Public Hospital Medical Officers (State) Award
2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 2018/199448)
Before Chief
Commissioner Kite
|
2 July 2018
|
AWARD
PART A
Arrangement
Clause No. Subject
Matter
1 Definition
2 Salaries
3 Payment
of Salaries
4 Qualification
Allowance
5 In-charge
Allowance
6 Hours of
Work
7 Part-Time
Employees
8 Penalty
Rates
9 Time
Worked
10 Meal Breaks
11 Overtime
12 On Call and
Call Back
13 Higher
Duties Allowance
14 Annual
Leave
15 Public
Holidays
16 Sick Leave
17 Maternity,
Adoption and Parental Leave
17A Lactation
Breaks
18 Family and
Community Services Leave and Personal/Carer’s Leave
18A Family
Violence Leave
19 Long
Service Leave
20 Board and
Accommodation
21 Uniform and
Laundry Allowances
22 Termination
of Employment
23 Settlement
of Disputes
24 Anti-Discrimination
25 Study Leave
26 Travelling
Allowances
27 Mobility,
Excess Fares and Travelling
28 Secondment
29 Relocation
Expenses
30 Labour
Flexibility
31 Salary
Packaging
32 Reasonable
Hours
33 Salary
Sacrifice to Superannuation
34 No Extra
Claims
35 Area,
Incidence and Duration
PART B
Table 1 - Allowances and Other Rates
PART C
PART A
1. Definitions
"Employer" means the Secretary exercising employer
functions on behalf of the Government of New South Wales (and includes a
delegate of the Secretary).
"Health Service" means a Local Health District
constituted under section 8 of the Health
Services Act 1997, a Statutory Health Corporation constituted under section
11 of that Act, and an Affiliated Health Organisation constituted under section
13 of that Act.
"Hospital" means a public hospital as defined
under section 15 of the Health Services
Act 1997.
"Higher Medical Qualifications" means such
qualifications obtained by a medical practitioner subsequent to graduation and
includes:
(i) post-graduate university degrees and diplomas recognised by
the Medical Board of Australia as qualifications, or
(ii) membership or
fellowship of the Royal College or Royal Australasian College of Physicians or
fellowship of the Royal College or Royal Australasian College of Surgeons or
membership or fellowship of the Royal College of Obstetricians and
Gynaecologists, or
(iii) such other post-graduate qualifications obtained by
examination and recognised by the Medical Board of Australia and acceptable to
the employer, including fellowship of the Royal Australian College of General
Practitioners.
"Intern" means a medical officer serving in a
hospital prior to obtaining full registration with the Medical Board of
Australia pursuant to the Health Practitioner Regulation National Law Act.
"Registrar" means a medical officer who:
(i) has
had at least three years' experience in public hospital service as defined
under this Award or any lesser period acceptable to the Ministry of Health, and
(ii) is appointed as a registrar by a hospital, and
(iii) is occupying a position of registrar in an established
position as approved by the employer.
"Resident" means a medical officer who has
obtained full registration.
"Secretary" means the Secretary of the Ministry of
Health.
"Senior Registrar" means a registrar holding higher
medical qualifications and occupying a position of senior registrar in an
established position as approved by the employer.
"Service" for the purpose of clause 2, Salaries,
means service before and/or after the commencement of this Award in one or more
hospitals or in other institutions approved from time to time by agreement
between the parties of this Award. It
shall include service as a medical officer in the Australian Armed Forces and
service, whether continuous or not, in other hospitals within the Commonwealth
of Australia.
"Union" means the Health Services Union NSW and
the Australian Salaried Medical Officers' Federation (New South Wales).
"Weekly Rates" will be ascertained by dividing an
annual amount by 52.17857 or a weekly rate can be multiplied by 52.17857 to
obtain the annual amount.
2. Salaries
Salaries for Medical Officers shall be as set out in the
Health Professional and Medical Salaries (State) Award.
3. Payment of Salaries
(i) All
salaries and other payments shall be paid fortnightly.
(i) Employees
shall have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee, except where
agreement as to another method of payment has been reached between the Union
and the employer due to the isolation of the work location.
(ii) Salaries shall
be deposited by the employer in sufficient time to ensure that wages are
available for withdrawal by employees no later than pay day, provided that this
requirement shall not apply where employees nominate accounts with non-bank
financial institutions which lack the technological or other facilities to
process salary deposits within 24 hours of the employer making deposits with
such financial institutions, but in such cases the employer shall take all
reasonable steps to ensure that the wages of such employees are available for
withdrawal by no later than pay day.
(iii) Penalty rates
and overtime worked during the second week of the pay fortnight may be paid to
employees in the next pay period by the employer.
(iv) Subject
to adequate notice in writing on each occasion, employees who are
rostered off on pay day shall be entitled to have their salary deposited before
proceeding on their day or days off.
(v) Underpayment and
overpayment of salaries - the following process will apply once the issue of
underpayment or overpayment is substantiated.
(a) Underpayment
(1) If the amount
underpaid is equal to or greater than one day’s gross base pay the underpayment
will be rectified within three working days;
(2) If the amount
underpaid is less than one day’s gross base pay it will be rectified by no
later than the next normal pay. However, if the employee can demonstrate that
rectification in this manner would result in undue hardship, every effort will
be made by the employer to rectify the underpayment within three working days.
(b) Overpayment
(1) In all cases
where overpayments have occurred, the employer shall as soon as possible advise
the employee concerned of both the circumstances surrounding the overpayment
and the amount involved. The employer
will also advise the employee of the pay period from which the recovery of the
overpayment is to commence.
(2) One off
overpayments will be recovered in the next normal pay, except that where the
employee can demonstrate that undue hardship would result, the recover rate shall be at 10% of an employee’s gross
fortnightly base pay.
(3) Unless the
employee agrees otherwise, the maximum rate at which cumulative overpayments
can be recovered is an amount, calculated on a per fortnight basis, equivalent
to 10% of the employee’s gross fortnightly base pay.
(4) The recovery
rate of 10% of an employee’s gross fortnightly base pay referred to in
subclause (b)(3) above may be reduced by agreement, where the employee can
demonstrate that undue hardship would result.
(5) Where an
employee’s remaining period of service does not permit the full recovery of any
overpayment to be achieved on the fortnightly basis prescribed in subclause (b)(3) above, the employer shall have the right to deduct any
balance of such overpayment from monies owing to the employee on the employee’s
date of termination, resignation or retirement, as the case may be.
4. Qualification
Allowance
An allowance detailed in the Medical Officers section of the
Health Professional and Medical Salaries Award shall be paid to officers who
obtain an appropriate higher medical qualification subject to graduation.
Provided that this clause shall not apply to an officer who is
appointed as a Senior Registrar, the salary rate prescribed in clause 2,
Salaries, of this Award for such position having taken into account that a
higher medical qualification is a prerequisite for appointment.
Provided further that, where an officer in
his/her fifth and subsequent years of training is expected to meet the formal
requirements of a higher medical qualification in that year, he shall be paid
half the qualification allowance.
5. In-Charge
Allowance
An allowance as set out in Item 1 of Table 1, Allowances,
shall be paid to medical officers for each twelve hours, or part thereof, of
continuous in-charge duty for responsibility for after-hours medical services.
6. Hours of Work
(i) The
ordinary hours of work shall not exceed an average of 38 hours per week. This shall be achieved by rostering officers
for duty over either forty hours in any period of seven consecutive days or
eighty hours in any period of fourteen consecutive days and, in addition, then
granting officers roster leave additional to that prescribed in subclause (ii)
of this clause to the extent of one additional day per calendar month. Such
additional roster leave may accumulate to a maximum of three days and shall be
granted in multiples of one day. Upon
termination of employment an officer shall be paid the monetary value of any
untaken additional roster leave, calculated at the officer's ordinary time rate
of pay as prescribed by clause 2, Salaries, of this Award.
(ii) Officers shall
be free from ordinary hours of duty for not less than two days in each week or,
where this is not practicable, four days in each fortnight. Where practicable, days off shall be
consecutive and where possible additional rostered days off shall be combined
with other rostered time off.
(iii) No shift shall
be less than four hours in length.
(iv) No
broken or split shifts shall be worked.
(v) All time worked
in excess of ten hours in any one shift shall be paid as overtime.
(vi) Where in any pay
period, an officer is not employed by a hospital for the whole of the pay
period, the ordinary hours of work for the purpose of calculating salary for
that pay period (i.e., 38 or 76 hours) will be adjusted by the following
factor, rounded to the nearest whole number:
Number of calendar
days employed
|
Number of calendar
days in pay period
|
(vi) Officers shall
be given at least two weeks' notice of rosters to be worked in relation to ordinary
hours of work and also, where practicable, in relation to additional (overtime)
rostered hours of work, provided that the employer may change the rosters
without notice to meet any emergent situation.
This clause shall not apply in respect of the granting by the employer
of additional roster leave pursuant to this clause.
7. Part-Time Employees
(i) Medical
officers engaged on a part-time basis as at 1 June 1993 under the provisions of
Agreement No 1 of 1975 made in accordance with section 40BA of the Public Hospitals Act 1929, were able to
elect to be employed as part-time employees under the provisions of this
clause. Part-time employees who did not make such an election
continue to be subject to the provisions of Agreement No. 1 of 1975 (see Ministry
of Health Policy Directive PD2005_474) in lieu of the provisions of this
clause.
(ii) A part-time
medical officer is one who is appointed by the employer to work a specified
number of hours which are less than those prescribed for the same classification
employed on a full-time basis under this Award.
