Operational Ambulance Managers (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 2018/200730)
Before Commissioner
Murphy
|
3 July 2018
|
AWARD
1. Title
This Award shall be known as the Operational Ambulance
Managers (State) Award ("the Award").
2. Arrangement
Clause No. Subject
Matter
1 Title
2 Arrangement
SECTION 1. GENERAL
3 Object
4 Definitions
5 Classification
Descriptions
6 Work
Arrangements
SECTION 2. EMPLOYMENT CONDITIONS
7 Employees
Duties
8 Vacancies
& Promotion
9 Appointment
of Officers
10 Roster
Leave
11 Reasonable
Hours
12 Public
Holidays
13 Termination
of Employment
SECTION 3. SALARIES AND MONETARY
ENTITLEMENTS
14 Salaries
15 Payment and
Particulars of Salaries
16 Climatic
& Isolation Allowance
17 Travel
Allowances
18 Relieving
Other Members of Staff
19 Salary
Sacrifice to Superannuation
20 Salary
Packaging
SECTION 4. LEAVE ENTITLEMENTS
21 Annual
Leave
22 Annual
Leave Loading
23 Family
& Community Leave & Personal Carers Leave
23A Family
Violence Leave
24 Maternity,
Adoption & Parental Leave
24A Lactation
Breaks
25 Study Leave
26 Trade Union
Leave
27 Long
Service Leave
28 Sick Leave
SECTION 5. MISCELLANEOUS
29 Uniforms
30 Union
Subscriptions
31 Accommodation
SECTION 6. AWARD PARAMETERS
32 Issues
Resolution
33 Anti-Discrimination
34 Benefits
Not To Be Withdrawn
35 No Extra
Claims
36 Area
Incidence & Duration
SECTION 7. MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
SECTION 1. GENERAL
3. Object
The parties seek to achieve excellence in the provision of
ambulance services for New South Wales through an efficient and effective
pre-hospital emergency care and health related transport system.
4. Definitions
"The Department" means the New South Wales
Department of Health.
"Employee" means an
Officer/Superintendent/Operational Manager of the Service who is employed
pursuant to this Award.
"Officer/Superintendent/Operational Manager" means
an employee of the Service who is employed pursuant to this Award.
"Service" means continuous service with one or
more District Committees prior to 13 April 1973, and continuous service as a
servant of the New South Wales Ambulance Board on and from 13 April 1973, and
continuous service as a servant of the Commission on and from 1 January 1977
and continuous service as a servant of the Corporation on and from 17 August
1982 and continuous service with the NSW Department of Health on and from 17
March 2006.
"The Service" means the Ambulance Service of New
South Wales.
"Union" means the Health Services Union NSW.
The "Working Week" for the purpose of this Award
shall commence on Saturday and finish on Friday.
5. Classification
Descriptions
"Ambulance Manager Level 1" means an employee who
has the following responsibilities, skills and attributes:
Accountability for ensuring funds are
expended according to approved budgets and for ensuring targets are met.
Responsibility to provide regular feedback and
appraisal regarding the performance of staff
Responsibility for maintaining effective relationships
with a range of stakeholders within the Service to ensure the Service’s
priorities are met
Assist with the development and implementation of
policies, procedures, standards and practices for the Service
Responsibility and accountability for providing a
professional level of services to the Service or oversee the management of
aspects of services and the staff
Understanding and commitment to the Service’s
priorities
Capacity to direct all operational facets based on
strategic and business plans
Ability to ensure budget targets are met
Capacity to undertake performance appraisal of staff
and ability to develop performance measures
Effective communication and interpersonal skills
Assist with the development and implementation of
policies, procedures, standards and practices
Able to meet pre-determined targets and deadlines
Ability to be flexible and adapt work practices to suit
circumstances
"Ambulance Manager Level 2" means an employee who
is required to demonstrate the following responsibilities, skills and
attributes to a level greater than that required for a Level 1 Ambulance
Manager:
Accountability for allocation and/or expenditure of
resources and ensuring targets are met
Responsibility for ensuring optimal budget outcomes for
their customers and communities
Responsibility for providing regular feedback and
appraisals for senior staff to improve health outcomes for customers and for
maintaining a performance management system
Responsibility for providing support for the efficient,
cost effective and timely delivery of services
High level of leadership, communication and
interpersonal skills
Capacity to exercise creative and entrepreneurial
solutions to improve productivity and effectiveness for customers
Proven negotiation and delegation skills
Ability to motivate and co-ordinate staff
Ability to provide input, interpret,
monitor and evaluate policies, procedures and standards for customers
Capacity to design strategic and business objectives
Ability to develop performance measures
"Ambulance Manager Level 3" means an employee who
is required to demonstrate the following responsibilities, skills and
attributes to a level greater than that required for a Level 2 Ambulance
Manager:
Responsibility for reviewing senior staff performances
through regular appraisal to improve health outcomes for patients and for
maintaining a performance management system
Responsibility to maintain effective relationships and
communication to ensure that corporate goals and priorities of the Health
System are met
Responsibility for providing timely delivery of
services and accountable to the appropriate Executive
Responsibility for contributing to the development and
implementation of business plans
Requirement to make judgements and may
in some cases, be delegated responsibility to approve changes in standard
practice and procedures
Excellent leadership, communication and interpersonal
skills
Highly developed and effective management skills
Ability to develop, monitor and reach predicted
outcomes to strategic and business plans
Highly developed and effective negotiation and
delegation skills
Proven capacity to manage multi-disciplinary groups
Ability to make judgements and have sole delegated
responsibility to approve changes in standards, practices, policies and
procedures
"Ambulance Manager Level 4" means an employee who
is required to demonstrate the following responsibilities, skills and attributes
to a level greater than that required for a Level 3 Ambulance Manager:
Responsibility for ensuring optimal health outcomes
within budget for their customers and communities
Accountability for allocating resources and ensuring
budgets are effectively met
Responsibility for developing appropriate strategies to
manage budget changes in a timely manner
Requirement to make complex judgements and make
appropriate changes in standard practices, policies and procedures
Staff at this level are
expected to develop/implement strategic business plans and ensure budgets are
allocated and targets met
System-wide view of health care provision and
management to improve health outcomes for customers
Excellent strategic planning and policy development
skills
Proven management expertise at a senior level
Competent to make complex judgements and take
initiatives through delegated responsibilities
"Ambulance Manager Level 5" means an employee who
is required to demonstrate the following responsibilities, skills and
attributes to a level greater than that required for a Level 4 Ambulance
Manager.
