Paramedics and Control Centre Officers (State)
Award 2021
AWARD REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act
1996, and under Rule 6.6 of the Industrial Relations Commission Rules
2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
E.
ROBINSONÂ Industrial Registrar.
Schedule of Award and Variations Incorporated
|
Award/Variation
|
Date of
|
Effective Date
|
Industrial Gazette
|
|
Serial No.
|
Publication
|
|
Vol.
|
Page
|
|
C9495
|
05/08/2022
|
27 May 2022
|
392
|
684
|
1. Title
This Award shall be known as the "Paramedics and
Control Centre Officers (State) Award 2021".
2. Arrangement
Clause No.       Subject Matter
1.       Title
2.       Arrangement
SECTION 1 - GENERAL
3.       Object
4.       Definitions
5.       Classifications
6.       Introduction
of Change
SECTION 2 - EMPLOYMENT CONDITIONS
7.       Employees
Duties
8.       Vacancies
and Promotion
9.       Appointment
of Officers
10.     Termination
of Employment
SECTION 3 - WAGES AND MONETARY ENTITLEMENTS
11.     Wages
12.     Allowances
and Classification Arrangements
13.     Climatic
and Isolation Allowance
14.     Travelling
Time and Expenses
15.     Travelling
on Cases
16.     Relieving
Other Members of Staff
17A.   Special
Events Coverage
17B.   Non-Operational
Activity
18.     Salary
Sacrifice to Superannuation
19.     Salary
Packaging
SECTION 4 - HOURS OF WORK
20.     Hours of
Duty
20A.   Evaluation
and Transition to New Roster Arrangements
20B.   Evaluation
and Transition to Crib Break Arrangements
21.     Allocated
Day Off
22.     Roster of
Hours
23.     Employees
On Call
24.     Overtime
25.     Reasonable
Hours
26.     Time Off in
Lieu of Overtime
27.     Penalty
Rates for Shift Work and Weekend Work
28.     Public
Holidays
SECTION 5 - LEAVE ENTITLEMENTS
29.     Annual
Leave
30.     Annual
Leave Loading
31.     Family and
Community Leave and Personal Carers Leave
31A. Family Violence Leave
32.     Maternity,
Adoption and Parental Leave
32A.   Lactation
Breaks
33.     Study Leave
34.     Trade Union
Leave
35Â Â Â Â Â Â Long
Service Leave
36.     Sick Leave
SECTION 6 - MISCELLANEOUS
37.     Uniforms
38.     Accommodation
39.     Lockers and
Showers
40.     Union
Subscriptions
41.     Union
Notice Boards
SECTION 7 - AWARD PARAMETERS
42.     Issues
Resolution
43.     Anti-Discrimination
44.     Benefits
not to be Withdrawn
45.     Exemptions
46.     No Extra
Claims
47.     Area
Incidence and Duration
SECTION 8 - MONETARY RATES
Table 1A - Wages
Table 1B - Control Centre Staff - Wages
Table 2A - Allowances
Table 2B - Additional Allowances
Table 2C - Living Away from Home Allowance
SECTION 1 - GENERAL
3. Object
The parties seek to achieve excellence in the provision of
ambulance services for New South Wales through an efficient and effective
pre-hospital emergency care and health related transport system.
4. Definitions
"Day Worker" means an employee who works his or
her ordinary hours from Monday to Friday inclusive and who commences work on
such days between 6:00 a.m. and 10:00 a.m. inclusive.
"Employee" means an Officer and/or Control Centre
Officer/Paramedic of the Service who is employed pursuant to this Award.
"Employer" means the Secretary of the Ministry of
Health exercising employer functions on behalf of the Government of New South
Wales (and includes a delegate of the Secretary).
"Modified Hours Roster" means any roster which
arranges the hours of duty of full-time employees in a format other than on an
eight (8) hours per shift basis.
"Officer and/or Control Centre Officer/Paramedic"
means an employee of the Service who is employed pursuant to this Award.
"Service" means continuous service with one or
more District Committees prior to 13 April 1973, and continuous service of the
New South Wales Ambulance Board on and from 13 April 1973, and continuous
service of the Health Commission on and from 1 January 1977 and continuous
service of the Health Administration Corporation on and from 17 August 1982,
and continuous service with the NSW Department of Health on and from 17 March
2006, and continuous service with the Ministry of Health on and from 5 October 2011.
"The Service" means the Ambulance Service of New
South Wales.
"Shift Worker" means an employee who is not a day
worker as defined. "The Ministry" means the Ministry of Health.
"Union" means the Health Services Union NSW and/or
Australian Paramedics Association (NSW).
The "Working Week" for the purpose of this Award,
shall commence on Saturday and finish on Friday.
5. Classifications
(a)Â Â Â Â Â Â Division 1
(i)Â Â Â Â Â Â Trainee Patient
Transport Officer means an employee who is undertaking the necessary and relevant
training and work experience as determined by the Service to become a Patient
Transport Officer and who is appointed to an approved Trainee Patient Transport
Officer position.
This category of employee will be involved in routine
and non-emergency patient transport utilising basic life support skills. Inter
alia, this category of employee will receive training and certification in
occupational health and safety, ambulance first aid, driver training, patient
handling, oxygen administration, equal employment opportunity,
anti-discrimination and anti-harassment.
(ii)Â Â Â Â Â Patient
Transport Officer means an employee who has successfully completed the
necessary and relevant training and work experience as determined by the
Service to become a Patient Transport Officer and who is appointed to an
approved Patient Transport Officer position. Provided that such an employee
shall be required to undertake and successfully complete further
instruction/in-service courses necessary for Patient Transport Officers as
determined by the Service.
This category of employee will be involved in routine
and non-emergency patient transport utilising basic life support skills. This
category of employee will not be utilised to crew ambulances engaged in
emergency/casualty response.
Provided that such an officer shall be required to
undertake and successfully complete further instruction/in service courses and
certification examinations as required by the Service every three years.
The parties agree that this classification will remain
a source of alternative duties for injured officers requiring rehabilitation as
a result of workplace injury.
(b)Â Â Â Â Â Â Division 2
(i)Â Â Â Â Â Â Trainee
Paramedic means an employee who is undertaking the necessary and relevant
training and work experience as determined by the Service to become a Paramedic
Intern and who is appointed to an approved Trainee Paramedic position.
This category of employee will be involved in emergency
and routine patient transport as a second officer utilising emergency and basic
life support skills. Inter alia, this category of employee will receive
training and certification in emergency ambulance care, protocols, procedures
and pharmacology, anatomy and physiology, patient handling, occupational health
and safety, equal employment opportunity, anti-discrimination, anti-harassment
and driver training.
(ii)Â Â Â Â Â Paramedic
Intern means an employee who is undertaking the necessary and relevant training
and work experience as determined by the Service to become a Paramedic and who
is appointed to an approved Paramedic Intern position.
(iii)Â Â Â Â Paramedic means
an employee who has successfully completed the necessary and relevant training
and work experience as determined by the Service to become a Paramedic and who
is appointed to an approved Paramedic position. Provided that such an employee
shall be required to undertake and successfully complete further
instruction/in-service courses necessary for the maintenance of their clinical
certificate to practice and the reissue of their clinical certificate to
practice every three (3) years.
(iv)Â Â Â Â Paramedic
Specialist means an employee who has successfully completed the requirements to
be a Paramedic and who has completed the necessary and relevant training and
work experience as determined by the Service to become a Paramedic Specialist.
Paramedic Specialist will include:
1.       Intensive Care
Paramedic means an employee who has completed the necessary and relevant
training and work experience as determined by the Service to become a Paramedic
Specialist - Intensive Care Paramedic and who is appointed to an approved
Intensive Care Paramedic position.
2.       Extended Care
Paramedic means an employee who has completed the necessary and relevant
training and work experience as determined by the Service to become a Paramedic
Specialist - Extended Care Paramedic and who is appointed to an approved
Extended Care Paramedic position.
3.       Other such
specialist categories as may be developed between the parties.
Provided that such an employee shall be required to
undertake and successfully complete further instruction/in-service courses
necessary for the maintenance of their clinical certificate to practice and the
reissue of their clinical certificate to practice every three years.
(v)Â Â Â Â Â Critical Care Paramedic
(Aeromedical) means an employee who has completed the necessary and relevant
training and work experience as a Paramedic Specialist as determined by the
Service to be a Critical Care Paramedic (Aeromedical) and who is appointed to
an approved Critical Care Paramedic (Aeromedical) position or is working as an
independent Critical Care Paramedic (Aeromedical) on a Critical Care Paramedic
(Aeromedical) roster.
Critical Care Paramedics (Aeromedical) are not entitled
to the Specialist Allowance which is set out in Item 1 of Table 2A - Allowances
of Section 8, Monetary Rates, of this Award.
(vi)Â Â Â Â Critical Care
Paramedic (Aeromedical) Team Leader means an employee who has completed the
requirements for a Critical Care Paramedic (Aeromedical) and who has successfully
completed the requirements for and is appointed to a Critical Care Paramedic
(Aeromedical) Team Leader position identified as such by the Service.
Critical Care Paramedic (Aeromedical) Team Leaders are
not entitled to the Specialist Allowance which is set out in Item 1 of Table 2A
- Allowances of Section 8, Monetary Rates, of this Award.
(vii)Â Â Â Team Leader
(rank insignia will be in accordance with the Service’s Uniform Policy, as
amended or replaced from time to time) means an employee who has successfully
completed the requirements as set out for Paramedic and who has successfully
completed the requirements for and is appointed to a Team Leader position
identified as such by the Service. Provided that such an employee shall be
required to undertake and successfully complete further instruction/in-service
courses necessary for the maintenance of their clinical certificate to practice
and the reissue of their clinical certificate to practice every three years.
(viii)Â Â Station Manager
(rank insignia will be in accordance with the Service’s Uniform Policy, as
amended or replaced from time to time) means an employee who has successfully
completed the requirements as set out for Paramedic and who has successfully
completed the requirements for and is appointed to a Station Manager position
identified as such by the Service. Provided that such an employee shall be
required to undertake and successfully complete further instruction/in-service
courses necessary for the maintenance of their clinical certificate to practice
and the reissue of their clinical certificate to practice every three years.
(ix)Â Â Â Â District Manager
(rank insignia will be in accordance with the Service’s Uniform Policy, as
amended or replaced from time to time) means an employee who has successfully
completed the requirements as set out for a Paramedic and who has successfully
completed the requirements for and is appointed to a District Manager position
identified as such by the Service. Provided that such an officer shall be
required to undertake and successfully complete further instruction/in service
courses and certification examinations as required by the Service every three
years.
(x)Â Â Â Â Â Ambulance
Clinical Educator (rank insignia will be in accordance with the Service’s
Uniform Policy, as amended or replaced from time to time) means an employee who
has successfully completed the requirements for and is appointed to an
Ambulance Clinical Educator position identified as such by the Service.
This category of employee will be principally involved
in the Clinical Science theory and clinical education of employees utilising
advanced educational and management skills.
This category of employee will be principally involved
with Clinical Science theory and paramedical, competency based education and
training programs, will be required to give advice about and be responsible for
the development of clinical science based curricula, adult education and
education modalities and will be required to give advice to employees regarding
course content, course progression and learning techniques. The Clinical
Educator is also required to manage clinical and paramedical education courses
and programs.
Clinical Educators not holding a certificate to
practice shall be required to undertake and successfully complete further
instruction/in-service courses as required by the Service.
Clinical Educators who are eligible for and who wish to
maintain a certificate to practice shall be required to undertake and
successfully complete further instruction/in-service courses necessary for the
maintenance of their certificate to practice and the reissue of their
certificate to practice every three years.
(xi)Â Â Â Â Ambulance
Paramedic Educator means an employee who has successfully completed the
requirements for and is appointed to an Ambulance Paramedic Educator position
identified as such by the Service.
This category of employee will be principally involved
theoretical and paramedical, competency based education and training programs,
will be required to give advice about and be responsible for the development of
paramedical based curricula, adult education and education modalities and will
be required to give advice to employees regarding course content, course
progression and learning techniques. The Paramedic Educator is also required to
manage paramedical education courses and programs.
Provided that such an employee shall be required to
undertake and successfully complete further instruction/in-service courses
necessary for the maintenance of their certificate to practice and the reissue
of their certificate to practice every three years.
(xii)Â Â Â Ambulance
Clinical Training Officer means an employee who has successfully completed the
requirements for and is appointed to an Ambulance Clinical Training Officer
position identified as such by the Service.
This category of employee will be principally involved
in the provision of training on an individual or small group basis in the local
area and primarily would rely on training material developed on a central basis
with project input by some or all of the Clinical and Paramedic Training
Officers.
The Clinical Training Officer is responsible for the
planning, delivery and evaluation of education and training programs for
operational staff, including Trainee Paramedics, Paramedics and Patient
Transport Officers that are consistent with National Competency Standards and
the Service's policies and procedures.
Provided that such an employee shall be required to
undertake and successfully complete further instruction/in-service courses
necessary for the maintenance of their certificate to practice and the reissue
of their certificate to practice every three years.
(xiii)Â Â Control Centre
(Standby) Allowance means the allowance paid to Paramedic, Paramedic
Specialist, Team Leader, Station Manager or District Manager who has completed
the training required by the Service and may be reasonably required by the
Service to undertake the duties of an Ambulance Control Centre Officer, Duty
Control Centre Officer and/or a Senior Control Centre Officer.
The allowance as set out in Item 2 of Table 2B -
Additional Allowances of Section 8, Monetary Rates, shall be regarded as part
of the salary for all purposes of this Award.
(xiv)Â Â Rescue (Standby)
Allowance means the allowance paid to a Paramedic, Paramedic Specialist, Team
Leader, Station Manager or District Manager who has completed the training
required by the Service and may be reasonably required by the Service to be
rostered to an accredited Ambulance Rescue Unit.
The allowance as set out in Item 2 of Table 2A -
Allowances of Section 8, Monetary Rates, shall be regarded as part of the
salary for all purposes of this Award.
(xv)Â Â Â Specialist
Allowance is paid to an employee who has successfully completed the
requirements for and is appointed by the Service to an identified Specialist
position of Special Casualty Access Team (SCAT), Special Operations Team (SOT),
Rescue and/or other specialties as agreed to by the parties. Provided that such
an employee shall be required to undertake and successfully complete further
instruction/in service courses and certification examinations as required by
the Service every three years.
The allowance as set out in Item 1 of Table 2A -
Allowances of Section 8, Monetary Rates, shall be regarded as part of the
salary for all purposes of this Award.
(xvi)Â Â Trainee Ambulance
Control Centre Officer means an employee who is required to undertake and
successfully complete the requirements for appointment to an Ambulance Control
Centre Officer position identified as such by the Service.
This category of employee will be involved in the
dispatch and movement of emergency and non- emergency ambulances utilising the
Service’s Computer Aided Dispatch and Telecommunication systems. Inter alia
this category of employee will receive training and certification by the
Service in Occupational Health and Safety, Ambulance First Aid, Medical
Terminology, Computer Aided Dispatch and Telecommunications Systems, Computer
mapping, emergency vehicle movement coordination, Equal Employment Opportunity,
Anti-Discrimination and Anti-Harassment.
