Public Hospitals (Professional and Associated
Staff) Conditions of Employment (State) Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 186573 of 2021)
Before Chief Commissioner Constant
|
30 July 2021
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Hours
2A. Multiple
Assignments
3. Roster of
Hours
4. Climatic
and isolation allowance
5. Part-time
Employees
6. Board and Lodging
7. Relieving
Other Members of Staff
8. Overtime
8A. On Call -
Physiotherapists, Occupational Therapists and Speech Pathologists
8B. On Call
Allowance - Social Workers and Sexual Assault Workers
8C. Call-Out
Allowance - Social Workers and Sexual Assault Workers
9. Penalty
Rates for Shift Work and Weekend Work
10. Meals
11. Public
Holidays
12. Annual
Leave
13. Long
Service Leave
14. Sick Leave
15. Payment and
Particulars of Salary
16. Termination
of Employment
17. Accommodation
and Amenities
18. Inspection
of Lockers of Employees
19. Uniforms
and Protective Clothing
20. Promotions
and Appointments
21. New
Positions
22. Notice
Board
23. Mobility,
Excess Fares and Travelling
24. Disputes
25. Family and
Community Services Leave and Personal/Carer’s Leave
25A. Family
Violence Leave
26. General
Conditions
27. Maternity,
Adoption and Parental Leave
27A. Lactation
Breaks
28. Union
Representative
29. Blood Count
30. Exemptions
31 Anti-Discrimination
32 Labour
Flexibility
33 Salary
Packaging
34 Salary
Sacrifice to Superannuation
35 Reasonable
Hours
36 Induction
and Orientation
37 No Extra
Claims
38 Area,
Incidence and Duration
PART B - MONETARY RATES
Table 1 - Rates and Allowances
PART A
1. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have their respective meanings
assigned to them -
"Day Worker" means a worker who works their
ordinary hours from Monday to Friday inclusive and who commences on such days
at or after 6 a.m. and before 10 a.m. otherwise than as part of a shift system.
"Employer" means the Secretary of the Ministry of
Health exercising employer functions on behalf of the Government of New South
Wales.
"Health Institution" means an institution (other
than a hospital) by or at which health services or health support services are
provided as defined in the Dictionary of the Health Services Act 1997,
as amended or varied from time to time.
"Hospital" means a public hospital as defined
under section 15 of the Health Services Act 1997, as amended or varied
from time to time.
"Public Health Organisation" means an organisation
defined in section 7 of the Health Services Act 1997 as follows:
(a) a Local Health
District; or
(b) a statutory
health corporation; or
(c) an affiliated
health organisation in respect of its recognised establishments and recognised
services.
"Shift Worker" means a worker who is not a day
worker as defined.
"Union" means the Health Services Union NSW.
2. Hours
(i) The ordinary
hours of work for day workers, exclusive of mealtimes, 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 exclusive of mealtimes shall be 152 hours per
28 calendar days.
(iii) Each day worker
shall be free from duty for not less than two full days in each week and each
shift worker shall be free from duty for not less than two full days in each
week or four full days in each fortnight. Where practicable such days off duty
shall be consecutive.
(iv)
(a) The hours of
work of a full time employee prescribed in subclauses (i) and (ii) of this
clause shall, where possible, be arranged in such a manner that in each cycle
of 28 days each employee shall not work his or her ordinary hours of work on
more than nineteen days in the cycle. The hours worked on each of those days
shall be arranged to include a proportion of one hour (in the case of employees
working shifts of eight hours duration the proportion of 0.4 of an hour) which
shall accumulate towards the employee's allocated day off duty on pay, as the
twentieth working day of the cycle.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, employees who were, as at
the 30 June 1984, working shifts of less than eight hours duration may:
(i) continue to
work their existing total hours each 28 days but spread over 19 days, or
(ii) with the
agreement of the employer, continue to work shifts of the same duration over 20
days in each cycle of 28 days.
(v) The employee's
allocated day off duty prescribed in subclause (iv) of this clause shall be
determined by mutual agreement between the employee and the employer having
regard to the needs of the employer. Where practicable such allocated day off
duty shall be consecutive with the days off duty prescribed by subclause (iii)
of this clause.
(vi) Once set the
allocated day off duty may not be changed in a current cycle unless there are
genuine unforeseen circumstances prevailing. Where such circumstances exist and
the allocated day off is changed, another day shall be substituted in the
current cycle. Should this not be practicable, the day must be given and taken
in the next cycle immediately following.
(vii) Where the
employer and the Union agree that exceptional circumstances exist in a
particular hospital, or health institution an employee's allocated days off
duty prescribed by subclause (iv) of this clause may, with the agreement of the
employee concerned, accumulate and be taken at a time mutually agreed upon
between the employee and the employer. Provided that the maximum number of
allocated days off duty which may accumulate under this subclause shall be
three.
(viii) There shall be
no accrual of 0.4 an hour for each day of ordinary annual leave taken in
accordance with subclause (i) of clause 12, Annual Leave, of this Award.
However, where an employee has accumulated sufficient time to take their
allocated day off duty prior to entering on annual leave, and that day would
have been taken if the employee had not gone on annual leave, it shall be
allowed to the employee on the first working day immediately following the
period of leave.
Where an employee has not accumulated sufficient time
for an allocated day off duty prior to entering on annual leave, time in credit
shall count towards taking the next allocated day off duty falling in sequence
after the employee’s return to duty.
(ix) An employee
entitled to allocated days off duty in accordance with subclause (iv) of this
clause shall continue to accumulate credit towards their allocated day off duty
whilst on sick leave.
Where an employee's allocated day off duty falls during
a period of sick leave, the employee's available sick leave shall not be
debited for that day.
(x) Where an
employee's allocated day off duty falls due during a period of workers
compensation, the employee, on returning to duty, shall be given the next
allocated day off duty in sequence irrespective of whether sufficient credits
have been accumulated or not.
(xi) Where an
employee's allocated day off duty falls on a public holiday as prescribed by clause
11, Public Holidays, of this Award, the next working day shall be taken in lieu
thereof.
(xii) Except for one
meal break each day all time worked between the normal starting and ceasing
time each day shall be at ordinary rates of pay.
(xiii)
(a) One twenty
minute interval (in addition to meal break) shall be allowed each employee on
duty for a tea break during each ordinary shift of 8 hours. Such interval shall
count as working time. Part-time employees who are engaged for less than a
whole shift on any one day shall only be entitled to one tea break of 10
minutes.
(b) Where it is not
possible due to the nature of the work performed to have one twenty minute break,
the employee may take one ten (10) minute break and be permitted to proceed off
duty ten (10) minutes prior to the rostered finishing time of that shift.
(c) Paragraph (b)
of this subclause will only be exercised in special and exceptional
circumstances and with the expressed approval of the employer in consultation
with the employee.
(xiv) There shall be a
minimum break of eight (8) hours between ordinary rostered shifts.
2A. Multiple
Assignments
(i) Multiple assignments under this Award
exist when:
a. An employee has more than one position
under this Award within the New South Wales Health Service, and
b. The same conditions of employment within
the Award apply to the positions.
Each of
these positions is referred to in this clause as "assignments".
(ii) Where an employee has multiple assignments
with different ordinary rates of pay, the employee shall be paid in relation to
the ordinary hours worked in each separate assignment at the ordinary rate of
pay applicable to that assignment.
(iii) This clause does not apply to employees who
have multiple casual assignments only.
The Award provisions are to apply separately to each casual assignment.
Multiple Assignments Within a Single Organisation in the
Public Health System
(iv) The following provisions apply to employees
with two or more assignments, that comply with 2A(i), within a single
Organisation in the Public Health System:
(a) The work performed in each of an
employee’s assignments shall be aggregated for the purposes of determining all
of the employee’s entitlements under this Award.
Hours, Additional Days Off, and Overtime
(b) The combined total number of ordinary
hours worked under an employee’s multiple assignments shall not exceed the
hours of work as set out in clause 2, Hours.
(c) Where the combined total number of
ordinary hours worked under an employee’s multiple assignments is equivalent to
those set out for the ordinary hours of work for day workers (ie full time) in clause
2 they will be considered as a full time employee for the purposes of the Award
and:
1. that employee is entitled to allocated
days off in accordance with clause 2, Hours, and
2. clause 8 Overtime shall apply for the
purposes of overtime.
(d) Where the combined total number of
ordinary hours worked under an employee’s multiple assignments is less than
those set out in subclause (c) of this subclause they will be treated in
accordance with Part I of clause 5, Part-time Employees.
1. All ordinary hours and additional hours
paid at ordinary rates in each assignment shall be aggregated and treated as if
they were worked under a single assignment, in accordance with Part I of clause
5, Part-time Employees, and
2. Overtime as prescribed in clause 8,
Overtime (including subclause (xiii).
(e) The rostering of additional days off will
be co-ordinated between the employee’s line managers to ensure that the
additional days off are proportionately rostered across the employee’s
assignments. Where an employee has
multiple assignments with different ordinary rates of pay, the additional day
off will be paid at the rate of pay relevant to the assignment in which it is
rostered.
(f) Where an employee has multiple
assignments with different ordinary rates of pay, the rate of pay used to
determine the additional hours or overtime payable shall be the rate applicable
to the assignment which generated the additional hours or overtime.
(g) Where overtime is compensated by way of
time off in lieu as set out in clause 8, Overtime, that time off in lieu must
be taken in the assignment which generated the overtime.
(h) Employees who are in full time or part
time assignments cannot be engaged on a second or further assignment as a
casual employee under the Award. Any
additional hours worked by such employees are to be remunerated in accordance
with subclauses (c) or (d) of this subclause.
Public
Holidays - Rostered Day Off
(i) Each assignment will stand alone when
calculating payment for a public holiday that falls on a rostered day off under
clause 11, Public Holidays, paragraph (i)(c). The annual election for the
payment arrangements required under paragraph (i)(d) will be the same for each
of the employee’s multiple assignments.
Temporary
Employees
(j) Where an employee has an assignment which attracts a 10% loading in accordance
with clause 3.2 of the Health Industry Status of Employment (State) Award 2019,
as varied or replaced from time to time, the 10% loading shall only apply to hours worked in that assignment.
While ever this loading is paid, the provisions of subclauses (p), (q) and (s)
of this subclause shall not apply to the temporary assignment.
Employees
Engaged as Part Time as at 10 February 1992
(k) Where an employee:
1. has elected to receive the benefits set
out in Part II of clause 5, Part-time Employees, in relation to an assignment,
and
2. after the date this clause was operative
in this Award the employee commences in a second or further permanent part time
assignment (as set out in Part I of clause 5, Part-time Employees) and their
combined total number of ordinary hours worked in all assignments is less than
those set out in subclause (c) of this subclause;
Part II of clause 5, Part-time Employees shall cease to
apply and the employee will be a Permanent Part-time Employee for the purposes
of the Award.
(l) Where an employee:
1. has elected to receive the benefits set
out in Part II of clause 5, Part-time Employees, in relation to an assignment,
and
2. their combined total number of ordinary
hours worked in all assignments is equal to or more than those set out in
subclause (c) of this subclause,
Part II of clause 5, Part-time Employees shall not
apply to any of their assignments.
Incremental Progression
(m) Where an employee has multiple assignments
in the same classification and pay rate, the employee will progress from one increment
(year step) to the next increment after the employee has completed the full
time equivalent of one year in the increment having regard to the work
performed in all assignments. Further,
an employee must complete a minimum of one calendar year in an increment before
progressing to the next increment.
(n) Where an employee has multiple assignments
in the same classification, but different grades and/or pay rates, the
employee’s service in the higher grade will count for the purposes of
incremental progression in the lower grade.
However, service in the lower grade shall not count for the purposes of
incremental progression in the higher grade.
(o) Where an employee has multiple assignments
in different classifications, the employee’s service in each assignment will
not count for the purpose of incremental progression in the other assignment.
Leave
(p) All ordinary hours worked by an employee
in multiple assignments shall count towards determining the employee’s leave
entitlements.
