NURSES (PRIVATE SECTOR)
REDUNDANCY (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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C2505
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30/07/2004
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First pay period on or after 12/12/2003
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345
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596
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1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Application
4. Introduction
of Change
5. Redundancy
6. Termination
of Employment
7. Severance
Pay
8. Grievance and
Dispute Resolution Procedures
9. Savings
Clause
10. Area,
Incidence and Duration
2. Title
This award shall be known as the Nurses (Private
Sector) Redundancy (State) Award.
3. Application
(i) In respect to
employers who employ 15 or more employees immediately prior to the termination
of employment of the employees, in the terms of clause 6, Termination of
Employment.
(ii) 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.
(iii) 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 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.
4. Introduction of
Change
(i) Employer's Duty
to Notify
(a) Where an
employer has made a definite decision to introduce major changes in production,
programme, 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.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's 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 an award referred to in subclause
(i) of clause 3, Application, makes provision for alteration of any of the
matters referred to herein, an alteration shall be deemed not to have
significant effect.
(ii) Employer's
Duty to Discuss Change
(a) 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 (i) 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.
(b) 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 the said subclause (i).
(c) 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.
5. Redundancy
Discussions before Termination
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to paragraph (a)
of subclause (i) of clause 4, Introduction of Change, 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.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subclause (a) of this
clause 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 on the employees concerned.
(c) 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
employer.
6. Termination of
Employment
(i) Notice for
Changes in Production, Programme, Organisation or Structure
This subclause 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 paragraph (a) of
subclause (i) of clause 4, Introduction of Change.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of
continuous service
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Period of notice
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Less than 1 year
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1 week
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1 year and less than 3 years
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2 weeks
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3 years and less than 5 years
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3 weeks
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5 years and over
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4 weeks
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(b) 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.
(c) 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.
(ii) Notice for
Technological Change
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with paragraph (a) of subclause (i) of the
said clause 4.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months notice of termination.
(b) 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.
(c) 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.
(iii) Time Off
during the Notice Period
(a) 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 purpose of seeking other
employment.
(b) 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.
(iv) 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 circumstance the
employee shall not be entitled to payment in lieu of notice.
(v) 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.
(vi) Notice to
Centrelink
Where a decision has been made to terminate the
employment of employees, the employer shall notify Centrelink 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.
(vii) Centrelink
Employment 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
Centrelink.
(viii) Transfer to
Lower Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in subclause (i) of the said clause 4, 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 rate for the number of weeks notice still owing.
(ix) Notice Required
by an Award
The period of notice prescribed by this clause shall be
in substitution for any notice required by an award listed in subclause (i) of clause
10, Area, Incidence and Duration.
7. Severance Pay
(i) Where the
employment of an employee is to be terminated pursuant to clause 6, Termination
of Employment, subject to further order of the Industrial Relations Commission
of New South Wales, the employer shall pay the following severance pay in
respect of a continuous period of service.
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
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Entitlement
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Less than 1 year
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Nil
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1 year and less than 2 years
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4 weeks
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2 years and less than 3 years
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7 weeks
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3 years and less than 4 years
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10 weeks
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4 years and less than 5 years
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12 weeks
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5 years and less than 6 years
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14 weeks
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6 years and over
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16 weeks
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(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service
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Entitlement
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Less than 1 year
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Nil
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1 year and less than 2 years
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5 weeks
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2 years and less than 3 years
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8.75 weeks
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3 years and less than 4 years
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12.5 weeks
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4 years and less than 5 years
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15 weeks
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5 years and less than 6 years
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17.5 weeks
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6 years and over
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20 weeks
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(c) "Week's
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 allowances specified in paragraph
(d) of this subclause paid in accordance with the award covering the wages and
conditions of the employee.
(d) For the purposes
of this clause, the following allowances shall form part of an employee's
"week's pay":
(1) Private Hospital
Industry Nurses' (State) Award published 24 August 2001 (327 I.G. 1).
The allowances provided for in paragraphs (a) and (b)
of subclause (i), paragraphs (a) and (c) of subclause (ii) and paragraph (a) of
subclause (v) of clause 13, Special Allowances.
(2) Nursing Homes,
&c., Nurses' (State) Award published 22 January 1999 (308 I.G. 45).
The allowances provided for in paragraphs (a) and (b)
of subclause (i) of clause 11, Special Allowances, and subclauses (i) and (ii)
of clause 12, Climatic and Isolation Allowance.
(3) Catholic Health Care
Services Nurses’ Enterprise (State) Award 2001 published 22 March 2002 (332
I.G. 1).
The allowances provided for in paragraphs (a) and (b)
of subclause (i), paragraphs (a) and (c) of subclause (iii) and paragraph (a)
of subclause (v) of clause 13, Special Allowances.
(e) A "week's
pay" for a particular employee shall be determined according to the
average week's pay received by the employee in the period immediately prior to
their last date of employment equal to the number of weeks of severance pay to
which the employee is entitled under paragraphs (a) and (b) of this subclause.
(iii) Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
subclause (i) of this clause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in the said
subclause (i) will have on the employer.
(iv) 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 (i) of
this clause if the employer obtains acceptable alternative employment for an
employee.
8. Grievance and
Dispute Resolution Procedures
(i) Procedures
relating to Grievances of Individual Employees
(a) The employee is
required to notify the employer (in writing or otherwise) as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) 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 for not
implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(ii) Procedures
relating to Disputes, etc., between Employers and their Employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer may
be represented by an industrial organisation of employers and the employees may
be represented by an industrial organisation of employees for the purposes of
each procedure.
9. Savings Clause
Nothing in this award 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.
10. Area, Incidence
and Duration
(i) This award
shall apply to all full-time and part-time employees in classifications
specified by the:
Private Hospital Industry Nurses' (State) Award
published 24 August 2001 (327 I.G. 1).
Nursing Homes, &c., Nurses (State) Award published
22 January 1999 (308 I.G. 45).
Occupational Health Nurses' (State) Award published 1
December 2000 published 1 December 2000 (320 I.G. 836).
Nurses, Non-Government Schools (State) Award published
9 July 1999 (309 I.G. 1096).
Nurses, &c., Other Than in Hospitals, &c.
(State) Award published 12 January 2001 (321 I.G. 527).
Catholic Health Care Services Nurses Enterprise (State)
Award 2001 published 22 March 2002 (332 I.G. 1).
(ii) This award
shall take effect on 11 July 1996 and shall remain in force for a period of 2
years.
(iii) The changes
made to the award pursuant to the Award Review under 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 12 December 2003.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
____________________
Printed by
the authority of the Industrial Registrar.