Health Employees' Conditions of Employment (State)
Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 186163 of 2021)
Before Commissioner Sloan
|
19 August 2021
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
21 Accommodation
and Amenities
16 Annual
Leave
27 Anti-Discrimination
49 Area,
Incidence and Duration
1 Arrangement
7 Board and
Lodging
31 Blood Count
36 Child Care
5 Climatic
and Isolation Allowance
2 Definitions
26 Dispute
Resolution
13 Excess
Fares and Travelling Time
39 Exemptions
28 Family and
Community Services Leave and Personal/Carer’s Leave
28A Family
Violence Leave
3 Hours
47 Induction
and Orientation
32 Infectious
Cleaning
22 Inspection
of Lockers of Employees
33 Labour
Flexibility
17 Long
Service Leave
40 Maternity,
Adoption and Parental Leave
3A Multiple
Assignments
41 Lactation
Breaks
14 Meals
25 New
Classifications
48 No Extra
Claims
30 Notice Board
10 On Call
9 Overtime
and Recall to Work
19 Payment and
Particulars of Salary
11 Penalty
Rates for Shift Work and Weekend Work
6 Part-Time
Work and Old Part-Time Employees and Casual Employees
24 Promotions
and Appointments
15 Public
Holidays
46 Reasonable
Hours
8 Relieving
Other Members of Staff
4 Roster of
Hours
45 Salary
Packaging
44 Salary
Sacrifice to Superannuation
18 Sick Leave
12 Allowances
and Special Working Conditions
42 Study Leave
38 Telephone
Allowance
34 Teleworking
20 Termination
of Employment
43 Trade Union
Leave
29 Union
Representative
37 Union
Subscriptions
23 Uniforms
and Protective Clothing
35 Workforce
Review
PART B - MONETARY RATES
Table 1 - Other Rates and Allowances
PART A
2. 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 work on such
days at or after 6.00 a.m. and before 10.00 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 in
section 15 of the Health Services Act 1997, as amended
or varied from time to time.
"On Call' means a period an employee is required to
make themselves available outside of a normal rostered shift.
"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, and for the purposes of this Award, also includes the Public Health
System Support Division of the NSW Health Service.
"Secretary" means the Secretary, NSW Health.
"Shift Worker" means a worker who is not a day
worker as defined.
"Union" means the Health Services Union NSW.
3. Hours
(i) This
clause shall not apply to persons employed as Health Manager Level 5 and above.
(ii) The ordinary
hours of work for day workers and apprentices exclusive of meal times, shall be
an average of 38 hours per week in each roster cycle 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. Provided that apprentices may commence work on such days before 6.00
a.m. as their trade requires.
Provided that the ordinary hours may be altered by
mutual agreement between an employer, the Union and
the majority of employees in the Department concerned. The Union's approval
will not be unreasonably withheld. When such agreement is reached the ordinary
hours thus agreed will not attract any penalty or overtime payment under this
Award in addition to the ordinary rate of pay for salary or wages. Entitlements
to allowances, including allowances set out under Part B, Monetary Rates, will
not be affected.
No apprentice or Adult Apprentice shall be required to
perform work which would prevent the apprentice from attending classes as
required by the term of his or her apprenticeship.
(iii) The ordinary
hours of work for shift workers, exclusive of meal times,
shall not exceed an average of 38 hours per week in each roster cycle.
(iv) Notwithstanding
the provisions of sub-clauses (ii) and (iii) of this clause, the ordinary hours
of work for Radiographers and Radiation Therapists, exclusive of meal times, shall be an average of 35 hours per week in each
roster cycle.
(v) Each day worker
shall be free from duty for not less than two full days in each week and at
least one allocated day off in each four week period 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 and at least one allocated day off in each four
week period. Where practicable such days off duty shall be consecutive.
Provided that where there is agreement between the employer and an employee
this provision may be altered so that the employee has an average of two full
days per week and at least one allocated day off in each four week period free
from duty in each roster cycle.
NOTATION The employer has agreed to advise hospitals
that by administrative action such days off duty shall not be preceded by an
afternoon or night shift unless an additional 8 hours are granted as sleeping
time. An afternoon shift shall be one which commences at or after 1 pm and
before 4 pm.
(vi) In each roster
cycle of 28 days each fulltime employee shall work their ordinary hours of work
on not more than nineteen days in the cycle. This principle is to be followed
when formulating alternate roster cycles, examples of which are as follows:
(a) In each roster
cycle of 21 days each employee shall work their ordinary hours of work on not
more than 14 days in the cycle; or
(b) In each roster
cycle of 14 days each employee shall work their ordinary hours of work on not
more than nine days in the cycle.
(vii) The employee's
allocated day off duty 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 sub-clause (v) of this clause.
(viii) Once set the
allocated day off duty may not be changed in a current cycle unless there are genuine
unforeseen circumstances prevailing or there is mutual agreement. 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
and agreement is not reached in accordance with sub-clause (ix) below, the day
must be given and taken in the next cycle immediately following.
(ix) Where there is
agreement between an employer and an employee, an employee's allocated day off
duty prescribed by sub-clause (v) of this clause may be accumulated and be
taken at a time mutually agreed upon between the employer and the employee,
provided that the maximum number of allocated days off duty which may
accumulate under this sub-clause shall be three. Any allocated day off duty
accumulated but not taken at the date of termination, shall be paid out at
ordinary rates applicable at date of termination as part of the usual
termination entitlement.
(x) Where an
employee's allocated day off duty falls due during a period of workers'
compensation, the employee, on returning to full-time duty, shall be given the
next allocated day off in sequence.
(xi) Where an
employee's allocated day off duty falls on a public holiday as prescribed by
clause 15, Public Holidays, the next working day or another mutually agreed
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. This provision shall not apply
to such positions being worked as broken shifts on 5th September 1963.
(xiii) A period of
twenty minutes shall be allowed to employees for morning or afternoon tea and
such period shall be included in the ordinary hours of work save and except for
employees who are:
(a) employed under the NSW Health Service Allied Health Assistants
(State) Award 2019, as varied or replaced from
time to time; or
(b) engaged for less
than a whole shift on any one day,
these employees shall be allowed a period of ten
minutes only for either a morning or afternoon tea break. This break will be included in the ordinary
hours of work.
Approval may be given by the employer in special and
exceptional circumstances when it is not possible for an employee to have a
20-minute break to take two ten-minute breaks at a time convenient to the
employee's circumstances.
(xiv) There shall be a
minimum break of eight hours between ordinary rostered shifts.
(xv) Any time
occupied by an apprentice or adult apprentice during working hours, in attendance
at a TAFE college or carrying out a correspondence course, as required by the
terms of an apprenticeship as established under Division 2 of Part 2 of the Apprenticeship
and Traineeship Act 2001 (including time actually spent in travelling to
and from a technical college) shall: -
(a) be counted as
and included as part of their term apprenticeship; and
(b) shall be deemed
to be time worked for the purpose of calculating wages to be paid to them under
this Award.
3A. Multiple Assignments
(This clause has had application since 13 August 2018)
(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 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 3, 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 (i.e. full time)
in clause 3, Hours, 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 3, Hours, and
2. clause 9, Overtime and Recall to Work,
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 clause they will be treated in
accordance with Part 1 of clause 6, Part-Time Work, Old Part Time Employees and
Casual 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 1 of clause
6, Part-Time Work, Old Part Time Employees and Casual Employees, and
2. Overtime as prescribed in Part 1 of
clause 6, Part-Time Work, Old Part Time Employees and Casual Employees.
Any
existing multiple assignments as at 13 August 2018 that exceed 32 hours per
week but are less than 38 hours per week shall be allowed to continue under the
existing arrangements. All future multiple assignments will comply with the hours provisions.
(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 subclause (xv) of clause 9, Overtime and Recall
to Work, 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 paragraphs (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 15, Public Holidays, subclause (c).
The annual election for the payment arrangements required under subclause 15(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 paragraphs (p), (q) and (r)
of this subclause shall not apply to the temporary assignment.
Employees
Engaged as Old & Part Time as at 20 September 1994
(k) Where an employee:
1. has elected to receive the benefits set
out in Part 2 of clause, 6 Part-Time Work, Old Part Time Employees and Casual
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 1 of clause 6, Part-Time Work, Old Part Time
Employees and Casual Employees, and their combined total number of ordinary
hours worked in all assignments is less than those set out in paragraph (c) of
this subclause;
Part 2 of clause 6, Part-Time Work, Old Part Time Employees and Casual 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 2 of clause 6, Part-Time Work, Old Part Time Employees and Casual
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
paragraph (c) of this subclause,
Part 2 of clause 6, Part-Time Work, Old Part Time Employees and Casual 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 (i)(b)
of clause 16, Annual Leave.
(t) Service in all assignments will be
recognised for the purposes of entitlements under clause 40, 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 Organisation 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 17, Long
Service Leave.
(d) Service in all assignments will be
recognised for the purposes of entitlements under clause 40, 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 28.
(f) Service in all assignments will be
recognised for the purposes of entitlements of Family Violence Leave as
provided in clause 28A.
(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 9, Overtime and Recall tow Work, 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
Organisations in the Public Health System, subclause (iv) of this clause shall
apply to those assignments which are within a single Public Health
Organisation.
Changes to the composition of Organisations 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.
4. Roster of Hours
(i) This
clause shall not apply to persons employed under the Health Managers (State)
Award 2019, as varied or replaced from time to time.
(ii) The ordinary
hours of work for each employee shall be displayed on a roster in a place
conveniently accessible to employees and/or provided electronically where all
employees on the roster have access to and capability to use Information
Technology. Unless not reasonably practicable, the roster shall be displayed
two weeks 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 service of the hospital or health institution to be carried
on where another employee is absent from duty on account of illness or in an
emergency, but where any such alteration involves an employee working on a day
which would have been their day off such time worked shall be paid for at
overtime rates. Furthermore, where a change in roster occurs with less than 24
hours’ notice to the employee affected, all time worked outside that shown on
the employee's roster (prior to the alteration) shall be paid for at overtime
rates.
(iii) Rosters
providing for shift work shall not be introduced into any hospital or health
institution or section thereof until such time as the proposals are discussed
with the Union by the employer.
(iv) Extension of rosters
beyond 28 calendar days may be introduced subject to such proposals being
agreed between the Union and the employer. Neither party shall unreasonably
withhold its approval.
(v) Where an
employee is entitled to an allocated day off duty in accordance with clause 3,
Hours, that allocated day off duty is to be shown on the roster of hours for
each employee.
5. Climatic and
Isolation Allowance
(i) Persons
employed in hospitals or health institutions in places situated upon or to the
west of a line drawn as follows:- viz; commencing at Tocumwal and thence to the
following towns in the order stated - Lockhart, Narrandera, Leeton, Peak Hill,
Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.
Shall be paid an allowance as outlined in Items 1 of
Table 1 - Other Rates and Allowances, of Part B, Monetary Rates
(ii) Persons
employed in hospitals or health institutions in places situated upon or to the
west of a line 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 - Hay, Hillston, Nyngan, Walgett, Collarenebri and
Mungindi.
Shall be paid an allowance as outlined in Item 2 of
Table 1 - Other Rates and Allowances of Part B, Monetary Rates,
Provided that an employee shall only be entitled to
either Item (i) of (ii) above (but not both).
(iii) The allowances
paid shall be as set out in Items 1 and 2 of Table 1 - Other Rates and
Allowances of Part B, Monetary Rates.
(iv) The allowances
prescribed by this clause are not cumulative.
(v) 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.
(vi) A part-time
employee shall be entitled to the allowance prescribed by this clause in the
same proportion as the average hours worked each week bear to 38 ordinary
hours.
6. Part-Time Work, Old
Part-Time Employees and Casual Employees
Part 1 - Part-Time Employees (Other than Old Part Time
Employees)
(i) A
part-time employee is one who is appointed by the employer to work a specified
number of hours each roster cycle which are less than those prescribed for a
full-time employee.
(ii) A permanent
part-time employee shall be paid an hourly rate calculated on the basis of one
thirty eighth of the normal weekly rate available for full-time employees of
the same classification (Radiographers and Radiation Therapists will be
calculated on the basis of one thirty fifth).
(iii) Persons employed on a part-time work basis may be employed for not
less than two or more than 32 hours in any full week of seven days, such week
to be coincidental with the pay period, provided that nothing prevents an
employee requesting and subsequently entering into a part time work agreement
for the employee to work more than 32 and less than 38 hours per week.
(iv) An employee engaged in part time
work is not entitled to an allocated day off. The specified number of hours may
be balanced over a roster cycle, provided that the average weekly hours worked
shall be deemed to be the specified number of hours for the purposes of accrual
of leave provided for by this Award. Provided further that there shall be no
interruption to the continuity of employment merely by reason of an employee
working on a "week-on", "week-off" basis in accordance with
this subclause.
(iv) Employees
engaged under this clause shall be entitled to all other benefits of the Award
not otherwise expressly provided for herein in the same proportion as their
ordinary hours of work bear to full-time hours.
(v) All time worked
in excess of the total 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.
(vi) Time worked up
to the total 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.
Part 2 - Old Part-Time Employees
(i) Employees
shall only be engaged as Old Part Time Employee if they were engaged under the
provisions contained in this subclause as at 20 September 1994, and who
continue to be engaged on such basis.
