Nurses' (Local Government) Residential Aged Care
Consolidated (State) Award 2021
AWARD REPRINT
This reprint of the
consolidated award is published under the authority of the Industrial Registrar
pursuant to section 390 of the Industrial Relations Act 1996, and
under clause 6.6 of the Industrial Relations Commission Rules 2022.
I certify that the
form of this reprint, incorporating the variations set out in the schedule, is
correct as at the latest date of effect therein mentioned.
K. JONES,Â
Industrial Registrar
Schedule of Variations
Incorporated
Variation Serial No.
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Date of Publication
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Effective Date
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Industrial Gazette Reference
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Volume
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Page
No.
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C9933
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14
March 2025
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1
September 2024
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397
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1102
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AWARD
Arrangement
PART A
Clause No.       Subject Matter
1.        Definitions
2.        Hours
of Work and Free Time of Employees other than Directors of Nursing
3.        Hours
of Work and Free Time of Directors of Nursing
4.        Remuneration
Packaging
5.        Rosters
6.        Salaries
7.        Recognition
of Service and Experience
8.        Average
Occupied Beds
9.        Special
Allowances
10.     Continuing
Education Allowance
11.     Climatic
and Isolation Allowance
12.     Penalty
Rates for Shift Work and Weekend Work
13.     Expense
Allowance for Directors of Nursing
14.     Telephone
Allowance
15.     Public
Holidays
16.     Uniform
and Laundry Allowance
17.     Higher
Grade Duty
18.     Overtime
19.     Payment
and Particulars of Salaries
20.     Proportion
21.     Part-time,
Casual and Temporary Employees
22.     Annual
Leave
23.     Annual
Leave Loading
24.     Sick
Leave
25.     Long
Service Leave
26.     Compassionate
Leave
27.     Parental
Leave
28.     Personal/Carer’s
Leave
29.     Staff
Amenities
30.     Labour Flexibility
31.     Medical
Examination of Nurses
32.     Escort
Duty
33.     Deputy
Director of Nursing and Assistant Director of Nursing
34.     Nursing
Unit Managers
35.     Fares
and Expenses
36.     Registration
or Enrolment Pending
37.     Termination
of Employment
38.     Award
Benefits to be Continuous
39.     Special
Provisions Relating to Trainee Enrolled Nurses
40.     Trainee
Enrolled Nurse
41.     Trainee
Assistant in Nursing
42.     Right
of Entry
43.     Redundancy
44.     Attendance
at Meetings and Fire Drills
45.     Training
for Nurses
46.     Resolution
of Disputes
47.     Anti-Discrimination
48.     Enterprise
Arrangements
49.     Exemptions
50.     Secure
Employment
51.     Superannuation
52.     Introduction
of Change
53.     Area, Incidence and Duration
PART B
MONETARY
RATES
Table 1 -
Salaries
Table 2 -
Other Rates and Allowances
Table 3 -
Continuing Education Allowances
Table 4 -
Assistant in Nursing - Monetary Rates for Trainees
Table 5 -
Assistant in Nursing - Monetary Rates for School Based Traineeships
Table 6 -
Assistant in Nursing - Wages - School Based Traineeships
PART A
1.Â
Definitions
The following
definitions apply in this award, except where otherwise clearly indicated.
(i)Â Â Â Â Â Â Â "Approved
fund" means:
(a)Â Â Â Â Â Â Aware
Super (formerly known as First State Super);
(b)Â Â Â Â Â Â Health
Employees Superannuation Trust Australia (HESTA);
(c)Â Â Â Â Â Â any
superannuation fund as agreed between the Association and employer(s), provided
that the fund is a complying regulated fund and holds a Certificate of
Compliance issued by the Australian Prudential Regulation Authority. Provided further that the Association will
not unreasonably withhold agreement unless it establishes good and proper reasons;
(d)Â Â Â Â Â Â any
superannuation fund operating within a place of employment prior to 1 July 2000
provided that the fund is a complying regulated fund, holds a Certificate of
Compliance issued by the Australian Prudential Regulation Authority, and the
Association agrees to the continued approval of that fund. Provided that the Association will not
unreasonably withhold agreement unless it establishes good and proper reasons;
(e)Â Â Â Â Â Â any
superannuation fund nominated by the employee and approved by the employer in
accordance with section 124 of the Industrial Relations Act 1996 (NSW)
("the 1996 Act").
