Nursing Homes, &c., Nurses' (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 288708 of 2018)
Before Chief Commissioner Kite
|
9 November 2018
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject
Matter
1. Definitions
2. Hours of
Work and Free Time of Employees Other Than Directors
of Nursing
3. Hours of
Work and Free Time of Directors of Nursing
4. Remuneration
Packaging
5. Rosters
6. Salaries
7. Recognition
of Service and Experience
8. Average
Occupied Beds
9. Special
Allowances
10. Continuing
Education Allowance
11. Climatic
and Isolation Allowance
12. Penalty
Rates for Shift Work and Weekend Work
13. Expense
Allowance for Directors of Nursing
14. Telephone
Allowance
15. Public
Holidays
16. Uniform and
Laundry Allowance
17. Higher
Grade Duty
18. Overtime
19. Payment and
Particulars of Salaries
20. Proportion
21. Part-time,
Casual and Temporary Employees
22. Annual
Leave
23. Annual
Leave Loading
24. Sick Leave
25. Long
Service Leave
26. Compassionate
Leave
26A. Parental
Leave
27. Personal/Carer’s
Leave
28. Staff
Amenities
29. Labour
Flexibility
30. Medical
Examination of Nurses
31. Escort Duty
32. Deputy
Director of Nursing and Assistant Director of Nursing
33. Nursing
Unit Managers
34. Fares and
Expenses
35. Registration
or Enrolment Pending
36. Termination
of Employment
37. Award
Benefits to be Continuous
38. Special
Provisions Relating to Trainee Enrolled Nurses
39. Trainee Enrolled
Nurse
40. Right of
Entry
41. Lifting
Weights
42. Attendance
at Meetings and Fire Drills
43. Training
for Nurses
44. Resolution
of Disputes
45. Anti-Discrimination
46. Enterprise
Arrangements
47. Exemptions
48. Leave
Reserved
49. Secure
Employment
50. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
Table 3 - Continuing Education Allowances
PART A
1. Definitions
The following definitions apply in this award, except where
otherwise clearly indicated.
(i) "Assistant
in Nursing" means - a person, other than a registered nurse, trainee or
enrolled nurse who is employed in nursing duties in a facility.
(ii) "Assistant
Director of Nursing" means:
(a) A person
appointed as such in any sized facility and includes a person appointed as the
nurse in charge during the evening or night in a facility where the adjusted
daily average of occupied beds is not less than 150.
(b) A person
appointed as such to a position approved by the employer including persons
appointed to be in charge of a ward or group of wards.
(iii) "Association"
means - the New South Wales Nurses and Midwives' Association.
(iv) "Board"
means - the Nursing and Midwifery Board of Australia.
(v) "Clinical
Nurse Consultant" means - a registered nurse appointed as such to the
position, who has had at least five years' post registration experience and who
has in addition approved post registration nursing qualifications relevant to
the field in which they are appointed or such other qualifications or
experience deemed appropriate by the employer.
(vi) "Clinical
Nurse Educator" means - a registered nurse with relevant post registration
certificate qualifications or experience deemed appropriate by the employer,
who is required to implement and evaluate educational programmes at the nursing
home.
The Clinical Nurse Educator shall cater for the
delivery of clinical nurse education at the nursing home.
The Clinical Nurse Educator may also be responsible for
new employee orientation at the nursing home.
A nurse will achieve Clinical Nurse Educator status on
a personal basis by being required by the nursing home to provide the
educational programmes detailed above.
Nothing in this clause shall affect the role carried
out by the Clinical Nurse Specialist as a specialist resource and the Clinical
Nurse Consultant in the primary role of clinical consulting, researching etc.
(vii) "Clinical
Nurse Specialist":-
(a) In facilities
of 250 ADA and above, the definition of a Clinical Nurse Specialist is:
"Clinical Nurse Specialist" means - a
registered nurse with specific post registration qualifications and twelve
months experience working in the clinical area of her/his specified post
registration qualification; or a registered nurse with four years post
registration experience in a specific clinical area and working in the clinical
area of her/his specified post registration experience.
(b) In facilities
of less than 250 ADA the definition for Clinical Nurse Specialist is:
"Clinical Nurse Specialist" means - a
registered nurse with specific post registration qualifications and twelve
months experience working in the clinical areas of her/his specified post
registration qualification.
(viii) "Day
Worker" means - a worker who works her/his ordinary hours from Monday to
Friday inclusive and who commences work on such days at or after 6.00 am and
before 10.00 am, otherwise than as part of the shift system.
(ix) "Deputy
Director of Nursing" means - a person appointed to that position or deemed
to hold that position pursuant to clause 32, Deputy Director of Nursing and
Assistant Director of Nursing, of this award.
(x) "Director
of Nursing" means a registered nurse who is registered by her/his employer
with the Health Administration Corporation as the person in charge of the
facility. There shall be only one person in each facility entitled to be
classified as Director of Nursing or whatever title the senior nursing
administrator is known by in the individual facility and shall include
"Director of Nursing" as defined by Division 4, 104 (3) of the Public
Health Act 2010,.
(xi) "Enrolled
Nurse" means - a person enrolled by the Board as such.
(xii) "Experience"
in relation to an enrolled nurse or assistant in nursing means experience both
before and/or after the commencement of this award whether within New South
Wales or elsewhere and in the case of an enrolled nurse or assistant in nursing
who was formerly a student nurse includes experience as such student nurse.
(xiii) "Facility"
means - a nursing home or residential aged care facility
(xiv) "Industry of
Nursing" means - the industry of persons engaged in New South Wales in the
profession of nursing in nursing homes and hostels.
(xv) "Nurse"
includes Registered Nurses, Enrolled Nurses and Assistants in Nursing.
(xvi) "Nurse
Educator" means - a registered nurse with a post registration certificate,
who has relevant experience or other qualifications deemed appropriate by the
employer, and who is appointed to a position of Nurse Educator.
A Nurse Educator shall be responsible for the
development, implementation and delivery of nursing education programmes within
a nursing home or group of nursing homes. Nurse education programmes shall mean
courses conducted such as post registration certificates, continuing nurse
education, orientation programmes including new graduate programmes, post
enrolment courses for enrolled nurses and where applicable general staff
development courses.
A person appointed to a position of Nurse Educator who
holds relevant tertiary qualifications in education or tertiary postgraduate
specialist clinical nursing qualifications shall commence on the 3rd year rate
of the salary scale.
A person appointed as the sole nurse educator for a
group of nursing homes shall be paid at the 3rd year rate of the salary scale.
Incremental progression for Nurse Educators shall be on
completion of 12 months satisfactory full-time equivalent service, provided
that progression shall not be beyond the 3rd year rate unless the person
possesses the qualifications detailed in the two previous paragraphs. Persons appointed to the 3rd year rate by
virtue of paragraphs 3 and 4 above shall progress to the 4th year rate after
completion of 12 months satisfactory full time service.
(xvii) "Nursing
Home" means a facility at which residential care (within the meaning of
the Aged Care Act 1997 of the
Commonwealth) is provided, being:
(a) a facility at
which care is provided in relation to an allocated place (within the meaning of
that Act) that requires a high level of residential care (within the meaning of
that Act), or
(b) a facility that belongs to a class of facilities prescribed
by the regulations
(xviii) "Registered
Nurse" means - a person registered by the Board as such.
(xix) "Senior
Nurse Educator" means - a registered nurse with a post registration
certificate or appropriate qualifications, who has, or is working towards,
recognised tertiary qualifications in education or equivalent and has
demonstrated experience and skills in the field of education, and who is
appointed to a position of Senior Nurse Educator.
A Senior Nurse Educator shall be responsible for one or
more Nurse Educators in the planning, co-ordination, delivery and evaluation of
educational programmes such as post registration certificate courses,
continuing nurse education, orientation programmes including new graduate
programmes, post enrolment courses for enrolled nurses and where applicable
general staff development courses either in a nursing home or in a group of
nursing homes.
Incremental progression shall be on completion of 12
months' satisfactory service.
(xx) "Service"
for the purpose of clause 6, Salaries, of this award, means - service before or
after the commencement of this award in New South Wales or elsewhere as a
registered nurse, plus any actual periods on and from 1 January 1971, during
which a registered nurse undertook a prescribed geriatric, infants', midwifery,
mothercraft or psychiatric training course, or attended a post-graduate course
recognised by the Board whether in New South Wales or elsewhere; provided that
in the case of service elsewhere than in New South Wales where the period of
the prescribed course of training is less than the period of the prescribed
course of training in New South Wales, the nurses shall serve a period after
graduation equal to the difference between the period of the prescribed course
elsewhere than in New South Wales and the period of the prescribed course in
New South Wales before becoming entitled to be paid as a registered nurse,
general nurse, geriatric nurse, infants' nurse, midwifery nurse, mothercraft
nurse or psychiatric nurse as the case may be.
(xxi) "Shift
Worker" means - a worker who is not a day worker as defined.
(xxii) "Trainee
Enrolled Nurse" means - a person who is being trained to become an
enrolled nurse in a nursing home recognised by the Board for that purpose.
2. Hours of Work and
Free Time of Employees Other Than Directors of Nursing
(i) The
ordinary hours of work for day workers, other than Directors of Nursing,
exclusive of meal times, shall be 152 hours per 28 calendar days, to be worked
Monday to Friday, inclusive, and to commence on such days at or after 6.00 a.m.
and before 10.00 a.m.
(ii) The ordinary
hours of work for shift workers, other than Directors of Nursing, exclusive of
meal times, shall not exceed an average of 38 hours per week in each roster
cycle.
(iii)
(a) The hours of
work prescribed in subclauses (i) and (ii) of this
clause shall, where possible, be arranged in such a manner that in each roster
cycle of 28 calendar days each employee shall not work his/her ordinary hours
of work on more than 19 days in the cycle.
(b) Notwithstanding
the provision of paragraph (a) of this subclause, employees may, with the
agreement of the employer, work shifts of less than
eight hours each over 20 days in each cycle of 28 days.
(c) Provided
that on the occasion of an employee's written request, and with the consent of
the employer, a 9.5-day fortnight may be worked instead of the 19-day month.
NOTE: This subclause is designed to ensure that rosters
achieve increased leisure time for nurses, rather than reduced daily hours.
This can be achieved by the working of shifts of longer than eight hours per
day, with the result that less than 19 days are worked in 28, but without the
accrual of an additional day off, as well as by the working of a 19-day month
with an accrued additional day off.
(iv) Each shift shall
consist of no more than ten hours on a day shift or 11 hours on a night shift
with not less than eight hours break between each shift; provided that an
employee shall not work more than seven consecutive shifts unless the employee
so requests and the Director of Nursing agrees. Provided also that an employee
shall not work more than two quick shifts in any period of seven days, i.e., an
evening shift followed by a morning shift, where the break between ordinary
shifts is less than ten hours.
(v) The employer is
to decide when employees take their additional days off prescribed in subclause
(iii) of this clause (as a consequence of the implementation of the 38-hour
week). Where necessary, the employer must consult with the affected employees
to ascertain the employees’ preferences and must take any such preferences into
account when arriving at a decision. Where practicable,
additional days off duty shall be consecutive with the rostered days off duty
prescribed in subclause (xiv) of this clause.
(vi) Once
set, the additional day off duty may not be changed, except in accordance with
the provisions of clause 5, Rosters.
(vii) Where the
employer’s decision (in accordance with subclause (v) of this clause) is that
an employee’s additional days off be accumulated, no more than six days may be
accumulated in any one year of employment. By mutual agreement this may be
extended to no more than 12 days at any one time.
(viii)
(a) Except for
breaks for meals, the hours of duty each day shall be continuous.
(b) "Broken
shift" for the purposes of this subclause means a shift worked by a
permanent part-time employee that includes a break (other than a meal break) of
not more than four hours and where the span of hours is not more than 12 hours.
(c) Notwithstanding
paragraph (a) above and subclause (iv) of this clause,
an employer association representing an employer may apply to the Association
for permission to implement broken shifts.
(d) Broken shifts
may be worked without the permission of the Association, but only where:
(1) it is for a period of one month or less; and
(2) it is by reason
of an emergency in the roster, e.g., absence of another employee due to sick
leave, annual leave on short notice or resignation; and
(3) the affected employees agree to work the broken shifts.
(ix)
(a) Each employee
shall be allowed a break of not less than 30 minutes and not more than 60
minutes for each meal occurring on duty.
(b) Where
practicable, employees shall not be required to work more than five hours
without a meal break.
(x) Two separate
ten-minute intervals (in addition to meal breaks) shall be allowed each
employee on duty during each ordinary shift of 7.6 hours or more; where less
than 7.6 ordinary hours are worked, employees shall be allowed one ten-minute
interval in each four-hour period. Subject to agreement between the employer
and the employee, such intervals may alternatively be taken as one 20-minute
interval, or as one ten-minute interval with the employee allowed to proceed
off duty ten minutes before the completion of the normal shift finishing time.
Such interval(s) shall count as working time.
(xi) Subclauses (ix)
and (x) of this clause shall not apply to an employee who, before going on
night duty, is provided with a meal between 9.00 p.m. and 11.00 p.m. and who is
allowed two intervals of 20 minutes each during the period of night duty, but
such intervals shall count as working time and shall be paid for as such.
(xii)
(a) Except as
provided for in paragraph (b) of this subclause, an employee shall not be
employed on night duty for a longer period than eight consecutive weeks. After
having served a period of night duty, an employee shall not be required to
serve a further period on night duty until he or she has been off night duty
for a period equivalent to the previous period on night duty.