Paramedic Interns, Paramedics, Paramedic Specialists,
Team Leaders, Station Managers, and District Managers are to be paid in
addition to their current wage, the Control Centre Allowance as set out in Item
2 of Table 2B - Additional Allowances of Section 8, Monetary Rates.
(xvii)Â Ambulance Control
Centre Officer means an employee who has successfully completed the
requirements as set out for Trainee Ambulance Control Centre Officer and who is
appointed to an Ambulance Control Centre Officer position identified as such by
the Service.
This category of employee will be involved in the
dispatch and movement of emergency and non- emergency ambulances utilising the
Service’s Computer Aided Dispatch and Telecommunication systems.
Provided that such an officer shall be required to
undertake and successfully complete further instruction/in service courses and
certification examinations as required by the Service every three years. The
parties agree that this classification will remain a source of alternative
duties for injured officers requiring short term rehabilitation as a result of
a workplace injury in which case they will need to be provided with training
and successfully complete the requirements set out for a Trainee Ambulance
Control Centre Officer.
(xviii) Ambulance Control
Centre Officer - Paramedic and Paramedic Specialist
Paramedics, Paramedic Specialists, Team Leaders,
Station Managers and District Managers who are permanently appointed to
positions of Ambulance Control Centre Officer are to be paid up to the maximum
rate applicable for a Paramedic Specialist and are to be paid, in addition to
their wages and allowances, the Control Centre Allowance as set out in Item 2
of Table 2B - Additional Allowances of Section 8, Monetary Rates. This
allowance is only applicable to Paramedics, Paramedic Specialists, Station
Managers and District Managers for the time in which Control Centre activities
are undertaken.)
(xix)Â Â Ambulance Control
Centre Officer - Non-Paramedic
Non paramedic officers are paid at the rates specified
in Table 1B - Control Centre Staff - Wages of Section 8, Monetary Rates.
(xx)Â Â Â Duty Control
Centre Officer means an employee who has successfully completed the requirements
as set out for an Ambulance Control Centre Officer and who has successfully
completed the requirements for and is appointed to a Duty Control Centre
Officer position identified as such by the Service.
Â
This category of employee will be involved in the
dispatch and movement of emergency and non-emergency ambulances utilising the
Service’s Computer Aided Dispatch and Telecommunication systems utilising
management skills.
Â
This category of employee will be required to give
advice regarding emergency and non-emergency ambulance care and may be required
to be involved in emergency and routine patient transport utilising management
skills in addition to emergency and basic life support skills.
Provided that such an officer shall be required to
undertake and successfully complete further instruction/in service courses and
certification examinations as required by the Service every 3 years.
(xxi)Â Â Duty Control
Centre Officer - Paramedic
Paramedic officers are paid at the rates specified in
Table 1B - Control Centre Staff - Wages of Section 8, Monetary Rates.
Â
(xxii)Â Duty Control
Centre Officer - Non-Paramedic
Â
Non paramedic officers are paid at the rates specified
in Table 1B - Control Centre Staff - Wages of Section 8, Monetary Rates.
Â
(xxiii) Senior Control
Centre Officer means an employee who has successfully completed the
requirements as set out for a Paramedic and who has successfully completed the
requirements for and is appointed to a Senior Control Centre Officer position
identified as such by the Service.
Â
This category of employee will be involved in the
dispatch and movement of emergency and non- emergency ambulances utilising the
Service’s Computer Aided Dispatch and Telecommunication systems utilising
management skills.
Â
This category of employee will be required to give
advice regarding emergency and non-emergency ambulance care and may be required
to be involved in emergency and routine patient transport utilising management
skills in addition to emergency and basic life support skills.
Provided that such an officer shall be required to
undertake and successfully complete further instruction/in service courses and
certification examinations as required by the Service every 3 years.
Â
(xxiv) Aeromedical
Control Centre Officer means an employee who has successfully completed the
requirements for and is appointed to an Aeromedical Control Centre Officer
position identified as such by the Service. Provided that such an officer shall
be required to undertake and successfully complete further instruction/in
service courses and certification examinations as required by the Service every
3 years.
6. Introduction of
Change
Any proposal that will significantly affect employees
covered by the Award will be the subject of genuine consultation between the
parties.
Should such a change lead to an expanded scope of practice
for any classification or group of employees covered by this Award, the parties
agree to discuss the impact of this on the classification structure.
SECTION 2 - EMPLOYMENT CONDITIONS
7. Employees’ Duties
(a)Â Â Â Â Â Â The Service may
direct an employee to carry out such duties as are reasonable, and within the
limits of the employee’s skills, competence and training consistent with the
employee’s classification, provided that such duties are not designed to
promote de-skilling.
(b)Â Â Â Â Â Â The Service may
direct an employee to carry out such duties and use such tools and equipment as
may be required, provided that the employee has been properly trained and is
currently certified in the use of such tools and equipment.
(c)Â Â Â Â Â Â Any direction
issued by the Service pursuant to subclause (a) and (b) of this clause shall be
consistent with the Service’s duties to provide a safe and healthy working
environment.
(d)Â Â Â Â Â Â The application
of subclause (a) of this clause shall be undertaken in a fair, reasonable and
sensible manner.
8. Vacancies and
Promotion
(a)Â Â Â Â Â Â Advertisement
of vacant positions shall be notified throughout the Service by regular vacancy
circulars distributed via the Service Intranet.
(b)Â Â Â Â Â Â Appointments
shall be made on the basis of merit.
(c)Â Â Â Â Â Â The vacancy
shall be filled from applications received, provided that the Service can re-
advertise the position if necessary.
(d)Â Â Â Â Â Â Subclauses (a),
(b), and (c) are overruled to the extent necessary for the implementation of
the Ambulance Service’s lateral transfer policy. Any changes to this policy
will be the subject of consultation.
(e)Â Â Â Â Â Â Remote
Incentive Initiative: Employees may be granted incentives pursuant to such
terms and conditions prescribed in NSW Health’s IB2017_038 ‘Rural and Remote
Incentive Scheme’ as amended or replaced from time to time. Any change or
variation to the terms and conditions contained in this Information Bulletin
will be the subject of consultation. Further, unless agreed between the parties
to this award, termination of this incentive scheme will not occur prior to the
expiration of this award.
9. Appointment of
Officers
(a)Â Â Â Â Â Â All employees
appointed, excepting Trainee Patient Transport Officers, shall be appointed on
probation for a period of twelve months from the date of their appointment or
re-appointment to the Service. For Trainee Patient Transport Officers, the
period of probation will be six months from the date of appointment or
re-appointment to the Service.
(b)Â Â Â Â Â Â An employee
engaged under this Award shall be engaged as a permanent full-time, permanent
part-time, temporary full-time, temporary part-time, or casual.
(c)Â Â Â Â Â Â Every employee
will be provided with a position description as developed between the parties
commensurate with their position, which he or she will be required to sign.
(d)Â Â Â Â Â Â Permanent
Full-Time Employee
(i)Â Â Â Â Â Â A permanent
full-time employee is a permanent employee who is required to work an average
of 38 hours per week in accordance with clause 20, Hours of Duty.
(e)Â Â Â Â Â Â Permanent
Part-Time Employee
(i)Â Â Â Â Â Â A permanent
part-time employee is permanently appointed by the Service to work a specified
number of hours per week, which are less than the full-time hours prescribed in
clause 20, Hours of Duty.
(ii)Â Â Â Â Â A permanent
full-time employee may also work as a permanent part-time employee for an
approved specified period of time e.g. 12 months. The parties recognise that
permanent part-time employment will provide flexible working arrangements for
employees to cater for personal requirements such as family responsibilities.
At the conclusion of the approved specified period of time, the employee will
revert to their permanent full-time status.
(iii)Â Â Â Â Permanent
part-time employees shall work in accordance with rosters exhibited in each
station at least 7 days in advance of the commencing date of the roster and
shall show the hours of duty for the agreed roster period or 28 days, whichever
is the greater.
(iv)Â Â Â Â Permanent
part-time employees shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the rate prescribed in Table 1A - Wages or Table 1B - Control
Centre Staff - Wages of Section 8, Monetary Rates, with a minimum payment of
two hours for each start.
(v)Â Â Â Â Â Permanent
part-time employees shall be entitled to payment of the allowances prescribed
by clause 13, Climatic and Isolation Allowance, in the same proportion as the
actual hours worked per week bear to full-time hours.
(vi)Â Â Â Â Employees
engaged under this clause shall not be entitled to allocated days off as
prescribed in clause 21, Allocated Days Off.
(vii)Â Â Â Employees
engaged under this clause shall be entitled to all other benefits not otherwise
expressly provided for herein at the same proportion as their actual hours of
work bear to full-time hours.
(viii)Â Â All time worked
by permanent part-time employees in excess of the rostered daily ordinary hours
of work prescribed for the majority of full-time employees on that shift in the
unit or section concerned shall be paid for at the rate of time and one-half
for the first two hours and double time thereafter.
(ix)Â Â Â Â Time worked up
to the rostered daily ordinary hours of work prescribed for a majority of the
full-time employees employed on that shift in the unit or section concerned
shall not be regarded as overtime but an extension of the contract hours for
that day and shall be paid at the ordinary rate of pay.
(x)Â Â Â Â Â Permanent
part-time employees will be required to undertake and successfully complete all
the requirements applicable to permanent full-time employees as defined in
clause 5, Classifications.
(f)Â Â Â Â Â Â Temporary
Employee
(i)Â Â Â Â Â Â A temporary
employee is engaged for a continuous fixed period of time. The duties may
include the provision of relief for permanent employees, conduct of specific projects
or the provision of services which are not recurrent in nature.
(ii)Â Â Â Â Â A temporary
employee may be full-time or part-time.
(iii)Â Â Â Â A temporary
employee shall be paid for the number of hours worked each week on an hourly
rate calculated at the same hourly rate as prescribed for a full-time employee
in the same classification plus 10 per cent loading. The loading shall not
apply if:
1.       The period of
employment extends beyond 13 weeks
2.       The employer
and the employee agree, during the 13 weeks, that the employee will be employed
on a permanent basis.
(iv)Â Â Â Â A temporary
employee shall be entitled to a minimum payment of 2 hours for each start.
Time worked up to the rostered daily ordinary hours of
work prescribed for a majority of the full-time employees employed on that
shift in the station, unit or section concerned shall not be regarded as
overtime but an extension of the contract hours for that day and shall be paid
at the ordinary rate of pay.
(v)Â Â Â Â Â Temporary
employees will be required to undertake and successfully complete all the
requirements applicable to permanent full-time employees as defined in clause
5, Classifications.
(g)Â Â Â Â Â Â Casual Employee
(i)Â Â Â Â Â Â A casual
employee is engaged on an hourly basis for a short period of time. The nature
of the work performed would be irregular, intermittent, urgent or short term.
However, employees will be allocated sufficient hours of work required to
maintain a certificate to practice.
(ii)Â Â Â Â Â Time worked up
to the rostered daily ordinary hours of work prescribed for a majority of the
full-time employees employed on that shift in the station, unit or section
concerned shall not be regarded as overtime but an extension of the contract
hours for that day and shall be paid at the ordinary rate of pay.
(iii)Â Â Â Â Casual
employees will be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed for the appropriate
classification in clause 5, Classifications, plus 10% loading with a minimum
payment of two hours for each start. This loading is in recognition of the
casual nature of the work and the leave entitlements forgone. Annual leave
entitlements are in accordance with the Annual Holidays Act 1944, as
amended or replaced from time to time.
(iv)Â Â Â Â Casual employees
will be required to undertake and successfully complete all the requirements
applicable to permanent full-time employees as defined in clause 5,
Classifications.
(h)Â Â Â Â Â Â Secure
Employment
Objective of this Clause
The objective of this clause is for the Service to take
all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the workforce, in particular by
ensuring that casual employees have an opportunity to elect to become fulltime
or part-time employees.
Casual Conversion
(i)Â Â Â Â Â Â A casual
employee engaged by the Service on a regular and systematic basis for a
sequence of periods of employment under this Award during a calendar period of
six months shall thereafter have the right to elect to have his or her ongoing
contract of employment converted to permanent full-time employment or part-time
employment if the employment is to continue beyond the conversion process
prescribed by this subclause.
(ii)Â Â Â Â Â The Service
shall give such a casual employee notice in writing of the provisions of this
sub-clause within four weeks of the employee having attained such period of six
months. However, the employee retains his or her right of election under this
subclause if the Service fails to comply with this notice requirement.
(iii)Â Â Â Â Any casual
employee who has a right to elect under subclause (h)(i) of this clause, upon
receiving notice of said subclause (h)(ii) or after the expiry of the time for
giving such notice, may give four weeks’ notice in writing to the Service that
he or she seeks to elect to convert his or her ongoing contract of employment
to full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the Service shall consent to or refuse the election,
but shall not unreasonably so refuse. Where the Service refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(iv)Â Â Â Â Any casual
employee who does not, within four weeks of receiving written notice from the
Service, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v)Â Â Â Â Â Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the Service.
(vi)Â Â Â Â If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (h)(iii) of this
clause, the Service and employee shall, in accordance with this subclause, and
subject to said paragraph (h)(iii), discuss and agree upon:
a.        whether the
employee will convert to full-time or part-time employment; and
b.       if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this Award or pursuant to a part-time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part- time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
Service and the employee.
(vii)Â Â Â Following an
agreement being reached pursuant to paragraph (vi) of this subclause, the
employee shall convert to full-time or part-time employment. If there is any
dispute about the arrangements to apply to an employee converting from casual
employment to full-time or part-time employment, it shall be dealt with as far
as practicable and with expedition through the disputes settlement procedure.
(viii)Â Â An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
10. Termination of
Employment
(a)Â Â Â Â Â Â Employment
shall be terminated by two weeks’ notice in writing by either party or by the
giving or forfeiting, as the case may be, of two weeks’ wages in lieu of
notice.
(b)
(i)Â Â Â Â Â Â Employees with
a credit of hours accrued towards an allocated day(s) off duty as prescribed in
clause 21, Allocated Days Off, shall be paid for such accrual upon termination.
(ii)Â Â Â Â Â Employees with
a credit of hours accrued as a result of working a roster in accordance with
subclause (a) of clause 20, Hours of Duty, shall be paid for such accrual upon
termination.
(iii)Â Â Â Â Employees with
a debit of hours accrued as a result of working a roster in accordance with
subclause (a) of clause 20, Hours of Duty, shall reimburse the Service for such
accrual upon termination.
(iv)Â Â Â Â Employees with a
credit of hours accrued as a result of opting for time off in lieu of overtime
in accordance with subclause (a) of clause 26, Time Off in Lieu of Overtime,
shall be paid for such accrual upon termination at the appropriate overtime
rate based on the rate of pay applying at the time of termination.
(c)Â Â Â Â Â Â The Service
shall, upon request by the employee, give the employee a signed statement
outlining the period of employment.
SECTION 3 - WAGES AND MONETARY ENTITLEMENTS
11. Wages
(a)Â Â Â Â Â Â Employees shall
not be paid less than the minimum wages for their classification as set out in
Table 1A - Wages and Table 1B - Control Centre Staff - Wages Section 8,
Monetary Rates.
(b)Â Â Â Â Â Â Wages shall be
paid fortnightly by electronic transfer.
(c)Â Â Â Â Â Â For each pay
day, employees shall be furnished with a statement showing the gross amount of
ordinary wages and overtime, together with separate details of all deductions.
