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.