(ii)Â Â Â Â Â "Assistant in Nursing" means - a
person, other than a registered nurse, trainee or enrolled nurse who is
employed in nursing duties in a facility.
(iii)Â Â Â Â "Assistant Director of Nursing"
means:
(a)Â Â Â Â Â Â A person appointed as such in any sized
facility and includes a person appointed as the nurse in charge during the
evening or night in a facility where the adjusted daily average of occupied
beds is not less than 150.Â
(b)Â Â Â Â Â Â A person appointed as such to a position
approved by the employer including persons appointed to be in
charge of a ward or group of wards.
(iv)Â Â Â Â "Association" means the New South
Wales Nurses and Midwives' Association.
(v)Â Â Â Â Â Â "Board" means the Nursing and
Midwifery Board of Australia.
(vi)Â Â Â Â "Complying
regulated fund" means a superannuation fund that is regulated under the Superannuation
Industry (Supervision) Act 1993 (Cth) and has been issued with a
Certificate of Compliance by the Australian Prudential Regulation Authority.
(vii)Â Â Â "Clinical Nurse Consultant" means
- a registered nurse appointed as such to the position, who has had at least
five years' post registration experience and who has in addition approved post
registration nursing qualifications relevant to the field in which they are
appointed or such other qualifications or experience deemed appropriate by the
employer.
(viii)Â Â "Clinical Nurse Educator" means - a
registered nurse with relevant post registration certificate qualifications or
experience deemed appropriate by the employer, who is required to implement and
evaluate educational programmes at the nursing home.
The Clinical Nurse Educator will
cater for the delivery of clinical nurse education at the nursing home.
The Clinical Nurse Educator may
also be responsible for new employee orientation at the nursing home.
A nurse will achieve Clinical Nurse
Educator status on a personal basis by being required by the nursing home to
provide the educational programmes detailed above.
(a)Â Â Â Â Â Â Nothing in this clause will affect the
role carried out by the Clinical Nurse Specialist as a specialist resource and
the Clinical Nurse Consultant in the primary role of clinical consulting,
researching etc.
(ix)Â Â Â Â "Clinical Nurse Specialist": -
(a)Â Â Â Â Â Â In facilities of 250 ADA and above, the
definition of a Clinical Nurse Specialist is:
"Clinical Nurse
Specialist" means - a registered nurse with specific post registration
qualifications and twelve months experience working in the clinical area of
their specified post registration qualification; or a registered nurse with
four years post registration experience in a specific clinical area and working
in the clinical area of their specified post registration experience.
(b)Â Â Â Â Â Â In facilities of less than 250 ADA the
definition for Clinical Nurse Specialist is:
"Clinical Nurse
Specialist" means - a registered nurse with specific post registration
qualifications and twelve months experience working in the clinical areas of
their specified post registration qualification.
(x)Â Â Â Â Â Â "Day Worker" means - a worker
who works their ordinary hours from Monday to Friday inclusive and who
commences work on such days at or after 6am and before 10am, otherwise than as
part of the shift system.
(xi)Â Â Â Â "Deputy Director of Nursing"
means - a person appointed to that position or deemed to hold that position
pursuant to clause 33, Deputy Director of Nursing and Assistant Director of
Nursing, of this award.
(xii)Â Â Â "Director of Nursing" means a
registered nurse who is registered by their employer with the Health
Administration Corporation as the person in charge of the facility. There will
be only one person in each facility entitled to be classified as Director of
Nursing or whatever title the senior nursing administrator is known by in the
individual facility and will include "Director of Nursing" as defined
by Part 7, Division 4, 104 (3) of the Public Health Act 2010 (NSW).
(xiii)Â Â "Enrolled Nurse" means - a person
enrolled by the Board as such.
(xiv)Â Â "Experience" in relation to an enrolled
nurse or assistant in nursing means experience both before and/or after the
commencement of this award whether within New South Wales or elsewhere and in
the case of an enrolled nurse or assistant in nursing who was formerly a
student nurse includes experience as such student nurse.
(xv)Â Â Â "Facility" means - a nursing home
or residential aged care facility
(xvi)Â Â "Industry of Nursing" means - the
industry of persons engaged in New South Wales in the profession of nursing in
nursing homes and hostels.
(xvii)Â "Nurse" includes Registered Nurses,
Enrolled Nurses and Assistants in Nursing.
(xviii) "Nurse Educator" means - a registered
nurse with a post registration certificate, who has relevant experience or
other qualifications deemed appropriate by the employer, and who is appointed
to a position of Nurse Educator.