(q) Employees with multiple assignments shall
be entitled to take all forms of leave in any of their assignments. That is, leave accrued by an employee through
work performed in one assignment, can be taken by that employee in their other
assignment/s.
(r) Where an employee has multiple
assignments with different ordinary rates of pay, the employee shall be paid
for leave taken at the rate of pay relevant to the assignment in which the
leave was taken or rostered.
(s) An employee’s combined total number of
ordinary hours worked in their multiple assignments will be used to calculate
additional annual leave in accordance with paragraph (ii)(b) of clause 12,
Annual Leave.
(t) Service in all assignments will be
recognised for the purposes of entitlements under clause 27, Maternity,
Adoption and Parental Leave.
(u) Where an employee’s assignment is
terminated but the employee remains employed under another full time or part
time assignment, all leave credits will be transferred to the remaining assignments.
The employee shall not be paid out the monetary value of the annual leave or
long service leave accrued in the terminated assignment.
Disclosures,
Notifications and Approvals
(v) Employees must, at the time they apply for
any second or further assignment, disclose in writing that they are already
employed by NSW Health and provide details of that assignment including:
1. the position/s currently held
2. the facility in which the existing
position/s are worked
3. the classification/s under which they
are engaged in each position
4. the number of ordinary hours worked in
each position
5. any regular additional hours or overtime
that is worked in each position
6. whether the position/s is worked
according to a set roster and if so, the details of that roster arrangement;
and
(w) Prior to accepting an offer for a second
or further assignment, employees must provide to their current manager details
of that proposed assignment including:
1. the position they have applied for
2. the facility in which the proposed new
assignment is to be worked
3. the classification under which they
would be engaged in the new assignment
4. the number of ordinary hours to be
worked in the proposed assignment
5. whether the position is to be worked according
to a set roster and if so, the details of that roster arrangement.
(x) A Public Health Organisation may elect on
reasonable grounds to withhold the approval of a second or further assignment
to employees who are already employed in another assignment.
(y) Before accepting any change in roster or
undertaking additional hours or overtime that will impact on another
assignment, employees who hold multiple assignments must notify their current
manager of the details of their next shift in either assignment. Managers must not change rosters or require
employees to work additional hours or overtime where these will impact on the
employee’s roster in the other assignment (for example by generating overtime)
without first consulting the manager of the other assignment/s. (By way of example, if an employee is
requested by Manager 1 in Assignment 1 to undertake additional hours in
Assignment 1 that may impact on the roster in Assignment 2, the employee must
notify Manager 1 of the impact. Manager
1 must not change rosters/hours that impact on Assignment 2 without first
consulting Manager 2.)
Multiple Assignments Across Different Organisations in the
Public Health System
(v) Multiple Assignments, that meet the
criteria in subclause (i) of this clause and
they are worked in different Organisations in the Public Health System,
will be regarded as entirely separate for all purposes under the Award,
including the accrual and taking of leave. The only exceptions are:
(a) At the time an employee commences an
assignment in another Organisation in the Public Health System the employee’s
accrued leave will be apportioned across their assignments (for example, a 0.6
full time equivalent employee who commences another 0.4 full time equivalent
assignment in another Organisation in the Public Health System will have 60% of
their leave accruals allocated to the former assignment and 40% to the latter
assignment) unless prior to commencing the new assignment the employee elects
that this apportioning does not occur. After
this apportioning, leave accrues separately in each assignment, based on the
hours worked in each assignment. The
employer will notify the employee of their right to make this election prior to
the apportioning taking place.
(b) Employees who have multiple assignments
across different Organisations in the Public Health System at the time this
clause became operative in this award may elect to apportion their accrued
leave across their assignments.
(c) Service in all assignments will be
aggregated for the purposes of calculating entitlements under clause 13, Long
Service Leave.
(d) Service in all assignments will be
recognised for the purposes of entitlements under clause 27, Maternity,
Adoption and Parental Leave.
(e) Service in all assignments will be
recognised for the purposes of entitlements of Family and Community Services
Leave and Personal Carer’s Leave as provided in clause 25.
(f) Service in all assignments will be
recognised for the purposes of entitlements of Family Violence Leave as
provided in clause 25A.
(g) Where an employee terminates an
assignment, any leave credits that are held against that assignment will be
transferred to the remaining assignment/s.
(h) If prior to the introduction of this
clause and/or the StaffLink payroll system an employee received additional days
off and/or overtime in accordance with subclause (ii) of clause 8, Overtime,
that employee shall continue to receive those benefits until one of the
assignments is terminated.
(i) Where an employee has three or more
assignments, one or more of which are in different Organisation in the Public
Health System, subclause (iv) of this clause shall apply to those assignments
which are within a single Organisation in the Public Health System.
Changes to the composition of Organisation in the Public
Health System
(vi) The employer and the Association agree to
review this clause in the event that the boundaries of any Organisation in the
Public Health System change.
(vii) Where any change to the boundaries of any
Organisation in the Public Health System causes an employee’s multiple
assignments to which subclause (iv) of this clause previously applied to then
be subject to subclause (v) of this clause, subclause (iv) of this clause shall
continue to apply (to the exclusion of subclause (v) of this clause) to those
assignments until one of them is terminated.
3. Roster of Hours
(i) The ordinary
hours of work for each employee shall be displayed on a roster in a place
conveniently accessible to employees. Where reasonably practicable such roster
shall be displayed two weeks but, in any case at least one week, prior to the
commencing date of the first working period in any roster.
Provided that this provision shall not make it
obligatory for the employer to display any roster of ordinary hours of work of
members of the relieving staff.
Provided further that a roster may be altered at any
time to enable the services of the hospital or health institution to be carried
on where another employee is absent from duty on account of illness or in
emergency but where any such alteration involves an employee working on a day
which would have been their day off such time worked shall subject to subclause
(vi) of clause 2, Hours, of this Award, be paid for at overtime rates.
(ii) Where an
employee is entitled to an allocated day off duty in accordance with the said clause
2, that allocated day off duty is to be shown on the roster of hours for that
employee.
4. Climatic and
Isolation Allowance
(i) Subject to
subclause (ii), of this clause, persons employed in hospitals or health
institutions in places situated upon or to the west of a line drawn as herein
specified shall be paid an allowances set in Item 1 of Table 1 of Part B in
addition to the salary to which they are otherwise entitled. The line shall be
drawn as follows, viz:
Commencing at Tocumwal and thence to the following
towns in the order stated, namely, Lockhart, Narrandera, Leeton, Peak Hill,
Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.
(ii) Persons
employed in hospitals or health institutions in places situated upon or to the
west of a line drawn as herein specified shall be paid an allowance set in Item
2 of Table 1 of Part B in addition to the salary to which they are otherwise
entitled. The line shall be drawn as follows, viz:
Commencing at a point on the right bank of the Murray
River opposite Swan Hill (Vic.) and thence to the following towns, in the order
stated, namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.
(iii) The allowances
prescribed by this clause are not cumulative.
(iv) 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.
(v) A part-time
employee shall be entitled to the allowances prescribed by this clause in the
same proportion as the average hours worked each week bears to 38 ordinary
hours.
5. Part-Time Employees
Part 1 - Permanent Part-time Employees
(i) A permanent part-time
employee is one who is permanently appointed by the employer to work a
specified number of hours which are less than those prescribed for a full-time
employee.
(ii) Permanent
part-time employees shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the rate prescribed by the salaries clause of each relevant
calling, with a minimum payment of 3 hours for each start.
(iii) Employees
engaged under this part 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 2 - Savings Provisions
(i) Employees
engaged as part-time employees as at 10 February 1992 were entitled to exercise
the option of receiving the benefits of employment applicable to those employed
under Part 1 of this clause or in lieu thereof the following:
(a) Such part-time
employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate, plus 15 per cent of the appropriate
hourly rate.
(b) For entitlement
to payment in respect of Annual Leave, see Annual Holidays Act 1944.
(ii) An employee
engaged as a part-time employee as at 10 February 1992 who has taken the option
of payment in accordance with Part 1 of this clause cannot revert to the
provisions of Part 2.
Part 3 - Exclusions
With respect to employees employed under Part 1, the
provisions of subclauses (i), (ii) and (iv) to (xii) of clause 2, Hours, shall
not apply.
With respect to employees employed under Part 2 of this
clause, the provisions of subclauses (i), (ii) and (iv) to (xii) of the said clause
2 and clause 8, Overtime, shall not apply.
6. Board and Lodging
(i) Where an
employee is provided with accommodation in a traditional style Nurses' Home
deductions from salary shall be made at the rate prescribed from time to time
by the Public Health System Nurses’ and Midwives’ (State) Award 2019, as varied
or replaced from time to time, provided that no deduction shall be made when
the employee is absent from the hospital for a period of at least six
consecutive nights on annual, sick or long service leave.
(ii) An employer
shall provide for an employee who lives out light refreshment for morning and
afternoon tea when the employee is on duty at times appropriate for the
partaking thereof.
7. Relieving Other
Members of Staff
An employee who is called upon to relieve an employee in a
higher classification continuously for five working days or more and who
satisfactorily performs the whole of the duties and assumes the whole of the
responsibilities of the higher classification shall be entitled to receive, for
the period of relief, the minimum pay of such higher classification.
8. Overtime
(i) All time worked
by employees outside the ordinary hours in accordance with clause 2, Hours, and
clause 3, Roster of Hours, of this Award shall be paid for at the rates of time
and one-half up to 2 hours each day and thereafter at the rate of double time;
provided however, that all overtime worked on Sunday shall be paid for at the
rate of double time and all overtime worked on Public Holidays shall be paid
for at the rate of double time and one half.
(ii) Subject to
subclauses (iii) - (vii) below, employees who are recalled for duty, whether
notified before or after leaving the employer’s premises, shall be paid for all
time worked at the appropriate overtime rate, with a minimum of four hours at
such rates.
(iii) Employees may
be required to perform other work that arises during the recall period.
Employees shall not be required to work the full four hour minimum payment
period if they complete the work they were recalled to perform and any
additional work they are required to undertake, within a shorter period.
(iv) The employer
must have processes in place for the formal release of employees from recall
duty.
(v) Employees who
are not formally released and who are recalled again during the four hour
minimum payment period are not entitled to any additional payment until the
expiration of the four hour period.
(vi) Employees who
are advised they will not be required to perform any additional work and are
formally released and who are subsequently recalled again during the four hour
minimum payment period, shall be entitled to another four hour minimum payment.
(vii) Employees
required to work overtime after leaving the employer’s premises to provide a
technology support resolution or clinical appraisal remotely without onsite
presence, shall be paid for such work at the appropriate overtime rate, with a
minimum of one hour at such rates. This clause shall not apply to employees
covered by clause 8B, On Call Allowance - Social Workers and Sexual Assault
Workers, of this Award.
(viii) An
employee recalled to work overtime as prescribed by subclause (ii), of this
clause shall be paid all fares and expenses reasonably incurred in travelling
to and from their place of work. Provided further that where an employee elects
to use their own mode of transport, they shall be paid an allowance equivalent
to the "Transport Allowance" as provided by Determination made under
the Health Services Act 1997, as varied from time to time.
(ix) When overtime
work is necessary it shall, wherever reasonably practical, be so arranged that
employees have at least eight consecutive hours off duty between the work on
successive days or shifts.
(x) An employee who
works 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 and a holiday, not being ordinary working days, or on a rostered day off
without having had eight consecutive hours of duty in the twenty-four hours
preceding their ordinary commencing time on their next ordinary day or shift;
shall, subject to this subclause, be released after completion of such overtime
until they have eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence. If, on the instruction of
their employer, such an employee resumes or continues to work without having
such eight consecutive hours off duty they shall be paid at double rates 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) For the purposes
of assessing overtime each day shall stand alone, provided however that where
any one period of overtime is continuous and extends beyond midnight, all
overtime hours in this period shall be regarded as if they had occurred within
the one day.
(xii) This clause
shall not apply to Social Workers or Sexual Assault Workers in circumstances
where they are entitled to payment in accordance with provisions of clause 8C,
Call Out Allowance - Social Workers and Sexual Assault Workers, of this Award.
