time and Casual Employment

11.       Termination of Employment

12.       Supplementary Wage System

 

Holidays and Leave

 

13.       Annual Leave

14.       Annual Leave Loading

15.       Compassionate Leave

16.       Personal Carer’s Leave

17.       Long Service Leave

18.       Jury Service

19.       Public Holidays

20.       Sick Leave

21.       Parental Leave

22.       Conference and Training Leave

 

Patterns of Work

 

23.       Hours of Work

24.       Overtime

25.       Rest Period

26.       Meals

 

Industrial Considerations

 

27.       Anti-Discrimination

28.       Redundancy

29.       Superannuation

30.       Disciplinary Procedures

31.       Grievance and Industrial Dispute Procedure

32.       Labour Flexibility

33.       Reasonable Hours

34.       Vaccinations

 

4.  Definitions

 

Definitions for the purposes of this Award:

 

"Orthoptists - Grade 1" means a person having extensive orthoptic experience and/or holding appropriate tertiary qualifications recognised by the Orthoptic Association of Australia Inc. and the Orthoptic Board of Australia, who is appointed to the position of Orthoptists and who generally performs the following functions:-

 

(i)         Orthoptic assessments and treatments as specified in the curricula and courses of instruction of the Australian Schools of Orthoptics;

 

(ii)        Ophthalmic investigatory procedures and therapy under the direction of an ophthalmologist;

 

(iii)       paramedical tasks incidental to the efficient management of an ophthalmic practice;

 

(iv)       detailed preparation of patients for ophthalmic investigations and procedures;

 

(v)        a wider range of duties including work which is incidental or peripheral to the ophthalmic practice;

 

(vi)       any other duties allied to the profession not specified herein.

 

"Orthoptists - Grade 2"

 

An Orthopist appointed this Grade generally undertakes the duties of an Orthoptist - Grade 1, but with additional responsibilities which may include :

 

Evidence of attending continuing education activities on an annual basis,

 

Have Accreditation with the Australian Orthoptic Board

 

Demonstrate to the employer the ability to independently (after a qualifying period) operate all ophthalmic equipment necessary to fulfil the requirements as an Orthopist and be competent at all ophthalmic duties required in the practice,

 

Show interest in developing knowledge with new equipment,

 

Able to perform instructional duties to new orthoptic employees,

 

To be in charge of and be involved in the training of other/new Orthopist employed in the practice,

 

Supervision of students from an Orthoptic Training School.

 

Obtaining extra study.

 

Eg: employed on work which requires special knowledge and depth of experience.

 

A person appointed to this level will be an experienced employee who would be required to work under only general directions from his or her supervisor and be capable of performing the more complex and difficult techniques and procedures."

 

"Casual" means an employee who:

 

is one engaged on an hourly basis other than as a permanent part time employee or full time employee.

 

may only be engaged in the following circumstances; for periods where there is a need to supplement the workforce arising from fluctuations in the needs of the facility; or in the place of another employee who is absent; or in an emergency.

 

"Full Time" means an employee who is engaged as such and who is rostered to work an average of 38 ordinary hours per one week period.

 

"Permanent Part Time" means an employee who is engaged as such and who is required to work less than an average of 38 ordinary hours per one-week period with a minimum start of 2 hours per rostered day.

 

"Union" means the Health Services Union.

 

5.  Area, Incidence and Duration

 

(i)         This award rescinds and replaces the Orthoptists in Private Practice (State) Award - 2000, published 1 June 2001 (325 IG 157), and all variations thereof.

 

(ii)        This award will apply to employers and employees as set out in Clause 2, Parties, of this award, in the State of New South Wales, including Canberra based employees, but excluding the County of Yancowinna.

 

(iii)       The award will take effect from the beginning of the first pay period to commence on or after 1 December 2005 and will remain in effect until 30 June 2008.

 

6.  Without Prejudice

 

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.  Wages

 

(i)         Wages

 

This Award permits for the progressive recognition of professional rates for Orthoptists through adoption of the transitional arrangements detailed hereunder.

 

Classification

Current Rate

Rate from 1.7.2006

Rate from 1.7.2007

 

 

4%

4%

 

$

$

$

Orthoptists

 

 

 

Grade 1

 

 

 

1st year of service

791.40

823.10

856.00

2nd year of service

816.00

848.60

882.50

3rd year of service

860.50

894.90

930.70

4th year of service

905.50

941.70

979.40

5th year of service

952.60

990.70

1,030.30

6th year of service

999.30

1,039.30

1,080.90

7th year of service

1,047.00

1,088.90

1,132.50

Grade 2

1,100.70

1,144.70

1,190.50

 

Provided that:

 

(a)        An employee who holds or is qualified to hold the degree of Bachelor of Applied Science (Orthoptics) shall be entitled to be classified as a Grade 1, 2nd year of experience after qualification.

 

(b)        An employee who holds or is qualified to hold the degree of Master of Applied Science (Orthoptics) shall be entitled to be classified as a Grade 1, 3rd year of experience after qualification.

 

(c)        An employee who holds or is qualified to hold the degree of Doctor of Philosophy shall be entitled to be classified as a Grade 1, 4th year of experience after qualification.

 

(ii)        In-Charge Allowance - An employee who is required to supervise at least two other permanent staff members covered by this Award and employed at a practice shall be paid at Orthoptist-Grade 2 status. Where an employee required to supervise other staff is already recipient of the rate applying to an Orthoptist Grade 2 will, in addition to his/her rate, receive an additional weekly allowance of 10 per cent of the weekly wage of a Orthoptist-Grade 2.