A Nurse Educator will be responsible for the development,
implementation, and delivery of nursing education programmes
within a nursing home or group of nursing homes. Nurse education programmes will mean courses conducted such as post
registration certificates, continuing nurse education, orientation programmes including new graduate programmes,
post enrolment courses for enrolled nurses and where applicable general staff
development courses.
A person appointed to a position of Nurse Educator who holds relevant
tertiary qualifications in education or tertiary postgraduate specialist
clinical nursing qualifications will commence on the 3rd year rate of the
salary scale.
A person appointed as the sole nurse educator for a group of nursing
homes will be paid at the 3rd year rate of the salary scale.
Incremental progression for Nurse Educators will be on completion of 12
months satisfactory full-time equivalent service, provided
that progression will not be beyond the 3rd year rate unless the person
possesses the qualifications detailed in the two previous paragraphs. Persons appointed to the 3rd year rate by
virtue of paragraphs 3 and 4 above will progress to the 4th year rate after
completion of 12 months satisfactory full time
service.
(xix)Â Â "Nursing Home" means a facility at
which residential care (within the meaning of the Aged Care Act 1997 (Cth)) is provided, being:
(a)Â Â Â Â Â Â a facility at which care is provided in
relation to an allocated place (within the meaning of that Act) that requires a
high level of residential care (within the meaning of that Act), or
(b)Â Â Â Â Â Â a facility that belongs to a class of
facilities prescribed by the regulations
(xx)Â Â Â "Ordinary time earnings" for the
exclusive purpose of clauses relating to superannuation means remuneration for
an employee’s weekly number of hours of work, excluding overtime hours,
calculated at the ordinary-time rate of pay, including the following:
(a)Â Â Â Â Â Â Monday
to Friday shift premiums for ordinary hours of work;
(b)Â Â Â Â Â Â Weekend
shift premiums for ordinary hours of work;
(c)Â Â Â Â Â Â Public holiday loadings;
(d)Â Â Â Â Â Â any
percentage addition payable to casual employees for ordinary hours of work;
(e)Â Â Â Â Â Â ordinary
time award allowances (not including expense-related allowances);
(f)Â Â Â Â Â Â Â over-award
payments for ordinary hours of work.
(xxi)Â Â "Qualified employee" means:
(a)Â Â Â Â Â Â A
full-time or part-time employee who has completed at least four weeks' service
in the industry of nursing. Provided
that once this period has elapsed, payments in accordance with clause 51 will
be made for the entire period of service with the employer;
(b)Â Â Â Â Â Â A
casual employee who has earned in excess of $2000.00
ordinary-time earnings during their employment with an employer in the course
of any one year (1 July to 30 June).Â
Provided further that any casual employee who is deemed to be a
qualified employee prior to the operative date of this award will continue to
be qualified.
(xxii)Â "Registered Nurse" means - a person
registered by the Board as such.
(xxiii) "Senior Nurse Educator" means - a
registered nurse with a post registration certificate or appropriate qualifications,
who has, or is working towards, recognised tertiary
qualifications in education or equivalent and has demonstrated experience and
skills in the field of education, and who is appointed to a position of Senior
Nurse Educator.
A Senior Nurse Educator will be
responsible for one or more Nurse Educators in the planning, co-ordination,
delivery and evaluation of educational programmes
such as post registration certificate courses, continuing nurse education,
orientation programmes including new graduate programmes, post enrolment courses for enrolled nurses and
where applicable general staff development courses either in a nursing home or
in a group of nursing homes.
Incremental progression will be on
completion of 12 months' satisfactory service.
(xxiv) "Service" for the purpose of clause
6, Salaries, of this award, means - service before or after the commencement of
this award in New South Wales or elsewhere as a registered nurse, plus any
actual periods on and from 1 January 1971, during which a registered nurse
undertook a prescribed geriatric, infants', midwifery, mothercraft or
psychiatric training course, or attended a post-graduate course recognised by the Board whether in New South Wales or
elsewhere; provided that in the case of service elsewhere than in New South
Wales where the period of the prescribed course of training is less than the
period of the prescribed course of training in New South Wales, the nurses will
serve a period after graduation equal to the difference between the period of
the prescribed course elsewhere than in New South Wales and the period of the
prescribed course in New South Wales before becoming entitled to be paid as a
registered nurse, general nurse, geriatric nurse, infants' nurse, midwifery
nurse, mothercraft nurse or psychiatric nurse as the case may be.