(a) Authority &
Accountability
Freedom to operate within delegated authority,
performance agreement, and Service or Health policy
Recommend service priorities
Exercise judgement within delegations
Formulate policy and deliver programs in line with
performance agreement
Involvement in the development of long-term strategies
Report directly to a member of the Service’s executive
Budget management and responsibility for significant
budget amount, or
Management of complex area service or unit, requiring
specialist advice and input
Adherence to the Accounts and Audit and Determination
for Area Health Services and all Statutory Requirements
(b) Judgement
& Problem-Solving
Exercise judgement and problem solving in service
policy areas
Frequent resolution of unusual and complex problems
Develop business strategies and business plans
Develop ideas, optional action plans, courses of action
Anticipate and resolve problems in a challenging and
dynamic environment
Seek advice when there is no existing policy or
precedent
Use of evidence-based decision-making to back up
decisions
Sound ability to solve problems using innovative,
creative solutions
High level of technical expertise
Provision of high level of expert advice and sound
judgement
Independent decision-making; exercising independent
judgement
Has a sound understanding of political and cross-Area
Health Service issues and how they impact on the organisation
Actively develop strategic partnerships
(c) Leadership
& Management Skills
Provide leadership, management and direction
Actively contributes to shaping the organisation’s
strategic plan
Ensures that the strategic plan is outcome-focussed,
takes into account the short and long-term priorities, and is achievable
Actively monitors progress towards the achievement of
the strategic vision
Achieve set objectives
Resolve conflict
Address and prioritise competing demands
Lead and manage organisation change on an area-wide
basis
Build appropriate organisation values and culture
Anticipate problems and develop contingency strategies
to meet complex situations
Applies intellectual rigour to all aspects of their
work
(d) Personal &
Interpersonal Skills
Provide specialist advice
Lead, persuade, motivate and negotiate at senior levels
Ability to deal with people at all levels
Communicate and liaise effectively at all levels within
the organisation
Spokesperson for area of responsibility (media, public)
Effective community liaison and communication
Effectively self-manages
Innovative & lateral thinker
Flexible & responsive
Supports a reflective learning/quality culture that enables
both individuals and the organisation to develop
Articulates and promotes the organisation’s vision and
goals
Promotes an environment in which traditional ways of
thinking are challenged and debate is encouraged
Provides effective role-modelling
Celebrates achievements and encourages innovation
(e) Outcomes &
Performance
Formal personal agreement with CEO or
the relevant General Manager.
Significant impact on service achievements and targets
Formal performance agreements with direct reports
Achievement of best practice
Monitoring and compliance with all professional
standards
Responsible for Service-wide service delivery
6. Work Arrangements
(a) Work will be
performed by the most efficient means.
(b) The parties agree
that there will be no forced transfers as a result of the implementation of
subclause (a) of this clause.
(c) Any proposal
that will significantly affect employees covered by the Union will be the
subject of genuine consultation between the parties.
(d) Any dispute
arising from the operation of this clause will be dealt with in accordance with
clause 32, Issues Resolution, of this Award.
SECTION 2. EMPLOYMENT CONDITIONS
7. Employees’ Duties
(a) The Service may
direct an employee to carry out such duties as are reasonable,
and within the limits of the employee’s skills, competence and training
consistent with the employee’s classification provided that such duties are not
designed to promote de-skilling.
(b) The Service 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 and is
currently certified in the use of such tools and equipment.
(c) Any direction
issued by the Service pursuant to subclause (a) and (b) shall be consistent
with the Service’s responsibilities to provide a safe and healthy working
environment.
(d) The application
of subclause (a) of this clause shall be undertaken in a fair, reasonable and
sensible manner.
8. Vacancies & Promotion
(a) Advertisements
of vacant positions shall be notified throughout the Service by regular Vacancy
Circulars clearly displayed on Notice Boards at all Ambulance Stations and
Ambulance Workplaces.
(b) Appointments
shall be made on the basis of merit.
(c) The vacancy
shall be filled from applications received provided that the Service can
re-advertise the position if necessary.
9. Appointment of
Officers
(a) An employee employed
under this Award shall be engaged as a full-time employee, a permanent
part-time employee or a temporary employee.
(b) Every employee
will be provided with a Position Description commensurate with his or her
position which he or she will be required to sign. The position description
will outline the duties to be performed in addition to the key competencies and
accountabilities required for the position.
(c) All employees
will be required to enter into a Performance Agreement.
(d) Every employee
who is appointed to a Superintendent/Operational Manager position
advertised/created after the date of the making of this Award will be required
to continue to meet the minimum requirements for that position.
(e) Permanent
Part-Time Employee
(i) A
permanent part-time employee is one who is permanently appointed by the Service
to work a specified number of days each week which are less than those
prescribed for a full-time employee, except in emergency or urgent
circumstances.
(ii) Permanent
part-time employees shall be paid an hourly rate calculated on the basis of
1/38 of the weekly rate (annual rate/52.17857) prescribed in Table 1 -
Salaries, of Section 7, Monetary Rates, of this Award.
(iii) Permanent
part-time employees shall not be entitled to additional rostered leave days off
duty as prescribed in subclause (a) of clause 10, Roster Leave, of this Award.
(iv) Permanent
part-time employees shall be entitled to all other benefits not otherwise
expressly provided for herein in the same proportion as the average days per
week bear to full-time employment.
(v) Permanent
part-time employees shall be entitled to payment of the allowances prescribed
by clause 16, Climate and Isolation Allowance, of this Award in the same
proportion as the average hours worked per week bear to full-time hours.
(vi) The
parties recognise that permanent part-time employment will provide flexible
working arrangements for employees to cater for personal requirements such as
family responsibilities.
(f) Temporary
Employee
(i) A
temporary employee is engaged for a continuous fixed period of time to carry
out a specific task. Such task may include the provision of relief for
permanent employees, conduct of specific projects or the provision of services
which are not recurrent in nature.
(ii) A temporary
employee may be full-time or part-time.