(iii) A part-time
medical officer shall be entitled to all other benefits of this Award not
expressly provided for herein in the same proportion as their ordinary hours of
work bear to full-time hours.
(iv) A
part-time medical officer shall be paid an hourly rate calculated on the basis
of one thirty-eighth of the appropriate rate prescribed for the same
classification employed on a full-time basis under clause 2, Salaries of this
Award with a minimum payment for two hours for each start.
(v) A part-time
medical officer shall not be entitled to an additional day off or part thereof
as prescribed in subclause (ii) of clause 6, Hours of Work of this Award.
(vi) Annual
Leave
A part-time medical officer shall be granted on
completion of each 12 months service four weeks annual leave on ordinary pay.
(vii) Overtime
(a) Overtime shall
be paid for at the rate of time and one half for the first two hours and double
time for the remaining hours worked provided that all overtime performed on
Sundays shall be paid for at the rate of double time.
(b) Overtime will
be paid to part-time medical officers as follows:
(1) All time worked
in excess of the ordinary hours as prescribed in clause 6 Hours of Work of this
Award; or
(2) All time worked
in excess of ten hours in any one shift.
(viii) Public Holidays
(a) For the
purposes of this clause, public holidays are as set out in subclause (iv) of clause 15, Public Holidays of this Award.
(b) A public
holiday occurring on a part-time medical officer’s ordinary working day shall
be allowed to employee’s without loss of pay.
(c) Where a
part-time medical officer is required to and does work on a public holiday, the
medical officer shall have their ordinary rostered hours on that day added to
the period of their annual leave for each public holiday so worked unless time
off in respect of time worked on any such public holiday has already been
granted to the medical officer.
(d) Hours worked on
public holidays shall be paid at the rate of time and one half.
8. Penalty Rates
Any ordinary hours worked between the following hours shall
be paid at ordinary time plus the appropriate penalty rate.
(i) Hours
worked between 6.00 p.m. and midnight, Monday to Friday - 12.5 per cent.
(ii) Midnight and
7.00 a.m., midnight Sunday to midnight Friday - 25 per cent.
(iii) Midnight Friday
and midnight Saturday - 50 per cent.
(iv) Midnight
Saturday and midnight Sunday - 75 per cent.
9. Time Worked
Time worked means the time during which an officer is
required by the employer to be in attendance at a hospital for the purpose of
carrying out such functions as the employer may call on him to perform, and it
shall include times when the officer, in waiting to carry out some active
function, is studying or resting or sleeping or engaged in any other activity.
Provided that time worked does not include breaks allowed
and actually taken for meals.
Provided further that where an officer attends of his/her
own volition outside of hours rostered on duty, or where an officer remains in
attendance when formally released from the obligation to perform professional
duties, the employer shall not be liable to make any payment for such
attendance.
10. Meal Breaks
The principles to be applied by the employer in relation to
meal breaks for Resident Medical Officers are outlined in Ministry of Health
Circular No. 88/251.
Day Shifts - Monday to Friday
(i) In
the interests of patient care and the health and welfare of medical staff,
officers must have a break from duty for the purpose of taking a meal.
(ii) There shall be
a uniform meal break of 30 minutes except where locally agreed arrangements for
a longer period are made (which shall not exceed one hour).
(iii) If officers are required to work during
their meal break they shall be paid for the time worked.
(iv) Medical
Administrators are to establish simple and effective procedures in consultation
with officers to record when staff are required to work through their meal
break and to ensure that payment is made.
Shifts Other than Day Shifts - Monday
to Friday.
The arrangements outlined in Circular No. 83/250 of 19
August, 1983 in relation to meal breaks during shifts other than Day Shifts, Monday
to Friday, will continue to apply.
11. Overtime
(i) All
time worked by officers in excess of the ordinary hours specified in clause 6,
Hours of Work, of this Award, shall be paid at the rate of time and one-half
for the first two hours, and double time thereafter provided that all overtime
performed on a Sunday, shall be at double time.
(ii) An officer who
works authorised overtime and was not notified on or prior to his/her previous
shift of the requirement to work such overtime shall be paid in addition to
payment for such overtime:
(a) as set out in Item 2 of Table 1, Allowances and Other Rates,
for breakfast when commencing such overtime work at or before 6.00 a.m.;
(b) as set out in
Item 2 of Table 1, Allowances and Other Rates, for an evening meal when such
overtime is worked for at least one hour immediately following his/her normal
ceasing time, exclusive of any meal break and extends beyond or is worked
wholly after 7.00 p.m.;
(c) as set out in
Item 2 of Table 1, Allowances and Other Rates, for luncheon when such overtime
extends beyond 2.00 p.m. on Saturdays, Sundays or holidays;
or shall be provided with
adequate meals in lieu of such payments.
The rates prescribed in this subclause shall be varied
in accordance with any variations in the rates payable under Crown Employees
(Public Service Conditions of Employment) Award.
12. On
Call and Call Back
(i) An
"on call period" is a period during which an officer is required by
the employer to be on call.
(ii) For the
purposes of calculation of payment of on-call allowances and for call-back
duty, an on-call period shall not exceed 24 hours.
(iii) An officer
shall be paid for each on-call period which coincides with a day rostered on
duty an allowance as set out in Item 3 of Table 1, Allowances, and for each
on-call period coinciding with a rostered day off an allowance as set in the
said Item 3 with a maximum payment as set out in the said Item 3 per week.
(iv) Subject to
subclauses (v) - (ix) below, officers who are recalled for duty, whether
notified before or after leaving the employer’s premises, shall be paid for all
time worked at the appropriate overtime rate, with a minimum of four hours at
such rates.
(v) Officers may be
required to perform other work that arises during the recall period. Officers
shall not be required to work the full four hour minimum payment period if they
complete the work they were recalled to perform and any additional work they
are required to undertake, within a shorter period.
(vi) The
employer must have processes in place for the formal release of officers from
recall duty.
(vii) Officers who are
not formally released and who are recalled again during the four hour minimum
payment period are not entitled to any additional payment until the expiration
of the four hour period.
(viii) Officers who are
advised they will not be required to perform any additional work and are
formally released and who are subsequently recalled again during the four hour
minimum payment period, shall be entitled to another four hour minimum payment.
(ix) Officers
required to work overtime after leaving the employer’s premises to provide a
technology support resolution or clinical appraisal remotely without onsite
presence, shall be paid for such work at the appropriate overtime rate, with a
minimum payment of one hour at such rates.
(x) The amounts
specified in subclause (iii) shall be taken to include expenses incurred in
taking telephone calls at one's own residence and other expenses incurred in
being available for emergency duty.
(xi) For the purposes
of subclause (ix) "clinical appraisal remotely" means as provided in
either (a) or (b) below:
(a) assessing (by an on-call resident medical officer or
registrar) a patient's physical condition to make a diagnosis or a differential
diagnosis away from a hospital that incorporates all of the following:
1. The taking of
a telephone call or calls, or receiving an email or emails, from a medical
practitioner on duty in a hospital about a patient.
2. Receiving the
history of the patient so that the patient's current medical condition and any
relevant past medical history including previous surgery and use of
medications, if known, is provided.
3. Discussing
with the medical practitioner on duty the patient's current medical condition
and asking questions in respect of the condition as necessary such that the
information provided enables an evaluation of the patient's physical condition.
4. Directing
further examination to be conducted as clinically required, and obtaining other
clinical information or opinion from other medical practitioners as necessary.
5. Identifying
the likely cause of the patient's condition and providing a diagnosis and a
prognosis based on the information provided from undertaking 1 to 4 above.
6. Ensuring that
there is a sufficient clinical justification for the proposed treatment
including, if relevant, admission to hospital.
7. Instructing the
medical practitioner on duty in a hospital what course of treatment should be
followed including ensuring the proposed treatment is not contraindicated,
being satisfied that such treatment is able to be determined, and can be
properly implemented, without requiring the return of the on-call resident
medical officer or registrar. This would include developing or confirming a
management plan, or varying an existing management plan with the endorsement of
the staff specialist or VMO responsible for the care of the patient.
8. Directing
follow-up requirements and subsequently reviewing the patient, if appropriate,
based on those requirements.
9. Complying with
Relevant NSW Health and Local Policies, Procedures and Directions.
(b) the provision of a report by an on call registrar on images
forwarded electronically in circumstances where:
1. had the communications technology involved not been utilised
the registrar would have had to have returned to the workplace to provide that
report; and
2. there has been prior approval at the facility level to the
use, and the conditions of use, of such technology by the registrar.
(xii) A clinical
appraisal provided remotely pursuant to subclause (xi) (a) above shall attract
a minimum payment of one hour at the appropriate overtime rate only in
circumstances where, if it had not been provided remotely, the on-call resident
medical officer or registrar would have otherwise needed to have returned to
the workplace. Any additional requirement to provide further clinical appraisal
falling within the hour from which the initial clinical appraisal commenced
shall not attract an additional payment. Any time worked beyond the expiration
of one hour shall be paid at overtime rates. Time where work is not being
performed will not be counted as time for the purposes of overtime payment.
13. Higher Duties
Allowance
An employee who is called upon to relieve an employee in a
higher classification continuously for five working days or more and who
satisfactorily performs the whole of the duties and assumes the whole of the
responsibilities of the higher classification, shall
be entitled to receive, for the period of relief, the minimum pay of such
higher classification.
14. Annual Leave
(i) All
officers shall be allowed four calendar weeks leave of absence on full pay in
respect of each twelve months' service plus one day on full pay in respect of
each public holiday occurring within the period of such leave.
