Crown Employees Nurses' (State) Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 192672 of 2022)
Before Chief Commissioner Constant
|
17 August 2022
|
Commissioner Sloan
|
|
Commissioner Webster
|
|
AWARD
1. Arrangement
PART A
Clause No. Subject Matter
I. Arrangement
2. Definitions
3. General
Conditions of Employment
4. Salary
Rates
5. Overtime
6. Penalty Payments
for Shift Work and Weekend Work
7. Public
Holidays
8-. Annual
Leave
9. Grading of
Nurse/Midwife Manager
10. Dispute
Resolution Procedures
11. Anti-Discrimination
12. Personal
Carer's Leave
13. Area,
Incidence and Duration
14. No Extra
Claims
15. Savings
Clause
16. Career
Break Scheme
17. Commitments
During the Life of this Award
PART B
MONETARY RATES
Table 1 - Salaries
PART A
2. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have the respective meanings
assigned to them:
The "Association" means the New South Wales Nurses
and Midwives' Association and the Australian Nursing and Midwifery Federation
NSW Branch (ANMF NSW Branch) of 50 O'Dea Avenue, Waterloo, New South Wales.
"Career Break Scheme" means a scheme where
employees may apply for an option to defer twenty percent of their salary for
four years and be paid this deferred salary in the fifth year.
"Consultation" means that the employer must notify
the Association of the proposal or issue in question, give the Association
adequate time to consider the matter and respond to the employer, and the
Association's views (where expressed) must be taken into account by the
employer in arriving at a decision.
"Day Worker" means a worker who works her/his
ordinary hours from Monday to Friday inclusive and who commences work on such
days at or after 6.00 a.m. and before 10.00 a.m. otherwise than as part of the
shift system.
"Employee" means for the purpose of this award, a
person who holds a pos1tmn for which a nursing qualification is an essential
requirement and is employed as a public servant within the Ministry of Health
or in a Public Service agency as per Schedule 1 of the Government Sector
Employment Act 2013 where the Secretary, Ministry of Health is the head of
Agency.
"Employer" for the purposes of this award, in
respect of nurses employed pursuant to the Government Sector Employment Act
2013, is a reference to the Secretary, Ministry of Health.
Registered Nurse/Midwife, Nurse/Midwife Educator,
Nurse/Midwife Manager, Nursing/Midwifery Unit Manager, Clinical Nurse/Midwife
Educator, Clinical Nurse/Midwife Specialist, Clinical Nurse/Midwife Consultant
and Nurse/Midwife Practitioner shall all have the same meaning as defined in
the Public Health System Nurses' and Midwives' (State) Award 2022.
"Shift Worker" means a worker who is not a day
worker as defined.
3. General Conditions
of Employment
Except as otherwise provided in this award:
(a) Employees shall
be entitled to, and shall observe, the conditions of employment applicable to
public servants, i.e. the conditions of employment covering officers employed
in organisations listed in Schedule 1 of the Government Sector Employment
Act 2013, together with the Government Sector Employment Regulation 2014,
the Government Sector Employment (General) Rules 2014, the Public Service
Industrial Relations Guide as amended from time to time and/or the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 as
varied from time to time.
4. Salary Rates
The minimum salaries per week to be paid to employees shall
be as set out in Table 1 - Salaries of Part B, Monetary Rates.
5. Overtime
(a) Subject to
subclause (b) an employer may require an employee to work reasonable overtime.
(b) 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) For the purpose
of subclause (b) what is unreasonable or otherwise will be determined having
regard to:
(i) the risk to the
employee's health and safety;
(ii) the employee's
personal circumstances including any family and carer responsibilities;
(iii) the needs of
the facility;
(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.
(d) This clause shall
not apply to Nurse Managers classified at Grade 4 or above.
(e) Overtime shall
be paid for time worked in excess of 152 hours over each four weekly period
provided that the performance of such overtime is authorised by the employer.
(f) In assessing
payment for authorised time worked in excess of 152 hours over each four weekly
period, time should stand alone in excess of each normal shift and be
calculated in accordance with subclause (g) of this clause.
(g) Authorised
overtime shall be paid at the rate of time and one half for the first two hours
and double time thereafter. Provided that all authorised overtime worked on
Sundays shall be paid at the rate of double time and on public holidays at the
rate of double time and one half.
