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SERIAL C7066

Nurses, Non-Government Schools (State) Award

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

(No. IRC 1581 of 2008)

Before Commissioner Macdonald

18 May 2009

REVIEWED AWARD

PART A

1. Arrangement

PART A

Clause No. Subject Matter

1. Arrangement

2. Definitions

3. Contract of Employment

4. Hours

5. Overtime

6. Salaries

7. Call Back

8. Payment of Salaries

9. Higher Grade Duty

10. Time off Duty

11. Annual Leave

12. Annual Leave Loading

13. Long Service Leave

14. Parental Leave

15. Sick Leave

16. Carers Leave

17. Bereavement Leave

18. Allowances

19. Accommodation and Meals

20. Anti-Discrimination

21. Dispute Procedure

22. Labour flexibility

23. Exemptions

24. No Extra Claims

25. Remuneration Packaging

26. Superannuation

27. Secure Employment

28. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Salaries

Table 2 - Other Rates and Allowances

Table 3 - Deductions

2. Definitions

Unless the context otherwise indicates or requires, the several expressions hereunder defined shall have the respective meanings assigned to them:

(i) "Accommodation" means a residence, including but not limited to a unit, flat or house, supplied by the Employer to the nurse as part of his or her conditions of employment.

(ii) "Appropriate weekly rate" means the rate obtained by dividing the relevant annual rate for an employee by 52.142857 calculated to the nearest ten cents - any amount less than five cents to be disregarded.

(iii) "Association" means the New South Wales Nurses' Association.

(iv) "Award" means the Nurses, Non-Government Schools (State) Award.

(v) "Board" means the Nurses' & Midwives Board of New South Wales.

(vi) "Call Back" means being required to return to school out of rostered hours.

(vii) "Casual Nurse" means a nurse who is engaged and paid as such.

(viii) "Employer" means the employer of an employee to whom the award applies.

(ix) "Full time Nurse" means a nurse who is engaged to work 38 hours per week.

(x) "Off-Site" means an employee residence other than the school site.

(xi) "Part time Nurse" means a nurse who is engaged to work regularly, but for less than 38 hours per week.

(xii) "Registered Nurse" means a person registered by the Board as such.

(xiii) "Senior Nurse" means a registered nurse appointed to be in charge of one or more registered nurses.

(xiv) "Nurse in Charge" means a registered nurse appointed to be in charge of four or more registered nurses

(xv) "Service" for the purpose of clause 6, Salaries, of this award means service before or after the commencement of this award in New South Wales or elsewhere as a registered nurse, general nurse, geriatric nurse, mental retardation nurse, infants nurse, midwifery nurse, mothercraft nurse or psychiatric nurse, as the case may be; provided that following initial registration as a general, mental retardation or psychiatric nurse, all subsequent registered service shall count.

Provided that incremental salary progression for all part-time and casual employees shall be on the basis of employees having completed the equivalent of one year's full-time employment on each step of the scale i.e. 1,982 hours. All paid leave shall count towards service.

(xvi) "Temporary Employee" means an employee employed to work full time or part time for a specified period which is not more than a full school year but not less than four school weeks.

Provided that an employee may be employed for a specific period in excess of a full school year but not more than two full school years where such an employee is replacing an employee who is on leave for a specified period in excess of a full school year.

3. Contract of Employment

(i) Letter of Appointment

On appointment, the employer shall provide to a nurse, other than a casual nurse, a letter setting out the following:

(a) the classification and rate of pay of the nurse; and

(b) the number of hours to be worked each week and the number of weeks or days to be worked throughout the year; and

(d) whether the rate of pay is payable during term time only or throughout the year in accordance with subclause (iv) of clause 6, Salaries.

If there is a requirement to work during school vacations the number of such days to be worked shall be clearly specified.

(ii) Probationary Period

A new employee may be appointed by the employer, with notice in writing, on a probationary basis for a period not exceeding three months.

(iii) Stand down

(a) A nurse may be stood down on leave of absence without pay during all school vacation periods when no work is available. Provided that the contract of employment shall be deemed not to have been broken for all award and statutory purposes by such leave of absence during vacation periods. Provided that such leave of absence during pupil vacation periods shall count as service for all award and statutory purposes.

(b) Where the employment of a nurse is terminated by the employer in accordance with the provisions of this clause through no fault of the nurse within one week of the end of any school term or during the following vacation, and such nurse whose services are so terminated is re-employed by the same employer before the expiration of two weeks after the commencement of the next school term, the contract of employment shall not be deemed to have been broken for the purposes of the Long Service Leave Act, 1955.