(ii) Officers who
are required to work on Sundays and/or public holidays during a qualifying
period of employment for annual leave purposes shall be entitled to receive
additional annual leave in respect of each complete period of eight hours so
worked as follows:
(a) if 35 or more such periods on such days have been worked -
one week;
(b) if less than 35 such periods on such days have been worked -
leave proportionately calculated on the basis of 38 hours leave for 35 such
periods worked;
(c) work performed by reason of call backs pursuant to clause
12, On Call and Call Back, of this Award shall be disregarded when assessing an
officer's entitlement under the subclause.
(d) The
calculations referred to in paragraphs (a) and (b) of this subclause shall be
made to the nearest one-fifth of the ordinary hours worked, half or more than
half of one-fifth being regarded as one-fifth and less than half being
disregarded.
(e) An officer with
accrued additional annual leave pursuant to this subclause can elect at any time
to be paid an amount equivalent to the value of accrued additional annual leave
in lieu of taking additional leave, provided that the amount is a minimum of
one weeks’ accrued additional leave and that the salary for the period of
additional leave paid out will be calculated as if the period of leave was
actually taken.
(iii) Annual leave
shall be given and shall be taken in one consecutive period, or, if the officer
and the employer so agree, in either two or three separate periods, but not
otherwise.
(iv) Annual leave
shall be given and shall be taken within a period of six months after the date
when the right to annual leave accrued; provided that the giving and taking of
the whole or any separate period of such annual leave may, by mutual agreement
between the employer and the officer, be postponed for a further period not
exceeding six months.
(v) If the officer
and the employer so agree, the annual leave or any such separate periods, may
be taken wholly or partly in advance before the officer has become entitled to
that leave, but where leave is taken in such circumstances a further period of
annual leave shall not commence to accrue until the expiration of the twelve
months in respect of which the annual leave or part thereof has been so taken.
(vi) Except
as provided by this clause, payment shall not be made by the employer to an
officer in lieu of any annual leave or part thereof nor shall any such payment
be accepted by the officer.
(vii) The employer
shall give the officer at least two months' notice of the date from which his
or her annual leave is to be taken.
(viii) The employer
shall pay each officer before entering upon annual leave
his or her ordinary rate of salary for the period of leave. For the purposes of this subclause
"ordinary rate of salary" means the Award rate of salary and
qualification allowance if applicable.
(ix) Where the
employment of an officer is terminated, the officer shall be entitled to
receive proportionate payment for each completed month of service together with
such additional annual leave entitlements due under subclause (ii). All payments are to be made at the rate of
salary to which such officer is entitled under this Award.
(x) Where the
annual leave under this clause or any part thereof has been taken in advance by
an officer pursuant to subclause (v), of this clause; and
(a) the employment
of the officer is terminated before he/she has completed the year of employment
in respect of which such annual leave or part was taken; and
(b) the sum paid by
the employer to the officer as ordinary pay for the annual leave or part so
taken in advance exceeds the sum which the employer is required to pay to the
officer under subclause (ix) of this clause;
(c) the employer shall not be liable to make any payment to the
officer under the said subclause (ix) and shall be entitled to deduct the
amount of such excess from any remuneration payable to the officer upon the
termination of the employment.
NOTATION: The conditions under when the annual leave
loading shall be paid to officers are the same as generally applied through
circulars issued by the Ministry of Health.
15. Public Holidays
(i) Public
holidays shall be allowed to officers on full pay.
(ii) Where an officer
is required to, and does work on any of the public holidays set out in this
clause, the officer shall be paid for the hours worked at the rate of time and
one-half. In addition, the officer shall have one day added to annual leave for
each public holiday so worked unless time off in respect of time worked on such
public holiday has been granted.
(iii) Where a public
holiday falls on a rostered day off, the officer shall have one day added to
annual leave.
(iv) Provided that an
employee who has accrued additional annual leave referred to in subclauses (ii)
and (iii) of this clause can elect at any time to be paid an amount equivalent
to the value of the accrued additional annual leave in lieu of taking
additional leave, provided that the amount is a minimum of one weeks’ accrued
additional leave and that the salary for the period of additional leave paid
out will be calculated as if the period of leave as actually taken.
(v) For the purpose
of this clause the following shall be deemed to be public holidays: New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day, or in lieu of any
such day any holiday proclaimed in lieu thereof, together with any other day duly
proclaimed as a special day and observed as a public holiday within the area in
which the hospital is situated.
16. Sick Leave
(i) An
officer shall be allowed sick leave on full pay calculated by allowing 76
"ordinary" hours per year for each year of continuous service less
any sick leave on full pay already taken, subject to the following conditions:
(a) the employer may require the sickness to be certified to by
the medical superintendent or by a legally qualified medical practitioner
approved by the employer, or may require other satisfactory evidence thereof;
(b) an officer shall not be entitled to sick leave until the
expiration of three months' continuous service;
(c) each officer shall take all reasonably practicable steps to
inform the employer of his or her inability to attend for duty and as far as
possible state the estimated duration of the absence. Where practicable such notice shall be given
within twenty-four hours of the commencement of such absence;
(d) an officer
shall not be entitled to sick leave on full pay for any period in respect of
which such officer is entitled to accident pay or workers' compensation;
provided, however, that where an officer is not in receipt of accident pay an
employer shall pay to an officer who has sick leave entitlements under this
clause, the difference between the amount received as workers' compensation and
full pay. The officer's sick leave
entitlements under this clause shall, for each week during which such difference
is paid, be reduced by that proportion of hours which the difference paid bears
to full pay. On the expiration of
available sick leave, weekly compensation payments only shall be payable;
(e) an officer is not eligible for sick leave during periods
when he would have normally been rostered on overtime shifts;
(f) an officer is not entitled to more than 8 hours' sick leave
in respect of any one day.
(ii) Continuous
service for the purpose of this clause shall be calculated in the same manner
as provided for in paragraph (a) of subclause (ii) of clause 19, Long Service
Leave, of this Award.
(iii) Full pay for
the purpose of this clause shall include the uniform allowance where payable,
under clause 21, Uniform and Laundry Allowance, of this Award.
(iv) The
employer shall not terminate the services of an officer except on the grounds
of misconduct during the currency of any periods of paid sick leave.
(v) Sick leave as
defined, shall accrue and be transferable between hospitals, at the rate of 76
hours per year of continuous service, minus hours taken.
17. Maternity,
Adoption and Parental Leave
A. Maternity Leave
(i) Eligibility
for Paid Maternity Leave
To be eligible for paid maternity leave a full-time or
permanent part-time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth.
An employee who has once met the conditions for paid
maternity leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid maternity leave,
unless-
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after her services have been
otherwise dispensed with: or
(b) the employee has completed a period of leave without pay of
more than 40 weeks. In this context,
leave without pay does not include sick leave without pay, maternity leave
without pay, or leave without pay associated with an illness or injury
compensable under the Workers' Compensation Act.
(ii) Portability of
Service for Paid Maternity Leave
Portability of service for paid maternity leave
involves the recognition of service in government sector agencies for the
purpose of determining an employee's eligibility to receive paid maternity
leave. For example, where an employee
moves between a public service department and a public hospital, previous
continuous service will be counted towards the service prerequisite for paid maternity
leave.
When determining an employee's eligibility for paid
maternity leave, continuous service with an organisation that is part of the
government sector as defined in the Government
Sector Employment Act 2013 will be recognised, provided that:
(a) service was on a full-time or permanent part-time basis:
(b) cessation of service with the former employer was not by
reason of dismissal on any ground, except retrenchment or reduction of work;
(c) the employee immediately commences duty with the new
employer. There may be a break in
service of up to two months before commencing duty with the new employer. However, such a break in service will not be
counted as service for the purpose of calculating any prior service prerequisite
for paid maternity leave.
(iii) Entitlement to
Paid Maternity Leave
An eligible employee is entitled to fourteen weeks at
the ordinary rate of pay from the date maternity leave commences. This leave may commence up to fourteen weeks
prior to the expected date of birth.
It is not compulsory for an employee to take this
period off work. However, if an employee decides to work during the nine weeks
prior to the date of birth it is subject to the employee being able to
satisfactorily perform the full range of normal duties.
Paid maternity leave may be paid:
on a normal fortnightly basis;
or
in advance in a lump sum; or
at the rate of half pay over a
period of twenty-eight weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Unpaid
Maternity Leave
(a) Full-time and
permanent part-time employees who are entitled to paid
maternity leave are entitled to a further period of unpaid maternity leave of
not more than 12 months after the actual date of birth.
(b) Full-time and
permanent part-time employees who are not eligible for paid maternity leave are
entitled to unpaid maternity leave of not more than 12 months.
(v) Applications
An employee who intends to proceed on maternity leave
should formally notify her employer of such intention as early as possible, so
that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must include a medical
certificate stating the expected date of birth and should also indicate the
period of leave desired.
(vi) Variation
after Commencement of Leave
After commencing maternity leave, an employee may vary
the period of her maternity leave once only without the consent of her employer
by giving the employer notice in writing of the extended period at least
fourteen days’ before the start of the extended period. An employer may accept
less notice if convenient.
An employee may extend the period of maternity leave at
any time with the agreement of the employer.
The conditions relating to variation of maternity leave
are derived from Section 64 of the Industrial
Relations Act 1996.
(vii) Staffing
Provisions
In accordance with obligations established by the Industrial Relations Act 1996 (Section
69) any person who occupies the position of an employee on maternity leave must
be informed that the employee has the right to return to her former position.