(iii) Time worked up
to the rostered daily ordinary hours of work prescribed for a majority of the
full-time employees employed on that shift in the station, unit or section concerned
shall not be regarded as overtime but an extension of the contract hours for
that day and shall be paid at the ordinary rate of pay.
(iv) Temporary
employees will be required to undertake and successfully complete all the
requirements applicable to permanent full-time employees.
10. Roster Leave
(a) Each employee
shall be granted nine (9) days of absence in each period of 28 days with the
ninth day of absence being designated the Additional Rostered Leave day off
duty.
(b) Such time off
duty may be granted weekly or allowed to accumulate for 28 days, provided that
when it is not convenient for the Service to grant the full amount of leave due
under this clause in each period of 28 consecutive days, the employee shall not
be called upon to forfeit such leave.
(c) Leave under
this clause shall not be allowed to accumulate to more than twelve (12) days.
(e) Subject to
subclause (c) of clause 13, Termination of Employment, of this Award, payment
in lieu of roster leave shall not be made.
11. Reasonable Hours
(a) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(b) For the
purposes of subclause (b) what is reasonable or otherwise will be subject to
subclause (b) an employer may require an employee to work reasonable overtime
at overtime rates.
(c) Determined
having regard to:
(i) Any
risk to employee health and safety.
(ii) The employee’s
personal circumstances including any family and carer responsibilities.
(iii) The needs of
the workplace or enterprise.
(iv) The
notice (if any) given by the employer of the overtime and by the employee of
his or her intention to refuse it; and
(v) Any other
relevant matter.
12. Public Holidays
(a) For the purpose
of this clause, the following shall be public holidays, viz:
New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen’s Birthday, Local Labour Day, Christmas Day and Boxing Day.
(b)
(i) An
employee to whom paragraph (i) of subclause (a) of
clause 21, Annual Leave, of this Award, applies, and who is required to and
does work on a public holiday or a special public holiday proclaimed for the
State of New South Wales shall be paid for the time actually worked at the rate
of double time and one half.
(ii) An employee to
whom paragraph (ii) of subclause (a) of clause 21, Annual Leave, of this Award,
applies, and who is required to and does work on a public holiday or a special
public holiday proclaimed for the State of New South Wales shall be paid for
the time actually worked at the rate of time and one half.
(iii) For the purpose
of paragraphs (i) and (ii) of this subclause, the
hourly rate of pay shall be one-thirty eighth of the appropriate ordinary weekly
rate of pay prescribed in Table 1 - Salaries, of this Award.
(c) Special Public
Holidays proclaimed for the State of New South Wales are to be granted or
payment made as prescribed in paragraphs (i) and (ii)
of subclause (b) of this clause, if not granted. Where an employee works on a
seven day per week basis as set out in paragraph (ii) of subclause (a) of
clause 21, Annual Leave, of this Award, and the employees rostered day off or
annual leave falls due on such day, the employee shall be paid, in addition to
the employees appropriate weekly rate of pay, an extra day’s pay at ordinary
rates.
(d) In addition to
those public holidays specified in subclause (a) of this clause, employees
shall be entitled to an extra public holiday each year. Such public holiday
will occur on a date determined by the Service and shall be regarded, for all
purposes of this clause, as any other public holiday.
13. Termination of
Employment
(a) Employment
shall be terminated by four (4) weeks notice in
writing by either party or by the giving or forfeiting, as the case may be, of
four weeks wages in lieu of notice. Notwithstanding this the Service shall have
the right to terminate an employee’s employment without notice for serious or
wilful misconduct in which case wages shall be paid up to the time of dismissal
only.
(b) The Service
shall, upon request by the employee, give the employee a signed statement
outlining the period of employment.
(c) Employees with a
credit of any additional rostered leave day off duty shall be paid for such
accrual upon termination.
SECTION 3. SALARIES AND MONETARY
ENTITLEMENTS
14. Salaries
(a) Employees who
are appointed to an Operational Management position shall be allocated to one
of the classification levels as set out in Table 1, Salaries, of this Award,
and shall not be paid less than the minimum level for that position.
(b) An employee who
successfully applies for a position covered by this Award where the salary band
encompasses his or her current salary will be appointed at no less than his or
her current salary.
(c) An employee who
successfully applies for a position which carries a higher minimum salary level
than his or her current salary will be appointed at no less than the minimum of
the applicable salary band.
(d) Once the
appointed employee’s salary has been determined in accordance with subclause
(a), (b) or (c) of this clause, the employee’s salary will move in accordance
with the percentage increases applicable under this Award.
(e) Further
increases over and above the percentage increases applicable under subclause
(d) of this clause will occur based on the employee’s work performance that
will be measured against their Performance Agreement.
(f) Any dispute
arising from the operation of this clause shall be dealt with in accordance
with clause 32, Issues Resolution, of this Award.
15. Payment and
Particulars of Salaries
(a) Wages shall be
paid fortnightly by electronic transfer.
(b) For each
pay-day, employees shall be furnished with a statement showing the gross amount
of ordinary wages and penalties together with separate details of all
deductions.
(c) 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 Service
and the Union due to isolation.
(d) Salaries shall
be deposited by the Service in sufficient time to ensure that wages are
available for withdrawal by employees no later than pay day.
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 Service making
their deposits. In such cases the Service shall take all reasonable steps to
ensure that wages are available for withdrawal by no later than pay-day.
16. Climatic and Isolation
Allowance
(a) Subject to
subclause (b) of this clause, employees attached to Ambulance Stations situated
upon or to the West of a line drawn as herein specified, shall be paid the
allowance specified in Table 2, Allowances of Section 7, Monetary Rates, of
this Award, in addition to the salary to which they are otherwise entitled. The
line shall be drawn as follows, viz:
Commencing at Tocumwal and thence to
the following towns in the order stated, namely - Lockhart, Narrandera, Leeton,
Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.
(b) Employees
attached to Ambulance Stations situated upon or to the West of a line drawn as
herein specified shall be paid the allowance specified in Table 2 - Allowances
of Section 7, Monetary Rates, of this Award, in addition to the salary to which
they are otherwise entitled. The line shall be drawn as follows, viz:
Commencing at a point on the right bank of the Murray
River opposite Swan Hill (Victoria) and thence to the following towns in the order
stated namely - Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.