(xiii) All time worked
by employees employed pursuant to Part 1 of clause 5, Part-time 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.
(xiv)
(a) In lieu of the
conditions specified in subclauses (i) and (ii) employees engaged in Community
Health may be compensated for overtime worked by taking time in lieu of the
overtime.
(b) The time in lieu
is to be taken within three months of the overtime being worked and is to be
granted at the ordinary time rate.
If the time in lieu is not taken within the three
months period it is to be paid to the employee at the appropriate overtime rate
at the time the overtime was worked and at the wage rate applying at the time
payment is made.
8A. On Call -
Physiotherapists, Occupational Therapists and Speech Pathologists
(i) This clause
applies only to staff classified as Physiotherapists, Occupational Therapists
and Speech Pathologists under the NSW Health Service Health Professionals
(State) Award 2019, as varied or replaced from time to time.
(ii) An "on
call period" is a period during which an employee is required by the
employer to be on call.
(iii) For the
purposes of calculation of payment of on-call allowances and for call back
duty, an on call period shall not exceed 24 hours.
(iv) An employee
shall be paid for each on call period, at the option of the employer, either an
allowance per on call period or an on call allowance per week. The on call
allowances are set out in Item 8 of Part B, Table 1.
8B. On Call Allowance
- Social Workers and Sexual Assault Workers
(i) This clause
applies only to staff classified as Social Workers and Sexual Assault Workers
under the NSW Health Service Health Professionals (State) Award 2019 or under
any other Determination, as varied or replaced from time to time.
(ii) An "on
call period" is a period during which an employee including part-time
employees is required by the employer, to be on call in accordance with
subclause (iii) of this clause.
(iii) Employees,
including part-time employees, rostered to be "on call" and to
provide a telephone counselling service during period of such "on
call" shall be entitled to payment at the rate of one-third of the
employee’s normal pay for each hour of performing the above duty, provided that
there shall be a maximum payment in respect of each "on call" period
of two and one-half hours’ pay. Provided that "on call" periods -
(a) which commence
on or after 9.00 a.m. Saturday and finish on or before 9.00 a.m. Monday should
not exceed 12 hours;
(b) which commence
on or after 9.00 a.m. Monday and finish on or before 9.00 a.m. Saturday should
not exceed 16 hours; and
(c) where "on
call" periods outlined in paragraphs (a) and (b) of this clause exceed the
maximum allowed therein then such period in excess shall attract additional
payment at the rate outlined in this subclause to a maximum of two and one-half
hours’ pay.
8C. Call Out Allowance
- Social Workers and Sexual Assault Workers
(i) This clause
applies only to staff classified as Social Workers and Sexual Assault Workers
under the NSW Health Service Health Professionals (State) Award 2019 or under
any other Determination, as varied or replaced from time to time.
(ii) "Call
out" is the period over which an employee including part-time employees is
required by the employer to return to duty. For the purpose of this definition,
call out shall only apply to on call and unrostered time periods.
(iii) Employees
including part-time employees who are recalled to duty outside normal hours
shall be paid a minimum of three hours at the appropriate overtime rate for
each recall to duty subject to:
(a) Where an
employee is recalled to duty more than once in any one day, and the second or
subsequent recalls commence within the period of the preceding recall for which
payment would have been made under the minimum payment provision, payment for
such recalls shall be made as follows:
(1) A minimum
payment as for three hours’ work at the appropriate overtime rate shall be made
in respect of the last recall.
(2) Payment shall
be calculated as if the employee had been continuously engaged on overtime from
the commencement of work on the first recall until the expiry of the period in
(1) above or completion of the work for which they had been recalled on the
last occasion, whichever is the later.
(b) Where an
employee is recalled to duty more than once in any one day, and the second or
subsequent recall does not commence within the period for which payment will be
made under the minimum payment provision, the minimum payment for each such
recall shall be as for three hours’ work at the appropriate overtime rate.
An employee, including part-time employees, where
recalled to work as prescribed in subclause (ii) of this clause shall be paid
all fares and expenses reasonably incurred in travelling to and from their
place of work in accordance with clause 23, Mobility, Excess Fares and
Travelling, of this Award.
Where employees are recalled to work as prescribed in
subclause (ii) of this clause the employee shall have at least eight
consecutive hours off duty between the work on successive days. If, on the
instructions of the employer such employee resumes or continues work without
having had such eight consecutive hours off duty the employee shall be paid at
double rates until the employee is released from duty for such period and the
employee then shall be entitled to be absent until the employee has had eight
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
9. Penalty Rates for
Shift Work and Weekend Work
(i) Shift workers
working afternoon or night shifts shall be paid the following percentages in
addition to the ordinary rate for such shift provided that part-time employees
shall only be entitled to the additional rates where their shifts commence
prior to 6 a.m. or finish subsequent to 6 p.m.
Afternoon shift commencing at 10 a.m. and before 1 p.m.
- 10 per cent.
Afternoon shift commencing at 1 p.m. and before 4 p.m.
- 12½ per cent.
Night shift commencing at 4 p.m. and before 4 a.m. - 15
per cent.
Night Shift commencing at 4 a.m. and before 6 a.m. - 10
per cent.
(ii) 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 a.m. and before 10 a.m.
"Afternoon Shift" means a shift which
commences at or after 10 a.m. and before 4 p.m.
"Night Shift" means a shift which commences
at or after 4 p.m. and before 6 a.m. on the day following.
(iii) Employees whose
ordinary working hours include work on a Saturday and/or Sunday shall be paid
for ordinary working 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 part-time
employees but such worker shall not be entitled to be paid in addition the
allowance of 15 per cent prescribed in paragraph (a) of subclause (i) of Part 2
of the said clause 5, in respect of their employment between midnight on Friday
and midnight on Sunday.
10. Meals
(i) Time not
exceeding one hour and not less than thirty minutes shall be allowed for each
meal, provided that where an employee is called upon to work for any portion of
their meal break such time shall count as part of their ordinary working hours.
(ii) An employee who
works authorised overtime shall be paid in addition to payment for such
overtime:
(a) An amount set
in Item 3 of Table 1 for breakfast when commencing such overtime work at or
before 6.00 a.m.;
(b) An amount set in
Item 4 of Table 1 for an evening meal when such overtime is worked for at least
one hour immediately following their normal ceasing time, exclusive of any meal
break, and extends beyond or is worked wholly after 7.00 p.m.;
(c) An amount as
set in Item 5 of Table 1 for luncheon when such overtime extends beyond 2.00
p.m. on Saturdays, Sundays or public holidays;
or shall be provided with adequate meals in lieu of
such payment. The rates prescribed by this subclause shall be varied as the
equivalent rates are varied from time to time in the Crown Employees (Public
Service Conditions of Employment) Award 2009, as varied or replaced from time
to time.
(iii) Where
practicable employees shall not be required to work more than four hours
without a meal break.
11. Public Holidays
(i)
(a) Public holidays
shall be allowed to employees on full pay. Where an employee is required to and
does work on any of the holidays set out in this subclause, whether for a full
shift or not, the employee shall be paid one and one-half day's pay in addition
to the weekly rate, such payment to be in lieu of weekend or shift allowances
which would otherwise be payable had the day not been a public holiday.
Provided that, if the employee so elects, they may be
paid one half day's pay in addition to the weekly rate and have one day added
to their period of annual leave for each holiday worked in lieu of the
provisions of the preceding paragraph.
(b) For the purpose
of this clause the following shall be deemed public holidays, viz, New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, local Labour Day, Christmas Day, Boxing Day, and any other
day duly proclaimed and observed as a public holiday within the area in which
the hospital or health institution is situated.
(c) Shift workers
rostered off duty on a public holiday shall:
(1) be paid one
day's pay in addition to the weekly rate; or if the employees so elect,
(2) have one day
added to their period of annual leave.
(d) The election
referred to in paragraphs (a) and (c) of this subclause is to be made in
writing by the employee at the commencement of each year of employment. Provided
that an employee who has accrued additional annual leave referred to in
paragraphs (a) and (c) of this subclause can elect at any time to be paid an
amount equivalent to the value of the accrued additional annual leave in lieu
of taking additional leave, provided that the amount is a minimum of one weeks’
accrued additional leave and that the salary for the period of additional leave
paid out will be calculated as if the period of leave was actually taken.
(ii) In addition to
those public holidays prescribed in paragraph (b) of subclause (i) of this
clause, employees are entitled to an extra public holiday each year. Such
public holiday will occur on a day in the Christmas-New Year period as
determined by the employer following consultation with the Union, or other
suitable day as agreed between the employer and the Union. Such public holiday
shall be regarded for all purposes of this clause as any other public holiday.
The foregoing does not apply in areas where in each year -
(a) A day in
addition to ten named public holidays specified in paragraph (b) of subclause
(i) is proclaimed and observed as a public holiday or
(b) Two half days in
addition to the ten named public holidays specified in paragraph (b) of
subclause (i) are proclaimed and observed as half public holidays.
(iii)
(a) A public
holiday as defined in paragraph (b) of subclause (i) and subclause (ii) of this
clause occurring on an ordinary working day shall be allowed to employees
employed pursuant to Part 1 of clause 5, Part-time Employees, without loss of
pay, but each such employee who is required to and does work on a public
holiday shall have one day or one-half day, as appropriate added to their
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 be otherwise 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 their ordinary weekly rate. 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 4 hours work and any balance of the day of shift not
worked shall be paid at ordinary rates.
(b) The provisions
of subclauses (i) and (ii) of this clause shall apply to Part-time Employees
under Part 2, Savings Provisions of the said clause 5, who work 30 hours or
more per week over 5 days per week provided that if such an employee is
required to and does work on a public holiday as defined in paragraphs (a) and
(b) of subclause (i) and subclause (ii) of this clause, they shall not be
entitled to be paid in addition the allowance of 15 per cent prescribed in
paragraph (a) of subclause (i) of Part 2, Savings Provisions of the said clause
5, in respect of such work.
(c) Subclauses (i)
and (ii) of this clause shall not apply to part-time employees engaged under
Part 2 of clause 5, Part-time Employees, of this Award but each such employee
who is required to and does work on a public holiday as defined in the said
subclauses (i) and (ii) shall be paid at the rate of double time and one half
but such employee shall not be entitled to be paid in addition to the allowance
of 15 per cent as prescribed in Part 2 of the said clause 5, in respect of such
work.
12. Annual Leave
(i) All employees
see Annual Holidays Act 1944.
(ii)
(a)
(1) This subclause
does not apply to part-time employees employed under Part 2 of clause 5,
Part-time Employees.
(2) This subclause
will apply to employees employed under Part 1 of clause 5, Part-time Employees,
the additional annual leave shall be calculated based on contracted hours
worked.
(b) Employees who
are rostered to work their ordinary hours on Sundays and/or public holidays
during a qualifying period of employment for annual leave purposes shall be
entitled to receive additional annual leave as follows:
(1) if 35 ordinary
shifts on such days have been worked - one week;
(2) if less than 35
ordinary shifts on such days have been worked - proportionately calculated on
the basis of 38 hours leave for each 35 such shifts worked.
The calculations referred to above shall be made to the
nearest one-fifth of the ordinary hours worked, half or more than half of
one-fifth being regarded as one-fifth and less than half being disregarded.
Provided that an employee entitled to additional annual leave by virtue of this
subclause, may elect to be paid an amount equivalent to the value of their
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.
(c) An employee
with accrued additional annual leave pursuant to subclause (b) above, can elect
at any time to be paid an amount equivalent to the value of the accrued
additional leave in lieu of taking additional leave, provided that the amount
is a minimum of one weeks’ accrued additional leave and that the salary for the
period of additional leave paid out will be calculated as if the period of
leave was actually taken.
(d) Provided further
that on termination of employment shift workers shall be entitled to payment
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.
(iii) The employer
shall give to each employee three months' notice where practicable and not less
than one month's notice of the date upon which the employee shall enter upon
annual leave.
