MISCELLANEOUS WORKERS HOME
CARE INDUSTRY (STATE) AWARD
award
REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act 1996,
and under Rule 6.6 of the Industrial Relations Commission Rules 2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
G.
M. GRIMSON Industrial Registrar.
Schedule of Award and
Variations Incorporated
Clause
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Award/
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Date of
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Date of Taking Effect
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Industrial Gazette
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Variation
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Publication
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Serial No.
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Vol.
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Page
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Award
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B9151
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04/08/2000
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First pay period on or after 15/12/1999
|
317
|
618
|
|
5 & Part B
|
B9585
|
15/12/2000
|
First pay period on or after 24/07/2000
|
321
|
175
|
|
5 & Part B
|
C0727
|
15/02/2002
|
First pay period on or after 15/08/2001
|
311
|
490
|
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33 (i)
|
C1016
|
08/03/2002
|
On and from 31/05/2001
|
331
|
1077
|
|
21 (6)
|
C1312
|
23/08/2002
|
On and from 23/11/2001
|
335
|
1243
|
|
5 & Part B
|
C1370
|
08/11/2002
|
First full pay period on or after
15/08/2002
|
336
|
1162
|
|
5, 15, Part B
|
C2101
|
26/09/2003
|
First full pay period on or after
15/08/2003
|
341
|
593
|
|
11A
|
C2642
|
30/04/2004
|
First full pay period on or after
05/02/2004
|
344
|
287
|
|
1, 37, 38
|
C2795
|
03/09/2004
|
From 25/05/2004
|
346
|
300
|
|
5, Part B
|
C2895
|
10/09/2004
|
First full pay period on or after
15/08/2004
|
346
|
381
|
|
5, Part B
|
C4250
|
03/02/2006
|
First full pay period on or after
30/08/2005
|
356
|
1223
|
|
5, Part B
|
C5008
|
06/10/2006
|
First full pay period on or after
30/08/2006
|
361
|
91
|
|
21, 23, 24
|
C5565
|
06/07/2007
|
On and from 19/12/2005
|
362
|
1297
|
|
5, Part B
|
C5929
|
12/10/2007
|
First full pay period on or after
30/08/2007
|
363
|
1468
|
|
1, 3A
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C6136
|
30/11/2007
|
On and from 31/08/2007
|
364
|
604
|
|
5, Part B
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C6674
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29/08/2008
|
First full pay period on or after
30/08/2008
|
366
|
636
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|
5, Part B
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C7229
|
30/10/2009
|
First full pay period on or after 18/09/2009
|
369
|
569
|
|
5, Part B
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C7582
|
02/09/2011
|
First full pay period on or after
16/12/2010
|
371
|
650
|
|
|
|
|
|
|
|
PART A - CONDITIONS
1. Arrangement
PART A - CONDITIONS
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Contract
of Employment
3A. Secure
Employment
4. Hours of
Work
5. Wage Rates
6. Composite
Rates
7. Part-time Employment
8. Casual
Employment
9. Shift
Allowances
10. Saturday
and Sunday Work
11. Payment of
Wages
11A. Union Dues
12. Rest
Periods
13. Sleep Over
14. Client
Cancellation
15. Overtime
16. Meal Money
17. Meal Breaks
18. Public
Holidays
19. Annual Leave
and Loading
20. Sick Leave
21. Personal
Carer’s Leave
22. Long
Service Leave
23. Bereavement
Leave
24. Parental
Leave
25. Right of
Entry
26. Union
Business
27. Work
Clothes and Equipment
28. Expenses
29. Travel
Allowance and Travel Time
30. Training
31. Redundancy
32. Superannuation
33. Anti-Discrimination
34. Disputes
Procedure
35. Form of
'Agreement in Writing'
36. Savings
37. Salary
Packaging
38. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Wage Rates
Table 3 - Other Rates and Allowances
APPENDIX 'A' - GUIDELINES FOR GRADING
2. Definitions
(i) 'Agreement in
writing' means in the form provided in clause 35, Form of Agreement in Writing.
(ii) 'Average weekly
hours' means the specified minimum number of contract hours or the average
number of ordinary hours actually worked, whichever is the greater.
(iii) 'Broken shift'
means when an employee works two or more engagements on the same day, each
engagement separated by a non-working period.
(iv) 'Casual
employee' means an employee engaged and paid as such but shall not include
employees working 38 ordinary hours per week and shall not include part-time
employees and shall be engaged pursuant to clause 8, Casual Employment, of this
award.
(v) 'Client' means
the person who requires the home care service.
(vi) 'Day' means a
period of 24 consecutive hours.
(vii) 'Engagement'
means time on the job with the client/s joined by the time taken to travel
between clients, meal breaks, crib breaks and rest periods, including overtime
worked continuously after the engagement.
(viii) 'Full-time
employee' means a weekly employee engaged to work an average of 38 hours per
week.
(ix) 'Ordinary
hours' means the usual rostered hours of the employee.
(x) 'Part-time
employee' means an employee engaged by the week who is required to work a
number of ordinary hours each week less than the 38 ordinary hours prescribed
for full-time employees.
(xi)
(a) 'Pro rata sick
leave' means, for the first 9 months of service, the accumulation of sick leave
using the following calculation:
Average weekly
hours per month x 8
38
(b) 'Pro rata sick
leave' means, after 12 months service, the accumulation of sick leave using the
following calculation:
Average weekly
hours per year x 76
38
(xii) 'Residence'
means place of abode.
(xiii) 'Union' means
The Australian Liquor, Hospitality and Miscellaneous Workers Union, New South
Wales Branch.
(xiv) 'Week' means not
more than 38 ordinary hours worked in not more than five days in any seven
consecutive day period.
(xv) 'Weekly
employee' means an employee engaged and paid by the week or fortnight.
3. Contract of
Employment
(i) An employee may
be engaged as a full-time, part-time or casual employee.
(ii) Employees
other than casuals shall be employed by the week and their engagement shall be
terminated by a week's notice on either side to be given at any time during the
week or by the payment or forfeiture, as the case may be, of a week's wages in
lieu thereof.
Provided that where an employee leaves without giving
notice the employer may deduct, from monies owing, that part of notice not
given.
(iii) Where a
full-time or part-time employee has no prior engagement with the employer as a
casual, then during the first two weeks' employment they may be terminated on
one hour's notice. Casual employees who
are subsequently engaged as full-time or part-time employees may be terminated
on one hour's notice during the first week.
The short periods of notice of termination shall apply in respect of
both an employer terminating employment and an employee resigning from
employment.
(iv) Notwithstanding
the provisions of this clause the employer or the employer's representative
shall have the right to terminate an employee at any time for refusal of duty,
malingering, inefficiency, neglect of duty or misconduct and shall be liable
only for payment up to the time of dismissal.
(v) The employment of
a casual employee may be terminated by one hour's notice.
(vi) On the
termination of employment the employer shall, at the request of the employee,
give to such employee a statement by the employer stating the period of
employment, the class of work employed upon and when the employment terminated.
3A. 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.
(c) Occupational
Health and Safety
(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.
4. Hours of Work
(i) The ordinary
hours of work, exclusive of meal times, shall not exceed 8 hours per day nor 38
hours per week, provided that ordinary hours may be a maximum of 10 hours per
day by agreement in writing between employer and employee. Such hours shall be worked in no more than
five days in any seven consecutive day period within the spread of hours of
7:00am to 8:00pm.
(ii) As required by
the employer, an employee shall start and cease work on the job at the
commencing and finishing times within which the ordinary hours shall be worked
and shall transfer from client to client as directed by the employer. An employee transferred from one client to
another during a day shall be paid for the time occupied in travelling in
accordance with the provisions of subclause (ii) of clause 29, Travel Allowance
and Travel Time.
(iii) An unpaid
period of not less than 30 minutes nor more than one hour shall be allowed for
meals to employees who continuously work 5 hours or more in each day.
(iv) As far as
possible the employer shall fix the time of duty in a flexible way to meet the
needs of the client and the employee.
5. Wage Rates
Employees of the classifications herein set out shall
be paid not less than the minimum rates as set out in Table 1 - Wage Rates, of
Part B, Monetary Rates.
The rates of pay in this award include the adjustments
payable under the State Wage Case of 2010. These adjustments may be offset
against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991, other than safety net, State Wage Case, and
minimum rates adjustments.