(iv) Termination of employment

(a) Except for the first week of employment, the employment of a full-time or part-time nurse may be terminated by either party by giving notice to the other party as set out in the following table "Period of Notice", or by the payment or forfeiture of the equivalent wages in lieu of notice.

Period of Notice

Years of Continuous Service	Notice Period
Less than 1 year	1 week minimum
1 year and less than 3 years	2 weeks minimum
3 years and less than 5 years	3 weeks minimum
5 years and over	4 weeks minimum

(b) Paragraph (a) of this subclause shall not affect the right of the employer to dismiss any employee without notice for misconduct and in such cases wages shall be paid up to the time of dismissal only.

(v) Statement of Service

On the termination of employment the employer shall, at the request of the nurse, give to such employee a statement signed by the employer stating the period of employment, the nurse’s classification, and when the employment terminated.

(vi) Payment on Termination

Nurses terminating employment shall be paid all wages and other monies due forthwith, including any payments which may be due in lieu of annual leave and/or long service leave.

4. Hours

The ordinary hours of work, inclusive of meal times, shall be 152 hours per four week cycle and shall not exceed an average of 38 hours per week. The spread of hours shall not exceed twelve in any one day.

Rostered hours include the period where the employee is required to be available for duty other than a period overnight when the employee is sleeping on the premises.

5. Overtime

(i) An employer may require an employee to work reasonable overtime at overtime rates.

All time worked by employees in excess of the rostered daily ordinary hours of work shall be overtime and shall be paid at the rate of time and one half for the first two hours and double time thereafter in respect of each overtime shift worked or in respect of overtime worked prior to or at the conclusion of a normal shift.

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

(iii) For the purposes of subclause 5(ii) what is unreasonable or otherwise will be determined having regard to:

(a) Any risk to employee health and safety;

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

(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.

6. Salaries

(i) Full-time Nurse

The minimum weekly rate of pay for full-time employees shall, subject to the other provision of this award, be calculated by dividing the rates of pay set out in Table 1 - Wage Rates, of Part B, Monetary Rates by 52.142857

(ii) Part-time Nurse

A part-time nurse shall be paid an hourly rate calculated on the basis of 1/38 of the appropriate weekly rate prescribed by this award.

(iii) Casual Nurse

(a) Casuals shall be paid an hourly rate calculated on the basis of one thirty- eighth of the appropriate weekly rate prescribed by this award plus 20 percent (which shall include the entitlement to payment in respect of annual leave under the Annual Holidays Act, 1944) with a minimum payment of two hours for each start and shall also be paid all fares reasonably and actually incurred in travelling to and from work.

(b) A casual nurse shall not be entitled to the benefit of any of the other provisions of this award, except for subclause (i) of clause 18, Allowances, but may be provided with meals during working hours.

(iv) Temporary Nurse

(a) A temporary nurse shall be paid the appropriate weekly rate of salary prescribed by this award.

(v) Stand Down Provision for nurses not required to work non-term time

The employer may elect to stand down an employee in accordance with subclause (iii) of clause 3, Contract of Employment, or to average the employee's payment of wages over the year.

(A) Independent Schools

When the employer elects to average the employee's payment of wages in accordance with sub-clause (iii) of Clause 3, the rates will be paid in installments throughout the year including annual leave (this is not inclusive of the annual leave loading).

The following formula shall be used to determine the appropriate weekly rate:

N + 11	x	annual rate of salary
240		52.14

Where:

N = number of days the employee will be required to work each year

Provided that:

(i) the number of days worked excludes public holidays; and

(ii) for the purpose of this formula only, and to avoid a mathematical inconsistency, a part- time employee shall be deemed to work the same number of days during school terms as a full-time employee at the same school.

(a) Part time averaged rates shall be calculated by determining the full time averaged salary then dividing by 38.

(b) The rate of pay of an employee determined by paragraphs (a) of this subclause, shall be the appropriate rate for all purposes. However, such rate shall not be used in the calculation of casual and overtime rates of pay which may be payable to the employee.

(B) Catholic Standard

Full-time and part-time nurses who are not required to work 48 weeks a year shall be paid in accordance with this subclause:

(i) Where a nurse is not required to work 48 weeks in a year (excluding annual leave) then the employer may elect to stand down the nurse or to pay the nurse in accordance with paragraph (b) of this subclause.