(iv) Shift workers,
as defined in clause 1, Definitions, of this Award, shall be paid whilst on
annual leave their ordinary pay plus allowances and weekend penalties relating
to ordinary time the shift workers would have worked if they had not been on
annual leave. Provided that shift allowances and weekend penalties shall not be
payable for public holidays which occur during a period of annual leave or for
days which have been added to annual leave in accordance with the provisions of
clause 11, Public Holidays, of this Award.
(v) Employees shall
be entitled to an annual leave loading of 17½ per cent, or shift penalties as
set out in subclause (iv) of this clause, whichever is the greater.
(vi) Credit of time
towards an allocated day off duty shall not accrue when an employee is absent
on ordinary annual leave in accordance with subclause (i) of this clause.
Employees entitled to allocated days off duty in accordance with clause 2,
Hours, of this Award 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 subclause
(i) of clause 11, Public Holidays, of this Award.
NOTATION - The conditions under which the annual leave
loading shall be paid to employees are the same as generally applied through
circulars issued by the Ministry of Health.
13. Long Service Leave
(i)
(a) Each employee
shall be entitled to two months long service leave on full pay after ten years
of service; thereafter additional long service shall accrue on the basis of
five months long service leave on full pay for each ten years’ service.
Employees with at least seven years’ service and less
than 10 years’ service are entitled, proportionate to his or her length of
service, to proceed on a proportionate period of long service leave on the
basis of two months' long service leave for ten years' service on full pay.
(b) Where the
services of an employee with at least five years’ service and less than seven
years’ service are terminated by the employer for any reason other than the employee's
serious and wilful misconduct, or by the employee, on account of illness,
incapacity or domestic or other pressing necessity, they shall be entitled to
be paid a proportionate amount for long service leave on the basis of two
months' long service leave for ten years' service.
Where the services of an employee with at least seven
years are terminated by the employer or by the employee, they shall be entitled
to be paid a proportionate amount for long service leave on the basis of two
months' long service leave for ten years' service. Where the services of an
employee with at least 10 years’ service are terminated by the employer or by
the employee, they shall be entitled to be paid on the basis of two months'
long service leave for ten years' service and thereafter on the basis of five
months long service leave for each ten years’ service.
(ii) For the
purposes of subclause (i) of this clause:
(a) Service shall
mean continuous service with the employer. For the purpose of this paragraph,
continuous service will be determined in accordance with the provisions of
Section 7 of the NSW Health Policy Directive PD2019_010 Leave Matters for the
NSW Health Service, as amended or replaced from time to time.
(b) Broken periods
of service with the employer in one or more hospitals shall count as service.
(c) Service shall
not include -
(1) any period of
leave without pay except in the case of employees who have completed at least
ten years’ service (any period of absence without pay being excluded there
from) in which case service shall include any period of leave without pay not
exceeding six months taken after 1 January, 1973;
(2) any period of
part-time service arising from employment under Part 2, of clause 5, Part-time
Employees, except as provided for in subclause (ix).
(iii) An employee
with an entitlement to long service leave may elect to access such entitlement:
(a) on full pay;
(b) on half pay; or
(c) on double pay.
(iv) When an employee
takes long service leave, the leave entitlement will be deducted on the
following basis:
(a) a period of
leave on full pay - the number of days so taken;
(b) a period of
leave on half pay - half the number of days so taken; or
(c) a period of
leave on double pay - twice the number of days so taken.
(v) When taking
long service leave and an employee would otherwise have had a rostered shift
fall on a public holiday during that period, the amount of long service leave
to be deducted is to be reduced by one day for the public holiday.
(vi) Long Service
Leave shall be taken at a time mutually arranged between the employer and the
employee.
(vii)
(a) On the
termination of employment of an employee, otherwise than by their death, an
employer shall pay to the employee the monetary value of all long service leave
accrued and not taken at the date of such termination and such monetary value
shall be determined according to the salary payable to the employee at the date
of such termination unless the employee elects to transfer his or her leave entitlement
in accordance with Section 18 of the NSW Health Policy Directive PD2019_010
Leave Matters for the NSW Health Service, as amended or replaced from time to
time.
(b) Where an
employee who has acquired a right to long service leave, or after having had
five years’ service and less than ten years’ service dies, the widow or the
widower of such employee, or if there is no such widow or widower, the children
of such employee, or if there is no such widow, widower, or children, such
person who, in the opinion of the employer, was at the time of the death of
such employee, a dependent relative of such employee, shall be entitled to
receive the monetary value of the leave not taken or which would have accrued
to such employee, had their services terminated as referred to in paragraph (b)
of subclause (i) of this clause and such monetary value shall be determined
according to the salary payable to the employee at the time of their death.
Where there is a guardian of any children entitled
under this paragraph the payment, to which such children are entitled, may be
made to such guardian for their maintenance, education and advancement.
Where there is no person entitled under this paragraph
to receive the monetary value of any leave payable under the foregoing
provisions payment in respect thereof shall be made to the legal personal
representative of such employee.
(viii) The provisions
of subclauses (i) to (v) of this clause shall not apply to part-time employees
who receive an adjusted hourly rate (as defined in Part 2, of clause 5, of this
Award). Such employees shall be entitled to long service leave in accordance
with the provisions of the Long Service Leave Act 1955, and/or
Determination made under the Health Services Act 1997.
(ix) A fulltime employee
shall be entitled to have previous part-time service which is the equivalent of
at least two full days' duty per week taken into account for long service
purposes in conjunction with full-time or permanent part-time service on the
basis of the proportion that the actual number of hours worked each week bears
to forty hours up until 30 June 1984 and bears to 38 on and from 1 July 1984,
provided the part-time service merges without break with the subsequent
full-time service.
(x) Except as
provided for in subclause (xi) of this clause, rights to long service leave
under this clause shall be in replacement of rights to long service leave, if
any, which at the date of commencement of this Award may have accrued or may be
accruing to an employee and shall apply only to persons in the employ of the
employer on or after the date of commencement of this Award. Where an employee
has been granted long service leave or has been paid its monetary value prior
to the date of commencement of this Award, the employer shall be entitled to
debit such leave against any leave to which the employee may be entitled
pursuant to this clause.
(xi) The following
provisions shall apply only to employees employed in a hospital at 1 January
1973:
(a) An employee who
-
(1) has had service
in a hospital, to which clause 4, Climatic and Isolation Allowance, applies,
prior to 1 January 1973;
(2) Is employed in
a hospital, to which clause 4, Climatic and Isolation Allowance, applies, at 1
January 1973 shall be granted long service leave in accordance with the long
service leave provisions in force prior to 1st January, 1973, in lieu of the
provisions provided by this Award where such benefits are more favourable to
the employee.
(b) An employee
employed -
(1) as a part-time
employee at 1st January 1973 may be allowed to continue to be granted long
service leave in accordance with the long service provisions in force prior to
1st January 1973 in lieu of the provisions of the Long Service Leave Act
1955, as provided for in subclause (ix) of this clause;
(2) on a full-time
basis at 1 January 1973, but who had prior part-time service may be allowed to
continue to be granted long service leave in accordance with the long service
leave provisions in force prior to 1 January 1973, in lieu of the provisions
provided by this Award where such benefits are more favourable to the employee.
(xii) 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.
14. Sick Leave
(i) Full-time
employees - A full-time employee shall be entitled to sick leave on full pay by
allowing 76 rostered ordinary hours of work for each year of continuous service
less any sick leave on full pay already taken subject to the following
conditions:
(a) all periods of
sickness shall be certified to by the Medical Superintendent of the hospital or
by a legally qualified Medical Practitioner approved by the employer; provided,
however, that the employer may dispense with the requirements of a medical
certificate where the absence does not exceed two (2) consecutive days or where
in the employer's opinion the circumstances are such as not to warrant such
requirements;
(b) the employer
shall not change the rostered hours of work of an employee fixed by the roster
or rosters applicable to the seven days immediately following the commencement
of sick leave merely by reason of the fact that the employee is on sick leave;
(c) an employee
shall not be entitled to sick leave until after three months' continuous
service;
(d) service, for the
purpose of this clause, shall mean service with the employer and shall be
deemed to have commenced on the date of engagement by the employer in respect
of any period of employment with that employer current at the date of the
commencement of this Award in respect of employees then so employed and in
respect of others it shall be deemed to commence on the first day of engagement
by the employer after the commencement of this Award;
(e) employees who
are employed at the date of the commencement of this Award shall retain to
their credit, until exhausted, any accumulation of sick leave to their credit
immediately prior to such date, provided that such credit is not less than the
entitlement otherwise prescribed by this clause.
(f) "Continuous
Service", for the purpose of this clause, shall be calculated in the same
manner as provided under paragraph (a) of subclause (ii) of clause 13, Long
Service Leave, of this Award, excepting that all periods of service with the
employer in any hospital (providing such service is not less than three months'
actual service) shall be counted;
(g) employees shall
take all reasonably practicable steps to inform the employer of their inability
to attend for duty and as far as possible state the estimated duration of the
absence. Where practicable such notice shall be given within twenty-four hours
of the commencement of such absence.
(ii) A part-time
employee as defined in Part 1 and Part 2 of clause 5, Part-time Employees,
shall be entitled to sick leave in the same proportion of 76 hours as the
average weekly hours worked over the preceding twelve months or from the time
of the commencement of employment, whichever is the lesser, bears to 38
ordinary hours of one week. Such entitlement shall be subject to all the above
conditions applying to full-time employees.
(iii) 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 entitlements
under this clause, the difference between the amount received as workers
compensation and full pay. The employee's sick leave entitlement under this
clause shall, for each week during which such difference is paid, be reduced by
the proportion of hours which the difference bears to full pay. On the
expiration of available sick leave, weekly compensation payments only shall be
payable.
(iv) For the purpose
of determining a full-time employee's sick leave credit as at 1 July 1984, sick
leave entitlement shall be proportioned on the basis of 76:80.
(v) Subject to the
provision of a satisfactory medical certificate and sick leave being due, annual
leave or long service leave shall be recredited where an illness of at least
one week's duration occurs during the period of annual or long service leave
provided that the period of leave does not occur prior to retirement,
resignation or termination of services and provided further that the employer
is satisfied on the circumstances and the nature of the incapacity.
15. Payment and
Particulars of Salary
(i) All salaries
and other payments shall be paid fortnightly provided that payment for any
overtime and/or shift penalties worked may be deferred to the pay day next
following the completion of the working cycle within which such overtime and/or
shift penalties is worked, but for no longer.
(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 the employer in sufficient time to ensure that wages are available
for withdrawal by employees by no later than payday, provided that this
requirement shall not apply where employees nominate accounts with non-bank
financial institutions which lack the technological or other facilities to
process salary deposits within 24 hours of the employer making their deposits
with such financial institutions but in such cases the employer shall take all
reasonable steps to ensure that the wages of such employees are available for
withdrawal by no later than payday.
(iii) Notwithstanding
the provisions of subclause (ii), of this clause, an employee who has been
given notice of termination of employment, in accordance with clause 16,
Termination of Employment, of this Award shall be paid all moneys due to
him/her prior to ceasing duty on the last day of employment.
Where an employee is dismissed or their services are
terminated without due notice, in accordance with the said clause 16, 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
statement, in writing, containing the following particulars, namely, name, the
amount of ordinary salary, the total number of hours of 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 and the amount of the deductions made
from total earnings and the nature thereof.
(v) Where
retrospective adjustments of wages are paid to employees, such payments where
practical shall be paid as a separate payment to ordinary salary. Such payment
shall be accompanied by a statement containing particulars as set out in
subclause (iv) of this clause.
(vi) Employees with a
credit of time accrued towards an allocated day off duty shall be paid for such
accrual upon termination.
(vii) Underpayment and
overpayment of salaries - the following process will apply once the issue of
underpayment or overpayment is substantiated.
(a) Underpayment
(1) If the amount
underpaid is equal to or greater than one day’s gross base pay the underpayment
will be rectified within three working days;
(2) If the amount
underpaid is less than one day’s gross base pay it will be rectified by no
later than the next normal pay. However, if the employee can demonstrate that
rectification in this manner would result in undue hardship, every effort will
be made by the employer to rectify the underpayment within three working days.