(xxv)Â "Shift Worker" means - a worker who
is not a day worker as defined.
(xxvi) "They" may be used to refer to
multiple people or as a gender neutral way of
referring to a singular person.
(xxvii) "Trainee Enrolled Nurse" means - a
person who is being trained to become an enrolled nurse in a nursing home recognised by the Board for that purpose.
2.Â
Hours of Work and Free Time of Employees Other Than Directors of Nursing
(i)Â Â Â Â Â Â Â The
ordinary hours of work for day workers, other than Directors of Nursing,
exclusive of meal times, will be 152 hours per 28
calendar days, to be worked Monday to Friday, inclusive, and to commence on
such days at or after 6am and before 10am.
(ii)Â Â Â Â Â The
ordinary hours of work for shift workers, other than Directors of Nursing,
exclusive of meal
times,
will not exceed an average of 38 hours per week in each roster cycle.
(iii)
(a)Â Â Â Â Â Â The
hours of work prescribed in subclauses (i) and (ii) of this clause will,
where possible, be arranged in such a manner that in each roster cycle of 28
calendar days each employee will not work their ordinary hours of work on more
than 19 days in the cycle.
(b)Â Â Â Â Â Â Notwithstanding the provision of paragraph
(a) of this subclause, employees may, with the agreement of the employer, work
shifts of less than eight hours each over 20 days in each cycle of 28 days.
(c)Â Â Â Â Â Â Provided that on the
occasion of an employee's written request, and with the consent of the
employer, a 9.5-day fortnight may be worked instead of the 19-day month.
NOTE: This subclause is designed to
ensure that rosters achieve increased leisure time for nurses, rather than
reduced daily hours. This can be achieved by the working of shifts of longer
than eight hours per day, with the result that less than 19 days are worked in
28, but without the accrual of an additional day off, as well as by the working
of a 19-day month with an accrued additional day off.
(iv)Â Â Â Â Each
shift will consist of no more than ten hours on a day shift or 11 hours on a
night shift with not less than eight hours break between each shift; provided
that an employee will not work more than seven consecutive shifts unless the employee so requests and the Director of
Nursing agrees. Provided also that an employee will not work more than two
quick shifts in any period of seven days, i.e., an evening shift followed by a
morning shift, where the break between ordinary shifts is less than ten hours.
(v)Â Â Â Â Â Â The
employer is to decide when employees take their additional days off prescribed
in subclause (iii) of this clause (as a consequence of the implementation of the 38-hour
week). Where necessary, the employer must consult with the affected employees
to ascertain the employees’ preferences and must take any such preferences into
account when arriving at a decision. Where practicable, additional days off
duty will be consecutive with the rostered days off duty prescribed in
subclause (xiv) of this clause.
(vi)Â Â Â Â Once set, the additional day off duty may
not be changed, except in accordance with the provisions of clause 5, Rosters.
(vii)Â Â Â Where
the employer’s decision (in accordance with subclause (v) of this clause) is
that an employee’s additional days off be accumulated, no more than six days
may be accumulated in any one year of employment. By mutual agreement this may
be extended to no more than 12 days at any one time.
(viii)
(a)Â Â Â Â Â Â Except
for breaks for meals, the hours of duty each day will be continuous.
(b)Â Â Â Â Â Â "Broken shift" for the purposes
of this subclause means a shift worked by a permanent part-time employee that
includes a break (other than a meal break) of not more than four hours and
where the span of hours is not more than 12 hours.
(c)Â Â Â Â Â Â Notwithstanding paragraph (a) above and
subclause (iv) of this clause, an employer association representing an employer
may apply to the Association for permission to implement broken shifts.
(d)Â Â Â Â Â Â Broken shifts may be worked without the permission
of the Association, but only where:
(1)Â Â Â Â Â Â it is for a period of one month or less;
and
(2)Â Â Â Â Â Â it is by reason of an emergency in the
roster, e.g., absence of another employee due to sick leave, annual leave on
short notice or resignation; and
(3)Â Â Â Â Â Â the affected employees agree to work the
broken shifts.
(ix)
(a)Â Â Â Â Â Â Each employee will be allowed a break of
not less than 30 minutes and not more than 60 minutes for each meal occurring
on duty.
(b)Â Â Â Â Â Â Where practicable, employees will not be
required to work more than five hours without a meal break.