(d)Â Â Â Â Â Â Overtime and
penalty rates shall be paid within one week of the end of the pay period in
which such overtime or penalty rates were worked.
(e)Â Â Â Â Â Â Employees shall
have their salary paid into one account with a bank or other financial
institution in New South Wales, as nominated by the employee, except where
agreement as to another method of payment has been reached between the Unions
and the Service due to the isolation of an ambulance station. Salaries shall be
deposited by the employer in sufficient time to ensure that wages are available
for withdrawal by employees no later than pay day; provided that this
requirement shall not apply where employees nominate accounts of 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.
12. Allowance and
Classification Arrangements
(a)Â Â Â Â Â Â An employee who
is paid an allowance or at a classification, for which there is a certification
or qualification requirement, will cease to have an entitlement to such payment
if the employee:
(i)Â Â Â Â Â Â Fails to
successfully complete further instruction/in service courses and/or
certification examinations as required by the Service every three years or;
(ii)Â Â Â Â Â Elects not to
undertake further instruction/in service courses and/or certification
examinations as required by the Service every three years.
(iii)Â Â Â Â Applies for and
obtains a transfer to a position which is not a nominated position requiring
such skills.
(b)Â Â Â Â Â Â Payment of
shift penalties and other work related allowances or payments to employees
subject to misconduct/disciplinary inquiries will be made on the terms and
conditions prescribed by the NSW Health Policy Directive PD2018_031, Managing
Misconduct, as amended or replaced from time to time.
13. Climatic and
Isolation Allowance
(a)Â Â Â Â Â Â Subject to
subclause (b) of this clause, employees attached to ambulance stations situated
upon or to the west of a line drawn as herein specified, shall be paid the allowance
specified in Item 6 of Table 2A - Allowances of Section 8, Monetary Rates, in
addition to the salary to which they are otherwise entitled. The line shall be
drawn as follows, viz:
Commencing at Tocumwal and thence to the following
towns in the order stated, namely - Lockhart, Narrandera, Leeton, Peak Hill,
Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.
(b)Â Â Â Â Â Â Employees
attached to ambulance stations situated upon or to the west of a line drawn as
herein specified shall be paid the allowance asset out in Item 7 of the said
Table 2A - Allowances of Section 8, Monetary Rates, in addition to the salary
to which they are otherwise entitled. The line shall be drawn as follows, viz:
Commencing at a point on the right bank of the Murray
River opposite Swan Hill (Victoria) and thence to the following towns in the
order stated namely - Hay, Hillston, Nyngan, Walgett, Collarenebri and
Mungindi.
(c)Â Â Â Â Â Â The allowances
prescribed by this clause are not cumulative.
(d)Â Â Â Â Â Â 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.
14. Travelling Time
and Expenses
(a)Â Â Â Â Â Â Except where
subclause (c) of clause 16, Relieving Other Members of Staff, an employee who
is directed to report for duty at a station other than that to which he or she
is appointed shall travel to and from such station in the Service’s time and
the employee’s fares and incidental expenses shall be paid by the Service,
unless otherwise agreed between the Service and the employee.
If such travel is undertaken outside rostered hours,
the employee shall be reimbursed at ordinary rates for the time spent
travelling in excess of the normal time taken to travel between his or her home
and the station to which he or she is appointed.
(b)Â Â Â Â Â Â If an employee
is rostered to a shift requiring him or her to work at more than one station in
a working week, the employee’s fares in excess of the fares to the employee’s
appointed station shall be paid in full.
(c)Â Â Â Â Â Â Where an
employee, with the prior approval of the Service, travels by the employee’s own
motor vehicle, the employee shall be paid the same casual rate that applies to
those covered by the Crown Employees Public Service Conditions of Employment
Award, as amended or replaced from time to time (currently prescribed by the
Department of Premier and Cabinet Circular C2021-03 Meal, Travelling and Other
Allowances for 2020-21)for all kilometres travelled in excess of the kilometres
that the employee would normally travel between the employee’s usual place of
residence and the ambulance station to which he or she is appointed and return
to such residence.
(d)Â Â Â Â Â Â Travel, either
by public transport or own mode of conveyance, shall in all instances be by the
most direct route.
15. Travelling on
Cases
(a)Â Â Â Â Â Â Where an
employee is required to transport a case which involves eight hours or more
travelling, the employee shall be paid all travelling expenses including meals
and accommodation and, if not staying overnight at the point of turn around,
shall be permitted a meal either before commencing or during the return
journey.
(b)Â Â Â Â Â Â An employee
directed to have a meal away from his or her station will be paid a crib/ meal
away from station allowance in accordance with existing provisions and
practice. In determining existing practice, in regard to the following:
(i)Â Â Â Â Â Â That allowances
do not apply to crib breaks taken by Trainee Patient Transport Officers and
Patient Transport Officers.
(ii)Â Â Â Â Â The agreement
between the parties in 1988 under the Commission’s then Structural Efficiency
Principle.
(iii)Â Â Â Â That this
provision does not apply to employees in Control Centres.
(c)Â Â Â Â Â Â Where an
entitlement exists in (b), the quantum of the allowance is prescribed in Table
2A - Allowances of Section 8, Monetary Rates.
(i)Â Â Â Â Â Â Where an
employee is entitled to one crib break per shift or an unpaid meal break (under
the transitional arrangements in clause 20A, Evaluation and Transition To New
Roster Arrangements and clause 20B, Evaluation and Transition To Crib Break
Arrangements), the payment for any crib/meal directed to be taken away from
station will be the rate prescribed at Item 9 of Table 2A - Allowances of
Section 8, Monetary Rates.
(ii)Â Â Â Â Â Where an
employee is entitled to two crib breaks per shift, the payment for any crib
directed to be taken away from station will be the lower rate as prescribed at
Item 10 of Table 2A - Allowances of Section 8, Monetary Rates. The number of
crib breaks per shift is prescribed in clause 20, Hours of Duty.
(d)Â Â Â Â Â Â The provisions
of this clause will be reviewed by the Commission in conjunction with the
review of rosters and crib breaks to be undertaken in accordance with clause
20A, Evaluation and Transition to New Roster Arrangements, and clause 20B,
Evaluation and Transition to Crib Break Arrangements - Sydney and Central
Coast.
(e)Â Â Â Â Â Â Where an
employee is required to transport a case which involves two or more hours
travelling the employee shall be entitled to a paid break of ten minutes
duration each two hours.
(f)Â Â Â Â Â Â The ten-minute
break prescribed by subclause (e) of this clause is not cumulative.
(g)Â Â Â Â Â Â No single
officer transports will be allocated where it is reasonably expected that the
travelling time of the round trip will be in excess of eight hours.
16. Relieving Other
Members of Staff
(a)Â Â Â Â Â Â An employee
called upon to relieve another employee paid on a higher scale shall be
entitled to receive the minimum rate of the higher scale of pay. This provision
shall not apply when an employee on a higher scale is absent from duty by
reason of his or her allocated day off duty as a consequence of working a
38-hour week in accordance with paragraph (a)(i) of clause 21, Allocated Days
Off. No reduction shall be made in the scale of pay of an employee called upon
to relieve another paid on a lower scale. Where an employee is called upon to
relieve a Superintendent/Operations Manager, he/she shall be paid the minimum
rate of the position so relieved.
(b)Â Â Â Â Â Â When an
employee is required to relieve another employee posted at another station, and
by so doing is required to live away from home, he or she shall be called a
relieving employee.
(c)Â Â Â Â Â Â A relieving
employee will be entitled to a living away from home allowance as set out in
Table 2C - Living Away From Home Allowance of Section 8, Monetary Rates. The
living away from home allowance is determined as the sum of the meal expenses
on one day journeys and the incidental allowance for the location the relieving
employee is posted, as the same rate that is applicable for those covered by
the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009, as amended from time to time (currently prescribed by the Department of
Premier and Cabinet Circular C2021-03 Meal, Travelling and Other Allowances for
2020-21).
A relieving employee who is entitled to receive the
living away from home allowance is not entitled to receive payment under
subclause (a) of clause 15, Travelling on Cases. When travelling on cases in
accordance with clause 15, Travelling on Cases, relieving employees shall be
entitled to allowances under subclause (b) or (c) of that clause where
applicable.
A relieving employee who is provided with board and
lodgings at no charge will not be entitled to receive the living away from home
allowance.
(d)Â Â Â Â Â Â If
accommodation at no charge is not available to the relieving employee,
accommodation costs will be met by the Service directly with the provider. In
the unusual circumstance that the employee pays the cost of the accommodation
they will be entitled to the reimbursement of accommodation expenses as per the
NSW Health Policy Directive PD2016_010, Official Travel, as amended or replaced
from time to time.
(e)Â Â Â Â Â Â If the
relieving employee is required to be on call, he or she shall be paid, in
addition to the aforementioned amount, the amount specified in clause 23,
Employees On Call.
(f)Â Â Â Â Â Â The Service
shall decide whether an employee travels to or from their relief duties in
rostered hours. If the travel is to be accomplished outside rostered hours, the
employee shall be reimbursed at ordinary rates for the time spent travelling in
excess of the normal time taken to travel between his or her home and the
station to which he or she is appointed.
17A. Special Events
Coverage
(a)Â Â Â Â Â Â Employees will
not be compelled to provide special events coverage.
(b)Â Â Â Â Â Â Whilst there is
no exhaustive list of all the requirements for which the Service may wish to
utilise "special events coverage", the parties agree that such
requirement would typically be for special events and sporting fixtures such as
public holiday celebrations, athletic events, Mardi Gras, local shows, VIP
visits, sporting events, disaster exercises, public relations activities and
local expositions. This clause will not be used for training, including SCAT,
SOT and rescue training.
(c)Â Â Â Â Â Â An employee who
is scheduled to provide special events coverage will be compensated by payment
at his or her ordinary hourly rate for the hours worked plus the appropriate
penalty rates prescribed in clause 27, Penalty Rates for Shift Work and Weekend
Work, in lieu of payment at overtime rates.
(d)Â Â Â Â Â Â Special events
coverage shifts shall be between four and 12 hours in duration with a minimum
payment of two hours in the event of cancellation on the day.
For the purposes of assessing an employee’s eligibility
for payment, each day shall stand alone.
(e)Â Â Â Â Â Â Time worked as
special events coverage shall stand alone and shall not be regarded as time
worked for the calculation of hours of duty, annual leave, long service leave
or any other provision contained within this Award.
(f)Â Â Â Â Â Â There shall be
an equitable distribution (between employees) of special events coverage both
in terms of the allocation of work amongst those employees offering their
services and in terms of Saturday and Sunday work.
17B. Non-Operational
Activity
(a)Â Â Â Â Â Â Employees will
not be compelled to provide non-operational activity coverage.
(b)Â Â Â Â Â Â Whilst there is
no exhaustive list of all activities that may be regarded as
"non-operational activities", the parties agree that examples of such
activities would be: attendance at Divisional Clinical Quality Committees; Work
Health and Safety Committee; attendance for members of Service approved
committees/workgroups and representing the Service at authorised community or local
Government meetings where attendance of duty personnel is not possible.
(c)Â Â Â Â Â Â Non-operational
activity does not include attendance at training schools, compliance with
Certificate to Practice (CTP) activities/requirements nor union activities.
(d)Â Â Â Â Â Â Employees who
participate in non-operational activities will be compensated by payment at
their ordinary hourly rate for the hours worked. In addition, employees will be
paid two hours for travel time (covering travel to and from the activity). In
the case of rural employees, specific approval for the quantum of travel time
will be agreed prior to approval being finalised. Accumulation of hours worked
in these activities is not allowed. Payment for the approved activities will be
made in the next available pay period.
(e)Â Â Â Â Â Â Time worked as
non-operational activity(s) shall stand alone and shall not be regarded as time
worked for the calculation of hours of duty, annual leave, long service leave
or any other provision contained within this Award.
18. Salary Sacrifice
to Superannuation
(a)Â Â Â Â Â Â Notwithstanding
the salaries prescribed in Table 1A - Wages and Table 1B - Control Centre Staff
- Wages of Section 8, Monetary Rates, as varied from time to time, an employee
may elect, subject to the agreement of the employee’s employer, to sacrifice a
part or all of the salary payable under the wages clause to additional employer
superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed together with any salary packaging arrangements under clause 19,
Salary Packaging, of this Award may be made up to one hundred per cent of the
salary payable under the wages clause, or up to one hundred per cent of the
currently applicable superannuable salary, whichever is the lesser.
In this clause, ‘superannuable salary’ means the
employee’s salary as notified from time to time to the New South Wales public
sector superannuation trustee corporations.
(b)Â Â Â Â Â Â 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.
(c)Â Â Â Â Â Â Where the
employee has elected to sacrifice a part or all of the available payable salary
to additional employer superannuation contributions:
(i)Â Â Â Â Â Â The employee
shall be provided with a copy of the signed agreement. The salary sacrifice
agreement shall be terminated at any time at the employee’s election and shall
cease upon termination of the employee’s services with the employer.
(ii)Â Â Â Â Â Subject to
Australian taxation law, the amount of salary sacrificed will reduce the salary
subject to appropriate PAYE taxation deductions by the amount sacrificed; and
(iii)Â Â Â Â Any allowance,
penalty rate, overtime, payment for unused leave entitlements, weekly workers’
compensation, or other payment, other than any payment for leave taken in
service, to which an employee is entitled under the relevant Award or any
applicable Award, Act, or statute which is expressed to be determined by
reference to an employee’s salary, shall be calculated by reference to the salary
which would have applied to the employee under the salaries clause in the
absence of any salary sacrifice to superannuation made under this Award.
(d)Â Â Â Â Â Â The employee
may elect to have the specified amount of payable salary which is sacrificed to
additional employer superannuation contributions:
(i)Â Â Â Â Â Â paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions; or
(ii)Â Â Â Â Â subject to the
employer’s agreement, paid into a private sector complying superannuation
scheme as employer superannuation contributions.
(e)Â Â Â Â Â Â Where an
employee elects to salary sacrifice in terms of subclause (d) above, the
employer will pay the sacrificed amount into the relevant superannuation fund.
(f)Â Â Â Â Â Â Where the employee
is a member of a superannuation scheme established under:
(i)Â Â Â Â Â Â the Police
Regulation (Superannuation) Act 1906;
(ii)Â Â Â Â Â the Superannuation
Act 1916;
(iii)Â Â Â Â the State
Authorities Superannuation Act 1987;
(iv)Â Â Â Â the State
Authorities Non-contributory Superannuation Act 1987; or
(v)Â Â Â Â Â the First
State Superannuation Act 1992.
The employee’s employer must ensure that the amount of
any additional employer superannuation contributions specified in subclause (a)
above is included in the employee’s superannuable salary which is notified to
the New South Wales public sector superannuation trustee corporations.
(g)Â Â Â Â Â Â 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 (f) above, the employer will
continue to base contributions to that fund on the salary payable under clause
11, Wages, 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.
19. Salary Packaging
(a)Â Â Â Â Â Â 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 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 subclause (d) below.
(b)Â Â Â Â Â Â Where an
employee elects to package an amount of salary:
(i)Â Â Â Â Â Â Subject to
Australian taxation law, the packaged amount of salary will reduce the salary
subject to PAYE taxation deductions by that packaged amount.