 

(iii)       Acting or Higher Grade Duties - Where an employee relieves a person in a higher paid classification or acts in such classification, the employee shall be paid the higher rate of pay for the time so spent relieving in the higher position.

 

8.  Allowances

 

(i)         Meal Allowance - An employee shall be supplied with a meal or meal allowance of $9.00 when overtime in excess of one and one half hour is worked after the usual time of ceasing work for the day.

 

(ii)        Uniforms

 

(a)        Where an employer so requires the employee to wear a uniform, the employer may pay to such employee a uniform allowance of $4.15 per week provided however that if a uniform includes a cardigan or special type shoe, an additional allowance of $1.62 per week shall also be paid to such employee.

 

(b)        If the uniform of an employee is not laundered at the expense of the employer, an allowance of $ 4.75 per week shall be paid to such employee.

 

(c)        The allowances referred to in subclause (ii) (a) and (b) of this clause are payable to part-time employees on the basis of one fifth of the full weekly allowance for each shift worked in the week.

 

(d)        An employer may elect to provide a uniform for employees in lieu of the provisions of subclause (ii) (a) of this clause.

 

9.  Payment of Wages

 

(i)         Wages and other payments earned during the pay period will be paid not more than three working days from the end of the pay period.  An employer may pay in cash or by cheque or electronic transfer or other arrangement by agreement with the employee.

 

(ii)        Depending on the employer's pay period, full time employees will be paid weekly, fortnightly, four weekly, or monthly.  Part time or casual employees will be paid weekly or fortnightly.

 

(iii)       On or prior to the pay day the employer shall state to each employee in writing the amount of wages to which he is entitled, the amount of deductions there from, and the net amount being paid to him.

 

10.  Permanent Part-Time and Casual Employees

 

1.          Casual Employees

 

(i)         A casual employee is one engaged on an hourly basis otherwise than as a permanent part-time employee or full-time employee

 

(ii)        A casual employee may only be engaged in the following circumstances:

 

(a)        for short term periods where there is a need to supplement the workforce arising from fluctuations in the needs of the facility; or

 

(b)       in the place of another employee who is absent; or

 

(c)        in an emergency.

 

(iii)       A casual employee shall be paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of the appropriate rate, prescribed by this award, plus 15 per cent thereof, with a minimum payment of two (2) hours for each engagement and one thirty-eighth of the uniform and laundry allowances, where a uniform is not supplied.

 

(iv)       A casual employee who is required to and does work on a public holiday shall be paid double time and one half for all time worked in lieu of the 15% allowance provided for in subclause 1(iii) of this clause.

 

(v)        For weekend work, casual employees shall receive the rates that would apply to them if they were full time or part time employees in lieu of the 15% allowance provided for in subclause 1 (ii) of this clause.

 

(vi)       With respect to a casual employee, the provisions of the following clauses shall not apply:-

 

Clause 13, Annual Leave; Clause 15, Compassionate Leave; and Clause 20, Sick Leave.

 

(vii)      Casual employees will be paid one‑twelfth of the ordinary hourly rate as referred to in subclause 1 (iii) of this clause, as pro rata annual leave.  For the purposes of this Award, the hourly rate referred to herein shall be one thirty-eight (1/38th) of the appropriate weekly rate.  Such payment shall be made on the normal pay day of the employee.

 

(viii)     Casual employees may be engaged by agreement on 2 or more starts per day.

 

2.          Permanent Part-time Employees

 

(i)         A permanent part-time employee is one who is permanently appointed to work a specified number of hours which are less than those prescribed for a full-time employee.

 

(ii)        Permanent part time employees have full-time employee entitlements on a pro rata basis.

 

(iii)       Permanent Part-time employees shall be paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of the appropriate weekly rate.

 

(iv)       Permanent Part-time employees shall be entitled to all other benefits of this award not otherwise expressly provided for herein or in any other appropriate legislation, in the same proportion as their ordinary hours of work bear to full-time hours.

 

(v)        Permanent Part time employees may only be engaged on 2 or more starts per day if such arrangements are requested by the employee in writing and agreed upon by the employer in writing.  In case of difficulties the Union should be consulted.

 

11.  Termination of Employment

 

(i)         Employment, other than of a casual, will be terminated only by appropriate notice on either side or by the payment by the employer or forfeiture by the employee of wages in lieu of notice.

 

(ii)        Notice of termination -

 

Period of Continuous Service

Minimum Period of Notice

 

 

1 year or less

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

 

(iii)       Employees with at least 2 year's service aged 45 or older will be given an additional one week's notice.

 

(iv)       Casuals are to be given and will give notice to the end of the current shift worked.

 

(v)        The employer may, without notice, summarily dismiss an employee at any time for misconduct or wilful disobedience.  Payment is up to the time of dismissal only.  Serious misconduct is where it would be unreasonable to require the employer to continue the employment during a notice period.

 

(vi)       The employer will give the employee a statement signed by the employer stating the period of employment and when the employment was terminated if the employee requests.

 

(vii)      An employee shall give the employer two weeks notice of termination in writing.

 

12.  Supported Wage System

 

This clause defines the conditions which apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In this clause the following definitions apply:

 

"Supported wage system" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in "Supported Wage System: Guidelines and Assessment Process"

 

"Accredited assessor" means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system.