(x)Â Â Â Â Â Â Two
separate ten-minute intervals (in addition to meal breaks) will be allowed each
employee on duty during each ordinary shift of 7.6 hours or more; where less
than 7.6 ordinary hours are worked, employees will be allowed one ten-minute
interval in each four-hour period. Subject to agreement between the employer
and the employee, such intervals may alternatively be taken as one 20-minute
interval, or as one ten-minute interval with the employee allowed to proceed
off duty ten minutes before the completion of the normal shift finishing time.
Such interval(s) will count as working time.
(xi)Â Â Â Â Subclauses (ix) and (x) of this clause will
not apply to an employee who, before going on night duty, is provided with a
meal between 9pm and 11pm and who is allowed two intervals of 20 minutes each
during the period of night duty, but such intervals will count as working time
and will be paid for as such.
(xii)
(a)Â Â Â Â Â Â Except
as provided for in paragraph (b) of this subclause, an employee will not be
employed on night duty for a longer period than eight consecutive weeks. After
having served a period of night duty, an employee will not be required to serve
a further period on night duty until they have been off night duty for a period
equivalent to the previous period on night duty.
(b)Â Â Â Â Â Â The
provisions of paragraph (a) will not apply to an Assistant Director of Nursing,
a Nursing Unit Manager or a registered nurse in charge, as the
case may be, who
is employed permanently in charge at night, nor to an employee who requests to
be employed on night duty and the Director of Nursing consents.
(c)Â Â Â Â Â Â Moreover, except in cases of emergency, a
trainee enrolled nurse will not be employed on night duty for more than ten
weeks in any one year of training nor will a trainee enrolled nurse who is
sitting for their final examination be required to perform night duty during a
period of at least two weeks prior to the respective examination or on the two
nights following such examination.
(xiii)Â Â An
employee changing from night duty to day duty or from day duty to night duty
will be free from duty during the 20 hours immediately preceding the
commencement of the changed duty.
(xiv)
(a)Â Â Â Â Â Â Each
employee will be free from duty for not less than two full days in each week or
four full days in each fortnight or eight full days in each 28-day cycle and no
duties will be performed by the employee on any of such free days except for
overtime. Where practicable, days off will be consecutive and will not be
preceded by an evening shift or a night shift unless an additional eight hours
are granted as sleeping time. An evening shift will be one which commences at
or after 1pm and before 4pm.
(b)Â Â Â Â Â Â An employee, at their request, may be
given free-from-duty time in one or more periods but no period will be less
than one full day.
(c)Â Â Â Â Â Â For the purpose of this subclause,
"full day" means - from midnight to midnight or midday to midday.
(xv)
(a)Â Â Â Â Â Â Employees may be required to remain
"on call". Any such time on call will not be counted as time worked
(except insofar as an employee may take up actual duty in response to a call)
but will be paid for in accordance with clause 9, Special Allowances. Provided,
however, that no employee will be required to remain on call whilst on leave or
on the day before entering upon leave.
(b)Â Â Â Â Â Â No
employee will be required to remain on call while on a rostered day or days off
nor on completion of the shift on the day preceding a rostered day off. This
provision will not apply where in special circumstances it is necessary for an
employer to place staff on call on rostered days off or on completion of the
shift on the day preceding a rostered day off in order to ensure the provision of services.
(xvi)Â Â All rostered time off duty occupied by a
trainee enrolled nurse in attendance at lectures and demonstrations given in the course of instruction in the theory and practice of
nursing or during the time necessarily occupied in attending at and sitting for
prescribed examinations will be deemed to be time worked.
(xvii)Â The provisions of paragraphs (a) and (b) of
subclause (xii) and of subclause (xiii) and of paragraph (a) of subclause (xiv)
of this clause, will not apply if the employee is required to perform duty to
enable the nursing service of the employer to be carried on or where another
employee is absent from duty on account of illness or in an emergency.
3.Â
Hours of Work and Free Time of Directors of Nursing
(i)Â Â Â Â Â Â Â A
Director of Nursing will be free from duty for not less than nine days in each 28
consecutive days and such days free from duty may be taken in one or more
periods.
(ii)Â Â Â Â Â If any of the days mentioned in subclause
(i) of this clause cannot be taken by reason of
emergency, such day or days will be given and taken within 28 days of becoming
due.