Additionally, since an employee has the right to vary the period of her
maternity leave, offers of temporary employment should be in writing, stating
clearly the temporary nature of the contract of employment. The duration of employment should be also set
down clearly; to a fixed date or until the employee elects to return to duty,
whichever occurs first.
(viii) Effect of
Maternity Leave on Accrual of Leave, Increments etc.
When the employee has resumed duties, any period of
full pay leave is counted in full for the accrual of annual leave, sick leave
and long service leave and any period of maternity leave on half pay is taken
into account to the extent of one half thereof when determining the accrual of
annual leave, sick leave and long service leave.
Except in the case of employees who
have completed ten years' service the period of maternity leave without pay
does not count as service for long service leave purposes. Where the employee has completed ten years'
service the period of maternity leave without pay shall count as service
provided such leave does not exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of
maternity leave at full pay and at half pay are to be regarded as service for
incremental progression on a pro-rata basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received i.e.,
public holidays occurring in a period of full pay maternity leave are paid at
full rate and those occurring during a period of half pay leave are paid at
half rate.
(ix) Illness
Associated with Pregnancy
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then she can elect to use any
available paid leave (sick, annual and/or long service leave) or to take sick
leave without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave ceases nine weeks prior to the
expected date of birth. The employee
then commences maternity leave with the normal provisions applying.
(x) Transfer to a
More Suitable Position
Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to satisfactorily perform. This obligation arises
from Section 70 of the Industrial
Relations Act 1996. A position to which an employee is transferred under
these circumstances must be as close as possible in status and salary to her
substantive position.
(xi) Miscarriages
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions
(xii) Stillbirth
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave, subject to production of a medical certificate, or maternity leave. She
may resume duty at any time provided she produces a doctor's certificate as to
her fitness.
(xiii) Effect of
Premature Birth on Payment of Maternity Leave
An employee who gives birth prematurely and prior to
proceeding on maternity leave shall be treated as being on maternity leave from
the date leave is commenced to have the child.
Should an employee return to duty during the period of paid maternity
leave, such paid leave ceases from the date duties are resumed.
(xiv) Right to Return
to Previous Position
In accordance with the obligations set out in Section
66 of the Industrial Relations Act
1996, an employee returning from maternity leave has the right to resume her
former position.
Where this position no longer exists the employee is
entitled to be placed in a position nearest in status and salary to that of her
former position and to which the employee is capable or qualified.
(xv) Further Pregnancy
While on Maternity Leave
Where an employee becomes pregnant
whilst on maternity leave a further period of maternity leave shall be granted.
If an employee enters on the second period of maternity leave during the
currency of the initial period of maternity leave, then any residual maternity
leave from the initial entitlement ceases.
An employee who commences a subsequent period of
maternity leave while on unpaid maternity leave under subclause (iv)(a) of Part
A of this clause or subclause (i)(b) of Part D of
this clause is entitled to be paid at their normal rate (i.e. the rate at which
they were paid before proceeding on maternity leave).
An employee who commences a subsequent period of
maternity leave during the first 12 months of a return to duty on a part-time
basis as provided under subclause (i)(c) of Part D of
this clause is entitled to be paid at their substantive full-time rate for the
subsequent period of maternity leave.
An employee who commences a subsequent period of
maternity leave more than 12 months after returning to duty on a part-time
basis under subclause (i)(c) of Part D of this
clause, will be entitled to paid maternity leave for the subsequent period of
maternity leave at their part-time rate.
B. Adoption Leave
(i) Eligibility
All full-time and permanent part-time employees who are
adopting a child and are to be the primary care giver of the child are eligible
for unpaid adoption leave.
To be eligible for paid adoption leave a full-time or
permanent part-time employee must also have completed at least 40 weeks
continuous service prior to the date of taking custody of the child.
An employee who has once met the conditions of paid
adoption leave, will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been
otherwise dispensed with; or
(b) the employee has completed a period of leave without pay of
more than 40 weeks. In this context,
leave without pay does not include sick leave without pay, maternity leave
without pay, or leave without pay associated with an illness or injury
compensable under the Worker's Compensation Act.
(ii) Portability of
Service for Paid Adoption Leave
As per maternity leave conditions.
(iii) Entitlement
(a) Paid Adoption
Leave
Eligible employees are entitled to paid adoption leave of
fourteen weeks at the ordinary rate of pay from and including the date of
taking custody of the child.
Paid adoption leave may be paid:
on a normal fortnightly basis;
or
in advance in a lump sum; or
at the rate of half pay over a
period of twenty-eight weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid Adoption
Leave
Eligible employees are entitled to unpaid adoption
leave as follows:
where the child is under the
age of 12 months - a period of not more than 12 months from the date of taking
custody;
where the child is over the
age of 12 months and under 18 years old - a period of up to 12 months, such
period to be agreed upon by both the employee and the employer.
(iv) Applications
Due to the fact that an employee may be given little
notice of the date of taking custody of a child, employees who believe that, in
the reasonably near future, they will take custody of a child, should formally
notify the employer as early as practicable of the intention to take adoption
leave. This will allow arrangements
associated with the adoption leave to be made.
(v) Variation after
Commencement of Leave
After commencing adoption leave, an employee may vary
the period of leave, once without the consent of the employer and otherwise
with the consent of the employer. A minimum of fourteen days’ notice must be
given, although an employer may accept less notice if convenient.
(vi) Staffing
Provisions
As per maternity leave conditions.
(vii) Effect of
Adoption Leave on Accrual of Leave, Increments, etc.
As per maternity leave conditions.
(viii) Right to return
to Previous Position
As per maternity leave conditions.
C. Parental Leave
(i) Eligibility
To be eligible for parental leave a full-time or
permanent part-time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth or to the date of taking custody of
the child.
An employee who has once met the conditions for paid
parental leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid parental leave,
unless-
(a) there has been a break in service where the employee has
been re-employed or re-appointed after a resignation, medical retirement, or
after their services have been otherwise dispensed with: or
(b) the employee has completed a period of leave without pay of
more than 40 weeks. In this context,
leave without pay does not include sick leave without pay, maternity leave
without pay, or leave without pay associated with an illness or injury
compensable under the Workers'
Compensation Act 1987.
(ii) Portability of
Service for Paid Parental Leave
As per maternity leave conditions.
(iii) Entitlements
Eligible employees whose spouse or
partner (including a same sex partner) is pregnant or is taking custody
of a child, are entitled to a period of leave not exceeding 52 weeks, which
includes one week of paid leave, and may be taken as follows:
(a) an unbroken
period of up to one week at the time of the birth of the child, taking custody
of the child or other termination of the pregnancy (short parental leave), and
(b) a further unbroken period in order to be the primary
caregiver of the child (extended parental leave).
(c) The entitlement
of one week’s paid leave may be taken at anytime
within the 52 week period and shall be paid:
at the employees ordinary rate
of pay for a period not exceeding one week on full pay, or
- two weeks at half pay or the period of parental leave
taken, whichever is the lesser period.
(d) Extended
parental leave cannot be taken at the same time as the employee’s spouse or
partner is on maternity or adoption leave except as provided for in subclause (i)(a) of Part D Right to Request
of this clause.
Annual and/or long service leave credits can be
combined with periods of parental leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Applications
An employee who intends to proceed on parental leave
should formally notify their employer of such intention as early as possible,
so that arrangements associated with their absence can be made.
(a) In the case of
extended parental leave, the employee should give written notice of the
intention to take the leave.
(b) The employee
must, at least four weeks before proceeding on leave, give written notice of the
dates on which they propose to start and end the period of leave, although it
is recognised in situations of taking custody of a child, little or no notice
may be provided to the employee. In such an instance, the employee should
notify the employer as early as practicable.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(d) In the case of
extended parental leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(1) if applicable, the period of any maternity leave sought or
taken by his spouse, and
(2) that they are seeking the period of extended parental leave
to become the primary care giver of the child.
(v) Variation after
Commencement of Leave -
After commencing parental leave, an employee may vary
the period of her/his parental leave, once without the consent of the employer
and otherwise with the consent of the employer. A minimum of fourteen days’
notice must be given, although an employer may accept less notice if
convenient.
(vi) Effect
of Parental Leave on Accrual of Leave, Increments etc.
As per maternity leave conditions.
(vii) Right to Return
to Previous Position
As per maternity leave conditions.
D. Right to
Request
(i) An
employee entitled to maternity, adoption or parental leave may request the employer
to allow the employee:
(a) to extend the period of simultaneous maternity, adoption or
parental leave use up to a maximum of eight weeks;
(b) to extend the
period of unpaid maternity, adoption or extended parental leave for a further continuous
period of leave not exceeding 12 months;
(c) to return from a period of maternity, adoption or parental
leave on a part-time basis until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(ii) 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.
(iii) The employee’s
request and the employer’s decision made under subclauses (i)(b) and (c) must be recorded in writing.
(iv) Where an
employee wishes to make a request under subclause (i)(c):
(a) the employee is to make an application for leave without pay
to reduce their full-time weekly hours of work
(b) such application must be made as early as possible to enable
the employer to make suitable staffing arrangements. At least four weeks notice
must be given;
(c) salary and other conditions of employment are to be adjusted
on a basis proportionate to the employee’s full-time hours of work i.e. for
long service leave the period of service is to be converted to the full-time
equivalent and credited accordingly.
(d) employees who return from leave under this arrangement
remain full-time employees. Therefore the payment of any part-time allowance to
such employees does not arise.