(ii) Old Part Time
Employees may be employed for not less than eight or more than 30 hours in any
full week of seven days, such week to be coincidental with the pay period , and
shall be paid for the actual number of hours worked each week an hourly rate
calculated on the basis of one thirty-eighth of the appropriate rate prescribed
plus 15 per cent thereof (in the case of Radiographers and Radiation Therapists
the calculation would be one thirty-fifth of the appropriate rate plus 15 per
centum thereof).
(iii) In an emergency
Old Part Time Employees may be allowed
to work more than 30 hours in one week and in such case will be paid for the
hours actually worked at a rate calculated in accordance with sub-clause (ii)
of this part.
(iv) With respect to
employees employed as part-time workers the provisions of subclauses (vi) to
(xi) of clause 3, Hours, shall not apply.
(v) All time worked
by Old Part-Time Employees in excess of the total 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.
(vi) Time worked up
to the total 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.
(vii) With respect to
employees engaged as Old Part Time Workers the provisions of clause 9, Overtime
shall not apply, except where provided in sub-clauses (v) and (vi) of this
part.
(viii) Temporary
employees called to work on an ad hoc basis in base grade positions shall at
the completion of 12 months’ continuous service, be given priority one for appointment
to permanent part-time or permanent full-time positions with the Public Health
Organisation. For the purpose of this subclause
continuous service shall be where an employee has worked a minimum of one shift
per week.
Part 3 -
Casual Employees
A. General Provisions
(i) A Casual
employee is an employee engaged as defined by the Health Industry Status of
Employment (State) Award as a casual employee.
(ii) A casual employee will be engaged and paid
for the number of hours worked each week at the hourly rate as a full-time
employee in the same classification, plus 10 per cent, with a minimum payment
of two hours at ordinary pay at the commencement of each shift.
(iii) With respect to a casual employee, the
following provisions shall not apply:
Clause
3(ii) and (xv) with respect to apprentices, and subclauses (vi) to (xi)
Clause
3A, Multiple Assignments
Clause 4,
Roster of Hours
Clause 7,
Board and Lodging
Clause 8,
Relieving Other Members of Staff
Clause 9,
Overtime and Recall to Work
Clause 10,
On Call
Clause
11, Penalty Rates for Shift Work and Weekend Work
Clause
13, Excess Fares and Travelling
Clause
15, Public Holidays
Clause
16, Annual Leave
Clause 17,
Long Service Leave - except as provided under paragraph 17(ix)(a)
Clause
18, Sick Leave
Clause
20, Termination of Employment
Clause
28, Family and Community Services Leave and Personal/Carer’s Leave - except as
provided under Part C of Clause 28.
Clause
28A, Family Violence Leave - except as provided under subclauses (xi) to (xiii)
Clause
34, Teleworking
Clause
35, Workforce Review
Clause
37, Union Subscriptions
Clause
38, Telephone Allowance
Clause
40, Maternity, Adoption and Parental Leave,
Clause
42, Study Leave,
Clause
43, Trade Union Leave,
Clause
44, Salary Sacrifice to Superannuation
Clause
45, Salary Packaging
Clause
46, Reasonable Hours
(iv) The following penalty rates apply to casual
Employees working such shifts:
(a) 10% for afternoon shift commencing at
10.00am and before 1.00pm
12.5% for
afternoon shift commencing at 1.00pm and before 4.00pm
15% for
night shift commencing at 4.00pm and before 4.00am
10% for
night shift commencing at 4.00am and before 6.00am
(b) Weekend work and public holidays:
50% for
work performed between midnight on Friday and midnight on Saturday
75% for
work performed between midnight on Saturday and midnight on Sunday
150% for
work performed on public holidays
(v) The shift penalties prescribed in
subclause (v)(a) shall be additional to, but not cumulative on the rates
prescribed in subclause (ii).
(vi) The shift penalties outlined in subclause (v)(b)
are in substitution for and not cumulative on the shift premiums prescribed in
subclause (ii).
(vii) A casual employee is eligible to claim
appropriate allowances (per day/shift/pro rata) prescribed under clause 12,
Allowances and Special Working Conditions and clause 32, Infectious Cleaning.
Annual Leave
(viii) For entitlement to payment in respect of
annual leave, see Annual Holidays Act 1944.
Long Service
Leave
(ix) For entitlement in respect of long service
leave, see Long Service Leave Act 1955.
Bereavement
Entitlements
(x) For Bereavement entitlements for casual
employees see subclause (i) of Part C of clause 28,
Family and Community Services Leave and Personal/Carer’s Leave
Personal
Carer’s entitlement
(xi) For Personal carer’s entitlement for casual
employees see subclause (ii) of Part C of clause 28, Family and Community
Services Leave and Personal / Carer’s Leave.
Family
Violence entitlement
(xii) For Family violence entitlement for
casual employees see subclauses (xi), (xii) and (xiii) of clause 28A, Family
Violence Leave
7. Board and Lodging
(i) Deductions
from the salary/rates prescribed in the Awards to which these conditions apply
are authorised as follows where board and/or lodgings are supplied:
(a) For board - as
set out in Item 3 of Table 1 - Other Rates and Allowances, of Part B, Monetary
Rates, for breakfast and for each other meal; provided that the maximum sum
that may be deducted in any one week in the case of an employee entitled to
full board shall be as set out in the said Item 3.
(b) For lodging - as
set out in Item 4 of the said Table 1 where the employee is provided with a
separate bedroom and as set in the said Item 4 where the employee is required
to share a bedroom.
(ii) No deduction
shall be made from the wages of an employee for board or lodging when the
employee is absent on annual, sick or long service
leave.
8. Relieving Other
Members of Staff
(i) Subject
to the provisions of subclause (ii) of this clause, 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 as
required by the employer, shall be entitled to receive, for the period of
relief, the minimum pay of such higher classification.
(ii) Where the
position being relieved is covered by the Health Managers (State) Award 2019,
as varied or replaced from time to time, payment should
be made on the following basis:
If an employee is directed to relieve for a period of
five consecutive working days or more, on any one occasion, an employee who is
in a higher manager level, the employer must pay the relieving employee, for
the period of relief, not less than the minimum of the salary band for the
senior employee's level, provided that:
(a) If, in the
employer's opinion, the relieving employee merits a higher salary, the employer
may pay the relieving employee more than the minimum of the salary band for the
senior employee's level; or
(b) If the relieving
employee's normal salary is equal to or more than the minimum of the salary
band for the senior employee's level, the employer must pay the relieving
employee a rate which is not less than the midpoint between the relieving
employee's normal salary and the senior employee's normal salary.
(c) Where the
relieving person is in the same salary band, he/she shall be paid not less than
the midpoint between the salary of the relieving officer and the salary of the
person relieved.
(d) Where the
relieving manager performs less than the full range of duties of the senior
manager, the relieving person shall receive an increase in salary, that
increase to be negotiated between the employee and employer.
9. Overtime and Recall
to Work
(i) This
clause shall not apply to persons engaged as Health Manager Level 5 and above.
(ii) Employees are
expected to work reasonable overtime.
(iii) All time worked
by employees outside the ordinary hours in accordance with clause 3, Hours, and
clause 4, Roster of Hours, shall be paid at the rate 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.
(iv) Subject to
subclauses (v) - (ix) 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.
(v) 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.
(vi) The employer
must have processes in place for the formal release of employees from recall
duty.
(vii) 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.
(viii) 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.
(ix) 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 payment of one hour at such rates.
(x) An employee
recalled to work overtime as prescribed by subclause
(iv), 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 or replaced from time to time.
(xi) 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.
(xii) 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 off duty in the twenty-four hours
preceding their ordinary commencing time on their next day or shift.
Shall, subject to this subclause, be released after
completion of such overtime until they have had eight consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence. If on the instruction of their employer such an employee resumes or
continues to work without having had such eight consecutive hours off duty they
shall be paid double time 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.
(xiii) 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.
(xiv) When an employee
works overtime as an extension of shift and ceases work at a time when
reasonable means of transport home are not available, they shall be paid at
ordinary time for the time reasonably spent travelling from the hospital or
health institution to the employee's home with a maximum payment of one hour.
This subclause shall not apply in the case of recall or
where the employee has their own vehicle available for conveyance home.
(xv) Employees, other
than those employees not entitled to overtime as outlined in subclause (i) of this clause, who work approved overtime outside
normal rostered ordinary hours may be compensated by way of time off in lieu of
overtime subject to the following provisos:
(a) Time off in
lieu must be taken, within three months of it being accrued, at ordinary rates.
(b) Where it is not
possible for an employee to take the time off in lieu within the three-month
period, it is to be paid out at the appropriate overtime rate based on the
rates of pay applying at the time payment is made.
(c) The accrual and
taking of time in lieu of overtime will be conditional on mutual agreement of
the employee and the respective manager.
(d) Records of all
time off in lieu owing to and taken by employees must be maintained by the
employer.
(e) The parties
recognise that the option of time off in lieu of overtime will not be possible
in all settings and circumstances. Where it is not possible, overtime payment
provisions will apply.
(f) The parties
agree to work together to establish strategies, policies
and procedures to maximise the use of time in lieu and opportunity for time in
lieu to be taken within the specified three-month period.
(xvi) 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 3
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.
10. On Call
(i) The
payment of an allowance under the provisions of this clause shall not apply to
persons engaged as Health Manager Level 5 and above.
(ii) The employer shall
advise all employees and the Union of any proposal to introduce an on call roster, including the proposed details of the
roster.
(iii) An employee
required by their employer to be on call, otherwise than as provided in
subclause (iv) of this clause, shall be paid the allowance set out in Item 5 of
Table 1 - Other Rates and Allowances, of Part B, Monetary Rates, for each
period of 24 hours or part thereof, provided that only one allowance shall be
payable in any period of 24 hours.
(iv) An employee required
to be on call on rostered days off shall be paid the allowance set out in Item
6 of the said Table 1 for each period of 24 hours or part thereof, provided
that only one allowance shall be payable in any period of 24 hours.
(v) On-call
rostering arrangements shall be determined in consultation with affected
employees and having regard to the availability and training of employees
placed on the on-call roster. Such arrangements should also have regard to particular local geographical concerns and travelling
distances involved.
(vi) Wherever
possible the employer shall supply a mobile telephone and or pager to an
employee rostered on call.
(vii) Where provided
with a mobile telephone or pager a rostered employee must remain near the
mobile telephone, which must remain switched on unless a pager has been
provided. Alternatively, an employee not provided with a mobile telephone or
pager must remain available via their home telephone. A rostered employee shall
be available to answer calls personally and must not utilise an answering
machine.
(viii) An employee
rostered on call must contact the hospital or health institution immediately it
becomes known that the employee shall be unavailable for rostered duty.
(ix) The employee
must be able to respond appropriately within a reasonable time frame as
determined by the employer.
(x) Where
appropriate an employee rostered on call may be provided with a motor vehicle.
(xi) The employer
shall ensure that all employees who participate in the after hours service are provided with any training
necessary to respond effectively to calls received.
11. Penalty Rates for
Shift Work and Week-End Work
(i) The
provisions of this clause shall not apply to persons employed under the Health
Managers (State) Award 2019, as varied or replaced
from time to time.
(ii) Shift workers
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift, provided however, the laundry
staff working afternoon or night shift, shall be paid 20 per cent in addition
to the rates prescribed for employees of the corresponding classifications
working day shift; provided employees undertaking part time work and Old Part
Time Employees who work less than 38 hours per week shall only be entitled to
the additional rates where their shifts commence prior to 6.00 a.m. or finish
subsequent to 6.00 p.m.
Afternoon shift commencing at 10.00 a.m. and before
1.00 p.m. - 10 per cent
Afternoon shift commencing at 1.00 p.m. and before 4.00
p.m. - 12.5 per cent
Night shift commencing at 4.00 p.m. and before 4.00
a.m. - 15 per cent
Night shift commencing at 4.00 a.m. and before 6.00
a.m. - 10 per cent
(iii) For the
purposes of this clause, day, afternoon and night
shifts shall be defined as follows:
"Day shift" means a shift which commences at
or after 6.00 a.m. and before 10.00 a.m.
"Afternoon shift" means a shift which
commences at or after 10.00 a.m. and before 4.00 p.m.
"Night shift" means a shift which commences
at or after 4.00 p.m. and before 6.00 a.m. on the day following.
(iv) Employees whose
ordinary working hours include work on a Saturday and/or Sunday, shall be paid
for ordinary 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 the preceding subclause (ii),
of this clause.
The foregoing paragraph of this subclause shall apply
to part-time workers but such workers shall not be entitled to be paid, in
addition, the allowance of 15 per cent prescribed in subclause (i) of Part 2 of clause 6, Part Time Work, Old Part Time
Employees and Casual Employees, in respect of their employment between midnight
on Friday and midnight on Sunday.
(v) Employees
working a broken shift shall be paid an additional amount as set out in item 7
of Table 1-Other Rates and Allowances, of Part B, Monetary Rates, for each
broken shift and the period of time between the commencement and termination of
such shift shall not exceed 12 hours.
12. Allowances and
Special Working Conditions
(i) The
provisions of this clause shall not apply to persons engaged under the Health
Managers (State) Award 2019.,
(ii) Post-Mortem
Allowance: An employee other than a post-mortem assistant or Forensic
Technician or Senior Forensic Technician: -
(a) Who is required
to assist in post mortems shall be paid, in addition
to their ordinary salary, an allowance as set out in Item 8 of Table 1 - Other
Rates and Allowances, of Part B, Monetary Rates, for each post-mortem.
