Operational Ambulance Managers (State) Award 2022
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by NSW Ministry of Health.
(Case No. 190601 of 2022)
Before Chief
Commissioner Constant
|
20 July 2022
|
AWARD
1. Title
This Award shall be
known as the Operational Ambulance Managers (State) Award 2022 ("the
Award").
2. Arrangement
Clause No. Subject
Matter
1. Title
2. Arrangement
SECTION 1.
GENERAL
3. Object
4. Definitions
5. Classification Descriptions
6. Work Arrangements
SECTION 2.
EMPLOYMENT CONDITIONS
7. Employees Duties
8. Vacancies & Promotion
9. Appointment of Officers
10. Roster Leave
11. Reasonable Hours
12. Public Holidays
13. Termination of Employment
SECTION 3.
SALARIES AND MONETARY ENTITLEMENTS
14. Salaries
15. Payment and Particulars of Salaries
16. Climatic & Isolation Allowance
17. Travel Allowances
18. Relieving Other Members of Staff
19. Salary Sacrifice to Superannuation
20. Salary Packaging
SECTION 4. LEAVE
ENTITLEMENTS
21. Annual Leave
22. Annual Leave Loading
23. Family & Community Leave &
Personal Carers Leave
23A. Family Violence Leave
24. Maternity, Adoption & Parental Leave
24A. Lactation Breaks
25. Study Leave
26. Trade Union Leave
27 Long Service Leave
28. Sick Leave
SECTION 5.
MISCELLANEOUS
29. Uniforms
30. Union Subscriptions
31. Accommodation
SECTION 6. AWARD
PARAMETERS
32. Issues Resolution
33. Anti-Discrimination
34. Benefits Not to Be Withdrawn
35. No Extra Claims
36. Area Incidence & Duration
SECTION 7.
MONETARY RATES
Table 1 -
Salaries
Table 2 -
Allowances
SECTION 1. GENERAL
3. Object
The parties seek to
achieve excellence in the provision of ambulance services for New South Wales
through an efficient and effective pre-hospital emergency care and health
related transport system.
4. Definitions
"The
Department" means the New South Wales Department of Health.
"Employee"
means an Officer/Superintendent/Operational Manager of the Service who is
employed in the Service in a classification contained in this Award.
"Employer"
means the Secretary of the Ministry of Health exercising employer functions on
behalf of the Government of New South Wales.
"Officer/Superintendent/Operational
Manager" means an employee of the Service who is employed pursuant to this
Award.
"Service"
means continuous service with one or more District Committees prior to 13 April
1973, and continuous service as a servant of the New South Wales Ambulance
Board on and from 13 April 1973, and continuous service as a servant of the
Commission on and from 1 January 1977 and continuous service as a servant of
the Corporation on and from 17 August 1982 and continuous service with the NSW
Department of Health on and from 17 March 2006, and continuous service with the
Ministry of Health on and from 5 October 2011.
"The
Service" means the Ambulance Service of New South Wales.
"Union"
means the Health Services Union NSW.
The "Working
Week" for the purpose of this Award shall commence on Saturday and finish
on Friday.
5. Classification Descriptions
"Ambulance
Manager Level 1" means an employee who has the following responsibilities,
skills and attributes:
Accountability
for ensuring funds are expended according to approved budgets and for ensuring
targets are met
Responsibility
to provide regular feedback and appraisal regarding the performance of staff
Responsibility
for maintaining effective relationships with a range of stakeholders within the
Service to ensure the Service’s priorities are met
Assist
with the development and implementation of policies, procedures, standards and
practices for the Service
Responsibility
and accountability for providing a professional level of services to the
Service or oversee the management of aspects of services and the staff
Understanding
and commitment to the Service’s priorities
Capacity
to direct all operational facets based on strategic and business plans
Ability
to ensure budget targets are met
Capacity
to undertake performance appraisal of staff and ability to develop performance
measures
Effective
communication and interpersonal skills
Assist
with the development and implementation of policies, procedures, standards and
practices
Able
to meet pre-determined targets and deadlines
Ability
to be flexible and adapt work practices to suit circumstances
"Ambulance
Manager Level 2" means an employee who is required to demonstrate the
following responsibilities, skills and attributes to a level greater than that
required for a Level 1 Ambulance Manager:
Accountability
for allocation and/or expenditure of resources and ensuring targets are met
Responsibility
for ensuring optimal budget outcomes for their customers and communities
Responsibility
for providing regular feedback and appraisals for senior staff to improve
health outcomes for customers and for maintaining a performance management system
Responsibility
for providing support for the efficient, cost effective and timely delivery of
services
High
level of leadership, communication and interpersonal skills
Capacity
to exercise creative and entrepreneurial solutions to improve productivity and
effectiveness for customers
Proven
negotiation and delegation skills
Ability
to motivate and co-ordinate staff
Ability
to provide input, interpret, monitor and evaluate policies, procedures and
standards for customers
Capacity
to design strategic and business objectives
Ability
to develop performance measures
"Ambulance
Manager Level 3" means an employee who is required to demonstrate the
following responsibilities, skills and attributes to a level greater than that
required for a Level 2 Ambulance Manager:
Responsibility
for reviewing senior staff performances through regular appraisal to improve
health outcomes for patients and for maintaining a performance management
system
Responsibility
to maintain effective relationships and communication to ensure that corporate
goals and priorities of the Health System are met
Responsibility
for providing timely delivery of services and accountable to the appropriate
Executive
Responsibility
for contributing to the development and implementation of business plans
Requirement
to make judgements and may in some cases, be delegated responsibility to
approve changes in standard practice and procedures
Excellent
leadership, communication and interpersonal skills
Highly
developed and effective management skills
Ability
to develop, monitor and reach predicted outcomes to strategic and business
plans
Highly
developed and effective negotiation and delegation skills
Proven
capacity to manage multi-disciplinary groups
Ability
to make judgements and have sole delegated responsibility to approve changes in
standards, practices, policies and procedures
"Ambulance
Manager Level 4" means an employee who is required to demonstrate the
following responsibilities, skills and attributes to a level greater than that
required for a Level 3 Ambulance Manager:
Responsibility
for ensuring optimal health outcomes within budget for their customers and
communities
Accountability
for allocating resources and ensuring budgets are effectively met
Responsibility
for developing appropriate strategies to manage budget changes in a timely manner
Requirement
to make complex judgements and make appropriate changes in standard practices,
policies and procedures
Staff
at this level are expected to develop/implement strategic business plans and
ensure budgets are allocated and targets met
System-wide
view of health care provision and management to improve health outcomes for
customers
Excellent
strategic planning and policy development skills
Proven
management expertise at a senior level
Competent
to make complex judgements and take initiatives through delegated
responsibilities
"Ambulance
Manager Level 5" means an employee who is required to demonstrate the
following responsibilities, skills and attributes to a level greater than that
required for a Level 4 Ambulance Manager.