(b) The provisions
of paragraph (a) shall not apply to an Assistant Director of Nursing, a Nursing
Unit Manager or a registered nurse in charge, as the case may be, who is
employed permanently in charge at night, nor to an employee who requests to be
employed on night duty and the Director of Nursing consents.
(c) Moreover,
except in cases of emergency, a trainee enrolled nurse shall not be employed on
night duty for more than ten weeks in any one year of training nor shall a
trainee enrolled nurse who is sitting for his or her final examination be
required to perform night duty during a period of at least two weeks prior to
the respective examination or on the two nights following such examination.
(xiii) An employee
changing from night duty to day duty or from day duty to night duty shall be
free from duty during the 20 hours immediately preceding the commencement of
the changed duty.
(xiv)
(a) Each employee
shall be free from duty for not less than two full days in each week or four
full days in each fortnight or eight full days in each 28-day cycle and no
duties shall be performed by the employee on any of such free days except for
overtime. Where practicable, days off shall be consecutive and shall not be
preceded by an evening shift or a night shift unless an additional eight hours
are granted as sleeping time. An evening shift shall be one which commences at
or after 1.00 p.m. and before 4.00 p.m.
(b) An employee, at
his or her request, may be given free-from-duty time in one or more periods but
no period shall be less than one full day.
(c) For the purpose
of this subclause, "full day" means - from midnight to midnight or
midday to midday.
(xv)
(a) Employees may
be required to remain "on call". Any such time on call shall not be
counted as time worked (except insofar as an employee may take up actual duty
in response to a call), but shall be paid for in accordance with clause 9,
Special Allowances. Provided, however, that no employee shall be required to
remain on call whilst on leave or on the day before entering upon leave.
(b) No employee
shall be required to remain on call while on a rostered day or days off nor on completion of the shift on the day preceding a
rostered day off. This provision shall not apply where in special circumstances
it is necessary for an employer to place staff on call on rostered days off or
on completion of the shift on the day preceding a rostered day off in order to
ensure the provision of services.
(xvi) All rostered time
off duty occupied by a trainee enrolled nurse in attendance at lectures and
demonstrations given in the course of instruction in the theory and practice of
nursing or during the time necessarily occupied in attending at and sitting for
prescribed examinations shall be deemed to be time worked.
(xvii) The provisions of
paragraphs (a) and (b) of subclause (xii) and of subclause (xiii) and of
paragraph (a) of subclause (xiv) of this clause, shall not apply if the
employee is required to perform duty to enable the nursing service of the
employer to be carried on or where another employee is absent from duty on
account of illness or in an emergency.
3. Hours of Work and
Free Time of Directors of Nursing
(i) A
Director of Nursing shall be free from duty for not less than nine days in each
28 consecutive days and such days free from duty may be taken in one or more
periods.
(ii) If any of the
days mentioned in subclause (i) of this clause cannot
be taken by reason of emergency, such day or days shall be given and taken
within 28 days of becoming due.
(iii) A Director of
Nursing shall, where practicable, inform his/her employer by giving not less
than seven days' notice of the days he/she proposes to be free from duty;
provided that such days shall be subject to the approval of the employer, and
such approval shall not be unreasonably withheld.
4. Remuneration
Packaging
(i) Where
an employer intends to offer remuneration packaging generally to employees
under this award, the employer shall notify the Association at least 21 days
prior to making that general offer that it intends to make a general offer of
remuneration packaging to employees under this award.
(ii) Where the
employer offers remuneration packaging to an individual employee, the employer
shall allow the employee a period of no less than 21 days to seek independent
advice on the terms of the proposed remuneration packaging.
(iii) Remuneration
packaging shall be introduced by agreement between an employer and the
employee. Neither the employee nor the employer shall be compelled to enter
into a salary packaging arrangement. Employees may exercise their rights to
continue to receive their applicable salary.
(iv) The
terms and conditions of a package offered to an employee shall not, when viewed
objectively, be less favourable than the entitlements otherwise available under
the award and shall be subject to the following provisions:
(a) The employer
shall ensure that the structure of any package complies with taxation and other
relevant laws.
(b) All award
conditions, other than the salary and those conditions as agreed in paragraph
(c) below shall continue to apply.
(c) Where packaging
arrangements apply with a Director of Nursing (DON) or a Deputy Director of
Nursing (DDON), the employer and employee may by mutual agreement delete the
application of certain award clauses, excepting clauses 22 Annual Leave, 24
Sick Leave, 25 Long Service Leave and 27 Personal/Carer’s Leave.
(d)
(i) Employees
will have the Superannuation Guarantee Contribution (SGC) calculated on their
award salary prior to the application of any remuneration packaging
arrangements.
(ii) Employers
shall, by no later than 31 December 2002, renegotiate any remuneration package
in operation prior to 13 November 2002, where such package includes a SGC
calculated on less than their pre-packaged award salary. The package must
provide for future SGC contributions to be based on the pre-packaged award
salary.
(v) A copy of the
agreement shall be made available to the employee.
(vi) The
employee shall be entitled to inspect details of the payments made under the terms
of this agreement.
(vii) The
configuration of the remuneration package shall remain in force for the period
agreed between the employee and the employer.
(viii) Where at the end
of the Fringe Benefit Tax year the full amount allocated to a specific benefit
has not been utilised, it will be paid as salary, which will be subject to
appropriate taxation requirements. By agreement between the employer and the
employee, any unused benefit may be carried forward to the next period on the
basis that any FBT obligation is accepted by the employee.
(ix) In the event
that the employer ceases to attract exemption from payment of Fringe Benefit
Tax, the employer may terminate all remuneration packaging arrangements and the
employee's salary will revert to the applicable award classification rate the
employee would have been entitled to receive but for the remuneration packaging
agreement.
(x) One months notice by either party is required for change or
termination of a remuneration packaging agreement, unless the change or
termination is brought about by legislation or an increase to the award wage.
(xi) In the event
that the employee ceases to be employed by the employer this agreement will
cease to apply as at the date of termination. Benefits not paid on or before
the date of termination shall be treated as salary and the appropriate tax
deducted.
(xii) Pay increases
granted to employees in accordance with this award shall also apply to
employees subject to remuneration packaging arrangements.
(xiii) Any allowance,
penalty rate, overtime, payment for unused leave entitlements, other than any
payments for leave taken whilst employed, shall be calculated by reference to
the salary which would have applied to the employee in the absence of any
remuneration packaging arrangements.
5. Rosters
(i) The
ordinary hours of work for each employee, other than the Director of Nursing,
shall be displayed on a roster in a place conveniently accessible to employees.
(ii) The roster
shall, where practicable, be displayed at least two weeks,
and in any event not less than one week, prior to the commencing date of the
first working period in the roster.
(iii) Notwithstanding
the foregoing provisions of this clause, a roster may be altered at any time to
enable the nursing service of the facility to be carried on where another
employee is absent from duty on account of illness or in an emergency; provided
that where any such alteration involves an employee working on a day which
would otherwise have been such employee's day off, the day off in lieu thereof
shall be as mutually arranged.
(iv) Prior
to the date of the changed shift, such change of roster shall be notified
verbally or in writing to the employee concerned.
(v) Where an
employee is entitled to an additional day off duty in accordance with clause 2,
Hours of Work and Free Time of Employees other than Directors of Nursing, of
this award, such day is to be shown on the roster of hours for that employee.
(vi) All
rosters shall be retained for at least six years.
6. Salaries
(i) The
minimum salaries per week shall be as set out in Table 1 - Salaries, of Part B,
Monetary Rates.
(ii)
7. Recognition of
Service and Experience
(i) The
employer shall notify each nurse, in writing, of the requirements of this
clause at the time of the nurse's commencement of employment. If the employer
does not so notify the nurse, then the requirements of this clause shall not
commence until the employer does so notify the nurse.
(ii) From the time
of commencement of employment the nurse has three months in which to provide
documentary evidence to their employer detailing any other `service' or
`experience', as defined in clause 1, Definitions, not disclosed at the time of
commencement. This evidence, in the absence of other documentary evidence may
take the form of a statutory declaration.
(iii) Until such time
as the nurse furnishes any such documentation contemplated in subclause (ii)
above, the employer shall pay the nurse at the level for which proof has been
provided.
(iv) If within three
months of commencing employment a nurse does provide documentary evidence of
other previous service or experience not disclosed at the time of commencement,
the employer shall pay the nurse at the appropriate rate as and from the date
of commencement that would have been paid from that date had the additional
evidence been provided at that time.
(v) If a nurse
provides documentary evidence of other previous service or experience not
disclosed at the time of commencement after the said three months period, the
nurse shall be paid a rate appropriate for the previous service or experience
then proved, but only from the date of providing that evidence to the employer.
(vi) A
nurse who is working as a nurse for more than one organisation shall notify each
employer under this award within one month of the end of each quarter of their
hours worked with those other employers in the last quarter.
(vii) A nurse who is
entitled to progress to the next year of service or experience (by reason of
hours worked with other employers) as and from a particular date must provide
proof of that entitlement within three months of that entitlement arising. If
that proof is so provided, the nurse shall be paid at the higher rate as and
from the date they were entitled to progress to the next year of service or
experience. If the proof is provided outside that three-month period, the nurse
shall be paid at the higher rate only from the date that proof is provided.
8. Average Occupied
Beds
The average shall be taken for the 12 months ended 30 June
in each and every year and such average shall relate to the salary of the
Director of Nursing and Deputy Director of Nursing for the succeeding year. On
request, an employer shall furnish to the Association a statement in writing
showing the adjusted daily average of occupied beds for the twelve months
ending on the preceding 30 June.
9. Special Allowances
(i)
(a) A registered
nurse in charge during the day, evening or night of a facility having a daily
average of occupied beds of less than 150 shall be paid, in addition to his or
her appropriate salary, whilst so in charge, the relevant sum set out in Item 1
of Table 2, Other Rates and Allowances, of Part B Monetary Rates, per shift.
(b) A registered
nurse who is designated to be in charge of a shift in a ward shall be paid, in
addition to his or her appropriate salary, the sum set out in Item 2 of the
said Table 2, per shift.
(c) This subclause
shall not apply to registered nurses holding classified positions of a higher
grade than a registered nurse.
(d) An enrolled
nurse shall not be required to be in charge of a facility, shift, ward or unit.
(ii)
(a) An employee
required by her or his employer to be on call otherwise than as provided for in
paragraph (b) of this subclause shall be paid the sum set out in Item 3 of
Table 2 for each period of 24 hours or part thereof, provided that only one
allowance shall be payable in any period of 24 hours.
(b) An employee
required to be on call on rostered days off in accordance with paragraph (b) of
subclause (xv) of clause 2, Hours of Work and Free Time of Employees Other Than
Directors of Nursing, shall be paid the sum set out in Item 4 of Table 2 for
each period of 24 hours or part thereof, provided that only one allowance shall
be payable in any period of 24 hours.
(c) An employee who
is directed to remain on call during a meal break shall be paid the sum set out
in Item 5 of Table 2, provided that no allowance shall be paid if, during a
period of 24 hours, including such period of on call, the employee is entitled
to receive the allowance prescribed in paragraph (a) of subclause (ii) of this
clause.
(d) Where an
employee on remote call leaves the facility and is recalled to duty, she or he
shall be reimbursed all reasonable fares and expenses actually incurred,
provided that where an employee uses a motor car in those circumstances the
allowance payable shall be calculated utilising the rate per kilometre in Item
6 of Table 2.
(e) This subclause
shall not apply to a Director of Nursing, subsidiary nursing home Director of
Nursing, Deputy Director of Nursing or Assistant Director of Nursing.
(iii) Where an
employee is called upon and agrees to use his or her own private vehicle for
official business, payment of an allowance shall be made by utilising the rate
per kilometre in Item 6 of Table 2. This subclause shall apply to all
employees.
10. Continuing
Education Allowance
(i) A
registered nurse or enrolled nurse who holds a continuing education
qualification in a clinical field, in addition to the qualification leading to
registration or enrolment, shall be paid an allowance subject to the conditions
set out in this clause.
(ii) The
qualification must be accepted by the employer to be directly relevant to the
competency and skills used by the employee in the duties of the position.
(iii) The allowance
is not payable to Deputy Directors of Nursing or Directors of Nursing unless it
can be demonstrated to the satisfaction of the employer that more than fifty
per cent of the employee’s time is spent doing clinical work.
(iv) The
allowance is not payable to Clinical Nurse Specialists, Clinical Nurse
Consultants or Clinical Nurse Educators.
(v) An RN or EN
holding more than one relevant qualification is only entitled to the payment of
one allowance, being the allowance of the highest monetary value.
(vi) The
employee claiming entitlement to a continuing education allowance must provide
evidence to the employer that they hold that qualification.
(vii) An RN who holds
a relevant postgraduate certificate in a clinical field (not including a
hospital certificate) that is accepted by the employer to be directly relevant
to the competency and skills used by the RN in carrying out the duties of the
position shall be paid a weekly allowance as set out in Item 1 of Table 3,
Continuing Education Allowances of Part B, Monetary Rates.
(viii) An RN who holds
a relevant postgraduate diploma or degree in a clinical field (other than a
nursing undergraduate degree) that is accepted by the employer to be directly
relevant to the competency and skills used by the RN in carrying out the duties
of the position shall be paid a weekly allowance as set out in Item 2 of Table
3, Continuing Education Allowances of Part B, Monetary Rates.
(ix) An RN who holds
a relevant master’s degree or doctorate in a clinical field that is accepted by
the employer to be directly relevant to the competency and skills used by the
RN in carrying out the duties of the position shall be paid a weekly allowance
as set out in Item 3 of Table 3, Continuing Education Allowances of Part B,
Monetary Rates.