(b) Overpayment
(1) In all cases
where overpayments have occurred, the employer shall as soon as possible advise
the employee concerned of both the circumstances surrounding the overpayment
and the amount involved. The employer will also advise the employee of the pay
period from which the recovery of the overpayment is to commence.
(2) One off
overpayments will be recovered in the next normal pay, except that where the
employee can demonstrate that undue hardship would result, the recovery rate
shall be at 10% of an employee’s gross fortnightly base pay.
(3) Unless the
employee agrees otherwise, the maximum rate at which cumulative overpayments
can be recovered is an amount, calculated on a per fortnight basis, equivalent
to 10% of the employee’s gross fortnightly base pay.
(4) The recovery
rate of 10% of an employee’s gross fortnightly base pay referred to in subparagraph
(b)(3) above may be reduced by agreement, where the employee can demonstrate
that undue hardship would result.
(5) Where an
employee’s remaining period of service does not permit the full recovery of any
overpayment to be achieved on the fortnightly basis prescribed in subparagraph
(b)(3) above, the employer shall have the right to deduct any balance of such
overpayment from monies owing to the employee on the employee’s date of termination,
resignation or retirement, as the case may be.
16. Termination of
Employment
During the first three months of employment, employment
shall be from week to week. After three months continuous service, employment
may be terminated only by 28 days’ notice given either by the employer or the
employee or by payment or forfeiture of 28 days salary, as the case may be.
Nothing in this clause, however, shall prevent the summary dismissal of an
employee for misconduct or neglect of duty.
17. Accommodation and
Amenities
(i) Suitable dining
room accommodation and lavatory convenience shall be provided for all resident
and non-resident employees.
(ii) In all
hospitals erected after 1 January 1960, dressing room, lockers, hot and cold
showers and conveniences also shall be provided for non-resident employees and
where practicable, such facilities shall be provided in hospitals erected prior
to that day.
(iii) The following
outlines the minimum standards which the employer seeks to achieve in all
hospitals:
(1) Sanitary
Conveniences -
(a) Seats - in the
proportion of 1 seat to every 15 employees or fraction of 15 employees of each
sex.
(b) Separate and
distinct conveniences for each sex, together with screened approaches to ensure
privacy. These facilities must be located conveniently to work places, they
must be adequately lighted and ventilated and have floors, walls and ceilings
finished with a smooth surface resistant to moisture.
(2) Washing and
Bathing Facilities -
(a) Washing
provision by way of basins of suitable impervious material with taps set at 600
mm centres and with hot and cold water supplied, in the proportion of one hot
tap and one cold tap for each 15 employees or part of 15 employees of each sex.
Space in front of wash points to be not less than 900 mm.
(b) Showers spaced
at not less than 900 mm centres and with hot and cold water connected for
persons ceasing work at any one time in a minimum ratio of one shower for every
20 persons or part of 20 persons of each sex ceasing work at any one time.
(c) Washing and
bathing facilities must be adequately lighted and ventilated; floors, walls and
ceilings finished with a smooth faced surface resistant to moisture.
(d) These
facilities must be incorporated in, or communicate directly with, the change
room and should not be contained within any closet block.
(3) Change Rooms and
Lockers -
(a) Properly
constructed and ventilated change room equipped with a vented steel locker, at
least 300 mm wide by 450 mm deep by 1800 mm high for each employee.
(b) Floor area not
less than 0.56 square metres per employee to be accommodated.
(c) Space between
lockers - set up facing one another not less than 1.5 metres. Traffic ways not
less than 1 metre wide.
(d) Sufficient
seating not less than 260 mm wide by 380 mm high should be provided.
(e) Lockers should
be set up with at least 150 mm clearance between the floor of the locker and
the floor of the room. Lockers shall be of the lock-up type with keys attached.
(4) Dining Room -
(a) Well
constructed, ventilated and adequately lighted dining room(s). Generally floor
area should not be less than 1 square metre per employee using the meal room at
any one time.
(b) Tables not more
than 1.8 metres long, spaced 1.2 metres apart allowing 600 linear millimetres
of table space per person.
(c) Chairs or other
seating with back rests. Sufficient table and chairs must be provided for all
persons who will use the dining room at any one time.
(d) Facilities for
boiling water, warming and refrigerating food and for washing and storing of
dining utensils shall be provided.
(5) Rest Room -
A well constructed and adequately lighted and
ventilated rest room or screened off portion of the change room for women. Such
rest room or rest area to be equipped with day bed or couch with mattress,
blankets, pillow and hot water bottle.
The above standards shall be the minimum to be included
in working drawings approved after 1 December 1976 for new hospitals.
Where major additions to presently occupied building or
new building are erected within a presently constituted hospital, the amenities
to be provided in such additions or new buildings shall be the subject of
negotiations between the parties.
18. Inspection of
Lockers of Employees
Lockers may only be opened for inspection in the presence of
the employee but in cases where the employee neglects or refuses to be present
or in any circumstances where notice to the employee is impracticable such
inspection may be carried out in the absence of the employee by an employee
appointed by the employer, and if practicable, a Union Branch Employee,
otherwise by any two employees so appointed by the employer.
19. Uniforms and
Protective Clothing
(i)
(a) Subject to
paragraph (c), of this subclause, sufficient suitable and serviceable uniforms
shall be supplied, free of cost, to each employee required to wear them,
provided that any employee to whom a new uniform or part of a uniform has been
supplied by the employer, who, without good reason, fails to return the
corresponding article last supplied, shall not be entitled to have such article
replaced without payment thereof at a reasonable price in the absence of a
satisfactory reason for the loss of such article or failure to produce such
uniform or part thereof.
(b) An employee on
leaving the service of the employer shall return any uniform or part thereof
supplied by the employer which is still in use by that employee immediately
prior to leaving.
(c) In lieu of
supplying a uniform to an employee required to wear such uniform, the employer
may pay to such employee the sum set in Item 6 of Table 1.
(d) If the uniform
of an employee is not laundered at the expense of the employer, an allowance as
set in Item 7 of Table 1 shall be paid to such employee.
(e) An employee who
works less than 38 hours shall be entitled to the allowances prescribed by this
clause in the same proportion as the average hours worked each week bears to 38
ordinary hours.
(ii) Employees whose
duties require them to work out of doors shall be supplied with over-boots.
Sufficient raincoats shall also be made available for use by these employees.
(iii) Employees whose
duties require them to work in a hazardous situation with or near machinery
shall be supplied with appropriate protective clothing and equipment.
20. Promotions and
Appointments
(i) Promotion
and/or appointment shall be by merit, provided however that no employee with a
claim to seniority shall be passed over without having their claims considered.
(ii) In the case of
an employee or employees disputing a promotion and/or appointment the Union may
apply to the Public Health Employees (State) Industrial Committee for
determination of the dispute.
21. New Positions
The employer may create any new position of a classification
not covered by the Awards to which these conditions apply at any time and may
fix the remuneration thereof but in such circumstances the employer shall
advise the Union of such decision within 28 days and give an opportunity to the
representatives of the Union to confer with the representatives of the employer
as to the rate of wages so fixed for the duties to be performed and the hours
the employee is required to work.
22. Notice Boards
The hospital or health institution shall permit a notice
board of reasonable dimensions to be erected in a prominent position upon which
the Union representatives shall be permitted to post Union notices.
23. Mobility, Excess
Fares and Travelling
For the purpose of this clause accustomed place of work shall
mean the location where an employee is regularly required to commence duty by
the employer.
(i) An employee
shall be required to proceed to the accustomed place of work and return home
once on each ordinary working day or shift in the employee’s own time and at
the employee’s own expense.
(ii)
(a) Where an
employee is directed to report for duty to a place of work other than the
employee’s accustomed place of work the employee shall travel to and from the
alternative place of work in the employer's time for those periods in excess of
time normally taken to travel to and from the accustomed place of work.
(b) If the excess
travelling time on a particular day or shift is greater than the prescribed
ordinary hours of duty for the particular category of staff for that day or
shift, the excess hours, shall be paid at the ordinary rate of pay to the
extent of the excess of travelling time.
(c) Fares incurred
by such employee in excess of the fares normally incurred in travelling to the
employee’s accustomed place of work and returning home from the accustomed
place of work, shall be reimbursed.
(d) Where the
employee is required to report to an alternative place of work and has the
prior approval of the employer to travel by their own mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance will be as prescribed from time to time
in the Crown Employees (Public Service Conditions of Employment) Award 2009, as
varied or replaced from time to time.
(iii)
(a) Where an
employer has determined that an employee or employees should report to a new
accustomed place of work on a permanent basis, the decision must be discussed
with the affected employee(s) and the local branch of the Union prior to notice
of changed accustomed place of work being given.
(b) The employer
shall give the employee reasonable notice of the requirement to report to a new
accustomed place of work. For the purpose of this subclause "reasonable
notice" shall be one calendar month prior to the date the employee is
first required to report to the new accustomed place of work.
(c) Where the
accustomed place of work is changed on a permanent basis by the employer, the
employee shall report to the new accustomed place of work on the date specified
by the employer.
(d) If there is a
disagreement about such decision after discussion or if a significant number of
employees are involved, the matter should be referred to the Ministry of
Health, which will discuss the matter with the Union and will determine the
date upon which notice will be given to employee(s).
(iv)
(a) The provisions
of this clause shall not apply to an employee appointed to regularly perform
relief duties or to employees specifically employed to perform duties at more
than one place of work except as provided in (b) hereunder.
(b) If a reliever,
with the prior approval of employer, travels by their own mode of conveyance
and incurs travelling costs in excess of *$5 per day to and from the relief
site, such excess shall be reimbursed. The rate applicable shall be the kilometre
allowance prescribed from time to time in the Crown Employees (Public Service
Conditions of Employment) Award 2009, as varied or replaced from time to time,
less *$5.
This $5 shall be reviewed annually by the employer.
(v) No payment
shall be made under this clause unless the employer is satisfied that the
employee has incurred additional expenditure in having to report to the
alternative place of work, at the direction of the employer.
(iv) Travel to an
alternative place of work, either by public transport or own mode of
conveyance, shall in all instances be by the most direct route.
24. Disputes
(i) Where a dispute
arises in a particular section which cannot be resolved between the employees
or their representative and the supervising staff, it shall be referred to the
Chief Executive Officer of the Public Health Organisation or their nominee, who
will arrange for the matter to be discussed with the employee concerned and a
local representative or representatives of the Union.
(ii) Failing settlement
of the issue at this level, the matter shall be referred to the Secretary and
the Head Office of the Union. This dispute will then be dealt with pursuant to
subclause (v) of this clause.
(iii) Whilst these
procedures are continuing, no stoppage of work or any form of ban or limitation
of work shall be applied.
(iv) The Union
reserves the right to vary this procedure where it is considered a safety
factor is involved.
(v) With a view to
an amicable and speedy settlement all disputes that cannot be settled in
accordance with subclauses (i) and (ii) of this clause may be submitted to a
committee consisting of not more than six members, with equal representatives
of the Secretary and the Union. Such committee shall have the power to
investigate all matters in dispute and to report to the Public Health
Organisation and the Union respectively with such recommendation as it may
think right and in the event of no mutual decision being arrived at by such
committee, the matter in dispute may be referred to the Public Health Employees
(State) Industrial Committee.
(vi) This clause
shall not interfere with the rights of either party to institute proceedings
for the determination of any matter in accordance with the Industrial
Relations Act 1996.
25. Family and
Community Services Leave and Personal/Carers’ Leave
(i) Family and
Community Services (FACS) Leave and Personal/Carer’s Leave are separate, stand
alone entitlements.
(ii) The provisions
outlined in Parts A and B of this clause are available to all employees covered
by this Award, other than casual employees as defined in subclause (iii) below.
(iii) Casual
employees as defined in the Health Industry Status of Employment (State) Award
2019, as varied or replaced from time to time, are entitled to the provisions
outlined in Part C of this clause.