E. Communication During Leave
(i) Where
an employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the employer
shall take reasonable steps to:
(a) 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 the leave; and
(b) 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 the leave.
(ii) 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 the 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.
(iii) 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 subclause (i).
NOTE:
(a) The entitlement
to maternity, adoption and parental leave for part-time employees who receive
an adjusted hourly rate, along with casual employees, are in accordance with
the provisions of Part 4, Parental Leave of the Industrial Relations Act 1996 and/or Ministry Determination.
(b) Where a casual
employee is entitled to parental leave under the Industrial Relations Act 1996, the following provisions shall also
apply in addition to those set out in the Act.
An employer must not fail to re-engage a casual
employee because:
the employee or employee’s
spouse is pregnant; or
the employee is or has been
immediately absent on parental leave.
The rights of the employer in relation to engagement
and re-engagement of casual employees are not affected, other than in
accordance with this clause.
(c) Part-time
employees who receive an adjusted hourly rate are also entitled to the
provisions of Part D, Right to Request and Part E, Communication During Leave, of this clause.
(d) Liability for
Superannuation Contributions
During a period of unpaid maternity, adoption or
parental leave, the employee will not be required to meet the employer's
superannuation liability.
17A.
Lactation Breaks
(i) This
clause applies to employees who are lactating mothers. A lactation break is
provided for breastfeeding, expressing milk or other activity necessary to the
act of breastfeeding or expressing milk and is in addition to any other rest
period and meal break as provided for in this Award.
(ii) A full-time
employee or a part-time employee working more than four hours per day is entitled
to a maximum of two paid lactation breaks of up to 30 minutes each per day or
per shift.
(iii) A part-time
employee working four hours or less on any day or shift is entitled to only one
paid lactation break of up to 30 minutes each per day or per shift worked.
(iv) A
flexible approach to lactation breaks can be taken by mutual agreement between
an employee and their manager provided the total lactation break time
entitlement is not exceeded. When giving consideration to any such requests for
flexibility, a manager needs to balance the operational requirements of the
organisation with the lactating needs of the employee.
(v) The employer
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk. Other suitable facilities,
such as refrigeration and a sink, shall be provided where practicable. Where it
is not practicable to provide these facilities, discussions between the manager
and the employee will take place to attempt to identify reasonable alternative
arrangements for the employee’s lactation needs.
(vi) Employees
experiencing difficulties in effecting the transition from home based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
(vii) Employees
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave or other leave in accordance with the Award.
18. Family and
Community Services Leave and Personal/Carers’ Leave
(i) Family
and Community Services (FACS) Leave and Personal/Carer’s Leave are separate, and alone entitlements.
(ii) The provisions
outlined in Parts A and B of this clause are available to all employees covered
by this Award, other than casual employees as defined in subclause (iii) below.
(iii) Casual
employees as defined in the Health Industry Status of Employment (State) Award
are entitled to the provisions outlined in Part C of this clause.
A. FACS Leave
(i) FACS
Leave - General
(a) For the purpose
of this clause relating to FACS leave:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
"household" means a
family group living in the same domestic dwelling.
(b) The employer
may grant FACS leave to an employee:
(1) to provide care and/or support for sick members of the
employee’s relatives or household; or
(2) for reasons
related to the family responsibilities of the employee (e.g. to arrange and or
attend a funeral of a relative; to accompany a relative to a medical
appointment where there is an element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(3) for reasons
related to the performance of community service by the employee (e.g. in
matters relating to citizenship; to office holders in local government, other
than as a mayor, for attendance at meetings, conferences or other associated
duties; representing Australia or the State in major amateur sport other than
in Olympic/Commonwealth Games); or
(4) in a case of pressing necessity (e.g. where an employee is
unable to attend work because of adverse weather conditions which either
prevent attendance or threaten life or property; the illness of a relative;
where a child carer is unable to look after their charge).
(ii) FACS leave
replaces compassionate leave.
(iii) An employee is
not to be granted FACS leave for attendance at court to answer a criminal
charge, unless the employer approves the grant of leave in the particular case.
Applications for FACS leave to attend court, for
reasons other than criminal charges, will be assessed on an individual basis.
(iv) FACS Leave -
entitlement
(a) The maximum
amount of FACS leave on full pay that may be granted to an employee is:
(1) 3 working days
during the first year of service, commencing on and from 1 January 1995, and
thereafter 6 working days in any period of 2 years; or
(2) 1 working day,
on a cumulative basis effective from 1 January 1995, for each year of service
after 2 years’ continuous service, minus any period of FACS leave already taken
by the employee since 1 January 1995,
whichever method provides the
greater entitlement.
(b) For the purposes
of calculating entitlements under (vi)(a)(1) and (2) above, a working day for
employees working 38 hours per week shall be deemed to consist of 8 hours, and
a working day for employees working 35 hours per week shall be deemed to
consist of 7 hours. The rate at which FACS leave is paid out and utilised shall
be on actual hours absent from a rostered shift.
Example A: An employee working 38 hours per week will
have an entitlement, in their first year of employment, to 24 hours of FACS
leave. If the employee takes FACS leave for a full 10 hour shift, the employee
would be debited 10 hours of FACS leave.
Example B: An employee working 35 hours per week will
have an entitlement, in their first year of employment, to 21 hours of FACS
leave. If the employee takes FACS leave for a full 7 hour shift, the employee
would be debited 7 hours of FACS leave.
Example C: An employee, employed prior to 1 January
1995, applies for FACS leave on 20 February 1997. The employee is entitled to 6
days in any period of two years.
Therefore, to calculate the employee’s available FACS leave as at 20
February 1997, add all FACS leave taken from 21 February 1995 to 20 February
1997 and deduct that amount from the 6 days entitlement.
(c) FACS leave is
available to part-time employees on a pro rata basis, based on the average
number of hours worked per week. A working day shall consist of one-fifth of
the employee’s average weekly hours during the preceding 12 months or during
the employee’s period of employment, whichever is the lesser period.
Example: An
employee working an average of 30 hours per week will have an entitlement, in
his/her first year of employment, of 18 hours of FACS leave. If the employee takes FACS leave for a full
rostered shift e.g. of 4 hours, the employee would be debited 4 hours of FACS
leave. Likewise, if the employee was rostered for 8 hours and was absent for
the full 8 hours on FACS leave, he/she would be debited 8 hours of FACS leave.
(v) Additional FACS
leave for bereavement purposes
Where FACS leave has been exhausted, additional FACS
leave of up to 2 days for bereavement may be granted on a discrete, "per
occasion" basis to an employee on the death of a relative or member of a
household as defined in subclause (i) (a) of Part A
of this clause.
(vi) Use
of other leave entitlements
The employer may grant an employee other leave
entitlements for reasons related to family responsibilities or community
service, by the employee.
An employee may elect, with the consent of the
employer, to take annual leave; long service leave; or
leave without pay.
B. Personal/Carer’s
Leave
(i) Use
of sick leave to care for the person concerned - definitions
A person who needs the employee’s care and support is
referred to as the "person concerned" and is:
(a) a spouse of the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife 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 de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto 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 the purpose of
this clause relating to Personal/Carer’s Leave:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the other;
and
"household" means a
family group living in the same domestic dwelling.
(ii) Use of sick
leave to care for the person concerned - entitlement
(a) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee being responsible for the care and support of
the person concerned; and
(2) the person concerned being as defined in subclause (i) of Part B of this clause.
(b) Other than a
casual or any other employee who receives a loading in lieu of sick leave, an
employee with responsibilities in relation to a person who needs their care and
support shall be entitled to use the untaken sick leave, from that year’s
annual sick leave entitlement, to provide care and support for such persons
when they are ill.
(c) Sick leave
accumulates from year to year. In
addition to the current year’s grant of sick leave available under (b) above,
sick leave untaken from the previous 3 years may also be accessed by an
employee with responsibilities in relation to a person who needs their care and
support.
(d) The employer
may, in special circumstances, make a grant of additional sick leave. This grant can only be taken from sick leave
untaken prior to the period referred to in subclause (c) above.
(e) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration that the illness of the person concerned is such as to
require care by another person.
(f) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
(g) The employee is
not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration.
(h) The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and 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.
(i) In
normal circumstances, the employee must not take leave under this part where
another person has taken leave to care for the same person.
(iii) Use of other
leave entitlements
An employee may elect, with the consent of the
employer, to take:
(a) annual leave,
including annual leave not exceeding 10 days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties. An employee and employer may agree to defer
payment of the annual leave loading in respect of single day absences, until at
least 5 consecutive annual leave days are taken. An employee may elect with the employer’s
agreement to take annual leave at any time within a period of 24 months from
the date at which it falls due.
(b) long service leave; or
(c) leave without pay for the purpose of providing care and
support to the person concerned as defined in paragraph (i)
of subclause B of this clause.
(iv) Time
off in lieu of payment of overtime
(a) An employee may
elect, with the consent of the employer, to take time off in lieu of payment of
overtime at a time or times agreed with the employer within 12 months of the
said election.
(b) Overtime taken
as time off during ordinary time shall be taken at the ordinary time rate, that
is, one hour off for each hour of overtime worked.
(c) If, having
elected to take time as leave in accordance with (iv)(a) above and the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve 12 month period from the date the overtime
was worked, or earlier by agreement, or on termination.
(d) Where no
election is made in accordance with paragraph (iv)(a)
above, the employee shall be paid overtime rates in accordance with the
provisions of clause 11, Overtime.
(v) Use of make-up
time
(a) An employee may
elect, with the consent of the employer, to work "make-up time".