(b) When employees,
including post-mortem assistants, are required to attend police post- mortems
outside of ordinary working hours they shall be entitled to payment of the
allowances as set out in Item 9 of the said Table 1, or the normal overtime
provisions of this Award, whichever is the greater.
(c) When employees,
excluding post-mortem assistants, are required to assist at police post-mortems
during ordinary working hours, they shall be entitled to payment of an
allowance as set out in Item 10 of Table 1.
(d) Employees shall
be paid an allowance as set out in Item 11 of Table 1 in respect of each police
post-mortem examination performed on a partly decomposed or vermin- infested
body.
(iii) Nauseous Linen
Allowance: Employees, other than the Forensic Mortuary Technician and the
Senior Forensic Mortuary Technician classifications, shall be paid an allowance
as set out in Item 12 of Table 1 for each shift or part thereof during which
they are engaged in handling linen of a nauseous nature other than linen sealed
in bags.
(iv) Refuse
Disposal/Incinerators or Furnaces Allowance: Employees engaged on refuse
disposal and/or sorting for incinerators or furnaces shall be paid an
additional amount as set out in Item 13 of Table 1.
(v) Specific
Environmental Allowances
(a) Employees shall
receive an additional duties allowance per week as set out in Item 14 of Table
1 for appropriate duties involved in the maintenance and supervision of
swimming pools, pest control duties on a continuing basis, driving tractors (other
than drivers) maintenance of bowling greens and sporting ovals.
(b) Employees
regularly required to perform work on sewerage works and grease traps or other
duties considered offensive by the Ministry of Health, shall be paid an
allowance at the rate as set out in Item 15 of Table 1 per week. The allowance
is not automatically adjusted in the future.
(c) Employees
required to assist in cleaning sewerage chokages and
who are required to assist in opening up any soil pipe, waste pipe, drain pipe,
or pump containing sewerage or who are required to work in a septic tank in
operation, shall be paid an allowance as set out in Item 16 of Table 1.
(vi) Lead Apron
Allowance: An employee required to wear a lead apron shall be paid an allowance
as set out in Item 17 of Table 1 for each hour or part thereof that he/she is
required to wear the said apron. This subclause shall not apply to employees
engaged under the Health Employees’ Medical Radiation Scientists (State) Award
2019 or the Health Employees Technical (State) Award 2019, as varied or
replaced from time to time.
(vii) Cash Handling
Allowance: An employee who is required to handle and be responsible for monies
and issuing receipts for same, shall be paid a weekly allowance in the nature of salary as set out in Item 18 of Table 1.
This subclause shall not apply to employees whose ordinary weekly rate of pay
is in excess of that prescribed from time to time for an Administration Officer
Level 1, Year 5, under the Health Employees' Administrative Staff (State) Award
2019, as varied or replaced from time to time. This subclause shall also not
apply to employees employed under the NSW Health Service Allied Health
Assistants (State) Award 2019, as varied or replaced
from time to time.
(viii) Employees
engaged under the Health Employees (State) Award 2021 and the Health Employees
Engineers (State) Award 2019, as varied or replaced from time to time, shall be
paid the amounts prescribed from time to time under clause 7, Additional Rates, Special
Rates and Allowances, of the Public Health Service Employees Skilled
Trades (State) Award 2021, as varied or replaced from time to time, when
working in situations where the disability encountered is not normally
encountered by employees of that classification as follows:
(a) Cold Places -
Employees working in places where the temperature is reduced by artificial
means below 0 degrees Celsius shall be paid as set out in Item 19 of Table 1
per hour extra. Where the work continues for more than two hours, employees
shall be entitled to a rest period of 20 minutes every two hours without loss
of pay.
(b) Confined Spaces
- Employees working in places the dimensions or nature of which necessitate
working in a stooped or cramped position or without sufficient ventilation,
shall be paid as set out in Item 20 of Table 1 per hour extra.
(c) Dirty Work -
Work which a supervisor and employee agree is of a dirty or offensive nature by
comparison with the work normally encountered in the classification concerned
and for which no other special rates are prescribed, shall be paid for by an
additional amount at the rate as set out in Item 21 of Table 1 per hour above
the rate prescribed by this Award.
(d) Height Money -
Employees working at a height of 7.5 metres from the ground, deck, floor or water shall be paid as set out in Item 22 of Table
1 per hour extra. Height shall be calculated from where it is necessary for the
employee to place their hands or tools in order to
carry out the work to such ground, floor, deck or water. For
the purpose of this subclause, deck or floor means a substantial
structure which, even though temporary, is sufficient to protect an employee
from falling any further distance. Water level means, in tidal waters, mean
water level. This subclause shall not apply to employees working on a suitable
scaffold erected in accordance with the Work Health and Safety Act 2011,
as amended or replaced from time to time.
(e) Hot Places -
Employees working in the shade in places where the temperature is raised by
artificial means to between 46 degrees Celsius and 54 degrees Celsius shall be
paid as set out in Item 23 of Table 1 per hour extra; in places where the
temperature exceeds 54 degrees Celsius such employees shall be paid as set out
in the said Item 23 per hour extra. Where work continues for more than two
hours in temperatures exceeding 54 degrees Celsius, employees shall also be
entitled to 20 minutes' rest after every two hours' work, without deduction of
pay. The temperature shall be decided by the supervisor of the work after
consultation with the employees who claim the extra rate.
(f)
(1) Insulation
Material - An employee who is called upon to handle charcoal, pumice,
granulated cork, silicate of cotton, insulwool, slagwool, fibre glass or mineral wool or other recognised
insulating material of a like nature or an employee in the vicinity of such
work shall be paid as set out in Item 24 of Table 1 whilst so engaged.
(2) Asbestos - An
employee required to work with any materials containing asbestos or to work in
close proximity to employees using such materials shall be provided with, and
shall use, all necessary safeguards as required by the appropriate occupational
health authority and, where such safeguards include the mandatory wearing of
protective equipment, such employees shall be paid as set out in Item 25 of
Table 1 per hour whilst so engaged.
(g) Smokeboxes, etc.
- Employees working on repairs to smoke-boxes, furnaces or flues of boilers
shall be paid as set out in Item 26 of Table 1 per hour extra; provided that an
employee engaged on repairs to oil fired boilers, including the casings,
uptakes and funnels, or flues and smoke stacks, shall, while working inside
such boiler, be paid as set out in the said Item 26 per hour extra.
(h) Wet Places -
(1) An employee
working in a place where water other than rain is falling so that their
clothing shall be appreciably wet and/or water, oil or mud underfoot is sufficient
to saturate their boots shall be paid as set out in Item 27 of Table 1 per hour
extra; provided that this extra rate shall not be payable in respect to an
employee who is provided with suitable and effective protective clothing and/or
footwear. An employee who becomes entitled to this extra rate shall be paid
such rate for such part of the day or shift as he/she is required to work in
wet clothing or boots.
(2) Where an
employee is required to work in the rain he/she shall
be paid as set out in Item 27 per hour extra for time so worked.
(i) An
employee called upon to work knee-deep in mud or water, shall be paid at the
rate set out in Item 28 of Table 1 per day in addition to ordinary rates of pay
prescribed for each day or portion thereof so worked; provided that this
subclause shall not apply to an employee who is provided with suitable
protective clothing and/or footwear.
(j) Acid Furnaces,
Stills, etc. - An employee engaged on the construction or alteration or repairs
to boilers, flues, furnaces, retorts, kilns, ovens, ladles
and similar refractory work shall be paid as set out in Item 29 of Table 1 per
hour. This additional rate shall be regarded as part of the wage rate for all
purposes.
(k) Depth Money - An
employee engaged in tunnels, cylinders, caissons, coffer dams and sewer work
and in underground shafts exceeding 3 metres in depth shall be paid as set out
in Item 30 of Table 1 per hour.
(l) Swinging
Scaffolds -
(1) An employee,
working in a bosun's chair or on a swinging scaffold shall be paid as set out
in Item 31 of Table 1 for the first four hours whilst so engaged thence as set
out in the said Item 31 per hour thereafter.
(2) An employee shall
not raise or lower a bosun's chair or swinging scaffold alone and an employer
shall not require an employee to raise or lower a bosun's chair or swinging
scaffold alone.
(m) Spray Application
- An employee engaged on all spray applications carried out in other than a
properly constructed booth which accords with the Australian and New Zealand
Standard 4114.1, shall be paid as set out in Item 32 of Table 1 per hour extra.
(n) Roof Work -
Employees engaged in the fixing or repairing of a roof or any other work in
excess of 12 metres from the nearest floor level shall be paid as set out in
Item 33 of Table 1 per hour extra with a minimum payment as set out in the said
Item 32 per day.
(o) Explosive
Powered Tools - Employees required to use explosive powered tools shall be paid
as set out in Item 34 of Table 1 per day.
(p) Morgues - An
employee other than a post-mortem assistant required to work in a morgue shall
be paid an extra rate as set out in Item 35 of Table 1 per hour whilst so
employed.
(q) Toxic and
Noxious Substances -
(1) An employee
engaged in either the preparation and/or the application of toxic or epoxy based materials or materials of a like nature shall be
paid as set out in Item 36 of Table 1 per hour extra.
(2) In addition,
employees applying such material in buildings which are normally
air-conditioned shall be paid as set out in Item 37 of Table 1 per hour extra
for any time worked when the air conditioning plant is not operating.
(3) Where there is
an absence of adequate natural ventilation, the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator
and in addition protective clothing shall be supplied where recommended by the
Ministry of Health.
(4) Employees
working in close proximity to employees so engaged
shall be paid as set out in Item 38 of Table 1 per hour extra.
(5) For the purpose
of this clause, all materials which are toxic or which
include, or require the addition of a catalyst hardener and reactive additives
or two pack catalyst system shall be deemed to be materials of a like nature.
(r) Employees
working in areas accommodating psychiatric patients shall be paid as set out in
Item 39 of Table 1 per hour whilst so engaged.
The above allowance shall not apply to persons employed
under the terms of the Health Employees (State) Award 2021, as varied or
replaced from time to time, unless such employees are engaged in work in such
areas according to the direction of Tradesmen or Engineers or assisting such
persons in the ordinary performance of their work.
(s) Aged Care
Allowance - Employees working or required to work in the following hospitals:
Allandale and Garrawarra, shall be paid an allowance
as set out in Item 40 of Table 1 per hour in addition to all other rates payable
under this Award.
Provided that the allowance prescribed by this
paragraph shall not be taken into consideration in the calculation of overtime
or other penalty rates.
The above allowance shall not apply to persons employed
under the terms of the Health Employees (State) Award 2021, as varied or
replaced from time to time, unless such employees are engaged in work in such
areas according to the direction of Tradesmen or Engineers or assisting such
persons in the ordinary performance of their work.
Provided further that the above disability allowance
shall apply to positions under the Health Employees Engineers (State) Award
2019, as varied or replaced from time to time, where the allowance applied to
such positions prior to 1 July 1989.
(t) Mental Health
Facility Allowance - An allowance as set out in Item 41 of Table 1 per hour in
addition to all other rates payable under this Award shall be paid to those
persons employed in psychiatric hospitals (formerly 5th Schedule hospitals)
where the above allowance applied to the position prior to 1 July 1989.
(u) Animal House -
An employee other than an animal technician or an animal attendant required to
work in an animal house shall be paid as set out in Item 42 of Table 1 per hour
whilst so engaged.
(v) Rates not
subject to Penalty Provisions - The special rates and allowances herein
prescribed shall be paid irrespective of the times at which the work is
performed and shall not be subject to any premium or penalty conditions.
(w) Extra Rate Not
Cumulative - When more than one of the above rates provide payment for
disabilities of substantially the same nature then only the highest of such
rates shall be payable.
(ix) Apprentices
shall be paid each week a tool allowance as set out in item 43 of Table 1.
(a) Provided that
where the employer supplies the apprentice with all necessary tools to use in
his or her trade (such tools to remain the property of the employer) the provisions
of this subclause shall not apply.
(b) Provided that
where tool allowance is paid to apprentices, the employer may from time to time
inspect tools provided by any apprentice, and if not satisfied that reasonable
tools are being provided and kept in serviceable condition, having regard to
the quantum of tool allowance paid, may furnish or render serviceable such
tools and deduct the cost thereof from tool allowance pay thereafter becoming
due.
(x) Apprentices and
Adult Apprentices attending registered training organisations for training
shall be entitled to fares to and from home to the registered training
organisation.
(xi) Proportion of
apprentices to cooks or gardeners, as the case may be shall
not exceed one apprentice to three tradespersons or fraction thereof. Such
proportion is to be calculated on the average number of tradespersons employed
for the preceding six calendar months.
(xii) A sterilising
certificate allowance as set out in Item 48 of Table 1 of this Award applies to
employees undertaking linen sterilising duties at HealthShare
NSW Linen Services as follows:
(a) The sterilising
certificate allowance will be paid to employees who:
(1) hold a
recognised and accredited certificate; and
(2) perform sterilising
duties at least one day per week.
(b) The allowance
will be paid across all Linen Services.
(c) For employees
who have undertaken duties on occasion or on a relief basis, the allowance is
payable based on an estimate put to the Linen Service Manager by the employee
which is then confirmed and approved for payment.
(d) For employees
who work less than one week in sterilising duties, a daily pro rata allowance
at 20% of the weekly allowance is payable.