Upon being employed, employees shall be graded into one
of the following grades:
(i) Field Staff
Grade 1 - Field Staff Grade 1 shall mean a person without previous relevant
experience in personal care delivery.
This is a trainee level which applies to new employees. The employer shall provide training. At the end of a maximum period of six months
or 250 hours employment, employees who have satisfactorily completed the
requirements of Grade 1 shall progress to Grade 2.
Should an employee at this Grade 1 level not satisfactorily
complete the requirements of Grade 1, he/she shall be notified in writing by
the employer two weeks prior to the date which he/she would have proceeded to
Grade 2.
An employee may seek the assistance of the union during
these discussions and if there is a disagreement between the parties as to the
employee's future, the matter shall be resolved as per clause 34, Disputes
Procedure.
Nothing contained in this clause shall be taken to
detract from the employer's right under clause 3, Contract of Employment.
A Field Staff Grade 1 shall work under general
supervision.
Notwithstanding the above employees who choose only to
carry out general housekeeping duties and are not prepared to multiskill shall
be paid at this grade.
(ii) Field Staff
Grade 2 - Field Staff Grade 2 shall mean a person who satisfies the
requirements of Grade 1 and has progressed to Grade 2.
An employee at this level shall be competent in
carrying out simple personal care, housekeeping and tasks relevant to assisting
clients to maintain their independence in their own homes.
Optional training shall be provided to employees at the
request of the employee to equip employees to apply for positions at Grade 3.
Field Staff Grade 2 employees may be required to
perform complex tasks required of a grade 3 employee from time to time, within
their competence, and shall be paid at the rate for Field Staff Grade 3
whenever such duties are performed for periods in excess of 5 hours per week.
(iii) Field Staff
Grade 3 - Field Staff Grade 3 shall mean a person who performs the duties of a
Field Staff Grade 2 and is required to directly attend to the client's needs,
as opposed to assisting the client to do for himself/herself because of the
client's behaviour or the clients' condition and/or household environment.
Grade 3 employees will be involved in on-the-job
training of Field Staff where required.
(iv) Live-In
Houseworker -
(a) The terms and
conditions contained in the clause shall be in substitution for and not cumulative upon the following
clauses of the Award.
Clause Number
|
Subject
|
4
|
Hours of Work
|
10
|
Saturday and Sunday
Work
|
15
|
Overtime
|
18
|
Public Holidays
|
(b) In respect of
persons not permanently appointed as Live-in Houseworkers, in so far as clause 19,
Annual Leave and Loading, and clause 20, Sick Leave, are concerned, hours
worked under this clause shall be limited to eight hours of every 24 for
calculation purposes.
(c) Live-in
Houseworker shall mean an employee who would normally live at the client's
premises for a period in excess of 48 hours and shall be graded as follows:
(1) Live-in
Houseworker - Grade 1 is an employee employed to perform general housekeeping
duties only. General housekeeping means
preparing meals, cleaning, laundry, shopping and household duties of a like
nature and handyperson work within the skill competence and training of the
employee and excludes any personal care.
(2) Live-in
Houseworker/Carer - Grade 2 is an employee employed to perform general
housekeeping duties as defined in Grade 1 and personal care grade 2 as
described in Appendix A.
(3) Live-in
Houseworker/Carer - Grade 3 is an employee employed to perform general
housekeeping duties as defined in Grade 1 and personal care grade 2 and 3 as
described in Appendix A.
(d) Wages - Weekly
Rates
(1) Live-In
Houseworker - Grade 1
The total weekly remuneration for a Live-in Houseworker
Grade 1 shall be calculated as follows:
Weekly Rates for a Field Staff Worker Grade 1
+ All Incidents Loading = Total Weekly Rate
The All Incidents Loading for a Live-in Houseworker
Grade 1 is calculated by obtaining 30% of the relevant weekly rate.
The All Incidents Loading of 30% takes into account all
incidents of employment inherent in the work and conditions of employment of Live-in
Houseworkers, including but not limited to, the requirement to reside at the
client's premises. Such tasks that are
required to be performed by the employee will be performed at times of the day
which are mutually agreed between the employer and the employee.
(2) Live-In
Houseworker/Carer - Grade 2
The total weekly remuneration for a Live-in
Houseworker/Carer Grade 2 shall be calculated as follows:
Weekly Rates for a Field Staff Workers Grade 2
+ All Incidents Loading = Total Weekly Rate
The All Incidents Loading for a Live-In
Houseworker/Carer Grade 2 is calculated by obtaining 40% of the relevant weekly
rate. The All Incidents Loading of 40%
takes into account all incidents of employment inherent in the work and
conditions of employment of Live-In
Houseworkers, including but not limited to, the requirement to reside at
the client's premises. The employee
will normally perform duties at times of the day which are mutually agreed
between the employer and employee.
(3) Live-In
Houseworker/Carer - Grade 3
The total weekly remuneration for a Live-in
Housekeeper/Carer Grade 3 shall be calculated as follows:
Weekly Rates for a Field Staff Worker
+ Special Loading + All Incidents Loading = Total
Weekly Rate.
The Special Loading is calculated by obtaining 3.5% of
the relevant weekly rate. The special
loading is in recognition of all factors, including but not limited to, the
special pressures, responsibilities and climate inherent in the work of a
Live-in Houseworker Grade 3.
The All Incidents Loading is calculated by obtaining
50% of the sum of the relevant weekly rate plus the Special Loading. The All Incidents Loading of 50% takes into
account all incidents of employment inherent in the work and conditions of
employment of Live-in Houseworkers, including but not limited to, the
requirement to reside at the client's premises and to perform work, and be
available for the performance of work at all such times of the day as the job
and the client's needs may require.
(e) Wages - Daily
Rates
(i) Part Time
Employees - The daily rate for a Liver-In Houseworker/Carer (any grade) shall
be calculated as follows:
Appropriate
Weekly rate for Live-In Houseworker
= daily rate
5
|
Provided that by mutual agreement up to three employees
may be engaged as a Live-In Houseworker (any grade) per client.
For the purpose of this subclause a day shall be
defined as a period of 24 consecutive hours.
The minimum payment for work done under this subclause
shall be two days at the daily rate.
Thereafter the minimum payment will be at the daily rate.
(ii) Casual
Employees
The casual rate for a Live-In Houseworker (any grade)
shall be calculated as follows:
Appropriate
Weekly rate for Live-In Houseworker
+ 25% = daily rate
5
|
For the purpose of this subclause a day shall be
defined as a period of 24 consecutive hours.
The minimum payment for work done under this subclause
shall be one day at the daily rate.
Work performed under this subclause shall be for relief
and temporary and emergency purposes only.
(f) Time Off -
(i) After each five
consecutive days of duty, a Live-in Houseworker shall be entitled to two
consecutive days off.
Provided that
(1) Such days may accumulate
to a limit of six and in any case must be taken at the conclusion of such
service.
(2) Where it is
mutually agreed between the employer and the employee that under special
circumstances the days of duty should continue, such days may accumulate to a
limit of eight to be taken at the conclusion of such service.
Provided that the Live-in Houseworker shall continue to
receive the normal weekly wage during such days off.
(g) Full Time
Live-in Houseworker -
(i) In the event of
work appropriate to a Live-in Houseworker under this clause not being
available, a Live-in Houseworker can be required to undertake work performed by
other employees covered by this award.
Provided that where such work is directed and carried out it shall be
paid at the rates and conditions contained in this clause subject to subclause
(ii) of this clause.
(ii) In the event
of work not being available under this clause the Secretary or other
responsible officer of the Australian Liquor, Hospitality and Miscellaneous
Workers Union, Miscellaneous Workers Division, New South Wales Branch, will be
contacted. During this period of time
the Live-in Houseworker will not suffer any reduction in pay. Discussions will commence as soon as
possible between the employer and the said Union. From the date of contact with the said Union, the Live-in
Houseworker will not suffer any reduction in pay, although such time will be
limited to two weeks.
(iii) Nothing in
this subclause shall preclude an employee from applying for that leave contained
in this award to which there is an entitlement.
(h) Commencement and
Cessation - Designated commencement of work insofar as place, date and time are
concerned shall be calculated by the employer.
Designated cessation of work insofar as place, date and time are
concerned shall be calculated by the employer.
Provided that time spent travelling shall be regarded as time worked.
(i) Reimbursement
of Meals - In the event of whether all or some of breakfast, lunch and dinner
is not provided the employer shall reimburse such reasonable amounts for same,
upon proof of expenditure.