(x) An EN who holds
a relevant certificate IV qualification in a clinical field (not including a
certificate IV qualification which has the effect of upgrading the
qualification leading to enrolment) that is accepted by the employer to be
directly relevant to the competency and skills used by the EN in carrying out
the duties of the position shall be paid a weekly allowance as set out in Item
4 of Table 3, Continuing Education Allowances of Part B, Monetary Rates.
(xi) The allowances
set out in sub-clauses (vii), (viii), (ix) and (x)
hereof are not included in the employee’s ordinary rate of pay and will not
constitute part of the all-purpose rate.
(xii) A registered
nurse or enrolled nurse who is employed on a part-time or casual basis shall be
paid these allowances on a pro rata basis.
(xiii) The rates for
these allowances shall be adjusted in accordance with increases in other
wage-related allowances contained in this award.
(xiv) Where a
disagreement or dispute arises concerning the eligibility of an employee for
payment of a continuing education allowance, and such disagreement or dispute
is not resolved by the process set out in sub-clauses (i)
and (ii) of clause 43, Resolution of Disputes, negotiations between the
employer and the Association must occur prior to referral to the Industrial
Relations Commission for determination.
11. Climatic and
Isolation Allowance
(i) Subject
to subclause (ii) of this clause, persons employed in facilities in places
situated upon or to the west of a line drawn as herein specified shall be paid
the sum per week as set out in Item 7 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates, in addition to the salary to which they are
otherwise entitled. The line shall be
drawn as follows:
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.
(ii) Persons
employed in facilities in places situated upon or to the west of a line drawn
as herein specified shall be paid the sum per week as set out in Item 8 of the
said Table 2 in addition to the salary to which they are otherwise entitled.
The line shall be drawn as follows:
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.
(iii) Except for the
computation of overtime, the allowances prescribed by this clause shall be
regarded as part of the salary for the purposes of this award.
(iv) The
allowances prescribed by this clause are not cumulative.
(v) An employee who
works less than 38 hours per week shall be entitled to the allowances
prescribed by this clause in the same proportion as the average hours worked
each week bears to 38 hours.
12. Penalty Rates for
Shift Work and Weekend Work
(i) Employees
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift. Provided that employees who work
less than 38 hours per week shall only be entitled to the additional rates
where their shifts commence prior to 6.00 a.m. or finish subsequent to 6.00
p.m.
Afternoon shift commencing at 10.00 a.m. and before 1.00
pm
|
10 per cent.
|
Afternoon shift commencing at 1.00 p.m. and before 4.00 pm
|
12.5 per cent.
|
Night shift commencing at 4.00 p.m. and before 4.00 am
|
15 per cent.
|
Night shift commencing at 4.00 a.m. and before 6.00 am
|
10 per cent.
|
(ii) "Ordinary
rate" and "ordinary time" shall not include any percentages
addition by reason of the fact that an employee works less than 38 hours per
week, but shall include amounts payable under clause 6, Salaries, subclauses (i) and (ii) of clause 9, Special Allowances, and subclauses
(i) and (ii) of clause 11, Climatic and Isolation
Allowance.
(iii) For the
purposes of this clause, day, afternoon and night shifts shall be defined as
follows:
"Day shift" means - a shift which commences
at or after 6.00 a.m. and before 10.00 a.m.
"Afternoon shift" - means a shift which
commences at or after 10.00 a.m. and before 4.00 p.m.
"Night shift" means - a shift which commences
at or after 4.00 p.m. and before 6.00 a.m. on the day following.
(iv) Employees whose
ordinary working hours include work on a Saturday and/or Sunday, shall be paid
for ordinary hours worked between midnight on Friday and midnight on Saturday
at the rate of time and one-half and for ordinary hours worked between midnight
on Saturday and midnight on Sunday at the rate of time and three-quarters.
These extra rates shall be in substitution for and not cumulative upon the
shift premiums prescribed in subclause (i) of this
clause.
The foregoing paragraph shall apply to employees who
work less than 38 hours per week, but such employees shall not be entitled to
be paid in addition any allowance prescribed by clause 21, Part-time, Casual
and Temporary Employees, in respect of their employment between midnight on
Friday and midnight on Sunday.
(v) The additional
payments prescribed by this clause shall not form part of the employee's
ordinary pay for the purposes of this award, except as provided in clause 22,
Annual Leave.
13. Expense Allowance
for Directors of Nursing
(i) The
Director of Nursing shall be paid the appropriate sum as set out in Item 9 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, according to
the adjusted daily average of the facility.
Payment equal to one quarter of the annual amount is to
be made at the end of each three month period subsequent to appointment as
Director of Nursing or Subsidiary Nursing Home Director of Nursing in a
particular nursing home.
(ii) Provided that
this clause shall only apply to persons employed as at 12 December 1994 in
nursing homes conducted by members of the Aged & Community Services
Association of NSW & ACT Incorporated.
14. Telephone
Allowance
(i) If
an employee is required, for the purpose of his/her employment, to be on call
on a regular basis or where an employee is required by his/her employer to have
a telephone installed for the purpose of his/her employment, the employer shall
be responsible for the following payments:
(a) Where the
employee already has a telephone installed:
(i) three-quarters of the cost of rental of the telephone;
(ii) the cost of all official trunk line calls.
(b) Where the
employee does not have the telephone installed:
(i) the cost of installation of the telephone;
(ii) three-quarters of the cost of rental of the telephone;
(iii) the cost of all official trunk line calls.
(ii) Provided that
this clause shall not apply to persons employed in facilities conducted by
members of the Aged & Community Services Association of NSW. & ACT
Incorporated.
15. Public Holidays
(i) The
following days shall be public holidays, viz: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, and any other day
or part thereof proclaimed and observed as a public holiday within the area in
which the facility is situated. All five-day workers shall be allowed every
public holiday prescribed by this subclause without loss of pay.
(ii) In addition to
those public holidays prescribed in subclause (i) of
this clause, employees are entitled to an extra public holiday each year. Such
public holiday will occur on a day between Christmas Day and New Year’s Day as
determined by the employer following consultation with the Association. This
subclause shall apply in substitution for any additional local public holiday
or half public holiday proclaimed in a local government area.
(iii)
(a) A full time
employee who is covered by paragraph (b) of subclause (i)
of clause 22, Annual Leave, and who is required to and does work on a public
holiday prescribed by subclauses (i) and (ii) of this
clause shall have one day or one half day, as appropriate, added to his/her
period of annual leave and shall be paid at the rate of time and one-half for the
time actually worked.
Such payment is in lieu of any additional rate for work
or weekend work which would otherwise be payable had the day shift not been a
public holiday. In lieu of adding to annual leave under this paragraph, an
employee may elect to be paid for the time actually worked at the rate of time
and one-half in addition to his/her ordinary weekly rate. Such election shall
be made on the commencement of employment and then on the anniversary date each
year. The employee may not alter such election during the year except with the
agreement of the employer. Where payment is made in lieu of leave in respect of
the time worked on a public holiday, payment shall be made for a minimum of
four hours' work, and any balance of the day or shift not worked shall be paid
at ordinary rates.
(b) Where a public
holiday falls on a rostered day off of a full-time shift worker as defined in
clause 1, Definitions, who receives four weeks annual leave in accordance with
paragraph (b) of subclause (i) of clause 22, Annual
Leave, such shift worker shall be paid one day's pay in addition to the weekly
rate or, if the employee so elects, shall have one day added to the period of
annual leave prescribed by the said paragraph (b) of subclause (i) of the said clause 22.
(c) For the
purposes of this subclause, the hourly rate of pay shall be calculated on the
basis of one thirty-eighth of the appropriate ordinary weekly rate of pay
prescribed in clause 6, Salaries.
(iv) Employees
engaged upon a seven-day shift roster and who are required to work on any
public holiday prescribed by subclause (i) of this
clause shall be paid, in addition to their ordinary pay for that day, an
allowance of 50 per cent of their ordinary day's pay for work performed within
ordinary hours and double time and a half for all time worked outside ordinary
hours.
16. Uniform and
Laundry Allowance
(i) Subject
to subclause (iii) of this clause, sufficient suitable and serviceable
uniforms, including one pair of shoes per annum which shall be of a recognised
acceptable standard for the performance of nursing duties, and one cardigan or
jacket, shall be supplied free of cost to each employee required to wear a
uniform or part of a uniform. An employee to whom a
new uniform or part of a uniform has been issued who, without good reason,
fails to return the corresponding article last supplied shall not be entitled
to have such article replaced without payment therefore at a reasonable price.
(ii) An employee, on
leaving the service of an employer, shall return any uniform or part thereof
supplied by that employer which is still in use immediately prior to leaving.
(iii)
(a) In lieu of
supplying uniforms and shoes to an employee, an employer shall pay the said
employee the sum per week set in Item 10 of Table 2 - Other Rates and
Allowances of Part B, Monetary Rates for uniforms and the sum per week set out
in Item 11 of the said Table 2 for shoes.
(b) In lieu of
supplying a cardigan or jacket to an employee, an employer shall pay the said
employee the sum per week set out in Item 12 of Table 2.
(c) In lieu of
supplying stockings to a female employee, an employer shall pay the said
employee the sum per week set out in Item 13 of Table 2.
(d) In lieu of
supplying socks to an employee, the employer shall pay the said employee the
sum per week set out in Item 14 of Table 2.
(iv) If,
in any facility, the uniforms of an employee are not laundered at the expense
of the facility, the sum per week set out in Item 15 of Table 2 shall be paid
to the said employee. Provided that the payment of such
laundry allowance shall not be made to any employee on absences exceeding one
week.
(v) Where the
employer requires any employee to wear headwear, the facility shall provide
headwear free of charge to the employee.
(vi) The
allowances referred to in subclause (iii) are also payable during any period of
paid leave.
17. Higher Grade Duty
(i) Subject
to subclauses (ii), (iii) and (iv) of this clause, an employee who is called
upon to relieve an employee in a higher classification or is called upon to act
in a vacant position of a higher classification, shall be entitled to receive
for the period of relief or the period during which he/she so acts the minimum
payment for such higher classification.
(ii) The provisions
of subclause (i) of this clause shall not apply where
the employee of the higher classification is off duty pursuant to clause 3,
Hours of Work and Free Time of Directors of Nursing, except insofar as a
Director of Nursing accumulates days off for a continuous period of one week or
more; nor when an employee in a higher grade is absent from duty by reason of
his/her additional day off duty as a consequence of working a 38 hour week.
(iii) Further, the
provisions of subclause (i) of this clause shall not
apply where a Director of Nursing is absent from duty for a period of three
working days or less for any reason other than pursuant to the said clause 3.
(iv) Subject
to subclauses (ii) and (iii) above, the provisions of subclause (i) shall not apply where a day worker is being relieved and
is absent from duty for a period of three consecutive working days or less
18. Overtime
(i) Employees
shall work reasonable overtime when required by the employer.
(ii) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of subclause (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 facility;
(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.
(iv) This
subclause is subject to subclause (x) below.
(a) Subject to
paragraph (b) of this subclause, all time worked by employees other than
Directors of Nursing in excess of the rostered daily ordinary hours of work
shall be overtime and shall be paid for at the rate of time and one-half for
the first two hours and double time thereafter in respect of each overtime
shift worked or in respect of overtime worked prior to or at the conclusion of
a normal shift. Provided that overtime worked on Sundays shall be paid for at
the rate of double time and on public holidays at the rate of double time and
one-half.
(b) All time worked
by employees pursuant to Part I of clause 21, Part-time, Casual and Temporary
Employees, in excess of the rostered daily ordinary hours of work prescribed
for the majority of full-time employees employed on that shift in the ward or
section concerned shall be paid for at the rate of time and one-half for the
first two hours and double time thereafter, except that on Sundays such
overtime shall be paid for at the rate of double time and on public holidays at
the rate of double time and one-half.
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 ward 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.
(v) The ordinary
hours of work for Directors of Nursing shall be 38 per week and shall not,
without payment of overtime at the rate of time and one-half, exceed:
(a) 43 hours in any
week; or
(b) 86 hours in any
fortnight; or
(c) 129 hours in
any 21 consecutive days; or
(d) 172 hours in
any 28 consecutive days.
(vi) An employee
required to work overtime following on the completion of his or her normal
shift for more than two hours shall be allowed 20 minutes for the partaking of
a meal and a further 20 minutes after each subsequent four hours overtime; all
such time shall be counted as time worked, provided that the benefits of this
subclause shall not apply to an employee employed pursuant to Part I of clause
21, Part-time, Casual and Temporary Employees, until the expiration of the
normal shift for a majority of the full-time employees employed on that shift
in the ward or section concerned.
(vii) An employee
recalled to work overtime after leaving the employer's
premises and who is required to work for more than four hours shall be allowed
20 minutes for the partaking of a meal and a further 20 minutes after each
subsequent four hours' overtime; all such time shall be counted as time worked.
(viii) The meals
referred to in subclauses (vi) and (vii) of this
clause shall be allowed to the employee free of charge. Where the facility is
unable to provide such meals, the sum per meal set out Item 16 of Table 2 shall
be paid to the employee concerned.
(ix) Where an
employee is required to work an overtime shift on his or her rostered day off,
the appropriate meal breaks for that shift, as prescribed by clause 2, Hours of
Work and Free Time of Employees other than Directors of Nursing, shall apply.