(ii)Â Â Â Â Â Any allowance,
penalty rate, overtime payment, payment for unused leave entitlements, weekly
workers compensation, or other payment other than any payment for leave taken
in service, to which an employee is entitled under this Award or statute which
is expressed to be determined by reference to an employee’s salary, shall be
calculated by reference to the salary which would have applied to the employee
under this Award in the absence of any salary packaging or salary sacrificing
made under this Award.
(iii)    ‘Salary’ for
the purpose of this clause, for superannuation purposes, and for the
calculation of Award entitlements, shall mean the Award salary as specified in
clause 11, Wages and which shall include ‘approved employment benefits’ which
refer to fringe benefit savings, administration costs, and the value of
packaged benefits.
(c)Â Â Â Â Â Â Any pre-tax and
post-tax payroll deductions must be taken into account prior to determining the
amount of available salary to be packaged. Such payroll deductions may include
but are not limited to superannuation payments, HECS payments, child support
payments, judgement debtor/garnishee orders, union fees, and private health
fund membership fees.
(d)Â Â Â Â Â Â The salary
packaging scheme utilises a fringe benefit taxation exemption status conferred
on public hospitals and local health districts, which provides for a fringe
benefit tax exemption cap of $17,000 per annum. The maximum amount of fringe
benefits-free tax savings that can be achieved under the scheme is where the
value of benefits when grossed-up, equal the fringe benefits exemption cap of
$17,000. Where the grossed-up value exceeds the cap, the employer is liable to
pay fringe benefits tax on the amount in excess of $17,000 but, will pass this
cost on to the employee. The employer’s share of savings, the combined administration
cost and the value of the package benefits, are deducted from pre-tax dollars.
(e)Â Â Â Â Â Â The parties
agree that the application of the fringe benefits tax exemption status
conferred on public hospitals and local health districts is subject to prevailing
Australian taxation laws.
(f)Â Â Â Â Â Â 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 from time to
time.
(g)Â Â Â Â Â Â Where an
employee ceases to salary package, arrangements will be made to convert the
agreed package amount to salary. Any costs associated with the conversion will
be borne by the employee, and the employer shall not be liable to make up any
salary lost as a consequence of the employee’s decision to convert to salary.
(h)Â Â Â Â Â Â 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.
The employer and the employee shall comply with the
procedures set out in the NSW Health Policy Directive PD2018_044, Salary
Packaging, as amended from time to time.
SECTION 4 - HOURS OF WORK
20. Hours of Duty
(a)Â Â Â Â Â Â This clause is
to be read in conjunction with clause 20A, Evaluation and Transition to New
Roster Arrangements, and clause 20B, Evaluation and Transition to Crib Break
Arrangements.
(b)Â Â Â Â Â Â The ordinary
hours of duty shall be:
(i)Â Â Â Â Â Â An average of
38 per week, to be worked in shifts of eight hours duration on no more than 19
days per 28 day period. Shift workers shall be free from duty for not less than
two full days in each working week or four full days in each two working weeks,
unless otherwise agreed between the parties.
(ii)Â Â Â Â Â Where work is
performed in Control Centres, or on a modified hours roster in Ambulance
Stations by Operational Staff, the maximum length of a shift shall not exceed
12 hours and 15 minutes. For all other staff, the maximum length of a shift
shall not exceed 12 hours. The average of 38 hours per week to be calculated
over the modified hour roster cycle.
(c)Â Â Â Â Â Â Officers
working a modified roster of 12 hour or 12 hours and 15 minute shifts will be
entitled to two paid 30 minute crib breaks to be taken between the fourth and
seventh hour and the eighth and eleventh hour unless otherwise agreed between
the parties. Officers working shifts of less than 12 hours duration shall have
one paid 30 minute crib break to be taken between the fourth and seventh hour
unless otherwise agreed between the parties.
(d)Â Â Â Â Â Â Officers who,
due to operational requirements, are unable to take their paid crib break
within the prescribed times, or whose crib break is not completed, shall
receive an additional payment of one hour at ordinary time rates.
(e)Â Â Â Â Â Â Subclauses (c)
and (d) do not apply to officers in the Control Centres. Such officers will
continue to work shifts and meal/crib breaks in accordance with their modified
roster provisions.
20A. Evaluation and
Transition to New Roster Arrangements
Sydney and Central Coast
(a)Â Â Â Â Â Â An evaluation
and implementation program for new roster arrangements will be conducted under
the auspices of the Industrial Relations Commission. Use of the existing
rosters will not attract penalty payments, such as overtime, that may otherwise
arise from the reduction in the maximum shift length prescribed in clause 20.
(b)Â Â Â Â Â Â In developing
the rosters, regard will be had to any pressing personal circumstances of
employees, such as child care arrangements.
Other than Sydney and Central Coast
(c)Â Â Â Â Â Â A transitional
arrangement will apply in the stations not covered in (a) until new rosters are
developed in consultation between employees, the Service and the Union. During
the transitional arrangement the agreed existing rosters will continue to apply
until new rosters are implemented. Where the shift length is 12 hours or more,
officers will be entitled to two paid 30 minute crib breaks to be taken between
the fourth and seventh hour and the eighth and eleventh hour unless otherwise
agreed between the parties. Use of the existing rosters will not attract
penalty payments, such as overtime, that may otherwise arise from the reduction
in the maximum shift length prescribed in clause 20.
20B. Evaluation and
Transition to Crib Break Arrangements - Sydney and Central Coast
(a)Â Â Â Â Â Â The existing
one hour unpaid meal break provisions will continue to apply until new rosters
are implemented. Also, any modified meal break provisions agreed between the
parties will continue to apply until new rosters are implemented. If these
modified arrangements currently provide for meal penalties, such penalties will
be in accordance with (e) below.
(b)Â Â Â Â Â Â The extension
of shift overtime payment for a missed or partially missed unpaid meal break
will continue to be available until the paid crib break provision is
introduced. This payment will not be subject to the phasing described in (e).
This payment will cease when rosters incorporate paid crib breaks.
(c)Â Â Â Â Â Â The penalty for
a missed or incomplete meal break will be phased out as described below to
ultimately be in accordance with the penalty for a missed or incomplete crib
break as prescribed in clause 20.
(d)Â Â Â Â Â Â The penalty for
a missed or incomplete meal break is based upon the penalty prescribed in the
Operational Ambulance Officers (State) Award published 16 June 2006 (359 I.G.
948) at clause 10(b) and (c) i.e.:
"(b)Â Â Â Â Employees
working shifts that incorporate a meal break shall be allowed a meal break of
not less than one hour no later than four hours nor more than six hours from
the starting time of shifts unless otherwise agreed between the parties. In
respect of shifts of eight hour and nine hour duration, which include a
one-hour meal break, employees shall be given the one hour meal break, not less
than four nor more than five and one half hours from the starting time of
shifts unless otherwise agreed between the parties.
(c)Â Â Â Â Â Â Employees
working shifts that incorporate a meal break who are recalled to duty from
their meal break shall be paid in respect of the first call out, one hour at
ordinary rates and in respect of any subsequent call out, ordinary rates extra
for the time so worked; provided, that the subsequent call out occurs prior to
him or her having completed the meal break. At the beginning of the seventh
hour, the meal is considered to have commenced and one hour’s penalty at
ordinary rates is to be paid for the first case. Subsequent cases referred to
in the subclause will attract ordinary time extra until the full meal break has
been taken.
This penalty shall also apply where an employee is
sent to his or her meal prior to the completion of the fourth hour. This
provision will not apply to employees on night shift although the appropriate
meal break, in accordance with the provisions contained in subclause (b) of
this clause, shall be given unless otherwise agreed between the parties."
(e)Â Â Â Â Â Â The prescribed
penalty in (d) above will be reduced as follows:
(i)Â Â Â Â Â Â By 25% between
the 12 September 2008 to 5 December 2008
(ii)Â Â Â Â Â By a further
25% between 5 December 2008 to 16 January 2009 - (a total reduction of 50%).
(iii)Â Â Â Â By a further
25% between 16 January 2009 to 27 February 2009 - (a total reduction of 75%)
(f)Â Â Â Â Â Â Employees
participating in the roster evaluation in 20A(a) will be paid either the amount
prescribed in 20B(e) or the historical average of the allowance paid for the
particular group of employees, whichever is the greater. The historical average
is based on payments made to employees in the relevant dispatch board over the
six months ending 12 September 2008. The reconciliation will correspond with
the pay period.
(g)Â Â Â Â Â Â The penalty for
a missed or incomplete meal break will be at the rate prescribed in 20B (d)
above.
21. Allocated Days Off
(a)
(i)Â Â Â Â Â Â Employees who
work on a roster other than a modified hours roster shall have their hours
arranged to include a proportion of one hour (such proportion will be on the
basis of 0.4 of one hour for each eight-hour shift worked) which shall
accumulate towards the employees allocated day off duty on pay.
(ii)Â Â Â Â Â Unless
otherwise agreed between the parties, each day worker, subject to paragraph (i)
of this subclause, shall be free from duty for not less than two full days in
each working week and at least one allocated day off in each 28-day period.
(iii)Â Â Â Â Unless
otherwise agreed between the parties, each shift worker, subject to paragraph
(a)(i) of this subclause, shall be free from duty for not less than two full
days in each week or four full days in each two working weeks and at least one
allocated day off in each 28-day period, unless otherwise agreed between the
Service and the employee.
(iv)    The employee’s
allocated day off duty prescribed in paragraph (a)(i) of this subclause shall
be determined by mutual agreement between the Service and the employee, having
regard to the needs of the Service. Where practicable, such allocated day off
duty shall be consecutive with the employee’s other days off duty.
(v)Â Â Â Â Â Once set, the
allocated day off duty may not be changed in a current roster cycle unless
there are genuine unforeseen circumstances prevailing or by mutual agreement
between the Service and the employee. Where these circumstances exist and the
allocated day off is changed, another day shall be substituted in the current
cycle. Should this not be practicable, the day must be given and taken in the
next cycle immediately following.
(vi)Â Â Â Â There shall be
no accrual of credit towards an allocated day off for the first four weeks of
ordinary annual leave taken in accordance with clause 29, Annual Leave.
However, where an employee has accumulated sufficient time to take his or her
allocated day off duty prior to entering on annual leave, and that day would
have been taken if the employee had not gone on annual leave, it shall be
allowed to the employee on the first working day immediately following the
period of leave.
(vii)Â Â Â Where an
employee has not accumulated sufficient time for an allocated day off prior to
entering on annual leave, time in credit shall count towards taking the next
allocated day off duty falling in sequence after the employee’s return to duty.
(viii)Â Â An employee
entitled to allocated days off duty in accordance with subclause (a) of this
clause shall continue to accumulate credit towards his or her allocated day off
duty whilst on sick leave. Where an employee’s allocated day off duty falls
during a period of sick leave, the employee’s available sick leave shall not be
debited for that day.
(ix)Â Â Â Â Where an
employee’s allocated day off duty falls due during a period of workers
compensation, the employee, on returning to duty, shall be given the next
allocated day off duty in sequence, irrespective of whether sufficient credit
has been accumulated or not.
(x)Â Â Â Â Â Where a day
worker’s allocated day off falls on a public holiday as prescribed by clause
28, Public Holidays, the employee shall be given the option of taking the next
working day off as rostered or substituting another day in lieu thereof by
mutual agreement with the Service.
(xi)Â Â Â Â Where a shift
worker’s allocated day off falls on a special or additional public holiday, he
or she shall be paid an additional day or half day’s pay, as the case may be,
at ordinary rates.
22. Roster of Hours
(a)Â Â Â Â Â Â The ordinary
hours of duty prescribed by clause 20, Hours of Duty, shall be worked according
to rosters which shall be exhibited at least 7 calendar days before the
commencement date of the roster and shall show the hours of duty for the agreed
roster period or 28 days whichever is the greater. Casual employees are not
subject to this clause.
(b)Â Â Â Â Â Â In exceptional
circumstances, arising from additional work demands or unplanned absences of
other employees, the roster may be changed with 7 days’ notice. In so doing,
due regard will be had to the family and carers commitments of employees
affected.
(c)Â Â Â Â Â Â Work will be
performed by the most efficient means. To achieve this, the Service will deploy
skills based on operational needs and case priority. This will include the
deployment of officers to meet operational needs. Efficient deployment may
require an officer to report for duty at another work location within the shift
or roster. Deployment to another station within the roster will only occur
within reasonable travelling distance (having regard to the circumstances of
each case).
(d)Â Â Â Â Â Â The parties
agree that there will be no forced transfers as a result of the implementation
of subclause (c) of this clause.
(e)
(i)Â Â Â Â Â Â There shall be a
minimum break of ten hours between shifts, except in case of an emergency or
agreement between the Service and the employee.
(ii)Â Â Â Â Â However, an
employee who works so much overtime after the completion of their shift on any
day that results in less than eight consecutive hours off duty before the
commencement of their next shift will be released after the completion of such
overtime until they have had eight consecutive hours off duty, with no loss of
pay for ordinary working time occurring due to such absences.
(f)Â Â Â Â Â Â Subject to
compliance with subclause (a) and (b) of this clause, the roster of an employee
may only be altered by mutual agreement between the parties.
(g)Â Â Â Â Â Â Employees may
arrange for shift changes with the following provisos:
(i)      Where the Service’s
prior consent is given to swap a shift, the employee working the shift shall
record the working of that shift on his or her time sheet with payment made
accordingly.
(ii)Â Â Â Â Â Shift swaps
should only occur on the basis that each employee maintains an average of 38
hours per week.
(iii)Â Â Â Â Where a shift
is to be paid back it shall be done in the current agreed roster period or,
where this is not practical, within the following agreed roster period, or in a
future roster period approved by the Service.
(h)
(i)Â Â Â Â Â Â A day off duty
for employees working a roster other than a modified hours roster shall be 24
hours plus a minimum 6 hours between the shifts.
(ii)Â Â Â Â Â A day off duty
for employees working a modified hours roster shall be 24 hours.
(iii)    Where an employee’s
normal rostered day off is cancelled by the Service, he or she shall be paid at
overtime rates unless otherwise agreed between the parties.
(i)Â Â Â Â Â Â Where an
employee is rostered to an allocated day off, that day off is to be shown on
the roster.
(j)Â Â Â Â Â Â The rosters of
shift workers shall provide for an equitable distribution of Saturday and
Sunday work between employees working the same roster.
(k)Â Â Â Â Â Â The parties
agree that changes to rosters that will significantly affect employees and/or
that where a new branch station is opened there will be genuine consultation
between the parties.
(l)Â Â Â Â Â Â The Service will
apply rostering practices intended to avoid single paramedic responses to the
extent practicable. To that end it will apply the Work Instruction titled Clinical
Operations – Dual Paramedic Crewing dated 12 June 2020, or as amended or
replaced by the Service from time to time following consultation.
23. Employees On Call
(a)
(i)Â Â Â Â Â Â Time on call
means time during which an employee who is rostered off duty is required to
hold himself or herself in readiness to answer a call. In any one day where an
employee answers telephone calls when not on call, he or she is to be paid for
one hour at ordinary rates of pay.
(ii)Â Â Â Â Â The provisions
for employees recalled to work are contained in this clause. A recall under
this clause shall not be treated as overtime for any other purpose and shall
not be treated as time worked for the purposes of clause 22, Roster of Hours.