(e) Untrained/uncertified
employees who are undertaking the duties need to be certified in accordance
with a HealthShare NSW state-wide program not
extending beyond 12 months. After 12 months those without the certificate
cannot receive the allowance in accordance with sterilising requirements under
Australian standards.
(f) The allowance
will be adjusted in the future in line with general salary movements for linen
service employees.
13. Excess Fares and
Travelling
For the purpose of this clause
accustomed place of work shall mean the site or campus where an employee is
regularly required to commence duty by the employer.
(i) An
employee shall be required to proceed to the accustomed place of work and
return home once on each ordinary working day or shift in the employee's own
time and at the employee's own expense.
(ii)
(a) Where an
employee is directed to report for duty to a place of work other than the
employee's accustomed place of work the employee shall travel to and from the
alternative place of work in the employer's time for those periods in excess of
time normally taken to travel to and from the accustomed place of work.
(b) If the excess of
travelling time on a particular day or shift is greater than the prescribed
ordinary hours of duty for the particular category of staff for that day or
shift, then the excess of hours shall be paid at the ordinary rate of pay to
the extent of 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
by the Crown Employees (Public Service Conditions of Employment) Reviewed 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
disagreement about such decision after such discussion or if a significant
number of employees are involved, the matter should be referred to the
Secretary, who will discuss the matter with the Union and will determine the
date upon which notice will be given the 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 paragraph (b) hereunder of this
subclause.
(b) If a reliever
incurs fares in excess of the amount prescribed by
Item 49 of Part B, Monetary Rates - Table 1 - Other Rates and Allowances, per
day in travelling to and from the relief site, the excess shall be reimbursed.
Where a reliever, with the prior approval of the
employer, travels by their own mode of conveyance and incurs travelling costs
in excess of the amount prescribed by Item 49 of Part B, Monetary Rates - Table
1 - Other Rates and Allowances 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 item 6 of Table 1 of Part B, Monetary Rates of
the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009, as varied or replaced from time to time, less the amount prescribed by
Item 49 of Part B, Monetary Rates - Table 1 - Other Rates and Allowances of
this Award..
(v) No payment
shall be made under this clause unless the employer is satisfied that the
employee has incurred additional expenditure in having to report to an
alternate place of work, at the direction of the employer.
(vi) Travel, to an
alternative place of work, either by public transport or own mode of
conveyance, shall in all instances be by the most direct route.
14. 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 the meal break, such time shall count as ordinary working time.
(ii) An employee
required to work overtime following on the completion of his or her normal shift
for more than two hours shall be allowed 20 minutes for the partaking of a meal
and a further 20 minutes after each subsequent four hours overtime; all such
time shall be counted as time worked.
(iii) An employee
recalled to work overtime after leaving the employer's premises and who is
required to work for more than four hours shall be allowed 20 minutes for the
partaking of a meal and a further 20 minutes after each subsequent four hours
overtime; all such time shall be counted as time worked.
(iv) The meals
referred to in subclauses (ii) and (iii) of this clause shall be allowed to the
employee free of charge. Where the employer is unable to provide such meals an
allowance as set out in Item 44 of Table 1 of Part B shall be paid to the
employee concerned. This allowance shall be varied as the rates are varied from
time to time in the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009, as varied or replaced from time to time.
(v) Where an
employee is required to work an overtime shift on his or her rostered day off,
or on a shift changed in accordance with clause 4, Roster of Hours, the
appropriate meal breaks for that shift, as prescribed in subclause (i) of this clause and subclauses (xii) and (xiii) of clause
3, Hours, shall apply.
(vi) Where
practicable, employees shall not be required to work more than four (4) hours
without a meal break. By agreement between an employer and the majority of
employees in the department, an employee or employees may be required to work in
excess of four (4) hours but not more than five (5) hours at ordinary rates of
pay without a meal break.
15. Public Holidays
(i)
(a) Public holidays
shall be allowed to employees on full pay.
(b) Except as
provided in this subclause, where an employee is required to and does work on
any of the public holidays set out in this subclause, whether for a full shift
or not, the employee shall be paid at time and a half extra for the ordinary
rostered hours of duty on that day. Such payment is 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 at half time extra for the ordinary rostered hours and have one day added
to their period of annual leave for each public holiday worked in lieu of the
provisions of the preceding paragraph.
Provided further that where an employee is rostered for
a shift which crosses midnight on a public holiday and the total rostered hours
on the public holiday are less than the equivalent of full shift, the shift
will be deemed to have been worked on the day on which the majority of time was
actually worked.
(c) 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, Christmas Day,
Boxing Day, Anzac Day, Queen's Birthday, Labour Day and any other standard
public holiday declared under Section 4 of Part 2 of the Public Holidays Act
2010 as varied or replaced from time to time.
(d) Shift workers
rostered off duty on a public holiday shall:
(1) be paid one
day's pay in addition to the weekly rate; or
(2) if the employee
elects, have one day added to their period of annual leave.
Provided that the provisions of this subclause shall:
(3) not apply to
employees employed under the Health Managers (State) Award 2019, as varied or replaced from time to time; and
(4) only apply to
day workers who were employed as at 1 July 2008.
(e) The election
referred to in paragraphs 15(i)(b) and 15(i)(d) is to be made in writing by the employee at the
commencement of each year of employment.
(f) Provided that
an employee who has accrued additional annual leave referred to in paragraphs
15(i)(b) and 15(i)(d), (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 specified in paragraph 15(i)(c),
employees are entitled to an extra public holiday each year. Such public
holiday is to be determined by the employer to be taken in the Christmas-New
Year period or other suitable period as agreed between the employer and the
Union and shall be regarded for all purposes of this clause as any other public
holiday
(iii)
(a) Old Part-Time
Employees working 30 hours per week over five days, and Part-Time Employees
(and those working a part time work arrangement) shall be entitled to public holidays
set out in paragraph (i)(b) and subclause (ii) for
days in which they would ordinarily be required to work but, for the holiday
occurring. Where such employees are required to, and do work on such a public
holiday, the employee shall be paid at the rate of double time and one-half for
the time worked (but such worker shall not be entitled to the provisions in
subclause 15(i) and (ii) that provides for the period
worked on a public holiday to be added to their period of annual leave). Such Old Part-Time employees shall not be
entitled to be paid in addition the allowance of 15 per cent prescribed in Part
2 of clause 6 in respect of such work.
(b) The provisions
of subclause (i) and (ii)_of this clause shall not
apply to Old Part Time Employees engaged under clause 6 - Part 2, provided that
such Old Part Time Employees required to and do work on a public holiday
defined in (i)(b) and (ii) of this clause, shall be
paid at the rate of double time and one-half for the hours worked, but such
worker shall not be entitled to be paid, in addition, the allowance of 15 per
cent prescribed in Part 2 of clause 6, in respect of such work.
16. Annual Leave
(i) Entitlement
to Annual Leave
(a) All employees:
See Annual Holidays Act 1944 as varied from time to time.
(b) This paragraph
and its subparagraphs shall apply to full-time employees and permanent
part-time employees except for those employees employed under the Health
Managers (State) Award 2019, as varied or replaced
from time to time.
For the purpose of subparagraph 16(i)(b)(1),
"Qualifying period of employment" is a reference to an entitlement to
annual holiday on ordinary pay at the end of each year of the worker’s
employment (i.e. after a 12 month period) as outlined in s3(1) of the Annual
Holidays Act 1944.
(1) Employees who
are rostered to work and do work on 35 or more ordinary hours shifts occurring
on Sundays and/or public holidays during a qualifying period of employment for
annual leave purposes, shall be entitled to receive one week additional annual
leave.
(2) Employees who
are rostered to work and do work less than 35 ordinary hours shifts occurring
on Sundays and/or public holidays during a qualifying period of employment for
annual leave purposes, shall be entitled to receive a proportion of one week
additional annual leave calculated on the basis of 38 hours of additional
annual leave for 35 such shifts worked.
(3) Employees who
work less than 38 hours per week and who are rostered to work and do work less
than 35 ordinary hours shifts occurring on Sundays and/or public holidays
during a qualifying period of employment for annual leave purposes, shall be
entitled to receive a proportion of one week additional leave calculated on the
basis of the number of ordinary weekly hours of additional annual leave for 35
such shifts worked.
(4) The
calculations referred to in subparagraph (3) 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.
(5) Provided that
an employee, entitled to additional annual leave pursuant to subparagraphs (1),
(2) and (3) above, may elect to be paid an amount equivalent to the value of
his or her additional leave entitlement, in lieu of taking the additional
leave. Such election is to be made in writing by the employee at the
commencement of each year of employment.
(6) An employee,
with an accrued entitlement to additional annual leave pursuant to
subparagraphs (1), (2) and (3) 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.
(ii) On termination
of employment, employees shall be entitled to payment for any untaken annual
leave entitlements pursuant to subclause (i) of this
clause and subclause (i) of clause 15, Public
Holidays, together with payment for any untaken leave in respect of an
uncompleted year of employment, calculated in accordance with paragraphs (a)
and (b) of subclause (i) of this clause.
(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) Entitlement to
Annual Leave Loading or Shift Allowances and Weekend Penalties
(a) Employees who
become entitled to take and do take annual leave pursuant to paragraph (a) of
subclause (i) of this clause (that is, the annual
leave entitlement of four weeks per annum pursuant to the Annual Holidays
Act 1944) shall be paid ordinary salary plus either:
(1) an annual leave
loading in respect of that entitlement equivalent to 17½ % of four weeks
ordinary salary, not exceeding an amount equivalent to 17½ % of four weeks
ordinary salary for maximum Clerk Grade 12 Public Servant as varied from time
to time.
or;
(2) in the case of
a shiftworker who would have earned ordinary time
shift allowances and weekend penalties in excess of the amount of annual leave
loading indicated in subparagraph (1) above of this paragraph had he/she not
taken the annual leave; those shift allowances and weekend penalties relating
to ordinary time the employee would have earned had he/she not taken the annual
leave (provided that shift allowances and weekend penalties shall not be
payable for public holidays which occur during a period of annual leave).
(b) In respect of an
employee who becomes entitled to take annual leave pursuant to paragraph (a) of
subclause (i) of this clause (that is, the annual
leave entitlement of four weeks per annum pursuant to the Annual Holidays
Act 1944), and takes that annual leave in broken periods; both the annual
leave loading and the maximum amount referred to in subparagraph (1) of
paragraph (a) of this subclause are to be calculated pro rata for the broken
period being taken in the same proportion as the period being taken bears to
four weeks. The resultant amount of annual leave loading calculated for the
broken period of annual leave, not exceeding that maximum amount calculated for
the same broken period, is to be paid to the employee in addition to ordinary
salary for the period.
(c) In respect of a
shiftworker, who becomes entitled to take annual
leave pursuant to paragraph (a) of subclause (i) of
this clause (that is, the annual leave entitlement of four weeks per annum
pursuant to the Annual Holidays Act 1944), and who takes that annual
leave in broken periods, the entitlement to annual leave loading and maximum amount
are to be calculated in the same way as indicated in paragraph (b) of this
subclause for the period of annual leave being taken and compared with the
ordinary time shift allowances and weekend penalties the employee would have
earned had he/she not taken the annual leave (provided that shift allowances
and weekend penalties shall not be payable for public holidays which occur
during the period of annual leave), and the greater of either the calculated
annual leave loading (not exceeding the calculated maximum amount) or ordinary
time shift allowances and weekend penalties is to be paid to the employee in
addition to ordinary salary for the period.
(d) The entitlement
to annual leave loading or shift allowances and weekend penalties referred to
in paragraphs (a), (b), and (c) of this subclause are to be calculated and paid
at the same time as the annual leave is paid.
(e) Annual leave
loading is to be calculated at the rate of ordinary salary payable when the
annual leave is taken (except as provided for in paragraph (f) below), and
excludes allowances, penalty or disability rates, commission, bonuses,
incentive payments or overtime rates etc. Where the ordinary rate payable
changes effective from a date falling within a period of annual leave, the changed
rate is to be taken into account, and if necessary,
adjustments calculated and corrections to pay made.
(f) No annual leave
loading is payable to an employee who takes annual leave wholly or partly in
advance of becoming entitled to such annual leave, except if their employment
continues until the day he/she would have become entitled to take such annual
leave, in which case the loading then becomes payable on that day (calculated
on rates applicable on that day) in respect of the period/s of annual leave
already taken that the loading would have applied to had the annual leave not
been taken wholly or partly in advance. Shiftworkers
already paid ordinary time shift allowances and weekend penalties in respect of
annual leave taken wholly or partly in advance are not eligible to be paid
loading under this paragraph.
(g) No annual leave
loading or shift allowances and weekend penalties are payable to an employee
who is paid the monetary value of annual leave to their credit on resignation
(not including retirement), except as provided for in paragraph (i) below.
(h) Upon the
retirement of an employee or upon the termination by the employer of an
employee for any reason other than misconduct, the employee shall be paid
annual leave loading on that annual leave which they had become entitled to
take that the loading would have applied to had the annual leave been taken.
(i) Where
an employee transfers from one hospital or health institution to another and
commences work at the latter hospital or health institution on the next working
day following their resignation from the former hospital or health institution
and the employee is transferring their accrued annual leave entitlements, the
employee shall be eligible for annual leave loading for that year on that
annual leave that the loading applies to as if they had not resigned from the
former hospital or health institution.