(x) Employees who
work so much overtime:
(a) between the
termination of their ordinary work on any day or shift and the commencement of
their ordinary work on the next day or shift that they have not had at least
eight consecutive hours off duty between these times; or
(b) on a Saturday,
a Sunday or a public holiday, not being ordinary working days, or on a rostered
day off without having had eight consecutive hours off duty in the 24 hours
preceding the ordinary commencing time on the next ordinary day or shift,
shall, subject to this
subclause, be released after completion of such overtime until they have had
eight consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence. If on the instruction of the employer such an
employee resumes or continues to work without having such eight consecutive
hours off duty, they shall be paid at double time of the appropriate rate
applicable on such day until they are released from duty for such period and
they then shall be entitled to be absent until they have had eight consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
(xi) An employee
recalled to work overtime after leaving the employer's premises shall be paid
for a minimum of four hours work at the appropriate
rate for each time so recalled. If the work required is completed in less than
four hours, the employee shall be released from duty; provided that this
subclause does not apply to a Director of Nursing.
(xii) By agreement
between the employee and employer, an employee may be compensated by way of
time off in lieu of payment of overtime on the following basis:
(a) Time off in
lieu of overtime must be taken at ordinary rates within three months of it
being accrued.
(b) Where it is not
possible for a nurse to take the time off in lieu of overtime within the
three-month period, it is to be paid out at the appropriate overtime rate based
on the rates of pay applying at the time payment is made.
(c) Nurses cannot
be compelled to take time off in lieu of overtime.
(d) Time off in
lieu of overtime should only be considered as an option in those circumstances
where the employer is able to provide adequate replacement staff to ensure that
the level of the quality of service that would otherwise have been provided had
the overtime been worked, is in fact provided.
(e) Records of all
time off in lieu of overtime owing to nurses and taken by nurses must be
maintained by the employer.
19. Payment and
Particulars of Salaries
(i) All
salaries and other payments shall be paid weekly or fortnightly, provided that
payment for any overtime worked may be deferred to the pay day next following
the completion of the working cycle within which such overtime is worked, but
for no longer; provided further that the payment of shift and weekend penalties
relating to work performed in the second week of a fortnightly roster period
may be deferred to the pay day next following the completion of the working
cycle within which such shifts were worked, but for no longer. Provided further that, for the purpose of adjustments of wages
related to variations in the basic wage, the pay period shall be deemed to be
weekly.
(ii) 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. Salaries shall be
deposited by facilities in sufficient time to ensure that wages are available
for withdrawal by employees by no later than pay day, provided that this
requirement shall not apply where employees nominate accounts with non-bank
financial institutions; but in such cases facilities shall take all reasonable
steps to ensure that the wages of such employees are available for withdrawal
by no later than pay day.
(iii) Notwithstanding
the provisions of subclause (ii) of this clause, an employee who has given or
has been given the required notice of termination of employment, in accordance
with clause 36, Termination of Employment, shall be paid all moneys due to
him/her prior to ceasing duty on the last day of employment.
Where an employee is summarily dismissed or his/her
services are terminated without due notice, any moneys due to him/her shall be
paid as soon as possible after such dismissal or termination, but in any case
not more than three days thereafter.
(iv) On each pay day
an employee, in respect of the payment then due, shall be furnished with a
written statement containing the following particulars, namely: name, the
amount of ordinary salary, the total number of hours or overtime worked, if
any, the amount of any overtime payment, the amount of any other moneys paid
and the purpose for which they are paid, the amount of the deductions made from
the total earnings and the nature thereof.
20. Proportion
Except in cases of emergency, not more than four enrolled
nurses and/or assistants in nursing to each registered nurse shall be employed
in a facility and for this purpose a Director of Nursing who is a registered
nurse shall count; provided that the proportions specified by this clause may
be altered in respect of any particular facility by agreement between the
facility concerned and the New South Wales Nurses and Midwives' Association.
21. Part-Time, Casual
and Temporary Employees
PART I
PERMANENT PART-TIME EMPLOYEES
(i) A
permanent part-time employee is one who is permanently appointed by a facility
to work a specified number of hours which are less than those prescribed for a
full-time employee. By agreement between employer and employee, the specified
number of hours may be balanced over a week and/or a fortnightly period,
provided that the average weekly hours shall be deemed to be the specified
number of hours for the purposes of accrual of annual leave, long service leave
and sick leave. Provided further that there shall be no
interruption to the continuity of employment merely by reason of an employee
working on a "week on, week off" basis in accordance with this
subclause.
(ii) Employees
engaged under Part I of this clause shall be paid an hourly rate calculated on
the basis of one thirty-eighth of the appropriate rate prescribed by clause 6,
Salaries, and where applicable, one thirty-eighth of the appropriate allowance
or allowances prescribed by clause 10, Special Allowances, with a minimum
payment of two hours for each start, and one thirty-eighth of the appropriate
allowances prescribed by clause 16, Uniform and Laundry Allowance, but shall
not be entitled to an additional day off or part thereof as prescribed by
subclauses (iii) and (v) of clause 2, Hours of Work and Free Time of Employees
Other than Directors of Nursing.
(iii) Four weeks
annual leave on ordinary pay is to be granted on completion of each 12 months'
service. The provisions of subclauses (iii) to (ix) of clause 22, Annual Leave,
and clause 23, Annual Leave Loading, shall apply to employees engaged under
this Part of this clause. The remaining provisions of the said clause 22 shall
not apply.
Where an employee has any period of permanent part-time
employment during any 12 month qualifying period for annual leave, payment for
such annual leave shall be calculated on the basis of the proportion that the
average number of hours worked each week bears to 38.
(iv) A public holiday
occurring on an ordinary working day shall be allowed to employees without loss
of pay; provided that an employee who is required to and does work on a public
holiday shall have one day or one half day, as appropriate, added to his/her
period of annual leave and be paid at the rate of one half time extra for the
time actually worked. Such payment is in lieu of any additional rate for shift
work or weekend work which would otherwise be payable had the day not been a
public holiday. In lieu of adding to annual leave under this paragraph, an
employee may elect to be paid for the time actually worked at the rate of time
and one-half in addition to his/her ordinary weekly rate. Such election shall
be made on the commencement of employment and then on the anniversary date each
year. The employee may not alter such election during the year except with the
agreement of the employer. Where payment is made in lieu of leave in respect of
time worked on a public holiday, payment shall be made for a minimum of four hours work, and any balance of the day or shift not worked
shall be paid at ordinary rates.
(v) To the leave
prescribed by subclause (iii) of this Part of this clause there shall be added
one working day for each public holiday or one half working day for each half
public holiday which occurs on what would have been an ordinary working day
during a period of annual leave.
(vi) For the purpose
of this Part of this clause, the following are to be public holidays, namely:
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen's Birthday, local Labour Day, Christmas Day, Boxing Day and
any other day duly proclaimed and observed as a public holiday within the area
in which the facility is situated.
(vii) In addition to
those public holidays prescribed in subclause (vi) of
this Part I of this clause, there shall be an extra public holiday each year.
Such public holiday will occur on the August Bank Holiday or a date which is
agreed upon by the Association and the Aged & Community Services
Association of NSW & ACT Incorporated and the Australian Nursing Homes and
Extended Care Association (New South Wales). The foregoing does not apply in
areas where, in each year:
(a) a day in
addition to the ten named public holidays specified in subclause (vi) of this
Part of this clause are proclaimed and observed as a public holiday; or
(b) two half days
in addition to the ten named public holidays specified in the said subclause
(vi) are proclaimed and observed as half public holidays.
(viii) In areas where
in each year one half day in addition to the ten named public holidays
specified in the said subclause (vi) is proclaimed and observed as a half
public holiday, for the purposes of this award the whole day is to be regarded
and observed as a public holiday, and no additional public holiday which would
otherwise apply as a result of this subclause will be observed.
(ix) Employees
engaged under this Part of this clause shall be entitled to all other benefits
of this award not otherwise expressly provided for herein in the same
proportion as their ordinary hours of work bear to full-time hours.
PART II
CASUAL EMPLOYEES
(i) A
casual employee is one engaged on an hourly basis otherwise than as a permanent
part-time or full-time employee.
(ii) A casual
employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed by clause 6, Salaries, and,
where applicable, one thirty-eighth of the appropriate allowance or allowances
prescribed by clause 9, Special Allowances, plus ten per cent thereof, with a
minimum payment of two hours for each start, and one thirty-eighth of the
appropriate allowances prescribed by clause 16, Uniform and Laundry Allowance.
(iii) With respect to
a casual employee, the provisions of clause 3, Hours of Work and Free Time of
Directors of Nursing; clause 5, Rosters; clause 13, Expense Allowance for
Directors of Nursing; clause 18, Overtime; clause 22, Annual Leave; clause 23,
Annual Leave Loading; clause 24, Sick Leave; clause 25, Long Service Leave;
clause 26, Compassionate Leave; clause 32, Deputy Director of Nursing and
Assistant Director of Nursing; clause 34, Fares and Expenses, shall not apply.
Further, casual employees shall not be entitled to an additional day off or
part thereof as prescribed by subclauses (iii) and (v) of clause 2, Hours of
Work and Free Time of Employees Other than Directors of Nursing.
(iv) For
the entitlement to payment in respect of annual leave, see Annual Holidays Act 1944.
(v) For the
entitlement to payment in respect of long service leave, see Long Service Leave Act 1955.
(vi) A casual
employee who is required to and does work on a public holiday as defined in
subclauses (i) and (ii) of clause 15, Public
Holidays, shall be paid for the time actually worked at the rate of double time
and one-half, such payment being in lieu of weekend or shift allowances which
would otherwise be payable had the day not been a public holiday; provided that
a casual employee shall not be entitled to be paid, in addition, the allowance
of ten per cent prescribed in subclause (ii) of this Part in respect of such
work.
PART III
TEMPORARY EMPLOYEES
(i) A
temporary employee is one engaged for a set period not exceeding 13 weeks,
provided that fixed term contracts of employment, whether for periods greater
or lesser than 13 weeks, must not be offered in preference to ongoing contracts
unless they are necessary to meet the genuine operational requirements of the
employer, which may include but not be limited to parental leave, limited term
funding arrangements, long term leave relief, forthcoming service reductions,
and anticipated peak demand times
(ii) A temporary
employee shall be paid, in addition to all rates and allowances to which the
said employee is entitled under this award, an allowance equal to ten per cent
of the rates prescribed for his or her classification by clause 6, Salaries,
provided that this subclause shall cease to apply upon:
(a) the said period of engagement being extended after the said
period of 13 weeks;
(b) the employer and the employee agreeing during the said
period of 13 weeks that the employee shall be employed on a permanent part-time
or full-time basis.
(iii) For entitlement
to payment in respect of annual leave, see Annual
Holidays Act 1944.
22. Annual Leave
(i) Annual
leave on full pay is to be granted on completion of each 12 months service as
follows:
(a) Employees
required to work on a seven-day basis - six weeks
annual leave.
(b) All other
employees - four weeks annual leave.
(ii)
(a) An employee to
whom paragraph (a) of subclause (i) of this clause
applies and who is required to and does work on a public holiday shall be paid,
in addition to the appropriate ordinary weekly rate of pay, at the rate of one
half time extra for the time actually worked on such holiday. Such payment shall be in lieu of any
additional rate for shift work or weekend work which would otherwise be payable
had the day not been a public holiday.
(b) To the leave
prescribed by paragraph (a) of subclause (i) there
shall be added one working day or one half working day for each special public
holiday or half public holiday, not being one of the ten specifically named
public holidays prescribed by subclause (i) of clause
15, Public Holidays (or a special day proclaimed in lieu of any of them) which
may occur during the qualifying period for annual leave or during the period of
annual leave.
(c) To the leave
prescribed by paragraph (b) of subclause (i) of this
clause there shall be added one working day or one half working day for each
public holiday or half public holiday which occurs on what would have been an
ordinary working day during a period of annual leave; provided that in the case
of a full-time shift worker the provisions of this paragraph shall apply to any
public holiday falling during the period of annual leave.
(iii)
(a) An employee
shall be eligible for annual leave when 12 months have elapsed since the date
on which the first 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 employment.
(b) Credit of time
towards an allocated day off duty shall not accrue when an employee is absent
in accordance with subclause (i) of this clause.
Employees entitled to allocated days off duty in accordance with clause 2,
Hours of Work and Free Time of Employees Other Than Directors of Nursing, shall
accrue credit towards an allocated day off duty in respect of each day those
employees are absent on additional annual leave in accordance with paragraph
(b) of subclause (ii) of this clause and paragraph (a) of subclause (iii) of
clause 15, Public Holidays.
(iv) Annual
leave shall be given and taken either in one consecutive period or two periods
or, if the employer and employee so agree, in either three or four separate
periods but not otherwise. Provided that no employee shall be compelled to take
annual leave in periods of less than one week in place of any other leave
provided for by this award.
(v)
(a) 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.
(b) Nothing in this
subclause shall prevent an employer by agreement with the employee from
allowing annual leave to an employee before the right thereto has accrued, but
where leave is taken in such a case a further period of annual leave will not
commence to accrue until the expiration of the 12 months in respect of which
annual leave was taken before it accrued.
(c) The employer
shall give each employee, where practicable, three months
notice of the date upon which he or she shall enter upon leave and, in
any event, such notice shall not be less than 28 days.
(vi)
(a) Each employee
before going on leave shall be paid for the period of the leave at the ordinary
rate of salary to which he or she is entitled under this award. Where an
employee has any period of permanent part-time employment during any 12-month
qualifying period for annual leave, payment for such annual leave shall be calculated
on the basis of the proportion that the average number of hours worked each
week bears to 38.
(b) An employee to
whom paragraph (a) of subclause (i) applies shall be
paid during the first 28 consecutive days while on annual leave his or her ordinary
rate of salary plus shift allowances and weekend penalties relating to ordinary
time the employee would have worked if he or she had not been on annual leave.