6. Penalty Payments
for Shift Work and Weekend Work
(a) This clause
shall not apply to Nurse Managers classified at Grade 4 or above.
(b) In addition to
the rates prescribed by this award, officers authorised by the employer to
perform work on a shift basis and/or weekends and public holidays shall be paid
for all time other than overtime worked at the following prescribed penalty:
(i)
(1) On afternoon
shift, commencing at or after 10.00 a.m. and before 1.00 p.m. at the rate of
ten per cent extra.
(2) On afternoon shift,
commencing at or after 1.00 p.m. and before 4.00 p.m. at the rate of 12½ per
cent extra.
(3) On night shift,
commencing at or after 4.00 p.m. and before 4.00 a.m. at the rate of 15 per
cent extra.
(4) On night shift,
commencing at or after 4.00 a.m. and before 6.00 a.m. at the rate often per
cent extra.
(ii)
(1) Between
midnight Friday and midnight Saturday at the rate of half-time extra.
(2) Between midnight Saturday and
midnight Sunday at the rate of three-quarter time extra.
(3) Provided that these weekend rates
in this subclause shall be in substitution for and not cumulative upon the
shift penalties prescribed in paragraph (i) of this clause.
(iii) Between
midnight to the following midnight on a public holiday at the rate of halftime
extra in substitution for and not cumulative upon the shift premiums prescribed
in paragraph (i) and (ii) of this clause.
7. Public Holidays
(a) Public holidays
shall be allowed to employees on full pay. An employee who is required to and
does work on a public holiday shall be paid for the time actually worked at the
rate of time and one half in addition to his/her ordinary weekly rate. Such
payment shall be in lieu of any additional rate for shift work or weekend work
which would otherwise be payable had the day not been a public holiday.
Provided that, if an employee so elects, he/she may have one day or one half
day, as appropriate, added to his/her period of annual leave and be paid at the
rate of one half time extra for the time actually worked.
(b) Where a public
holiday occurs on a shift worker's rostered day off, he or she shall be paid
one day's pay in addition to the weekly rate or, if the employee so elects,
have one day added to his or her period of annual leave.
8. Annual Leave
Nurse Managers classified at Grade 4 or above are entitled
to annual leave as set out in subclause (a) to (d) of this clause. All other
employees are entitled to annual leave in accordance with the provisions of the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009,
as varied from time to time.
(a) Twenty ordinary
working days' annual leave per annum; and,
(b) If they work on
a public holiday as defined in the Crown Employees (Public Service Conditions
of Employment) Award 2009, as varied from time to time:
(i) the provisions
of clause 7, Public Holidays; or
(ii) by agreement between
the employee and the employer, time in lieu of each public holiday or half
public holiday so worked, to be taken at a time agreed between the employee and
the employer.
(c) The benefits of
the Crown Employees (Public Service Conditions of Employment) Reviewed
Award2009, as varied from time to time, shall not apply to Nurse Managers
classified at Grade 4 or above.
(d) The employer
must pay to all employees' annual leave loading in accordance with the
provisions of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009, as varied from time to time.
9. Grading of
Nurse/Midwife Manager
Grading provisions of the Public Health System Nurses' and
Midwives' (State) Award 2022 apply to all positions of Nurse/Midwife Manager
covered by this award.
10. Dispute Resolution
Procedures
(a) All parties
must use their best endeavours to cooperate in order to avoid any grievances
and/or disputes.
(b) Where a dispute
arises, regardless of whether it relates to an individual employee or to a
group of employees, the matter must be discussed in the first instance by the
employee(s) or the Association on behalf of the employee(s) if the employee(s)
so requests and the immediate supervisor of that employee(s).
(c) If the matter
is not resolved within a reasonable time it must be referred by the employees
immediate supervisor to the Chief Executive Officer of the employer (or his or
her nominee) and may be referred by the employee(s) to the Association's head
office. Discussions at this level must take place and be concluded within two
working days of referral or such extended periods as may be agreed.
(d) If the matter
remains unresolved, the Association must then confer with the appropriate level
of management, depending on the nature and extent of the matter. 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 these
procedures are exhausted without the matter being resolved, or if any of the
time limits as set out in this clause are not met, either the Association or
the employer 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.