(j) In respect of
that additional annual leave accrued by virtue of being rostered to work and
working ordinary hours shifts on Sundays and/or Public Holidays pursuant to
paragraph (b) of subclause (i) of this clause; no
annual leave loading is payable. Shiftworkers are to
be paid, in addition to ordinary salary for such annual leave period/s, the
ordinary time shift allowances and weekend penalties the employee would have
earned had he/she not taken the annual leave (provided that shift allowances
and weekend penalties shall not be payable for public holidays which occur
during a period of annual leave).
(k) In respect of
that annual leave elected to be accrued pursuant to the provisions of clause
15, Public Holidays, no annual leave loading or shift allowances and weekend
penalties are payable.
(v) Students and
trainees who are employed for the purpose of completing a training course leading
to a qualification which would allow the employee to be employed in a trained
capacity, but who are then not employed by the employer at the completion of
the training period in the trained capacity, and medical officers who are not
given the opportunity to renew their contract of employment at the end of the
training period or at the end of their appointment, are deemed to have had
their services terminated by the employer for a reason other than misconduct
(unless transferring pursuant to paragraph (i) of
subclause (iv) of this clause) for the purposes of annual leave loading. In
such circumstances the trainee, student or medical officer is entitled to the
payment of the annual leave loading in the same way as for other employees and
in accordance with subclauses (i)(a), (ii), (iii) and
(iv) of this clause, excepting that annual leave loading is not payable to
trainees who are paid by way of allowance and not by salary or wages.
17. Long Service Leave
(i)
(a) The provisions
of this clause shall not apply to service as a casual employee, except as
provided in subclauses (iv) and (v). Continuous service as a casual employee
may accrue Long Service Leave as per the Long Service Leave Act 1995
(NSW), as varied or replaced from time to time.
(b) The provisions
of this clause shall not apply to Old Part Time Employees as prescribed in
clause 6, Part 2, except as provided in subclause (xv)(b) or (xv)(c). Such
employees may accrue Long Service Leave as per the Long Service Leave Act
1995 (NSW), as varied or replaced from time to time.
(ii)
(a) Each employee
shall be entitled to two months long service leave on full pay after ten years
of service; thereafter additional long service shall accrue on
the basis of five months long service leave on full pay for each ten
years’ service.
Employees with at least seven years’ service and less
than 10 years’ service are entitled, proportionate to his or her length of
service, to proceed on a proportionate period of long service leave on the
basis of two months' long service leave for ten years' service on full pay.
(b) Where the
services of an employee with at least five years’ service and less than seven
years’ service are terminated by the employer for any reason other than the
employee's serious and wilful misconduct, or by the employee on account of
illness, incapacity or domestic or other pressing necessity, he/she shall be
entitled to be paid a proportionate amount for long service leave on the basis
of two months' long service leave for ten years' service.
Where the services of an employee with at least seven
years and less than 10 years’ service are terminated by the employer or by the
employee, he/she shall be entitled to be paid a proportionate amount for long
service leave on the basis of two months' long service leave for ten years'
service. Where the services of an employee with at least 10 years’ service are
terminated by the employer or by the employee, he/she shall be entitled to be
paid on the basis of two months' long service leave for ten years' service and
thereafter on the basis of five months long service leave for each ten years’
service.
(iii) 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 the 1 January 1973;
(2) any period of
part-time service, except as provided for in subclause (xi) of this clause.
(3) any period of
casual service except as provided in subclause (iii) and (viii) of this clause
(iv) A period of
continuous casual service that merges immediately and without a break with
permanent employment at the same public health organisation will be counted as
service for the purposes of Long Service Leave accrual under this award on the
basis of the same proportion of the hours worked in the period of continuous
casual service bears to full time hours.
(v) Should a casual
employee have obtained an entitlement to long service leave under the
provisions of the Long Service Leave Act 1955 then that entitlement will
be paid and deducted from any further long service leave entitlement under this
award.
(vi) 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.
(vii) 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.
(viii) 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.
(ix) Health Industry
Status of Employment (State) Award
Employees who are employed under the definitions
prescribed by the Health Employees Status of Employment (State) Award as a
casual employee, temporary employee, permanent employee
and exempt employees will have the entitlement to long service leave as
prescribed hereunder:
(a) Casual
employees - the Long Service Leave Act 1955 applies.
(b) Temporary
Employees
(1) Temporary part time
employee - in the same manner as a permanent part time employee in the Health
Employees Conditions of Employment Award
(2) Temporary
full-time employee - in the same manner as a full-time employee in the Health
Employees Conditions of Employment (State) Award
(c) Permanent
employee in the same manner as a permanent part time or permanent full-time
employee in the Health Employees Conditions of Employment (State) Award
(d) Exempt Employee
(1) Part time
exempt employee - in the same manner as a permanent part time employee in the
Health Employees Conditions of Employment (State) Award
(2) Full time
exempt employee - in the same manner as a full-time employee in the Health
Employees Conditions of Employment (State) Award.
(x) Long Service
Leave shall be taken at a time mutually arranged between the employer and the
employee.
(xi)
(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 transfers his or her leave entitlement
in accordance with the provisions of Section 18 of the NSW Health Policy
Directive PD2019_010 for the NSW Health Service, as amended from time to time.
(b) Where an
employee who has acquired a right to long service leave, or after having had
five years 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.
(xii) The provisions
of subclauses (i) to (v) of this clause shall not
apply to Old Part-Time Employees who receive an adjusted hourly rate (as
defined per clause 6, Part 2, 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, as amended or replaced from time to time.
(xiii) A full-time
employee shall be entitled to have previous service as an Old Part-Time
Employee 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 service on
the basis of the proportion that the actual number of hours worked each week
bears to forty hours, provided the service as an Old Part-Time Employee merges without break with the subsequent
full-time service.
A permanent part-time employee shall be entitled to
have previous service as an Old Part-Time Employee which is the equivalent of
at least two full days' duty per week taken into account for long service leave
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 35 hours for Radiographers and Radiation Therapists and 38 hours for other
employees, provided that the service as an Old Part-Time Employee merges
without break with the subsequent full-time or permanent part-time service.
(xiv) 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.
(xv) The following
provisions shall apply only to employees employed in a hospital at the 1
January 1973:
(a) An employee who
-
(1) has had service
in a hospital, to which clause 5, Climatic and Isolation Allowance, applies,
prior to the 1 January 1973;
(2) Is employed in
a hospital, to which the said clause 5 applies, at 1 January 1973 shall be
granted long service leave in accordance with the long service leave provisions
in force prior to the 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 an Old
Part-Time Employee at the 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 the 1st January 1973 in lieu of the provisions of the Long
Service Leave Act 1955, as provided for in sub-clause (xi) of this clause;
(2) on a full-time
basis at 1 January 1973, but who had prior service as an Old Part-Time Employee
may be allowed to continue to be granted long service leave in accordance with
the long service leave provisions in force prior to the 1 January 1973, in lieu
of the provisions provided by this Award where such benefits are more
favourable to the employee.
(c) Provided that
full time and service as an Old Part-Time Employees who were employed in a
hospital as at 1 January 1973, and who had or were having service accrued at
either time and one half or double time shall retain the option of having long
service leave entitlements accrue under the old Award provisions. This proviso
shall apply regardless of any breaks in the continuity of service.
18. 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; provided however, that for Radiographers and Radiation Therapists such
leave shall be allowed on the basis of 70 rostered ordinary hours 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 or a person
approved by the employer 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
consecutive days or where in the employers' 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 the 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 17, Long
Service Leave, 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) Each employee
shall take all reasonably practicable steps to inform the employer of his or
her inability to attend for duty and as far as possible state the estimated
duration of the absence.
Where practicable such notice shall be given within 24
hours of the commencement of such absence.
(ii) Employees
engaged part-time shall be entitled to sick leave in the same
proportion of 76 hours as the average weekly hours worked over the preceding 12
months or from the time of 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 accident pay, or workers compensation;
provided, however, that where an employee is not in receipt of accident pay, 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 employees' 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) 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.
19. Payment and
Particulars of Salary
(i) Wages
shall be paid weekly or fortnightly only, except for persons engaged under the
Health Managers (State) Award 2019, as varied or
replaced from time to time, in which case salary may be paid monthly. Any
changes to payment procedures are to be the subject of consultation with the
Union.
(ii) Employees shall
have their salary paid into one account with a bank or other financial
institution in Australia as nominated by the employee except where agreement as
to another method of payment has been reached between the Union and the
employer due to the isolation of the work location. Salaries shall be deposited
in sufficient time to ensure that wages are available for withdrawal by
employees no later than pay day provided that this requirement shall not apply
where employees nominate accounts with non-bank financial institutions which
lack the technological or other facilities to process salary deposits within 24
hours of the employer making 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
pay-day.
(iii) Notwithstanding
the provisions of subclause (ii), of this clause, an employee who has been
given one week's notice of termination of employment, in accordance with Clause
20, Termination of Employment, of this Award, shall be paid all moneys due to
them 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 20, any
moneys due to them 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 wages. Such payment
shall be accompanied by a statement containing particulars as set out in
subclause (iv) of this clause.
(vi) Employees
proceeding on Long Service Leave and Annual Leave shall on request be paid in
advance prior to commencing such leave. However, where an employee wishes to
receive their pay on their usual pay day, this shall be done.
(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.
20. Termination of
Employment
(i) Employees
who are employed under the Health Managers (State) Award 2019, as varied or replaced from time to time, shall be required to
give one month’s written notice of termination of employment. Where termination
of such employees is to be notified by the employer, otherwise than for
misconduct, the employee shall be given one month’s notice, in writing, or one
month’s pay in lieu thereof.
(ii) For other
employees, one week's notice of termination of employment shall be given by the
employer or the employee, respectively, but when the conduct of an employee
justifies instant dismissal, such notice of termination of employment shall not
apply; provided that should an employee fail to give the prescribed notice,
such employee shall be liable to the forfeiture of one week's wages. Where the
services of an employee are terminated without due notice
they shall be paid one week's salary in lieu thereof.
21. Accommodation and
Amenities
(i) Suitable
dining room accommodation and lavatory conveniences 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 date.
(iii) The following
outlines the minimum standards which should be achieved in all hospitals:
Sanitary Conveniences -
(a) Reasonable
toilet facilities for each sex.
(b) Separate and
distinct conveniences for each sex, together with screened approaches to ensure
privacy. These facilities should be located conveniently to work
places, they should be adequately lighted and ventilated and have
floors, walls and ceilings finished with a smooth faced surface resistant to
moisture.
Washing and Bathing Facilities-
(a) Reasonable
washing provision by way of basins of suitable impervious material with hot and
cold water taps supplied.
(b) Reasonable
number of showers with hot and cold water.
Washing and bathing facilities must be adequately
lighted and ventilated and floors, walls and ceilings
finished with a smooth- faced surface resistant to moisture.
These facilities should be incorporated in or
communicated direct with the change room and should
not be contained within any closet block.
Change rooms and Lockers -
(a) Properly
constructed and ventilated change rooms equipped with a locker for each
employee.
(b) Sufficient
seating should be provided.
Dining Room -
(a) Well constructed,
ventilated and adequately lighted dining room(s).
(b) Chairs or other
seating with back rests.
(c) Sufficient
tables 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 should be provided.
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.
(iv) Where major
additions to presently occupied buildings or new buildings 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.
22. 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 officer
appointed by the employer and if practicable a Union Sub-Branch Officer,
otherwise by any two officers so appointed by the employer.
23. Uniforms and
Protective Clothing
(i)
(a) Subject to paragraph
(c) of this sub-clause, sufficient serviceable uniforms or overalls 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 therefor 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, the employer may pay to such employee the sum set out
in Item 45 of Table 1 - Other Rates and Allowances, of Part B, Monetary Rates:
provided, however, that if a uniform includes a cardigan or special type shoe,
an additional amount set out in the said Item 45 shall be paid to such
employee.
(d) If the uniform
of an employee is not laundered at the expense of the employer, an allowance
set out in Item 46 of Table 1 shall be paid to such employee.
(e) The allowances
referred to in (c) and (d) above are payable to part-time employees on the basis of one fifth of the full weekly allowance for
each shift worked in the week.
(ii) Each employee
whose duties require them to work out of doors shall be supplied with overboots. Sufficient raincoats shall also be made
available for use by these employees.
(iii) Each employee
whose duties require them to work in a hazardous situation with or near
machinery shall be supplied with appropriate protective clothing and equipment.
24. Promotions and
Appointments
(i) Promotion
and/or appointment shall be by merit, with the use of eligibility lists in
appropriate cases.
(ii) In the case of
an employee or employees disputing a promotion and/or appointment the Union may
refer the matter to a disputes committee established under clause 26, Dispute
Resolution.
(iii) Eligibility
lists are intended to be used in the following manner:
(a) The employer
may create eligibility lists for all base grade vacant positions.
(b) Lists to operate
for six months.
(c) Eligibility
lists may be created
(1) of persons
willing to perform temporary relief work at short notice.
(2) for part-time
positions.
(3) for full-time
positions.
(d) Eligibility lists
should be created in accordance with normal selection criteria taking account
of the following where appropriate: -
(1) Priority of
employment guidelines.
(2) Merit.
(3) Placement or
transfer of excess staff within the Public Health Organisation.
(iv) If an employee,
working in a position on a part time basis on a regular and systematic basis
during a calendar period of 12 months, requests to be considered for full-time
employment, the Employer, at their discretion, can fill the vacancy by merit,
or allow the employee to convert to full-time employment.