Additional annual leave accrued under subclause (ix) attracts shift allowances
and weekend penalties relating to ordinary time the employee would have worked
if he or she had not been on annual leave. Provided that the
provisions of the preceding paragraphs of this subclause shall not apply to
public holidays which occur during a period of annual leave or days which have
been added to annual leave in accordance with paragraph (b) of subclause (ii)
of this clause and subclause (ii) of clause 15, Public Holidays.
(vii) Except as
provided in subclauses (viii) and (ix) of this clause, payment for annual leave
shall not be made or accepted in lieu of annual leave.
(viii) Where the
employment of an employee is terminated, the employee shall be entitled to
receive, in addition to all other amounts due, in respect of service of less
than one year an amount equal to one-twelfth (6/46 in respect of employees
rostered to work on a seven-day basis) of his or her ordinary pay for that
period of employment, together with payment for any days added to annual leave
in accordance with subclause (iii) of the said clause 15.
(ix)
(a) In addition to
the leave prescribed by subclause (i) of this clause,
employees who work their ordinary hours on Sundays and/or public holidays
prescribed by clause 15 are entitled to receive additional annual leave as
follows:
Number of ordinary shifts worked on Sundays and/or
public holidays during a qualifying period of employment for annual leave
purposes -
4 to 10
|
1 day’s additional annual leave
|
11 to 17
|
2 days additional annual leave
|
18 to 24
|
3 days additional annual leave
|
25 to 31
|
4 days additional annual leave
|
32 or more
|
5 days additional annual leave
|
Provided that an employee may elect to be paid when proceeding on annual leave an amount equivalent to the value
of his or her additional leave entitlement in lieu of taking the additional
leave. Such election is to be made in writing by the employee at the
commencement of each year of employment and is irrevocable during the currency
of that year of employment.
(b) On termination
of employment, employees are to be paid for any untaken annual leave due under
this subclause, together with payment for any leave in respect of an
uncompleted year of employment calculated in accordance with this subclause,
together with payment for any untaken annual leave due in accordance with subclause
(viii) of this clause.
(c) Permanent
part-time employees shall be entitled to the benefits of this subclause in the
same proportion as their average weekly hours of work bear to full-time hours.
23. Annual Leave
Loading
(i) Before
an employee is given and takes his or her annual holiday or where, by agreement
between the employer and the employee, the annual holiday is given and taken in
more than one separate period, then before each of such separate periods the
employer shall pay the employee a loading determined in accordance with this
clause.
(ii) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under paragraph (b) of subclause (i)
and paragraph (c) of subclause (ii) of clause 22, Annual Leave, or in the case
of permanent part-time employees, for the period of holiday given and taken and
due to the employee in accordance with the provisions of the Annual Holidays Act, 1944.
(iii) The loading is
the amount payable for the period or the separate periods, as the case may be,
at the rate per week of 17½ per cent of the appropriate ordinary weekly time
rate of pay prescribed by this award for the classification in which the
employee was employed immediately before commencing his/her annual holiday,
together with any allowances prescribed by subclauses (i)
and (ii) of clause 9, Special Allowances.
(iv) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when the employee would have become entitled under the said clause 22 to an
annual holiday, the loading then becomes payable in respect of the period of
such holiday and is to be calculated in accordance with subclause (iii) of this
clause, applying the award rates and wages payable on that day.
(v)
(a) When the
employment of an employee is terminated by the employer for a cause other than
misconduct, and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, he/she shall be paid a loading calculated in accordance with
subclause (iii) of this clause for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
(vi) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if she/he had not been on holidays; provided
that, if the amount to which the employee would have been entitled by way of
shift work allowances and weekend penalty rates for the ordinary time (not
including time on a public or special holiday) which the employee would have
worked during the period of the holiday exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
24. Sick Leave
(i) Subject
to the following limitations and conditions, an employee shall be entitled to
sick leave on full pay calculated by allowing 76 rostered ordinary hours of
work for each year of continuous service, les s any sick leave on full pay
already taken.
(a) An employee
during his/her first year of employment with an employer shall be entitled to
sick leave at the rate of 7.6 hours at the end of each of the first five months
continuous service. Upon completion of six months continuous service the
employee shall be entitled to a further 38 hours sick leave. For the purpose of
this subclause, where service is continuous, each new entitlement will accrue
at the monthly anniversary date of the commencement of employment, i.e., a
person starting on 6 March would be entitled to their first 7.6 hours on 6
April.
(b) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to workers' compensation; provided, however,
that an employer shall pay to an employee who has sick leave entitlement 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
that proportion of 38 hours which the difference paid bears to full pay.
(c) All periods of
sickness shall be certified to by the Director of Nursing of the facility or by
the employee's own legally qualified medical practitioner. The employer may
dispense with the requirements of a medical certificate when the absence does
not exceed two consecutive days or where, in the employer's opinion, the
circumstances are such as not to warrant such requirement.
(d) Each employee
shall notify her/his employer of an absence from work due to illness or injury
prior to the commencement of her/his rostered shift or as soon as practicable
thereafter and shall, as far as possible, inform the employer of the estimated
duration of the absence.
(e) For the purpose
of determining a full-time employee's sick leave credit as at 19 September
1986, sick leave entitlement shall be proportioned on the basis of 76:80.
(ii) The employer
shall not change the rostered hours of work of an employee fixed by the roster
or rosters applicable to the 14 days immediately following the commencement of
sick leave merely by reason of the fact that she or he is on sick leave.
(iii) For the purpose
of this clause, "service" means - service in the employment of an
employer.
(iv) For
the purpose of this clause, continuity of service in the employment
shall not be broken by:
(a) absences from such employment on account of illness;
(b) absences from
such employment for the purposes of pursuing a post-graduate course in nursing
(i.e. a course which results in obtaining a certificate, diploma or
qualifications whether in Australia or elsewhere) and where the course is
pursued outside Australia an employee shall be deemed to be absent for the
purpose of pursuing the course throughout the time reasonably occupied
travelling to the place of study and return to Australia, the actual duration
of the course, a period of three months after completion of the course before
returning to Australia and a period of one month after returning to Australia,
provided that subclauses (iii) and (iv) shall only apply to persons employed in
facilities conducted by members of the Aged & Community Services
Association of NSW & ACT Incorporated.
(v) Permanent
Part-time Employees - A permanent part-time employee shall be entitled to sick
leave in the same proportion of 76 hours as the average weekly hours worked
over the preceding 12 months or from the time of commencement of employment,
whichever is the lesser, bears to 38 ordinary hours. Such entitlements shall be subject to all the
above conditions applying to full-time employees.
(vi) With respect to
an employee who is eligible for sick leave and who produces a satisfactory
medical certificate to the effect that he/she has been incapacitated for a
period of at least one week's duration while on annual leave, the employer may
re -credit such employee with an equivalent period of annual leave, provided
that no such re-crediting shall be granted to an employee on leave prior to
retirement, resignation or termination of services and provided further the
employer is satisfied on the circumstances and the nature of the incapacity.
(vii) Subject to the
provision of a satisfactory medical certificate and sick leave being due,
extended or long service leave shall be re-credited where an illness of at
least one week's duration occurs during the period of extended or long service
leave; provided that the period of leave does not occur prior to retirement,
resignation or termination of services.
25. Long Service Leave
(i) For
long service leave falling due prior to 20 February 1981, see Long Service Leave Act 1955.
(ii) For long
service leave falling due after 20 February 1981, the following provisions
shall apply:
(a)
(1) Every employee
after ten years' continuous service with the same employer shall be entitled to
two months' long service leave on full pay; after 15 years' continuous service
to an additional one month's long service leave on full pay; and for each five
years' continuous service thereafter to an additional one and one-half months'
long service leave on full pay.
Such leave shall be taken at a time to be mutually
arranged between the employer and the employee as soon as practicable after
each period of leave falls due, having regard to the reasonable preferences of
each party. Where required by the employer, the term "as soon as
practicable" shall mean that leave is taken by the employee within 12
months of the date that the leave falls due. The leave is to be taken in one
continuous period unless the employer and employee agree otherwise.
Notwithstanding anything contained elsewhere in this
clause, an employer and an employee may mutually agree that the taking of the
leave be deferred beyond the initial twelve months referred to above. In such a
case the employer and employee may agree that the employee shall be paid for
that leave at the rate of pay applicable at the time of the agreement to
further postpone the leave, and not at the rate of pay applicable at the time
that the leave is taken. For any such
agreement to be valid, it must be in writing and be signed by both the employer
and the employee.
(2) Where the
service of an employee with at least five years' service is terminated, the
employee shall be entitled to long service leave as follows:
For the first five years’ service -
one month.
For the next ten years’ service - a proportionate
amount calculated on the basis of one month for each additional five
years. For the purpose of calculation,
each completed whole month of continuous service gives an entitlement equal to
0.0722 weeks’ pay.
For all subsequent service - a proportionate amount
calculated on the basis of 1.5 months for each additional five years. For the
purpose of calculation, each completed whole year of continuous service gives
an entitlement equal to 1.2996 weeks’ pay.
(b) Subject to
subclause (a) of this clause, where an employee has acquired a right to long
service leave, then:
(1) If, before such
leave has been entered upon, the employment of such employee has been
terminated, such employee shall be entitled to receive the monetary value of
the leave to which such employee has become entitled, computed at the rate of
salary which such employee had been receiving immediately prior to the
termination of employment.
(2) If such
employee dies before entering upon such extended leave, or if, after having
entered upon the same, dies before its termination, his/her widow/widower or,
in the case of a widow/widower leaving children, his/her children or their
guardians or other dependent relatives or their legal representatives, shall be
entitled to receive the monetary value of the leave not taken or not completed,
as the case may be, and computed at the rate of salary which the employee had
been receiving at the time of death.
(c) For the purpose
of this clause:
(1) Continuous
service in the same facility prior to the coming into force of this award shall
be taken into account.
(2) One month
equals four and one-third weeks.
(3) Continuous
service shall be deemed not to have been broken by:
(A) absence of an employee from the facility while a member of
the Defence Forces of the Commonwealth in time of war;
(B) any period of absence on leave without pay not exceeding six
months.
(d) Where any
employee has been granted a period of long service leave prior to the coming
into force of this award, the amount of such leave shall be debited against the
amount of leave due under this award.
(e) Except where
the total actual service is less than five years -
(1) all service in facilities to which subclause (i) of clause 11, Climatic and Isolation Allowance, applies
shall be counted as one and one-half times the actual time served;
(2) all service in a facility to which subclause (ii) of the
said clause 11 applies shall be counted as twice the actual time served.
(f) Any period(s)
of part-time employment with the same employer shall count towards long service
leave as provided for in paragraphs (a) and (e) of this subclause. Such long
service leave shall be paid for on the basis of the proportion that the average
number of hours worked per week bears to 38.
(g) Where an
employee has accrued a right to an allocated 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.
An employee returning to duty from long service leave
shall be given the next allocated day off duty in sequence, irrespective of
whether sufficient credits have been accumulated or not.
26. Compassionate
Leave
(i) In
general, compassionate leave with pay should be granted only in extraordinary
or emergent circumstances where a member of the staff of a facility is forced
to absent himself/herself from duty because of urgent pressing necessity, and
such leave as is granted should be limited to the time necessary to cover the
immediate emergency.
(ii) Any absence
occasioned by personal exigencies which might fairly be regarded as an
obligation on the employee rather than the employer to make good, should be
covered by the grant of leave without pay or, if the employee so desires,
charged against his/her annual leave credit.
(iii) The following
basic principles should be kept in mind when dealing with applications:
(a)
(i) An
employee, other than a casual employee, shall be entitled to a maximum of two
days compassionate leave without deduction of pay, on each occasion of the
death of a person as prescribed in subparagraph (iii) of this paragraph.
Provided that, where the employee is involved in funeral arrangements,
travelling, etc., leave may be allowed for up to three days.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
compassionate leave and will, if required by the employer, provide, to the
satisfaction of the employer, proof of death.
(iii) Compassionate
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 27,
Personal/Carer’s Leave, provided that, for the purpose of compassionate leave,
the employee need not have been responsible for the care of the person
concerned.
(iv) An
employee shall not be entitled to compassionate leave under this clause during
any period in respect of which the employee has been granted other leave.
(v) Compassionate
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said clause 27. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
(b) Illnesses in
the family - Except in very special circumstances, leave with pay should be
limited to one day which, as a general rule, would prove sufficient time to
meet the immediate emergency and allow the employee to make any other
arrangements necessary. It would be expected that no one but the employee would
be available to care for the sick member of the family.
(iv) The
above principles are not intended to codify completely purposes for which
compassionate leave with pay may be allowed. The element of unforeseen
emergency could be present in other situations, e.g., floods and bushfires,
which clearly prevent attendance for duty.
(v) In view of the
purpose for which compassionate leave is intended, it is not possible to
prescribe a precise limitation of the amount of leave to be granted in a given
period. It is suggested, however, that only under the most exceptional
circumstances should leave exceeding a total of three days be granted to an
employee in any year.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 26(iii)(a)(ii) casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause 27(1)(c)(ii) of clause 27,
Personal/Carer’s Leave.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
(vii) The provisions
of this clause will have no application to employees of bodies established by
the Catholic Church to propagate religion.
26A.
Parental Leave
(1) Refer to the Industrial Relations Act 1996
(NSW). The following provisions shall
also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental
leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the period of simultaneous unpaid parental leave
use up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave on a part-time
basis until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in
writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level of
the position the employee held before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
27. Personal/Carer’s
Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 27(1)(c)(ii) who needs the employee’s care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at clause 24, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required,
(1) establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person, or
(2) establish by production of documentation acceptable to the
employer or a statutory declaration, the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care and support of
the person concerned; and
(ii) the person concerned being:
(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 purposes of this subparagraph:
(1) "relative" means - a person related by blood, marriage
or affinity;
(2) "affinity" means - a relationship that one spouse
because of marriage has to blood relatives of the other; and
(3) "household" means - a family group living in the same
domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 43, Resolution of Disputes, should be followed.