(ii) When the employer elects to average a full-time nurse’s payment of wages under paragraphs (a) of this subclause the nurse will be paid in equal instalments throughout the year. The following formula shall be used to determine the appropriate full-time weekly rate:

(N + 11)	x	W
240

where;

W = weekly rate for employees required to work 48 weeks per year determined in accordance with paragraph (a) of subclause (vii) of this clause

N = number of days worked per year and is not less than the number of days in the school year at each school; provided that:

(1) N cannot be less than the number of school days in that school;

(2) the value of N does not include the days paid at a casual rate in Clause 8, Work During Pupil Vacation Periods;

(3) the number of days worked excludes public holidays; and

(4) N cannot exceed 229 and if it does the employee shall be paid in accordance with subclause (vii) of this clause.

Provided that where the employee works school terms only (that is, where N equals 204) this formula shall be rounded to:

0.9 x W

(iii) Part-time employees not required to work 48 weeks of the year and not stood down, for each hour worked during ordinary time, shall be paid one thirty-eighth of the minimum weekly wage calculated in accordance with paragraph (b) of this subclause, for the class of work performed by them.

(iv) The rate of pay of an employee determined by paragraphs (b) and (c) of this subclause shall be the appropriate rate for all purposes. However, such rate shall not be used in the calculation of casual and overtime rates of pay which may be payable to the employee.

(v) Rounding of Rates

The hourly rate of part-time and casual employees shall be calculated to the nearest whole cent, any amount less than half a cent in the result to be disregarded.

(vi) Absorption

The increases in minimum rates of payment may be fully absorbed at the discretion of the employer into any payment that an employee receives in excess of the rates set out in Table 1- Wage Rates of Part B - Monetary Rates at the applicable time.

7. Call Back

(i) An employee who resides off-site and is called back, with or without prior notification, shall be paid a minimum of two hours pay at the appropriate rate for each such attendance. Where an employee is recalled to duty, he or she shall be reimbursed all reasonable fares and expenses actually incurred.

(ii) An employee who resides on the school site may be provided full board and lodging in lieu of a call-back allowance.

(iii) An employee called back to work overtime after leaving the employer’s premises shall be paid for a minimum of two hours work at the appropriate overtime rate each time so recalled in accordance with clause 5 Overtime. If the work required is completed in less than two hours, the employee shall be released from duty.

(iv) If an employee who does not normally reside on the school site is required to sleep over as part of a call back then the terms of remuneration will be negotiated between the employer and the employee.

8. Payment of Salaries

(i) Casual employees shall be paid upon the completion of each engagement.

(ii) Salaries shall be paid weekly, fortnightly or monthly.

(iii) Employees may have their salary paid into one account with a bank or other financial institution of New South Wales as nominated by the employee. Salaries shall be deposited by the employer in sufficient time to ensure that wages are available for withdrawal by employees by no later than payday.

(iv) Where excess payments are made in circumstances which were not apparent or could not reasonably have been expected to be detected by the employee, the relevant parties shall seek agreement on the matter of the overpayment including, when necessary and appropriate, discussion between the Nurses Association and relevant employer representatives.

9. Higher Grade Duty

An employee, who is called upon to relieve an employee in a higher classification and who satisfactorily performs the whole of the duties and assumes the whole of the responsibilities of the higher classification, shall be entitled to receive, for the period of relief, the minimum salary appropriate to such higher classification.

10. Time Off Duty

All employees shall be entitled to two days off duty each week, or four days off duty each fortnight, at a time mutually convenient to the employer and the employee. Such days off shall be consecutive as far as is practicable, unless the employee and the employer agree otherwise. The days upon which days off are to be taken, once agreed between the employer and the employee shall not be changed without seven days' notice being given by each party.

11. Annual Leave

(i) All employees who commence employment on or after 1 December 2005, other than casual nurses, shall receive four weeks paid annual leave in accordance with the Annual Holidays Act 1944, such leave normally to be taken during the Christmas vacation period.

(ii) All employees who commenced employment prior to 1 December 2005 other than casual nurses, shall receive nine weeks paid annual leave per year, of which not less than six weeks shall be in one unbroken period during the Christmas vacation period.

(iii) All part-time employees shall receive four weeks paid annual leave in accordance with the Annual Holidays Act 1944, such leave normally to be taken during the Christmas vacation period.

12. Annual Leave Loading

(i) In this clause the Annual Holidays Act, 1944, is referred to as "the Act".

(ii) Before an employee, other than a casual employee, is given and takes his/her annual holiday, or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay the employee a loading determined in accordance with this clause.

(iii) The loading is payable in addition to the pay for the period of annual holiday given and taken and due to the employee under the Act and this award.

(iv) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award, or, where such a holiday is given and taken in separate periods then in relation to each separate period, provided that the loading shall only apply to the first four weeks of vacation leave prescribed by subclause (ii) of clause 11, Annual Leave, of this award taken by an employee after each qualifying period of service of twelve months.