(f) During these
procedures normal work must continue and there must be no stoppages of work,
lockouts, or any other bans or limitations on the performance of work.
(g) 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 employer must ensure that all practices applied
during the operation of these procedures are in accordance with safe working
practices.
(h) Throughout all
stages of these procedures, adequate records must be kept of all discussions.
(i) These
procedures will 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.
11.
Anti-Discrimination
(a) 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) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take al! 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 legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
12. Personal Carer's
Leave
The provisions of clause 85, Sick Leave to Care for a Family
member, of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009, shall apply.
13. Area, Incidence
and Duration
(a) This award
applies to all employees as defined in clause 2, Definitions employed as a
public servant within the NSW Ministry of Health or in a Division of the
Government Service as per Schedule 1 of the Government Sector Employment Act
2013, as varied from time to time, where the Secretary, Ministry of Health is
the Agency Head.
(b) This Award
rescinds and replaces the Crown Employees Nurses' (State) Award 2021 published
8 October 2021 (390 I.G. 639) and all variations thereof.
(c) This Award
commences on and from 1 July 2022. It shall remain in force until 30 June 2023.
(d) The increases
shown in the second column of Part B, Table 1 - Salaries commence from the
first full pay period commencing on or after ('FFPPCOOA') 1 July 2022.
14. 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 NSW
Industrial Relations Commission 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.
15. Savings Clause
It is the intention of the parties that this award be a
consolidation of the industrial instruments applicable immediately prior to the
making of this Award. Unless otherwise agreed, it is not the intention of the
parties that any existing conditions of employment be removed. This does not
preclude any regrading of positions that may arise from job evaluation
exercises.
16. Career Break
Scheme
(i) The career
break scheme allows employees to defer twenty per cent of their, salary for
four years and be paid this deferred salary in the fifth year.
(ii) Employees who
apply and are approved to participate in the career break scheme will receive
100% of their nom1al salary for the first four years with a deduction
equivalent to 20% of net salary (gross less tax). The 20% of net salary is
deposited into an account in the employee's name each pay period for payment in
the fifth year (the deferred salary leave year) and subject to applicable
taxation as required by law. The
employer and employee will agree in writing prior to the commencement of the
career break on the specific method and conditions under which the deferred
salary will be withheld.
(iii) All full time
and permanent part time employees are eligible to participate in the career
break scheme. Casual and temporary employees are excluded from participation in
career break scheme. If a permanent employee is placed into another position by
way of temporary engagement or secondment during the four years when salary is
being deferred, this will not of itself affect their continued participation in
the career break scheme.
(iv) The Ministry of
Health will call for expressions of interest from employees seeking to
participate in the career break scheme once each calendar year.
(v) The Ministry of
Health will determine the number of employees that may participate in the
career break scheme having regard to service delivery and staffing levels and
reserves the right to approve or not approve requests after considering
workforce needs. This will be done in consultation with employees. The Ministry
of Health will not unreasonably refuse any application by an employee to
participate in the career break scheme.
(vi) For members of
the State Superannuation Scheme (SSS) the Ministry of Health will maintain the
participant's employer contributions for the full five year period at the rate
applicable to a person earning full salary for each of the five years. Any
required personal superannuation contributions of participants are payable at
the rate applicable to 100% of salary for each of the five years.
(vii) For members of
the State Authorities Superannuation Scheme (SASS) the Ministry of Health will
maintain the participant's employer contributions for the full five year period
at the rate applicable to a person earning full salary for each of the five
years. Any required personal superannuation contributions of participants are
payable at the rate applicable to their full salary for each of the five years.
(viii) For members of
other complying funds (e.g. First State Superannuation, HESTA, HIP) the
Ministry of Health will cease making employer contributions during the deferred
salary leave year. The superable salary is deemed to be 100% of the
participant's normal salary (both deferred and the remaining 80% paid) for each
of the first four years, and superannuation employer contributions are
calculated on this basis. In the deferred salary leave year no employer
contributions to superannuation are payable for members of these funds.
(ix) Employees will
continue to pay all personal employee superannuation contributions whilst
participating in the career break scheme. The amount of such employee
contributions is determined by the superannuation scheme/fund to which the
employee is contributing and personal contributions during the deferred salary
leave year are payable at the rate applicable to the employee's full salary.