 

"Disability support pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

 

"Assessment instrument" means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

 

13.  Annual Leave

 

(i)         Period of Leave - An employee who has been in the service of the same employer for a period of not less than twelve months shall be granted four weeks annual leave.

 

(ii)        Annual Leave Exclusive of Public Holidays - The annual leave prescribed in subclause (i) of this clause shall be exclusive of any of the holidays prescribed by Clause 19, Public Holidays, and if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.

 

(iii)       Leave to be Taken - The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by subclause (vii) of this clause, payment shall not be made or accepted in lieu of annual leave.

 

(iv)       Time of Taking Leave - Annual leave shall be given at a time determined by mutual agreement between the employer and the employee within a period not exceeding six months from the date when the right to annual leave accrued and after not less than four weeks' notice to the employee.

 

(v)        Leave Allowed Before Due Date - An employer may allow annual leave to an employee before the right has accrued due, but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which annual leave had been taken before it accrued.

 

(vi)       Payment for Period of Leave - Each employee before going on leave shall be paid for the period of such leave provided the period is not less than one week.

 

(vii)      Proportionate Leave - Where the employment of any employee is terminated at the end of a period of employment of less than twelve months, the employer shall pay to the employee, in addition to all other amounts due, an amount equal to 1/12th of the employee’s ordinary pay.

 

(viii)     Sickness During Annual Leave - Where an employee becomes sick whilst on annual leave for a period of not less than five days on which he/she would otherwise have worked, and immediately forwards to the employer a certificate from a registered medical practitioner, then the number of days not less than five specified in this certificate shall be deducted from any sick leave entitlement standing to the employee's credit, and shall be re-credited to the his/her annual leave entitlement.

 

14.  Annual Leave Loading

 

(i)         An annual leave loading of 17.5 per cent is payable upon and in addition to the employee's ordinary weekly rate prescribed under Clause 7, Wages, of this award for the period of the annual leave taken, when the employee takes such leave.  Allowances, penalty rates, overtime 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.

 

(ii)        No loading is payable to an employee who takes an annual holiday wholly or partly in advance during the first year of employment.  If the employment of such an employee continues until the day when he or she would have become entitled under the Annual Holidays Act 1944 to Annual Leave, the loading is then paid in respect of the period of such holiday.

 

15.  Compassionate Leave

 

An employee shall on production of satisfactory evidence be entitled -

 

(i)         On the death or serious illness within Australia of a wife, husband, father, mother, brother, sister, child, step-child, mother-in-law or father-in-law, grand-parent, grand-child or next of kin - to leave without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days work.

 

(ii)        On the death only outside Australia of a wife, husband, mother, father, sister, brother, child or next of kin - to leave without deduction of pay for a period not exceeding the number of hours worked by the employee in three ordinary days' work.

 

(iii)       Provided that the aggregate of all leave taken in any year pursuant to this clause shall not exceed the number of hours worked by the employee in six ordinary days' work. Provided further that this clause shall have no effect while the period of entitlement to leave under it coincides with any other period of entitlement to leave.

 

(iv)       For the purpose of this clause the words "wife" and "husband" shall include a person who lives with the employee as a de facto wife or husband.

 

16.  Personal/Carer’s Leave

 

1.          Use of Sick Leave to Attend Family or Household Member

 

1.1        An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this sub-clause any sick leave entitlement which accrues for absences to provide care and support for such persons when they are ill.

 

1.2        The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

1.3        The entitlement to use sick leave in accordance with this sub-clause is subject to:

 

(a)        the employee being responsible for the care and support of the person concerned;  and

 

(b)       the person concerned being :

 

a spouse of the employee;

 

a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife or the person on a bona fide domestic basis although not legally married to that person; or

 

a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

a same sex partner who lives with the employee as a de factor partner of the employee on a bona fide domestic basis;

 

a relative of the employee who is a member of the same household, where for the purpose of this paragraph:

 

(1)        "relative" means a person related by blood, marriage or affinity;

 

(2)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other;  and

 

(3)        "household" means a family group living in same domestic dwelling.

 

1.4        The employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

2.          Unpaid Leave for Family Purposes

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 1.3(b) above who is ill.

 

3.          Annual Leave

 

3.1        To give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in any calendar year at a time or times agreed between the parties.

 

3.2.       Access to annual leave as prescribed in paragraph 3.1 above, shall be exclusive of any shutdown period.

 

3.3.       An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least 5 consecutive annual leave days are taken.

 

4.          Time Off in lieu of Payment for Overtime

 

4.1        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.

 

4.2        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

4.3        An employer shall, if requested by an employee, provide payment at the rate provided for the payment of overtime in the award, for any overtime worked under paragraph 4.1 of this subclause where such time has not been taken within four weeks of accrual. Notwithstanding anything contained elsewhere in this subclause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked under 4.1 above as an overtime payment or as time off work at the ordinary time rate of pay.

 

5.          Make-Up Time - An employee may elect, with the consent of their employer, to work "make‑up" time under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award, at ordinary rates.

 

17.  Long Service Leave

 

(i)         Every employee after fifteen years' continuous service with the same employer shall be entitled to three months' leave of absence on full pay and for each additional five years' continuous service thereafter, to an additional one and one-half months' leave of absence on full pay.