A. FACS Leave
(i) FACS Leave -
General
(a) For the purpose
of this clause relating to FACS leave:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one spouse
because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(b) The employer
may grant FACS leave to an employee:
(1) to provide care
and/or support for sick members of the employee’s relatives or household; or
(2) for reasons
related to the family responsibilities of the employee (e.g. to arrange and or
attend a funeral of a relative; to accompany a relative to a medical
appointment where there is an element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(3) for reasons
related to the performance of community service by the employee (e.g. in
matters relating to citizenship; to office holders in local government, other
than as a mayor, for attendance at meetings, conferences or other associated
duties; representing Australia or the State in major amateur sport other than
in Olympic/Commonwealth Games); or
(4) in a case of
pressing necessity (e.g. where an employee is unable to attend work because of
adverse weather conditions which either prevent attendance or threaten life or
property; the illness of a relative; where a child carer is unable to look
after their charge).
(ii) FACS leave replaces
compassionate leave.
(iii) An employee is
not to be granted FACS leave for attendance at court to answer a criminal
charge, unless the employer approves the grant of leave in the particular case.
Applications for FACS leave to attend court, for reasons
other than criminal charges, will be assessed on an individual basis.
(iv) FACS Leave -
entitlement
(a) The maximum
amount of FACS leave on full pay that may be granted to an employee is:
(1) 3 working days
during the first year of service, commencing on and from 1 January 1995, and
thereafter 6 working days in any period of 2 years; or
(2) 1 working day,
on a cumulative basis effective from 1 January 1995, for each year of service
after 2 years’ continuous service, minus any period of FACS leave already taken
by the employee since 1 January 1995,
whichever method provides the greater entitlement.
(b) For the purposes
of calculating entitlements under (vi)(a)(1) and (2) above, a working day for
employees working 38 hours per week shall be deemed to consist of 8 hours, and
a working day for employees working 35 hours per week shall be deemed to
consist of 7 hours. The rate at which FACS leave is paid out and utilised shall
be on actual hours absent from a rostered shift.
Example A: An employee working 38 hours per week will
have an entitlement, in their first year of employment, to 24 hours of FACS
leave. If the employee take FACS leave for a full 10 hour shift, the employee
would be debited 10 hours of FACS leave.
Example B: An employee working 35 hours per week will
have an entitlement, in their first year of employment, to 21 hours of FACS
leave. If the employee takes FACS leave for a full 7 hour shift, the employee
would be debited 7 hours of FACS leave.
Example C: An employee, employed prior to 1 January
1995, applies for FACS leave on 20 February 1997. The employee is entitled to 6
days in any period of two years. Therefore, to calculate the employee’s
available FACS leave as at 20 February 1997, add all FACS leave taken from 21
February 1995 to 20 February 1997 and deduct that amount from the 6 days
entitlement.
(c) FACS leave is
available to part-time employees on a pro rata basis, based on the average
number of hours worked per week. A working day shall consist of one-fifth of
the employee’s average weekly hours during the preceding 12 months or during
the employee’s period of employment, whichever is the lesser period.
Example: An employee working an average of 30 hours per
week will have an entitlement, in their first year of employment, of 18 hours
of FACS leave. If the employee takes FACS leave for a full rostered shift e.g.
of 4 hours, the employee would be debited 4 hours of FACS leave. Likewise, if
the employee was rostered for 8 hours and was absent for the full 8 hours on
FACS leave, they would be debited 8 hours of FACS leave.
(v) Additional FACS
leave for bereavement purposes
Where FACS leave has been exhausted, additional FACS
leave of up to 2 days for bereavement may be granted on a discrete, "per
occasion" basis to an employee on the death of a relative or member of a
household as defined in subclause (i) (a) of Part A of this clause.
(vi) Use of other
leave entitlements
The employer may grant an employee other leave
entitlements for reasons related to family responsibilities or community
service, by the employee.
An employee may elect, with the consent of the
employer, to take annual leave; long service leave; or leave without pay.
B. Personal/Carer’s
Leave
(i) Use of sick
leave to care for the person concerned - definitions
A person who needs the employee’s care and support is
referred to as the "person concerned" and is:
(a) a spouse of the
employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purpose of
this clause relating to Personal/Carer’s Leave:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(ii) Use of sick
leave to care for the person concerned - entitlement
(a) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being as defined in subclause (i) of Part B of this clause.
(b) Other than a
casual or any other employee who receives a loading in lieu of sick leave, an
employee with responsibilities in relation to a person who needs their care and
support shall be entitled to use the untaken sick leave, from that year’s
annual sick leave entitlement, to provide care and support for such persons
when they are ill.
(c) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave available under (b) above, sick leave untaken from the previous 3 years
may also be accessed by an employee with responsibilities in relation to a
person who needs their care and support.
(d) The employer
may, in special circumstances, make a grant of additional sick leave. This
grant can only be taken from sick leave untaken prior to the period referred to
in subclause (c) above.
(e) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration that the illness of the person concerned is such as to
require care by another person.
(f) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
(g) The employee is
not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration.
(h) The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(i) In normal
circumstances, the employee must not take leave under this part where another
person has taken leave to care for the same person.
(iii) Use of other
leave entitlements
An employee may elect, with the consent of the
employer, to take:
(a) annual leave,
including annual leave not exceeding 10 days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties. An
employee and employer may agree to defer payment of the annual leave loading in
respect of single day absences, until at least 5 consecutive annual leave days
are taken. An employee may elect with the employer’s agreement to take annual
leave at any time within a period of 24 months from the date at which it falls
due.
(b) long service
leave; or
(c) leave without
pay for the purpose of providing care and support to the person concerned as
defined in subclause (i) of Part B of this clause.
(iv) Time off in lieu
of payment of overtime
(a) An employee may
elect, with the consent of the employer, to take time off in lieu of payment of
overtime at a time or times agreed with the employer within 12 months of the
said election
(b) Overtime taken
as time off during ordinary time shall be taken at the ordinary time rate, that
is, one hour off for each hour of overtime worked.
(c) If, having
elected to take time as leave in accordance with (iv)(a) above and the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve 12 month period from the date the overtime
was worked, or earlier by agreement, or on termination.
(d) Where no
election is made in accordance with paragraph (iv)(a) above, the employee shall
be paid overtime rates in accordance with the provisions of clause 8, Overtime.
(v) Use of make-up
time
(a) An employee may
elect, with the consent of the employer, to work "make-up time".
"Make-up time" is worked when the employee takes time off during
ordinary hours for family or community service responsibilities, and works those
hours at another time, during the spread of ordinary hours provided for in
Clause 2 of this Award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off during ordinary hours and
works those hours at another time) at the applicable shift work rate which
would have been applicable to the hours taken off.
C. Entitlements
for Casual Employees
(i) Bereavement
entitlements for casual employees
(a) Casual
employees are entitled to not be available to attend work or to leave work upon
the death in Australia of a relative or member of a household as prescribed in
subclause (i)(a) of Part A of this clause.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this part. The rights of an employer to engage or
not engage a casual employee are otherwise not affected.
(ii) Personal carers
entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in subclauses (ii)(e) - (h) of Part B of
this clause casual employees are entitled to not be available to attend work,
or to leave work if they need to care for a person prescribed in subclause (i)
of Part B of this clause who are sick and require care and support, or who
require care due to an unexpected emergency, or the birth of a child.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this part. The rights of an employer to engage or
not to engage a casual employee are otherwise not affected.
25A. Family Violence
Leave
(i) For the purpose
of this clause, family violence means domestic violence as defined in the
Crimes (Domestic and Personal Violence) Act 2007, as amended or replaced from
time to time. The violence may have been reported to the police and/or may be
the subject of an Apprehended Violence Order.
(ii) An employee
experiencing family and domestic violence can utilise Award leave entitlements
provided for in Sick Leave and Family and Community Services Leave provisions
of the Award.
(iii) Where leave
entitlements to Sick Leave and Family and Community Services Leave are
exhausted, the employer will grant up to five days per year of paid special
leave to attend legal proceedings, counselling, appointments with a medical or
legal practitioner and relocation and safety activities directly associated
with alleviating the effects of family and domestic violence. This leave
entitlement does not accumulate from year to year.
(iv) Upon exhaustion
of the paid leave entitlement, an employee may request further periods of
unpaid leave, for the same activities for which paid leave would be available.
(v) To access paid
and unpaid leave, the employee must provide the employer with evidence, to the
employer’s satisfaction, substantiating the purpose of the leave and that the
leave is related to alleviating the effects of family violence. The employer
may accept a variety of agreed documentation in support of an application for
leave. Supporting documentation may be presented in the form of an agreed
document issued by the Police Force, a Court, a doctor, a Family Violence
Support Service or a lawyer.
(vi) Matters related
to family violence can be sensitive. Information collected by the employer will
be kept confidential. No information relating to the details of the family
violence will be kept on an employee’s personnel file without their express
permission. However, records about the
use of family violence leave will need to be kept.
(vii) The employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements. This may include changes to working times and
locations, telephone numbers and email addresses.
(viii) The employer
will co-operate with all legal orders protecting an employee experiencing
domestic violence.
26. General Conditions
An employee required to answer emergency telephone calls
outside of ordinary working hours, but not recalled to duty, shall be
reimbursed rental charges on such telephone on production of receipted
accounts. Provided that an employee required to answer out of hours telephone
calls on a relief basis shall be paid one-twelfth of the yearly telephone rental
for each month or part thereof so employed.
27. Maternity,
Adoption and Parental Leave
A. Maternity Leave
(i) Eligibility for
Paid Maternity Leave
To be eligible for paid maternity leave a full time or
permanent part-time employee must have completed at least 40 weeks’ continuous
service prior to the expected date of birth.
An employee who has once met the conditions for paid
maternity leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid maternity leave,
unless-
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after her services have been
otherwise dispensed with: or
(b) the employee
has completed a period of leave without pay of more than 40 weeks. In this
context, leave without pay does not include sick leave without pay, maternity
leave without pay, or leave without pay associated with an illness or injury
compensable under the Workers Compensation Act 1987, as amended from time
to time.
(ii) Portability of
Service for Paid Maternity Leave
Portability of service for paid maternity leave
involves the recognition of service in government sector agencies for the
purpose of determining an employee's eligibility to receive paid maternity
leave. For example, where an employee moves between a public service department
and a public hospital, previous continuous service will be counted towards the
service prerequisite for paid maternity leave.
When determining an employee's eligibility for paid
maternity leave, continuous service with an organisation that is part of the
government sector as defined in the Government Sector Employment Act
2013 will be recognised, provided that:
(a) service was on
a full-time or permanent part-time basis:
(b) cessation of
service with the former employer was not by reason of dismissal on any ground,
except retrenchment or reduction of work;
(c) the employee
immediately commences duty with the new employer. There may be a break in
service of up to two months before commencing duty with the new employer.
However, such a break in service will not be counted as service for the purpose
of calculating any prior service prerequisite for paid maternity leave.
(iii) Entitlement to
Paid Maternity Leave
An eligible employee is entitled to fourteen weeks at
the ordinary rate of pay from the date maternity leave commences. This leave
may commence up to fourteen weeks prior to the expected date of birth.
It is not compulsory for an employee to take this
period off work. However, if an employee decides to work during the nine weeks
prior to the date of birth it is subject to the employee being able to
satisfactorily perform the full range of normal duties.
Paid maternity leave may be paid:
on a normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a period of twenty-eight
weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Unpaid Maternity
Leave
(a) Full time and
permanent part time employees who are entitled to paid maternity leave are
entitled to a further period of unpaid maternity leave of not more than 12
months after the actual date of birth.
(b) Full time and
permanent part time employees who are not eligible for paid maternity leave are
entitled to unpaid maternity leave of not more than 12 months.
(v) Applications
An employee who intends to proceed on maternity leave
should formally notify her employer of such intention as early as possible, so
that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must
include a medical certificate stating the expected date of birth and should
also indicate the period of leave desired.