(c) The allowances
prescribed by this clause are not cumulative.
(d) The allowances
prescribed by this clause shall be regarded as part of the salary for the
purposes of this Award.
17. Travel Allowances
Employees shall be granted travelling allowances on such
terms and conditions prescribed by the NSW Policy Directive PD2016_010,
Official Travel, as amended or replaced from time to time.
18. Relieving Other
Members of Staff
(a) An employee who
is required by the Service to relieve another employee paid on a higher scale
for a period of not less than one working week shall be entitled to receive the
minimum rate of the higher scale of pay.
(b) This provision
shall not apply when an employee on a higher scale is absent from duty by
reason of his or her additional roster leave day off duty.
(c) No reduction
shall be made in the scale of pay of an employee called upon to relieve another
employee paid on a lower scale.
19. Salary Sacrifice
to Superannuation
(a) Notwithstanding
the salaries prescribed in clause 14, 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 20, Salary Packaging, of this Award may be made up to one hundred
(100) per cent of the salary payable under the 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.
(b) 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, judgment debtor/garnishee orders, union fees and private health fund
membership fees.
(c) Where the
employee has elected to sacrifice a part or all of the available payable salary
to additional employer superannuation contributions:
(i) 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.
(ii) 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
(iii) 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 in
the absence of any salary sacrifice to superannuation made under this Award.
(d) The employee
may elect to have the specified amount of payable salary which is sacrificed to
additional employer superannuation contributions:
(i) paid into the superannuation scheme established under the First State Superannuation Act 1992 as
optional employer contributions; or
(ii) subject to the employer’s agreement, paid into a private
sector complying superannuation scheme as employer superannuation
contributions.
(e) Where an
employee elects to salary sacrifice in terms of subclause (d) above, the
employer will pay the sacrificed amount into the relevant superannuation fund.
(f) Where the
employee is a member of a superannuation scheme established under:
(i) the Police Regulation
(Superannuation) Act 1906;
(ii) the Superannuation Act
1916;
(iii) the State Authorities
Superannuation Act 1987;
(iv) the State Authorities
Non-contributory Superannuation Act 1987; or
(v) 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.
(g) 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 (vi) above, the employer will
continue to base contributions to that fund on the salary payable under clause
14, 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.
20. Salary Packaging
(a) 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 PD2016_009, 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 (d) below.
(b) Where an
employee elects to package an amount of salary:
(i) Subject
to Australian taxation law, the packaged amount of salary will reduce the
salary subject to PAYE taxation deductions by that packaged amount.
(ii) 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.
(iii) ‘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 14, Salaries, and which shall include ‘approved employment benefits’
which refer to fringe benefit savings, administration costs, and the value of
packaged benefits.
(c) 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.
(d) The salary
packaging scheme utilises a fringe benefit taxation exemption status conferred on
public hospitals and area health services, 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.
(e) The parties
agree that the application of the fringe benefits tax exemption status
conferred on public hospitals and area health services is subject to prevailing
Australian taxation laws.
(f) 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 PD2016_009, as amended from time to time.
(g) 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.
(h) 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.
(i) The
employer and the employee shall comply with the procedures set out in the NSW
Health Services Salary Packaging Policy and Procedure Manual PD2016_009 as
amended from time to time.
SECTION 4. LEAVE ENTITLEMENTS
21. Annual Leave
(a) Annual Leave
shall be granted on completion of each 12 months service as follows:
(i) An
employee employed on a Monday to Friday basis - four weeks leave on full pay.
(ii) An employee
employed on duties which require him or her to work irregular hours on a seven
day per week basis, including work on Saturdays, Sundays and public holidays -
five weeks leave with seven week’s pay.
(b) In the event
that an employee’s employment has changed from a seven day per week basis to a
Monday to Friday basis or vice versa, then annual leave shall be calculated on
a pro rata basis.
(c) It is admitted
by the parties that the additional two weeks pay
payable to an employee employed on duties in accordance with paragraph (ii) of
subclause (a) of this clause has been provided in lieu of and in consideration
of public holidays being worked by employees or which have occurred on an
employee’s rostered day off.
(d) To the leave
prescribed by paragraph (i) of subclause (a) of this
clause, there shall be added one working day for each public holiday or special
public holiday proclaimed for the State of New South Wales which occurs during
a period of annual leave.
(e)
(i) 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 such leave may be postponed by mutual agreement between the parties
for a further period not exceeding six months.
(ii) Annual leave
shall be granted on a rotating roster basis provided that such rotation
complies with paragraph (i) of this subclause.
(ii) An employee
shall be eligible for annual leave when twelve months have elapsed since the
date on which the last annual leave would have begun if taken immediately it
had become due, or if the employee has not previously had Annual Leave since
the commencement of the employment.
(iii) Nothing in this
subclause shall prevent the Service, by agreement with the employee, from
allowing annual leave to an employee before a right to it has accrued but where
leave is taken in such a case, a further period of annual leave shall not
commence to accrue until the expiration of the twelve months in respect of
which annual leave was taken before it accrued. Provided that any leave taken
by an employee under this paragraph shall not exceed the amount of
proportionate annual leave standing to the credit of the employee at the time
of entering upon such leave.
(iv) At
least six months notice shall be given to
employees of the date on which they shall take their annual leave. Where an
employee has been notified that he or she is to take annual leave at a
specified time and that time is then altered by the Service the employee shall
be reimbursed any actual losses which result to him or her to the extent to
which deposits paid for travel and/or accommodation are not refunded.
(v) Employees may
exchange annual leave by mutual arrangement with the approval of the Service
provided that such exchange complies with paragraph (i)
of this subclause.
(f) Each employee
before going on annual leave shall be paid for the period of the leave at the
ordinary rate of wage to which he or she is entitled under this Award and such
payment shall be made before the employee commences annual leave.
(g) Notwithstanding
the provisions of subclause (f) of this clause, the Service agrees, subject to
at least 28 days prior written authorisation by the employee, to pay employees
Annual Leave entitlements on a fortnightly basis which coincides with the
normal fortnightly pay period.
(h) Where the
employment of an employee is terminated the employee shall be entitled to
receive a proportionate payment in respect of service of less than one year, at
the weekly wage to which such employee is entitled under this Award.