(j) Accommodation
to be provided free of charge - A live-in houseworker shall not be liable to
pay or contribute towards rent, board and lodging, charges, fees, or
accommodation costs etc, whilst living at the client's premises. This includes charges for gas, electricity
etc.
(k) Annual Leave -
Subject to clause 19, Annual Leave and Loading, and subclause (b) of this
clause, a Live-in Houseworker employed and paid as such shall accrue an
additional weeks leave for every 12 months of continuous service on a pro-rata
basis.
6. Composite Rates
(i) An employer
shall pay all employees except live-in houseworkers a composite rate as prescribed
below for all work of the employees where the employer chooses to utilise this
clause. Where the employer chooses to
pay a composite rate, each employee will be informed in his/her letter of
appointment that composite rates apply to employment with the employer.
(ii) The composite
rate will be the rate as prescribed in Table 1 - Wage Rates, of Part B,
Monetary Rates (which includes an additional 20 per cent loading). The composite rate shall be paid for all
hours worked except overtime.
(iii) This loading
will be in substitution for payment of any penalty rates contained in clause 9,
Shift Allowances, and clause 10, Saturday and Sunday Work.
(iv) Overtime shall
be paid on the ordinary rate as prescribed in the said Table 1, and not on the
composite rate.
(v) Where an
employer wishes to vary the payment system to or from the composite rate
structure, all employees will be provided with one month's notice in writing.
(vi) Where an
employer chooses to use a composite rate, employees employed at that date shall
not be disadvantaged in relation to having to work outside the normal spread of
hours, that is, employees shall not have their hours and times of work
re-rostered in a way which disrupts their social and family life.
7. Part-time Employment
(i) A part-time
employee is one who is appointed to work a minimum number of contract hours
which are less than 38 per week but which may vary from week to week above that
minimum.
A part-time employee shall be given a minimum number of
contract hours per week by his/her employer as part of their contract of
employment. A part-time employee shall
not be paid less than his/her minimum contract hours per week, but may work up
to 10 hours extra per week at his/her ordinary hourly rate without the payment
of overtime, subject to clause 9, Shift Allowances, and clause 10, Saturday and
Sunday work, and clause 15, Overtime.
Provided that, where 7 days' notice is given, an
employee may be requested to work up to 38 hours per week.
(ii)
(a) A part-time employee
(other than a Live-In Houseworker) shall receive the appropriate hourly rate of
pay as set out in Table 1 Wage Rates, of Part B Monetary Rates, for all work
performed in ordinary time on any day, Monday to Friday, inclusive. This amount shall be the ordinary hourly
rate of pay for part-time employees.
(b) A part time
Live-In Houseworker shall receive a daily rate as set out in clause 5(e)(i).
(iii) The hourly
rates of pay shall be calculated by dividing the appropriate weekly rate by 38,
calculated to the nearest whole cent, any amount less than a half cent in the
result to be disregarded.
(iv) Part-time
employees shall be entitled to annual leave, sick leave, public holidays and
like conditions of this award on a pro-rata basis.
(v) Part-time employees
(other than Live-In Houseworkers) shall be engaged on the following basis:
(a) Employees shall
have a minimum contract of hours of 10 per week or 20 per fortnight.
(b) The minimum
payment per engagement shall be one hour.
(c) Notwithstanding
the provisions in paragraph (a) above, where there is a genuine agreement in
writing between the employer and employee the minimum contract hours may be
reduced.
(d) Savings: The
provisions in paragraph (a) of this subclause shall not apply to existing employees
of an employer where:
(1) as at the
operative date of this award the minimum contract hours worked by the employee
are five and less than ten per week or are less than 20 per fortnight, and
(2) the employer is
unable to re-roster the minimum contract hours of the employee so as to comply
with paragraph (a) of this subclause;
provided that if additional hours of work become available such existing
employees shall be offered those additional hours to the extent necessary to
comply with paragraph (a) of this subclause.
(vi) The average
weekly hours worked shall be the specified minimum number of contract hours or
the average number of ordinary hours actually worked, whichever is the greater,
for the purposes of accrual of annual leave, sick leave, long service leave and
bereavement leave.
(vii) Part time
Live-In Houseworkers shall receive a minimum payment of two days at the daily
rate as set out in clause 5(e)(i).
8. Casual Employment
(i) Casual employee
means an employee engaged by the hour and paid as such and shall only be used
for relief, temporary or emergency work.
'Relief work' covers all hours that would have been
worked by another employee but for absence due to any type of leave or other
approved absence by that employee.
'Temporary work' means an engagement of less than six
weeks where the services required by the client is for less than six weeks.
'Emergency work' means work which could not be covered
by a weekly employee because of extenuating circumstances.
(ii)
(a) A casual employee
(other than a Live-In Houseworker) shall receive the hourly rate of pay as set
out in Table 1 - Wage Rates, of Part B, Monetary Rates plus a casual loading of
20 per cent of the hourly rate of pay.
(b) A casual Live-In
Houseworker shall receive a daily rate of pay as set out in clause 5(e)(ii).
(c) This amount
shall be the ordinary hourly rate of pay for casual employees and is inclusive
of compensation for annual leave.
(iii) The hourly
rate of pay prescribed in subclause (ii)(a) above shall be calculated by
dividing the appropriate weekly rate by 38, calculated to the nearest whole
cent, any amount less than a half cent in the result to be disregarded.
(iv)
(a) Casual employees
(other than Live-In Houseworkers) shall receive a minimum payment of one hour
for each engagement.
(b) Casual Live-In
Houseworkers shall receive a minimum pay of one day at the daily rate as set
out in clause 5(e)(ii).
(v) A casual
employee other than a Live-In Houseworker, notified by his/her employer in
accordance with subclause (i) of clause 6, Composite Rates, shall receive the
casual rate of pay referred to in subclause (ii)(a) herein, plus the additional
20 per cent loading referred to in subclause (ii) of the said clause 6.
9. Shift Allowances
(i) An additional
allowance of 30 per cent shall be paid for all ordinary hours that fall outside
the spread of hours of 7:00 a.m. to 8:00 p.m., Monday to Friday, for the actual
time worked outside the said spread of hours.
(ii) Broken Shifts
(a) Employees
working broken shifts shall be paid an additional amount as set out in Item 1
of Table 2 - Other Rates and Allowances of Part B, Monetary Rates, for each
break in the shift worked.
(b) Periods of work shall
be so arranged so that all employees shall have a break of 10 hours in any
24-hour period, unless there is agreement in writing between the employee and
the employer, or where the shifts are associated with a sleepover.
(c) Notwithstanding
the provisions in this clause all employees shall have a break of 8 hours in
any 24-hour period.
10. Saturday and
Sunday Work
(i) Employees
required to work their ordinary hours on a Saturday or Sunday shall be paid at
the appropriate rate prescribed in Table 1 - Wages of Part B, Monetary Rates,
and in addition shall be paid for all time so worked at the following rates:
Saturday work
- 50 per cent
Sunday work
- 100 per cent
(ii) The allowances
prescribed in this clause shall be in substitution for and not cumulative upon
the shift work allowances prescribed in clause 9, Shift Allowances.
(iii) For the
purpose of this clause, the rates prescribed shall apply in respect of ordinary
hours of work only and shall apply to all employees including casual employees.
11. Payment of Wages
(i) All wages shall
be paid at least fortnightly by cash, cheque or by direct deposit into the bank
account of an employee's choice.
(ii) The minimum
unit of payment of wages shall be by the half hour, eg. where an employee is directed
to work 1 hour and 20 minutes the employee shall be entitled to payment of 1½
hours wages.
(iii) Wages shall be
paid during working hours on a weekday being not more than five days following
the end of the pay period. The pay day
selected, once agreed, shall not be changed without the agreement in writing of
a majority of the employees. In the case of electronic funds transfer payments,
wages shall be transferred to the nominated account within 12 hours of the
close of business on the nominated pay day.
An employee who is kept waiting for his or her pay
beyond the time nominated for such pay to be paid the employee shall be paid at
overtime rates for such waiting time until the wages are paid.
Provided that when the employee has not provided the employer
with details of time worked at the nominated time, the employer will not be
held responsible for delays of payment for work beyond the minimum contract
hours.
(iv) Upon
termination, wages due to an employee and any other monetary entitlements shall
be paid on the date of termination or forwarded by post on the next working
day.