(vi) Variation after
Commencement of Leave
After commencing maternity leave, an employee may vary
the period of her maternity leave once only without the consent of her employer
by giving the employer notice in writing of the extended period at least
fourteen days before the start of the extended period. An employer may accept
less notice if convenient.
An employee may extend the period of maternity leave at
any time with the agreement of the employer.
The conditions relating to variation of maternity leave
are derived from Section 64 of the Industrial Relations Act 1996.
(vii) Staffing
Provisions
In accordance with obligations established by the Industrial
Relations Act 1996 (Section 69) any person who occupies the position of an
employee on maternity leave must be informed that the employee has the right to
return to her former position. Additionally, since an employee has the right to
vary the period of her maternity leave, offers of temporary employment should
be in writing, stating clearly the temporary nature of the contract of
employment. The duration of employment should be also set down clearly; to a
fixed date or until the employee elects to return to duty, whichever occurs
first.
(viii) Effect of
Maternity Leave on Accrual of Leave, Increments etc.
When the employee has resumed duties, any period of
full pay leave is counted in full for the accrual of annual leave, sick leave
and long service leave and any period of maternity leave on half pay is taken
into account to the extent of one half thereof when determining the accrual of
annual leave, sick leave and long service leave.
Except in the case of employees who have completed ten
years' service the period of maternity leave without pay does not count as
service for long service leave purposes. Where the employee has completed ten
years' service the period of maternity leave without pay shall count as service
provided such leave does not exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of maternity leave at full pay and at half
pay are to be regarded as service for incremental progression on a pro-rata
basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received i.e.,
public holidays occurring in a period of full pay maternity leave are paid at
full rate and those occurring during a period of half pay leave are paid at
half rate.
(ix) Illness
Associated with Pregnancy
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then they can elect to use any
available paid leave (sick, annual and/or long service leave) or to take sick
leave without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave ceases nine weeks prior to the
expected date of birth. The employee then commences maternity leave with the
normal provisions applying.
(x) Transfer to a
More Suitable Position
Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that they are able to satisfactorily perform. This obligation arises
from Section 70 of the Industrial Relations Act 1996. A position to
which an employee is transferred under these circumstances must be as close as
possible in status and salary to her substantive position.
(xi) Miscarriages
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions
(xii) Stillbirth
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave, subject to production of a medical certificate, or maternity leave. They
may resume duty at any time provided they produce a doctor's certificate as to
their fitness.
(xiii) Effect of
Premature Birth on Payment of Maternity Leave
An employee who gives birth prematurely and prior to
proceeding on maternity leave shall be treated as being on maternity leave from
the date leave is commenced to have the child. Should an employee return to
duty during the period of paid maternity leave, such paid leave ceases from the
date duties are resumed.
(xiv) Right to Return
to Previous Position
In accordance with the obligations set out in Section
66 of the Industrial Relations Act 1996, an employee returning from
maternity leave has the right to resume her former position.
Where this position no longer exists the employee is
entitled to be placed in a position nearest in status and salary to that of her
former position and to which the employee is capable or qualified.
(xv) Further Pregnancy
While on Maternity Leave
Where an employee becomes pregnant whilst on maternity
leave a further period of maternity leave shall be granted. If an employee
enters on the second period of maternity leave during the currency of the
initial period of maternity leave, then any residual maternity leave from the
initial entitlement ceases.
An employee who commences a subsequent period of
maternity leave while on unpaid maternity leave under subclause (iv)(a) of Part
A of this clause or paragraph (i)(b) of Part D of this clause is entitled to be
paid at their normal rate (i.e. the rate at which they were paid before proceeding
on maternity leave).
An employee who commences a subsequent period of
maternity leave during the first 12 months of a return to duty on a part time
basis as provided under paragraph (i)(c) of Part D of this clause is entitled
to be paid at their substantive full time rate for the subsequent period of
maternity leave.
An employee who commences a subsequent period of
maternity leave more than 12 months after returning to duty on a part time
basis under paragraph (i)(c) of Part D of this clause, will be entitled to paid
maternity leave for the subsequent period of maternity leave at their part time
rate.
B. Adoption Leave
(i) Eligibility
All full time and permanent part time employees who are
adopting a child and are to be the primary care giver of the child are eligible
for unpaid adoption leave.
To be eligible for paid adoption leave a full time or
permanent part-time employee must also have completed at least 40 weeks
continuous service prior to the date of taking custody of the child.
An employee who has once met the conditions of paid
adoption leave, will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been
otherwise dispensed with; or
(b) the employee
has completed a period of leave without pay of more than 40 weeks. In this
context, leave without pay does not include sick leave without pay, maternity
leave without pay, or leave without pay associated with an illness or injury
compensable under the Workers Compensation Act 1987, as amended from
time to time.
(ii) Portability of
Service for Paid Adoption Leave
As per maternity leave conditions.
(iii) Entitlement
(a) Paid Adoption
Leave
Eligible employees are entitled to paid adoption leave
of fourteen weeks at the ordinary rate of pay from and including the date of
taking custody of the child.
Paid adoption leave may be paid:
on a normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a period of twenty-eight
weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid Adoption
Leave
Eligible employees are entitled to unpaid adoption
leave as follows:
where the child is under the age of 12 months - a
period of not more than 12 months from the date of taking custody;
where the child is over the age of 12 months and under
18 years old - a period of up to 12 months, such period to be agreed upon by
both the employee and the employer.
(iv) Applications
Due to the fact that an employee may be given little
notice of the date of taking custody of a child, employees who believe that, in
the reasonably near future, they will take custody of a child, should formally
notify the employer as early as practicable of the intention to take adoption
leave. This will allow arrangements associated with the adoption leave to be
made.
(v) Variation after
Commencement of Leave
After commencing adoption leave, an employee may vary
the period of leave, once without the consent of the employer and otherwise
with the consent of the employer. A minimum of fourteen days’ notice must be
given, although an employer may accept less notice if convenient.
(vi) Staffing
Provisions
As per maternity leave conditions.
(vii) Effect of
Adoption Leave on Accrual of Leave, Increments, etc.
As per maternity leave conditions.
(viii) Right to Return
to Previous Position
As per maternity leave conditions.
C. Parental Leave
(i) Eligibility
To be eligible for parental leave a full time or
permanent part-time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth or to the date of taking custody of
the child.
An employee who has once met the conditions for paid
parental leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid parental leave,
unless-
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been
otherwise dispensed with: or
(b) the employee
has completed a period of leave without pay of more than 40 weeks. In this
context, leave without pay does not include sick leave without pay, maternity
leave without pay, or leave without pay associated with an illness or injury
compensable under the Workers Compensation Act 1987, as amended from
time to time.
(ii) Portability of
Service for Paid Parental Leave
As per maternity leave conditions.
(iii) Entitlements
Eligible employees whose spouse or partner (including a
same sex partner) is pregnant or is taking custody of a child, are entitled to
a period of leave not exceeding 52 weeks, which includes one week of paid
leave, and may be taken as follows:
(a) an unbroken
period of up to one week at the time of the birth of the child, taking custody
of the child or other termination of the pregnancy (short parental leave), and
(b) a further
unbroken period in order to be the primary caregiver of the child (extended
parental leave).
(c) The entitlement
of one week’s paid leave may be taken at anytime within the 52 week period and
shall be paid:
at the employees ordinary rate of pay for a period not
exceeding one week on full pay, or
two weeks at half pay or the period of parental leave
taken, whichever is the lesser period.
(d) Extended
parental leave cannot be taken at the same time as the employee’s spouse or
partner is on maternity or adoption leave except as provided for in paragraph
(i)(a) of Part D, Right to Request, of this clause.
Annual and/or long service leave credits can be
combined with periods of parental leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Applications
An employee who intends to proceed on parental leave
should formally notify their employer of such intention as early as possible,
so that arrangements associated with their absence can be made.
(a) In the case of
extended parental leave, the employee should give written notice of the
intention to take the leave.
(b) The employee
must, at least four weeks before proceeding on leave, give written notice of
the dates on which they propose to start and end the period of leave, although
it is recognised in situations of taking custody of a child, little or no
notice may be provided to the employee. In such an instance, the employee
should notify the employer as early as practicable.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(d) In the case of
extended parental leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(1) if applicable,
the period of any maternity leave sought or taken by his spouse, and
(2) that they are
seeking the period of extended parental leave to become the primary care giver
of the child.
(v) Variation after
Commencement of Leave -
After commencing parental leave, an employee may vary
the period of her/his parental leave, once without the consent of the employer
and otherwise with the consent of the employer. A minimum of fourteen days’
notice must be given, although an employer may accept less notice if
convenient.
(vi) Effect of
Parental Leave on Accrual of Leave, Increments etc.
As per maternity leave conditions.
(vii) Right to Return
to Previous Position
As per maternity leave conditions.
D. Right to
Request
(i) An employee
entitled to maternity, adoption or parental leave may request the employer to
allow the employee:
(a) to extend the
period of simultaneous maternity, adoption or parental leave use up to a
maximum of eight weeks;
(b) to extend the
period of unpaid maternity, adoption or extended parental leave for a further
continuous period of leave not exceeding 12 months;
(c) to return from
a period of maternity, adoption or parental leave on a part time basis until
the child reaches school age;
to assist the employee in reconciling work and parental
responsibilities.
(ii) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(iii) The employee’s
request and the employer’s decision made under subclauses (i)(b) and (c) must
be recorded in writing.
(iv) Where an
employee wishes to make a request under subclause (i)(c):
(a) the employee is
to make an application for leave without pay to reduce their fulltime weekly
hours of work
(b) such
application must be made as early as possible to enable the employer to make
suitable staffing arrangements. At least
four weeks’ notice must be given;
(c) salary and
other conditions of employment are to be adjusted on a basis proportionate to
the employee’s fulltime hours of work i.e. for long service leave the period of
service is to be converted to the full time equivalent and credited
accordingly.
(d) employees who
return from leave under this arrangement remain full time employees. Therefore,
the payment of any part time allowance to such employees does not arise.
E. Communication
During Leave
(i) Where an
employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the employer
shall take reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing the leave; and
(b) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing the leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of the leave to
be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part time basis.
(iii) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with subclause (i).
NOTE:
(a) The entitlement
to maternity, adoption and parental leave for part-time employees who receive
an adjusted hourly rate (as defined in clause 5, Part 2, in this Award), along
with casual employees, are in accordance with the provisions of Part 4,
Parental Leave of the Industrial Relations Act 1996 and/or Determination
made under the Health Services Act 1997.
(b) Where a casual
employee is entitled to parental leave under the Industrial Relations Act
1996, the following provisions shall also apply in addition to those set out in
the Act.
An employer must not fail to re-engage a casual
employee because:
the employee or employee’s spouse is pregnant; or
the employee is or has been immediately absent on
parental leave.
The rights of the employer in relation to engagement
and re-engagement of casual employees are not affected, other than in
accordance with this clause.
(c) Part time
employees who receive an adjusted hourly rate are also entitled to the
provisions of Part D, Right to Request and Part E, Communication During Leave,
of this clause.
(d) Liability for
Superannuation Contributions
During a period of unpaid maternity, adoption or
parental leave, the employee will not be required to meet the employer's
superannuation liability.
27A. Lactation Breaks
(i) This clause
applies to employees who are lactating mothers. A lactation break is provided
for breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period and
meal break as provided for in this Award.
(ii) A fulltime
employee or a part time employee working more than four hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day or per shift.
(iii) A part time
employee working four hours or less on any day or shift is entitled to only one
paid lactation break of up to 30 minutes each per day or per shift worked.
(iv) A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their manager provided the total lactation break time entitlement
is not exceeded. When giving consideration to any such requests for
flexibility, a manager needs to balance the operational requirements of the
organisation with the lactating needs of the employee.
(v) The employer
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk. Other suitable facilities,
such as refrigeration and a sink, shall be provided where practicable. Where it
is not practicable to provide these facilities, discussions between the manager
and the employee will take place to attempt to identify reasonable alternative
arrangements for the employee’s lactation needs.