 

(ii)        Any employee who has completed ten years of continuous service with the same employer shall be entitled to take such leave, computed on a pro-rata basis of three months' leave on full pay for fifteen years service.  Such leave in all cases to be taken at a time to be mutually arranged between the employer and the employee.

 

(iii)       Where the service of an employee with at least five years' service is terminated, the employee shall be entitled for five years' service to one months long service leave on full pay and for service after five years, a proportionate amount of such leave on full pay calculated on the basis of 3 months long service leave for fifteen years service.

 

(iv)       Where an employee has acquired a right to extended leave with pay under subclause (i) of this clause, then and in every such case:

 

(a)        If before such leave has been entered upon, the employment of such employee has been terminated, such employee shall be able to receive the monetary value of the leave to which such employee has been entitled computed at the rate of salary which such employee was receiving immediately prior to the termination of employment.

 

(b)        If such employee dies before entering upon such extended leave, or if after having entered upon same, dies before its termination, his/her estate shall be entitled to receive the monetary value of the leave not taken or not completed, as the case may be, and computed at the rate of salary the employee was receiving at the time of the employees' death.

 

(v)        For the purpose of this clause:

 

(a)        Continuous service with the same employer prior to the coming into force of this award shall be taken into account.

 

(b)        One month equals four and one third weeks.

 

(vi)       Continuous service shall be deemed not to be broken by:

 

(a)        Any period of absence on leave without pay not exceeding six months with the exception of maternity leave where up to twelve months unpaid leave can be taken without a break in service (see clause 21).

 

(b)        Absence of an employee from the workplace whilst a member of the Defence Forces of the Commonwealth in a time of war.

 

(v)        Where any employee has been granted a period of long service leave prior to the coming into force of this award the amount of such leave shall be debited against the amount of leave due under this award.

 

(vi)       Any period of part time service with the employer shall count towards long service leave on the basis of the proportion that the actual number of hours each week worked as it bears to a thirty-eight hour week.  The period so calculated shall be paid for at the full weekly salary prescribed by Clause 7, Wages, of this award.

 

(vii)      Where an employee has accrued the right to an allocated day off duty on pay prior to entering a period of long service leave such day shall be taken on the next working day immediately following the period of long service leave.

 

An employee returning to duty from long service leave shall be given the next allocated day off duty in sequence irrespective of whether sufficient credits have been accumulated or not.

 

(viii)     Where a business is before, on, or after the date of this award transmitted from an employer (in this sub-clause called "the transmitter") to another employer (in this sub-clause called "the transmittee") and employees who at the time of such transmission were employees of the transmitter; service shall be deemed not to have been broken by reasons of such transmissions;  and

 

(a)        The period of employment which the employee has had with the transmitter, or any prior transmitter, shall be deemed to be in service of the employee with the transmittee;

 

(b)        In this sub-clause "business" includes, trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of Law and "transmitted" has a corresponding meaning.

 

18.  Jury Service

 

(i)         An employee other than a casual employee, required to attend for Jury Service during ordinary working hours shall be reimbursed by the employer 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.

 

(ii)        An employee shall notify the employer as soon as possible of the date upon which he/she is required to attend for Jury Service.  Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such Jury Service.

 

19.  Public Holidays

 

(i)         Full-time and Permanent Part-time employees shall be entitled to holidays on the following days without deduction of pay:

 

New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day; and in addition, a day between Christmas Day and New Year shall be observed as a public holiday in lieu of the August Bank holiday.

 

(ii)

 

(a)        When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

 

(b)        When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

 

(c)        When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

 

(iii)       Where in a locality, public holidays are declared or prescribed on days other than those set out in subclause (i)(a) of this clause, those days shall constitute additional holidays for the purpose of this award.

 

(iv)       An employer, with the agreement of the union which is party to this award, may substitute another day for any prescribed in this clause.

 

(v)

 

(a)        An employer and his or her employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.

 

(b)        An agreement pursuant to paragraph (iv) of this clause shall be recorded in writing and be available to every affected employee.

 

(c)        The union which is party to this award shall be informed of an agreement pursuant to paragraph (iv) of this clause and may within seven days refuse to accept it. The union will not unreasonably refuse to accept the agreement.

 

(d)        If a union, pursuant to paragraph (v)(c) of this clause, refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees and the union.

 

(e)        If no resolution is achieved pursuant to paragraph (d) of this clause, the employer may apply to the Industrial Relations Commission for approval of the agreement reached with his or her employees. Such an application must be made fourteen or more days before the prescribed holiday.

 

After giving the employer and union an opportunity to be heard, the Industrial Relations Commission will determine the application.

 

(vi)       If an employee works on any of such holidays he or she shall be paid at the ordinary time rate of pay for the time so worked, in addition to which he or she shall be entitled to receive within 4 weeks following the date on which such holiday occurred:

 

(a)        one and a half extra day's pay; or

 

(b)        one and a half days off in lieu of which at least seven days' notice shall be given.

 

20.  Sick Leave

 

(i)         If after three months continuous service with the employer an employee is unable to attend for duty by reason of personal illness or incapacity (not where entitled to payment under the Injury Management and Workers Compensation Act 1998 or other relevant Act) the employee will be paid for such non attendance for up to eight (8) days in the first year of service and ten days per annum in each subsequent year..

 

Provided that such illness is certified by a registered medical practitioner and such certificate is tendered to the employer within 48 hours of the commencement of such absence.

 

(ii)        An employee who claims to be allowed sick leave for one day only may be absent through sickness without furnishing evidence of such sickness on not more than three occasions in any one year.