(v) An employer may
deduct from amounts due to an employee such amounts as are authorised in writing
by the employee and deductions of income tax required to be made to the
Australian Taxation Office.
(vi) On pay days,
the employer shall provide for each employee a statement in writing showing the
gross salary including overtime and allowances, the amount deducted for
taxation purposes, particulars of other deductions and the net amount paid, in
accordance with section 123 of the Industrial Relations Act 1996, and
regulation 15 thereof.
11A. Union Dues
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee has
authorised the employer to make such deductions in accordance with subclause
(ii) herein;
(b) the Union shall
advise the employer of the amount to be deducted for each pay period applying
at the employer's workplace and any changes to that amount;
(c) deduction of
Union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be no
requirement to make deductions for casual employees with less than two months'
service (continuous or otherwise).
(ii) The employee's
authorisation shall be in writing and shall authorise the deduction of an
amount of Union fees (including any variation in that fee effected in
accordance with the Union's rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee's consent
to do so. Such consent may form part of
the written authorisation.
(iii) Monies so
deducted from employees' pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where the
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(v) The Union shall
advise the employer of any change to the amount of membership fees made under
its rules, provided that this does not occur more than once in any calendar
year. Such advice shall be in the form
of a schedule of fees to be deducted specifying either weekly, fortnightly,
monthly, or quarterly as the case may be.
The Union shall give the employer a minimum of two months' notice of any
such change.
(vi) An employee may
at any time revoke in writing an authorisation to the employer to make payroll
deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of union membership fees to cease.
(viii) This clause
shall take effect:
(a) In the case of
employers which currently deduct Union membership fees, or whose payroll
facilities are carried out by way of an outsourcing arrangement, or whose
payroll calculations are made through the use of computerised means, from the
beginning of the first pay period to commence on or after 5 February 2004.
(b) In the case of
employers who do not fall within subparagraph (a) above, but who currently make
deductions, other than union membership fee deductions or mandatory deductions
(such as for taxation instalments or superannuation contributions) from
employees' pay, or have in place facilities to make such deductions, from the
beginning of the first pay period to commence on or after 5 May 2004.
(c) For all other
employers, from the beginning of the first pay period to commence on or after 5
August 2004.
12. Rest Periods
Each employee shall be allowed two intervals of not
more than ten minutes each as rest periods, where such employees work more than
four consecutive hours in a day. The
intervals shall be part of the time of duty without deduction of pay.
13. Sleep Over
(i) This clause
shall not be used to substitute for or derogate from an employee employed as a
Live-In Houseworker as defined in subclause (iv), of clause 5, Wage Rates.
(ii) An employer
shall not require an employee to sleepover at the clients' residence more than
five consecutive nights and will only be required to do so for emergency,
relief and temporary purposes.
(iii) An employee
who is required to sleep overnight and to be on call for emergencies shall, in
addition to the provision of board and lodging for such nights, be paid an
allowance a set out in Item 2 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates, provided that, except for time spent on call-out, the
on-call period shall not count as time worked for the purpose of annual leave,
sick leave or other leave.
(iv) A sleep over
shall not exceed 10 hours per occasion.
(v) All time spent
on call-out shall be paid for as time worked with a minimum payment of one half
hour at ordinary time including the shift allowance as provided in clause 9,
Shift Allowances, applying to each occasion, subject to the time and purpose of
the call and the time spent being appropriate documented for each occasion.
(vi) When an
employee is engaged on sleep over, such sleep over period shall immediately
precede and/or follow a shift.
14. Client
Cancellation
(i) Where an employee
is given notice before 5:00 p.m. the day before the rostered service was to
take place that a client shall not be requiring the service, then no payment
shall be made to the employee in respect of that client.
(ii) Where the
employee is given notice after 5:00 p.m. the day before the rostered service or
where the employee arrives at the client's home and the client is not there:
(a) If the employee
can be given another client, then the employee is to proceed to the client
within the rostered time on the same day.
Where there is an agreement between the employer and employee then
re-rostering of the client may take place on another day.
(b) If the employee
cannot be given another client within the rostered time on the same day and the
cancelled client stood alone as a single engagement, the employee is to receive
a one hour payment regardless of the fact that the engagement has been
cancelled.
(c) If the employee
cannot be given another client within the rostered time on the same day and the
cancelled client is part of an engagement, the employee is to be paid for the
time that would have been worked to a maximum of one hour.
(iii) Notwithstanding
the provisions of subclauses (i) and (ii) of this clause, if the total hours
worked at the end of the fortnight are less than an employee's contract hours,
then the contract hours shall be paid.
(iv) Notwithstanding
subclauses (i), (ii) and (iii) of this clause where the employer is unable to
meet the minimum contract hours of a full-time or part-time employee for
reasons associated with death, hospitalisation or other like extenuating
circumstances, the following procedures shall be followed in the sequence
provided:
(a) work shall be
re-allocated from casual employees to the part-time or full-time employee; or
(b) where possible,
the additional hours beyond the contract hours shall be re-allocated from
another employee to the employee; or
(c) where the
employee agrees, the employee may have access to annual leave or long service
leave; or
(d) the employee and
employer may agree to a period of unpaid leave; or
(e) failing
agreement in paragraph (d) of this subclause, refer to clause 34, Disputes
Procedure.
(f) Notwithstanding
the provisions in paragraphs (a) to (e) of this subclause, inclusive, if after
six weeks the client still does not require the service, the employee shall be
entitled to the provisions as set out in clause 31, Redundancy.
15. Overtime
(i) Rates of Pay -
For all work directed to be done in excess of eight hours per day or ten hours
per day where agreed in accordance with subclause (i) of clause 4, Hours of
Work, or 38 hours per week, the rates of pay shall be time and a half for the
first two hours and double time thereafter, such double time to continue until
the completion of the overtime work.
Except as provided in subclause (iii) of this clause,
in computing overtime each day's work shall stand alone.
(ii) Where an
employee is paid a composite rate, overtime shall be paid on the ordinary rate
as prescribed in Table 1 - Wage Rates, of Part B, Monetary Rates, and not on
the composite rate.
(iii) Return to Duty
After Overtime - When overtime work is necessary it shall, wherever reasonably
practicable, be so arranged that employees have at least ten consecutive hours
off duty between the work of successive days.
An employee (other than a casual employee) who works so
much overtime between the termination of such employee's ordinary work on one
day and the commencement of the employee's ordinary work on the next day that
he or she has not had at least ten consecutive hours off duty between those
times shall be released after completion of such overtime until he or she has
had ten consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence. If,
on the instructions of the employer, such an employee resumes or continues work
without having had such ten consecutive hours off duty he or she shall be paid
at double rates until released from duty for such period and shall then be
entitled to be absent until he or she has had ten consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence.
(iv) Crib Time
- An employee working overtime shall be
allowed a crib break of 20 minutes without deduction of pay after each
consecutive four hours of overtime worked if the employee continues work after
such crib time. Where the period of
overtime is more than one and a half hours, an employee before starting
overtime after working ordinary hours shall be allowed a meal break of 30
minutes which shall be paid for at the appropriate ordinary rate. An employer and employee may agree to any
variation of this provision to meet the circumstances of the work in hand,
provided that the employer shall not be required to make any payments for any
time allowed in excess of 30 minutes.
(v)
(a) Subject to
subclause (b), an employer may require an employee to work reasonable overtime
at overtime rates or as otherwise provided for in this award.
(b) 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.
(c) For purposes of
subclause (b) what is unreasonable or otherwise will be determined having
regard to:
(1) any risk to
employee health and safety;
(2) the employee's
personal circumstances including any family and carer responsibilities;
(3) the needs of the
workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(5) any other
relevant matter.
16. Meal Money
An employee required to work overtime after 5:00 p.m. for
more than two hours without being notified on the previous day or earlier that
he or she will be so required to work shall be paid an allowance as set out in
Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for
the purchase of a meal, except where the employer provides a suitable meal.
17. Meal Breaks
(i) No employee
shall be required to work more than five hours continuously without a meal
break after commencing his or her daily work.
Such unpaid period shall consist of not less than 30 minutes nor more than
one hour. However, employees may be rostered to have a 20 minute paid crib
break in place of the meal break where they are expected to remain with the
client during such break.
(ii) An employee
called upon to work during a meal period as prescribed in clause 4, Hours of
Work, shall be paid overtime rates for all time so worked and such overtime
shall continue to be paid until a meal break is allowed.