25. New
Classifications
The employer may create any new 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.
26. Dispute Resolution
(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 Designated Manager of the hospital, health institution or
service unit or their nominee who will arrange for the matter to be discussed
with the employee concerned and if requested a local representative or
representatives of the Union.
(ii) If the matter
is not resolved within a reasonable time it must be referred by the Designated
Manager to the Chief Executive Officer (however called) of the Public Health
Organisation (or his or her nominee) and may be referred by the employee to the
Union's Head Office. Discussions at this level must take place within a
reasonable time with a view to resolving the issue in dispute. Failing
settlement of the issue at this level, the matter shall be dealt with in
accordance with subclause (iii) of this clause.
(iii) With a view to
amicable and speedy settlement of all disputes that firstly cannot be settled
by a local management and the Union or its representatives, disputes may be
submitted to a committee consisting of not more than six members with equal
representation 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 recommendations as it may
think right and in the event of no mutual decision being arrived at by such a
committee and if a dispute still exists the matter in dispute may be referred
to the Industrial Relations Commission in accordance with the provisions of the
Industrial Relations Act 1996 by one of the disputing parties.
(iv) Whilst these
procedures are continuing, no stoppage of work or any form of ban or limitation
of work shall be applied.
(v) Unless agreed
otherwise by the parties the status quo must continue whilst these procedures
are being followed. For this purpose "status
quo" means the work procedures and practices in place:
(a) immediately
before the issue arose: or
(b) immediately
before any change to those procedures or practices, which caused the issue to
arise, was made.
The employer must ensure that all practices applied
during the operation of these procedures are in accordance with safe working
practices.
27.
Anti-Discrimination
(i) It
is intention of the parties bound by this Award to seek to achieve the object
in section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
(ii) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion".
28. 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 (iv)(a)(1) and (2) above, a working day for
employees working 38 hours per week shall be deemed to consist of 8 hours, and
a working day for employees working 35 hours per week shall be deemed to
consist of 7 hours. The rate at which FACS leave is paid out and utilised shall
be on actual hours absent from a rostered shift.
Example A: An employee working 38 hours per week will
have an entitlement, in their first year of employment, to 24 hours of FACS
leave. If the employee takes FACS leave for a full 10 hour
shift, the employee would be debited 10 hours of FACS leave.
Example B: An employee working 35 hours per week will
have an entitlement, in their first year of employment, to 21 hours of FACS
leave. If the employee takes FACS leave for a full 7 hour
shift, the employee would be debited 7 hours of FACS leave.
Example C: An employee, employed prior to 1 January
1995, applies for FACS leave on 20 February 1997. The employee is entitled to 6
days in any period of two years. Therefore, to calculate the employee’s
available FACS leave as at 20 February 1997, add all FACS leave taken from 21
February 1995 to 20 February 1997 and deduct that amount from the 6 days
entitlement.
(c) FACS leave is
available to employees engaged in part-time work on a pro rata basis, based on
the average number of ordinary 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, he/she would be debited 8 hours of FACS leave.
(v) Additional FACS
leave for bereavement purposes
Where FACS leave has been exhausted, additional FACS
leave of up to 2 days for bereavement may be granted on a discrete, "per
occasion" basis to an employee on the death of a relative or member of a
household as defined in subclause (i)(a) of Part A of
this clause.
(vi) Use of other
leave entitlements
The employer may grant an employee
other leave entitlements for reasons related to family responsibilities
or community service, by the employee.
An employee may elect, with the consent of the employer,
to take annual leave; long service leave; or leave without pay.
B. Personal/Carer’s
Leave
(i) Use
of sick leave to care for the person concerned - definitions
A person who needs the employee’s care and support is
referred to as the "person concerned" and is:
(a) a spouse of the
employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purpose of
this clause relating to Personal/Carer’s Leave:
"relative" means a person related by blood, marriage
or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other;
and
"household" means a family group living in
the same domestic dwelling.
(ii) Use of sick
leave to care for the person concerned - entitlement
(a) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being as defined in subclause (i) of Part B
of this clause.
(b) Other than a
casual or any other employee who receives a loading in lieu of sick leave, an
employee with responsibilities in relation to a person who needs their care and
support shall be entitled to use the untaken sick leave, from that year’s
annual sick leave entitlement, to provide care and support for such persons
when they are ill.
(c) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave available under (b) above, sick leave untaken from the previous 3 years
may also be accessed by an employee with responsibilities in relation to a
person who needs their care and support.
(d) The employer may,
in special circumstances, make a grant of additional sick leave. This grant can
only be taken from sick leave untaken prior to the period referred to in
subclause (c) above.
(e) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, that the illness of the person concerned is such as to
require care by another person.
(f) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
(g) The employee is
not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration.
(h) The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(i) In
normal circumstances, the employee must not take leave under this part where
another person has taken leave to care for the same person.
(iii) Use of other
leave entitlements
An employee may elect, with the consent of the
employer, to take:
(a) annual leave,
including annual leave not exceeding 10 days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties. An
employee and employer may agree to defer payment of the annual leave loading in
respect of single day absences, until at least 5 consecutive annual leave days
are taken. An employee may elect with the employer’s agreement to take annual
leave at any time within a period of 24 months from the date at which it falls
due.
(b) long service
leave; or
(c) leave without
pay for the purpose of providing care and support to the person concerned as defined
in subclause (i) of Part B of this clause.
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
paragraph (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
carer’s entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in paragraphs (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.
28A. Family Violence
Leave
(i) The
provisions outlined in the clause are available to all employees covered by
this Award, other than casual employees as defined in subclause (ii) below.
(ii) Casual employees as defined in the
Health Industry Status of Employment (State) Award are entitled to the
provisions outlined in subclauses (xi), (xii) and (xiii) of this clause.
(iii) 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.
(iv) 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.
(v) 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.
(vi) 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.
(vii) 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.
(viii) 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.
(ix) 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.
(x) The employer will co-operate with
all legal orders protecting an employee experiencing domestic violence.
Entitlement for Casual Employees
(xi) Subject to the
evidentiary requirements in subclause (v) of this clause, casual employees who
are experiencing family and domestic violence as prescribed in subclause (a) of
this clause are entitled to not be available to attend work or to leave work.
(xii) 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.
(xiii) 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.
29. 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.
30. Notice Board
The hospital or health institution shall permit a lockable
notice board of reasonable dimensions to be erected in a prominent position
upon which the Union representative shall be permitted to post Union notices.
31. Blood Count
Those employees who are regularly required to assist and/or
work with the radiologist and/or radiographer in close proximity to diagnostic
and/or therapeutic x-ray machines or any other form of radioactive irradiators
may on request to the employer have a blood count carried out.
Employees required to work in areas where they are subject
to a higher than normal risk of infection shall be given appropriate check-ups
upon making application therefore to the employer.
32. Infectious
Cleaning
(i) This
clause applies to non-clinical employees who in any shift:
(a) Perform
cleaning duties in infectious areas: or
(b) assist in the
lifting and/or transporting of infectious patients.
(ii) For the
purposes of this clause:
(a) an
"infectious area" is one in which transmission-based precautions are
required to be used;
(b) an
"infectious patient" is one in respect of whom transmission-based
precautions are required to be used;
(c) "transmission-based
precautions" are those that are determined to be required in addition to
standard precautions, in accordance with NSW Health Policy PD 2017_013
Infection Prevention and Control Policy, as amended or replaced from time to time;
(d) an employee
"performs cleaning duties" if they are employed in a role in which
cleaning is the predominant or substantial responsibility. It does not
encompass cleaning tasks that are incidental to, even if required as a
consequence of, an employee’s core responsibilities;
(e) an employee
"assists in the lifting and/or transporting" of an infectious patient
if they perform duties such as:
(1) assisting to
lift the patient out of bed, including through the use of lifting equipment,
for showering or other personal health tasks;
(2) transporting
the patient within the ward, such as to the bathroom, or to other areas within
the same Health Institution or Hospital;
(3) transporting
deceased patients to a mortuary; or
(4) transporting
patients in a motor vehicle.
(iii) Employees who perform
the duties described in subclause (i) will be paid an
allowance as set in Item 47 of Table 1 - Other Rates and Allowances, of Part B,
Monetary Rates. The allowance is payable once per shift, regardless of whether
the employee performs the duties described in subclause (i)
on more than one occasion during the shift.
(iv) Employees are to
be given the option of working in an infectious area (including working with an
infectious patient). In the event of an employee declining to work in the
infectious area, hospitals are to seek guidance from the employer.
(v) Employees will
be given training in infection control procedures, in accordance with NSW
Health Policy PD 2017_013 Infection Prevention and Control Policy, as amended
or replaced from time to time.
33. 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 work environment.
(iv) Existing
provisions with respect to the payment of higher duties allowances shall apply
in such circumstances.
34. Teleworking
(i) "Teleworking"
is the performance of job related work at a site away
from the normal work location.
(ii) Subject to agreement
between the employer and the Union, teleworking may be introduced.
35. Workforce Review
Any proposal to reorganise a Department or service that will
significantly affect employees covered by the Union will be the subject of
genuine consultation with the Union.
36. Child Care
The parties agree to work together to examine methods of
addressing the childcare needs of employees.
37. Union
Subscriptions
The employer agrees, subject to prior written authorisation
by Union members, to deduct Union subscriptions from the pay of the authorising
members and remit to the Union.
38. Telephone
Allowance
(i) An
employee required to answer emergency telephone calls on their private
telephone outside of ordinary working hours, but not recalled to duty, shall be
reimbursed rental charges on such telephone on production of receipted
accounts.
(ii) Provided that,
where an employee is required to answer out of hours telephone calls on their
private telephone on a relief basis they shall be paid one-twelfth of their
yearly telephone rental for each month or part thereof they are so employed.
39. Exemptions
This Award shall not apply to:
(a) Members, novices or aspirants of religious orders in public
hospitals, the names of whom are included or hereafter shall be included in
Schedule 3 of the Health Services Act 1997.
(b) Employees of
Stewart House Preventorium.
40. 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 (NSW) 1987, as amended or
replaced 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, as amended or replaced from time to time, will be recognised, provided
that:
(a) service was on
a full-time or permanent part-time basis:
(b) cessation of
service with the former employer was not by reason of dismissal on any ground,
except retrenchment or reduction of work;
(c) the employee
immediately commences duty with the new employer. There may be a break in
service of up to two months before commencing duty with the new employer.
However, such a break in service will not be counted as service for the purpose
of calculating any prior service prerequisite for paid maternity leave.
(iii) Entitlement to
Paid Maternity Leave
An eligible employee is entitled to fourteen weeks at
the ordinary rate of pay from the date maternity leave commences. This leave
may commence up to fourteen weeks prior to the expected date of birth.
It is not compulsory for an employee to take this
period off work. However, if an employee decides to work during the nine weeks
prior to the date of birth it is subject to the employee being able to
satisfactorily perform the full range of normal duties.
Paid maternity leave may be paid:
on a normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a period of twenty-eight
weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Unpaid Maternity
Leave
(a) Full-time and
permanent part-time employees who are entitled to paid maternity leave are
entitled to a further period of unpaid maternity leave of not more than 12
months after the actual date of birth.
(b) Full-time and
permanent part-time employees who are not eligible for paid maternity leave are
entitled to unpaid maternity leave of not more than 12 months.
(v) Applications
An employee who intends to proceed on maternity leave
should formally notify her employer of such intention as early as possible, so
that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must
include a medical certificate stating the expected date of birth and should
also indicate the period of leave desired.
(vi) Variation After
Commencement of Leave
After commencing maternity leave, an employee may vary
the period of her maternity leave once only without the consent of her employer
by giving the employer notice in writing of the extended period at least fourteen
days’ before the start of the extended period. An
employer may accept less notice if convenient.
An employee may extend the period of maternity leave at
any time with the agreement of the employer.
The conditions relating to variation of maternity leave
are derived from Section 64 of the Industrial Relations Act 1996.
(vii) Staffing
Provisions
In accordance with obligations established by the Industrial
Relations Act 1996 (Section 69) any person who occupies the position of an
employee on maternity leave must be informed that the employee has the right to
return to her former position. Additionally, since an employee has the right to
vary the period of her maternity leave, offers of temporary employment should
be in writing, stating clearly the temporary nature of
the contract of employment. The duration of employment should be also set down
clearly; to a fixed date or until the employee elects to return to duty,
whichever occurs first.
(viii) Effect of Maternity
Leave on Accrual of Leave, Increments etc.
When the employee has resumed duties, any period of
full pay leave is counted in full for the accrual of annual leave, sick leave
and long service leave and any period of maternity leave on half pay is taken
into account to the extent of one half thereof when determining the accrual of
annual leave, sick leave and long service leave.
Except in the case of employees who have completed ten
years' service the period of maternity leave without pay does not count as
service for long service leave purposes. Where the employee has completed ten
years' service the period of maternity leave without pay shall count as service
provided such leave does not exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of maternity leave at full pay and at half
pay are to be regarded as service for incremental progression on a pro-rata
basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received i.e.,
public holidays occurring in a period of full pay maternity leave are paid at
full rate and those occurring during a period of half pay leave are paid at
half rate.
(ix) Illness
Associated with Pregnancy
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then she can elect to use any
available paid leave (sick, annual and/or long service leave) or to take sick
leave without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave ceases nine weeks prior to the
expected date of birth. The employee then commences maternity leave with the
normal provisions applying.