(i) Credit
of time towards an additional rostered leave day off duty shall not accrue when
an employee is absent during his or her four weeks annual leave as provided for
under the Annual Holidays Act 1944.
However, officers entitled to additional rostered leave days off duty in
accordance with clause 10, Roster Leave, of this Award, shall accrue credit
towards an additional rostered leave day off to employees in excess of the
above mentioned four weeks.
22. Annual Leave
Loading
(a) Employees who,
under the Annual Holidays Act 1944,
become entitled to annual leave under clause 21, Annual Leave, of this Award,
shall be paid in respect of such leave an annual leave loading of 17.5 per cent
of the appropriate ordinary weekly rate of pay prescribed in Table 1, Salaries,
of this Award, for the classification in which the employee was employed
immediately before commencing his/her annual leave. The 17.5 per cent annual
leave loading will apply to the following periods of annual leave, i.e.; in the
case of an employee employed on a Monday to Friday basis - four weeks, and for
seven day per week basis employees - five weeks, provided further that in no
instance is the calculated amount to exceed one thousand four hundred and
twenty-one dollars and zero cents ($1421.00) with effect from the first pay
period to commence on or after 1 July 2007.
(b) Such loading is
payable in addition to the pay for the period of leave given and taken and due
to the employee under this Award.
(c) No loading is
payable where the annual leave is taken wholly or partly in advance provided,
however, that if the employment of such an employee continues until the day upon
which he or she would have become entitled under this to such annual leave, the
loading then becomes payable in respect of the period of such leave and is to
be calculated in accordance with the rate of wages applicable on such day.
(d) Where the employment
of an employee is terminated by the Service for a cause other than misconduct
and at the time of termination the employee has not been given and has not
taken the whole of the annual leave to which he or she became entitled after 10
May 1974, he or she shall be paid the loading provided for in subclause (a) of
this clause for the period not taken.
(e) Except as
provided by subclause (d) of this clause, no loading is payable on the
termination of an employee’s employment.
(f) The annual
leave loading shall be paid before the employee commences annual leave.
(g) Notwithstanding
the provisions of subclause (f) of this clause, the Service agrees, subject to
at least 28 days prior written authorisation by the employee, to pay employees
Annual Leave loading on a fortnightly basis which coincides with the normal
fortnightly pay period.
23. Family and
Community Services Leave and Personal/Carer’s Leave
Employees shall be granted family and community services
leave and personal/carer’s leave in accordance with the provisions of Policy
Directive 2017_028 Leave Matters for the NSW Health Service, as amended or
replaced from time to time.
23A.
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.
24. Maternity,
Adoption and Parental Leave
This clause is to be read in conjunction with the provisions
of the NSW Health Policy Directive PD2017_028 Leave Matters for the NSW Health
Service and the Service’s Maternity Leave Operating Procedure PRO2018-002 or
subsequent replacements as amended or replaced from time to time.
A. Maternity Leave
(a) Eligibility for
Paid Maternity Leave
(i) Full-time
employees
Female employees who prior to the expected date of
birth, have completed at least forty (40) weeks continuous service (of not less
than 31.25 hours per week) are eligible for paid maternity leave.
(ii) Permanent
part-time employees
Permanent part-time employees are employees engaged on
a permanent part-time basis as defined by their Award. Female employees
employed on this basis are entitled to pro-rata paid maternity leave after
forty (40) weeks continuous service.
(iii) An employee who
has once met conditions for paid maternity leave will not be required to again
work the forty (40) weeks continuous service in order to qualify for a further
period of paid maternity leave, unless:
(1) there has been
a break in service where the employee has been re-employed or re-appointed
after resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(2) the employee has completed a period of leave without pay of
more than forty (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.
(b) Entitlements to
Paid Maternity Leave
(i) Eligible
employees are entitled to fourteen (14) weeks at the ordinary rate of pay from
the date maternity leave commences. This leave may commence up to fourteen (14)
weeks prior to the expected date of birth.
(ii) 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 (28) 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.
(iii) Should an
employee return to duty during the period of paid maternity leave, such paid
leave ceases from the date duties are resumed.
(c) Entitlements To Unpaid Maternity Leave
(i) An
employee entitled to paid maternity leave is entitled
to a further period of unpaid maternity leave of not more than twelve (12)
months from the actual date of birth. The leave therefore does not extend
beyond the child’s first birthday.
(ii) Full-time or
permanent part-time female employees who are not eligible for paid maternity
leave are entitled to unpaid maternity leave of not more than 12 months.
(d) Applications
for Maternity Leave
(i) An
employee who intends to proceed on maternity leave should formally notify their
Divisional Manager (in writing) of such intention as early as possible however,
not less than eight (8) weeks prior to the commencement of leave. This notice
must include a statement of:
(1) The intention
to proceed on maternity leave;
(2) The expected
date of birth certified by a medical practitioner;
(3) The period of
leave to be taken;
(4) The date on
which maternity leave is to commence;
(5) A Statutory
Declaration stating any period of parental leave sought or taken by the employee’s
spouse. This declaration must also state that the applicant is the child’s
primary caregiver for the period of leave sought.
(6) The entitlement
to maternity leave is reduced by any period of parental leave taken by the
employee’s spouse. Apart from parental leave of one (1) week at the time of
birth, maternity leave is not to be taken concurrently with parental leave
except as otherwise provided at subclause (a)(i) of
Part D of this clause.
(e) Applications
for Further Maternity Leave
(i) 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.
(ii) An employee who
commences a subsequent period of maternity leave while on unpaid maternity
leave under subparagraph (c)(i) of subclause A of
this clause or subparagraph (a)(ii) of subclause 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).
(iii) 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 subparagraph (a)(iii)
of subclause D of this clause is entitled to be paid at their substantive
full-time rate for the subsequent period of maternity leave.
(iv) An employee who
commences a subsequent period of maternity leave more than 12 months after
returning to duty on a part-time basis under subparagraph (a)(iii) of subclause
D of this clause, will be entitled to paid maternity leave for the subsequent
period of maternity leave at their part-time rate.
(f) Variations of
Maternity Leave
After commencing maternity leave, an employee may vary
the period of her maternity leave -
(i) once without the consent of the Service, but with a minimum
of fourteen (14) days notice in writing; and
(ii) otherwise with the consent of the Service, with a minimum of
fourteen (14) days notice in writing.