(a) Authority & Accountability
Freedom to
operate within delegated authority, performance agreement, and Service or
Health policy
Recommend
service priorities
Exercise
judgement within delegations
Formulate
policy and deliver programs in line with performance agreement
Involvement in
the development of long-term strategies
Report directly
to a member of the Service’s executive
Budget
management and responsibility for significant budget amount, or
Management of
complex area service or unit, requiring specialist advice and input
Adherence to
the Accounts and Audit and Determination for Area Health Services and all
Statutory Requirements
(b) Judgement & Problem-Solving
Exercise
judgement and problem solving in service policy areas
Frequent resolution
of unusual and complex problems
Develop
business strategies and business plans
Develop ideas,
optional action plans, courses of action
Anticipate and
resolve problems in a challenging and dynamic environment
Seek advice
when there is no existing policy or precedent
Use of
evidence-based decision-making to back up decisions
Sound ability
to solve problems using innovative, creative solutions
High level of
technical expertise
Provision of
high level of expert advice and sound judgement
Independent
decision-making; exercising independent judgement
Has a sound
understanding of political and cross-Area Health Service issues and how they
impact on the organisation
Actively
develop strategic partnerships
(c) Leadership & Management Skills
Provide
leadership, management and direction
Actively
contributes to shaping the organisation’s strategic plan
Ensures that
the strategic plan is outcome-focussed, takes into account the short and
long-term priorities, and is achievable
Actively monitors
progress towards the achievement of the strategic vision
Achieve set
objectives
Resolve
conflict
Address and
prioritise competing demands
Lead and manage
organisation change on an area-wide basis
Build
appropriate organisation values and culture
Anticipate
problems and develop contingency strategies to meet complex situations
Applies
intellectual rigour to all aspects of their work
(d) Personal & Interpersonal Skills
Provide
specialist advice
Lead, persuade,
motivate and negotiate at senior levels
Ability to deal
with people at all levels
Communicate and
liaise effectively at all levels within the organisation
Spokesperson
for area of responsibility (media, public)
Effective
community liaison and communication
Effectively
self-manages
Innovative
& lateral thinker
Flexible &
responsive
Supports a
reflective learning/quality culture that enables both individuals and the
organisation to develop
Articulates and
promotes the organisation’s vision and goals
Promotes an
environment in which traditional ways of thinking are challenged and debate is
encouraged
Provides
effective role-modelling
Celebrates
achievements and encourages innovation
(e) Outcomes & Performance
Formal personal
agreement with CEO or the relevant General Manager.
Significant
impact on service achievements and targets
Formal
performance agreements with direct reports
Achievement of
best practice
Monitoring and
compliance with all professional standards
Responsible for
Service-wide service delivery
6. Work Arrangements
(a) Work will be performed by the most
efficient means.
(b) The parties agree that there will be no
forced transfers as a result of the implementation of subclause (a) of this
clause.
(c) Any proposal that will significantly
affect employees covered by the Union will be the subject of genuine
consultation between the parties.
(d) Any dispute arising from the operation of
this clause will be dealt with in accordance with clause 32, Issues Resolution,
of this Award.
SECTION 2. EMPLOYMENT
CONDITIONS
7. Employees’ Duties
(a) The Service may direct an employee to
carry out such duties as are reasonable, and within the limits of the employee’s
skills, competence and training consistent with the employee’s classification
provided that such duties are not designed to promote de-skilling.
(b) The Service may direct an employee to
carry out such duties and use such tools and equipment as may be required
provided that the employee has been properly trained and is currently certified
in the use of such tools and equipment.
(c) Any direction issued by the Service
pursuant to subclause (a) and (b) shall be consistent with the Service’s
responsibilities to provide a safe and healthy working environment.
(d) The application of subclause (a) of this
clause shall be undertaken in a fair, reasonable and sensible manner.
8. Vacancies & Promotion
(a) Advertisements of vacant positions shall
be notified throughout the Service by regular Vacancy Circulars clearly
displayed on Notice Boards at all Ambulance Stations and Ambulance Workplaces.
(b) Appointments shall be made on the basis
of merit.
(c) The vacancy shall be filled from
applications received provided that the Service can re-advertise the position
if necessary.
9. Appointment of Officers
(a) An employee employed under this Award
shall be engaged as a full-time employee, a permanent part-time employee or a
temporary employee.
(b) Every employee will be provided with a
Position Description commensurate with his or her position which he or she will
be required to sign. The position description will outline the duties to be
performed in addition to the key competencies and accountabilities required for
the position.
(c) All employees will be required to enter
into a Performance Agreement.
(d) Every employee who is appointed to a
Superintendent/Operational Manager position advertised/created after the date
of the making of this Award will be required to continue to meet the minimum
requirements for that position.
(e) Permanent Part-Time Employee
(i) A permanent part-time employee is one who
is permanently appointed by the Service to work a specified number of days each
week which are less than those prescribed for a full-time employee, except in
emergent or urgent circumstances.
(ii) Permanent part-time employees shall be
paid an hourly rate calculated on the basis of 1/38th of the weekly rate
(annual rate/52.17857) prescribed in Table 1, Salaries, of Section 7 of this
Award.
(iii) Permanent part-time employees shall not be
entitled to additional rostered leave days off duty as prescribed in subclause
(a) of clause 10, Roster Leave, of this Award.
(iv) Permanent part-time employees shall be
entitled to all other benefits not otherwise expressly provided for herein in
the same proportion as the average days per week bear to fulltime employment.
(v) Permanent part-time employees shall be
entitled to payment of the allowances prescribed by clause 16, Climatic and
Isolation Allowance, of this Award in the same proportion as the average hours
worked per week bear to full-time hours.
(vi) The parties recognise that permanent
part-time employment will provide flexible working arrangements for employees
to cater for personal requirements such as family responsibilities.
(f) Temporary Employee
(i) A temporary employee is engaged for a
continuous fixed period of time to carry out a specific task. Such task may
include the provision of relief for permanent employees, conduct of specific
projects or the provision of services which are not recurrent in nature.
(ii) A temporary employee may be fulltime or
part-time.
(iii) Time worked up to the rostered daily
ordinary hours of work prescribed for a majority of the full-time employees
employed on that shift in the station, unit or section concerned shall not be
regarded as overtime but an extension of the contract hours for that day and
shall be paid at the ordinary rate of pay.
(iv) Temporary employees will be required to
undertake and successfully complete all the requirements applicable to
permanent fulltime employees.
10. Roster Leave
(a) Each employee shall be granted nine (9)
days of absence in each period of 28 days with the ninth day of absence being
designated the Additional Rostered Leave day off duty.
(b) Such time off duty may be granted weekly
or allowed to accumulate for 28 days, provided that when it is not convenient
for the Service to grant the full amount of leave due under this clause in each
period of 28 consecutive days, the employee shall not be called upon to forfeit
such leave.
(c) Leave under this clause shall not be
allowed to accumulate to more than twelve (12) days.
(e) Subject to clause 13, Termination of
Employment, subclause (c), of this Award, payment in lieu of roster leave shall
not be made.
11. Reasonable Hours
(a) An employee may refuse to work overtime
in circumstances where the working of such overtime would result in the
employee working hours which are unreasonable.
(b) For the purposes of subclause (b) what is
reasonable or otherwise will be subject to subclause (b) an employer may
require an employee to work reasonable overtime at overtime rates.
(c) Determined having regard to:
(i) Any risk to employee health and safety;
(ii) The employee’s personal circumstances
including any family and carer responsibilities;
(iii) The needs of the workplace or enterprise;
(iv) The notice (if any) given by the employer
of the overtime and by the employee of his or her intention to refuse it; and
(v) Any other relevant matter.
12. Public Holidays
(a) For the purpose of this clause, the
following shall be public holidays, viz: New Year’s Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Local Labour
Day, Christmas Day and Boxing Day.
(b)
(i) An employee to whom paragraph (a)(i) of
clause 21, Annual Leave, of this Award, applies, and who is required to and
does work on a public holiday or a special public holiday proclaimed for the
State of New South Wales shall be paid for the time actually worked at the rate
of double time and one half.
(ii) An employee to whom paragraph (a)(ii) of
clause 21, Annual Leave, of this Award, applies, and who is required to and
does work on a public holiday or a special public holiday proclaimed for the
State of New South Wales shall be paid for the time actually worked at the rate
of time and one half.
(iii) For the purpose of 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 1,
Classification Structure of this Award.
(c) Special Public Holidays proclaimed for
the State of New South Wales are to be granted or payment made as prescribed in
subclause (b)(i) and (b)(ii) of this clause, if not granted. Where an employee
works on a seven day per week basis as set out in paragraph (a)(ii) of clause
21, Annual Leave, of this Award, and the employees rostered day off or annual
leave falls due on such day, the employee shall be paid, in addition to the
employee’s appropriate weekly rate of pay, an extra day’s pay at ordinary
rates.
(d) In addition to those public holidays
specified in subclause (a) of this clause, employees shall be entitled to an
extra public holiday each year. Such public holiday will occur on a date
determined by the Service and shall be regarded, for all purposes of this
clause, as any other public holiday.