(iii)Â Â Â Â A Director of Nursing will, where
practicable, inform their employer by giving not less than seven days' notice
of the days they propose to be free from duty; provided that such days will be
subject to the approval of the employer, and such approval will not be
unreasonably withheld.
4.Â
Remuneration Packaging
(i)Â Â Â Â Â Â Â Where an
employer intends to offer remuneration packaging generally to employees under
this award, the employer will notify the Association at least 21 days prior to
making that general offer that it intends to make a general offer of
remuneration packaging to employees under this award.
(ii)Â Â Â Â Â Where the employer offers remuneration
packaging to an individual employee, the employer will allow the employee a
period of no less than 21 days to seek independent advice on the terms of the
proposed remuneration packaging.
(iii)Â Â Â Â Remuneration packaging will be introduced
by agreement between an employer and the employee. Neither the employee nor the
employer will be compelled to enter into a salary
packaging arrangement. Employees may exercise their rights to continue to
receive their applicable salary.
(iv)Â Â Â Â The terms and conditions of a package
offered to an employee will not, when viewed objectively, be less favourable than the entitlements otherwise available under
the award and will be subject to the following provisions:
(a)Â Â Â Â Â Â The employer will ensure that the
structure of any package complies with taxation and other relevant laws.
(b)Â Â Â Â Â Â All award conditions, other than the
salary and those conditions as agreed in paragraph (c) below will continue to
apply.
(c)Â Â Â Â Â Â Where
packaging arrangements apply with a Director of Nursing (DON) or a Deputy
Director of Nursing (DDON), the employer and employee may by mutual agreement
delete the application of certain award clauses, excepting clauses 22, Annual
Leave; 24, Sick Leave; 25, Long Service Leave; and 28, Personal/Carer’s Leave.
(d)
(i)Â Â Â Â Â Â Â Employees
will have the Superannuation Guarantee Contribution (SGC) calculated on their
award salary prior to the application of any remuneration packaging
arrangements.
(v)Â Â Â Â Â Â A copy of the agreement will be made
available to the employee.
(vi)Â Â Â Â The employee will be entitled to inspect
details of the payments made under the terms of this agreement.
(vii)Â Â Â The configuration of the remuneration
package will remain in force for the period agreed between the employee and the
employer.
(viii)Â Â Where at the end of the Fringe Benefit Tax
year the full amount allocated to a specific benefit has not been utilised, it will be paid as salary, which will be subject
to appropriate taxation requirements. By agreement between the employer and the
employee, any unused benefit may be carried forward to the next period on the
basis that any FBT obligation is accepted by the employee.
(ix)Â Â Â Â In the event that the employer ceases to
attract exemption from payment of Fringe Benefit Tax, the employer may
terminate all remuneration packaging arrangements and the employee's salary
will revert to the applicable award classification rate the employee would have
been entitled to receive but for the remuneration packaging agreement.
(x)Â Â Â Â Â Â One months notice
by either party is required for change or termination of a remuneration
packaging agreement, unless the change or termination is brought about by
legislation or an increase to the award wage.
(xi)Â Â Â Â In the event that the employee ceases to be
employed by the employer this agreement will cease to apply as at the date of
termination. Benefits not paid on or before the date of termination will be
treated as salary and the appropriate tax deducted.
(xii)Â Â Â Pay increases granted to employees in
accordance with this award will also apply to employees subject to remuneration
packaging arrangements.
(xiii)Â Â Any allowance, penalty rate, overtime,
payment for unused leave entitlements, other than any payments for leave taken
whilst employed, will be calculated by reference to the salary which would have
applied to the employee in the absence of any remuneration packaging
arrangements.
5.Â
Rosters
(i)Â Â Â Â Â Â Â The ordinary
hours of work for each employee, other than the Director of Nursing, will be
displayed on a roster in a place conveniently accessible to employees.
(ii)Â Â Â Â Â The roster will, where practicable, be
displayed at least two weeks, and in any event not less than one week, prior to
the commencing date of the first working period in the roster.
(iii)Â Â Â Â Notwithstanding the foregoing provisions of
this clause, a roster may be altered at any time to enable the nursing service
of the facility to be carried on where another employee is absent from duty on
account of illness or in an emergency; provided that where any such alteration
involves an employee working on a day which would otherwise have been such
employee's day off, the day off in lieu thereof will be as mutually arranged.
(iv)Â Â Â Â Prior to the date of the changed shift,
such change of roster will be notified verbally or in writing to the employee
concerned.