 

(iii)       An employee shall be entitled to the benefits in subclauses (i) and (ii) of this clause, subject to the following conditions and limitations:

 

(a)        The employee shall, at least 2 hours before his or her time rostered to commence duty on the first day of absence, inform the employer of his or her inability to attend for duty and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

 

(b)        Prove to the satisfaction of the employer that he or she was unable, on account of the injury or illness, to notify the employer as required under subclause (i) of this clause.

 

Provided that employees rostered for duty prior to 10.00 am on the first day of such absence, shall not be required to give such notice before 7.00am

 

(iv)       Cumulative Sick Leave - If the full period of sick leave as prescribed in subclause (i) of this clause is not taken in any year, such portion as is not taken shall be cumulative from year to year for a total period of six years.

 

21.  Parental Leave

 

A.        Maternity leave - An employee will be entitled to maternity leave as follows:

 

(i)         Maternity leave is unpaid leave.

 

(ii)        An employee who has at least twelve months’ continuous service with an employer is entitled to maternity leave for a period of up to 52 weeks, such period being reduced by any period of paternity leave taken by the employee’s spouse.

 

(iii)       An employee must, not less than ten weeks prior to the presumed date of confinement, give notice in writing to the employer stating the presumed date of confinement.

 

(iv)       The employee must give not less than four weeks’ notice in writing to the employer of the date upon which she proposes to commence maternity leave stating the period of leave to be taken.

 

(v)        Unless the parties agree otherwise, the period of maternity leave may be lengthened once only by the employee giving the employer not less than fourteen day’s notice in writing stating the period by which the leave is to be lengthened (being a period which will not result in more than 52 weeks’ maternity leave being taken).

 

(vi)       An employer must not terminate the employment of an employee on the ground of her pregnancy or her absence on maternity leave but otherwise the rights of an employer in relation to termination are unaffected.

 

(vii)      An employee on maternity leave must confirm her intention to return to work by notice in writing given not less than four weeks prior to the expiration of her period of maternity leave.

 

(viii)     An employee upon returning to work will be entitled to the position she held immediately before proceeding on maternity leave. Where such position no longer exists, the employee will be entitled where possible to a position as nearly comparable in status and pay to that of her former position.

 

B.         Paternity leave - An employee will be entitled to paternity leave as follows:

 

(i)         Paternity leave is unpaid leave.

 

(ii)        An employee who has at least twelve months’ continuous service with an employee will be entitled to paternity leave for one or two periods of paternity leave, which together do not exceed a period of 52 weeks, such period being reduced by any period of maternity leave taken by the employee’s spouse. Paternity leave is not to be taken concurrently with maternity leave taken by the employee’s spouse.

 

(iii)       If paternity leave is broken into two periods, they shall be as follows:

 

(a)        Unbroken period of up to one week at the time of confinement of the employee’s spouse;

 

(b)       Further unbroken period of up to 51 weeks.

 

(iv)       An employee must when applying for paternity leave produce to the employer:

 

(a)        A certificate from his spouse’s registered medical practitioner detailing the pregnancy and confinement;

 

(b)       Statutory declarations detailing various matters relating to paternity leave.

 

(v)        The employee must give not less than ten weeks’ notice in writing to the employer of the dates upon which he proposes to commence any periods of paternity leave stating the period of leave to be taken.

 

(vi)       Unless the parties agree otherwise, the period of paternity leave may be lengthened once only by the employee giving the employer not less than fourteen days’ notice in writing stating the period by which the leave is to be lengthened (being a period which will not result in more than 52 weeks’ paternity leave being taken).

 

(vii)      An employer must not terminate the employment of an employee on the ground of his absence on paternity leave but otherwise the rights of an employer in relation to termination are unaffected.

 

(viii)     An employee on paternity leave must confirm his intention to return to work by notice in writing given not less than four weeks prior to the expiration of his period of paternity leave.

 

(ix)       An employee upon returning to work will be entitled to the position he held immediately before proceeding on paternity leave. Where such position no longer exists, the employee will be entitled where possible to a position as nearly comparable in status and pay to that of his former position.

 

C.         Adoption leave

 

An employee will be entitled to adoption leave as follows:

 

(i)         Adoption leave is unpaid leave.

 

(ii)        An employee who has at least twelve months’ continuous service with an employer will be entitled to adoption leave for one or two periods of adoption leave, which together do not exceed a period of 52 weeks, such period being reduced by any period of adoption leave taken by the employee’s spouse.

 

(iii)       Adoption leave may be broken into two periods as follows:

 

(a)        An unbroken period of up to three weeks at the time of the placement of this child,

 

(b)       An unbroken period of up to 52 weeks from the time of the child’s placement (less any time taken under paragraph.(iii)(a)of this clause.

 

(iv)       Before taking adoption leave, the employee must produce to the employer:

 

(a)        A statement from the adoption agency concerning the presumed date of placement of the child.

 

(b)       A statement from the appropriate government authority confirming that the employee is to have custody of the child.

 

(c)        A statutory declaration detailing various matters in relation to adoption leave.

 

(v)        The employee must give not less than fourteen days’ notice in writing to the employer of the date when the employee proposes 10 commence a period of adoption leave at the time of placement of the child.

 

(iv)       The employee must give not less than ten weeks’ notice in writing to the employer of the date when the employee proposes to commence adoption leave following placement of the child.