(x) In the deferred
salary leave year, salary packaging and payroll deductions will not be
available.
(xi) The five years
of the career break scheme will count as service for the accrual of long
service leave, sick leave, annual leave, salary increments and other statutory
entitlements. Any leave without pay taken by an employee whilst participating
in the career break scheme will not count for the purpose of accrual of any
leave. For the purpose of detern1ining the leave accrued in the fifth year of
the career break scheme (i.e. the deferred salary leave year) for permanent
part-time employees, the average of all hours worked (excluding overtime) in the
first four years of the career break scheme and including paid leave taken will
be used for the basis of making this calculation.
(xii) If any leave
without pay is taken by an employee during the first four years of the career
break scheme, the commencement of the deferred salary leave year will be
postponed by the time the employee was absent from duty i.e. by the number of
days leave without pay taken by the employee.
(xiii) Employees are
entitled to take paid leave during the first four years of the career break
scheme, subject to normal approval processes at the public health organisation.
Whilst on any paid leave the employee will be paid in accordance with subclause
(ii) of this clause.
(xiv) Employees are not
entitled to take any form of leave during the deferred salary leave year, with
the exception of Maternity and Adoption leave. In respect to Maternity or
Adoption leave, if the deferred salary year has not yet commenced, the employee
may elect to postpone the deferred salary leave year until after the completion
of such leave (up to 52 weeks). If the employee elects not to postpone the
deferred salary leave year, they are entitled to a lump sum payment of their
normal salary for the period of paid maternity/adoption leave. The paid
maternity/adoption leave does not extend the deferred salary leave year.
(xv) There will be no
access to the deferred salary until the fifth year unless the employee chooses
to withdraw from the career break scheme.
(xvi) An employee may
elect to withdraw from the career break scheme at any time by giving reasonable
notice to the employer and will be paid all monies in the account.
(xvii) It is the
responsibility of the employee participating in the career break scheme to
declare the interest earned on the deferred salary to the Taxation Office.
Normal government statutory charges attributed to an individual's deferred
salary account will be paid by the employee.
(xviii) Subject to
approval by the Ministry of Health an employee may undertake outside employment
in the deferred salary leave year. During the deferred salary leave year
employees are not permitted to undertake work in the Ministry of Health in
positions covered by the Award. However, this does not prevent work in the Ministry
of Health in another position not covered by the Award.
(xix) Upon return to
work after the deferred salary leave year an employee will resume employment in
their substantive Ministry of Health position at the conclusion of their
participation in the career break scheme, being the anniversary date of
commencing the deferred salary leave year.
(xx) Employees are
advised to seek independent financial advice about participating in the career
break scheme and the effect on superannuation. Comprehensive details regarding
the operation of the career break will be recorded in a written agreement
between the employee and the employer, to be signed prior to the commencement
of the five year period.
(xxi) A review of the
operation of this clause will occur by a date agreed between the parties. That
review will be undertaken by the Ministry of Health and the Association and
will consider any recommendations to vary the Scheme.
17. Commitments During
the Life of this Award
(i) The Association
commits to continuing co-operation with and, where requested, participation in,
NSW Health efficiency and productivity improvement initiatives, including those
set out below:
(a) better demand
management though Medical Assessment Units, Community Service Packages, and Community
Acute/Post-Acute Care;
(b) improved Severe
Chronic Disease Management (SCDM);
(c) implementation
of Electronic Medical Records, Electronic Medication Management, and
Computerised Physician Order Entry;
(d) enhanced
Healthcare Associated Infections (HAI) control;
(e) improved
clinical hand-over procedures;
(f) reduction in
medication errors;
(g) increased utilisation
of Tele health, enabling rural and remote hospitals to access advice and
specialised skills to minimise treatment delays and reduce patient transfers;
(h) improved
Nursing/Midwifery Unit Manager capabilities;
(i) improved Drug
& Alcohol Consultation liaison;
(j) improved
Management of Patient Deterioration;
(k) management of
ambulatory care sensitive conditions;
(l) implementing the new rostering
system, in particular co-operating in learning and applying the new system; and
(m) continuation of
changes to ensure consistency in approach to skill mix and classifications,
including use of nurse practitioners, senior clinical nurses, enrolled nurses
and assistants in nursing. One of the clinical areas to be reviewed to ensure
appropriate skill mix is in operating theatres.