13. Termination of Employment
(a) Employment shall be terminated by four
(4) weeks’ notice in writing by either party or by the giving or forfeiting, as
the case may be, of four weeks wages in lieu of notice. Notwithstanding this
the Service shall have the right to terminate an employee’s employment without
notice for serious or wilful misconduct in which case wages shall be paid up to
the time of dismissal only.
(b) The Service shall, upon request by the
employee, give the employee a signed statement outlining the period of
employment.
(c) Employees with a credit of any additional
rostered leave day off duty shall be paid for such accrual upon termination.
SECTION 3. SALARIES AND
MONETARY ENTITLEMENTS
14. Salaries
(a) Employees who are appointed to an
Operational Management position shall be allocated to one of the classification
levels as set out in Table 1, Classification Structure, of this Award, and
shall not be paid less than the minimum level for that position.
(b) An employee who successfully applies for
a position covered by this Award where the salary band encompasses his or her
current salary will be appointed at no less than his or her current salary.
(c) An employee who successfully applies for
a position which carries a higher minimum salary level than his or her current
salary will be appointed at no less than the minimum of the applicable salary
band.
(d) Once the appointed employee’s salary has
been determined in accordance with subclause (a), (b) or (c) of this clause,
the employee’s salary will move in accordance with the percentage increases
applicable under this Award.
(e) Further increases over and above the
percentage increases applicable under subclause (d) of this clause will occur
based on the employee’s work performance that will be measured against their
Performance Agreement.
(f) Any dispute arising from the operation of
this clause shall be dealt with in accordance with clause 32, Issues
Resolution, of this Award.
15. Payment and Particulars of Salaries
(a) Wages shall be paid fortnightly by
electronic transfer.
(b) For each pay-day, employees shall be
furnished with a statement showing the gross amount of ordinary wages and
penalties together with separate details of all deductions.
(c) Employees shall have their salary paid
into one account with a bank or other financial institution in New South Wales
as nominated by the employee except where agreement as to another method of
payment has been reached between the Service and the Union due to isolation.
(d) Salaries shall be deposited by the
Service in sufficient time to ensure that wages are available for withdrawal by
employees no later than pay day.
This
requirement shall not apply where employees nominate accounts with non-bank
financial institutions which lack the technological or other facilities to
process salary deposits within 24 hours of the Service making their deposits.
In such cases the Service shall take all reasonable steps to ensure that wages
are available for withdrawal by no later than pay-day.
16. Climatic and Isolation Allowance
(a) Subject to subclause (b) of this clause,
employees attached to Ambulance Stations situated upon or to the West of a line
drawn as herein specified, shall be paid the allowance specified in Table 2,
Allowances of Section 7 of this Award, in addition to the salary to which they
are otherwise entitled. The line shall be drawn as follows, viz:
Commencing at
Tocumwal and thence to the following towns in the order stated, namely -
Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri,
Inverell and Bonshaw.
(b) Employees attached to Ambulance Stations
situated upon or to the West of a line drawn as herein specified shall be paid
the allowance specified in Table 2, Allowances of Section 7 of this Award, in
addition to the salary to which they are otherwise entitled. The line shall be
drawn as follows, viz:
Commencing at a
point on the right bank of the Murray River opposite Swan Hill (Victoria) and
thence to the following towns in the order stated namely - Hay, Hillston,
Nyngan, Walgett, Collarenebri and Mungindi.
(c) The allowances prescribed by this clause
are not cumulative.
(d) The allowances prescribed by this clause
shall be regarded as part of the salary for the purposes of this Award.
17. Travel Allowances
Employees shall be
granted travelling allowances on such terms and conditions prescribed by the NSW
Policy Directive PD2016_010, Official Travel, as amended or replaced from
time to time.
18. Relieving Other Members of Staff
(a) An employee who is required by the
Service to relieve another employee paid on a higher scale for a period of not
less than one working week shall be entitled to receive the minimum rate of the
higher scale of pay.
(b) This provision shall not apply when an
employee on a higher scale is absent from duty by reason of his or her
additional roster leave day off duty.
(c) No reduction shall be made in the scale
of pay of an employee called upon to relieve another employee paid on a lower
scale.
19. Salary Sacrifice to Superannuation
(a) Notwithstanding the salaries prescribed
in clause 14 Salaries, as varied from time to time, an employee may elect,
subject to the agreement of the employee’s employer, to sacrifice a part or all
of the salary payable under the salaries clause to additional employer superannuation
contributions. Such election must be made prior to the commencement of the
period of service to which the earnings relate. The amount sacrificed together
with any salary packaging arrangements under clause 20 Salary Packaging, of
this Award may be made up to 100% of the salary payable under the salaries
clause, or up to 100% of the currently applicable superannuable salary,
whichever is the lesser.
In this clause,
‘superannuable salary’ means the employee’s salary as notified from time to
time to the New South Wales public sector superannuation trustee corporations.
(b) Any pre-tax and post-tax payroll
deductions must be taken into account prior to determining the amount of
available salary to be packaged. Such payroll deductions may include but are
not limited to superannuation payments, HECS payments, child support payments,
judgment debtor/garnishee orders, union fees and private health fund membership
fees.
(c) Where the employee has elected to
sacrifice a part or all of the available payable salary to additional employer
superannuation contributions:
(i) The employee shall be provided with a
copy of the signed agreement. The salary sacrifice agreement shall be
terminated at any time at the employee’s election and shall cease upon termination
of the employee’s services with the employer;
(ii) Subject to Australian taxation law, the
amount of salary sacrificed will reduce the salary subject to appropriate PAYE
taxation deductions by the amount sacrificed; and
(iii) Any allowance, penalty rate, overtime,
payment for unused leave entitlements, weekly workers compensation, or other
payment, other than any payment for leave taken in service, to which an
employee is entitled under the relevant Award or any applicable Award, Act, or
statute which is expressed to be determined by reference to an employee’s
salary, shall be calculated by reference to the salary which would have applied
to the employee under the salaries clause in the absence of any salary
sacrifice to superannuation made under this Award.
(d) The employee may elect to have the
specified amount of payable salary which is sacrificed to additional employer
superannuation contributions:
(i) paid into the superannuation scheme
established under the First State Superannuation Act 1992 as optional
employer contributions; or
(ii) subject to the employer’s agreement, paid
into a private sector complying superannuation scheme as employer superannuation
contributions.
(e) Where an employee elects to salary
sacrifice in terms of subclause (d) above, the employer will pay the sacrificed
amount into the relevant superannuation fund.
(f) Where the employee is a member of a
superannuation scheme established under:
(i) the Police Regulation (Superannuation)
Act 1906;
(ii) the Superannuation Act 1916;
(iii) the State Authorities Superannuation Act
1987;
(iv) the State Authorities Non-contributory
Superannuation Act 1987; or
(v) the First State Superannuation Act 1992.
The employee’s
employer must ensure that the amount of any additional employer superannuation
contributions specified in paragraph (i) above is included in the employee’s
superannuable salary which is notified to the New South Wales public sector
superannuation trustee corporations.
(g) Where, prior to electing to sacrifice a
part or all of their salary to superannuation, an employee had entered into an
agreement with their employer to have superannuation contributions made to a
superannuation fund other than a fund established under legislation listed in
subclause (f) above, the employer will continue to base contributions to that
fund on the salary payable under clause 14, Salaries, of the Award to the same
extent as applied before the employee sacrificed that amount of salary to
superannuation. This clause applies even though the superannuation
contributions made by the employer may be in excess of the superannuation
guarantee requirements after the salary sacrifice is implemented.
20. Salary Packaging
(a) By agreement with their employer,
employees may elect to package part or all of their salary in accordance with
this clause, to obtain a range of benefits as set out in the NSW Health
Services 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% of salary.
Any salary
packaging above the fringe benefit exemption cap will attract fringe benefits
tax as described in paragraph (d) below.
(b) Where an employee elects to package an
amount of salary:
(i) Subject to Australian taxation law, the
packaged amount of salary will reduce the salary subject to PAYE taxation
deductions by that packaged amount.