(2) Unpaid Leave
for Family Purpose
(a) An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in 27(1)(c)(ii)
above who is ill or who requires care due to an unexpected emergency.
(3) Annual Leave
(a) An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
(d) An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
(4) Time Off in
Lieu of Payment for Overtime
(a) For the purpose
only of providing care and support for a person in accordance with subclause
(1) of this clause, and despite the provisions of subclause (xii) of clause 18,
Overtime, the following provisions shall apply.
(b) An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
(c) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is, an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason,
payment for time accrued at overtime rates shall be made at the expiry of the
12-month period or on termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Additional
Rostered Days Off
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its intention
to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
(7) Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 27(1)(b) and
27(1)(d) casual employees are entitled to not be available to attend work, or
to leave work if they need to care for a person prescribed in subclause
27(1)(c)(ii) of this clause who are sick and require care and support, or who
require care due to an unexpected emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
(8) The provisions
of this clause will have no application to employees of bodies established by
the Catholic Church to propagate religion.
28. Staff Amenities
(i)
(a) The employer
shall provide for the use of employees:
(1) toilet facilities; provided that this provision shall not
apply to a facility the registered number of beds of which is less than nine;
(2) a full-length locker fitted with lock and key or other
suitable place for the safe keeping of clothing and personal effects of such
employee.
(b) An employer
shall provide for employees morning and afternoon tea, supper and early morning
tea (which shall include tea or coffee, together with milk and sugar).
(c) Where an
employee requests, the employer shall provide an employee with meals of a
reasonable standard. The employer may make a charge, provided that the charge
for breakfast shall be the sum set out in Item 17 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, and the sum set out in Item 18 of the
said Table 2 for other meals.
(ii) The charges
referred to in subclause (i) of this clause are to be
adjusted in accordance with the movement in wage rates following State Wage
Case decisions. The employers are
entitled to set prices for meals at a level to cover labour and ingredient
costs (not indirect costs).
29. Labour Flexibility
(i) Nurses
shall not be required to perform as a matter of routine duties: washing,
sweeping, polishing and/or dusting of floors, walls, windows, corridors,
annexes, bathrooms or verandas, except in an emergency.
(ii) Nothing in
subclause (i) of this clause shall preclude the
employment of nurses in the washing of beds, bedspreads, mattresses, bedside
tables or the like, following the discharge of a patient suffering a notifiable infectious disease.
(iii) Nothing in
subclause (i) of this clause shall preclude any nurse
from being required to perform all or any of the specified duties, at any time
when domestic staff is not available to perform them; provided that the
employer has made all reasonable efforts to obtain domestic staff.
(iv) Subject
to subclause (i) of this clause, an employer
may direct a nurse to carry out such duties as are within the limits of the
nurse's skill, competence and training. Such duties may include work which is
incidental or peripheral to the nurse's main tasks, provided that such duties
are not designed to promote deskilling.
Any employer may direct a nurse to carry out duties and
use such equipment as may be required, provided that the nurse has been
properly trained or has otherwise acquired the necessary skills in the use of
such equipment. Any such direction issued by the employer shall be consistent
with the employer's responsibility to provide a safe and healthy working
environment for nurses and the employer's duty of care to residents.
(v) Assistants in
Nursing may be employed under this award to perform mixed functions, provided
that:
(a) The primary
duties performed by the Assistant in Nursing, being the delivery of direct care
to residents, occupy no less than the majority of the hours for which they are
employed in any 28 day cycle.
(b) The Assistant
in Nursing shall be paid at the appropriate rate for an Assistant in Nursing for all work performed for their employer in that
classification.
(c) An Assistant in
Nursing shall not be required to perform mixed functions where the employer
does not provide adequate staff to ensure that the level of the quality of the
service that would have otherwise been provided if the Assistant in Nursing did
not perform mixed functions, is in fact
provided.
(d) Subject to
paragraph (a) of this subclause, an Assistant in Nursing may perform duties
associated with a resident's well being and comfort,
including functions of a laundry, kitchen or other personal support nature.
30. Medical
Examination of Nurses
On commencement of employment the employee shall be notified
of the availability of the following provisions, which the employer shall
provide at the request of the employee:
(i) For
protection against tuberculosis:
(a) Before a nurse
commences duty, a PA chest x-ray examination of the
nurse, unless a radiologist's report of a normal chest x-ray taken within the
previous six months is available.
(b) As
soon as practicable after the nurse commences duty, a Mantoux
test on the nurse, then -
(i) where the Mantoux test is
negative, immunisation with BCG vaccine;
(ii) where the Mantoux test is positive
(otherwise than as a result of BCG vaccination), referral to a chest clinic for
assessment.
(c) A Mantoux test annually to -
(i) previously Mantoux-negative
nursing staff;
(ii) nursing staff whose Mantoux
reaction has been converted by BCG vaccination.
(d) A chest x-ray
annually to nursing staff whose Mantoux reaction is
positive (otherwise than as a result of BCG vaccination).
(e) Where a nurse
has been caring for open tuberculosis cases, a PA chest x-ray examination of
the nurse one year after completion of employment.
(ii) For protection
against other communicable diseases:
(a) where a nurse has not had a complete course of immunisation
against diphtheria, tetanus, poliomyelitis, measles, mumps and hepatitis,
immunisation against those diseases;
(b) booster immunisation against tetanus at ten-year intervals;
(c) a rubella antibody test and, where a nurse has a negative
result, rubella immunisation.
(iii) For protection
against radiation exposure, nurses required to work in close proximity to a
source of ionising radiation should be provided with a film badge or personal
radiation dosimeter, and a record should be maintained of the radiation
exposure measured by such film badge or dosimeter.
(iv) The
costs involved in the various screening and protection procedures should be
borne by the employer.
31. Escort Duty
(i) Periods
during which an employee, other than a Director of Nursing, is engaged in
nursing duties, viz., in attendance on a patient, shall be paid as working time
under this award. Where applicable, overtime shall be payable.
(ii) All reasonable
out-of-pocket expenses shall be reimbursed.
(iii) Rostered time
shall be paid as such, even though an employee may be travelling, in
hotel/motel accommodation or waiting for transport.
(iv) In
respect of non-rostered time not spent in nursing duties -
(a) Periods in
hotel/motel accommodation or waiting for transport shall not be counted as
working time.
(b) Periods in
travelling shall count as working time.
32. Deputy Director of
Nursing and Assistant Director of Nursing
(i) Subject
to subclause (ii) of this clause, the following appointments shall be made in
nursing homes with daily averages of occupied beds as specified hereunder:
Less than 150 beds - a Deputy
Director of Nursing.
150 beds and over - a Deputy Director
of Nursing and Assistant Director of Nursing.
(ii) There is no
requirement to appoint a Deputy Director of Nursing in nursing homes of 40 beds
and under in the following circumstances:
(a) the registered
nurses at the nursing home are all given the same duties and no registered
nurse is delegated Deputy Director of Nursing duties; and
(b) the Director of Nursing perceives no requirement for a
Deputy Director of Nursing to be employed.
Provided that no Deputy Director of Nursing employed as
at 16 December 1994 shall be dismissed or demoted from that position as a
result of the implementation of this subclause.
(iii) Where a
decision is made, pursuant to subclause (ii) of this clause, not to appoint a
Deputy Director of Nursing, the employer shall notify the Association in
writing of that decision within 14 days and must certify that the requirements
of paragraphs (a) and (b) of subclause (ii) have been met.
(iv) In
the event of a dispute arising as to the operation of this clause, the
procedures set out in clause 44, Resolution of Disputes, shall be followed.
(v) Appointments
under subclause (i) of this clause shall be made
within two calendar months of the date this award becomes operative and
thereafter within two calendar months of the occurrence of a vacancy. In
default of appointment within the said period of two calendar months, the
registered nurse employed as such or in a higher classification who has
customarily relieved in the vacant position, or if no one has so customarily
relieved, the general nurse employed in the same or the next senior
classification below the vacant position with the longest service in such
classification at the nursing home shall be deemed to be appointed until such
time as another appointment is made by the nursing home.
(vi) This
clause shall not apply to a nursing home using members, novices or aspirants of
religious orders where a member of an order carries out the duties under this
clause of an Assistant Director of Nursing or Deputy Director of Nursing.
(vii) This clause
shall not apply to a nursing home which is owned by two or more registered
nurses who are actively engaged as Directors of Nursing in the running of the
nursing home.
33. Nursing Unit
Managers
No person appointed to any level of the former
classification of Nursing Unit Manager as at 1 March 1999 shall be dismissed or
demoted as a result of the deletion of that classification from this
award. Provided that the salary rates
appearing under that classification in Table 1 - Salaries, of Part B, Monetary
Rates, are to be payable, on a strictly personal basis, only to those persons
appointed to such positions as at 1 March 1999.
34. Fares and Expenses
(i) An
employee required to travel in the performance of duty shall be reimbursed
first class fares (including sleeper accommodation) and all reasonable
out-of-pocket expenses.
(ii)
(a) An employee who
is engaged for an indefinite period and who remains in the employment for at
least six months shall be reimbursed forward fares from the place of
engagement; provided that the distance of normal travel there from to the
employment exceeds 40 kilometres.
(b) An employee who
is engaged for an indefinite period, and who is dismissed within six months for
any reason other than misconduct or inefficiency, shall be reimbursed forward
fares from the place of engagement, provided that the distance of normal travel
there from to the employment exceeds 40 kilometres, and shall also be
reimbursed return fares to such place of engagement or the employee's immediate
destination, whichever is the cheaper.
(iii) An employee who
is engaged for a definite period and who completes the period of engagement or
who is dismissed before completing such period for any reason other than
misconduct or inefficiency, shall be reimbursed forward fares from the place of
engagement, provided that the distance of normal travel there from to the
employment exceeds 40 kilometres, and shall also be reimbursed return fares to
such place of engagement or to the employee's immediate destination, whichever
is the cheaper.
(iv) Fares
within the meaning of this clause shall include only fares incurred in respect
of travel within New South Wales.
(v) An employee who
claims reimbursement of fares pursuant to this clause shall furnish to the
employer, if so required, satisfactory proof that he or she has not received
from another employer reimbursement in respect of those fares.
35. Registration Or Enrolment Pending
(i) A
registered nurse or enrolled nurse who has trained outside New South Wales
shall be paid as a registered nurse or enrolled nurse as from the date she or
he is notified that she or he is eligible for registration or enrolment as a
registered nurse or enrolled nurse; provided that she or he makes application
for registration within seven days after being so notified.
(ii) He or she shall
notify the employer as soon as possible after he or she has applied.
36. Termination of
Employment
(i) Except
for misconduct justifying summary dismissal, the services of an employee shall
be terminated only by notice or by the payment of salary in lieu thereof other
than a Director of Nursing, as follows;
Period
|
Employee’s period of continuous service with the
|
Period
|
|
employer at the end of the day the notice is given
|
|
1
|
Not more than 1 year
|
1 week
|
2
|
More than 1 year but not more than 3 years
|
2 weeks
|
3
|
More than 3 years but not more than 5 years
|
3 weeks
|
4
|
More than 5 years
|
4 weeks
|
In the case of a Director of Nursing payment of salary in lieu thereof notice
period can be made, except that where the employment of a Director of Nursing
is terminated within 13 weeks of her/his engagement, there shall be given 14 days notice or the payment of 14 days salary in lieu thereof.
(ii) No employee
shall, without the consent of the employer, resign without having given seven
days' notice (or, in the case of a Director of Nursing, 28 days' notice) of the
intention so to do or forfeiting salary earned during the pay period current at
the time of resignation; provided that in no circumstances shall the employee
other than the Director of Nursing forfeit more than seven days' pay and the
Director of Nursing more than 28 days' pay at the rates prescribed for his or
her classification by clause 6, Salaries.
(iii) Upon the
termination of the services of an employee, the employer shall furnish the
employee with a written statement, duly signed by or on behalf of the employer,
setting out the period of the employment and the capacity in which the employee
was employed. In addition, an employer
shall provide to Assistants in Nursing a statement of
in-service training and/or education which the employee has undertaken.
(iv) Employees
who have accrued additional days off duty pursuant to subclause (vii) of clause
2, Hours of Work and Free Time of Employees Other Than Directors of Nursing,
shall be paid for such accrued time as ordinary rate of pay upon termination.
37. Award Benefits to
be Continuous
(i) In
the event of any change of ownership, licensee or management of any facility
covered by this award, all employee rights and benefits provided by this award
shall continue as if no such change in ownership, licensee or management had
taken place, and no employee shall be dismissed for the reason of such change.
Where such changes do occur, no employee shall be paid
out for accrued annual leave, long service leave or any other benefits, but
such benefits shall be continuous.
(ii) No employee,
full-time or part-time, shall have their employment terminated or be required
to take leave without pay where such termination or leave is used to avoid the
requirements of any Act or to avoid payment of any rights or benefits provided
by this award.
38. Special Provisions
Relating to Trainee Enrolled Nurses
(i) Where
a trainee enrolled nurse has transferred from one training school to another,
the time allowed by the Board in the first training school shall be counted in
computing salary.
(ii) A trainee
enrolled nurse, who is absent from training for not more than two weeks,
exclusive of annual leave, in any period of 12 months training shall, for the
purpose of annual increase in salary under clause 6, Salaries, be deemed to
have completed the particular year of training 12 calendar months after the
commencement thereof notwithstanding such absence, but if absent for more than
the aforesaid time in any such period, the particular year of training shall
not be deemed to have been completed until the employee has served the actual
period of excess of such time.