(x) Transfer to a
More Suitable Position
Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to satisfactorily perform. This obligation arises
from Section 70 of the Industrial Relations Act 1996. A position to
which an employee is transferred under these circumstances must be as close as
possible in status and salary to her substantive position.
(xi) Miscarriages
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions
(xii) Stillbirth
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave, subject to production of a medical certificate, or maternity leave. She
may resume duty at any time provided she produces a doctor's certificate as to
her fitness.
(xiii) Effect of
Premature Birth on Payment of Maternity Leave
An employee who gives birth prematurely and prior to
proceeding on maternity leave shall be treated as being on maternity leave from
the date leave is commenced to have the child. Should an employee return to
duty during the period of paid maternity leave, such paid leave ceases from the
date duties are resumed.
(xiv) Right to Return
to Previous Position
In accordance with the obligations set out in Section
66 of the Industrial Relations Act 1996, an employee returning from
maternity leave has the right to resume her former position.
Where this position no longer exists
the employee is entitled to be placed in a position nearest in status and
salary to that of her former position and to which the employee is capable or
qualified.
(xv) Further Pregnancy
While on Maternity Leave
Where an employee becomes pregnant whilst on maternity
leave a further period of maternity leave shall be granted. If an employee
enters on the second period of maternity leave during the currency of the
initial period of maternity leave, then any residual maternity leave from the
initial entitlement ceases
An employee who commences a subsequent period of
maternity leave while on unpaid maternity leave under paragraph (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 (NSW) 1987, as amended or
replaced 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 (NSW) 1987, as amended or
replaced 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:
(i) if
applicable, the period of any maternity leave sought or taken by his spouse,
and
(ii) 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 paragraphs (i)(b)
and (c) must be recorded in writing.
(iv) Where an
employee wishes to make a request under paragraph (i)(c):
(a) the employee is
to make an application for leave without pay to reduce their full-time weekly
hours of work.
(b) such
application must be made as early as possible to enable the employer to make
suitable staffing arrangements. At least four weeks’ notice must be given.
(c) salary and
other conditions of employment are to be adjusted on a basis proportionate to
the employee’s full-time hours of work i.e. for long service leave the period
of service is to be converted to the full-time equivalent and credited
accordingly.
(d) employees who return
from leave under this arrangement remain full-time employees. Therefore, the
payment of any part-time allowance to such employees does not arise.
E. Communication
During Leave
(i) Where
an employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the employer
shall take reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing the leave; and
(b) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing the leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of the leave to
be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part-time basis.
(iii) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with subclause (i).
NOTE:
(a) The entitlement
to maternity, adoption and parental leave for part-time employees who receive
an adjusted hourly rate (as defined in clause 6, Part 2, of 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.
41. Lactation Breaks
(i) This
clause applies to employees who are lactating mothers. A lactation break is
provided for breastfeeding, expressing milk or other activity necessary to the
act of breastfeeding or expressing milk and is in
addition to any other rest period and meal break as provided for in this Award.
(ii) A full-time
employee or a part-time employee working more than four hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day or per shift.
(iii) A part-time
employee working four hours or less on any day or shift is entitled to only one
paid lactation break of up to 30 minutes each per day or per shift worked.
(iv) A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their manager provided the total lactation break time entitlement
is not exceeded. When giving consideration to any such
requests for flexibility, a manager needs to balance the operational
requirements of the organisation with the lactating needs of the employee.
(v) The employer
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk. Other suitable facilities,
such as refrigeration and a sink, shall be provided where practicable. Where it
is not practicable to provide these facilities, discussions between the manager
and the employee will take place to attempt to identify reasonable alternative
arrangements for the employee’s lactation needs.
(vi) Employees
experiencing difficulties in effecting the transition from home based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
(vii) Employees
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave or other leave in accordance with the Award.
42. Study Time
(i) Eligibility
- Study time may be granted by the employer to full-time employees undertaking
part-time courses of study, in disciplines appropriate to health services, for
which approval to enrol has been given by the employer.
Employees proposing to embark upon a course of study
for which the employer’s support is sought should consider the extent to which
their own time will need to be applied to study, and whether they are prepared
and able to firmly commit that time for the duration of the course. They should
also consider whether the content of the course is appropriate to their employment
situation, either present or contemplated, and whether attainment of the
qualification will be of benefit to them in their work.
Having decided to undertake the course they should discuss
the proposal with the employer and secure approval before making any final
arrangements for enrolment or registering for the course.
The employer is required to examine the appropriateness
of the course considered by any full-time employee, and be satisfied that it
will better qualify the employee for service within the New South Wales public
health system, before giving the approval and committing the employer to
support in the form of study time. The employer should, too, ensure that such
study time will not interfere with the maintenance of the Public Health
Organisation’s essential service, nor require the employment of additional
staff.
The application form for study time can be obtained
from the employee’s Public Health Organisation.
Study time and/or paid time off for course work will
only be granted in respect of one course at any one time. An employee who is
undertaking two or more courses concurrently will not in any circumstances be
granted paid study time for more than one.
(ii) Financial
Assistance - It is to be noted that employees who undertake courses associated
with part-time and external studies are not entitled to any financial
assistance regarding reimbursement of fees, travelling, etc. (see Section 6 of
the NSW Policy Directive PD2019_010 Leave Matters for the NSW Health Service,
as amended or replaced from time to time).
(iii) Extent of
Entitlement - For face-to-face studies in courses conducted by universities, or
technical and further education colleges, employees are eligible for a maximum
of four hours’ paid study leave per week to attend lectures held in working
hours, and for necessary travelling time involved. Any absence from duty in excess of this limit is to be made up.
Where lectures are held outside working hours or during
a combination of working and non-working hours an employee may be granted paid
study time on the basis of one half-hour for each hour
of compulsory attendance at after-hours lectures. Travel time necessary to
attend lectures may also be granted, but the aggregate of paid time off under
this provision is not to exceed four hours per week. Any absence from duty in excess of this limit is to be made up.
For employees undertaking an approved course by
correspondence, or as "external students", study time may be granted
on the basis of one quarter hour for each hour of lecture time in the
face-to-face course, to a maximum of four hours per week.
However, where external students are required to
compulsorily attend a residential school or practical session, they will be
granted leave on the basis of five days per subject per year, or 2 ½ days per
subject per semester; this leave will be in substitution for, and not
additional to, study time which might otherwise have been granted on a weekly
basis. Any extra time involved is to be debited against the employee’s accrued
annual leave or taken as leave without pay.
It should be noted that study time may be granted, and
taken, only once in respect of any course subject. Any student, therefore, who
fails to pass in a subject at the first attempt, and is required to repeat that
subject, shall not be eligible for paid study time in respect of that repeat.
This applies even though the repeat involved attendance
at lectures in working hours (in which case all time off for repeat studies
must be made up) or compulsory attendance at a residential school (in which
case the time off must all be made up, taken as leave without pay or annual
leave).
However, a student who is taking a combination of new
and repeated subjects in any semester or course year is eligible for study time
in respect of the new subject/s. Study time shall not be granted or taken
during course vacations.
A student in a course which involves compulsory
attendance at a field day or days may be granted study time to attend; leave
for this purpose is limited to seven hours on any one day, and where a field
day occurs on a non-working day no time-off in lieu is to be allowed. Where the
aggregate time off for course purposes exceeds four hours in any one week, the
excess is required to be made up; however, reference should be made to
sub-clause (iv) of this clause for certain conditions relating to the making-up
of time off for study purposes.
The employer must satisfy themselves that applicants
for study time are required to attend lectures, field days or residential
schools at the times stated in their applications.
Entitlements for employees undertaking higher degree
studies differ from those dealt with above; these are as set out in subclause
(vii) of this clause.
(iv) Making Up of
Time - Employees who are absent from duty for more than the maximum four hours
in any week are required to make up the excess time off.
However, the maximum excess time off taken in any one
week which is required to be made up is five hours; where the excess time off
necessarily taken by an employee for course purposes exceeds nine hours per
week the hours over nine hours are abandoned.
Let us consider, as an illustration of the principles involved, the case of employees who attend four
hours of face-to-face lectures, and also are required
to attend a field day in that same week:
¬ 4 hours
lectures
|
¬ 8 hours field
day
|
®
|
|
|
|
¬ 4 hours paid
leave
|
¬ 7 hours (max)
paid leave 1 unpaid
|
®
|
4 hours
|
5 hours
|
2 hours
|
1 hour
|
¬ max for week
|
¬ 5 hours (max)
made up
|
¬ abandoned
|
®
|
It will be seen that the employees have been granted time
off, as paid study time to attend lectures. They then are required to attend a
field day of eight hours’ duration, and they are paid for seven hours, which is
the maximum allowed for attendance at a field day. They have, therefore, done
course work for 12 hours in that week and have been paid the maximum allowable
aggregate of 11 hours. They are then required to make up the maximum of five
hours’ excess (in any one week), and the remainder (two hours) is abandoned;
they are not required to make it up either in this week nor at any future time.
As a general rule, time must be made up as soon as possible after the leave has
been taken; it cannot be made up in advance, except in the week in which the
excess time off is to be taken, but make-up may be deferred, if convenient to
the employer, until a later day (e.g. during vacations). Time off is not
permitted to be made up during meal breaks.
Adequate supervision of the make-up of time must be
exercised, either through the personal attendance of a senior officer or by a
check on output.
Despite the provisions of this section, all paid time
off for course work in repeated subjects must be made up, however it may be;
the five hours’ limitation does not apply to repeated subjects. This time off
should be made up as soon as possible, or at the employer’s convenience.
(v) Accumulation of
Study Time - Study time may be accumulated to a maximum of five days per year
(or two and a half days per semester) subject to the approval and convenience
of the employer and a request by the employee.
It will be remembered that employees engaged in courses
requiring compulsory attendance at a residential school are not eligible for
weekly study time, but are allowed a maximum of five days per subject per year
(or two and a half days per subject per semester) to attend those schools.
Employees, other than those covered in the second
paragraph of this Section, who are entitled to less than two hours’ study leave
per week may elect to accumulate that time and taken it in half-day or one-day
periods if they feel that this will be more beneficial to their studies.
Where students believe that their course requirements and/or
personal circumstances are such that they would benefit more by accruing study
time rather than taking it weekly, they may be granted a consolidated period
not exceeding five days per year (or two and a half days per semester) in
substitution for weekly study time, and may take this leave either prior to or
during examinations.
Students who receive some paid study time weekly for
lecture attendance and/or travelling time during working hours, and also have
some additional entitlement (e.g. from attendance at out-of-hours lectures) may
convert the additional entitlement to a five-days-per-annum grant if they so
desire.
Approval to accrue five (or two and a half) days’ study
time as provided above should be sought at the beginning of each course year.
However, a student who elects to accrue at the beginning, or vice versa, may
opt to reverse that decision, as from 1 July, for the remainder of the year.
The employer, in giving approval for the accrual of
study time, should ensure that the Public Health Organisation will not be
inconvenienced, nor the maintenance of its essential operations jeopardised, by
such arrangement, and that there will be no need to employ relief staff.
However, where approval is initially given, the
employer is required to honour its undertaking for the agreed period even
though circumstances may alter and the employee’s
absence then becomes inconvenient. If the employer declines an employee’s
request for approval of accumulation of study time it is obliged to grant such
time on a weekly basis.
Employees undertaking a course who join the staff after
the commencement of the course year (e.g. by transfer from another Public
Health Organisation) may apply on 1 July of that year to accumulate their study
time.
(vi) External Studies
- Employees may enrol, subject to approval by the employer, as external
students in courses of study leading to a first or further qualification other
than a higher degree. These courses may be taken through a university.
Such a course does not usually require the student to
attend lectures during the course year or semester, but usually does require
compulsory attendance at a residential school at least once during each year or
semester.
Study time is to be granted on the basis of five days
per subject per year, or two and a half days per subject per semester, and it
is to be made available to the employee to attend the school or schools held.
This leave is in substitution for, and not additional to, leave which might
otherwise be granted on a weekly basis.
Students attending residential schools do not receive
any allowance for travelling accommodation or incidental costs.
(vii) Part-Time Higher
Degree Studies - The provisions for study time for employees undertaking higher
degree studies are altogether different from the provisions already described
except for courses which involve face-to-face instruction.
The following grants of study time represent the
maximum grant available for higher degree studies, and the periods of leave may
be taken as required by the employee subject to the convenience of the
employer:
(a) Employees
studying entirely by thesis may be granted a period of ten days’ study time.
(b) For study
entirely by research and thesis there is an entitlement of twenty days’ leave;
in these cases a further ten days’ leave may be
granted where the employer is satisfied that the nature and progress of the
research warrants further study time.
(c) For study which
involves course work followed by the preparation of a thesis necessitating
further research, employees may be granted weekly study time for the course
work, where appropriate, and may also be granted a further ten days’ leave for
the preparation of the thesis.
(d) Periods of ten
days’ and 20 days’ study time must be taken as units - not as scattered or
random days towards the total entitlement, and apply to the thesis, not per
year.
(viii) Examination
Leave - Employees Attending Terminal Examinations in Approved Tertiary Courses
May be Granted Pre-Examination and Examination Leave on the following basis: -
Half-day examination leave for an examination in the
morning - no pre-examination leave in this case except where the employee works
an evening shift on the evening prior, when the equivalent of one-half days’
leave may be granted.