However, more advanced notice is encouraged, especially
for uniformed staff because of roster arrangements.
(g) 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.
(h) Effect of
Maternity Leave on Accrual of Leave, Increments, etc.
(i) Unpaid
maternity leave does not count as service for the purposes of accruing sick
leave (unless the period of unpaid leave is less than one month, although it is
unlikely that unpaid maternity leave would be for such a lesser period), annual
leave (unless the period of unpaid maternity leave is less than 28 calendar
days) or long service leave (unless the employee has completed ten years service and the period of unpaid maternity leave is
less than six months).
(ii) Unpaid
maternity leave is not to be counted as service for determining incremental
progression. 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.
Notwithstanding the foregoing, increments based on age must be paid on
attainment of the appropriate age.
(iii) During a period
of unpaid maternity leave the employee will not be required to meet the employer’s
superannuation liability. The employee will, however, be required to make any
necessary arrangements for their own contributions.
(iv) When the
employee has resumed duties, any period of full pay leave is counted in full
for the accrual of annual 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.
(v) Except in the
case of employees who have completed ten (10) 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 (10) years service, the period of maternity leave without pay
shall count as service provided such leave does not exceed six (6) months.
(vi) 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.
(i) Illness
Associated with Pregnancy
(i) 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 any sick leave without pay.
(ii) Where an
employee is entitled to paid maternity leave but, because of illness or injury,
is on workers’ compensation, sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave will cease nine (9) weeks prior to
the expected date of birth. The employee will then commence on maternity leave
with the normal provisions applying.
(j) Effect of
Premature Birth on Payment of Maternity Leave
An employee who gives birth
prematurely prior to proceeding on maternity leave, shall be treated as being
on maternity leave from the date she enters on leave to give birth to the
child.
(k) 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 or
maternity leave, subject to production of a medical certificate. She may resume
duty at any time provided she produces a doctor's certificate as to her
fitness.
(l) Miscarriage
In the event of a miscarriage, any absence from work is
to be covered by the current sick leave provisions.
(m) Fitness to
Continue Working During Pregnancy and Alternative Work
(i) Whilst
an employee may commence maternity leave up to fourteen (14) weeks, prior to
the expected date of birth, this is not compulsory. However, if an employee
decides to continue working prior to taking maternity leave, she must be able
to satisfactorily perform her normal duties.
(ii) Where, because
of an illness or risk associated with her pregnancy, an employee cannot carry
out the duties of her position, an employer is obligated, as far as
practicable, to provide alternative employment in some other position that she
is able to satisfactorily to perform, until maternity leave commences. 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.
(n) Right to Return
to Previous Position
(i) An
employee who returns to work after maternity leave has a right to return to her
former position.
(ii) 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 and/or qualified.
(o) Portability of
Service 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:
service was on a full-time or
permanent part-time (as specified) basis;
cessation of service with the
former employer was not by reason of dismissal on any ground, except
retrenchment or reduction of work;
the employee commences duty
with the new employer on the next working day after ceasing employment with the
former employer. (There may be a break in service of up to 2 months before
commencing duty with the new employer, provided that the new position was
secured before ceasing duty with the former 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.)
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.
B. Adoption Leave
(a) Eligibility for
Adoption Leave
(i) 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 entitled to unpaid adoption leave.
(ii) Employees who
are adopting a child and are to be the primary care giver of the child are
entitled to paid adoption leave as follows:
Full-time employees
Employees who, prior to the date of taking custody of
the child, have completed 40 weeks continuous service (of not less than 31.25
hours per week) are eligible for paid adoption leave.
Permanent part-time employees
Permanent part-time employees are employees engaged in
a permanent part-time basis as defined by their Award. These employees are
entitled to pro-rata paid adoption leave after forty (40) weeks continuous
service.
(iii) An employee who
has once met conditions for paid adoption leave will not be required to again
work the forty (40) weeks continuous service in order to qualify for a further
period of paid adoption leave, unless:
(1) there has been
a break in service where the employee has been re-employed or re-appointed
after resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(2) the employee has completed a period of leave without pay of
more than forty (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.
(b) Entitlements
(i) Paid
Adoption Leave
Eligible employees are entitled to fourteen (14) weeks at
the ordinary rate of pay. This leave may commence from 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 (28) 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.
(ii) 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.
(c) Applications
for Adoption Leave
(i) 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, normally 8 weeks prior.
This will allow arrangements associated with the adoption leave to be made.
(ii) A statement
must also be provided from the adoption agency or appropriate body/government
authority confirming that the applicant/ employee is to have custody and the
expected date of placement of the child.
(d) Applications for
Further Adoption Leave
Same provisions as maternity leave.
(e) Variations
of Adoption Leave
Same provisions as maternity leave.
(f) Staffing
Provisions
Same provisions as maternity leave.
(g) Effect of
Adoption Leave on Accrual of Leave, Increments, etc.
Same provisions as maternity leave.
(h) Right to Return
to Previous Position
Same provisions as maternity leave.
(i) Portability
of Service for Paid Adoption Leave
Same provisions as maternity leave.
C. Parental Leave
(a) Eligibility for
Parental Leave
(i) Full-time
employees
Employees who, prior to the expected date of birth or
to the date of taking custody of the child, have completed 40 weeks continuous
service (of not less than 31.25 hours per week) are eligible for parental
leave.
(ii) Permanent
part-time employees
Permanent part-time employees are employees engaged in
a permanent part-time basis as defined by their Award. These employees are
entitled to pro-rata paid parental leave after forty (40) weeks continuous
service.
(iii) An employee who
has once met conditions for parental leave will not be required to again work
the forty (40) weeks continuous service in order to qualify for a further
period of parental leave, unless:
(1) there has been
a break in service where the employee has been re-employed or re-appointed
after resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(2) the employee has completed a period of leave without pay of
more than forty (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.
(b) 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:
(i) 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).
(ii) 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.
(iii) a further unbroken period of unpaid parental leave not
exceeding 52 weeks when added to short parental leave in order to be the
primary caregiver of the child (extended parental leave).
(iv) 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 otherwise provided at subparagraph
(a)(i) of subclause D of this clause.