(iii)Â Â Â Â Whilst no
provision is made as to freedom from on call, it is the intention of the
parties that employees should be free from call, as far as practicable, on at
least 14 days in each roster cycle of 28 days. However, if required by the
employer, and with the agreement of the employee, an employee can be on call in
excess of 14 days in each roster cycle of 28 days. In such circumstance, the
employee shall receive the daily on call allowance for each such additional
episode.
(iv)Â Â Â Â The parties will
review any situation where an employee is required to be consistently on call
in excess of 14 days in each 28-day cycle.
(v)Â Â Â Â Â A period of on
call is to be regarded as commencing at the completion of duty on one rostered
shift to the commencement of duty on the next rostered shift.
(vi)Â Â Â Â Employees shall
not be required to be on call during any part of a rostered day off duty, i.e.
from the end of the shift before the rostered period off duty and the
commencement of the shift after the rostered period off duty.
(b)
(i)Â Â Â Â Â Â Time on call
shall not be counted as time worked unless an employee is called to duty, in
which case the employee shall be paid for a minimum of four hours at overtime
rates for each time he or she is recalled; provided that where a second or
subsequent call is received by an employee whilst he or she is still performing
duties associated with the first call, he or she shall attend the second or
subsequent call without additional payment, unless the total time exceeds four
hours, in which case payment shall be made for the actual time worked at
overtime rates.
(ii)Â Â Â Â Â Where an
employee is on-call and is recalled to duty and such recall merges with the
employee’s normal commencing time, such work shall attract overtime for the
actual time worked and not a call out.
(iii)Â Â Â Â A call out
shall be deemed to commence at the time the employee is tasked by the Control
Centre and shall be deemed to be complete when all duties associated with the
case/s are complete.
(c)Â Â Â Â Â Â Where an
employee who is on call is called out for duty which in total involves 4 hours
or more actual work within 8 hours of the scheduled commencement of their next
rostered shift, he or she shall be entitled to exercise the Rest Options
provision of the Service’s Fatigue Management Standard Operating Policy.
(d)Â Â Â Â Â Â An employee who
is not on call shall only be recalled to duty with the employee’s agreement.
Such a recall is subject to the same provisions as
recalls performed when an employee is on call.
(e)Â Â Â Â Â Â The provision
of paragraph (b)(i) of this clause shall not apply to employees attached to
One-Officer Branch Stations or to employees supplied with quarters as set out
in subclause (b) of clause 38, Accommodation, who are recalled to duty but not
required to leave the station, in which case, the employee shall be paid for
the actual period or periods of duty in any one day a minimum of two hours at
overtime rates.
(f)
(i)Â Â Â Â Â Â The weekly
on-call allowance as set out in Item 4 of Table 2A - Allowances of Section 8,
Monetary Rates, shall apply in the following circumstances:
(1)Â Â Â Â Â Â Employees
required by the Service to be on call on a roster other than a modified hours
roster;
(2)Â Â Â Â Â Â Employees
employed on or before 31 July 1988 who are required by the Service to be on
call; or
(3)Â Â Â Â Â Â Employees who
are required by the Service to be on call as part of a modified hours roster
where the weekly on call allowance applies by agreement between the parties.
(ii)Â Â Â Â Â The daily
on-call allowance as set out in Item 3 of Table 2A - Allowances of Section 8,
Monetary Rates, shall apply in all other circumstances where an employee is
required by the Service to be on call.
(iii)Â Â Â Â The provisions
of paragraphs (i) and (ii) of this subclause (f) shall not apply to resident
employees in One-Officer Branch Stations, as defined in subclause (a) of clause
38, Accommodation.
(iv)Â Â Â Â Payment of the
on-call allowance shall not apply during periods of Annual Leave or Long
Service Leave.
(g)Â Â Â Â Â Â If an employee
who is rostered on call is required to respond to a call, he or she shall be
reimbursed actual fares or expenses incurred in travelling to and from work,
unless a service vehicle is provided for this purpose.
(h)Â Â Â Â Â Â If an employee
rostered on call is required to use his or her own motor vehicle, then he or
she shall be paid the specified journey rate as prescribed by clause 5.1.3 of
the NSW Health Policy Directive PD2016_010, Official Travel as amended from
time to time, for all kilometres travelled.
24. Overtime
(a)Â Â Â Â Â Â Subject to
clause 23, Employees On Call, all time worked in excess of the rostered hours
on any one day shall be paid for at the rate of time and one-half for the first
two hours and thereafter at the rate of double time, provided that overtime
worked on a Public Holiday shall be paid for at the rate of double time and
one-half.
(b)Â Â Â Â Â Â Overtime shall
be computed on the wages prescribed by Table 1A - Wages and Table 1B - Control
Centre Staff - Wages in Section 8 Monetary Rates, and the allowance prescribed
by clause 23, Employees On Call, as compensation for time on-call shall be
disregarded.
(c)Â Â Â Â Â Â Employees
shall, when required, work reasonable levels of overtime to meet the needs of
the Service.
(d)Â Â Â Â Â Â Should an
employee be required to work overtime for more than two hours before his or her
normal commencing time, or after his or her normal ceasing time, he or she
shall be paid the overtime meal allowance as set out in Item 11 of Table 2A -
Allowances of Section 8, Monetary Rates, and shall be paid such allowance after
every subsequent four hours of overtime worked.
(e)Â Â Â Â Â Â Where an
employee is required to work a complete overtime shift, he or she shall be
given the appropriate meal break for that shift. However, the meal penalty
provision of subclause (d) of clause 20, Hours of Duty, shall not apply.
(f)Â Â Â Â Â Â 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.
25. Reasonable Hours
(a)Â Â Â Â Â Â Subject to
subclause (b) an employer may require an employee to work reasonable overtime
at overtime rates.
(b)Â Â Â Â Â Â 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.
(c)Â Â Â Â Â Â For the purposes
of subclause (b) what is reasonable or otherwise will be determined having
regard to:
(i)Â Â Â Â Â Â Any risk to
employee health and safety.
(ii)     The employee’s
personal circumstances including any family and carer responsibilities.
(iii)Â Â Â Â The needs of
the workplace or enterprise.
(iv)Â Â Â Â The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v)Â Â Â Â Â Any other
relevant matter.
26. Time Off in Lieu
of Overtime
(a)Â Â Â Â Â Â The parties
agree that an employee who is required to work overtime outside normal rostered
hours may be compensated by way of time off in lieu of payment for the
overtime.
(b)Â Â Â Â Â Â This clause is
subject to the following:
(i)Â Â Â Â Â Â Time off in
lieu of overtime shall be in amounts equal to the period of overtime worked;
(ii)Â Â Â Â Â Time off in
lieu of overtime must be taken within three months of the overtime being
worked;
(iii)Â Â Â Â Where it is not
possible for an employee to take time off in lieu of overtime within the
three-month period, it is to be paid out at the appropriate overtime rate based
on the rate of pay applying at the time payment is made;
(iv)Â Â Â Â The option of
taking time off in lieu of overtime is subject to the active agreement of the
Service management, so that it is conceivable that employees in one unit or
location within the Service may be permitted to take time off in lieu of
overtime but employees working in other locations and settings within the
Service may not.
(v)Â Â Â Â Â Employees cannot
be compelled to take time off in lieu of overtime;
(vi)Â Â Â Â Records of time
off in lieu of overtime owing to employees and taken by employees must be
maintained by the Service;
(vii)Â Â Â Time off in lieu
of overtime shall be taken at a time which is mutually agreed to by the Service
and the employee;
(viii)Â Â No more than 38
hours of time off in lieu of overtime can be accumulated by an employee.
(ix)Â Â Â Â In making
overtime available to employees the Service will not discriminate between those
employees who elect to take time off in lieu of overtime in preference to those
employees who elect to be paid for overtime in accordance with clause 23,
Employees On Call and/or clause 24, Overtime.
27. Penalty Rates for
Shift Work and Weekend Work
(a)Â Â Â Â Â Â Employees
working afternoon or night shifts shall be paid the following percentage in
addition to the ordinary rate for such shift:
(i)Â Â Â Â Â Â Afternoon shift
commencing at or after 10.00 a.m. and before 1.00 p.m. - 10 per cent.
(ii)Â Â Â Â Â Afternoon shift
commencing at or after 1.00 p.m. and before 4.00 p.m. - 12.5 per cent.
(iii)Â Â Â Â Night shift
commencing at or after 4.00 p.m. and before 4.00 a.m. - 15 per cent.
(iv)Â Â Â Â Night shift
commencing at or after 4.00 a.m. and before 6.00 a.m. - 10 per cent.
(v)Â Â Â Â Â The additional
payments prescribed under this subclause shall not form part of the employee's
ordinary pay for the purpose of this Award.
(b)Â Â Â Â Â Â Employees whose
ordinary working hours include work on a Saturday and/or Sunday shall be paid
for ordinary working hours worked between midnight Friday and midnight on
Saturday at the rate of time and one-half and for ordinary hours worked between
midnight on Saturday and midnight on Sunday at the rate of time and
three-quarters. These extra rates shall be in substitution for and not
cumulative upon the shift premiums prescribed in subclause (a) of this clause.
(c)Â Â Â Â Â Â Employees who
work overtime on Saturdays and Sundays shall be paid time and one half for the
first two hours then at double time at the appropriate rate prescribed herein.
(d)Â Â Â Â Â Â The provisions
of this clause shall not apply to work performed on a public holiday or special
public holiday.
28. Public Holidays
(a)Â Â Â Â Â Â For the purpose
of this clause, the following shall be public holidays, viz: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday,
Local Labour Day, Christmas Day and Boxing Day and any other standard public
holiday declared under section 4 of part 2 of the Public Holidays Act
2010.
(b)
(i)Â Â Â Â Â Â An employee to
whom paragraph (a)(i) and (a)(ii) of clause 29, Annual Leave, applies and who
is required to and does work on a public holiday or a special public holiday
shall be paid for the time actually worked on such holiday at the rate of
double time and a half.
(ii)Â Â Â Â Â An employee to
whom paragraph (a)(iii) and (a)(iv) of clause 29, Annual Leave, applies and who
is required to and does work on a public holiday shall be paid in addition to
the appropriate ordinary weekly rate of pay prescribed in Table 1A - Wages and
Table 1B - Control Centre Staff - Wages of Section 8, Monetary Rates, at the
rate of one half time extra for the rostered time actually worked on such
public holiday.
(iii)Â Â Â Â For the purpose
of paragraph (b)(i) and (b)(ii) of this clause, the hourly rate of pay shall be
one thirty-eighth of the appropriate ordinary weekly rate of pay prescribed in
Table 1A - Wages and Table 1B - Control Centre Staff - Wages of Section 8,
Monetary Rates.
(c)Â Â Â Â Â Â Special
holidays proclaimed for any city or town are to be granted or equivalent
payment made in lieu thereof to employees, either day workers or shift workers,
employed in stations located in such city or town. Equivalent payment means
double time and one-half.
Where a shift worker’s rostered day off falls due on
such day, he or she shall be paid, in addition to his appropriate weekly rate
of pay, an extra day or half days pay at ordinary rates, whichever is
applicable.
(d)Â Â Â Â Â Â In addition to
those public holidays specified in subclause (a) of this clause, employees
shall be entitled to an extra public holiday each year. Such public holiday
will occur on a date determined by the Service to be taken in the Christmas New
Year period, or other suitable period as agreed between the Service and the
Union and shall be regarded for all purposes of this clause as any other public
holiday.
Where a shift worker’s rostered day off or annual leave
falls due on such a day, he or she shall be paid, in addition to his or her
appropriate weekly rate of pay, an extra day’s pay at ordinary rates.
The foregoing will not apply in areas where, in each year,
a day, in addition to the ten named public holidays specified in subclause (a)
is proclaimed and observed as a public holiday and will not apply in areas
where, in each year, at least two half days, in addition to the ten named
public holidays specified in subclause (a) are proclaimed and observed as half
public holidays.
Provided further, that in areas where, in each year,
only one half day, in addition to the ten named public holidays specified in
subclause (a) is proclaimed and observed as a half public holiday for the
purposes of this Award, the whole day will be regarded as a public holiday and
no additional public holiday will be observed which would otherwise apply as a
result of this subclause.
SECTION 5 - LEAVE ENTITLEMENTS
29. Annual Leave
(a)Â Â Â Â Â Â Annual Leave
shall be granted on completion of each 12 months service as follows:
(i)Â Â Â Â Â Â Day Worker (as
defined in clause 4, Definitions) - four weeks leave on full pay.
(ii)Â Â Â Â Â Shift Worker
(as defined in clause 4, Definitions) but who is not required to work public
holidays - five weeks leave on full pay.
(iii)Â Â Â Â Shift Worker
(as defined in clause 4, Definitions) who has not been required to successfully
complete the requirements for appointment to a Paramedic position - five weeks
leave with seven weeks pay.
(iv)Â Â Â Â Shift Worker (as
defined in clause 4, Definitions) who has or is required to successfully
complete the requirements for appointment to a Paramedic position - six weeks
leave with eight weeks pay. (The leave entitlement in this subclause commenced
accrual on 4 February 2002)
(b)Â Â Â Â Â Â In the event
that an employee’s employment has changed from a seven day per week basis to a
Monday to Friday basis or vice versa, than annual leave shall be calculated on
a pro rata basis.
(c)Â Â Â Â Â Â It is admitted
by the parties that two weeks’ pay has been provided to those employees to whom
paragraph (a)(iii) and (a)(iv) of this clause applies in lieu of and in
consideration of public holidays being worked by such employees or which have
occurred on a rostered day off.
(d)Â Â Â Â Â Â To the leave
prescribed by paragraph (a)(i) of this clause, there shall be added one working
day for each public holiday or special public holiday or one half working day
for each half public holiday or special half public holiday which occurs during
a period of annual leave.
(e)
(i)Â Â Â Â Â Â Once an
employee becomes entitled to annual leave (i.e. after the initial 12 month
period of employment has occurred) annual leave will be taken biannually in two
separate periods of three weeks duration. Provided that the giving and taking
of such leave may be postponed by mutual agreement between the parties for a
further period not exceeding six months. Providing further that, with the
agreement of the Service, an employee may take their annual leave in one period
of 6 weeks duration.
(ii)Â Â Â Â Â Annual leave
shall be granted on a rotating roster basis, provided that such rotation
complies with paragraph (e)(i) of this clause.
(iii)Â Â Â Â Nothing in this
subclause shall prevent the Service, by agreement with the employee, from allowing
annual leave to an employee before the right thereto has accrued, but where
leave is taken in such a case a further period of annual leave shall not
commence to accrue until the expiration of the twelve months in respect of
which annual leave was taken before it accrued. Provided that any leave taken
by an employee under this subclause shall not exceed the amount of
proportionate annual leave standing to the credit of the employee at the time
of entering upon such leave.
(iv)Â Â Â Â At least six
months’ notice shall be given to employees of the date on which they shall take
their annual leave. Where an employee has been notified that he or she is to
take his or her normal leave at a specified time and that time is thereafter
altered by the Service, the employee shall be reimbursed any actual losses
which result to him or her to the extent to which deposits paid for travel
and/or accommodation are not refunded.