(ii) The Association
commits to continuing co-operation with and, where requested by the Ministry,
participation in, the following initiatives:
(a) better
discharge management planning to facilitate earlier discharges and other
improved patient flow strategies;
(b) trialling and/or
implementation of new models of care, such as Urgent Care Centres and the
Surgery Futures project, which includes establishment of high volume short stay
surgery centres and improved separation of emergency from planned surgery;
(c) operating
theatre redesign to move procedures not needing a full operating theatre
environment to procedure rooms and ambulatory care centres;
(d) implementation
of programs to facilitate rapid assessment of patients from residential aged
care facilities;
(e) the Pharmacy
Reform program, in particular the review of nursing roles in medication management
(including transition to home and genera! business processes) and
implementation of any recommended changes; and
(f) operationalising Supervision for
Safety principles within existing staffing.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Rates for FFPPCOOA
01/07/2022
Per week
|
Registered Nurse/Midwife
|
|
1st Year
|
1290.90
|
2nd Year
|
1360.90
|
3rd Year
|
1431.20
|
4th Year
|
1506.50
|
5th Year
|
1581.30
|
6th Year
|
1655.80
|
7th Year
|
1740.90
|
8th Year and Thereafter
|
1812.40
|
Clinical Nurse/Midwife Specialist
|
|
Grade 1 - 1st Year and Thereafter
|
1886.10
|
Grade 2- 1st Year
|
2026.10
|
Grade 2 - 2nd Year and Thereafter
|
2092.60
|
Clinical Nurse/Midwife Consultant
|
|
Grade 1 - 1st Year
|
2267.20
|
Grade 1 - 2nd Year and Thereafter
|
2313.60
|
Grade 2 - 1st Year
|
2359.30
|
Grade 2 - 2nd Year and Thereafter
|
2406.30
|
Grade 3 - 1st Year
|
2498.70
|
Grade 3 - 2nd Year and Thereafter
|
2545.10
|
Clinical Nurse/Midwife Educator
|
|
Year 1
|
1962.40
|
Year 2 and Thereafter
|
2026.10
|
Nurse/Midwife Educator
|
|
4th Year as at 1/7/08
|
2319.30
|
Grade 1 - 1st Year
|
2204.30
|
Grade 1 - 2nd Year and Thereafter
|
2267.20
|
Grade 2 - 1st Year
|
2359.30
|
Grade 2 - 2nd Year and Thereafter
|
2406.30
|
Grade 3 - 1st Year
|
2498.70
|
Grade 3 - 2nd Year and Thereafter
|
2545.10
|
Nurse/Midwife Practitioner
|
|
1st Year
|
2498.70
|
2nd Year
|
2545.10
|
3rd Year
|
2610.10
|
4th Year and Thereafter
|
2675.40
|
Nursing/Midwife Unit Manager
|
|
Level 1
|
2273.80
|
Level 2
|
2381.50
|
Level 3
|
2445.60
|
Nurse/Midwife Manager
|
|
Grade 1 - 1st Year
|
2267.20
|
Grade 1 - 2nd Year and Thereafter
|
2313.60
|
Grade 2 - 1st Year
|
2359.30
|
Grade 2 - 2nd Year and Thereafter
|
2406.30
|
Grade 3 - 1st Year
|
2498.70
|
Grade 3 - 2nd Year and Thereafter
|
2545.10
|
Grade 4 - 1st Year
|
2637.50
|
Grade 4 - 2nd Year and Thereafter
|
2683.80
|
Grade 5 - 1st Year
|
2775.70
|
Grade 5 - 2nd Year and Thereafter
|
2822.70
|
Grade 6 - 1st Year
|
2915.20
|
Grade 6 - 2nd Year and Thereafter
|
2961.90
|
Grade 7 - 1st Year
|
3146.10
|
Grade 7 - 2nd Year and Thereafter
|
3193.00
|
Grade 8 - 1st Year
|
3378.20
|
Grade 8 - 2nd Year and Thereafter
|
3424.20
|
Grade 9 - 1st Year
|
3609.10
|
Grade 9 - 2nd Year and Thereafter
|
3655.70
|
N.
CONSTANT, Chief Commissioner
D.SLOAN,
Commissioner
J.
WEBSTER, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.