Annual and/or long service leave credits can be
combined with periods of parental leave at half pay to enable an employee to
remain on full pay for that period.
(c) Applications
for Parental Leave
(i) 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.
(ii) The employee
should give written notice of the intention to take the leave, at least four
weeks before proceeding on leave, and should detail the dates on which they
propose to start and end the period of leave. 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.
(iii) 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.
(iv) In
the case of extended parental leave, the employee must, before the start
of leave, provide a statutory declaration by the employee stating:
if applicable, the period of
any maternity leave sought or taken by his spouse, and
that they are seeking the
period of extended parental leave to become the primary caregiver of the child.
(d) Variations of
Parental Leave
Same provisions as maternity leave.
(e) Staffing
Provisions
Same provisions as maternity leave.
(f) Effect of
Parental Leave on Accrual of Leave, Increments, etc.
Same provisions as maternity leave.
(g) Right to Return
to Previous Position
Same provisions as maternity leave.
(h) Portability of
Service for Paid Parental Leave
Same provisions as maternity leave.
D. Right to
Request
(a) An employee
entitled to maternity, adoption or parental leave may request the employer to
allow the employee:
(i) to extend the period of simultaneous parental leave use up
to a maximum of eight weeks;
(ii) to extend the
period of unpaid maternity, adoption or extended parental leave for a further
continuous period of leave not exceeding 12 months;
(iii) 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.
(b) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c) The employee’s
request and the employer’s decision made under subparagraphs (a)(ii) and (iii) of this subclause must be recorded in
writing.
(d) Where an
employee wishes to make a request under subparagraph (a)(iii)
of this Part:
(i) the employee is to make an application for leave without pay
to reduce their full-time weekly hours of work;
(ii) 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;
(iii) salary and other conditions of employment are to be adjusted
on a basis proportionate to the employee’s fulltime hours, that is for long
service leave the period of service is to be converted to the full-time
equivalent and accredited accordingly.
E. Communication During Leave
(a) 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:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing leave; and
(ii) provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of leave to be
taken, whether the employee intends to request to return to work on a part-time
basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a) of this
subclause.
24A.
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.
25. Study Leave
Employees shall be granted Study Leave on such terms and
conditions as prescribed by Section 6 of Policy Directive PD2017_028 Leave Matters
for the NSW Health Service, as amended or replaced from time to time.
26. Trade Union Leave
Employees shall be granted Trade Union Leave on such terms
and conditions prescribed by the Department’s Policy Directive 2017_028, Leave
Matters for the NSW Health Service, as amended or replaced from time to time.
27. Long Service Leave
(a) Employees shall
be granted long service leave on such terms and conditions as may be applicable
from time to time to officers employed under the provisions of the Government Sector Employment Act 2013,
and the regulations made there under. This includes the taking of long service
leave on half pay.
(b) Where an
employee has accrued a right to an additional rostered leave day off duty on
pay prior to entering a period of long service leave such day shall be taken on
the next working day immediately following the period of long service leave.
(c) An employee
returning to duty from long service leave shall be given the next additional
rostered leave day off duty in sequence irrespective of whether sufficient
credits have been accumulated or not.
28. Sick Leave
(a) If the Service
is satisfied that an employee is unable to perform his or her duties on account
of illness, not attributable to the employee’s misconduct, it shall grant to
such employee leave of absence on full pay for a period or periods as follows:
(i) All
employees shall be entitled to sick leave for a period or periods not exceeding
in the aggregate of 114 hours in any period of twelve months.
(ii) In the event
of an employee not taking the full period of 114 hours in any period of twelve
(12) months, the untaken period of such leave shall accumulate. A maximum of 76
hours of the untaken hours in each period of twelve (12) months shall
accumulate in respect of available sick leave which accumulated prior to 20
June 1980.
(iii) Periods of less
than thirty eight (38) hours shall not be re-credited to employees who are sick
whilst on Annual or Long Service Leave.
(b)
(i) The
Service shall not, with the sole object of avoiding obligations under this
clause, terminate the services of an employee who is unable to perform his or
her duties on account of illness and who is entitled to sick leave under this
clause.
(ii) The employee
shall notify the Service, where practicable, of his or her inability to attend
for duty at least four (4) hours but in any case no less than one (1) hour
before the commencement time of duty and inform the Service as far as possible
the estimated duration of same.
(c) All periods of
sickness shall be certified by a legally qualified Medical Practitioner,
provided however, that the Service may dispense with the requirements of a
medical certificate where the absence does not exceed two (2) consecutive days
or where, in the Service's opinion, circumstances are such as not to warrant
such requirements.
(d) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to accident pay or workers' compensation,
provided, however, that where an employee is not in receipt of accident pay,
the Service shall pay to an employee, who has sick leave entitlements under
this clause, the difference between the amount received, as workers'
compensation and full pay. The employee’s sick leave entitlement under this
clause shall, for each week during which such difference is paid, be reduced by
the proportion of hours which the difference bears to full-time hours. On the
expiration of available sick leave, weekly workers compensation payments only
shall be payable.
(e) Any
accumulation of sick leave standing to the credit of an employee at the date of
commencement of this Award, shall be added to the
leave which is accumulated pursuant to paragraph (ii) of subclause (a) of this
clause.
SECTION 5. MISCELLANEOUS
29. Uniforms
(a)
(i) The
Service shall provide each new employee with sufficient, suitable and
serviceable uniforms as determined by the Service.
(ii) Uniforms
provided shall be replaced by the Service upon condemnation in equivalent
numbers.
(iii) The Service
shall provide any other special clothing which the Service requires an employee
to wear.
(iv) Articles
of clothing issued under paragraphs (i) and (iii) of
this subclause remain the property of the Service and shall be returned by the
employee upon request by the Service.
(b) Any request for
uniform replacement by the Service or an employee will not be unreasonably
refused. In the event of refusal the provision of clause 32, Issues Resolution,
of this Award, shall apply.
(c) Employees
required to wear a uniform shall be paid a laundry allowance as prescribed in
Table 2 - Allowances, of Section 7, Monetary Rates.
30. Union
Subscriptions
The Service agrees, subject to prior written authorisation
by the employee, to deduct Union subscriptions from the pay of the authorising
employee.