(ii) Any allowance, penalty rate, overtime
payment, payment for unused leave entitlements, weekly workers’ compensation,
or other payment other than any payment for leave taken in service, to which an
employee is entitled under this Award or statute which is expressed to be
determined by reference to an employee’s salary, shall be calculated by
reference to the salary which would have applied to the employee under this
Award in the absence of any salary packaging or salary sacrificing made under
this Award.
(iii) ‘Salary’ for the purpose of this clause,
for superannuation purposes, and for the calculation of Award entitlements,
shall mean the Award salary as specified in clause 14 Salaries, and which shall
include ‘approved employment benefits’ which refer to fringe benefit savings,
administration costs, and the value of packaged benefits.
(c) Any pre-tax and post-tax payroll
deductions must be taken into account prior to determining the amount of
available salary to be packaged. Such payroll deductions may include but are
not limited to superannuation payments, HECS payments, child support payments,
judgement debtor/garnishee orders, union fees, and private health fund
membership fees.
(d) The salary packaging scheme utilises a
fringe benefit taxation exemption status conferred on public hospitals and area
health services, which provides for a fringe benefit tax exemption cap of
$17,000 per annum. The maximum amount of fringe benefits-free tax savings that
can be achieved under the scheme is where the value of benefits when
grossed-up, equal the fringe benefits exemption cap of $17,000. Where the
grossed-up value exceeds the cap, the employer is liable to pay fringe benefits
tax on the amount in excess of $17,000 but, will pass this cost on to the
employee. The employer’s share of savings, the combined administration cost and
the value of the package benefits, are deducted from pre-tax dollars.
(e) The parties agree that the application of
the fringe benefits tax exemption status conferred on public hospitals and area
health services is subject to prevailing Australian taxation laws.
(f) If an employee wishes to withdraw from
the salary packaging scheme, the employee may only do so in accordance with the
required period of notice as set out in the NSW Health Services Policy
Directive PD2018_044, Salary Packaging as amended from time to time.
(g) Where an employee ceases to salary
package, arrangements will be made to convert the agreed package amount to
salary. Any costs associated with the conversion will be borne by the employee,
and the employer shall not be liable to make up any salary lost as a
consequence of the employee’s decision to convert to salary.
(h) Employees accepting the offer to salary
package do so voluntarily. Employees are advised to seek independent financial
advice and counselling to apprise them of the implications of salary packaging
on their individual personal financial situations.
(i) The employer and the employee shall
comply with the procedures set out in the NSW Health Services Policy
Directive PD2018_044, Salary Packaging as amended from time to time.
SECTION 4. LEAVE
ENTITLEMENTS
21. Annual Leave
(a) Annual Leave shall be granted on
completion of each 12 months service as follows:
(i) An employee employed on a Monday to
Friday basis - four weeks leave on full pay.
(ii) An employee employed on duties which
require him or her to work irregular hours on a seven day per week basis,
including work on Saturdays, Sundays and public holidays - five weeks leave
with seven weeks’ pay.
(b) In the event that an employee’s
employment has changed from a seven day per week basis to a Monday to Friday
basis or vice versa, then annual leave shall be calculated on a pro rata basis.
(c) It is admitted by the parties that the
additional two weeks’ pay payable to an employee employed on duties in
accordance with paragraph (a)(ii) of this clause has been provided in lieu of
and in consideration of public holidays being worked by employees or which have
occurred on an employee’s rostered day off.
(d) To the leave prescribed paragraph (a)(i)
of this clause, there shall be added one working day for each public holiday or
special public holiday proclaimed for the State of New South Wales which occurs
during a period of annual leave.
(e)
(i) Annual Leave shall be given and shall be
taken within a period of six months after the date when the right to annual
leave accrued, provided that the giving and taking of such leave may be
postponed by mutual agreement between the parties for a further period not
exceeding six months.
(ii) Annual leave shall be granted on a
rotating roster basis provided that such rotation complies with paragraph
(e)(i) of this clause.
(ii) An employee shall be eligible for annual
leave when twelve months have elapsed since the date on which the last annual
leave would have begun if taken immediately it had become due, or if the
employee has not previously had Annual Leave since the commencement of the
employment.
(iii) Nothing in this subclause shall prevent the
Service, by agreement with the employee, from allowing annual leave to an
employee before a right to it has accrued but where leave is taken in such a
case, a further period of annual leave shall not commence to accrue until the
expiration of the twelve months in respect of which annual leave was taken
before it accrued. Provided that any leave taken by an employee under this
paragraph shall not exceed the amount of proportionate annual leave standing to
the credit of the employee at the time of entering upon such leave.
(iv) At least six months’ notice shall be given
to employees of the date on which they shall take their annual leave. Where an
employee has been notified that he or she is to take annual leave at a
specified time and that time is then altered by the Service the employee shall
be reimbursed any actual losses which result to him or her to the extent to
which deposits paid for travel and/or accommodation are not refunded.
(v) Employees may exchange annual leave by
mutual arrangement with the approval of the Service provided that such exchange
complies with paragraph (e)(i) of this clause.
(f) Each employee before going on annual
leave shall be paid for the period of the leave at the ordinary rate of wage to
which he or she is entitled under this Award and such payment shall be made
before the employee commences annual leave.
(g) Notwithstanding the provisions of
subclause (f) of this clause, the Service agrees, subject to at least 28 days
prior written authorisation by the employee, to pay employees Annual Leave
entitlements on a fortnightly basis which coincides with the normal fortnightly
pay period.
(h) Where the employment of an employee is
terminated the employee shall be entitled to receive a proportionate payment in
respect of service of less than one year, at the weekly wage to which such
employee is entitled under this Award.
(i) Credit of time towards an additional
rostered leave day off duty shall not accrue when an employee is absent during
his or her four weeks annual leave as provided for under the Annual Holidays
Act 1944. However, officers entitled to additional rostered leave
days off duty in accordance with clause 10, Roster Leave, of this Award, shall
accrue credit towards an additional rostered leave day off to employees in
excess of the above mentioned four weeks.
22. Annual Leave Loading
(a) Employees who, under the Annual
Holidays Act 1944, become entitled to annual leave under clause 21, Annual
Leave, of this Award, shall be paid in respect of such leave an annual leave
loading of 17.5% of the appropriate ordinary weekly rate of pay prescribed in
Table 1, Classification Structure, of this Award for the classification in
which the employee was employed immediately before commencing his/her annual
leave. The 17.5% annual leave loading will apply to the following periods of
annual leave, i.e. in the case of an employee employed on a Monday to Friday
basis - four weeks, and for seven days per week basis employees - five weeks,
provided further that in no instance is the calculated amount to exceed one
thousand four hundred and twenty-one dollars and zero cents ($1421.00) with
effect from the first pay period to commence on or after 1 July 2007.
(b) Such loading is payable in addition to
the pay for the period of leave given and taken and due to the employee under
this Award.
(c) No loading is payable where the annual
leave is taken wholly or partly in advance provided, however, that if the
employment of such an employee continues until the day upon which he or she
would have become entitled under this to such annual leave, the loading then
becomes payable in respect of the period of such leave and is to be calculated
in accordance with the rate of wages applicable on such day.
(d) Where the employment of an employee is
terminated by the Service for a cause other than misconduct and at the time of
termination the employee has not been given and has not taken the whole of the
annual leave to which he or she became entitled after 10 May 1974, he or she
shall be paid the loading provided for in subclause (a) of this clause for the
period not taken.
(e) Except as provided by subclause (d) of
this clause, no loading is payable on the termination of an employee’s
employment.
(f) The annual leave loading shall be paid
before the employee commences annual leave.
(g) Notwithstanding the provisions of
subclause (f) of this clause, the Service agrees, subject to at least 28 days
prior written authorisation by the employee, to pay employees Annual Leave
loading on a fortnightly basis which coincides with the normal fortnightly pay
period.
23. Family and Community Services Leave and
Personal/Carer’s Leave
Employees shall be
granted family and community services leave and personal/carer’s leave in
accordance with the provisions of Section 4 of the NSW Health Policy
Directive PD2022_006Leave Matters for the NSW Health Service, as amended or
replaced from time to time.