 

(vii)      Unless the parties agree otherwise, the period of adoption leave may be lengthened once only by the employee giving the employer not less than fourteen days’ notice in writing stating the period by which the leave is to be lengthened (being a period which will not result in more than 52 weeks’ adoption leave being taken).

 

(viii)     An employer must not terminate the employment of an employee on the grounds of his/her absence on adoption leave but otherwise the rights of an employer in relation to termination are unaffected.

 

(ix)       An employee on adoption leave must confirm his/her intention to return to work by notice in writing given not less than four weeks prior to the expiration of his/her period of adoption leave.

 

(x)        An employee upon returning to work must be entitled to the position he/she held immediately before proceeding on adoption leave. Where such position no longer exists, the employee will be entitled where possible to a position as nearly comparable in status and pay to that of his/her former position.

 

22.  Conference and Training Leave

 

(i)         An employee shall be entitled to three (3) days paid leave per year to attend conferences/training that the employer agrees will further the professional development and/or knowledge of the employee in his/her current position

 

(ii)        The employer shall pay all expenses involved in employees attending such conferences or training sessions.

 

23.  Hours of Work

 

(i)         Hours of work are rostered to establish nominal starting and finishing times for employees.  The ordinary working hours, exclusive of meal times, will not exceed an average of 38 hours per one-week period.

 

(ii)        Ordinary hours for full time or part time employees are between 7.00am to 7.00pm Monday to Friday and 6.00am to 12 noon Saturday.  Hours worked by full time and part time employees outside these times attract overtime rates in accordance with clause 9.

 

(iii)       By mutual agreement there can be four (4) shifts of not more than 9.5 hours each in any one week.

 

(iv)       Where a practice seeks to regularly work outside the above span of hours, the practice shall notify the Union in writing as to its desired arrangements and appropriate discussions will occur so as to introduce appropriate shift arrangements.

 

24.  Overtime

 

(i)         A practice may require an employee to work reasonable overtime and such employee shall work overtime in accordance with such requirement.

 

(ii)        Only authorized overtime shall be paid for in the following manner:

 

In excess of ordinary hours work on any one day - time and a half for the first two hours and double time thereafter.

 

(iii)       A full time employee who on any given day works outside the ordinary rostered hours of his or her employment for a period of less than 30 minutes, shall be entitled to an equivalent amount of time off work, at a time mutually convenient to the employee and the employer.

 

(iv)       A permanent part time employee who on any given day works outside the ordinary rostered hours of full time employees employed in a similar position for a period of less than 30 minutes, shall be entitled to elect to take either an equivalent amount of time off work at a time mutually convenient to the employee and the employer or payment in accordance with subclause (i) of clause 23, Hours of Work, of this Award.

 

(v)        A permanent part time employee who on any given day works outside the ordinary rostered hours of full time employees employed in the practice for a period in excess of 30 minutes, shall be entitled to receive overtime payment at the rate of time and a half for the first 2 hours and double time thereafter.  In lieu of overtime payment an employee may elect to take time off work at a time mutually convenient to the employee and the employer.  The hourly rate for overtime shall be calculated by dividing the weekly rate by thirty-eight (38).

 

(vi)       A permanent part time employee who by agreement with the employer works beyond his or her ordinary rostered hours, or on days on which he or she does not usually work shall be paid at ordinary rates of pay subject to Clauses 7, Wages; subclauses (iv) and (v) of clause 10, Permanent Part-time and Casual employees; and Clause 23, Hours of Work, of this Award.

 

(vii)      For work done by a casual employee in excess of an average of 38 hours in a week the rate of pay will be time and a half for the first 2 hours and double time thereafter. Overtime for such employees will be calculated on a pay period basis.

 

(viii)     Where an employee is recalled to work after leaving the premises they shall be paid a minimum of four hours at the appropriate overtime rate.

 

25.  Rest Period

 

At a time suitable to the employer 2 rest periods each of 10 minutes or by mutual agreement one 20 minute rest period shall be given to each employee during each 8-hour period of duty and shall be counted as time worked.

 

No employee shall be required to work more than 5 hours without a break.

 

26.  Meals

 

(i)         An unpaid break of not less than thirty (30) minutes and not more than one (1) hour will be allowed for a meal within five (5) hours of commencement.  This provision may be varied by agreement between the employer and an individual employee.

 

(ii)        Where work is required urgently the unpaid meal break may be deferred, and must be taken as soon as practicable.

 

27.  Anti-Discrimination

 

(i)         It is 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.

 

(ii)        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.

 

(iii)       Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(v)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by 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".

 

28.  Redundancy

 

A.        Discussion before Termination

 

(i)         This is a dispute settling procedure concerning the matter of redundancy. It supplements and adds to the current dispute settling procedure in Clause 31, Grievance and Industrial Dispute Procedure.

 

(ii)        Where a definite decision has been made by an employer that the employer no longer wishes the job an employee has been doing to be done by anyone and that this is not due to the ordinary and customary turnover of labour, and that the decision may lead to termination of employment, the employer shall hold discussions with the employee(s) directly affected and with the Health Services Union in a manner consistent with Clause 31, Grievance and Industrial Dispute Procedure, of this Award.

 

(iii)       These discussion shall take place as soon as is practicable after the employer has made a definite decision, which will invoke the provisions of subclause (ii) of paragraph A, Discussion before Termination, and shall cover, inter-alia, any reason for the proposed termination(s), measures to avoid or minimalise the termination(s) and measures to mitigate any adverse effects of any termination(s) on the employees concerned.