18. Public Holidays
(i) Employees,
other than casual employees, shall be entitled to the following public
holidays, without loss of pay, namely:
New Year's Day, Australia Day, Good Friday, and the
following Saturday and Monday, Anzac Day, Queen's Birthday, August Bank
Holiday, Labour Day, Christmas Day and Boxing Day.
Provided that absence from duty owing to illness or
other causes for periods immediately preceding or succeeding such holidays,
where application is made for leave and such is approved, will cause the
employee no loss of pay for the public holiday or holidays occurring within
such period of absence.
(ii) Payment shall
be the amount the employee would have received had the day not been a holiday
and he or she had worked thereon for the usual time on such day. Provided that where duties that would have
been performed on the day on which the holiday falls are performed on another
day in that week in addition to the normal duties which will extend the hours
worked, then no payment will be made for the holiday.
Employees working 38 hours a week but not on a
Saturday, shall not receive pay if the holiday falls on a Saturday.
(iii) All time
worked on a public holiday shall be paid for at the rate of double time and a
half the ordinary prescribed rate.
(iv) When the client
cancels work on a public holiday, the employee shall have the time off with
normal pay.
(v) These rates are
in substitution for and not cumulative upon the rates prescribed in clause 9,
Shift Allowances and clause 10, Saturday and Sunday Work.
(vi) Where a
full-time employee has a rostered day off or short day off as part of a 38 hour
week roster, which falls on a public holiday, the employee and employer shall
agree to an appropriate alternative day off.
In the absence of agreement, the substituted day shall be determined by
the employer, and in any event shall be taken by the employee within 30 days of
the public holiday.
(vii) An employee who
is paid a composite rate as set out in Table 1 - Wage Rates, of Part B,
Monetary Rates, and is required to work on a public holiday shall be granted
equivalent time off at a time to be mutually agreed between the employer and
the employee, without loss of pay. Such
time off must be taken within 30 days of the holiday or if not taken within 30
days the employee is entitled to the payment prescribed in subclause (iii) of
this clause on the ordinary rate as set out in the said Table 1.
19. Annual Leave and
Loading
(i) The provisions
of the Annual Holidays Act 1944, and/or any Act amending or replacing
that Act shall apply.
(ii) Employees
engaged to regularly work their ordinary hours on a rotating roster cycle over
any seven days of the week, and who work in excess of 30 weekends in a calendar
year, shall be entitled to an additional week's annual leave.
(iii) Part-time
employees whose weekly hours vary during the year shall be entitled to four
weeks annual leave paid at their average weekly hours of ordinary time worked
during the preceding 12 months.
(iv) Annual Leave
Loading -
(a) When annual
leave is due and taken, in addition to payment of wages an employee before
going on annual leave shall receive a loading of 17.5 per cent of the
appropriate ordinary rate of wages prescribed in Table 1 - Wages Rates, of Part
B, Monetary Rates.
(b) When the
employment of an employee is terminated by the 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 the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (a) of this subclause for the period not taken.
(c) Except as
provided in paragraph (b) of this subclause, no loading is payable on the
termination of an employee's employment.
(d) The loading is not
payable on annual leave taken in advance, but will become payable at the time
the leave would normally become due.
(e) Employees paid a
composite rate will receive their composite rate whilst on annual leave in lieu
of the annual leave loading referred to above.
20. Sick Leave
In the event of an employee becoming sick and unfit for
duty and certified as such by a duly qualified medical practitioner, he or she
shall be entitled to 76 hours sick leave for each year of service, provided
that:
(i) The entitlement
to be paid for absences due to sickness in the first year of employment shall
accrue on the basis of eight hours after each month of employment so that the
full 76 hours entitlement will have been accrued after nine months' employment.
In the second and subsequent year 76 hours will accrue at each anniversary date
of employment, with untaken sick leave cumulative to a maximum of five years,
namely 380 hours.
(ii) Employees
shall not be entitled to be paid for sick leave for any period in respect of
which workers' compensation is paid or payable.
(iii) Applications
for sick leave shall be in writing which may be completed upon resumption of
duty.
(iv) Should an
employee be absent from work on account of sickness or accident it shall be
necessary for such employee to notify the employer or agent authorised on the
employer's behalf, that such absence is due to sickness or accident at least
three hours prior to the commencement of normal work, wherever practicable but
in any case not later than one hour before the first client. Should an employer require a written
statement setting out the nature of the illness, such statement shall be
furnished within 48 hours of the commencement of each absence.
(v) The employer may
dispense with the requirement of a medical certificate where the absence does
not exceed two days in any year, or where, in the employer's opinion, such
requirement is unnecessary. Medical
certificates furnished by employees in accordance with this subclause to cover
any periods of absence, shall indicate to the employer the nature of the
illness suffered by the employee.
(vi) A part-time
employee is entitled to pro rata sick leave on the proportionate basis that the
employee's weekly hours bears to 38 as outlined by the formulae provided in
subclause (xi) of clause 2, Definitions. The entitlement to pro rata sick leave
shall be cumulative to a maximum of five years.
21. Personal Carer’s
Leave
1. Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 21.1(c)(ii) 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 20, Sick Leave of the award, 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,
(1) 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
(2) 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.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of the
employee; or
(b) a defacto
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 of that person on a bona fide domestic basis although not legally married
to that person; or
(c) 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 defacto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the defacto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for purposes of this
subparagraph:
(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 the same domestic dwelling.
(d) An 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 that
person's 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.
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 34, Dispute Procedure, should be followed.
2. Unpaid Leave
for Family Purposes -
(a) 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 21.1(c)(ii) above
who is ill or who requires care due to an unexpected emergency.
3. 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 inclusive of
any shutdown 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) Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 21.1(b) and 21.1(d) 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 21.1(c)(ii) 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.
(2) 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.
(3) 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.
4. Time Off in Lieu
of Payment for Overtime -
(a) 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 within the 12 months
of the said election.
(b) Overtime taken
as time off during ordinary hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
5. Make-up Time -
(a) An employee may
elect, with the consent of the 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
the ordinary rate of pay.
(b) An employee may
elect, with the consent of the employer, to work "make-up time"
(under which the employee takes time off ordinary hours and works those hours
at a later time), at the shift work rate which would have been applicable to
the hours taken off.
6. The provisions
of this clause will have no application to employees of bodies established by
the Catholic Church to propagate religion.
7. 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.
22. Long Service
Leave
See Long Service Leave Act 1955 and/or any Act
amending or replacing that Act.
23. Bereavement Leave
(i) 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 as
prescribed by the said subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 21, 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.
(iv) 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.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4) and (5) of the said clause 21. In determining such a request the
employer will give consideration to the consideration to the circumstances of
the employee and the reasonable operational requirements of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 23(ii) 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 21.1(c)(ii) of clause 21, Personal /
Carer's Leave.
(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 engage a casual employee are otherwise not affected.
24. Parental Leave
(1) 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).
(2) 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.
(3) 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.
(c) Employee's
request and the employer's decision to be in writing
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.
(4) 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).
25. Right of Entry
An officer of an industrial organisation of employees,
authorised for the purpose by the Industrial Registrar, may enter the premises
where members are engaged, in accordance with the provision of Part 7 of the
Industrial Relations Act 1996.
26. Union Business
(i) An employer of
employees whose conditions of employment at any premises are covered by this
award must cause a copy of the award to be exhibited at those premises in a
conspicuous place readily available to the employees in accordance with section
261 of the Industrial Relations Act 1996.
(ii) It is sufficient
compliance with subclause (i) of this clause if the latest reprint of the award
is exhibited.
27. Work Clothes and
Equipment
(i) On request, the
employer shall supply, free of charge, two sets of tabards (ie. full body
aprons).
(ii) Tabards shall be
replaced by the employer on the basis of fair wear and tear.
(iii) Tabards shall
remain the property of the employer at all times and any employee applying for
a new issue of any tabards supplied by the employer who fails to return such
tabards last issued to him or her shall not be entitled to a new issue without
payment therefor.
(iv) All new
employees at time of engagement and all existing employees at the time of the
next issue of uniforms may be required to sign an authorisation permitting the
employer to deduct the value of uniforms and/or employer property from
termination monies if the uniforms and/or employer property is not
returned. Employer property is property
personally given to an employee and where such property can reasonably be
expected to remain in the employee's personal control.
(v) Where equipment,
materials and tools are supplied by the client, the employer shall ensure that
they are of reasonable quantity, quality and safety standards.