23a. Family Violence Leave
(i) For the purpose of this clause, family
violence means domestic violence as defined in the Crimes (Domestic and
Personal Violence) Act 2007. The violence may have been reported to the
police and/or may be the subject of an Apprehended Violence Order.
(ii) An employee experiencing family and
domestic violence can utilise Award leave entitlements provided for in Sick
Leave and Family and Community Services Leave provisions of the Award.
(iii) Where leave entitlements to Sick Leave and
Family and Community Services Leave are exhausted, the employer will grant up
to five days per year of paid special leave to attend legal proceedings,
counselling, appointments with a medical or legal practitioner and relocation
and safety activities directly associated with alleviating the effects of
family and domestic violence. This leave entitlement does not accumulate from
year to year.
(iv) Upon exhaustion of the paid leave
entitlement, an employee may request further periods of unpaid leave, for the same
activities for which paid leave would be available.
(v) To access paid and unpaid leave, the
employee must provide the employer with evidence, to the employer’s
satisfaction, substantiating the purpose of the leave and that the leave is
related to alleviating the effects of family violence. The employer may accept
a variety of agreed documentation in support of an application for leave.
Supporting documentation may be presented in the form of an agreed document
issued by the Police Force, a Court, a doctor, a Family Violence Support
Service or a lawyer.
(vi) Matters related to family violence can be
sensitive. Information collected by the employer will be kept confidential. No
information relating to the details of the family violence will be kept on an
employee’s personnel file without their express permission. However, records
about the use of family violence leave will need to be kept.
(vii) The employer, where appropriate, may
facilitate flexible working arrangements subject to operational requirements.
This may include changes to working times and locations, telephone numbers and
email addresses.
(viii) The employer will co-operate with all legal
orders protecting an employee experiencing domestic violence.
24. Maternity, Adoption and Parental Leave
This clause is to be
read in conjunction with the provisions of Section 5 of the NSW Health
Policy Directive PD2022_006 Leave Matters for the NSW Health Service and
the Service’s Maternity Leave Operating Procedure PRO2018-002 or
subsequent replacements as amended or replaced from time to time.
A. Maternity Leave
(a) Eligibility for Paid Maternity Leave
(i) Full-time employees
Female
employees who prior to the expected date of birth, have completed at least
forty (40) weeks continuous service (of not less than 31.25 hours per week) are
eligible for paid maternity leave.
(ii) Permanent part-time employees
Permanent
part-time employees are employees engaged on a permanent part-time basis as
defined by their Award. Female employees employed on this basis are entitled to
pro-rata paid maternity leave after forty (40) weeks continuous service.
(iii) An employee who has once met conditions for
paid maternity leave will not be required to again work the forty (40) weeks
continuous service in order to qualify for a further period of paid maternity
leave, unless:
(1) there has been a break in service where
the employee has been re-employed or re-appointed after resignation, medical
retirement, or after her services have been otherwise dispensed with; or
(2) the employee has completed a period of
leave without pay of more than forty (40) weeks. In this context, leave without
pay does not include sick leave without pay, maternity leave without pay, or
leave without pay associated with an illness or injury compensable under the Workers
Compensation Act 1987 (NSW).
(b) Entitlements to Paid Maternity Leave
(i) Eligible employees are entitled to
fourteen (14) weeks at the ordinary rate of pay from the date maternity leave
commences. This leave may commence up to fourteen (14) weeks prior to the
expected date of birth.
(ii) Paid maternity leave may be paid:
on a normal
fortnightly basis; or
in advance in a
lump sum; or
at the rate of
half pay over a period of twenty-eight (28) weeks on a regular fortnightly
basis.
Annual and/or
long service leave credits can be combined with periods of maternity leave on
half pay to enable an employee to remain on full pay for that period.
(iii) Should an employee return to duty during
the period of paid maternity leave, such paid leave ceases from the date duties
are resumed.
(c) Entitlements to Unpaid Maternity Leave
(i) An employee entitled to paid maternity
leave is entitled to a further period of unpaid maternity leave of not more
than twelve (12) months from the actual date of birth. The leave therefore does
not extend beyond the child’s first birthday.
(ii) Fulltime or permanent part-time female
employees who are not eligible for paid maternity leave are entitled to unpaid
maternity leave of not more than 12 months.
(d) Applications for Maternity Leave
(i) An employee who intends to proceed on
maternity leave should formally notify their Divisional Manager (in writing) of
such intention as early as possible however, not less than eight (8) weeks prior
to the commencement of leave. This notice must include a statement of:
(1) The intention to proceed on maternity
leave;
(2) The expected date of birth certified by a
medical practitioner;
(3) The period of leave to be taken;
(4) The date on which maternity leave is to
commence;
(5) A Statutory Declaration stating any
period of parental leave sought or taken by the employee’s spouse. This
declaration must also state that the applicant is the child’s primary caregiver
for the period of leave sought; and
(6) The entitlement to maternity leave is
reduced by any period of parental leave taken by the employee’s spouse. Apart
from parental leave of one (1) week at the time of birth, maternity leave is
not to be taken concurrently with parental leave except as otherwise provided
at paragraph (a)(i) of Part D, Right to Request, of this clause.
(e) Applications for Further Maternity Leave
(i) Where an employee becomes pregnant whilst
on maternity leave a further period of maternity leave shall be granted. If an
employee enters on the second period of maternity leave during the currency of
the initial period of maternity leave, then any residual maternity leave from
the initial entitlement ceases.
(ii) An employee who commences a subsequent
period of maternity leave while on unpaid maternity leave under paragraph
(c)(i) of Part A, Maternity Leave, of this clause or paragraph (a)(ii) of Part
D, Right to Request, of this clause is entitled to be paid at their normal rate
(i.e. the rate at which they were paid before proceeding on maternity leave).
(iii) An employee who commences a subsequent
period of maternity leave during the first 12 months of a return to duty on a
part-time basis as provided under 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) 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) Variations of Maternity Leave
After
commencing maternity leave, an employee may vary the period of her maternity
leave -
(i) once without the consent of the Service,
but with a minimum of fourteen (14) days’ notice in writing; and
(ii) otherwise with the consent of the Service,
with a minimum of fourteen (14) days’ notice in writing.
However, more
advanced notice is encouraged, especially for uniformed staff because of roster
arrangements.
(g) Staffing Provisions
In accordance
with obligations established by the Industrial Relations Act 1996
(Section 69) any person who occupies the position of an employee on maternity
leave must be informed that the employee has the right to return to her former
position. Additionally, since an employee has the right to vary the period of
her maternity leave; offers of temporary employment should be in writing,
stating clearly the temporary nature of the contract of employment. The
duration of employment should be also set down clearly; to a fixed date or
until the employee elects to return to duty, whichever occurs first.
(h) Effect of Maternity Leave on Accrual of
Leave, Increments, etc.
(i) Unpaid maternity leave does not count as
service for the purposes of accruing sick leave (unless the period of unpaid
leave is less than one month, although it is unlikely that unpaid maternity
leave would be for such a lesser period), annual leave (unless the period of
unpaid maternity leave is less than 28 calendar days) or long service leave
(unless the employee has completed ten years’ service and the period of unpaid
maternity leave is less than six months).
(ii) Unpaid maternity leave is not to be
counted as service for determining incremental progression. Periods of
maternity leave at full pay and at half pay are to be regarded as service for
incremental progression on a pro-rata basis. Notwithstanding the foregoing,
increments based on age must be paid on attainment of the appropriate age.
(iii) During a period of unpaid maternity leave
the employee will not be required to meet the employer’s superannuation
liability. The employee will, however, be required to make any necessary
arrangements for their own contributions.
(iv) When the employee has resumed duties, any
period of full pay leave is counted in full for the accrual of annual leave and
any period of maternity leave on half pay is taken into account to the extent
of one half thereof when determining the accrual of annual leave.
(v) Except in the case of employees who have
completed ten (10) years’ service the period of maternity leave without pay
does not count as service for long service leave purposes. Where the employee
has completed ten (10) years’ service, the period of maternity leave without
pay shall count as service provided such leave does not exceed six (6) months.