(v) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause at the rate of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday, but shall not include the amounts prescribed in subclause (i) of Clause 15 of this award.

(vi) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause applying the award rates of wages payable on that day.

(vii) Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

(a) an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (iv) of this clause;

(b) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the close down as his/her qualifying period of employment in completed weeks bears to 52.

(viii)

(a) Where the employment of an employee is terminated by his/her employer, for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, he/she shall be paid a loading calculated in accordance with subclause (iv) of this clause for the period not taken.

(b) Except as provided in paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

13. Long Service Leave

For entitlement of long service leave, see the Long Service Leave Act, 1955.

14. Parental Leave

(i) Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW)

(ii) An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

(a) the employee or employee's spouse is pregnant; or

(b) the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

(iii) Right to request

(a) An employee entitled to parental leave may request the employer to allow the employee:

(i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

(ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

(iii) to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

(b) The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

The employee’s request and the employer’s decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

(d) Request to return to work part-time

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

(iv) Communication during parental leave

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

(b) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph (a).

15. Sick Leave

An employee, who after not less than three months continuous service in his/her current employment is unable to attend for duty during the employee's ordinary working hours by reason of personal illness or incapacity not due to the employee's own serious and wilful misconduct shall be entitled to be paid at ordinary time rates of pay for the time of such non-attendance subject to the following:

(i) The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation.

(ii) The employee shall, as soon as reasonably practicable and in any case within 24 hours of commencement of such absence, inform the employer of the employee's inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of absence.

(iii) Other than in respect of the first two days' absence in respect of sickness in any year an employee shall, upon request, provide a medical certificate addressed to the employer, or if the employer requires, to the school medical officer. Notwithstanding the foregoing the employer may require other evidence of sickness.

(iv) The employee shall, in respect of any year of continued employment, be entitled to paid sick leave for seven working days during the employee's first year of service, and ten working days during each subsequent year of service. Any period of paid sick leave allowed by the employer to an employee in any such year shall be deducted from the period of sick leave which may be allowed or carried forward under this award in respect of such year.

(v) The rights under this clause shall accumulate from year to year so long as the employee's employment continues with the employer so that any part of seven days in the first year of service and ten days in any subsequent year of service which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.

(vi) For the purposes of this clause a year means a year of employment.

(vii) A part-time employee shall be entitled to sick leave upon the same ratio as the number of hours worked in each week bears to 38.

16. Carer’s Leave

A. Independent Schools

(i) Use of Sick Leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in (i)(c) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 15 Sick Leave, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

(b) The employee shall, if required,

(i) establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

(ii) establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

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

(ii) the person concerned being:

(A) a member of the employee’s immediate family; or

(B) a member of the employee’s household.

The term immediate family includes:

(1) a spouse (including former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person, means a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bonafide domestic basis although not legally married to the person; and

(2) a child or adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), a parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the employee or spouse of the employee.

(d) The employee shall not be entitled to paid carer’s leave unless he or she notified the Principal of the school (or a person deputised by the Principal) of the need for carer’s leave and the estimated period of absence at the first available opportunity and where possible, before the first organised activity at the school on the day of absence. The employee will have sick leave credits available to the extent of the leave to be taken.

(e) Notwithstanding paragraph (a) of the subclause, a part-time employee is only entitled to an amount of carer’s leave in the same proportion the hours of a part-time employee bears to the hours of a full-time employee.

(f) Any carer’s leave taken in accordance with this clause shall be deducted from the sick leave entitlement of the employee.

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

Where the parties are unable to reach agreement the disputes procedure at Clause 21 should be followed.

(ii) Unpaid Leave

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 subparagraph (ii) of paragraph (c) of subclause 16A of this clause who is ill.

(iii) Annual Leave

(a) An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

(b) Access to annual leave, as prescribed in paragraph (a) of this subclause shall be exclusive of any stand down period provided for elsewhere under this award.

(c) An employee and employer may agree to defer payment of annual leave loading in respect of single day absences, until at least five annual leave days are taken.

(d) An employee may elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

(iv) Personal Carers Entitlement for casual employees

(a) Subject to the evidentiary and notice requirements in (i)(b) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause (i)(c) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

B. Catholic Personal / Carer’s leave

This clause only applies to employees who are employed under the Nurses, Non-Government Schools (State) Award by a body which has been established by the Catholic Church to propagate religion, excepting employees employed by Chevalier College, Bowral; Kincoppal, Rose Bay; and, Loretto, Kirribilli. Where this clause applies, clause 16 A shall not apply.