(vi) Where an
employee is required to work outdoors the employer shall provide a suitable
broad-brimmed hat.
28. Expenses
(i) Employees who
are authorised to make business telephone calls on their telephone or a public
telephone shall be reimbursed the cost of such calls. Provided that a record of calls and their purpose may be required
to be given to the employer with an application for reimbursement, on a monthly
basis.
(ii) No payment
shall be made under this clause unless the employer is satisfied that the
employee has incurred such expenditure.
29. Travel Allowance
and Travel Time
(i)
(a) Where an
employee is required to use his or her motor vehicle on official business he or
she shall be paid at the rate as set out in Item 4 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, excluding travel from the employee's
home to the first place of work and return to home at the end of his or her
duties.
(b) Where an
employee is required to use public transport for travel on official business
such employee is to be reimbursed actual expenses incurred for such travel,
excluding travel from the employee's home to the first place of work and return
to home at the cessation of his or her duties.
(c) No payment shall
be made under paragraphs (a) and (b) of this subclause unless the employer is
satisfied that the employee has incurred expenditure for such travel.
(ii) Where
employees are rostered to work with consecutive clients they shall be paid for
the time taken to travel between locations at the rate of three per cent of the
ordinary hourly rate per kilometre travelled, excluding travel from the
employee's home to the first place of work and return to home at the cessation
of his or her duties; provided that this payment shall not be made if the
employee is being otherwise paid under this award.
30. Training
An employee may, with the prior approval of the
employer, attend conferences, training courses and seminars which are
specifically relevant to the employer's business during normal business hours
without loss of pay. Employers will not
unreasonably withhold approval to attend such courses.
31. Redundancy
(i) Application -
(a) This clause
shall apply in respect of full time and part time persons employed in the
classifications specified by this award.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees, in the terms of subclause (iv)
of this clause.
(c) Notwithstanding anything
contained elsewhere in this award, this award shall not apply to employees with
less than one year's continuous service and the general obligation on employers
shall be no more than to give such employees an indication of the impending redundancy at the first
reasonable opportunity, and to take such steps as may be reasonable to
facilitate the obtaining by the employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this award, this award shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(ii) Introduction
of Change -
(a) Employers duty
to notify -
(1) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(2) 'Significant effects'
include termination of employment, major changes in the composition, operation
or size of the employers workforce or in the skills required, the elimination
or diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
Provided that where the award specified in paragraph
(a) of subclause (i) of this clause makes provision for alteration of any of the
matters referred to herein, an alteration shall be deemed not to have
significant effect.
(b) Employer's duty
to discuss change -
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause (a) of
this clause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in subclause (a) of this
clause.
(3) For the purpose
of such discussion, the employer shall provide to the employees concerned and
the union to which they belong all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
(iii) Redundancy -
(a) Discussions before
terminations -
(1) Where an
employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by
anyone pursuant to subparagraph (1) of paragraph (a) of subclause (ii),
Introduction of Change, of this clause, and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(2) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subparagraph (1) of this
paragraph and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination of the employees concerned.
(3) For the purposes
of the discussion the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employee.
(iv) Termination of
Employment -
(a) Notice for
Changes in Production, Programme, Organisation or Structure -
This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from 'production',
'programme', 'organisation' or 'structure' in accordance with subparagraph (1)
of paragraph (a) of subclause (ii) of this clause.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of Continuous Service
|
Period of Notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled to
an additional week's notice.
(3) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) Notice for
Technological Change -
This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from 'technology'
in accordance with subparagraph (1) of paragraph (a) of subclause (ii) of this
clause:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(2) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(c) Time Off During
the Notice Period -
(1) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(2) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(d) Employee leaving
during the notice period - If the employment of an employee is terminated
(other than for misconduct) before the notice period expires, the employee
shall be entitled to the same benefits and payments under this clause had the
employee remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(e) Statement of
employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written statement
specifying the period of the employee's employment and the classification of or
the type of work performed by the employee.
(f) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify the Commonwealth Employment Service thereof as soon as
possible giving relevant information including the number and categories of the
employees likely to be affected and the period over which the terminations are
intended to be carried out.
(g) CentrelinkEmployment
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
'Employment Separation Certificate' in the form required by the Department of
Social Security.
(h) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (a) of subclause (ii) of this clause, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee's 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 time rate of pay
and the new ordinary time rates for the number of weeks of notice still owing.
(v) Severance Pay -
(a) Where an
employee is to be terminated pursuant to subclause (iv) of this clause, subject
to further order of the Industrial Relations Commission, the employer shall pay
the following severance pay in respect of a continuous period of service:
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
45 Years of Age and
Over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(3) 'Weeks pay'
means the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and all purpose allowances paid in accordance
with this award.
(b) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in subclause (a) of this clause.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Industrial Relations Commission thinks relevant, and the probable effect paying
the amount of severance pay in subclause (a) of this clause will have on the
employer.
(c) Alternative
Employment - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in subclause (a) of this clause if
the employer obtains acceptable alternative employment for an employee. Without
in any way limiting the generality of the words 'acceptable alternative
employment, regard shall be had to:
(a) the employee's age,
education, skills and work experience;
(b) the employee's
place of residence;
(c) the needs of the
employer and the nature of the employer's operations; and
(d) any other
relevant circumstances.
(vi) Savings Clause
- Nothing in this clause shall be construed so as to require the reduction or
alteration of more advantageous benefits or conditions which an employee may be
entitled to under any existing redundancy arrangement, taken as a whole,
between the union and any employer bound by this award.
32. Superannuation
(i) The subject of
superannuation is dealt with by 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, and section 180
of the Industrial Relations Act 1991 (NSW). This legislation, as varied
from time to time, governs the superannuation rights and obligations of the
parties.
The required superannuation contributions will be paid
in accordance with the Superannuation Guarantee (Administration) Act
1992.
(ii) Pursuant to
section 124 of the Industrial Relations Act 1996, the employer shall
genuinely consider a request by an employee nominating the Health Employees
Superannuation Trust of Australia (HESTA).
33. Anti
Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(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.
(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
practise 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.
34. Disputes
Procedure
Subject to the Industrial Relations Act 1996,
grievances or disputes shall be dealt with in the following manner:
(i) The employee/s
is/are required to notify (in writing or otherwise) the employer as to the
substance of the grievance, requesting a meeting with the employer for
bilateral discussions and state the remedy sought. This meeting shall take place within a reasonable time period.
(ii) If agreement
is not reached, the matter shall then be referred by the employer to a higher
authority (where this exists). At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance if the matter has not been resolved, including reasons (in
writing or otherwise) for not implementing any proposed remedy.
(iii) While the
foregoing procedure is being followed, normal work shall continue.
(iv) If the matter
is not settled within a reasonable period of time, it may be referred/notified
to the Industrial Relations Commission for settlement by either party.
(v) The employer may
be represented by an industrial organisation of employers and employee/s is/are
entitled to be represented by an industrial organisation of employees for the
purposes of each step of the procedure.
35. Form of
'Agreement in Writing'
For the purpose of this award the following form will
satisfy the provision that the agreement between the employer and employee
shall be in writing.
AGREEMENT
Print Employee's name
|
and
|
|
|
Print Employer's name and address
|
|
|
|
Voluntarily agree that:
|
|
|
|
Date
|
|
|
|
Signature of Employee
|
Signature of Employer
|
|
|
36. Savings
No employee shall suffer a reduction in the rate of
wages enjoyed by that employee as a result of the implementation of this award.
37. Salary Packaging
(i) Where agreed
between the employer and a full-time or part-time employee, an employer may
offer salary packaging in respect of salary.
Neither the employer nor the employee may be compelled to enter into a
salary packaging agreement.
(ii) Salary
packaging shall mean that the employee will have part of their salary packaged into
a fringe benefit which does not constitute a direct payment to the employee but
is payable to a bona fide third party.