(vi) Where public holidays occur during the
period of paid maternity leave, payment is at the rate of maternity leave
received, i.e. public holidays occurring in a period of full pay maternity
leave are paid at full rate and those occurring during a period of half pay
leave are paid at half rate.
(i) Illness Associated with Pregnancy
(i) If, because of an illness associated with
her pregnancy, an employee is unable to continue to work, then she can elect to
use any available paid leave (sick, annual and/or long service leave) or to
take any sick leave without pay.
(ii) Where an employee is entitled to paid
maternity leave but, because of illness or injury, is on workers’ compensation,
sick, annual, long service leave, or sick leave without pay prior to the birth,
such leave will cease nine (9) weeks prior to the expected date of birth. The
employee will then commence on maternity leave with the normal provisions applying.
(j) Effect of Premature Birth on Payment of
Maternity Leave
An employee who
gives birth prematurely prior to proceeding on maternity leave, shall be
treated as being on maternity leave from the date she enters on leave to give
birth to the child.
(k) Stillbirth
In the case of
a stillbirth, (as classified by the Registry of Births, Deaths and Marriages)
an employee may elect to take sick leave or maternity leave, subject to
production of a medical certificate. She may resume duty at any time provided
she produces a doctor's certificate as to her fitness.
(l) Miscarriage
In the event of
a miscarriage, any absence from work is to be covered by the current sick leave
provisions.
(m) Fitness to Continue Working During
Pregnancy and Alternative Work
(i) Whilst an employee may commence maternity
leave up to fourteen (14) weeks, prior to the expected date of birth, this is
not compulsory. However, if an employee decides to continue working prior to
taking maternity leave, she must be able to satisfactorily perform her normal
duties.
(ii) Where, because of an illness or risk
associated with her pregnancy, an employee cannot carry out the duties of her
position, an employer is obligated, as far as practicable, to provide
alternative employment in some other position that she is able to
satisfactorily to perform, until maternity leave commences. A position to which
an employee is transferred under these circumstances must be as close as
possible in status and salary to her substantive position.
(n) Right to Return to Previous Position
(i) An employee who returns to work after
maternity leave has a right to return to her former position.
(ii) Where this position no longer exists, the
employee is entitled to be placed in a position nearest in status and salary to
that of her former position and to which the employee is capable and/or
qualified.
(o) Portability of Service for Paid Maternity
Leave
When
determining an employee’s eligibility for paid maternity leave, continuous
service with an organisation that is part of the government sector as defined
in the Government Sector Employment Act 2013, as amended from time to
time, will be recognised, provided that:
service was on a fulltime or permanent part-time (as specified)
basis;
cessation of service with the former employer was not by reason
of dismissal on any ground, except retrenchment or reduction of work;
the employee commences duty with the new employer on the next
working day after ceasing employment with the former employer. (There may be a
break in service of up to 2 months before commencing duty with the new
employer, provided that the new position was secured before ceasing duty with
the former employer. However, such a break in service will not be counted as
service for the purpose of calculating any prior service prerequisite for paid
maternity leave.)
Portability of
service for paid maternity leave involves the recognition of service in
government sector agencies for the purpose of determining an employee’s
eligibility to receive paid maternity leave. For example, where an employee
moves between a Public Service Department and a public hospital, previous
continuous service will be counted towards the service prerequisite for paid
maternity leave.
B. Adoption Leave
(a) Eligibility for Adoption Leave
(i) All fulltime and permanent part-time
employees who are adopting a child and are to be the primary care giver of the
child are entitled to unpaid adoption leave.
(ii) Employees who are adopting a child and are
to be the primary care giver of the child are entitled to paid adoption leave
as follows:
Full-time
employees
Employees who,
prior to the date of taking custody of the child, have completed 40 weeks
continuous service (of not less than 31.25 hours per week) are eligible for
paid adoption leave.
Permanent
part-time employees
Permanent
part-time employees are employees engaged in a permanent part-time basis as
defined by their Award. These employees are entitled to pro-rata paid adoption
leave after forty (40) weeks continuous service.
(iii) An employee who has once met conditions for
paid adoption leave will not be required to again work the forty (40) weeks
continuous service in order to qualify for a further period of paid adoption
leave, unless:
(1) there has been a break in service where
the employee has been re-employed or re-appointed after resignation, medical
retirement, or after her services have been otherwise dispensed with; or
(2) the employee has completed a period of
leave without pay of more than forty (40) weeks. In this context, leave without
pay does not include sick leave without pay, maternity leave without pay, or
leave without pay associated with an illness or injury compensable under the Workers
Compensation Act 1987 (NSW).
(b) Entitlements
(i) Paid Adoption Leave
Eligible
employees are entitled to fourteen (14) weeks at the ordinary rate of pay. This
leave may commence from the date of taking custody of the child.
Paid adoption
leave may be paid:
on a normal
fortnightly basis; or
in advance in a
lump sum; or
at the rate of
half pay over a period of twenty-eight (28) weeks on a regular fortnightly
basis.
Annual and/or
long service leave credits can be combined with periods of adoption leave at
half pay to enable an employee to remain on full pay for that period.
(ii) Unpaid Adoption Leave
Eligible
employees are entitled to unpaid adoption leave as follows:
where the child is under the age of 12 months - a period of not
more than 12 months from the date of taking custody;
where the child is over the age of 12 months and under 18 years
old - a period of up to 12 months, such period to be agreed upon by both the
employee and the employer.
(c) Applications for Adoption Leave
(i) Due to the fact that an employee may be
given little notice of the date of taking custody of a child, employees who
believe that, in the reasonably near future, they will take custody of a child,
should formally notify the employer as early as practicable of the intention to
take adoption leave, normally eight weeks prior. This will allow arrangements
associated with the adoption leave to be made.
(ii) A statement must also be provided from the
adoption agency or appropriate body/government authority confirming that the
applicant/employee is to have custody and the expected date of placement of the
child.
(d) Applications for Further Adoption Leave
Same provisions
as maternity leave.
(e) Variations of Adoption Leave
Same provisions
as maternity leave.
(f) Staffing Provisions
Same provisions
as maternity leave.
(g) Effect of Adoption Leave on Accrual of
Leave, Increments, etc.
Same provisions
as maternity leave.
(h) Right to Return to Previous Position
Same provisions
as maternity leave.
(i) Portability of Service for Paid Adoption
Leave
Same provisions
as maternity leave.
C. Parental Leave
(a) Eligibility for Parental Leave
(i) Fulltime employees
Employees who,
prior to the expected date of birth or to the date of taking custody of the
child, have completed 40 weeks continuous service (of not less than 31.25 hours
per week) are eligible for parental leave.
(ii) Permanent part-time employees
Permanent
part-time employees are employees engaged in a permanent part-time basis as
defined by their Award. These employees are entitled to pro-rata paid parental
leave after forty (40) weeks continuous service.
(iii) An employee who has once met conditions for
parental leave will not be required to again work the forty (40) weeks
continuous service in order to qualify for a further period of parental leave,
unless:
(1) there has been a break in service where
the employee has been re-employed or re-appointed after resignation, medical
retirement, or after her services have been otherwise dispensed with; or
(2) the employee has completed a period of
leave without pay of more than forty (40) weeks. In this context, leave without
pay does not include sick leave without pay, maternity leave without pay, or
leave without pay associated with an illness or injury compensable under the Workers
Compensation Act 1987 (NSW).
(b) Entitlements
Eligible
employees whose spouse or partner (including a same sex partner) is pregnant or
is taking custody of a child, are entitled to a period of leave not exceeding
52 weeks, which includes one week of paid leave, and may be taken as follows:
(i) an unbroken period of up to one week at
the time of the birth of the child, taking custody of the child or other
termination of the pregnancy (short parental leave).
(ii) the entitlement of one week’s paid leave
may be taken at 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) a further unbroken period of unpaid
parental leave not exceeding 52 weeks when added to short parental leave in
order to be the primary caregiver of the child (extended parental leave).