(i) Use of Sick Leave to Provide Care and Support for a Family Member

(b) The employee shall, if required,

(i) establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

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

(ii) the family member being a parent, step-parent, spouse, grandchild, sibling, grandparent, child, step-child, foster child, adopted child and foster parent of the employee or spouse.

(ii) Use of Sick Leave for a Pressing Domestic Necessity

(a) Subject to paragraph (c), for the purposes of this clause "pressing domestic necessity" means any reason at the discretion of the employer, provided that such discretion is not unreasonably withheld and is exercised so as not to contravene any applicable provisions of the Anti-Discrimination Act.

(b) An employee, other than a casual employee, with sick leave credits may apply to utilise such credits up to five of any current or accrued sick leave entitlement days in any one year of the employee’s service, for any pressing domestic necessity other than to care for or support a person defined in subparagraph B (i) (c) (ii).

(c) Where an employee, other than a casual employee, is not entitled to utilise sick leave credits pursuant to paragraph 1(a) he or she may access any current or accrued sick leave for any pressing domestic necessity, where the employee is responsible for the care or support of a person not referred to in subparagraph B (i) (c) (ii).

(d) The yearly entitlement for the purpose of pressing domestic necessity in paragraph 2(b) is non-cumulative.

(e) If required, an employee shall provide a written statement or other evidence supporting the application for personal/carer’s leave for the purpose of pressing domestic necessity.

(iii) Notification of Intention to Take Leave

In relation to subclauses (i) and (ii), wherever practicable, an employee shall give the employer notice prior to the absences of the intention to take leave. The employee shall also provide the name of the person requiring care, that person’s relationship to the employee, the nature of any pressing domestic necessity, 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.

(iv) Unpaid Leave for Family Purpose

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 subclause (i)(c) above who is ill or who requires care due to an unexpected emergency.

(v) Annual Leave

(b) Access to annual leave, as prescribed in paragraph (a) of this subclause shall be exclusive of any stand down period provided for elsewhere under this award.

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

(d) An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

(vi) Personal Carers Entitlement for casual employees

17. Bereavement Leave

A. Independent Schools

(a) Upon the death within Australia of an employee's husband or wife, including de facto husband or de facto wife, parent, child including stepchild or ward, brother or sister, mother-in-law or father-in-law, the employee shall be entitled upon notice to leave of absence for two working days. Proof of death of the relative shall lie upon the employee.

(b) Bereavement leave shall be available to an employee in respect of the death of a member of the employee’s immediate family or household as defined in clause 16, Carer’s Leave.

(c) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

(d) Bereavement leave may be taken in conjunction with other leave available under subclauses (ii) and (iii) of the said clause 16. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the school.

(e) Bereavement entitlements for casual employees

(i) Subject to the evidentiary and notice requirements in subclause (a) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause (i)(c)(ii) of Clause 16, Personal/Carers Leave

(ii) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance

(iii) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

B. Bereavement Leave (Catholic Standard)

This clause only applies to employees who are employed under the Nurses, Non-Government Schools (State) Award by a body which has been established by the Catholic Church to propagate religion.

(a) An employee other than a casual employee shall be entitled to up to two days Bereavement Leave without deduction of pay on each occasion of the death of a person prescribed in 17A (c) below.

(b) The employee must notify the employer as soon as practicable of the intention to take Bereavement Leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

(c) Bereavement Leave shall be available to the employee in respect to the death of a person in relation to whom the employee could have utilised Catholic Personal/Carer’s Leave, provided that for the purpose of Bereavement Leave, the employee need not have been responsible for the care of the person concerned.

(d) An employee shall not be entitled to Bereavement Leave under this clause during any period of which the employee has been granted other leave.

(e) Bereavement Leave may be taken in conjunction with other leave available under the Catholic Personal/Carer’s Leave clause. Where such other available leave is to be taken in conjunction with Bereavement Leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.

(f) Bereavement entitlements for casual employees

(i) Subject to the evidentiary and notice requirements in subclause (b) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause (i)(c)(ii) of Clause 12, Personal/Carers Leave

18. Allowances

(i) Uniforms

(a) Where an employer requires an employee to wear a uniform, such uniform shall be provided by the employer. In lieu of providing a uniform an employer may elect to pay the sum as set in Item 1 of Table 2 of Part B, Monetary Rates except during periods of annual leave.

(b) Where uniforms are not laundered at the employer's expense an allowance as set in Item 2 of the said Table 2 shall be paid to the employee.

(c) Uniforms, for the purpose of this clause, shall be sufficient, suitable and of a recognised serviceable standard for the performance of nursing duties.