31. Accommodation
(a) Officers, who
at 9 December 2010 receive accommodation quarters rent free or payment for accommodation, will have the following entitlements whilst
they remain in their current position and in their current location:
(i) the entitlement to accommodation quarters rent free or
payment for accommodation will cease 12 months after 23 December 2010;
(ii) after that time, any officer who elects to remain in an
Ambulance Service residence will be required to pay half market rental for a
period of 12 months and full market rental thereafter.
(iii) Managers’
availability for operational responses is not altered by the agreed variation
to this clause.
SECTION 6. AWARD PARAMETERS
32. Issues Resolution
(a) The parties
must:
(i) Use
their best endeavours to cooperate in order to avoid grievances and disputes
arising between the parties or between the Service and individual employee(s);
(ii) Abide by the
procedures set out in this clause to resolve any issue which might arise; and
(iii) Place emphasis
on negotiating a settlement of any issue at the earliest possible stage in the
process.
(b) In this clause
"issue" means any question, issue, grievance, dispute or difficulty
which might arise between the parties about:
(i) The
interpretation, application or operation of this Award; or
(ii) Any allegation
of discrimination in employment within the meaning of the Anti-Discrimination Act 1977 (NSW) which is not covered by
established policies and procedures applicable to the Service, regardless of
whether the issue relates to an individual employee or to a group of employees.
(c) Any issue, and
in the case of a grievance or dispute any remedy sought, must be discussed in
the first instance by the employee(s) (or the Union on behalf of the
employee(s) if the employee(s) so request) and the immediate supervisor of that
employee(s).
(d) If the issue is
not resolved within a reasonable time it must be referred by the employee(s)
immediate supervisor to his or her Supervisor (or his or her nominee) and may
be referred by the employee(s) to the Union Organiser for the Service.
Discussions at this level must take place and be concluded within two working
days of referral or such extended period as may be agreed.
(e) If the issue
remains unresolved, it may be referred by any of the parties to more senior
officials of the Union who must then confer with the General Manager Operations
(and/or his or her nominee(s)) of the Service. The conclusions reached by those
representatives must be reported to the parties within two working days of
referral or such extended periods as may be agreed.
(f) If these
procedures are exhausted without the issue being resolved, or if any of the
time limits set out in those procedures are not met, parties may seek to have
the matter mediated by an agreed third party, or the matter may be referred, in
accordance with the provisions of the Industrial
Relations Act 1996 (NSW), to the Industrial Relations Commission for its
assistance in resolving the issue.
(g) Unless agreed
otherwise by the parties the status quo before the emergence of the issue must
continue whilst these procedures are being followed. For this purpose "status
quo" means the work procedures and practices in place:
(i) immediately before the issue arose; or
(ii) Immediately
before any change to those procedures or practices, which caused the issue to
arise, was made.
The Service must ensure that all practices applied
during the operation of these procedures are in accordance with safe working
practices.
(h) Throughout all
the stages of these procedures adequate records must be kept by the parties of
all discussions.
(i) These
procedures are to be facilitated by the earliest possible advice by one party
to the other of any issue or problem which may give rise to a grievance or
dispute.
(j) All matters in
dispute arising out of the application of this Award may be referred to a Disputes
Committee consisting of not more than six (6) members with equal representation
of the Corporation and the Union. Such Committee shall have the power to
investigate all matters in dispute and report to the Corporation and the Union,
respectively, with such recommendation as it may think right and in the event
of no mutual decision being arrived at by the Committee, the matter in dispute
may be referred to the Industrial Relations Commission of N.S.W.
33.
Anti-Discrimination
(a) 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.
(b) 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.
(c) 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.
(d) Nothing in this
clause is to be taken to affect:
(i) Any
conduct or act which is specifically exempted from anti-discrimination
legislation;
(ii) Offering or
providing junior rates of pay to persons under 21
years of age;
(iii) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(iv) A
party to this Award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
(e) 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 -
(i) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(ii) 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."
34. Benefits Not To Be
Withdrawn
Except in so far as altered expressly or by necessary
implication, nothing in his Award shall in itself, be deemed or be construed to
reduce the wages of any employee at the date of the commencement of this Award.
35. 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.
36. Area, Incidence
and Duration
(a) This Award
rescinds and replaces the Operational Ambulance Managers (State) Award
published 14 December 2018 (383 I.G. 1246) effective 1 July 2017 and all
variations thereof.
(b) This Award
shall apply to persons employed in classifications contained herein employed by
the Ambulance Service of New South Wales.
(c) This Award
takes effect from 1 July 2018 and shall remain in force for a period of one
year.
SECTION 7. MONETARY RATES
Note: All rates contained in the following tables are
effective from the first full pay period commencing on or after the date listed
in the table.
Table 1 - Salaries
Classification
|
Rates from first full
|
|
pay period on or after
|
|
01/07/2018
|
|
2.5%
|
|
$ per annum
|
Operational
Manager
|
|
Level 1
|
|
Min
|
109,162
|
Max
|
114,362
|
Level 2
|
|
Min
|
111,758
|
Max
|
132,557
|
Level 3
|
|
Min
|
129,954
|
Max
|
148,149
|
Level 4
|
|
Min
|
145,547
|
Max
|
174,143
|
Level 5
|
|
Min
|
171,540
|
Max
|
192,337
|
Operations
Centre Manager
|
|
Level 1
|
|
Min
|
106,362
|
Max
|
111,426
|
Level 2
|
|
Min
|
108,891
|
Max
|
129,152
|
Level 3
|
|
Min
|
126,619
|
Max
|
144,346
|
Level 4
|
|
Min
|
141,810
|
Max
|
169,671
|
Level 5
|
|
Min
|
167,136
|
Max
|
187,398
|
Table 2 - Allowances
Item No
|
Clause
|
Brief Description
|
Rate from first
full
|
|
|
|
pay period on or
after
|
|
|
|
01/07/2018
|
|
|
|
$
|
1
|
16
|
Climatic and Isolation Allowance (a)*
|
4.60
|
2
|
16
|
Climatic and Isolation Allowance (b)*
|
9.30
|
3
|
29
|
Laundry Allowance
|
(per week)*
|
13.30
|
|
|
|
|
|
* Rate moves independently to Award wage increase.
J.
V. MURPHY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.