(iii) The terms and
conditions of such a package shall not, when viewed objectively, be less
favourable than the entitlements otherwise available under this award and shall
be subject to the following provisions:
(a) the employer
shall ensure that the structure of any agreed remuneration package complies
with taxation and other relevant legislation;
(b) where there is
an agreement to salary package, the agreement shall be in writing and made
available to the employee;
(c) the employee
shall have access to details of the payments and transactions made on their
behalf. Where such details are
maintained electronically, the employee shall be provided with a printout of
the relevant information;
(d) the employer has
the right to vary or withdraw from a salary packaging agreement and/or withdraw
from offering salary packaging in the event of changes to the operation of
legislation that are detrimental to, or increase the costs of, salary packaging
arrangements;
(e) prior to
entering into any salary packaging agreements, the employee will be given the
opportunity by the employer to seek independent advice in respect of salary
package arrangements including advice from the union;
(f) in the event
that the employer withdraws from a salary packaging agreement, the individual
employee’s salary will revert to whichever is the higher of:
(i) the ordinary
time rate of pay that applied to the employee prior to the commencement of the
salary packaging agreement; or
(ii) the applicable
rate specified in Table 1 - Rates of Pay of Part B, Monetary Rates, of this
award.
(g) notwithstanding
any of the above arrangements, the employer or employee may cancel any salary
packaging agreements by the giving of one month’s notice of cancellation to the
other party;
(h) Superannuation
Guarantee Contributions will be calculated with reference to the ordinary time
rate of pay the employee would have been entitled to receive but for the salary
packaging arrangement;
(i) any allowance,
penalty rates, overtime, payment for unused leave entitlements shall be
calculated by reference to the ordinary time rate of pay which would have
applied to the employee but for the salary packaging arrangement.
(j) unless there is
agreement between the employer and the employee to the contrary, all salary
packaging arrangements shall cease during any period of leave without pay,
including periods of unpaid sick leave.
38. Area, Incidence
and Duration
(i) This award
shall apply to all persons within the jurisdiction of the Domestic Workers
&c (State) Conciliation Committee engaged by an organisation in or in
connection with the provision of home care services, to perform domestic work
in private residences and furthermore, this award shall apply to persons
engaged in or in connection with the provision of home care services who
perform domestic work in private residences where the occupant of the residence
is funded by one or more government and/or non-government:
(1) agencies;
(2) insurance funds;
(3) trusts;
(4) companies;
(5) statutory
corporations;
(6) superannuation;
(7) or like fund;
where the purpose of such funding is to fund or
subsidise the service or services performed and such funding may be in the form
of reimbursement or payment of subsidies, allowances, fees, wages, damages,
awards (from the date such damages or awards are adjudged) or other like
assistance given to or on behalf of the client or service provider. Without in any way limiting the generality
of the words 'domestic work' it shall include cleaning, child minding,
gardening, handy work, cooking, laundry, shopping, housekeeping, personal
attendant and general upkeeping services.
(ii) Except: This award shall not apply to:
(a) persons (other
than persons employed by a home care service) employed in ambulance work,
hospitals, mental hospitals, nursing homes, hostels, retirement villages, aged
care hostels and other like institutions;
(b) persons (other
than persons employed by a home care service) employed in or by hostels,
accommodation support services or community residential units where their
function is to assist in the provision of care and training in daily living
skills, personal development, socialisation and recreation for disabled
persons;
(c) persons employed
in providing home care services to clients in private residences, where such
employees are employed by, and such services are run as an adjunct to a
retirement village, nursing home, hostel, accommodation support service or
community residential unit, where the traditional primary role of such
institutions or services was not to provide home care services;
(d) persons employed
in or by a nursing home, hostel, retirement village, accommodation support
service or community residential unit where such employees may be required to
cross service clients within the scope of the employer's business (e.g., St.
John's Nursing Home providing personal care services to clients who live at St.
John's Retirement Village);
(e) persons employed
by a service whose primary function is to provide respite care services;
(f) persons
employed under the Community Services (Home Care Service of NSW) Field Staff
Award 1992;
(g) persons employed
by the occupant of the residence, where such employment is inconsistent with
subclause (i) of this clause.
(iii) Further
excepting that the provisions of paragraph (d) of subclause (iv) Live-In
Houseworker of clause 5, Wage Rates, shall not apply to Live-In Houseworkers
employed by Paraquad of 33-35 Burlington Road, Homebush, New South Wales, until
30 August, 1995.
This award rescinds and replaces the Miscellaneous
Workers Home Care Industry (State) Award published 6 October 1995 (288 IG 519),
as varied, and the Miscellaneous Workers - Home Care Industry (State) Wages
Adjustment and Allowances Award published 1 November 1996 (295 I.G. 675), as
varied.
This award shall take effect from the beginning of the
first full pay period to commence on or after 15 December 1999 and shall remain
in force thereafter for a period of 12 months.
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 for 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 31 August 2007.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
PART B
MONETARY
RATES
Table 1 - Wage Rates
Classification
|
Former
|
SWC 2010
|
Total
|
|
Rate per week
|
|
Rate per week
|
|
$
|
%
|
$
|
Field Staff Grade 1
|
629.71
|
4.25
|
656.50
|
Field Staff Grade 2
|
654.30
|
4.25
|
682.10
|
Field Staff Grade 3
|
692.79
|
4.25
|
722.20
|
Live-in Houseworker Grade 1*
|
818.62
|
-
|
853.50
|
Live-in Houseworker Grade 2*
|
916.02
|
-
|
954.90
|
Live-in Houseworker Grade 3*
|
1075.56
|
-
|
1121.20
|
*For part-time and casual rates refer clause 7 (iii) and 8
(ii) of the award. Wage totals for Live-in
|
Houseworker rates include the All Incidents Loading per
clause 5 (iv) (d) of the award which is reflected in
|
the total rate.
The Live-In Houseworker Grade 3 rate also includes a 3.5% special
loading which is also
|
reflected in the wage total.
|
Table 2 - Other Wage Rates
Rate
|
Field Staff
|
Field Staff
|
Field Staff
|
|
Grade 1
|
Grade 2
|
Grade 3
|
|
SWC 2010
|
SWC 2010
|
SWC 2010
|
|
(4.25%)
|
(4.25%)
|
(4.25%)
|
|
$
|
$
|
$
|
Part-time minimum daily payment - hourly rate
|
17.27
|
17.95
|
19.00
|
Casual per hour includes 20% loading
|
20.72
|
21.54
|
22.81
|
Composite per hour includes 20%
|
20.72
|
21.54
|
22.81
|
Composite casual per hour includes 20% plus 20%
|
24.87
|
25.85
|
27.37
|
Table 3 - Other Rates and Allowances
Item
No.
|
Clause
No.
|
Brief Description
|
Amount
|
|
|
|
SWC 2010 (4.25%)
|
|
|
|
$
|
1
|
9(ii)
|
Shift Allowance
|
7.91 for each break
in the shift
|
2
|
13(iii)
|
Sleep Over Allowance
|
39.88 per night
|
3
|
16
|
Meal Money (overtime)
|
10.01
|
4
|
29(i)(a)
|
Vehicle Allowance
|
0.72 per kilometre
|
Appendix "A" - Guidelines for Grading
Grading Work
When determining the grade of tasks which an employee
will perform in a household, the employer/employee will need to establish:
the tasks which are to be performed - personal care,
housework, handyperson work, etc.
the likely impact on the worker, or the work to be
performed, from any household factors - including behaviour, exhibited by the
client or another household member
If Personal Care tasks are to be performed, refer to
the graded lists to identify whether the work is Grade 3 or Grade 2.
Grade 3 Personal Care work requires a Grade 3
worker. Grade 2 Personal Care work
requires a Grade 2 worker.
Personal Care
All personal care tasks have been graded either as
Grade 3 or Grade 2.
The criteria used for grading personal care tasks, is
detailed below.