(d) Casual and part-time employees shall be paid the allowances under subclauses (a) and (b) of this clause on a pro-rata basis, calculated on the ratio that the number of hours worked by the employee bears to 38 hours per week.

(ii) Nurse in Charge

A registered nurse who is designated to be in charge of 4 or more registered nurses shall be paid the allowance as set in Item 3 of Table 2 of Part B Monetary Rates.

19. Accommodation and Meals

(i) Where full accommodation and meals of seven days per week is provided for a nurse, the employer shall be entitled to deduct from the salary of the nurse the amount set out in Item 1 Table 3, Monetary Rates, for Accommodation and Meals.

(a) In accordance with clause 7 (ii) Call Back, an employee who resides on the school site may be provided full board and lodging in lieu of a call-back allowance.

(ii) When a nurse who is living off-site is provided with meals by the employer, a deduction at the rate set out in Item 2 of Table 3, Monetary Rates for each such meal may be made by the employer.

(iii) When the building of a structure is commenced or a building acquired subsequent to the commencement of this award for the purpose of either solely or inter alia of providing lodging for a nurse in accordance with this clause such lodging shall consist of not less than a private bedroom for the sole use of the nurse, and a bathroom and toilet for use by the nurse and not more than three other members of the staff and the provision of a common sitting room for use by all members of the staff.

20. Anti - Discrimination

(i) It is the intention of the parties bound by this award to seek to achieve the objective of 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 and age.

(ii) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award that parties have obligations to take all reasonable steps to ensure that the operations of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfillment 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 exempt for 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 on 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.

21. Disputes Procedure

It is the intention of the parties to this award to eliminate disputes which result in stoppages, bans or limitations, and it is agreed that the parties to this award shall confer in good faith with a view to resolving the matter by direct negotiation and consultation.

The parties further agree that subject to the provisions of the Industrial Relations Act, 1996, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question.

(i) Any grievance or dispute which arises shall, where possible, be settled by discussion on the job between the employee and immediate supervisor.

(ii) If the matter is not resolved at this level, the matter will be further discussed between the affected employee, the union representative and the supervisor or manager of the relevant section or department, and the employer's industrial relations representative shall be notified.

(iii) If no agreement is reached the union representative will discuss the matter with the company's nominated industrial relations representative.

(iv) Whilst the foregoing procedure is being followed work shall continue normally. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

(v) Should the matter still not be resolved it may be referred by these parties to the Industrial Commission of New South Wales for settlement.

(vi) This clause shall not apply to any dispute as to a bona fide safety issue.

22. Labour Flexibility

(i) The parties to the Award agree that the needs of the school may require the experience and skill of nursing staff employees to advance the general interests of the school. The parties agree that nursing staff employees may be engaged in the following work of the school in addition to the existing duties that are outlined in this Award.

(a) Curriculum involvement

In circumstances where the skill, experience and expertise of the nursing staff employees is relevant to the school curriculum the parties agree that, by providing adequate notice and assistance, such staff may be engaged in providing information to students and school staff. Such engagements may include but is not limited to the following

Guest Lectures

General Advice

Policy Development

Management of Critical Incidents

Advice to the School Executive

(b) Occupational Health and Safety

When requested to do so by the Principal or his/her delegate, the skill, experience and expertise of the nursing staff employees may be applied to participate in the activity of the occupational health and safety consultative arrangement that operates within the school. Such engagement may include but is not limited to the following:

General advice

Co-ordination and or Membership of an OH&S Committee

Co-ordination and or Membership of an OH&S Consultative Structure as defined in current legislation

Any other means that is agreed to between the employer and the employee

In circumstances where the skill, experience and expertise of the nursing staff employees is relevant to the professional development agenda of the school, the parties agree that, by providing adequate notice and assistance, such staff may be engaged for the purpose of providing information to the school staff on health matters. Such engagement may include but is not limited to the following:

First Aid Training for Staff

General advice on a range of health issues that are relevant to the work of the School

Lectures and learning activities on relevant health topics that are within the scope of the skill, experience and expertise of the nursing staff including but not limited to crisis and critical incident management, drug and alcohol education, eating and other social disorders, mental health issues, management of students with disabilities or specific health conditions.

(ii) Consent to requests to be engaged in such activity will not be unreasonably withheld.

23. Exemptions

An employee, who is in receipt of a salary 10% in excess of the appropriate rate applying from time to time as set out in Table 1 - Salaries of Part B Monetary Rates, shall not be entitled to the benefits of the following clauses:

1. Clause 4 - Hours

2. Clause 5 - Overtime

3. Clause 18 - Allowances and Deductions

24. No Extra Claims

It is a term of this award that the Association undertakes until 31 December 2007, not to pursue any extra claims, award or over-award, except when consistent with the current wage fixation principles.