(v)Â Â Â Â Â Employees may
exchange/split annual leave by mutual arrangements with the approval of the
Service, provided that such exchange complies with paragraph (e)(i) of this
clause.
(f)Â Â Â Â Â Â Each employee
before going on annual leave shall be paid for the period of the leave at the
ordinary rate of wage to which he or she is entitled under this Award and such
payment shall be made before the employee commences annual leave.
(g)Â Â Â Â Â Â Notwithstanding
the provisions of subclause (f) of this clause, the Service agrees, subject to
at least 28 days prior written authorisation by the employee, to pay the
employee’s annual leave entitlements on a fortnightly basis which coincides
with the normal fortnightly pay period.
(h)Â Â Â Â Â Â Where the
employment of an employee is terminated the employee shall be entitled to
receive a proportionate payment in respect of service of less than one year, at
the weekly wage to which such employee is entitled under this Award.
(i)Â Â Â Â Â Â Credit of time
towards an allocated day off duty as prescribed in clause 21, Allocated Days
Off, shall not accrue when an employee is absent during their four weeks annual
leave as provided for under the terms of the Annual Holidays Act 1944.
However, employees entitled to allocated days off duty in accordance with
clause 21, Allocated Days Off, shall accrue credit towards an allocated day off
duty in respect to any additional periods of annual leave which is granted to
employees in excess of the abovementioned four weeks.
30. Annual Leave
Loading
(a)Â Â Â Â Â Â Employees who,
under the Annual Holidays Act 1944, become entitled to annual leave
under this clause shall be paid in respect of such leave an annual leave
loading of 17.5 per cent of the appropriate ordinary weekly rate of pay
prescribed by clause 11, Wages, for the classification in which the employee
was employed immediately before commencing his or her annual leave. The 17.5
per cent annual leave loading will apply only to the payments associated with
actual periods of annual leave as per subclause (a) of clause 29, Annual Leave,
and provided further that in no instance is the calculated amount to exceed
17.5 percent of four weeks ordinary salary for maximum Clerk Grade 12 Public
Servant as provided by the Crown Employees (Public Sector - Salaries 2019)
Award, as varied or replaced from time to time.
(b)Â Â Â Â Â Â Such loading is
payable in addition to the pay for the period of leave given and taken and due
to the employee under this Award.
(c)Â Â Â Â Â Â No loading is
payable where the annual leave is taken wholly or partly in advance; provided,
however, that if the employment of such an employee continues until the day
upon which he
would have become entitled under this clause to such
annual leave, the loading then becomes payable in respect of the period of such
leave and is to be calculated in accordance with the rate of wages applicable
on such day.
(d)Â Â Â Â Â Â Where the
employment of an employee is terminated by the Service for a cause other than
misconduct and at the time of termination the employee has not been given and
has not taken the whole of the annual leave to which he or is entitled, he or
she shall be paid the loading provided for in subclause (a) of this clause for
the period not taken.
(e)Â Â Â Â Â Â Except as
provided by subclause (d) of this clause, no loading is payable on the
termination of an employee’s employment.
(f)Â Â Â Â Â Â Where a shift
worker is given and takes annual leave, he or she shall be paid the loading set
out in subclause (a) of this clause; provided that if the amount to which the
employee would have been entitled by way of shift work allowances and weekend
penalty rates for the ordinary time (not including time on a public or special
public holiday) which the employee would have worked during the period of leave
exceeds the loading calculated in accordance with subclause (a) of this clause,
then that amount shall be paid to the employee in lieu of the loading.
(g)Â Â Â Â Â Â The annual
leave loading or the shift penalties, whichever is appropriate, shall be paid
before the employee commences annual leave.
(h)Â Â Â Â Â Â Notwithstanding
the provisions of subclause (g) of this clause, the Service agrees, subject to
at least 28 days prior written authorisation by the employee, to pay the
employee’s annual leave loading or shift penalties on a fortnightly basis which
coincides with the normal fortnightly pay period.
31. Family and
Community Services Leave and Personal/Carer’s Leave
(a)Â Â Â Â Â Â Employees shall
be granted family and community services leave and personal/carer’s leave in
accordance with the provisions of the NSW Health Policy Directive PD2019_010,
Leave Matters for the NSW Health Service, as amended or replaced from time to
time.
31A. Family Violence
Leave
(i)Â Â Â Â Â Â For the purpose
of this clause, family violence means domestic violence as defined in the Crimes
(Domestic and Personal Violence) Act 2007. The violence may have been
reported to the police and/or may be the subject of an Apprehended Violence
Order.
(ii)Â Â Â Â Â An employee
experiencing family and domestic violence can utilise Award leave entitlements
provided for in Sick Leave and Family and Community Services Leave provisions
of the Award.
(iii)Â Â Â Â Where leave
entitlements to Sick Leave and Family and Community Services Leave are
exhausted, the employer will grant up to five days per year of paid special
leave to attend legal proceedings, counselling, appointments with a medical or
legal practitioner and relocation and safety activities directly associated
with alleviating the effects of family and domestic violence. This leave
entitlement does not accumulate from year to year.
(iv)Â Â Â Â Upon exhaustion
of the paid leave entitlement, an employee may request further periods of
unpaid leave, for the same activities for which paid leave would be available.
(v)Â Â Â Â Â Â To access paid
and unpaid leave, the employee must provide the employer with evidence, to the
employer’s satisfaction, substantiating the purpose of the leave and that the
leave is related to alleviating the effects of family violence. The employer
may accept a variety of agreed documentation in support of an application for
leave. Supporting documentation may be presented in the form of an agreed
document issued by the Police Force, a Court, a doctor, a Family Violence
Support Service or a lawyer.
(vi)Â Â Â Â Matters related
to family violence can be sensitive. Information collected by the employer will
be kept confidential. No information relating to the details of the family
violence will be kept on an employee’s personnel file without their express
permission. However, records about the use of family violence leave will need
to be kept.
(vii)Â Â Â The employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements. This may include changes to working times and
locations, telephone numbers and email addresses.
(viii)Â Â The employer
will co-operate with all legal orders protecting an employee experiencing
domestic violence.
32. Maternity,
Adoption and Parental Leave
This clause is to be read in conjunction with the Maternity,
Adoption and Parental Leave provisions of the NSW Health Policy Directive
PD2019_010, Leave Matters for the NSW Health Service, as amended or replaced
from time to time.
A.       Maternity Leave
(a)Â Â Â Â Â Â Eligibility for
Paid Maternity Leave
(i)Â Â Â Â Â Â Full-time
employees
Female employees who prior to the expected date of
birth, have completed at least forty (40) weeks continuous service (of not less
than 31.25 hours per week) are eligible for paid maternity leave.
(ii)Â Â Â Â Â Permanent
part-time employees
Permanent part-time employees are employees engaged on
a permanent part-time basis as defined by their Award. Female employees
employed on this basis are entitled to pro-rata paid maternity leave after
forty (40) weeks continuous service.
(iii)Â Â Â Â An employee who
has once met conditions for paid maternity leave will not be required to again
work the forty (40) weeks continuous service in order to qualify for a further
period of paid maternity leave, unless:
(1)Â Â Â Â Â Â there has been
a break in service where the employee has been re-employed or re-appointed
after resignation, medical retirement, or after her services have been otherwise
dispensed with; or
(2)Â Â Â Â Â Â the employee
has completed a period of leave without pay of more than forty (40) weeks. In
this context, leave without pay does not include sick leave without pay,
maternity leave without pay, or leave without pay associated with an illness or
injury compensable under workers’ compensation legislation.
(b)Â Â Â Â Â Entitlements to
Paid Maternity Leave
(i)Â Â Â Â Â Â Eligible
employees are entitled to fourteen (14) weeks at the ordinary rate of pay from
the date maternity leave commences. This leave may commence up to fourteen (14)
weeks prior to the expected date of birth.
(ii)Â Â Â Â Â Paid maternity
leave may be paid: on a normal fortnightly basis; or in advance in a lump sum;
or
at the rate of half pay over a period of twenty-eight
(28) weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(ii)Â Â Â Â Â Should an
employee return to duty during the period of paid maternity leave, such paid
leave ceases from the date duties are resumed.
(c)Â Â Â Â Â Â Entitlements to
Unpaid Maternity Leave
(i)Â Â Â Â Â Â An employee
entitled to paid maternity leave is entitled to a further period of unpaid
maternity leave of not more than twelve (12) months from the actual date of
birth. The leave therefore does not extend beyond the child’s first birthday.
(ii)Â Â Â Â Â Full-time or
permanent part-time female employees who are not eligible for paid maternity
leave are entitled to unpaid maternity leave of not more than 12 months.
(d)Â Â Â Â Â Applications for
Maternity Leave
(i)Â Â Â Â Â Â An employee who
intends to proceed on maternity leave should formally notify their Operations
Manager/Control Centre Manager (in writing) of such intention as early as
possible however, not less than eight (8) weeks prior to the commencement of
leave. This notice must include a statement of:
(1)Â Â Â Â Â Â The intention
to proceed on maternity leave;
(2)Â Â Â Â Â Â The expected
date of birth certified by a medical practitioner;
(3)Â Â Â Â Â Â The period of
leave to be taken;
(4)Â Â Â Â Â Â The date on
which maternity leave is to commence;
(5)Â Â Â Â Â Â A Statutory
Declaration stating any period of parental leave sought or taken by the
employee’s spouse. This declaration must also state that the applicant is the
child’s primary caregiver for the period of leave sought.
(6)Â Â Â Â Â Â The entitlement
to maternity leave is reduced by any period of parental leave taken by the
employee’s spouse. Apart from parental leave of one (1) week at the time of
birth, maternity leave is not to be taken concurrently with parental leave
except as otherwise provided at paragraph (a)(i) of Part D of this clause.
(e)Â Â Â Â Â Â Applications
for Further Maternity Leave
(i)Â Â Â Â Â Â Where an
employee becomes pregnant whilst on maternity leave a further period of
maternity leave shall be granted. If an employee enters on the second period of
maternity leave during the currency of the initial period of maternity leave,
then any residual maternity leave from the initial entitlement ceases.
(ii)Â Â Â Â Â An employee who
commences a subsequent period of maternity leave while on unpaid maternity
leave under paragraph (c)(i) of Part A of this clause or paragraph (a)(ii) 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).
(iii)Â Â Â Â 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 (a)(iii) of
Part D of this clause is entitled to be paid at their substantive fulltime rate
for the subsequent period of maternity leave.
(iv)Â Â Â Â 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 (a)(iii) 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.
(f)Â Â Â Â Â Â Variations of
Maternity Leave
After commencing maternity leave, an employee may vary
the period of her maternity leave -
(i)Â Â Â Â Â Â once without
the consent of the Service, but with a minimum of fourteen (14) days’ notice in
writing; and
(ii)Â Â Â Â Â otherwise with
the consent of the Service, with a minimum of fourteen (14) days’ notice in
writing.
However, more advanced notice is encouraged, especially
for uniformed staff because of roster arrangements.
(g)Â Â Â Â Â Staffing
Provisions
In accordance with obligations established by the Industrial
Relations Act 1996 (Section 69) any person who occupies the position of an
employee on maternity leave must be informed that the employee has the right to
return to her former position. Additionally, since an employee has the right to
vary the period of her maternity leave; offers of temporary employment should
be in writing, stating clearly the temporary nature of the contract of
employment. The duration of employment should be also set down clearly; to a
fixed date or until the employee elects to return to duty, whichever occurs
first.
(h)Â Â Â Â Â Effect of
Maternity Leave on Accrual of Leave, Increments, etc.
(i)Â Â Â Â Â Â Unpaid maternity
leave does not count as service for the purposes of accruing sick leave (unless
the period of unpaid leave is less than one month, although it is unlikely that
unpaid maternity leave would be for such a lesser period), annual leave (unless
the period of unpaid maternity leave is less than 28 calendar days) or long
service leave (unless the employee has completed ten years’ service and the
period of unpaid maternity leave is less than six months).
(ii)Â Â Â Â Â Unpaid
maternity leave is not to be counted as service for determining incremental
progression. Periods of maternity leave at full pay and at half pay are to be
regarded as service for incremental progression on a pro-rata basis.
Notwithstanding the foregoing, increments based on age must be paid on attainment
of the appropriate age.
(iii)Â Â Â Â During a period
of unpaid maternity leave the employee will not be required to meet the
employer’s superannuation liability. The employee will, however, be required to
make any necessary arrangements for their own contributions.
(iv)Â Â Â Â When the
employee has resumed duties, any period of full pay leave is counted in full
for the accrual of annual leave and any period of maternity leave on half pay
is taken into account to the extent of one half thereof when determining the accrual
of annual leave.
(v)Â Â Â Â Â Â Except in the
case of employees who have completed ten (10) years’ service the period of
maternity leave without pay does not count as service for long service leave
purposes. Where the employee has completed ten (10) years’ service, the period
of maternity leave without pay shall count as service provided such leave does
not exceed six (6) months.
(vi)Â Â Â Â Where public
holidays occur during the period of paid maternity leave, payment is at the
rate of maternity leave received, i.e. public holidays occurring in a period of
full pay maternity leave are paid at full rate and those occurring during a
period of half pay leave are paid at half rate.
(i)Â Â Â Â Â Â Illness
Associated with Pregnancy
(i)Â Â Â Â Â Â If, because of
an illness associated with her pregnancy, an employee is unable to continue to
work, then she can elect to use any available paid leave (sick, annual and/or
long service leave) or to take any sick leave without pay.
(ii)Â Â Â Â Â Where an
employee is entitled to paid maternity leave but, because of illness or injury,
is on workers’ compensation, sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave will cease nine (9) weeks prior to
the expected date of birth. The employee will then commence on maternity leave
with the normal provisions applying.
(j)Â Â Â Â Â Â Effect of
Premature Birth on Payment of Maternity Leave
An employee who gives birth prematurely prior to
proceeding on maternity leave, shall be treated as being on maternity leave
from the date she enters on leave to give birth to the child.
(k)Â Â Â Â Â Stillbirth
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave or maternity leave, subject to production of a medical certificate. She
may resume duty at any time provided she produces a doctor's certificate as to
her fitness.
(l)Â Â Â Â Â Â Miscarriage
In the event of a miscarriage, any absence from work is
to be covered by the current sick leave provisions.
(m)Â Â Â Â Fitness to
Continue Working During Pregnancy and Alternative Work
(i)Â Â Â Â Â Â Whilst an
employee may commence maternity leave up to fourteen (14) weeks, prior to the
expected date of birth, this is not compulsory. However, if an employee decides
to continue working prior to taking maternity leave, she must be able to
satisfactorily perform her normal duties.
(ii)Â Â Â Â Â Where, because
of an illness or risk associated with her pregnancy, an employee cannot carry
out the duties of her position, an employer is obligated, as far as
practicable, to provide alternative employment in some other position that she
is able to satisfactorily to perform, until maternity leave commences. A
position to which an employee is transferred under these circumstances must be
as close as possible in status and salary to her substantive position.
(iii)Â Â Â Â Pregnant
Paramedics/Control Centre Officers and Patient Transport Officers may take up
their entitlement to alternative duties at any time during their pregnancy if
their medical condition determines they are unable to carry out normal duties.