"Make-up time" is worked when the employee takes time off during
ordinary hours for family or community service responsibilities, and works
those hours at another time, during the spread of ordinary hours provided for
in clause 6 of this Award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off during ordinary hours and
works those hours at another time) at the applicable shift work rate which
would have been applicable to the hours taken off.
C. Entitlements
for Casual Employees
(i) Bereavement
entitlements for casual employees
(a) Casual
employees are entitled to not be available to attend work or to leave work upon
the death in Australia of a relative or member of a household as prescribed in subpargraph (i)(a)
of Part A of this clause.
(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 part. The rights of an employer to engage or
not engage a casual employee are otherwise not affected.
(ii) Personal
Carers entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in subparagraphs (ii)(e)
- (h) of subclause B of this clause 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 paragraph (i) of subclause B of this
clause who are sick and require care and support, or who require care due to an
unexpected emergency, or the birth of a child.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this part. The rights of an employer to engage or not
to engage a casual employee are otherwise not affected.
18A.
Family Violence Leave
(i) For
the purpose of this clause, family violence means domestic violence as defined
in the Crimes (Domestic and Personal
Violence) Act 2007. The violence may have been reported to the police
and/or may be the subject of an Apprehended Violence Order.
(ii) An employee
experiencing family and domestic violence can utilise Award leave entitlements
provided for in Sick Leave and Family and Community Services Leave provisions
of the Award.
(iii) Where leave
entitlements to Sick Leave and Family and Community Services Leave are
exhausted, the employer will grant up to five days per year of paid special
leave to attend legal proceedings, counselling, appointments with a medical or
legal practitioner and relocation and safety activities directly associated
with alleviating the effects of family and domestic violence. This leave
entitlement does not accumulate from year to year.
(iv) Upon
exhaustion of the paid leave entitlement, an employee may request further
periods of unpaid leave, for the same activities for which paid leave would be
available.
(v) To access paid
and unpaid leave, the employee must provide the employer with evidence, to the
employer’s satisfaction, substantiating the purpose of the leave and that the
leave is related to alleviating the effects of family violence. The employer
may accept a variety of agreed documentation in support of an application for
leave. Supporting documentation may be presented in the form of an agreed
document issued by the Police Force, a Court, a doctor, a Family Violence
Support Service or a lawyer.
(vi) Matters
related to family violence can be sensitive. Information collected by the
employer will be kept confidential. No information relating to the details of
the family violence will be kept on an employee’s personnel file without their
express permission. However, records about the use of family violence leave
will need to be kept.
(vii) The employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements. This may include changes to working times and
locations, telephone numbers and email addresses.
(viii) The employer
will co-operate with all legal orders protecting an employee experiencing
domestic violence.
19. Long Service Leave
(i)
(a) Each employee
shall be entitled to two months long service leave on full pay after ten years
of service; thereafter additional long service shall accrue on the basis of
five months long service leave on full pay for each ten years
service.
Employees with at least seven years
service and less than 10 years service are
entitled, proportionate to his or her length of service, to proceed on a
proportionate period of long service leave on the basis of two months' long
service leave for ten years' service on full pay.
(b) Where the
services of an employee with at least five years service
and less than seven years service are terminated by
the employer for any reason other than the employee's serious and wilful
misconduct, or by the employee, on account of illness, incapacity or domestic
or other pressing necessity, he/she shall be entitled to be paid a
proportionate amount for long service leave on the basis of two months' long service
leave for ten years' service.
Where the services of an employee with at least seven
years are terminated by the employer or by the employee, he/she shall be
entitled to be paid a proportionate amount for long service leave on the basis
of two months' long service leave for ten years' service.
Where the services of an employee with at least 10 years service are terminated by the employer or by the
employee, he/she shall be entitled to be paid on the basis of two months' long
service leave for ten years' service and thereafter on the basis of five months
long service leave for each ten years service.
(ii) For the
purposes of subclause (i) of this clause:
(a) Service shall
mean continuous service with the employer.
For the purpose of this paragraph, continuous service shall be
determined in accordance with the provisions of Section 17 of the NSW Health
Policy Directive PD2014_029 Leave Matters for the NSW Health Service, as
amended from time to time.
(b) Broken periods
of service with the employer in one or more hospitals shall count as service
subject to the following:
(1) where an
officer, after ceasing employment with the employer is re-employed by the
employer a subsequent to the 1st July 1974, any service of that officer before
he/she was so re-employed shall not be counted for the purpose of determining
any long service leave due to that officer in respect of his/her service after
he/she was so re-employed unless he/she has completed at leave five years'
continuous service from the date of his/her being so re-employed;
(2) an officer employed at the 1st July 1974, and who was
entitled to count broken service under the provisions of the Award in force
prior thereto shall be entitled to count such broken service prior to the 1st
July 1974.
(c) Service shall
not include -
(1) any period of
leave without pay except in the case of employees who have completed at least
ten years service (any period of absence without pay
being excluded there from) in which case service shall include any period of leave
without pay not exceeding six months taken after 1 July, 1974;
(2) any period of part-time service (excluding part-time service
under clause 7 of this Award), except as provided in subclause (d) of this
clause.
(d) An employee
shall be entitled to have previous part-time service under Agreement No.1 of
1975 which is the equivalent of at least two full day’s duty per week taken
into account for long service leave purposes in conjunction with full-time
service or part-time service under clause 7 of this Award, on the basis of the
proportion that the actual number of hours worked each week bears to 40 hours
up until 30 June 1987 and bears to 38 on and from 1 July 1987, provided the
part-time service merges without break with the subsequent full-time or part-time
service.
(iii) An employee
with an entitlement to long service leave may elect to access such entitlement:
on full pay;
on half pay; or
on double pay.
(iv) When
an employee takes long service leave, the leave entitlement will be deducted on
the following basis:
a period of leave on full pay
- the number of days so taken;
a period of leave on half pay
- half the number of days so taken; or
a period of leave on double
pay - twice the number of days so taken.
(v) When taking
long service leave and an employee would otherwise have had a rostered shift
fall on a public holiday during that period, the amount of long service leave
to be deducted is to be reduced by one day for the public holiday.
(vi) Long
Service Leave shall be taken at a time mutually arranged between the employer
and the employee.
(vii)
(a) On the
termination of employment of an employee, otherwise than by his/her death, an
employer shall pay to the employee the monetary value of all long service leave
accrued and not taken at the date of such termination and such monetary value
shall be determined according to the salary payable to the employee at the date
of such termination unless the employee transfers his/her leave entitlement in
accordance with Section 17 of the NSW Health Policy Directive PD2014_029 Leave
Matters for the NSW Health Service, as amended from time to time.
(b) Where an
employee who has acquired a right to long service leave, or after having had
five years service and less than ten years service dies, the widow or the widower of such
employee, or if there is no such widow or widower, the children of such
employee, or if there is no such widow, widower, or children, such person who,
in the opinion of the employer, was at the time of the death of such employee,
a dependent relative of such employee, shall be entitled to receive the
monetary value of the leave not taken or which would have accrued to such
employee, had his/her services terminated as referred to in paragraph (b) of
subclause (i) of this clause and such monetary value
shall be determined according to the salary payable to the employee at the time
of his/her death.
Where there is a guardian of any children entitled
under this paragraph the payment, to which such children are entitled, may be
made to such guardian for their maintenance, education and advancement.
Where there is no person entitled under this paragraph
to receive the monetary value of any leave payable under the foregoing
provisions payment in respect thereof shall be made to the legal personal
representative of such employee.
(viii) Rights to long
service leave under this clause shall be in replacement of rights to long
service leave, if any, which at the 1st July 1974, may have accrued or may be
accruing to an officer and shall apply only to persons in the employ of the
employer on or after the 1st July 1974.
Where an officer has been granted long service leave or has been paid
its monetary value prior to the 1st July 1974, the employer shall be entitled
to debit such leave against any leave to which the officer may be entitled
pursuant to this clause.
20. Board and
Accommodation
(i) Where
an officer lives at a hospital, deductions from his/her salary for
accommodation and/or board may be made by the employer at the rates prescribed
from time to time by the Public Health System Nurses’ and Midwives’ (State)
Award.
(ii) Where
individual meals only are provided, the officer may be charged the charges
applicable under the Public Health System Nurses’ and Midwives’ (State) Award.
(iii) No deduction
shall be made from the salary of an officer for board and accommodation when
the officer is absent on annual, sick or long service leave, provided that the
employer shall be entitled to make the deduction for accommodation where the
officer:
(a) having been requested to leave his/her room completely
vacant fails to do so; or
(b) is
absent on sick leave and such absence does not exceed six consecutive days.
21. Uniform and
Laundry Allowance
(i) Sufficient
suitable and serviceable uniforms shall be provided for each officer required
to wear a uniform and such uniforms shall be laundered at the expense of the
employer.
(ii) Where the
employer requires a uniform to be worn but does not provide such uniform, the
following allowances shall be paid:
(a) where a full uniform, including special shoes, is required,
an amount per week as set in Item 4 of Table 1, Allowances ;
(b) in other cases, an amount as also set in Item 4 of Table
1.
22. Termination of
Employment
Employment may be terminated only by four weeks' notice
given in writing either by the employer or the officer at any time during the
week or by payment or forfeiture of four weeks' salary as the case may be,
provided that the officer and the employer may agree to a lesser period of
notice. Nothing in this clause shall
prevent the summary dismissal of an officer for misconduct or neglect of duty.