(iv) extended parental leave cannot be taken at
the same time as the employee’s spouse or partner is on maternity or adoption
leave, except as otherwise provided at subclause (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) Applications for Parental Leave
(i) An employee who intends to proceed on
parental leave should formally notify their employer of such intention as early
as possible, so that arrangements associated with their absence can be made.
(ii) The employee should give written notice of
the intention to take the leave, at least four weeks before proceeding on
leave, and should detail the dates on which they propose to start and end the
period of leave. It is recognised in situations of taking custody of a child,
little or no notice may be provided to the employee. In such an instance, the
employee should notify the employer as early as practicable.
(iii) The employee must, before the start of
leave, provide a certificate from a medical practitioner confirming that their
spouse or partner is pregnant and the expected date of birth, or in the case of
an adoption, an official form or notification on taking custody of the child.
(iv) In the case of extended parental leave, the
employee must, before the start of leave, provide a statutory declaration by
the employee stating:
if applicable, the period of any maternity leave sought or taken
by his spouse, and
that they are seeking the period of extended parental leave to
become the primary caregiver of the child.
(d) Variations of Parental Leave
Same provisions
as maternity leave.
(e) Staffing Provisions
Same provisions
as maternity leave.
(f) Effect of Parental Leave on Accrual of
Leave, Increments, etc.
Same provisions
as maternity leave.
(g) Right to Return to Previous Position
Same provisions
as maternity leave.
(h) Portability of Service for Paid Parental
Leave
Same provisions
as maternity leave.
D. Right to Request
(a) An employee entitled to maternity,
adoption or parental leave may request the employer to allow the employee:
(i) to extend the period of simultaneous
parental leave use up to a maximum of eight weeks;
(ii) to extend the period of unpaid maternity,
adoption or extended parental leave for a further continuous period of leave
not exceeding 12 months;
(iii) to return from a period of maternity,
adoption or parental leave on a part-time basis until the child reaches school
age;
(iv) to assist the employee in reconciling work
and parental responsibilities.
(b) The employer shall consider the request
having regard to the employee’s circumstances and, provided the request is
genuinely based on the employee’s parental responsibilities, may only refuse
the request on reasonable grounds related to the effect on the workplace or the
employer’s business. Such grounds might include cost, lack of adequate
replacement staff, loss of efficiency and the impact on customer service.
(c) The employee’s request and the employer’s
decision made under paragraphs (a)(ii) and (iii) of this Part must be recorded
in writing.
(d) Where an employee wishes to make a
request under paragraph (a)(iii) of this Part:
(i) the employee is to make an application
for leave without pay to reduce their full-time weekly hours of work;
(ii) such application must be made as early as
possible to enable the employer to make suitable staffing arrangements. At
least four weeks’ notice must be given;
(iii) salary and other conditions of employment
are to be adjusted on a basis proportionate to the employee’s 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) Where an employee is on maternity,
adoption or parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make information available in relation to
any significant effect the change will have on the status or responsibility
level of the position the employee held before commencing leave; and
(ii) provide an opportunity for the employee to
discuss any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing leave.
(b) The employee shall take reasonable steps
to inform the employer about any significant matter that will affect the
employee’s decision regarding the duration of leave to be taken, whether the
employee intends to request to return to work on a part-time basis.
(c) The employee shall also notify the
employer of changes of address or other contact details which might affect the
employer’s capacity to comply with subclause (a) of this Part.
24A. Lactation Breaks
(i) This clause applies to employees who are
lactating mothers. A lactation break is provided for breastfeeding, expressing
milk or other activity necessary to the act of breastfeeding or expressing milk
and is in addition to any other rest period and meal break as provided for in
this Award.
(ii) A fulltime employee or a part-time
employee working more than four hours per day is entitled to a maximum of two
paid lactation breaks of up to 30 minutes each per day or per shift.
(iii) A part-time employee working four hours or
less on any day or shift is entitled to only one paid lactation break of up to
30 minutes each per day or per shift worked.
(iv) A flexible approach to lactation breaks can
be taken by mutual agreement between an employee and their manager provided the
total lactation break time entitlement is not exceeded. When giving
consideration to any such requests for flexibility, a manager needs to balance
the operational requirements of the organisation with the lactating needs of
the employee.
(v) The employer shall provide access to a
suitable, private space with comfortable seating for the purpose of
breastfeeding or expressing milk. Other suitable facilities, such as
refrigeration and a sink, shall be provided where practicable. Where it is not
practicable to provide these facilities, discussions between the manager and
the employee will take place to attempt to identify reasonable alternative
arrangements for the employee’s lactation needs.
(vi) Employees experiencing difficulties in
effecting the transition from home based breastfeeding to the workplace will
have telephone access in paid time to a free breastfeeding consultative
service, such as that provided by the Australian Breastfeeding Association’s
Breastfeeding Helpline Service or the Public Health System.
(vii) Employees needing to leave the workplace
during time normally required for duty to seek support or treatment in relation
to breastfeeding and the transition to the workplace may utilise sick leave or
other leave in accordance with the Award.
25. Study Leave
Employees shall be
granted Study Leave on such terms and conditions as prescribed by Section 6 of
the NSW Health Policy Directive PD2022_006 Leave Matters for the NSW Health
Service, as amended or replaced from time to time.
26. Trade Union Leave
Employees shall be
granted Trade Union Leave on such terms and conditions prescribed by Section 14
of the NSW Health Policy Directive PD2022_006 Leave Matters for the NSW
Health Service, as amended or replaced from time to time.
27. Long Service Leave
(a) Employees shall be granted long service
leave on such terms and conditions as may be applicable from time to time to
officers employed under the provisions of the Government Sector Employment
Act 2013, and the regulations made there under, as amended from time to
time. This includes the taking of long service leave on half pay.
(b) Where an employee has accrued a right to
an additional rostered leave day off duty on pay prior to entering a period of
long service leave such day shall be taken on the next working day immediately
following the period of long service leave.
(c) An employee returning to duty from long
service leave shall be given the next additional rostered leave day off duty in
sequence irrespective of whether sufficient credits have been accumulated or
not.
28. Sick Leave
(a) If the Service is satisfied that an
employee is unable to perform his or her duties on account of illness, not
attributable to the employee’s misconduct, it shall grant to such employee
leave of absence on full pay for a period or periods as follows:
(i) All employees shall be entitled to sick
leave for a period or periods not exceeding in the aggregate of 114 hours in
any period of 12 months.
(ii) In the event of an employee not taking the
full period of 114 hours in any period of twelve (12) months, the untaken
period of such leave shall accumulate. A maximum of 76 hours of the untaken
hours in each period of twelve (12) months shall accumulate in respect of
available sick leave which accumulated prior to 20 June 1980.
(iii) Periods of less than thirty-eight (38)
hours shall not be re-credited to employees who are sick whilst on Annual or
Long Service Leave.
(b)
(i) The Service shall not, with the sole
object of avoiding obligations under this clause, terminate the services of an
employee who is unable to perform his or her duties on account of illness and
who is entitled to sick leave under this clause.
(ii) The employee shall notify the Service,
where practicable, of his or her inability to attend for duty at least four (4)
hours but in any case no less than one (1) hour before the commencement time of
duty and inform the Service as far as possible the estimated duration of same.
(c) All periods of sickness shall be
certified by a legally qualified Medical Practitioner, provided however, that
the Service may dispense with the requirements of a medical certificate where
the absence does not exceed two (2) consecutive days or where, in the Service's
opinion, circumstances are such as not to warrant such requirements.
(d) An employee shall not be entitled to sick
leave on full pay for any period in respect of which such employee is entitled
to accident pay or workers compensation, provided, however, that where an
employee is not in receipt of accident pay, the Service shall pay to an
employee, who has sick leave entitlements under this clause, the difference
between the amount received, as workers' compensation and full pay. The
employee’s sick leave entitlement under this clause shall, for each week during
which such difference is paid, be reduced by the proportion of hours which the
difference bears to full-time hours. On the expiration of available sick leave,
weekly workers compensation payments only shall be payable.