25. Remuneration Packaging

(i) This clause shall apply to those individual schools wishing to facilitate the provision of salary and benefit packages to individual members of staff covered by this award.

(ii) For the purpose of this clause:

(a) "Benefits" means the benefits nominated by the nurse from the benefits provided by the school and listed in paragraph (c) of subclause (iv) of this clause.

(b) "Benefit Value" means the amount specified by the school as the cost to the school of the benefit provided including fringe benefit tax, if any.

(iii) Conditions of employment - Except as provided by this clause, nurses must be employed at a salary based on a rate of pay, and otherwise on terms and conditions, not less than those prescribed by this award.

(iv) Salary packaging - the school may offer to provide and the nurse may agree in writing to accept:

(a) the benefits nominated by the nurse, and

(b) a salary equal to the difference between the benefit value and the salary which would have applied to the nurse or under subclause (iii) of this clause, in the absence of an agreement under this clause.

1. superannuation;

2. other benefits offered by the school.

(d) The school must advise the nurse in writing of the benefit value before the agreement is entered into.

(v) During the currency of an agreement under subclause (iv) of this clause:

(a) Any nurse who takes paid leave on full pay shall receive the benefits and salary referred to in paragraphs (a) and (b) of subclause (iv) of this clause.

(b) If a nurse takes leave without pay the nurse will not be entitled to any benefits during the period of leave.

1. the benefits; and

2. an amount of salary calculated by applying the formula:

A = S x P% - [ (100% - P%) x B ]

where:

S = the salary determined by paragraph (b) of (iv) of this clause.

P = the percentage of salary payable during the leave.

B = benefit value.

A = amount of salary.

(d) Any other payment under this award, calculated by reference to the nurse’s salary, however described, and payable:

1. during employment; or

2. on termination of employment in respect of untaken paid leave; or

3. on death,

shall be at the rate of pay which would have applied to the nurse under subclause (iii) of this clause, in the absence of an agreement under paragraphs (a) and (b) of subclause (iv) of this clause.

26. Superannuation

(i) Definitions

For the purpose of this clause:

(a) "Employee" means an employee employed by the employer to whom this award applies.

(b) "Employer" means the employer of an employee to whom this award applies.

(1) the New South Wales Non-Government Schools Superannuation Fund, or

(2) any other superannuation fund approved in accordance with the commonwealth operational standards for occupational superannuation funds which the employee is eligible to join and which is approved by the employer as a fund into which an employee of that employer may elect to have the employer pay contributions made pursuant to this award in respect of that employee including any Catholic diocesan superannuation fund existing as at the date of this award which is approved in accordance with the standards and is approved by the employer.

(d) "Basic earnings" shall mean the weekly or hourly rate of pay prescribed for the employee by this award including the following:

(i) payment for ordinary hours of work;

(ii) any percentage addition payable to casual employees for ordinary hours of work;

(iii) any percentage addition payable to a temporary full-time employee engaged for less than 13 weeks.

(iv) Overaward payments for ordinary hours of work.

(ii) Fund

The New South Wales Non-Government Schools Superannuation Fund shall be made available by each employer to each employee.

(iii) Benefits

(a) Except as provided in paragraphs (c), (d) and (f) of this subclause, each employer shall, in respect of each employee employed by it, pay contributions into a fund to which the employee is eligible to belong and, if the employee is eligible to belong to more than one fund, the fund nominated by the employee, at the rate of three per cent of the employee’s basic earnings.

(b) Subject to paragraph (d) of this subclause, contributions shall be paid at intervals and in accordance with the procedures and subject to the requirements prescribed by the relevant fund or as trustees of the fund may reasonably determine.

(c) An employer shall not be required to make contributions pursuant to this award in respect of an employee in respect of a period when that employee is absent from his or her employment without pay.

(d) Contributions shall commence to be paid from the beginning of the first pay period commencing on or after the employee’s date of engagement.

(e) The employee shall advise the employer in writing of the employee’s application to join a fund pursuant to this award. Where no such nomination is made before any such contributions become payable, the said contribution referred to in paragraph (a) of this subclause will be paid to the approved fund for that place of employment.

(f) An employer shall make contributions pursuant to this award in respect of -

(1) casual employees who earn in excess of $2000.00 during their employment with that employer in the course of any year, running from 1 July to the following 30 June (all such casual employees are hereinafter called "qualified employees"); and

(2) qualified employees in each ensuing year of employment with that employer.