(n)Â Â Â Â Â Medical
Certificate Requirement
In the case of Paramedics/Control Centre Officers and
Patient Transport Officers a medical certificate must be provided at 24 weeks
gestation to their supervisor, confirming fitness and ability to continue
working in normal duties.
(o)Â Â Â Â Â Right to Return
to Previous Position
(i)Â Â Â Â Â Â An employee who
returns to work after maternity leave has a right to return to her former
position.
(ii)Â Â Â Â Â Where this
position no longer exists, the employee is entitled to be placed in a position
nearest in status and salary to that of her former position and to which the
employee is capable and/or qualified.
(p)Â Â Â Â Â Portability of
Service for Paid Maternity Leave
When determining an employee’s eligibility for paid maternity
leave, continuous service with an organisation that is part of the government
sector as defined in the Government Sector Employment Act 2013 will be
recognised, provided that:
(i)Â Â Â Â Â Â service was on
a full-time or permanent part-time (as specified) basis;
(ii)Â Â Â Â Â cessation of
service with the former employer was not by reason of dismissal on any ground,
except retrenchment or reduction of work;
(iii)Â Â Â Â the employee
commences duty with the new employer on the next working day after ceasing
employment with the former employer. (There may be a break in service of up to
2 months before commencing duty with the new employer, provided that the new
position was secured before ceasing duty with the former employer. However,
such a break in service will not be counted as service for the purpose of
calculating any prior service prerequisite for paid maternity leave.)
Portability of service for paid maternity leave
involves the recognition of service in government sector agencies for the
purpose of determining an employee’s eligibility to receive paid maternity
leave. For example, where an employee moves between a Public Service Department
and a public hospital, previous continuous service will be counted towards the
service prerequisite for paid maternity leave.
B.       Adoption Leave
(a)Â Â Â Â Â Â Eligibility for
Adoption Leave
(i)Â Â Â Â Â Â All full-time
and permanent part-time employees who are adopting a child and are to be the
primary care giver of the child are entitled to unpaid adoption leave.
(ii)Â Â Â Â Â Employees who
are adopting a child and are to be the primary care giver of the child are
entitled to paid adoption leave as follows:
Full-time employees
Employees who, prior to the date of taking custody of
the child, have completed 40 weeks continuous service (of not less than 31.25
hours per week) are eligible for paid adoption leave.
Permanent part-time employees
Permanent part-time employees are employees engaged in
a permanent part-time basis as defined by their Award. These employees are
entitled to pro-rata paid adoption leave after forty (40) weeks continuous
service.
(iii)Â Â Â Â An employee who
has once met conditions for paid adoption leave will not be required to again
work the forty (40) weeks continuous service in order to qualify for a further
period of paid adoption leave, unless:
(1)Â Â Â Â Â Â there has been
a break in service where the employee has been re-employed or re-appointed
after resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(2)Â Â Â Â Â Â the employee
has completed a period of leave without pay of more than forty (40) weeks. In
this context, leave without pay does not include sick leave without pay,
maternity leave without pay or leave without pay associated with an illness or
injury compensable under workers’ compensation legislation.
(b)Â Â Â Â Â Entitlements
(i)Â Â Â Â Â Â Paid Adoption
Leave
Eligible employees are entitled to fourteen (14) weeks
at the ordinary rate of pay. This leave may commence from the date of taking
custody of the child.
Paid adoption leave may be paid:
on a normal fortnightly basis; or in advance in a lump
sum; or
at the rate of half pay over a period of twenty-eight
(28) weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to
remain on full pay for that period.
(ii)Â Â Â Â Â Unpaid Adoption
Leave
Eligible employees are entitled to unpaid adoption
leave as follows:
where the child is under the age of 12 months - a
period of not more than 12 months from the date of taking custody;
where the child is over the age of 12 months and under
18 years old - a period of up to 12 months, such period to be agreed upon by
both the employee and the employer.
(c)Â Â Â Â Â Â Applications
for Adoption Leave
(i)Â Â Â Â Â Â Due to the fact
that an employee may be given little notice of the date of taking custody of a
child, employees who believe that, in the reasonably near future, they will
take custody of a child, should formally notify the employer as early as
practicable of the intention to take adoption leave, normally 8 weeks prior.
This will allow arrangements associated with the adoption leave to be made.
(ii)Â Â Â Â Â A statement
must also be provided from the adoption agency or appropriate body/government
authority confirming that the applicant/ employee is to have custody and the
expected date of placement of the child.
(d)Â Â Â Â Â Applications for
Further Adoption Leave Same provisions as maternity leave.
(e)Â Â Â Â Â Â Variations of
Adoption Leave
Same provisions as maternity leave.
(f)Â Â Â Â Â Â Staffing Provisions
Same provisions as maternity leave.
(g)Â Â Â Â Â Effect of
Adoption Leave on Accrual of Leave, Increments, etc.
Same provisions as maternity leave.
(h)Â Â Â Â Â Right to Return
to Previous Position
Same provisions as maternity leave.
(i)Â Â Â Â Â Â Portability of
Service for Paid Adoption Leave
Same provisions as maternity leave.
C.       Parental Leave
(a)Â Â Â Â Â Â Eligibility for
Parental Leave
(i)Â Â Â Â Â Â Full-time
employees
Employees who, prior to the expected date of birth or
to the date of taking custody of the child, have completed 40 weeks continuous
service (of not less than 31.25 hours per week) are eligible for parental
leave.
(ii)Â Â Â Â Â Permanent
part-time employees
Permanent part-time employees are employees engaged in
a permanent part-time basis as defined by their Award. These employees are
entitled to pro-rata paid parental leave after forty (40) weeks continuous
service.
(iii)Â Â Â Â An employee who
has once met conditions for parental leave will not be required to again work
the forty (40) weeks continuous service in order to qualify for a further
period of parental leave, unless:
(1)Â Â Â Â Â Â there has been
a break in service where the employee has been re-employed or re-appointed
after resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(2)Â Â Â Â Â Â the employee
has completed a period of leave without pay of more than forty (40) weeks. In
this context, leave without pay does not include sick leave without pay,
maternity leave without pay or leave without pay associated with an illness or
injury compensable under workers’ compensation legislation.
(b)Â Â Â Â Â Entitlements
Eligible employees whose spouse or partner (including a
same sex partner) is pregnant or is taking custody of a child, are entitled to
a period of leave not exceeding 52 weeks, which includes one week of paid
leave, and may be taken as follows:
(i)Â Â Â Â Â Â An unbroken
period of up to one week at the time of the birth of the child, taking custody
of the child or other termination of the pregnancy (short parental leave).
(ii)Â Â Â Â Â The entitlement
of one week’s paid leave may be taken at any time within the 52 week period and
shall be paid:
at the employees' ordinary rate of pay for a period not
exceeding one week on full pay, or
two weeks at half pay or the period of parental leave
taken, whichever is the lesser period.
(iii)Â Â Â Â A further
unbroken period of unpaid parental leave not exceeding 52 weeks when added to
short parental leave in order to be the primary caregiver of the child
(extended parental leave).
(iv)Â Â Â Â Extended
parental leave cannot be taken at the same time as the employee’s spouse or
partner is on maternity or adoption leave, except as otherwise provided at
paragraph (a)(i) of Part D of this clause.
Annual and/or long service leave credits can be
combined with periods of parental leave at half pay to enable an employee to
remain on full pay for that period.
(c)Â Â Â Â Â Â Applications
for Parental Leave
(i)Â Â Â Â Â Â An employee who
intends to proceed on parental leave should formally notify their employer of
such intention as early as possible, so that arrangements associated with their
absence can be made.
(ii)Â Â Â Â Â The employee
should give written notice of the intention to take the leave, at least four
weeks before proceeding on leave, and should detail the dates on which they
propose to start and end the period of leave. It is recognised in situations of
taking custody of a child, little or no notice may be provided to the employee.
In such an instance, the employee should notify the employer as early as
practicable.
(iii)Â Â Â Â The employee must,
before the start of leave, provide a certificate from a medical practitioner
confirming that their spouse or partner is pregnant and the expected date of
birth, or in the case of an adoption, an official form or notification on
taking custody of the child.
(iv)Â Â Â Â In the case of
extended parental leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
if applicable, the period of any maternity leave sought
or taken by his spouse, and that they are seeking the period of extended
parental leave to become the primary caregiver of the child.
(d)Â Â Â Â Â Variations of
Parental Leave
Same provisions as maternity leave.
(e)Â Â Â Â Â Â Staffing
Provisions
Same provisions as maternity leave.
(f)Â Â Â Â Â Â Effect of
Parental Leave on Accrual of Leave, Increments, etc.
Same provisions as maternity leave.
(g)Â Â Â Â Â Right to Return
to Previous Position
Same provisions as maternity leave.
(h)Â Â Â Â Â Portability of
Service for Paid Parental Leave
Same provisions as maternity leave.
D.       Right to Request
(a)Â Â Â Â Â Â An employee
entitled to maternity, adoption or parental leave may request the employer to
allow the employee:
(i)Â Â Â Â Â Â to extend the
period of simultaneous parental leave use up to a maximum of eight weeks;
(ii)Â Â Â Â Â to extend the
period of unpaid maternity, adoption or extended parental leave for a further
continuous period of leave not exceeding 12 months;
(iii)Â Â Â Â to return from
a period of maternity, adoption or parental leave on a part-time basis until
the child reaches school age,
to assist the employee in reconciling work and parental
responsibilities.
(b)Â Â Â Â Â The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c)      The employee’s
request and the employer’s decision made under paragraphs (a)(ii) and (a)(iii)
of this Part must be recorded in writing.
(d)Â Â Â Â Â Where an
employee wishes to make a request under paragraph (a)(iii) of this Part:
(i)Â Â Â Â Â Â the employee is
to make an application for leave without pay to reduce their full-time weekly
hours of work;
(ii)Â Â Â Â Â such
application must be made as early as possible to enable the employer to make
suitable staffing arrangements. At least four weeks’ notice must be given
(iii)Â Â Â Â salary and
other conditions of employment are to be adjusted on a basis proportionate to
the employee’s full-time hours, that is for long service leave the period of
service is to be converted to the full-time equivalent and accredited
accordingly.
E.       Communication
During Leave
(a)Â Â Â Â Â Â Where an
employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the employer
shall take reasonable steps to:
(i)Â Â Â Â Â Â make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing leave; and
(ii)Â Â Â Â Â provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing leave.
(b)Â Â Â Â Â The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of leave to be
taken, whether the employee intends to request to return to work on a part-time
basis.
(c)Â Â Â Â Â Â 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 (a) of this
Part.
32A. Lactation Breaks
(i)Â Â Â Â Â Â 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)Â Â Â Â Â 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)Â Â Â Â 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)Â Â Â Â 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)Â Â Â Â Â Â 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)Â Â Â Â 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)Â Â Â 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.
33. Study Leave
Employees shall be granted Study leave on such terms and
conditions prescribed by the NSW Health Policy Directive PD2019_010, Leave
Matters for the NSW Health Service, as amended or replaced from time to time.
34. Trade Union Leave
Employees shall be granted trade union leave on such terms
and conditions prescribed by the NSW Health Policy Directive PD2019_010, Leave
Matters for the NSW Health Service, as amended or replaced from time to time.
35. Long Service Leave
(a)Â Â Â Â Â Â Employees shall
be granted long service leave on such terms and conditions as may be applicable
from time to time to employees employed under the provisions of the Government
Sector Employment Act 2013, and the regulations made thereunder, as amended
from time to time. This includes the taking of long service leave on half pay.
(b)Â Â Â Â Â Â Where an
employee has accrued a right to an allocated day off duty on pay prior to
entering a period of long service leave, such day shall be taken on the next
working day immediately following the period of long service leave.
(c)Â Â Â Â Â Â An employee
returning to duty from long service leave shall be given the next allocated day
off duty in sequence, irrespective of whether sufficient credits have been
accumulated or not.
36. Sick Leave
(a)Â Â Â Â Â Â If the Service
is satisfied that an employee is unable to perform his or her duties on account
of illness, not attributable to the employee's misconduct, it shall grant to
such employee leave of absence on full pay for a period or periods as follows:
(i)Â Â Â Â Â Â All employees
shall be entitled to sick leave for a period or periods not exceeding in the
aggregate 114 hours in any period of 12 months.
(ii)Â Â Â Â Â Sick leave
hours will be deducted at a rate equal to the length of the shift for which the
employee was rostered i.e. sick leave hours will be deducted for the equivalent
number of ordinary hours that would otherwise have been worked.
(iii)Â Â Â Â In the event of
an employee not taking the full period of 114 hours in any period of 12 months,
the untaken period of such leave shall accumulate.
A maximum of 76 hours of the untaken hours in each
period of 12 months shall accumulate in respect of available sick leave which
accumulated prior to 20 June 1980.
(iv)Â Â Â Â Periods of less
than 38 hours shall not be re-credited to employees who are sick whilst on
annual leave or long service leave.
(b)Â Â Â Â Â Â The Service
shall not, with the sole object of avoiding obligations under this clause,
terminate the services of an employee who is unable to perform his or her
duties on account of illness and who is entitled to sick leave under this
clause.
(c)Â Â Â Â Â Â The employee
shall notify the Service, where practicable, of his or her inability to attend
for duty at least four hours but in any case no less than one hour before the
commencement time of duty and inform the Service, as far as possible, the
estimated duration of same.
(d)Â Â Â Â Â Â All periods of
sickness shall be certified by a legally qualified medical practitioner,
provided however, that the Service may dispense with the requirements of a
medical certificate where the absence does not exceed two consecutive days or
where, in the Services opinion, circumstances are such as not to warrant such
requirements.
(e)Â Â Â Â Â Â An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to accident pay or workers' compensation;
provided, however, that where an employee is not in receipt of accident pay,
the Service shall pay to an employee, who has sick leave entitlements under
this clause, the difference between the amount received, as workers'
compensation and full pay. The employee's sick leave entitlement under this
clause shall, for each week during which such difference is paid, be reduced by
the proportion of hours which the difference bears to full-time hours. On the
expiration of available sick leave, weekly compensation payments only shall be
payable.
(f)Â Â Â Â Â Â Any
accumulation of sick leave standing to the credit of an employee as at 6
February 1998 shall be added to the leave which is accumulated pursuant to
paragraph (a)(iii) of this clause.
SECTION 6 -MISCELLANEOUS
37. Uniforms
(a)
(i)Â Â Â Â Â Â The Service
shall provide each new employee with sufficient, suitable and serviceable
uniforms.
(ii)Â Â Â Â Â The Service
will provide uniforms in accordance with its Uniform Policy, as amended or
replaced from time to time. Any change to the policy will be the subject of
consultation.
(iii)Â Â Â Â Uniforms
provided shall be replaced by the Service upon condemnation in equivalent
numbers.
(iv)Â Â Â Â The Service
shall provide any other special clothing which the Service requires an employee
to wear.
(v)Â Â Â Â Â Articles of
uniform and special clothing issued under paragraph (i) and (iv) of this
subclause remain the property of the Service and shall be returned by the employee
upon request by the Service.
(b)Â Â Â Â Â Â Any request for
uniform replacement by the Service or an employee will not be unreasonably
refused.
(c)Â Â Â Â Â Â Employees
required to wear a uniform shall be paid a laundry allowance as prescribed in
Item 13 of Table 2A - Allowances of Section 8, Monetary Rates.