Level of assistance needed (Grade 2 tasks involve some
assistance to the clients, Grade 3 tasks involve a high degree or total
assistance)
Who is responsible (is the client/carer responsible or
is the worker responsible)
Bodily intrusion
Grade 3 Personal Care
Grade 2 Personal Care
|
Grade 3
|
Grade 2
|
|
|
Personal Care
|
Personal Care
|
|
|
|
|
|
Showering / Bathing
|
Showering/Bathing adults and children
|
Assisting client to
|
|
|
with severely limited/uncontrollable
|
shower/bath self or totally
|
|
|
body movements.
|
showering/bathing client.
|
|
|
|
Replacement employees
|
|
|
Total bed bath/sponge where there is
|
except where client has
|
|
|
severely limited/uncontrollable
|
severely
|
|
|
movements or serious comfort/health
|
limited/uncontrollable body
|
|
|
consideration
|
movements.
|
|
|
|
|
|
|
|
Assisting with mobility or
|
|
|
|
transferring to and from
|
|
|
|
shower/bath except with
|
|
|
|
clients who have severely
|
|
|
|
limited/uncontrollable body
|
|
|
|
movements.
|
|
|
|
|
|
|
|
Assisting or transferring
|
|
|
|
client to commode chair
|
|
|
|
except where client has
|
|
|
|
severely
|
|
|
|
limited/uncontrollable body
|
|
|
|
movements.
|
|
|
|
|
|
|
|
Supervising children's bath
|
|
|
|
|
|
|
|
Bathing a baby
|
|
|
|
|
|
|
|
Total bed bath/sponge -
|
|
|
|
exceptions Grade 3
|
|
|
|
|
|
Toileting
|
Assisting in placement, removal,
|
Helping people to the toilet
|
|
|
emptying, care and cleaning of sheaths
|
|
|
|
and leg baths
|
Assisting people to use the
|
|
|
|
toilet by loosening clothing
|
|
|
Assisting with indwelling
|
|
|
|
catheterisation by changing collection
|
Assisting client to change
|
|
|
bag and cleaning around the insertion
|
own incontinence and
|
|
|
site
|
sanitary pads
|
|
|
|
|
|
|
Changing or assisting with urinary
|
Changing clients urinary
|
|
|
diversion - colostomy and drainage
|
incontinence pads
|
|
|
bags
|
|
|
|
|
|
|
|
All bowel management except
|
Assisting clients with bottles
|
|
|
changing
|
|
|
|
babies nappies and toileting children
|
|
|
|
|
Assisting self-catheterisation
|
|
|
Continual caring of someone with
|
by holding mirror or
|
|
|
bowel incontinence including washing
|
positioning legs except where
|
|
|
person changing bowel incontinence
|
there is severely
|
|
|
pads
|
limited/uncontrollable body
|
|
|
|
movements
|
|
|
Responsibility for sterilising glass
|
|
|
|
catheters for people using intermittent
|
Changing babies, nappies,
|
|
|
catheters
|
toileting children
|
|
|
|
|
|
Menstrual Care
|
Changing tampons and sanitary pads
|
Assisting with menstrual care
|
|
|
|
|
|
Skin Care
|
Changing dressings on pressure areas,
|
All skin care eg. application
|
|
|
ulcers, burns, wounds, cuts and grazes.
|
of cream, rubbing pressure
|
|
|
|
areas with lotions
|
|
|
Application of treatment creams to
|
|
|
|
genital area
|
|
|
|
|
|
|
Nasal Care
|
Cleaning noses
|
|
|
|
|
|
|
All dressing/undressing where
|
All hair care
|
Grooming
|
there are severely
|
|
|
limited/uncontrollable body
|
Limited care of nails
|
|
movements
|
|
|
|
Shaving:
|
|
|
|
|
|
Where there are uncontrollable body
|
|
|
movements use electric razors only
|
|
|
|
|
|
All other shaving - electric razors
|
|
|
recommended
|
|
|
|
|
|
All dressing/undressing or assistance
|
|
|
with dressing/undressing except
|
|
|
where there is severely
|
|
|
limited/uncontrollable body
|
|
|
movements
|
|
|
|
Oral Hygiene
|
|
Assisting client with their own care of
|
|
|
teeth or dentures
|
|
|
|
|
|
Care of teeth and dentures for the
|
|
|
client by using tooth brush/tooth
|
|
|
paste/oral solutions only
|
|
|
|
Oral Medication
|
|
Assisting client with or administering
|
|
|
liquid medicines, pills, powders, nose
|
|
|
and eye drops
|
|
|
|
Medication
|
Suppositories
|
|
Transferring/
|
Assisting clients to turn/sit where
|
Transferring client in and out of
|
Mobility
|
clients can offer limited/no assistance
|
bed/chair. Care
and assisting with
|
|
with weight bearing
|
mobility - exceptions see Grade 3
|
|
|
|
|
Using mechanical aids to lift and
|
Assisting clients to turn or sit up -
|
|
transfer clients
|
exceptions Grade 3
|
|
|
|
|
Assisting client with
|
|
|
transfers/mobility where:
|
|
|
|
|
|
Client can offer limited/no assistance
|
|
|
with weight bearing
|
|
|
|
|
|
Particularly careful handling is
|
|
|
required because of the client's
|
|
|
health/disability
|
|
|
|
|
|
Some lifting or physically awkward
|
|
|
movement is involved for staff in the
|
|
|
transfer/mobility
|
|
|
|
|
Fitting of
|
|
Such as splints and callipers
|
Aids/Appliances
|
|
|
|
|
|
Therapy
|
Assisting with therapy in any of the
|
Assisting with therapy in any of the
|
|
following circumstances:
|
following circumstances
|
|
|
|
|
high degree of assistance is
|
low level of assistance is
|
|
involved
|
involved
|
|
field staff have total
|
carer/therapist is on site of
|
|
responsibility because client is unable
|
clients is able to take responsibility for
|
|
to take responsibility for the therapy
|
the therapy or carer/therapist is on site
|
|
and carer/therapist is not on site
|
simple instructions required
|
|
specialised
|
rather than specialised
|
|
training/knowledge is required
|
training/knowledge
|
|
|
|
Assistance with
|
Assisting with eating where a risk of
|
Assisting where there are no eating
|
Eating
|
choking, vomiting or other eating
|
difficulties
|
|
difficulty is involved
|
|
Other
Assistance (Not Grade 3 Personal Care Tasks)
When determining the grading for tasks other than Grade
3 Personal Care the employer/employee will need to consider the following:
What is the likely impact on the worker, or the work to
be performed from any household factor - including behaviours exhibited by the
client or another household member.
Examples of household factors which will have a
significant impact on the work/worker:
restless, wandering behaviour;
verbal abuse, aggression;
hearing or speech impairment which seriously affects
communication;
extreme stress present due to household member with
acute/terminal illness loss/bereavement;
households where children have been notified to FACS as
At Risk;
households where adults are at risk of abuse;
domestic violence;
where there is a severe allergy which requires
additional care with the tasks.
The more pronounced the impact of household factors on
work, the higher the level of interpersonal skills required of the worker.
Grading Personal Care Task
Examples of Grading Personal Care with respect to the
following criteria:
Level of assistance needed (Grade 2 tasks involve some
assistance to the clients, Grade 3 tasks involve a high degree or total
assistance)
Who is responsible (is the client/carer responsible or
is the field staff responsible)
Bodily intrusion
Example - Grade 3 Personal Care
Providing total bowel care for a severely disabled
client while their carer leaves for a break.
Analysis of the task according to the factors above:
Total assistance
Worker totally responsible while carer is away
Bodily intrusion
Example - Grade 2 Personal Care
Assisting client to wash and dry their own hair. Analysis of the task according to the
factors above:
Some assistance
Client is responsible
No bodily intrusion
Grading Client Behaviour
Examples of Grading with respect to client behaviour:
Level of interpersonal skills required by worker
Examples - Grade 3
A Providing
housekeeping assistance to a disabled client who displays aggressive behaviour
and who is often verbally abusive.
Worker will need advanced level of interpersonal skills
to be able to perform the tasks, for example:
assertiveness skills to deal with the aggression and abuse - knowledge
of the clients condition and understanding of the effect on the clients
behaviour - negotiating skills to request assistance or change arrangements, if
necessary.
B. Assisting
disabled adult female to shower, wash her hair and dress. Severe arthritis impairs the clients ability
to assist. The worker cooks tea for the
client in the evening, the client can feed herself. However, the client often experiences severe depression which
results in her becoming withdrawn and passive.
The impact of the client's condition on the work or
worker is likely to be moderate to pronounced as the work may take longer to
perform and be more difficult for the worker because of the client's passivity
and depression.
Worker will need advanced level of interpersonal skills
to be able to direct the client or to carry out tasks on own initiative at
times when the client is depressed - to be sensitive to the clients behaviour
and have advanced listening skills and empathy with the client.
Examples - Grade 2
A. Providing
activities for a blind adolescent girl.
The worker will be following a plan which has previously been discussed
and outlined.
B. Providing
housekeeping assistance to an elderly woman who has severe asthma and heart
problems.
The impact of the work or worker is slight to moderate,
depending on the clients health stability.
The worker would need basic interpersonal skills, eg. ability to respond
in a crisis.
NOTE: Where
there exists a dispute in relation to the grading of work refer to clause 34,
Disputes Procedure.
____________________
Printed by
the authority of the Industrial Registrar.