Such contributions shall be made in respect of all days worked by the employee for the employer during that year and shall be paid by the employer to the relevant fund at the time of issue to the employee of his or her annual group certificate.

(g) Where an employer approves a fund, other than the Non-Government Schools Superannuation Fund, as one to which the employer will pay contributions in respect of its employees or a class or classes of such employees the employer shall notify its employees of such approval.

(h) When a new employee commences in employment, the employer shall advise the employee in writing of the of the employee’s entitlements under this award within two weeks of the date of commencement of employment and also of the provisions of (d) of this subclause in the case of a full-time or part time employee and paragraph (f) of this subclause in the case of a casual employee.

(iv) Transfers between Funds

If an employee is eligible to belong to more than one fund, the employee shall be entitled to notify the employer that the employee wishes the employer to pay contributions in respect of the employee to a new fund but shall not be entitled to do so within one year after the notification made by the employee pursuant to paragraph (e) of subclause (iii), Benefits, of this clause or within one year after the last notification made by the employee pursuant to his subclause. The employer shall only be obliged to make such contributions to the new fund where the employer has been advised in writing

(i) of the employee’s application to join the other fund; and

(ii) that the employee has notified the trustees of the employee’s former fund that the employee no longer wishes the contributions which are paid on the employee’s behalf to be paid to that fund.

(v) Superannuation Legislation

The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993, and s124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, shall govern the superannuation rights and obligations of the parties.

27 . Secure Employment

(a) Objective of this Clause

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

(b) Casual Conversion

(i) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

(ii) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

(iii) Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(iv) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

(v) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

(vi) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

(1) whether the employee will convert to full-time or part-time employment; and

(2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

(vii) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

(i) For the purposes of this subclause, the following definitions shall apply:

(1) A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

(2) A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

(ii) Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

(1) consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

(2) provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

(3) provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

(4) ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

(iii) Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

(d) Disputes Regarding the Application of this Clause

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

(e) This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

28. Area, Incidence and Duration

(i) This award rescinds and replaces the Nurses, Non-Government Schools (State) Award published 11 March 2005 (349 I.G. 1) as varied.

(ii) It shall apply to persons employed as registered nurses and senior nurses as herein defined by all non-government schools within the State of New South Wales within the jurisdiction of the Trained Nurses &c., Other Than In Hospitals, &c., (State) Conciliation Committee, excepting:

(a) persons employed in schools in the County of Yancowinna; and

(b) persons employed in establishments licensed under the Children (Care and Protection) Act, 1987.

(iii) It shall take effect in respect of:

column 1 in Table 1 of Part B, Monetary Rates, from the beginning of the first full pay period to commence on or after 1 December 2005;

column 2 of Table 1 from the beginning of the first pay period to commence on or after 1 February 2006

column 3 of Table 1 from the beginning of the first pay period to commence on or after 1 February 2007

and in all other respects from 15 February 2006.

(iv) Negotiations for a new award shall commence from 31 September 2007, being 3 months before the end of this award’s nominal term.

(v) The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles of Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 March 2009.

(vi) This award remains in force until varied or rescinded, the period for which it was made having already having expired.

PART B

MONETARY RATES

Table 1 - Salaries

Classification	Column 1	Column 2	Column 3
Registered Nurse:	First full pay period on	First full pay period on	First full pay period
	or after 1.12.05	or after 1.2.06	on or after 1.2.07
	18% increase	4% increase	4% increase
	$	$	$
1st year of service	36,074.00	37,517.00	39,017.00
2nd year of service	37,913.00	39,430.00	41,007.00
3rd year of service	39,747.00	41,337.00	42,990.00
4th year of service	41,704.00	43,372.00	45,107.00
5th year of service	43,654.00	45,400.00	47,216.00
6th year of service	45,599.00	47,423.00	49,320.00
7th year of service	47,838.00	49,752.00	51,742.00
8th year of service	49,697.00	51,685.00	53,752.00
Senior Nurse	56,445.00	58,703.00	61,051.00

Table 2 - Other Rates and Allowances

Item No	Clause	Description	Amount
			$
1	18 (i)	Uniform Allowance:
		- Uniforms	6.07 per week
		- Stockings	2.99 per week
2	18 (ii)	Uniform Allowance - Laundry	4.65 per week
3	18 (iii)	Nurse in Charge	21.86 per shift

Table 3 - Deductions

Item No	Clause No.	Description	Amount
			$
1	19 (i)	Accommodation and Meals	98.86 per week
2	19 (ii)	Meals	6.09 per meal

A. MACDONALD, Commissioner

____________________

Printed by the authority of the Industrial Registrar.

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