23. Settlement of
Disputes
(i) Where
a dispute arises in a particular section which cannot be resolved between the
employees or their representative and the supervising staff, it shall be referred
to the Chief Executive Officer of the Health Service or establishment or
his/her nominee, who will arrange for the matter to be discussed with the
employees concerned and a local representative or representatives of the Union.
(ii) Failing settlement
of the issue at this level, the matter shall be referred to the Secretary, and
the Head Office of the Union. The dispute will then be dealt with pursuant to
subclause (v) of this clause.
(iii) Whilst these
procedures are continuing, no stoppage of work or any form of ban or limitation
of work shall be applied.
(iv) The
Union reserves the right to vary this procedure where it is considered a safety
factor is involved.
(v) With a view to
an amicable and speedy settlement, all disputes that firstly cannot be settled
in accordance with subclauses (i) and (ii) of this
clause may be submitted to a committee consisting of not more than six members,
with equal representatives of the Secretary and the Union. Such committee shall have the power to
investigate all matters in dispute and to report to the Chief Executive Officer
of the Health Service and the Union respectively with such recommendations as
it may think right and, in the event of no mutual decision being arrived at by
such committee, the matter in dispute may be referred to the Public Health
Employees (State) Industrial Committee.
(v) This clause
shall not interfere with the rights of either party to institute proceedings
for the determination of any matter in accordance with the Industrial Relations Act 1996.
24.
Anti-Discrimination
(i) It
is intention of the parties bound by this Award to seek to achieve the object
in section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing
in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under
21 years of age;
(c) any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this Award from pursuing matters of unlawful
discrimination in any State or Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion:.
25. Study Leave
(i) Subject
to the terms of this clause the employer may grant to officers other than
interns, study leave without loss of pay as follows:
Face-to-face courses: Half hour study time for every
hour of compulsory lecture and/or tutorial attendance, up to a maximum of four
hours study time per week. Where no face-to-face course is provided: A maximum of four hours study time per week
for a maximum of 27 weeks per year.
(ii) Study leave
shall only be granted in respect of a course:
(a) leading to higher medical qualifications as defined in
clause 1, Definitions, of this Award; and
(b) in respect of a qualification which when obtained would be
relevant to the needs of the hospital.
(iii) The officer
shall submit to the employer a timetable of the proposed course of study and
evidence of the officer's enrolment in the course.
(iv) The
grant of study leave is subject to the convenience of the employer and should
not interfere with the maintenance of essential services or with patient care.
(v) Periods of
study leave granted shall not be taken into account for the purposes of calculating
overtime payments;
(vi) Study leave
granted subject to the terms of this clause, may be accrued to a maximum of
seven working days for the purpose of enabling the officer to study prior to a
written, oral or clinical examination.
An option to accumulate study leave in terms of this subclause shall be
exercised at the commencement of each academic year and the officer shall
notify the employer accordingly;
(vii) Officers who
have given continuous service of more than one year shall be allowed to accrue
study leave not taken up to a maximum of fourteen calendar days.
26. Travelling
Allowances
(i) An
officer seconded to another hospital may be granted a daily travel allowance at
the rate of the difference between the cost of travel
by public transport to his/her normal place of employment and travel by public
transport to the seconding hospital.
Provided that where an officer drives his/her own vehicle, he/she shall,
in lieu, be eligible for a mileage allowance equivalent to the "Transport
Allowance" as determined under the Health
Services Act 1997 from time to time, for the difference between the
distance to his/her normal place of employment and the distance to the
seconding hospital.
(ii) An officer who,
with the approval of the employer, uses on official business, a motor vehicle maintained primarily for other than official
business, shall be paid the above-mentioned mileage allowance from time to time
effective. However, where it is estimated that an officer will, with the
approval of the employer, be required to use his/her private vehicle on
official business on at least 50 days during any period of 12 months and during
that period aggregate at least 850 kilometres of official running, he/she shall
be paid at the "Official Business Rate" prescribed by clause 36 of
the Crown Employees (Public Service Conditions of Employment) Award 2009 at the
rate in force from time to time throughout the year.
(iii) For the purpose of subclause (ii) travel on
official business:
(a) occurs when an officer is required by the employer as part
of his/her duty to use his/her motor vehicle to attend away from his/her normal
place of employment or seconding hospital to another clinic, annexe or
hospital. Where an officer travels on
official business direct from his/her place of residence to a clinic, annexe or
hospital, other than his/her normal place of employment he/she shall be paid
for the difference between the distance to his/her normal place of employment
or seconding hospital and that other annexe, clinic or hospital;
(b) does not include "call backs";
(c) shall include other arrangements as agreed to between the
employer and the Union from time to
time.
(iv) Nothing
in this clause shall make the employer liable for the cost of the officer's
daily travel to his/her usual and normal place of employment.
27. Mobility, Excess
Fares and Travelling
For the purpose of this clause accustomed place of work
shall mean the location where an employee is regularly required to commence
duty by the employer.
(i) An
employee shall be required to proceed to the accustomed place of work and
return home once on each ordinary working day or shift in the employee's own
time and at the employee's own expense.
(ii)
(a) Where an employee
is directed to report for duty to a place of work other than the employee's
accustomed place of work the employee shall travel to and from the alternative
place of work in the employer's time for those periods in excess of time
normally taken to travel to and from the accustomed place of work.
(b) If the excess
of travelling time on a particular day or shift is greater than the prescribed
ordinary hours of duty for the particular category of staff for that day or
shift, then the excess of hours shall be paid at the ordinary rate of pay to
the extent of travelling time.
(c) Fares incurred
by such employee in excess of the fares normally incurred in travelling to the
employee's accustomed place of work and returning home from the accustomed
place of work shall be reimbursed.
(d) Where the
employee is required to report to an alternative place of work and has the
prior approval of the employer to travel by his/her own mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance will be prescribed from time to time by
the Industrial Relations Secretary.
(iii)
(a) Where an
employer has determined that an employee or employees should report to a new
accustomed place of work on a permanent basis, the decision must be discussed
with the affected employee(s) and the local branch of the Union prior to notice
of changed accustomed place of work being given.
(b) The employer
shall give the employee reasonable notice of the requirement to report to a new
accustomed place of work. For the purpose of this subclause "reasonable
notice" shall be one calendar month prior to the date the employee is
first required to report to the new accustomed place of work.
(c) Where the
accustomed place of work is changed on a permanent basis by the employer, the
employee shall report to the new accustomed place of work on the date specified
by the employer.
(d) If there is
disagreement about such a decision after such discussion or if a significant
number of employees are involved, the matter should be referred to the
Secretary who will discuss the matter with the Union and will determine the
date upon which notice will be given to employee(s).
(iv)
(a) The provision
of this clause shall not apply to an employee appointed to regularly perform
relief duties or to employees specifically employed to perform duties at more
than one place of work except as provided in (b) hereunder.
(b) If a reliever
incurs fares in excess of $5 per day in travelling to and from the relief site,
the excess shall be reimbursed.
Where a reliever, with the prior approval of the
employer, travels by his/her own mode of conveyance and incurs travelling costs
in excess of $5 per day to and from the relief site, such excess shall be
reimbursed. The rate applicable shall be the kilometre allowance prescribed
from time to time by the Industrial Relations Secretary less $5.
This $5 shall be reviewed annually by the employer.
(v) No payment
shall be made under this clause unless the employer is satisfied that the
employee has incurred additional expenditure in having to report to an
alternative place of work, at the direction of the employer.
(vi) Travel
to an alternative place of work, either by public transport or own mode of
conveyance, shall in all instances be by the most direct route.
28. Secondment
(i) Allowance
- An officer, other than an intern, seconded to work in a hospital listed at
Part C of this Award shall have his/her salary increased by one incremental
step, by way of allowance, for the period the officer works in such hospital.
For the duration of the officer's secondment, other
than periods of leave, the allowance shall be treated as salary for the purpose
of calculating overtime and shift penalties.
(ii) Travel - An
officer referred to in subclause (i) of this clause
shall be allowed a paid journey to Sydney and return by economy class airfare
or equivalent thereof for each period of 7 weeks in the employment of a
hospital listed at Part C of this Award.
At the discretion of the employer the paid journey may
be taken in advance. Such travel may be
used for the purpose of furthering the officer's medical education.
29. Relocation
Expenses
Where an officer is employed by the employer within the
metropolitan area and applies for and obtains a permanent position at a country
location (being either a position covered by this Award or a Career Medical
Officer position), the costs incurred by the officer in respect to removal of
furniture and effects and conveyancing in the
purchase of a residence are to be refunded by the employer on the following
basis:-
At the time the appointment is taken up: 50% of costs
incurred.
After one year's service at the country
location: a further 25% of the costs incurred.
After two years
service at the country location: the remaining 25% of the costs
incurred.
These arrangements become effective in relation to country
appointments made after 1 January 1989.
30. Labour Flexibility
(i) The
employer may direct an employee to carry out such duties as are reasonable, and
within the limits of the employee's skill, competence and training consistent
with the employee's classification, grouping and/or career stream provided that
such duties are not designed to promote de-skilling.
(ii) The employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required provided that the employee has been properly
trained or has otherwise acquired the necessary skills in the use of such tools
and equipment.
(iii) Any direction
issued by the employer pursuant to subclauses (i) and
(ii) shall be consistent with the employer's responsibilities to provide a safe
and healthy work environment.
(iv) Existing
provisions with respect to the payment of higher duties allowances shall apply
in such circumstances.