(v)Â Â Â Â Â Â Where an employee is entitled to an
additional day off duty in accordance with clause 2, Hours of Work and Free
Time of Employees other than Directors of Nursing, of this award, such day is
to be shown on the roster of hours for that employee.
(vi)Â Â Â Â All rosters will be retained for at least
six years.
6.Â
Salaries
(i)Â Â Â Â Â Â Â The minimum
salaries per week will be as set out in Table 1 - Salaries, of Part B, Monetary
Rates.
7.Â
Recognition of Service and Experience
(i)Â Â Â Â Â Â Â The employer
will notify each nurse, in writing, of the requirements of this clause at the
time of the nurse's commencement of employment. If the employer does not so
notify the nurse, then the requirements of this clause will not commence until
the employer does so notify the nurse.
(ii)Â Â Â Â Â From
the time of commencement of employment the nurse has three months in
which to provide documentary evidence to their employer detailing any other
`service' or `experience', as defined in clause 1, Definitions, not disclosed
at the time of commencement. This evidence, in the absence of other documentary
evidence may take the form of a statutory declaration.
(iii)Â Â Â Â Until such time as the nurse furnishes any
such documentation contemplated in subclause (ii) above, the employer will pay
the nurse at the level for which proof has been provided.
(iv)Â Â Â Â If within three months of commencing
employment a nurse does provide documentary evidence of other previous service
or experience not disclosed at the time of commencement, the employer will pay
the nurse at the appropriate rate as and from the date of commencement that
would have been paid from that date had the additional evidence been provided
at that time.
(v)Â Â Â Â Â Â If a nurse provides documentary evidence
of other previous service or experience not disclosed at the time of
commencement after the said three months period, the nurse will be paid a rate
appropriate for the previous service or experience then proved, but only from
the date of providing that evidence to the employer.
(vi)Â Â Â Â A nurse who is working as a nurse for more
than one organisation will notify each employer under
this award within one month of the end of each quarter of their hours worked
with those other employers in the last quarter.
(vii)Â Â Â A nurse who is entitled to progress to the
next year of service or experience (by reason of hours worked with other
employers) as and from a particular date must provide proof of that entitlement
within three months of that entitlement arising. If that proof is so provided,
the nurse will be paid at the higher rate as and from the date they were
entitled to progress to the next year of service or experience. If the proof is
provided outside that three-month period, the nurse will be paid at the higher
rate only from the date that proof is provided.
8.Â
Average Occupied Beds
The
average will be taken for the 12 months ended 30 June in each
and every year and such average will relate to the salary of the
Director of Nursing and Deputy Director of Nursing for the succeeding year. On
request, an employer will furnish to the Association a statement in writing
showing the adjusted daily average of occupied beds for the twelve months
ending on the preceding 30 June.
9.Â
Special Allowances
(i)
(a)Â Â Â Â Â Â A
registered nurse in charge during the day, evening or night of a facility
having a daily average of occupied beds of less than 150 will be paid, in
addition to their appropriate salary, whilst so in charge, the relevant sum set
out in Item 1 of Table 2, Other Rates and Allowances, of Part B Monetary Rates,
per shift.
(b)Â Â Â Â Â Â A
registered nurse who is designated to be in charge of a shift in a ward will be paid, in
addition to their appropriate salary, the sum set out in Item 2 of the said
Table 2, per shift.
(c)Â Â Â Â Â Â This subclause will not apply to
registered nurses holding classified positions of a higher grade than a
registered nurse.
(d)Â Â Â Â Â Â An enrolled nurse will not be required to
be in charge of a facility, shift, ward or unit.
(ii)
(a)Â Â Â Â Â Â An
employee required by their employer to be on call otherwise than as provided
for in paragraph (b) of this subclause will be paid the sum set out in Item 3
of Table 2 for each period of 24 hours or part thereof, provided that only one
allowance will be payable in any period of 24 hours.
(b)Â Â Â Â Â Â An
employee required to be on call on rostered days off in accordance with
paragraph (b) of subclause (xv) of clause 2, Hours of Work and Free Time of
Employees Other Than Directors of Nursing, will be paid the sum set out in Item
4 of Table 2 for each period of 24 hours or part thereof, provided that only
one allowance will be payable in any period of 24 hours.
(c)Â Â Â Â Â Â An employee who is directed to remain on
call during a meal break will be paid the sum set out in Item 5 of Table 2,
provided that no allowance will be paid if, during a period of 24 hours,
including such period of on call, the employee is entitled to receive the
allowance prescribed in paragraph (a) of subclause (ii) of this clause.