(e) Any accumulation of sick leave standing
to the credit of an employee at the date of commencement of this Award, shall
be added to the leave which is accumulated pursuant to paragraph (a)(ii) of
this clause.
SECTION 5. MISCELLANEOUS
29. Uniforms
(a)
(i) The Service shall provide each new
employee with sufficient, suitable and serviceable uniforms as determined by
the Service.
(ii) Uniforms provided shall be replaced by the
Service upon condemnation in equivalent numbers.
(iii) The Service shall provide any other special
clothing which the Service requires an employee to wear.
(iv) Articles of clothing issued under subclause
(a)(i) and (a)(iii) of this clause remain the property of the Service and shall
be returned by the employee upon request by the Service.
(b) Any request for uniform replacement by
the Service or an employee will not be unreasonably refused. In the event of
refusal the provision of clause 32, Issues Resolution, of this Award, shall
apply.
(c) Employees required to wear a uniform shall
be paid a laundry allowance as prescribed in Table 2, Allowances of Section 7,
Monetary Rates.
30. Union Subscriptions
The Service agrees,
subject to prior written authorisation by the employee, to deduct Union
subscriptions from the pay of the authorising employee.
31. Accommodation
(a) Officers, who as at 9 December 2010
receive accommodation quarters rent free or payment for accommodation, will
have the following entitlements whilst they remain in their current position
and in their current location:
(i) the entitlement to accommodation quarters
rent free or payment for accommodation will cease 12 months after 23 December
2010;
(ii) after that time, any officer who elects to
remain in an Ambulance Service residence will be required to pay half market
rental for a period of 12 months and full market rental thereafter.
(iii) Managers’ availability for operational
responses is not altered by the agreed variation to this clause.
SECTION 6. AWARD
PARAMETERS
32. Issues Resolution
(a) The parties must:
(i) Use their best endeavours to cooperate in
order to avoid grievances and disputes arising between the parties or between
the Service and individual employee(s);
(ii) Abide by the procedures set out in this
clause to resolve any issue which might arise; and
(iii) Place emphasis on negotiating a settlement
of any issue at the earliest possible stage in the process.
(b) In this clause "issue" means
any question, issue, grievance, dispute or difficulty which might arise between
the parties about:
(i) The interpretation, application or
operation of this Award; or
(ii) Any allegation of discrimination in
employment within the meaning of the Anti-Discrimination Act 1977 (NSW)
which is not covered by established policies and procedures applicable to the
Service, regardless of whether the issue relates to an individual employee or
to a group of employees.
(c) Any issue, and in the case of a grievance
or dispute any remedy sought, must be discussed in the first instance by the
employee(s) (or the Union on behalf of the employee(s) if the employee(s) so
request) and the immediate supervisor of that employee(s).
(d) If the issue is not resolved within a
reasonable time it must be referred by the employee(s) immediate supervisor to
his or her Supervisor (or his or her nominee) and may be referred by the
employee(s) to the Union Organiser for the Service. Discussions at this level
must take place and be concluded within two working days of referral or such
extended period as may be agreed.
(e) If the issue remains unresolved, it may
be referred by any of the parties to more senior officials of the Union who
must then confer with the General Manager Operations (and/or his or her
nominee(s)) of the Service. The conclusions reached by those representatives
must be reported to the parties within two working days of referral or such
extended periods as may be agreed.
(f) If these procedures are exhausted without
the issue being resolved, or if any of the time limits set out in those
procedures are not met, parties may seek to have the matter mediated by an
agreed third party, or the matter may be referred, in accordance with the
provisions of the Industrial Relations Act 1996 (NSW), to the Industrial
Relations Commission for its assistance in resolving the issue.
(g) Unless agreed otherwise by the parties
the status quo before the emergence of the issue must continue whilst these
procedures are being followed. For this purpose, "status quo" means
the work procedures and practices in place:
(i) immediately before the issue arose; or
(ii) Immediately before any change to those
procedures or practices, which caused the issue to arise, was made.
The Service
must ensure that all practices applied during the operation of these procedures
are in accordance with safe working practices.
(h) Throughout all the stages of these
procedures adequate records must be kept by the parties of all discussions.
(i) These procedures are to be facilitated by
the earliest possible advice by one party to the other of any issue or problem
which may give rise to a grievance or dispute.
(j) All matters in dispute arising out of the
application of this Award may be referred to a Disputes Committee consisting of
not more than six (6) members with equal representation of the Corporation and
the Union. Such Committee shall have the power to investigate all matters in
dispute and report to the Corporation and the Union, respectively, with such
recommendation as it may think right and in the event of no mutual decision
being arrived at by the Committee, the matter in dispute may be referred to the
Industrial Relations Commission of NSW.
33. Anti-Discrimination
(a) It is intention of the parties bound by
this Award to seek to achieve the object in section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(b) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this Award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this Award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(c) Under the Anti-Discrimination Act 1977,
it is unlawful to victimise an employee because the employee has made or may
make or has been involved in a complaint of unlawful discrimination or
harassment.
(d) Nothing in this clause is to be taken to
affect:
(i) Any conduct or act which is specifically
exempted from anti-discrimination legislation;
(ii) Offering or providing junior rates of pay
to persons under 21 years of age;
(iii) Any act or practice of a body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
(iv) A party to this Award from pursuing matters
of unlawful discrimination in any State or Federal jurisdiction.
(e) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
NOTES -
(i) Employers and employees may also be
subject to Commonwealth anti-discrimination legislation.
(ii) Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing
in this Act affects ... any other act or practice of a body established to
propagate religion that conforms to the doctrines of that religion or is
necessary to avoid injury to the religious susceptibilities of the adherents of
that religion."
34. Benefits Not to be Withdrawn
Except in so far as
altered expressly or by necessary implication, nothing in his Award shall in
itself, be deemed or be construed to reduce the wages of any employee at the
date of the commencement of this Award.
35. No Extra Claims
Other than as
provided for in the Industrial Relations Act 1996 and the Industrial
Relations (Public Sector Conditions of Employment) Regulation 2014 (or its
successor however described), 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 2023 by a party to this Award.
36. Area, Incidence and Duration
(a) This Award rescinds and replaces the
Operational Ambulance Managers (State) Award 2021 published 10 September 2021
(Vol. 390 IG Pg. 295) and all variations thereof.
(b) This Award shall apply to persons
employed in classifications contained herein employed by the Ambulance Service
of New South Wales.
(c) This Award takes effect from 1 July 2022
and shall remain in force for a period of one year. The rates in section 7 of
this Award will apply from the first full pay period on or after (ffppoa) 1
July 2022.
SECTION 7. MONETARY RATES
Pay rates and
allowances for the period from 1 July 2022 until the commencement of the
increased rates as outlined below (that apply from the first full pay period on
or after (ffppoa) 1 July 2022) shall be the equivalent rates and allowances
contained in the Operational Ambulance Managers (State) Award 2021 as at
30 June 2022.
Table 1 -
Salaries
Classification
|
Rates from ffppoa 1 July 2021 Minimum
$ pa
|
Rates from ffppoa 1 July 2022 Maximum
$ pa
|
Operational Manager
|
Level 1
|
117,413
|
123,006
|
Level 2
|
120,206
|
142,577
|
Level 3
|
139,778
|
159,348
|
Level 4
|
156,550
|
187,306
|
Level 5
|
184,506
|
206,875
|
Operations Centre Manager
|
Level 1
|
114,402
|
119,849
|
Level 2
|
117,122
|
138,915
|
Level 3
|
136,190
|
155,257
|
Level 4
|
152,529
|
182,496
|
Level 5
|
179,769
|
201,563
|
Table 2 -
Allowances
Item
|
Clause
|
Allowance Description
|
Frequency
|
Rates from ffppoa 1 July 2022 $
|
1
|
16
|
Climatic and Isolation Allowance - Time and Half Zone*
|
Weekly
|
5.10
|
2
|
16
|
Climatic and Isolation Allowance - Double Zone*
|
Weekly
|
10.20
|
3
|
29
|
Laundry*
|
Weekly
|
14.70
|
* Rate moves
independently to Award wages increase.
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.