31. Salary Packaging
(i) By
agreement with their employer, employees may elect to package part or all of
their salary in accordance with this clause, to obtain a range of benefits as
set out in the NSW Health Services Salary Packaging Policy and Procedure
Manual, as amended from time to time. Such election must be made prior to the commencement
of the period of service to which the earnings relate. Where an employee also
elects to salary sacrifice to superannuation under this Award, the combined
amount of salary packaging/sacrificing may be up to 100 per cent of salary.
Any salary packaging above the fringe benefit exemption
cap will attract fringe benefits tax as described in paragraph (iv) below.
(ii) Where an
employee elects to package an amount of salary:
(a) Subject to
Australian taxation law, the packaged amount of salary will reduce the salary
subject to PAYE taxation deductions by that packaged amount.
(b) Any allowance,
penalty rate, overtime payment, payment for unused leave entitlements, weekly
workers’ compensation, or other payment other than any payment for leave taken
in service, to which an employee is entitled under this Award or statute which
is expressed to be determined by reference to an employee’s salary, shall be
calculated by reference to the salary which would have applied to the employee
under this Award in the absence of any salary packaging or salary sacrificing
made under this Award.
(c) ‘Salary’ for
the purpose of this clause, for superannuation purposes, and for the
calculation of Award entitlements, shall mean the Award salary as specified in
clause 2, Salaries, and which shall include ‘approved employment benefits’
which refer to fringe benefit savings, administration costs, and the value of
packaged benefits.
(iii) Any pre-tax and
post-tax payroll deductions must be taken into account prior to determining the
amount of available salary to be packaged. Such payroll deductions may include
but are not limited to superannuation payments, HECS payments, child support
payments, judgement debtor/garnishee orders, union fees, and private health
fund membership fees.
(iv) The
salary packaging scheme utilises a fringe benefit taxation exemption status
conferred on public hospitals and local health districts, which provides for a
fringe benefit tax exemption cap of $17,000 per annum. The maximum amount of fringe
benefits-free tax savings that can be achieved under the scheme is where the
value of benefits when grossed-up, equal the fringe benefits exemption cap of
$17,000. Where the grossed-up value exceeds the cap, the employer is liable to
pay fringe benefits tax on the amount in excess of $17,000, but will pass this
cost on to the employee. The employer’s share of savings, the combined
administration cost, and the value of the package benefits, are deducted from
pre-tax dollars.
(v) The parties agree
that the application of the fringe benefits tax exemption status conferred on
public hospitals and local health districts is subject to prevailing Australian
taxation laws.
(vi) If
an employee wishes to withdraw from the salary packaging scheme, the employee
may only do so in accordance with the required period of notice as set out in
the Salary Packaging Policy and Procedure Manual.
(vii) Where an
employee ceases to salary package, arrangements will be made to convert the
agreed package amount to salary. Any costs associated with the conversion will
be borne by the employee, and the employer shall not be liable to make up any
salary lost as a consequence of the employee’s decision to convert to salary.
(viii) Employees
accepting the offer to salary package do so voluntarily. Employees are advised
to seek independent financial advice and counselling to apprise them of the
implications of salary packaging on their individual personal financial
situations.
(ix) The employer and
the employee shall comply with the procedures set out in the NSW Health
Services Salary Packaging Policy and Procedure Manual as amended from time to
time.
32. Reasonable Hours
(i) Subject
to subclause (ii) the employer may require an employee to work reasonable
overtime at overtime rates unless or as otherwise provided for under the Award.
(ii) The employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the purposes
of subclause (ii) what is unreasonable or otherwise will be determined having regard to:
(a) any risk to employee health and safety.
(b) The employee’s
personal circumstances including any family and carer responsibilities.
(c) The needs of
the workplace or enterprise.
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) Any other
relevant matter.
33. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed in clause 2, Salaries, as varied from time to time, an
employee may elect, subject to the agreement of the employee’s employer, to
sacrifice a part or all of the salary payable under the salaries clause to
additional employer superannuation contributions. Such election must be made
prior to the commencement of the period of service to which the earnings
relate. The amount sacrificed together with any salary packaging arrangements
under clause 31, Salary Packaging, of this Award may be made up to one hundred
(100) per cent of the salary payable under the relevant salaries clause, or up
to one hundred (100) per cent of the currently applicable superannuable
salary, whichever is the lesser.
In this clause, ‘superannuable
salary’ means the employee’s salary as notified from time to time to the New
South Wales public sector superannuation trustee corporations.
(ii) Any pre-tax and
post-tax payroll deductions must be taken into account prior to determining the
amount of available salary to be packaged. Such payroll deductions may include
but are not limited to superannuation payments, HECS payments, child support
payments, judgement debtor/garnishee orders, union fees and private health fund
membership fees.
(iii) Where the
employee has elected to sacrifice a part or all of the available payable salary
to additional employer superannuation contributions:
(a) The employee
shall be provided with a copy of the signed agreement. The salary sacrifice
agreement shall be terminated at any time at the employee’s election and shall
cease upon termination of the employee’s services with the employer.
(b) Subject to
Australian taxation law, the amount of salary sacrificed will reduce the salary
subject to appropriate PAYE taxation deductions by the amount sacrificed; and
(c) Any allowance,
penalty rate, overtime, payment for unused leave entitlements, weekly workers’
compensation, or other payment, other than any payment for leave taken in
service, to which an employee is entitled under the relevant Award or any
applicable Award, act, or statute which is expressed to be determined by
reference to an employee’s salary, shall be calculated by reference to the
salary which would have applied to the employee under the salaries clause of
the relevant Award in the absence of any salary sacrifice to superannuation
made under this Award.
(iv) The
employee may elect to have the specified amount of payable salary which is
sacrificed to additional employer superannuation contributions:
(a) paid into the superannuation scheme established under the First State Superannuation Act 1992 as
optional employer contributions; or
(b) subject to the employer’s agreement, paid into a private
sector complying superannuation scheme as employer superannuation contributions.
(v) Where an
employee elects to salary sacrifice in terms of subclause (iv)
above, the employer will pay the sacrificed amount into the relevant
superannuation fund.
(vi) Where
the employee is a member of a superannuation scheme established under:
(a) the Police Regulation
(Superannuation) Act 1906;
(b) the Superannuation Act
1916;
(c) the State Authorities
Superannuation Act 1987;
(d) the State Authorities
Non-Contributory Superannuation Act 1987; or
(e) the First State
Superannuation Act 1992.
The employee’s employer must ensure that the amount of
any additional employer superannuation contributions specified in subclause (i) above is included in the employee’s superannuable
salary which is notified to the New South Wales public sector superannuation
trustee corporations.
(vii) Where, prior to
electing to sacrifice a part or all of their salary to superannuation, an
employee had entered into an agreement with their employer to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause (v) above, the employer will
continue to base contributions to that fund on the salary payable under clause
2, Salaries of the Award to the same extent as applied before the employee sacrificed
that amount of salary to superannuation. This clause applies even though the
superannuation contributions made by the employer may be in excess of the
superannuation guarantee requirements after the salary sacrifice is
implemented.
34. No Extra Claims
Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014, there shall be no further claims/demands or
proceedings instituted before the Industrial Relations Commission of New South
Wales for extra or reduced wages, salaries, rates of pay, allowances or
conditions of employment with respect to the employees covered by the Award
that take effect prior to 30 June 2019 by a party to this Award.
35. Area, Incidence
and Duration
(i) This
Award takes effect from 1 July 2018 and shall remain in force for a period of
one year.
(ii) This Award
rescinds and replaces the Public Hospital Medical Officers (State) Award made
on 26 October 2017 and all variations thereof.
(iii) This Award
shall apply to persons employed in classifications contained herein employed in
the New South Wales Health Service under section 115(1) of the Health Services Act 1997, or their
successors, assignees or transmittees.
PART B
Table 1 - Allowances and Other Rates
Item
No.
|
Clause
No.
|
|
Rate from first full
pay period
|
|
|
Description
|
on or after 01/07/2018
|
|
|
|
$
|
1
|
5
|
In charge Allowance
|
20.40
|
2
|
11(ii)
|
Meal Allowance for overtime
|
|
|
|
(a) Breakfast at or before 6.00 a.m.
|
30.10
|
|
|
(b) Evening at least 1 hour after normal ceasing time and
extends beyond or is worked wholly after 7.00 p.m.
|
30.10
|
|
|
(c) Lunch beyond 2.00 p.m. Saturdays, Sundays or Holidays
|
30.10
|
3
|
12(iii)
|
On-call Allowance per on-call period which coincides with
a day rostered on duty
|
15.90
|
|
|
On-call allowance per on-call period which coincides with
a rostered day off
|
31.80
|
|
|
per week
|
111.00
|
4
|
21(ii)
|
Uniform and Laundry Allowance
|
|
|
|
- Full uniform including special shoes if required
|
2.46
|
|
|
- Other cases
|
1.81
|
PART C
Albury Base Hospital
Armidale and New England Hospital
Bathurst Base Hospital
South East Regional Hospital
Broken Hill Hospital
Coffs Harbour Hospital
Dubbo Base Hospital
Goulburn Base Hospital
Grafton Base Hospital
Griffith Hospital
Lismore Base Hospital
Orange Base Hospital
Port Macquarie Base Hospital
Shoalhaven Memorial Hospital
Tamworth Rural Referral hospital
Taree Manning Base Hospital
Tweed Heads District Hospital
Wagga Wagga Base Hospital
P.
M. KITE, Chief Commissioner.
____________________
Printed by the authority of the Industrial Registrar.