39. Trainee Enrolled
Nurse
(a) Objective:
The objective of this clause is to assist with the
establishment of a system of traineeships for Trainee Enrolled Nurses, which
provides approved training in conjunction with employment and which is to be at
the same AQF level as the existing Certificate IV course.
(b) Application:
(i) This
clause applies only to the employment of Trainee Enrolled Nurses undertaking
Certificate IV in Nursing whilst performing the duties of a Trainee Enrolled
Nurse.
(ii) The system is
neither designed nor intended for those who are already trained and job ready.
(c) Definitions:
"Structured Training" means - training which
is specified in the Training Plan, which is part of the Training Contract
registered with the relevant NSW Training Authority. It includes training undertaken both on and
off-the-job in a Traineeship and involves formal instruction, both theoretical
and practical, and supervised practice. The training reflects the requirements
of a Traineeship approved by the relevant NSW Training Authority.
"Trainee" is an individual who is signatory
to a Training Contract registered with the relevant NSW Training Authority and
is involved in paid work and structured training both on and off the job. A
trainee can be full time, part time or school-based.
"Traineeship" means - a system of training,
which has been approved by the relevant NSW Training Authority, and includes
full time traineeships and part time traineeships including school-based
traineeships.
"Training Contract" means - a contract
entered into for the purposes of establishing a Traineeship under the
Apprenticeship and Traineeship Act 2001 (NSW).
"Training Plan" means - a programme of
training which forms part of a Training Contract registered with the relevant
NSW Training Authority.
"Relevant NSW Training Authority" means - the
Department of Education, or successor organisation.
"School Based Trainee Enrolled Nurse" is a
student enrolled in the Higher School Certificate, or equivalent qualification,
who is undertaking a Traineeship which forms part of a recognised component of
their HSC curriculum, and is endorsed by the relevant NSW Training Authority,
NSW Board of Studies and NSW Nurses Registration Board as such.
(d) Training Conditions
(i) The
employer shall provide a level of registered nurse supervision during the
traineeship period in accordance with the training contract.
(ii) Trainee
Enrolled Nurses will not be required to perform the duties of registered or
enrolled nurses in the event of absenteeism. In the event that a registered or
enrolled nurse needs to be replaced, existing staff including casuals will be
offered the shift, or agency staff will be used.
(iii) The employer
agrees that the overall training programme will be monitored by officers of the
relevant NSW Training Authority.
Training records or work books may be utilised as part of this
monitoring process.
(iv) A
Traineeship shall not commence until the relevant Training Contract has been
signed by the employer and the trainee and lodged for registration with the
relevant NSW Training Authority.
(e) Full Time, Part
Time Traineeships
A full time Trainee Enrolled Nurse shall be engaged as
a full-time employee for a maximum of one year’s duration.
A part time Trainee Enrolled Nurse shall be engaged as
a part time employee for a maximum of two years’ duration.
A Trainee Enrolled Nurse who undertakes a Traineeship
on a part-time basis works less than full-time ordinary hours, and shall
undertake the approved training at the same or lesser training time than a
full-time trainee.
(f) Employment
Conditions
(i) A
Trainee Enrolled Nurse shall be subject to a satisfactory probation period of
up to one month which may be reduced at the discretion of the employer.
(ii) By agreement
in writing, and with the consent of the relevant NSW Training Authority, the
relevant employer and the Trainee may vary the duration of the Traineeship and
the extent of approved training. Any agreement to vary shall be in accordance with
the relevant Traineeship.
(iii) Where the
trainee completes the qualification in the Training Contract earlier than the
time specified in the Training Contract then the Traineeship may be concluded
by mutual agreement.
(iv) A
traineeship shall not be terminated before its conclusion except in accordance
with the Apprenticeship and Traineeship Act 2001(NSW) or by mutual agreement.
(v) An employer who
chooses not to continue the employment of a Trainee upon the completion of the
Traineeship shall notify, in writing, the relevant NSW Training Authority of
their decision.
(vi) The
Trainee will be permitted to be absent from work without loss of continuity of
employment and/or wages to attend training in accordance with the Traineeship
Agreement.
(vii) Where the
employment of a Trainee by an employer is continued after the completion of the
traineeship period, such employment period shall be counted as service for the
purposes of this Award or any other legislative entitlement.
(viii) The Traineeship
Agreement may restrict the circumstances under which the Trainee may work
overtime and shiftwork in order to ensure the
training programme is successfully completed.
A. No Trainee
Enrolled Nurses shall work overtime or shiftwork
unless under the direct supervision of a registered nurse.
B. No Trainee
Enrolled Nurse shall work shiftwork unless the
parties to a Traineeship agree that such shiftwork
makes satisfactory provision for structured training.
C. Such training
may be applied over a cycle in excess of a week, but must average over the
relevant period no less than the amount of training required for non-shiftwork Trainee Enrolled Nurses.
D. No Trainee
Enrolled Nurse shall be rostered to work a shift any less than 8 hours prior to
attending off the job training requirements, or any less than 8 hours after
having completed off the job training requirements.
(ix) The Trainee
Enrolled Nurse wages shall be in accordance with Table 1 - Salaries, of Part B,
Monetary Rates and shall be the basis for the calculation of overtime and/or
shift penalty rates prescribed by this award.
(x) A Trainee who
fails to either complete the Traineeship or who cannot for any reason be placed
in employment with the employer on successful completion of the Traineeship
shall not be entitled to any severance payments
(xi) All the terms
and conditions of this award or former industrial agreements that are
applicable to the Trainee Enrolled Nurse shall apply unless specifically varied
by this clause.
40. Right of Entry
See Part 7 of Chapter 5 of the Industrial Relations Act 1996.
41. Attendance at
Meetings and Fire Drills
(i) Any
employee required to work outside the ordinary hours of work in satisfaction of
the requirements for compulsory fire safety practices (e.g., fire drill and
evacuation procedures), contained within the NSW Health Policy Directive
PD2010_024 - Fire Safety in Health Care Facilities ,
shall be entitled to be paid the "ordinary rate" for the actual time
spent in attendance at such practices. Such time spent in attendance shall not
be viewed as overtime for the purposes of this award.
(ii) Any employee
required to attend Occupational Health and Safety Committee and/or Board of
Management meetings in the capacity of employee representative shall, if such
meetings are held outside the ordinary hours of work, be entitled to receive
payment at the "ordinary rate" for the actual time spent in
attendance at such meetings. Such time spent in attendance shall not be viewed
as overtime for the purposes of this award.
(iii) For the
purposes of this clause, "ordinary rate" shall include amounts
payable under clause 6, Salaries, subclauses (i) and
(ii) of clause 9, Special Allowances, and clause 11, Climatic and Isolation
Allowance, plus, where appropriate, the ten per cent loading prescribed in
clause 21, Part-time, Casual and Temporary Employees, for employees engaged
otherwise than as a full-time or permanent part-time employee.
42. Training for
Nurses
(i) Each
employer shall provide a minimum of 12 hours of in-service training per annum
to Assistants in Nursing.
(ii) Each employer
may make training available to nurses other than Assistants in Nursing.
(iii) Each employee
shall provide to their employer details of their attendance at in-service
training and the employer shall keep a record of this attendance.
(iv) Upon
termination of the employee’s employment the employer shall provide to the
employee a written statement of the hours of in-service training attended by
the employee.
(v) Where
practicable, such training shall be provided to employees during the normal
rostered hours of work. Where it is not practicable to provide such training
during the normal rostered hours of work then:
(a) Employees shall
attend in-service training outside their normal rostered working hours when
required to do so by the employer.
(b) An employer
shall provide employees with two weeks notice of the
requirement to attend training outside of their normal rostered working hours.
(c) Notwithstanding
clause 18, Overtime, attendance at such training shall be paid at ordinary
rates.
(d) Notwithstanding
subclause (iv) of clause 2, Hours of Work and Free
Time of Employees Other Than Directors of Nursing, attendance at such
in-service training outside the normal rostered working time of an employee
shall not affect the ordinary rate paid to the employee during normal rostered
working time.
43. Resolution of
Disputes
(i) With
a view to an amicable and speedy settlement of all disputes which cannot be
resolved between the employees or their representatives and the supervising
staff, such dispute shall be referred to the management of the facility, who
will arrange for the matter to be discussed with the employee concerned and a
representative or representatives of the Association.
(ii) Failing
settlement of the issue at this level, the matter shall be submitted to a
committee consisting of not more than four members, two of whom shall be
appointed by the facility concerned (and for the purpose of this subclause the
facility may ask their employer organisation to assist) and two by the
Association.
(iii) Whilst these
procedures are continuing, no stoppage of work or any form of ban or limitation
of work shall be applied.
(iv) The
Association reserves the right to vary this procedure where it is considered a
safety factor is involved.
(v) This clause
shall not interfere with the right of either party to institute proceedings for
the determination of any matter in accordance with the Industrial Relations Act 1996.
44.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a carer.
(2) 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.
(3) 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.
(4) 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.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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".
45. Enterprise
Arrangements
Part 1 - Parties
(i) As
part of the Structural Efficiency exercise and as an ongoing process for
improvements in productivity and efficiency, discussion should take place at an
enterprise to provide more flexible working arrangements, improvement in the
quality of working life, enhancement of skills, training and job satisfaction,
and positive assistance in the restructuring process and to encourage
consultation mechanisms across the workplace to all employees in an enterprise
and consideration of a single bargaining unit in all multi-union/union award
workplaces. Union delegates at the place of work may be involved in such
discussions.
(ii) The terms of
any proposed genuine arrangement reached between an employer and employee(s) in
any enterprise shall, after due processing, substitute for the provisions of
this award to the extent that they are contrary, provided that:
(a) A majority of
employees affected genuinely agree.
(b) Such
arrangement is consistent with the current State Wage Case principles.
(iii)
(a) Before any
arrangement requiring variation to the award is signed and processed in
accordance with Part 2 of this clause, details of such arrangements shall be
forwarded in writing to the union or unions with members in that enterprise
affected by the changes and the employer association, if any, of which the
employer is a member. A union or an employer association may, within 14 days
thereof, notify the employer in writing of any objection to the proposed
arrangements, including the reasons for such objection.
(b) When an
objection is raised, the parties are to confer in an effort to resolve the
issue.
Part 2 - Procedures to be followed - Such enterprise arrangements
shall be processed as follows
(i) All
employees will be provided with the current prescriptions (e.g., award,
industrial agreement, enterprise agreement or enterprise arrangement) that
apply at the place of work.
(ii)
(a) Where an
arrangement is agreed between the employer and the employees or their
authorised representative at an enterprise, such arrangement shall be committed
to writing.
Where the arrangement is agreed between the employer
and an absolute majority of permanent employees under this award at an
enterprise, such arrangement shall be committed to writing.
(b) The authorised
representative of employees at an enterprise may include a delegate, organiser
or official of the relevant union if requested to be involved by the majority
of employees at the establishment.
(iii) The arrangement
shall be signed by the employer, or the employer's duly authorised
representative, and the employees, or their authorised representative with whom
agreement was reached.
(iv) Where
an arrangement is objected to in accordance with paragraph (a) of subclause
(iii) of Part 1 of this clause and the objection is not resolved, an employer
may make application to the Industrial Relations Commission of New South Wales
to vary the award to give effect to the arrangement.
(v) The union
and/or the employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(vi) If
no party objects to the arrangement, then a consent application shall be made
to the Industrial Relations Commission to have the arrangement approved and the
award varied in the manner specified in subclause (vii). Such applications are
to be processed in accordance with the appropriate State Wage Case principles.
(vii) Where an
arrangement is approved by the Industrial Relations Commission and the
arrangement is contrary to any provisions of the award, then the name of the
enterprise to which the arrangement applies, the date of operation of the
arrangement, the award provisions from which the said enterprise is exempt, and
the alternative provisions which are to apply in lieu of such award provisions
(or reference to such alternative provisions), shall be set out in a schedule
to the award.
(viii) Such arrangement
when approved shall be displayed on a notice board at each enterprise affected.
(ix) No existing
employee shall suffer a reduction in entitlement to earnings, award or over
award, for working ordinary hours of work as the result of any award changes
made as part of the implementation of the arrangement.
46. Exemptions
This award shall not apply to members, novices or aspirants
of religious orders in any facility.
47. Leave Reserved
(i) Leave
is reserved to the Association to apply with respect to:
(a) senior nurse management restructure;
(c) paid maternity, paternity and adoption leave;
(d) entitlements for Association Branch officers;
(e) continuing education allowance for Assistants in Nursing;
and
(f) reasonable workloads.
(ii) Leave is reserved
to the Aged & Community Services Association of NSW. & ACT Inc., the
Australian Nursing Homes & Extended Care Association (NSW), Australian
Business Industrial and the Catholic Commission for Employment Relations to
apply with respect to:
(a) definition of a seven day shift worker;
(b) definition of ordinary pay;
(c) span of hours; and
(d) leave without pay.
48. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual Conversion
(i) A
casual employee engaged by a particular employer on a regular and systematic
basis for a sequence of periods of employment under this Award during a
calendar period of six months shall thereafter have the right to elect to have
his or her ongoing contract of employment converted to permanent full-time
employment or part-time employment if the employment is to continue beyond the
conversion process prescribed by this subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i),
upon receiving notice under paragraph (b)(ii) or after the expiry of the time
for giving such notice, may give four weeks’ notice in writing to the employer
that he or she seeks to elect to convert his or her ongoing contract of
employment to full-time or part-time employment, and within four weeks of
receiving such notice from the employee, the employer shall consent to or
refuse the election, but shall not unreasonably so refuse. Where an employer
refuses an election to convert, the reasons for doing so shall be fully stated
and discussed with the employee concerned, and a genuine attempt shall be made
to reach agreement. Any dispute about a refusal of an election to convert an
ongoing contract of employment shall be dealt with as far as practicable and
with expedition through the disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with
this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:
(1) whether the employee will convert to full-time or part-time
employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial
Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi),
the employee shall convert to full-time or part-time employment. If there is
any dispute about the arrangements to apply to an employee converting from
casual employment to full-time or part-time employment, it shall be dealt with
as far as practicable and with expedition through the disputes settlement
procedure.
(viii) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For
the purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with employees of the labour hire business and/or
contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
(iii) Nothing in this
subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000
or the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship
and Traineeship Act 2001 (or equivalent interstate legislation) and are
deemed by the relevant State Training Authority to comply with the national
standards for Group Training Organisations established by the ANTA Ministerial
Council.
49. Area, Incidence
and Duration
(i) This
award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Nursing Homes, &c., Nurses' (State) Award reprinted
and published 27 January 2012 ((372 I.G. 621) as varied.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 27 January
2012 (372 I.G. 621) and take effect on 9 November 2018
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
(ii) It shall apply
to persons engaged in the industry of nursing as defined herein within the
State of New South Wales, within the jurisdiction of the Private Hospital, Day
Procedure Centre, Nursing Home, &c., Nurses' (State) Industrial Committee,
which includes as part of its coverage the following:
Trained nurses, trainees and Assistants in Nursing and
all persons employed as nurses in the industry and calling of nursing and
employed in or in connection with a residential aged care facility.
(iii) The rates of
pay in this award include the adjustments payable under the State Wage Case
2018. These adjustments may be offset
against:
(a) any equivalent overaward payments,
and/or
(b) award wage increases since 29 May 1991 other than the safety
net, State Wage Case, and minimum rates adjustments.
The rates of pay and allowances in Part B, Monetary
Rates take effect from the first pay period on or after 28 September 2018.
PART B
MONETARY RATES
Table 1 - Salaries
WAGES
Effective from the first full pay period on or after 28 September 2018
|
SWC 2017
|
Increase
|
SWC 2018
|
CLASSIFICATION
|
FFPP
|
3.5%
|
FFPP
|
|
28/09/2017
|
|
28/09/201
|
|
|
|
8
|
ASSISTANT IN NURSING / TRAINEE ENROLLED
|
|
|
|
NURSE
|
|
|
|
|
|
|
|
UNDER 18 YEARS
|
|
|
|
FIRST YEAR OF EXPERIENCE
|
$667.10
|
3.5%
|
$690.40
|
SECOND YEAR OF EXPERIENCE
|
$696.70
|
3.5%
|
$721.10
|
THEREAFTER
|
$724.30
|
3.5%
|
$749.70
|
|
|
|
|
18 YEARS AND OVER
|
|
|
|
FIRST YEAR OF EXPERIENCE
|
$784.00
|
3.5%
|
$811.40
|
SECOND YEAR OF EXPERIENCE
|
$808.10
|
3.5%
|
$836.40
|
THIRD YEAR OF EXPERIENCE
|
$832.70
|
3.5%
|
$861.80
|
THEREAFTER
|
$857.90
|
3.5%
|
$887.90
|
|
|
|
|
|
|
|
|
ENROLLED NURSE
|
|
|
|
FIRST YEAR OF EXPERIENCE
|
$956.70
|
3.5%
|
$990.20
|
SECOND YEAR OF EXPERIENCE
|
$976.20
|
3.5%
|
$1,010.40
|
THIRD YEAR OF EXPERIENCE
|
$997.10
|
3.5%
|
$1,032.00
|
FOURTH YEAR OF EXPERIENCE
|
$1,017.60
|
3.5%
|
$1,053.20
|
THEREAFTER
|
$1,038.20
|
3.5%
|
$1,074.50
|
|
|
|
|
|
|
|
|
REGISTERED NURSE GENERAL, MR PSYCH.,
|
|
|
|
INFANTS, GERIATRIC, MIDWIFERY
|
|
|
|
FIRST YEAR OF SERVICE
|
$1,080.50
|
3.5%
|
$1,118.30
|
SECOND YEAR OF SERVICE
|
$1,138.00
|
3.5%
|
$1,177.80
|
THIRD YEAR OF SERVICE
|
$1,195.20
|
3.5%
|
$1,237.00
|
FOURTH YEAR OF SERVICE
|
$1,256.40
|
3.5%
|
$1,300.40
|
FIFTH YEAR OF SERVICE
|
$1,317.40
|
3.5%
|
$1,363.50
|
SIXTH YEAR OF SERVICE
|
$1,378.30
|
3.5%
|
$1,426.50
|
SEVENTH YEAR OF SERVICE
|
$1,448.00
|
3.5%
|
$1,498.70
|
EIGHTH YEAR OF SERVICE
|
$1,506.20
|
3.5%
|
$1,558.90
|
|
|
|
|
NURSING UNIT MANAGER (personal to current
|
|
|
|
occupants as at 1 March 1999).
|
|
|
|
|
|
|
|
LEVEL 1
|
|
|
|
FIRST YEAR
|
$1,667.70
|
3.5%
|
$1,726.10
|
SECOND YEAR
|
$1,714.00
|
3.5%
|
$1,774.00
|
LEVEL 2
|
$1,758.70
|
3.5%
|
$1,820.30
|
LEVEL 3
|
$1,801.10
|
3.5%
|
$1,864.10
|
NURSE UNDERGOING PRE-REGISTRATION
|
$935.30
|
3.5%
|
$968.00
|
ASSESSMENT
|
|
|
|
|
|
|
|
CLINICAL NURSE SPECIALIST
|
$1,567.00
|
3.5%
|
$1,621.80
|
|
|
|
|
CLINICAL NURSE CONSULTANT
|
$1,845.90
|
3.5%
|
$1,910.50
|
|
|
|
|
CLINICAL NURSE EDUCATOR
|
$1,567.00
|
3.5%
|
$1,621.80
|
|
|
|
|
|
|
|
|
NURSE EDUCATOR
|
|
|
|
FIRST YEAR
|
$1,667.60
|
3.5%
|
$1,726.00
|
SECOND YEAR
|
$1,714.00
|
3.5%
|
$1,774.00
|
THIRD YEAR
|
$1,755.30
|
3.5%
|
$1,816.70
|
FOURTH YEAR
|
$1,845.90
|
3.5%
|
$1,910.50
|
|
|
|
|
SENIOR NURSE EDUCATOR
|
|
|
|
FIRST YEAR
|
$1,889.90
|
3.5%
|
$1,956.00
|
SECOND YEAR
|
$1,928.00
|
3.5%
|
$1,995.50
|
THIRD YEAR
|
$1,991.40
|
3.5%
|
$2,061.10
|
|
|
|
|
ASSISTANT DIRECTOR OF NURSING
|
|
|
|
LESS THAN 150 BEDS
|
$1,714.00
|
3.5%
|
$1,774.00
|
150-250 BEDS
|
$1,845.90
|
3.5%
|
$1,910.50
|
250 BEDS AND OVER
|
$1,889.90
|
3.5%
|
$1,956.00
|
|
|
|
|
|
|
|
|
DEPUTY DIRECTOR OF NURSING
|
|
|
|
LESS THAN 20 BEDS
|
$1,748.20
|
3.5%
|
$1,809.40
|
20 BEDS, LESS THAN 75 BEDS
|
$1,792.60
|
3.5%
|
$1,855.30
|
75 BEDS, LESS THAN 100 BEDS
|
$1,833.50
|
3.5%
|
$1,897.70
|
100 BEDS, LESS THAN 150 BEDS
|
$1,871.90
|
3.5%
|
$1,937.40
|
150 BEDS, LESS THAN 200 BEDS
|
$1,927.90
|
3.5%
|
$1,995.40
|
200 BEDS, LESS THAN 250 BEDS
|
$1,991.40
|
3.5%
|
$2,061.10
|
250 BEDS, LESS THAN 350 BEDS
|
$2,065.00
|
3.5%
|
$2,137.30
|
350 BEDS, LESS THAN 450 BEDS
|
$2,137.60
|
3.5%
|
$2,212.40
|
450 BEDS, LESS THAN 750 BEDS
|
$2,216.10
|
3.5%
|
$2,293.70
|
750 BEDS AND OVER
|
$2,300.80
|
3.5%
|
$2,381.30
|
|
|
|
|
DIRECTOR OF NURSING
|
|
|
|
LESS THAN 25 BEDS
|
$1,951.60
|
3.5%
|
$2,019.90
|
25 BEDS, LESS THAN 50 BEDS
|
$2,065.00
|
3.5%
|
$2,137.30
|
50 BEDS, LESS THAN 75 BEDS
|
$2,108.60
|
3.5%
|
$2,182.40
|
75 BEDS, LESS THAN 100 BEDS
|
$2,151.90
|
3.5%
|
$2,227.20
|
100 BEDS, LESS THAN 150 BEDS
|
$2,213.10
|
3.5%
|
$2,290.60
|
150 BEDS, LESS THAN 200 BEDS
|
$2,286.30
|
3.5%
|
$2,366.30
|
200 BEDS, LESS THAN 250 BEDS
|
$2,359.00
|
3.5%
|
$2,441.60
|
250 BEDS, LESS THAN 350 BEDS
|
$2,446.70
|
3.5%
|
$2,532.30
|
350 BEDS, LESS THAN 450 BEDS
|
$2,592.80
|
3.5%
|
$2,683.50
|
450 BEDS, LESS THAN 750 BEDS
|
$2,741.70
|
3.5%
|
$2,837.70
|
750 BEDS AND OVER
|
$2,912.10
|
3.5%
|
$3,014.00
|
Table 2 - Other Rates and Allowances
ITEM
NO.
|
BRIEF
DESCRIPTION
|
CLAUSE
NO.
|
RATE
2017
|
INCREASE
|
RATE
2018
|
PERIOD
|
1
|
In Charge of Nursing Home
|
9(i)(a)
|
|
|
|
|
|
(a) less than 100 beds
|
|
$26.79
|
3.5%
|
$27.73
|
per
shift
|
|
(b) 100 beds and less than 150 beds
|
|
$43.12
|
3.5%
|
$44.63
|
per
shift
|
2
|
In Charge of ward/unit
|
9(i)(b)
|
$26.79
|
3.5%
|
$27.73
|
per
shift
|
3
|
On Call
|
9(ii)(a)
|
$23.86
|
3.5%
|
$24.70
|
per
24 hours or part thereof
|
4
|
On Call on rostered days off
|
9(ii)(b)
|
$47.73
|
3.5%
|
$49.40
|
per
24 hours or part thereof
|
5
|
On Call During Meal Break
|
9(ii)(c)
|
$12.92
|
3.5%
|
$13.37
|
per
shift
|
6
|
Travelling Allowance
|
9(ii)(d)
|
$0.76
|
2.1%
|
$0.78
|
per
km
|
7
|
Climatic Allowance
|
11(i)
|
$4.95
|
3.5%
|
$5.12
|
per
week
|
8
|
Isolation Allowance
|
11(ii)
|
$9.57
|
3.5%
|
$9.90
|
per
week
|
9
|
Expense Allowance for DON's
|
13
|
|
|
|
|
|
less 100 beds
|
|
$277.45
|
2.1%
|
$283.28
|
per
annum
|
|
100 - 299 beds
|
|
$553.73
|
2.1%
|
$565.36
|
per
annum
|
|
300 - 499 beds
|
|
$831.20
|
2.1%
|
$848.66
|
per
annum
|
|
over 500 beds
|
|
$1,109.03
|
2.1%
|
$1,132.32
|
per
annum
|
10
|
Uniforms
|
16(iii)(a)
|
$7.44
|
2.1%
|
$7.60
|
per
week
|
11
|
Shoes
|
16(iii)(a)
|
$2.30
|
2.1%
|
$2.35
|
per
week
|
12
|
Cardigan or Jacket
|
16(iii)(b)
|
$2.23
|
2.1%
|
$2.28
|
per
week
|
13
|
Stockings
|
16(iii)(c)
|
$3.88
|
2.1%
|
$3.96
|
per
week
|
14
|
Socks
|
16(iii)(d)
|
$0.77
|
2.1%
|
$0.79
|
per
week
|
15
|
Laundry
|
16(iv)
|
$6.22
|
2.1%
|
$6.35
|
per
week
|
16
|
Meal on Overtime
|
18(vi)
|
$10.96
|
2.1%
|
$11.19
|
per
week
|
17
|
Breakfast
|
28(i)(c)
|
$4.10
|
2.1%
|
$4.19
|
per
week
|
18
|
Other Meals
|
28(i)(c)
|
$7.43
|
2.1%
|
$7.59
|
per
week
|
Table 3, Continuing Education Allowances
ITEM
NO.
|
BRIEF DESCRIPTION
|
CLAUSE
|
RATE
|
INCREASE
|
RATE
|
PERIOD
|
|
|
NO.
|
2017
|
|
2018
|
|
1
|
Continuing education allowance: RN
|
10
(vii)
|
$22.47
|
3.5%
|
$23.26
|
per
week
|
2
|
Continuing education allowance: RN
|
10
(viii)
|
$37.45
|
3.5%
|
$38.76
|
per
week
|
3
|
Continuing education allowance: RN
|
10
(ix)
|
$44.94
|
3.5%
|
$46.51
|
per
week
|
4
|
Continuing education allowance: EN
|
10
(x)
|
$14.98
|
3.5%
|
$15.50
|
per
week
|
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.