(vi) Employees
experiencing difficulties in effecting the transition from home based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
(vii) Employees
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave or other leave in accordance with the Award.
28. Union
Representative
An employee appointed Union Representative shall upon
notification thereof in writing, to the employer, be recognised as the
accredited representative of the Union and shall be allowed the necessary time,
during working hours, to interview the employer on matters affecting employees.
29. Blood Count
Those employees who are regularly required to assist and/or
work with a radiologist and/or radiographer in close proximity to diagnostic
and/or therapeutic X-ray machines or any other form of radioactive radiators
shall have blood counts carried out every three monthly upon making application
therefore to the employer.
30. Exemptions
This Award shall not apply to members, novices or aspirants
of religious orders in public hospitals, the names of whom are included or
hereafter shall be included in the Third Schedule to the Health Services Act
1997.
31.
Anti-Discrimination
(i) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
(ii) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
32. Labour Flexibility
(i) An employer may
direct an employee to carry out such duties as are reasonable and within the
limits of the employee's skill, competence and training consistent with
employee's classification, grouping and/or career stream provided that such
duties are not designed to promote deskilling.
(ii) An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required provided that the employee has been properly trained or has
otherwise acquired the necessary skills in the use of such tools and equipment.
(iii) Any direction
issued by an employer pursuant to subclause (i) and (ii) shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
(iv) Existing
provisions with respect to the payment of higher duties allowances shall apply
in such circumstances.
33. Salary Packaging
(i) By agreement
with their employer, employees may elect to package part or all of their salary
in accordance with this clause, to obtain a range of benefits as set out in the
NSW Health Policy Directive PD2018_044 Salary
Packaging, as amended or replaced from time to time. Such election must be made
prior to the commencement of the period of service to which the earnings
relate. Where an employee also elects to salary sacrifice to superannuation
under this Award, the combined amount of salary packaging/sacrificing may be up
to 100 per cent of salary.
Any salary packaging above the fringe benefit exemption
cap will attract fringe benefits tax as described in paragraph (iv) below.
(ii) Where an
employee elects to package an amount of salary:
(a) Subject to
Australian taxation law, the packaged amount of salary will reduce the salary
subject to PAYE taxation deductions by that packaged amount.
(b) Any allowance, penalty
rate, overtime payment, payment for unused leave entitlements, weekly workers
compensation, or other payment other than any payment for leave taken in
service, to which an employee is entitled under this Award or statute which is
expressed to be determined by reference to an employee’s salary, shall be
calculated by reference to the salary which would have applied to the employee
under the relevant salaries Award in the absence of any salary packaging or
salary sacrificing made under this Award.
(c) ‘Salary’ for
the purpose of this clause, for superannuation purposes, and for the
calculation of Award entitlements, shall mean the Award salary as specified in
the appropriate salaries Award, and which shall include ‘approved employment
benefits’ which refer to fringe benefit savings, administration costs, and the
value of packaged benefits.
(iii) Any pre-tax and
post-tax payroll deductions must be taken into account prior to determining the
amount of available salary to be packaged. Such payroll deductions may include
but are not limited to superannuation payments, HECS payments, child support
payments, judgement debtor/ garnishee orders, union fees, and private health
fund membership fees.
(iv) The salary
packaging scheme utilises a fringe benefit taxation exemption status conferred
on public hospitals and Local Health Districts, which provides for a fringe
benefit tax exemption cap of $17,000 per annum. The maximum amount of fringe
benefits-free tax savings that can be achieved under the scheme is where the
value of benefits when grossed-up, equal the fringe benefits exemption cap of
$17,000. Where the grossed-up value exceeds the cap, the employer is liable to
pay fringe benefits tax on the amount in excess of $17,000 but, will pass this
cost on to the employee. The employer’s share of savings, the combined
administration cost and the value of the package benefits, are deducted from
pre-tax dollars.
(v) The parties
agree that the application of the fringe benefits tax exemption status
conferred on public hospitals and Local Health Districts is subject to
prevailing Australian taxation laws.
(vi) If an employee
wishes to withdraw from the salary packaging scheme, the employee may only do
so in accordance with the required period of notice as set out in the Salary
Packaging Policy and Procedure Manual.
(vii) Where an
employee ceases to salary package, arrangements will be made to convert the
agreed package amount to salary. Any costs associated with the conversion will
be borne by the employee, and the employer shall not be liable to make up any
salary lost as a consequence of the employee’s decision to convert to salary.
(viii) Employees
accepting the offer to salary package do so voluntarily. Employees are advised
to seek independent financial advice and counselling to apprise them of the
implications of salary packaging on their individual personal financial
situations.
(ix) The employer and
the employee shall comply with the procedures set out in the NSW Health Policy
Directive PD2018_044 Salary Packaging, as amended or replaced from time to
time.
34. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed in the relevant salary Awards as varied from time to
time, an employee may elect, subject to the agreement of the employee’s
employer, to sacrifice a part or all of the salary payable under the relevant
Award to additional employer superannuation contributions. Such election must
be made prior to the commencement of the period of service to which the
earnings relate. The amount sacrificed together with any salary packaging
arrangements under clause 33, Salary Packaging, of this Award may be made up to
one hundred (100) per cent of the salary payable under the relevant salaries
clause, or up to one hundred (100) per cent of the currently applicable
superannuable salary, whichever is the lesser.
In this clause, ‘superannuable salary’ means the
employee’s salary as notified from time to time to the New South Wales public
sector superannuation trustee corporations.
(ii) Any pre-tax and
post-tax payroll deductions must be taken into account prior to determining the
amount of available salary to be packaged. Such payroll deductions may include
but are not limited to superannuation payments, HECS payments, child support payments,
judgement debtor/garnishee orders, union fees and private health fund
membership fees.
(iii) Where the
employee has elected to sacrifice a part or all of the available payable salary
to additional employer superannuation contributions:
(a) The employee
shall be provided with a copy of the signed agreement. The salary sacrifice
agreement shall be terminated at any time at the employee’s election and shall
cease upon termination of the employee’s services with the employer.
(b) Subject to
Australian taxation law, the amount of salary sacrificed will reduce the salary
subject to appropriate PAYE taxation deductions by the amount sacrificed; and
(c) Any allowance,
penalty rate, overtime, payment for unused leave entitlements, weekly workers
compensation, or other payment, other than any payment for leave taken in
service, to which an employee is entitled under the relevant Award or any
applicable Award, act, or statute which is expressed to be determined by
reference to an employee’s salary, shall be calculated by reference to the
salary which would have applied to the employee under the salaries clause of
the relevant Award in the absence of any salary sacrifice to superannuation
made under this Award.
(iv) The employee may
elect to have the specified amount of payable salary which is sacrificed to
additional employer superannuation contributions
(a) paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions; or
(b) subject to the
employer’s agreement, paid into a private sector complying superannuation
scheme as employer superannuation contributions.
(v) Where an
employee elects to salary sacrifice in terms of subclause (iv) above, the
employer will pay the sacrificed amount into the relevant superannuation fund.
(vi) Where the
employee is a member of a superannuation scheme established under:
(a) the Police
Regulation (Superannuation) Act 1906;
(b) the Superannuation
Act 1916;
(c) the State
Authorities Superannuation Act 1987;
(d) the State
Authorities Non-contributory Superannuation Act 1987; or
(e) the First
State Superannuation Act 1992.
The employee’s employer must ensure that the amount of
any additional employer superannuation contributions specified in subclause (i)
above is included in the employee’s superannuable salary which is notified to
the New South Wales public sector superannuation trustee corporations.
(vii) Where, prior to
electing to sacrifice a part or all of their salary to superannuation, an
employee had entered into an agreement with their employer to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause (vi) above, the employer will
continue to base contributions to that fund on the salary payable under the
relevant salaries Award to the same extent as applied before the employee
sacrificed that amount of salary to superannuation. This clause applies even
though the superannuation contributions made by the employer may be in excess
of the superannuation guarantee requirements after the salary sacrifice is
implemented.
35. Reasonable Hours
(i) Subject to
subclause (ii) an employer may require an employee to work reasonable overtime
at overtime rates unless or as otherwise provided for under the Award.
(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 workplace or enterprise.
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) Any other
relevant matter.
36. Induction and
Orientation
The employer agrees that Orientation/Induction shall be
provided to all employees covered by this Award. The employer further agrees
that the Union shall have up to one half-hour made available for a presentation
on the role of the Union in such a program provided to employees. If such
programs are provided to employees by electronic or remote means, the Union’s
presentation and associated literature will also be included.
37. No Extra Claims
Other than as provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014, there shall be no further claims/demands or
proceedings instituted before the Industrial Relations Commission of New South
Wales for extra or reduced wages, salaries, rates of pay, allowances or
conditions of employment with respect to the employees covered by the Award
that take effect prior to 30 June 2022 by a party to this Award.
38. Area, Incidence
and Duration
(i) This Award
takes effect from 1 July 2021 and shall remain in force for a period of one
year. The allowances in the last column in Table 1 of Part B - Monetary rates
will apply from the first full pay period on or after (ffppoa) 1 July 2021.
(ii) This Award
rescinds and replaces the Public Hospitals (Professional and Associated Staff)
Conditions of Employment (State) Award 2019 published 24 April 2020 (387 I.G.
874) and all variations thereof.
(iii) This Award
shall apply to persons employed in classifications contained herein in the
following so listed Awards, as varied or replaced from time to time, employed
in the NSW Health Service under section 115(1) of the Health Services Act
1997, or their successors, assignees or transmittees, excluding the County of
Yancowinna.
Health and Community Employees Psychologists (State)
Award 2019
Health Employees Dental Officers (State) Award 2019
Health and Community Employees Psychologists (State)
Award 2019
Health Employees Dental Officers (State) Award 2019
Health Employees Dental Prosthetists and Dental
Technicians (State) Award 2019
Health Employees Oral Health Therapists (State) Award
2019
NSW Health Service Health Professionals (State) Award
2019, excluding diversional therapists and orthotists/prosthetists
Public Hospital Dental Assistants (State) Award 2019
Public Hospital Library Staff (State) Award 2019
Public Hospital Medical Record Librarians (State) Award
2019
Public Hospital Professional Engineers (Biomedical
Engineers) (State) Award 2019
PART B
Table 1 - Rates and Allowances
Item
No.
|
Clause
No.
|
Allowance
Description
|
Rate
to apply
|
Rate
from
|
|
|
|
prior
to ffppoa
|
ffppoa
|
|
|
|
01/07/2021
|
01/07/2021
|
|
|
|
$
|
$
|
1
|
4(i)
|
Climatic and Isolation
Allowance for persons
|
3.75
|
3.79
|
|
|
employed in hospitals upon or
west of the line
|
|
|
|
|
commencing at Tocumwal, etc.
(per week)
|
|
|
2
|
4(ii)
|
Climatic and Isolation
Allowance for persons
|
7.52
|
7.60
|
|
|
employed in hospitals upon or
west of the line
|
|
|
|
|
commencing at Murray River
etc. (per week)
|
|
|
3
|
10(ii)(a)
|
Breakfast Allowance (each)
|
31.25
|
31.95
|
4
|
10(ii)(b)
|
Luncheon Allowance (each)
|
31.25
|
31.95
|
5
|
10(ii)(c)
|
Evening Meal Allowance (each)
|
31.25
|
31.95
|
6
|
19(i)(C)
|
Uniform Allowance (Prof.
Assoc. Staff) (each)
|
1.45
|
1.47
|
7
|
19(i)(d)
|
Laundering Allowance (Prof.
Assoc. Staff) (each)
|
2.87
|
2.90
|
8
|
8a(iv)
|
On call - Physiotherapists,
Occupational Therapists
|
9.46
|
9.65
|
|
|
(per period)
|
|
|
8
|
8a(iv)
|
On call - Physiotherapists,
Occupational Therapists
|
46.78
|
47.73
|
|
|
(per week)
|
|
|
* NB: These allowances are varied in accordance with
Treasury Circular C2021-03 Meal, Traveling and other Allowances for 2020-21, as
varied or replaced from time to time.
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.