38. Accommodation
(a)Â Â Â Â Â Â One-Officer
Branch Stations - As compensation for time on-call, employees shall be given
accommodation rent free and shall be supplied, without charge, with fuel and
light. The on-call allowance as set out in paragraph (f)(i) and (f)(ii) of
clause 23, Employees On Call, shall not apply.
Employees shall be given relief from duty from duty for
not less than two full days in each working week or four full days in each two
working weeks, unless otherwise agreed between the parties, and shall be paid
the maximum rate prescribed by this Award for Paramedics.
Days of relief from duty for an employee who works on a
roster other than a modified hours roster may be accumulated by mutual
arrangement between the employee and the Service up to a maximum of eight days.
Nothing in this subclause shall be deemed to prohibit an employee in a
one-officer branch station from temporarily leaving the station at times when
he or she is rostered on duty or on-call after having made arrangements
satisfactory to the Service for the proper carrying on by him or her of the
service during the temporary absence.
(b)Â Â Â Â Â Â Two-Officer
Branch Stations - If an employee is supplied with quarters attached to an
ambulance station, the maximum weekly rent shall not exceed the weekly on-call
allowance specified in Item 4 of Table 2A - Allowances of Section 8, Monetary
Rates.
(c)Â Â Â Â Â Â Rental for all
other employees will be subject to such terms and conditions prescribed by the
Ministry’s Policy Directive PD2009_061 Accommodation - Health Owned -
Consideration of Rental/Market Rental Assistance Grant, as updated or replaced
from time to time.
(d)Â Â Â Â Â Â Where an
employee is provided with accommodation and is transferred or resigns, he or
she shall be given not less than four weeks’ notice to vacate such
accommodation, such notice to take effect from the date of notification of
transfer or resignation.
39. Lockers and
Showers
(a)Â Â Â Â Â Â The Service
shall provide for the use of the employees hot and cold showers and washbasins
and for each employee a locker with suitable hanging facilities. Lavatory
accommodation, when situated in shower or locker rooms, shall be effectively
partitioned there from.
(b)Â Â Â Â Â Â Lockers may
only be opened for inspection in the presence of the employee but in cases
where the employee neglects or refuses to be present or in any circumstances
where notice to the employee is impracticable such inspection may be carried
out in the absence of the employee by an employee of the Service appointed by
the Chief Executive, or his or her nominee, and if practicable an Union
Sub-Branch Officer, otherwise by any two employees of the Service, one of whom
is nominated by the Union
40. Union
Subscriptions
The Service agrees, subject to prior written authorisation
by the employee, to deduct Union Subscriptions from the pay of the authorising
employee.
41. Union Notice
Boards
Each ambulance station and ambulance workplace shall permit
a notice board of reasonable dimensions to be erected in a prominent position
upon which the Union representatives shall be permitted to post Union notices.
SECTION 7 - AWARD PARAMETERS
42. Issues Resolution
(a)Â Â Â Â Â Â The parties
must:
(i)Â Â Â Â Â Â Use their best
endeavours to cooperate in order to avoid grievances and disputes arising
between the parties or between the Service and individual employee(s); and
(ii)Â Â Â Â Â Abide by the
procedures set out in this clause to resolve any issue which might arise; and
(iii)Â Â Â Â Place emphasis
on negotiating a settlement of any issue at the earliest possible stage in the
process.
(b)Â Â Â Â Â Â In this clause,
"issue" means any question, issue, grievance, dispute or difficulty
which might arise between the parties about:
(i)Â Â Â Â Â Â The
interpretation, application or operation of this Award; or
(ii)Â Â Â Â Â Any allegation
of discrimination in employment within the meaning of the Anti-Discrimination
Act 1977 which is not covered by established policies and procedures
applicable to the Service, regardless of whether the issue relates to an
individual employee or to a group of employees.
(c)Â Â Â Â Â Â Any issue, and
in the case of a grievance or dispute, any remedy sought, must be discussed in
the first instance by the employee(s) (or the Union on behalf of the
employee(s) if the employee(s) so request) and the immediate supervisor of that
employee(s).
(d)Â Â Â Â Â Â If the issue is
not resolved within a reasonable time, it must be referred by the employee(s)
immediate supervisor to his or her supervisor (or his or her nominee) and may
be referred by the employee(s) to the Union Organiser for the Service.
Discussions at this level must take place and be concluded within two working
days of referral or such extended period as may be agreed.
(e)Â Â Â Â Â Â If the issue
remains unresolved, it may be referred by any of the parties to more senior
officials of the Union who must then confer with the Chief Executive (and/or
his/her nominee(s)) of the Service. The conclusions reached by those
representatives must be reported to the parties within two working days of
referral or such extended periods as may be agreed.
(f)Â Â Â Â Â Â If these
procedures are exhausted without the issue being resolved, or if any of the
time limits set out in those procedures are not met, parties may seek to have
the matter mediated by an agreed third party, or the matter may be referred, in
accordance with the provisions of the Industrial Relations Act 1996, to
the Industrial Relations Commission of New South Wales for its assistance in
resolving the issue.
(g)Â Â Â Â Â Â 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:
(i)Â Â Â Â Â Â Immediately
before the issue arose; or
(ii)Â Â Â Â Â Immediately
before any change to those procedures or practices, which caused the issue to
arise, was made.
The Service must ensure that all practices applied
during the operation of these procedures are in accordance with safe working
practices.
(h)Â Â Â Â Â Â Throughout all
the stages of these procedures, adequate records must be kept by the parties of
all discussions.
(i)Â Â Â Â Â Â These
procedures are to be facilitated by the earliest possible advice by one party
to the other of any issue or problem which may give rise to a grievance or
dispute.
(j)Â Â Â Â Â Â All matters in
dispute arising out of the application of this Award may be referred to a
disputes committee consisting of not more than six members with equal
representatives of the Service and the Union. Such committee shall have the
power to investigate all matters in dispute and report to the Service and the
Union, respectively, with such recommendation as it may think right and, in the
event of no mutual decision being arrived at by the Committee, the matter in
dispute may be referred to the Industrial Relations Commission of New South
Wales.
43.Â
Anti-Discrimination
(a)Â Â Â Â Â Â It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
(b)Â Â Â Â Â Â It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(c)Â Â Â Â Â Â Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(d)Â Â Â Â Â Â Nothing in this
clause is to be taken to affect:
(i)Â Â Â Â Â Â Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(ii)Â Â Â Â Â Offering or
providing junior rates of pay to persons under 21 years of age;
(iii)Â Â Â Â Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv)Â Â Â Â A party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(e)Â Â Â Â Â Â This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES -
(i)Â Â Â Â Â Â Employers and employees
may also be subject to Commonwealth anti-discrimination legislation.
(ii)Â Â Â Â Â 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."
44. Benefits Not to be
Withdrawn
Except in so far as altered expressly or by necessary
implication, nothing in this Award shall in itself be deemed, or be construed
to reduce the wages of any employee at the date of the commencement of this
Award.
45. Exemptions
(a)Â Â Â Â Â Â On and from 25
November 1977, in respect of conditions of employment relating to meals, meal
breaks, on-call, Sunday penalty rates, annual leave, annual leave loading, sick
leave, Relieving other members of staff, hours, working week and the issue of
shoes or boots, gauntlets or gloves for employees attached to the former Hunter
Region Ambulance District (as delimited by the New South Wales Ambulance
Transport Service Board at a meeting held on 8 February 1963), reference is to
be made to Determinations of the Health Commission dated 25 November 1977 and
14 December 1979.
For the purposes of this, the Hunter Ambulance District
shall mean the Hunter Ambulance District as delimited by the New South Wales
Ambulance Transport Service Board at a meeting held on 8 February 1963, viz:
Commencing on the coast between Munmorah Lake and
Tuggerah or Budgewoi or Middle Lake, thence in a westerly direction to the
northern shore of Tuggerah or Budgewoi or Middle Lake, thence by the northern
shore of that Lake (including Budgewoi, Halekulani and Buff Point) to Wallarah
Creek, thence in a straight line to the junction of the MacDonald River and
Yengo (or Boree) Creek, thence by the MacDonald River in a northerly direction
to where it joins the Wareng (or Howes Valley) Creek, thence by the Big Broken
Back Range to Payne’s Crossing, thence in a straight line to "Mistletoe",
thence by the road to Belford Railway Station, thence by the Main Northern
Railway line to Black Creek and by the road from Stanhope to Cranky Corner and
then by the road to "The Pass", thence by a straight line to Mount
Royal, thence in a straight line to Eccleston, thence by the road to Salisbury
Gap, then on to (but excluding) Salisbury, thence by the Wallorobba Range to
the Railway Gates on the North Coast Railway Line, thence by the road to
Wallarobba, thence by the most direct road to where it meets the
Dungog-Clarencetown Road south of Brookfield, thence by that road to the bridge
over the Williams River at Clarencetown (including Clarencetown), thence by
that road to a point one mile south of Limeburners Creek, thence by a straight
line to Dark Point on the coast, thence by the coast to the point of
commencement.
(b)Â Â Â Â Â Â This exemption
shall only apply to those employees employed as such immediately prior to 14
October l992.
46. 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.
47. Area, Incidence
and Duration
(a)Â Â Â Â Â Â This Award
rescinds and replaces the Paramedics and Control Centre Officers (State) Award
2019 published 20 March 2020 (387 I.G. 125), and all variations thereof.
(b)Â Â Â Â Â Â It shall apply
to all employees as defined in this Award, employed by the Ambulance Service of
New South Wales, excluding the County of Yancowinna, and shall regulate the
terms and conditions of employment of such employees.
(c)Â Â Â Â Â Â This Award
takes effect from 1 July 2021 and shall remain in force for a period of one
year.
SECTION 8 - MONETARY RATES
Table 1A - Wages
|
Classification
|
Rates
from first full pay
|
|
|
period
on or after (ffppoa)
|
|
|
01/07/2021
|
|
|
2.04%
|
|
|
$
per week
|
|
Patient Transport Officer
|
|
Year 1
|
1,067.99
|
|
Year 2
|
1,115.60
|
|
Trainee Paramedic
|
|
One Salary Rate
|
1,246.25
|
|
Paramedic Intern
|
|
Year 1
|
1,281.61
|
|
Year 2
|
1,306.14
|
|
Paramedic
|
|
Year 1
|
1,390.02
|
|
Year 2
|
1,490.45
|
|
Paramedic Specialist
|
|
Year 1
|
1,602.05
|
|
Year 2
|
1,646.14
|
|
Year 3
|
1,695.59
|
|
Critical Care Paramedic
(Aeromedical)
|
|
Year 1
|
1,792.69
|
|
Year 2
|
1,839.14
|
|
Critical Care Paramedic (Aeromedical)
Team Leader
|
|
One Salary Rate
|
1,931.08
|
|
Team Leader
|
|
One Salary Rate
|
1,780.43
|
|
Station Manager
|
|
One Salary Rate
|
1,848.39
|
|
District Manager
|
|
One Salary Rate
|
1,916.14
|
|
Clinical Training Officer
|
|
One Salary Rate
|
1,916.14
|
|
Clinical / Paramedic Educator
|
|
Year 1
|
2,332.17
|
|
Year 2
|
2,490.35
|
Table 1B - Control Centre Staff - Wages
|
Classification
|
Rates
from first full pay
|
|
|
period
on or after (ffppoa)
|
|
|
01/07/2021
|
|
|
2.04%
|
|
|
$
per week
|
|
Ambulance Control Centre -
Non-Paramedic
|
|
Trainee
|
1,290.21
|
|
Year 1
|
1,326.79
|
|
Year 2
|
1,352.25
|
|
Ambulance Control Centre
Paramedic
|
|
Year 1
|
1,438.61
|
|
Year 2
|
1,543.01
|
|
Ambulance Control Centre
Paramedic Specialist
|
|
Year 1
|
1,579.58
|
|
Year 2
|
1,633.34
|
|
Year 3
|
1,684.20
|
|
Duty Control Centre Officer
|
|
Non-Paramedic
|
|
One Salary Rate
|
1,851.94
|
|
Paramedic
|
|
One Salary Rate
|
1,903.24
|
|
Senior Control Centre Officer
|
|
One Salary Rate
|
1,957.10
|
|
Aeromedical Control Centre
Officer
|
|
One Salary Rate
|
1,946.23
|
Table 2A - Allowances
|
Item
No.
|
Clause
|
Allowance
Description
|
Rates
from first full
|
|
|
|
|
pay
period on or after
|
|
|
|
|
01/07/2021
|
|
|
|
|
2.04%
|
|
|
|
|
$
|
|
1
|
5
|
Specialist Allowance (per
week)
|
49.90
|
|
2
|
5
|
Rescue (Standby) Allowance
(per week)
|
17.20
|
|
3
|
23
|
On Call Allowance (AO) (per
24 hours)
|
24.20
|
|
4
|
23
|
On Call Allowance (AO) (per
week)
|
96.90
|
|
5
|
5
|
Ambulance Studies Certificate
Allowance
|
29.30
|
|
|
|
(current recipients only)
(per week)
|
|
|
6
|
13
|
Climatic and Isolation
Allowance - (a) ** (per week)
|
4.90
|
|
7
|
13
|
Climatic and Isolation
Allowance - (b) ** (per week)
|
9.70
|
|
8
|
15
|
Travelling Meal Allowance**
(each)
|
31.95
|
|
9
|
15
|
Meal Away from Station **
(each)
|
31.95
|
|
10
|
15(c)(ii)
|
Crib Away from Station **
(each)
|
15.98
|
|
11
|
24
|
Overtime Meal Allowance **
(each)
|
31.95
|
|
13
|
37
|
Laundry ** (per week)
|
14.00
|
** This is not subject to Award wages increases.
Table 2B - Additional Allowances
Uniformed Control
Centres Staff
|
Item
No.
|
Clause
|
Allowance
Description
|
Rates from first
full
|
|
|
|
|
pay period on or
after
|
|
|
|
|
01/07/2021
|
|
|
|
|
2.04%
|
|
|
|
|
$
|
|
1
|
5
|
Control Centre (Standby) (per
week)
|
25.80
|
|
2
|
5
|
Control Centre Allowance (per
week)
|
102.20
|
|
|
|
(This Allowance is only
applicable to Paramedics,
|
|
|
|
|
Paramedic Specialists, Team
Leaders, Station Managers
|
|
|
|
|
and District Managers. Such
an allowance is cumulative
|
|
|
|
|
on other allowances paid to
the employee at the time).
|
|
|
3
|
5
|
Duty Control Centre Air
Ambulance (per week)
|
16.10
|
|
|
|
(Transitional Allowance
applicable only to officers
|
|
|
|
|
employed as Air Ambulance
Co-ordination Officers as
|
|
|
|
|
at 6 February 1998)
|
|
Table 2C - Living Away From Home Allowance
|
Clause
|
Allowance
Description
|
Rates from first
full
|
|
|
|
pay period on or
after
|
|
|
|
01/07/2021
|
|
|
|
2.04%
|
|
|
|
$
|
|
16
|
Living Away From Home Tier 1 * (per day)
|
136.45
|
|
16
|
Living Away From Home Tier 2 * (per day)
|
126.15
|
*This is not subject to Award wages increases.
____________________
Printed by
the authority of the Industrial Registrar.