 

(iv)       For the purposes of the discussion the employer shall, as soon as practicable, provide in writing to the employee(s) concerned and the Union, all relevant information about the proposed termination(s) including the reasons for the proposed termination(s), the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the termination(s) are likely to be carried out. 

 

Provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer’s interests.

 

B          Time off during the notice period

 

(a)        During the period of notice of termination given by the employer, each affected employee shall be allowed up to one day's time off without loss of pay for each week of notice, up to a maximum of five days off, for the purposes of seeking other employment.

 

(b)        If an employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, if the employer so requests, the employee shall be required to produce proof of attendance at an interview.  If the employee is so required to produce such proof of attendance and fails to do so, the employee shall not be entitled to receive payment for such time.

 

C.         Employee Leaving During Notice Period

 

An employee whose employment is terminated for reasons set out in subclause (ii) of paragraph A, Discussion before Termination, 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 has the employee remained with the employer until the expiry date of such notice.  Provided that is such circumstances the employee shall not be entitled to payment in lieu of notice.

 

D.         Statement of employment

 

The employer shall provide to each employee whose employment has been terminated, a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

E.         Transfer to Lower Paid Duties

 

Where an employee is transferred to a lower paid duties for reasons set out in subclause (ii) of paragraph A, Discussion before Termination, of this clause, the employee shall be entitled to the same period of notice of transfer as they would have been entitled to if their employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

 

F.         Retrenchment Pay

 

In addition to the period of notice determined under clause 11, Termination of Employment, and subject to further awards of the Industrial Relations Commission, an employee whose employment is terminated for reasons set out in subclause (ii) of paragraph A, Discussion before Termination, of this clause, shall be entitled to the following amount of Retrenchment pay in respect of continuous period of service:

 

(i)         Where the employee is under 45 years of age, the employer shall pay the employee in accordance with the following scale:

 

Years of Service

Minimum Amount of Retrenchment Pay

Less than 1 year

Nil

1 year and less than 2 years

4 weeks pay

2 years and less than 3 years

7 weeks pay

3 years and less than 4 years

10 weeks pay

4 years and less than 5 years

12 weeks pay

5 years and less than 6 years

14 weeks pay

6 years and over

16 weeks pay

 

(ii)        Where the employee is 45 years of age or over, the employer shall pay the employee in accordance with the following scale:

 

Years of Service

Minimum Amount of Retrenchment Pay

Less than 1 year

Nil

1 year and less than 2 years

5 weeks pay

2 years and less than 3 years

8.75 weeks pay

3 years and less than 4 years

12.5 weeks pay

4 years and less than 5 years

15 weeks pay

5 years and less than 6 years

17.5 weeks pay

6 years and over

20 weeks pay

 

(iii)       "Weeks’ Pay" means the ordinary time rate of pay for the employee concerned.

 

For the purpose of definition, the term "Weeks’ Pay" in this clause means:

 

(a)        Where no ordinary time of pay is fixed for an employee’s work under the same terms of his/her employment, the ordinary rate of pay shall be deemed to be the average weekly rate earned by the employee during the period of twelve months immediately prior to the termination.

 

(b)       Where no normal weekly number of hours is fixed for a worker under the terms of his/her employment, the normal number of hours worked shall be deemed to be the average weekly number of hours worked by the employee during the period of twelve months referred to in subparagraph (a) of subclause (iii) hereof.

 

(c)        For the purpose of this clause, continuity of service shall be calculated in the following manner:

 

(1)        Any period of unemployment less than six months shall be disregarded;

 

(2)        Any period of less than six months continuous service duration shall be disregarded.

 

G.         Alternative Employment

 

Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause F, Retrenchment Pay, above, if the employer obtains acceptable alternative employment for an employee.

 

H.            Employees with less that one year’s Continuous Service

 

This Clause shall not apply to employees with less that one year’s continuous service.

 

I.          Superannuation Benefits

 

(i)         Subject to a further Award by the Industrial Relations Commission, where an employee who is terminated receives a benefit from a superannuation scheme, he/she shall only receive under paragraph F, Retrenchment Pay, hereof the difference between the severance pay specified in the sub-clause and the amount of superannuation benefit the employee receives which is attributed to employer contributions only.

 

(ii)        If this superannuation benefit is greater than the amount due under paragraph F, Retrenchment Pay, hereof, then the employee shall receive no payment under that clause.

 

J.          Employees Exempted

 

This part shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, or in the case of casual employees engaged for a specific period of time or for a specified task or tasks.

 

K.         Employers Exempted

 

Subject to an award of the Industrial Relations Commission of New South Wales, in a particular redundancy case, this part shall not apply to employers who employ less than fifteen (15) employees whether under this award or otherwise.

 

L.         Transmission of Business

 

There a business is before, on, or after the date of this award transmitted from an employer (in this sub-clause called "the transmittor") to another employer (in this sub-clause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor; service shall be deemed not to have been broken by reasons of such transmissions;  and

 

(i)         The period of employment which the employee has had with the transmittor, or any prior transmittor, shall be deemed to be in service of the employee with the transmittee;

 

(ii)        In this sub-clause "business" includes, trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation  of Law and "transmitted" has a corresponding meaning.

 

M.        Incapacity to Pay

 

An employer, in a particular redundancy case, may make application to the Industrial Relations Commission of New South Wales to have the general severance pay prescription varied on the basis of the employer’s incapacity to pay.