In the case of half day examination leave in the
afternoon the employee may be granted half day pre-examination leave in the
same morning. Where examinations are held in the evening, employees may be
granted half day pre-examination leave on the afternoon of the same day.
A terminal examination is one which occurs at the end
of the subject and must be passed for the subject to be completed and the
student to progress further; or one set during the course which forms an
integral part of the major examination or final assessment in that subject and
which the student must take in order to pass that subject in an academic year.
Where an examination is conducted within the normal class
timetable during term and study time is granted to the employee for either
private study or actual lecture attendance, no examination leave or
pre-examination leave is to be granted.
Pre-examination leave is not to be granted where study
time has been refused, except in respect of repeat studies in a course normally
attracting that concession.
Employees undertaking courses either by correspondence
or by face-to-face studies may be granted leave for examinations, including
deferred examinations as well as repeat studies in respect of the above
courses.
43. Trade Union Leave
(i) Eligibility
- Applies to members of the Union accredited by the Union as a delegate.
(ii) Paid Special
Leave - Paid special leave is available for attendance at:
(a) annual or
bi-annual conferences of the delegate’s union; and
(b) meetings of the
union’s executive/Committee of Management; or
(c) annual
conference of Unions NSW; or
(d) bi-annual
conference of the Australian Council of Trade Unions.
(iii) Limits - There
is no limit on the special leave that could be applied for or granted. It is
expected, however, that the leave would be kept to a minimum and that, on
average, not more than 5 days special leave per year would need to be taken.
(iv) Responsibilities
of the Union Delegate - Responsibilities of the union delegate are:
(a) to establish
accreditation as a delegate with the union;
(b) to provide
sufficient notice of absence to the employer; and
(c) to lodge a
formal application for special leave.
(v) Responsibilities
of the Union - Responsibilities of the union are:
(a) to provide
documentary evidence to the employer about an accredited delegate in sufficient
time to enable the employer to make arrangements for performance of duties;
(b) to meet all
travelling, accommodation and any other costs incurred by the accredited
delegate; and
(c) to provide the
employer with confirmation of attendance of the accredited delegate.
(vi) Responsibilities
of the Employer - Responsibilities of the employer are;
(a) to release the
accredited delegate for the duration of the conference or meeting;
(b) to grant special
leave (with pay); and
(c) to ensure that the
duties of the absent delegate are performed in their absence, if appropriate.
(vii) Period of Notice
- Generally, dates of conferences or meetings are known well in advance and it
is expected that employers would be notified as soon as accreditation has been
given to a delegate or at least two weeks before the date of attendance.
Where extraordinary meetings are called at short
notice, a shorter period of notice would be acceptable, provided such notice is
given to the employer as soon as advice of the meeting is received by the
accredited delegate.
(viii) Travel Time -
Where a delegate has to travel to Sydney, inter or
intra state, to attend a conference or meeting, special leave will also apply
to reasonable travelling time to and from the venue of the conference or
meeting.
No compensation, such as time off in lieu, is to be
provided if travel can be and is undertaken on an accredited delegate’s
non-working day or before or after their normal hours of work.
(ix) Payment of
Allowances - No allowances will be claimable in cases of special leave granted
for attendance at union conferences or executive meetings covered by this
clause - see also sub-clause (v) of this clause.
44. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries as varied from time to time, prescribed in the Awards identified
in clause 49, Area, Incidence and Duration, of this Award, 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 45,
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.
45. 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 area health services, which provides for a fringe
benefit tax exemption cap of $17,000 per annum. The maximum amount of fringe
benefits-free tax savings that can be achieved under the scheme is where the
value of benefits when grossed-up, equal the fringe benefits exemption cap of
$17,000. Where the grossed-up value exceeds the cap, the employer is liable to
pay fringe benefits tax on the amount in excess of
$17,000 but, will pass this cost on to the employee. The employer’s share of
savings, the combined administration cost and the
value of the package benefits, are deducted from pre-tax dollars.
(v) The parties
agree that the application of the fringe benefits tax exemption status
conferred on public hospitals and area health services is subject to prevailing
Australian taxation laws.
(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 NSW
Health Policy Directive PD2018_044 Salary Packaging, as amended or replaced
from time to time.
(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.
46. Reasonable Hours
(i) Subject
to subclause (ii) the employer may require an employee to work reasonable
overtime at overtime rates.
(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 reasonable 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.
47. 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.
48. 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.
49. 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 second 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 Health Employees Conditions of Employment (State)
Award 2019 published 13 August 2021 (390 I.G. 12) and all variations thereof.
(iii) This Award shall
apply to persons employed in classifications contained 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 Country of Yancowinna.
Health Employees (State) Award 2021
Health Employees General Administrative Staff (State)
Award 2019
Health Employees Administrative Staff (State) Award
2019
Health Employees Technical (State) Award 2019
Health Employees Engineers (State) Award 2019
Health Employees Pharmacists (State) Award 2019
Health Employees Medical Radiation Scientists (State)
Award 2019
Health Employees Computer Staff (State) Award 2019
Health Managers (State) Award 2019
Health Employees Interpreters (State) Award 2019
Public Hospital Residential Services Assistant (State)
Award 2019
NSW Health Service Allied Health Assistants (State)
Award 2019
NSW Health Service Health Professionals (State) Award
2019 in relation to diversional therapists and orthotists/prosthetists only.
(iv) This Award
includes changes made, with effect from 19 April 2018, in respect of cl. 3
(xiii); cl. 12 (vii); and cl. 49 (iii) in consequence of the making of the NSW
Health Service Allied Health Assistants (State) Award 2018.
PART B - MONETARY RATES
Table 1 - Other Rates and Allowances
Item
|
Clause
|
Description
|
Rate
to apply prior to ffppoa
|
Rate
from ffppoa
|
|
|
|
01/07/2021
|
01/07/2021
|
|
|
|
$
|
$
|
1
|
5(iii)
|
Climatic and Isolation
|
|
|
|
|
|
Climatic and Isolation
Allowance -
|
|
4.76
|
4.81
|
|
|
Time and Half Zone
|
|
|
|
2
|
5(iii)
|
Climatic and Isolation
Allowance -
|
|
9.50
|
9.60
|
|
|
Double Zone
|
|
|
|
3
|
7(ii)(a)
|
Board & Lodging
|
|
|
|
|
|
Breakfast
|
|
4.30
|
4.40
|
|
|
Other Meals
|
|
8.20
|
8.40
|
|
|
Maximum one week
|
|
132.40
|
135.10
|
|
7(ii)(b)
|
Separate Room
|
|
61.50
|
62.80
|
|
|
Shared Room
|
|
38.40
|
39.30
|
5
|
10(iii)
|
On Call
|
|
|
|
|
|
On Call - Allowance
|
(per 24 hours)
|
25.82
|
26.35
|
6
|
10(iv)
|
On Call - Allowance -
rostered days off
|
(per 24 hours)
|
50.90
|
51.94
|
7
|
11(v)
|
Broken Shift
|
(per shift)
|
12.70
|
13.00
|
8
|
12(ii)(a)
|
Post-Mortem
|
|
|
|
|
|
Post-mortem
|
(each)
|
12.30
|
12.60
|
|
|
Post-mortem Assistants
|
|
|
|
9
|
12(ii)(b)
|
Assist at each Internal exam
|
|
110.00
|
112.20
|
|
|
Assist at each External exam
|
|
68.30
|
69.70
|
10
|
12(ii)(c)
|
Excluding Post-mortem
Assistants
|
|
|
|
|
|
Assist at each Internal exam
|
|
40.70
|
41.50
|
|
|
Assist at each External exam
|
|
25.40
|
25.90
|
11
|
12(ii)(d)
|
Post-mortem (partly
decomposed/vermin infested)
|
(each)
|
6.58
|
6.71
|
12
|
12(iii)
|
Maintenance
|
|
|
|
|
|
Handling linen-nauseous
nature
|
(per shift)
|
4.73
|
4.83
|
13
|
12(iv)
|
Sorting of Incinerators, etc.
|
(per hour)
|
0.42
|
0.43
|
14
|
12(v)(a)
|
Maintenance and Supervision
|
(per week)
|
12.75
|
13.01
|
15
|
12(v)(b)
|
Offensive work
|
(per week)
|
3.41
|
3.48
|
16
|
12(v)(c)
|
Sewerage chokages,
etc.
|
(per day)
|
see
note **
|
see
note **
|
17
|
12(vi)
|
Wearing of lead apron
|
(per hour)
|
2.09
|
2.13
|
18
|
12(vii)
|
Handling of money
|
(per week)
|
20.70
|
21.10
|
19
|
12(viii)(a)
|
Cold Places
|
(per hour)
|
see
note **
|
see
note **
|
20
|
12(viii)(b)
|
Confined spaces
|
(per hour)
|
see
note **
|
see
note **
|
21
|
12(viii)(c)
|
Dirty Work
|
(per hour)
|
see
note **
|
see
note **
|
22
|
12(viii)(d)
|
Height money
|
(per hour)
|
see
note **
|
see
note **
|
23
|
12(viii)(e)
|
Hot Places 46 degrees - 54
degrees
|
(per hour)
|
see
note **
|
see
note **
|
|
|
Over 54 degrees
|
(per hour)
|
see
note **
|
see
note **
|
24
|
12(viii)(f)(1)
|
Insulation Material
|
(per hour)
|
see
note **
|
see
note **
|
25
|
12(viii)(f)(2)
|
Asbestos
|
(per hour)
|
see
note **
|
see
note **
|
26
|
12(viii)(g)
|
Smoke Boxes
|
(per hour)
|
see
note **
|
see
note **
|
|
|
Oil Fired Smoke Boxes
|
(per hour)
|
see
note **
|
see
note **
|
27
|
12(viii)(h)(1) & (2)
|
Wet Places - other than rain
|
(per hour)
|
see
note **
|
see
note **
|
|
|
Rain
|
(per hour)
|
see
note **
|
see
note **
|
28
|
12(viii)(i)
|
Mud Allowance
|
(per day)
|
see
note**
|
see
note **
|
29
|
12(viii)(j)
|
Acid Furnaces, etc.
|
(per hour)
|
see
note **
|
see
note **
|
30
|
12(viii)(k)
|
Depth money
|
(per hour)
|
see
note **
|
see
note **
|
31
|
12(viii)(l)
|
Bosun's Chair or swinging
scaffold
|
|
|
- first four hours
|
(per hour)
|
see
note **
|
see
note **
|
|
|
- thereafter
|
(per hour)
|
see
note **
|
see
note **
|
32
|
12(viii)(m)
|
Spray application
|
(per hour)
|
see
note **
|
see
note **
|
33
|
12(viii)(n)
|
Roof Work
|
(per hour)
|
see
note **
|
see
note **
|
|
|
- minimum per day
|
(per hour)
|
see
note **
|
see
note **
|
34
|
12(viii)(o)
|
Explosive-powered tools
|
(per day)
|
see
note **
|
see
note **
|
35
|
12(viii)(p)
|
Morgues-other than P.M.
Assist
|
(per hour)
|
see
note **
|
see
note **
|
36
|
12(viii)(q)(I)
|
Toxic, Obnoxious
Substances-Epoxy
|
|
see
note **
|
see
note **
|
|
|
- epoxy materials
|
(per hour)
|
see
note **
|
see
note **
|
37
|
12(viii)(q)(2)
|
Toxic, obnoxious
substances-Air Conditioner
|
|
see
note **
|
see
note **
|
|
|
- not operating
|
(per hour)
|
see
note **
|
see
note **
|
38
|
12(viii)(q)(4)
|
Close
proximity to above
|
(per hour)
|
see
note **
|
see
note **
|
39
|
12(viii)(r)
|
Areas with Psychiatric
patients
|
(per hour)
|
see
note **
|
see
note **
|
40
|
12(viii)(s)
|
Geriatric Allowance
|
|
see
note **
|
see
note **
|
|
|
- Allandale & Garrawarra
|
(per hour)
|
see
note **
|
see
note **
|
|
|
- Lidcombe
|
(per hour)
|
see
note **
|
see
note **
|
41
|
12(viii)(t)
|
Mental Institutions Allowance
|
(per hour)
|
see
note **
|
see
note **
|
42
|
12(viii)(u)
|
Animal House
|
(per hour)
|
see
note **
|
see
note **
|
43
|
12(ix)
|
Tool Allowance
|
(per week)
|
9.36
|
9.55
|
44
|
14(iv)
|
Meals*
|
(each)
|
31.25
|
31.95
|
45
|
23(i)(c)
|
Uniform
|
(per week)
|
4.64
|
4.69
|
|
|
Uniform-with cardigan &
shoes
|
(addit.
per week)
|
1.76
|
1.78
|
46
|
23(i)(d)
|
Uniform - laundering
|
(per week)
|
5.24
|
5.30
|
47
|
32
|
Infectious Cleaning
|
(per shift)
|
6.01
|
6.13
|
48
|
12(xii)
|
Sterilising Certificate
|
(per week)
|
9.46
|
9.65
|
|
|
|
(per day)
|
1.86
|
1.90
|
49
|
13(iv)(b)
|
Excess Fares Cap
|
(per day)
|
5.18
|
5.24
|
*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.
**Allowances payable are determined as per movements
occurring from time to time within the Public Health Service Skilled Trades
(State) Award 2019, as varied or replaced from time to time.
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.