 

N.         Centrelink Employment Separation Certificate

 

The employer shall provide to an employee whose employment has been terminated an Employment Separation Certificate in the form required by Centrelink.

 

29.  Superannuation

 

(i)         Superannuation is dealt with extensively by the legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

(ii)        For the purposes of this Award, "Approved Fund" under definition within the Act shall include the following:

 

(a)        an existing fund to which the employer contributed before the date the award is made which complies with the Occupational Superannuation guidelines;  or

 

(b)        any other approved fund, eg. "MEDPRAC" (Medical Practice Superannuation Scheme),  "HESTA", etc., at any time during the life of this award.

 

30.  Disciplinary Procedures

 

(i)         Where disciplinary action is necessary, the management representatives shall notify the employee of the reason.  The first warning shall be verbal and will be recorded on the employee's personal file.

 

(ii)        If the problem continues the matter will be discussed with the employee and a second warning in writing will be given to the employee and recorded on the employee's personal file. The employee has the right to union representation.

 

(iii)       If the problem continues, the employee will be again seen by management. A final warning in writing may be given.  The employee has the right to union representation.

 

(iv)       In the event of the matter recurring, then the employee may be terminated.  No dismissals are to take place without the authority of senior management.

 

(v)        Summary dismissal of an employee may still occur for acts of "serious and willful misconduct".

 

(vi)       If a dispute should arise over the disciplinary action, the course of action to be followed is that the matter shall be referred to a committee of two employer representatives and two employee representatives for resolution. Where such a committee cannot reach a majority decision the matter may be referred to the Industrial Relations Commission.

 

(vii)      If after any warning, a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning must be removed from the employee's personal file.

 

(viii)     Distribution of these Procedures - All new employees shall be handed a copy of these procedures on commencement of employment.

 

31.  Grievance and Industrial Disputes Procedure

 

(i)         Preamble

 

(a)        It is the objective of these procedures to ensure that grievances are resolved by negotiation and discussion between the parties.

 

(b)        The parties to this award recognise that from to time to time individual employees may have grievances which need to be resolved in the interests of good relationships.

 

(c)        An employee will have the right for a grievance to be heard through all levels of line management.

 

(ii)        Grievance Procedure

 

(a)        In the first instance the employee is to discuss any problem or concern with the immediate supervisor who will endeavour to resolve the issue expeditiously.

 

(b)        Any unresolved matter will be referred by the employee to a designated person after the employee notifies the immediate supervisor.  The immediate supervisor will also attend the conference organised by the designated person to discuss the matter.

 

(c)        Should the matter remain unresolved, appropriate assistance should be sought from the Practice Manager or other nominated representative(s) of the employer.

 

(d)        In the event of no agreement being reached, the matter will be referred to the Partners or their nominee(s).

 

(e)        An employee may be represented by a local representative of his or her choosing or by representatives of the union.

 

(f)         Where the matter involves either party seeking to change an existing agreement or practice, the parties will endeavour to identify and agree on what was the status quo, which will then continue to prevail until the parties have exhausted all steps in the above procedure.

 

(iii)       Industrial Disputes Procedure

 

The employee and the employer will confer with a view to resolving all industrial disputes by direct negotiation and consultation.  All disputes will be dealt with in the following manner so as to ensure the orderly settlement of the matters in question.

 

(a)        Any industrial dispute which arises will, where possible, be settled by discussion on the job between the employee and the employee's immediate supervisor in accordance with the Grievance Procedure.

 

(b)        If the matter is not resolved, the matter will be further discussed between the affected employee, the employee's nominated representative (who may be a Union representative) and the supervisor or manager of the relevant section or department, and the assistance of the employer's industrial relations representative will be sought.

 

(c)        If no agreement is reached, the employee's nominated representative will discuss the matter with the employer's industrial relations representative.

 

(d)        In the interest of patient care work will continue normally.  No party will be prejudiced as to the final settlement by the continuance of work in accordance with the procedures.

 

(e)        Should the matter still not be resolved, it may be referred by the parties to the Industrial Relations Commission for conciliation or arbitration.

 

32.  Labour Flexibility

 

The parties agree that the terms and conditions of this award may be varied to provide more flexibility provided that:

 

(i)         Employers and employees agree, by mutual agreement, and that such agreement be in writing and signed by the parties.

 

(ii)        That such agreed upon arrangements do not offer any entitlements that are less than those in this award.

 

(iii)       That such agreed upon arrangements be ratified by the Union prior to implementation.

 

33.  Reasonable Hours

 

(i)         Subject to sub-clause (ii) an employer may require an employee to work reasonable overtime at overtime rates.

 

(ii)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(iii)       For the purposes of sub-clause (ii) what is reasonable or other wise will be determined having regard to:

 

(a)        any risk to employee health and safety.

 

(b)        The employee’s personal circumstances including any family and carer responsibilities.

 

(c)        The needs of the workplace or enterprise.

 

(d)        The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)        Any other relevant matter.

 

34.  Vaccinations

 

The employer may request that the Orthoptists maintains relevant vaccinations to protect themselves from work related viruses.  Where the employer requests or agrees to vaccinations, the employer shall reimburse the employee for the costs associated with the vaccination and consultation.  Alternatively, the employer may make arrangements to provide vaccinations through the practice."

 

 

 

R. P. BOLAND  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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