(d)Â Â Â Â Â Â Where an employee on remote call leaves
the facility and is recalled to duty, they will be reimbursed all reasonable
fares and expenses actually incurred, provided that where an employee uses a
motor car in those circumstances the allowance payable will be calculated utilising the rate per kilometre
in Item 6 of Table 2.
(e)Â Â Â Â Â Â This subclause will not apply to a
Director of Nursing, subsidiary nursing home Director of Nursing, Deputy
Director of Nursing or Assistant Director of Nursing.
(iii)Â Â Â Â Where an employee is called upon and agrees
to use their own private vehicle for official business, payment of an allowance
will be made by utilising the rate per kilometre in Item 6 of Table 2. This subclause will apply
to all employees.
10.Â
Continuing Education Allowance
(i)Â Â Â Â Â Â Â A registered
nurse or enrolled nurse who holds a continuing education qualification in a
clinical field, in addition to the qualification leading to registration or
enrolment, will be paid an allowance subject to the conditions set out in this
clause.
(ii)Â Â Â Â Â The qualification must be accepted by the
employer to be directly relevant to the competency and skills used by the
employee in the duties of the position.
(iii)Â Â Â Â The allowance is not payable to Deputy
Directors of Nursing or Directors of Nursing unless it can be demonstrated to
the satisfaction of the employer that more than fifty per cent of the
employee’s time is spent doing clinical work.
(iv)Â Â Â Â The allowance is not payable to Clinical
Nurse Specialists, Clinical Nurse Consultants or Clinical Nurse Educators.
(v)Â Â Â Â Â Â An RN or EN holding more than one
relevant qualification is only entitled to the payment of one allowance, being
the allowance of the highest monetary value.
(vi)Â Â Â Â The employee claiming entitlement to a continuing
education allowance must provide evidence to the employer that they hold that
qualification.
(vii)Â Â Â An
RN who holds a relevant postgraduate certificate in a clinical field (not
including a hospital certificate) that is accepted by the employer to be
directly relevant to the competency and skills used by the RN in carrying out
the duties of the position will be paid a weekly allowance as set out in Item 1
of Table 3, Continuing Education Allowances of Part B, Monetary Rates.
(viii)Â Â An
RN who holds a relevant postgraduate diploma or degree in a clinical field
(other than a nursing undergraduate degree) that is accepted by the employer to
be directly relevant to the competency and skills used by the RN in carrying
out the duties of the position will be paid a weekly allowance as set out in
Item 2 of Table 3, Continuing Education Allowances of Part B, Monetary Rates.
(ix)Â Â Â Â An
RN who holds a relevant master’s degree or doctorate in a clinical field that
is accepted by the employer to be directly relevant to the competency and
skills used by the RN in carrying out the duties of the position will be paid a
weekly allowance as set out in Item 3 of Table 3, Continuing Education
Allowances of Part B, Monetary Rates.
(x)Â Â Â Â Â Â An
EN who holds a relevant certificate IV qualification in a clinical field (not
including a certificate IV qualification which has the effect of upgrading the
qualification leading to enrolment) that is accepted by the employer to be
directly relevant to the competency and skills used by the EN in carrying out
the duties of the position will be paid a weekly allowance as set out in Item 4
of Table 3, Continuing Education Allowances of Part B, Monetary Rates.
(xi)Â Â Â Â The allowances set out in subclauses (vii),
(viii), (ix) and (x) hereof are not included in the employee’s ordinary rate of
pay and will not constitute part of the all-purpose rate.
(xii)Â Â Â A registered nurse or enrolled nurse who is
employed on a part-time or casual basis will be paid these allowances on a pro
rata basis.
(xiii)Â Â The rates for these allowances will be
adjusted in accordance with increases in other wage-related allowances
contained in this award.
(xiv)Â Â Where a disagreement or dispute arises
concerning the eligibility of an employee for payment of a continuing education
allowance, and such disagreement or dispute is not resolved by the process set
out in subclauses (i), (ii) and (iii) of clause 46,
Resolution of Disputes, negotiations between the employer and the Association
must occur prior to referral to the Industrial Relations Commission for
determination.
11.Â
Climatic and Isolation Allowance
(i)Â Â Â Â Â Â Â Subject
to subclause (ii) of this clause, persons employed in facilities in places
situated upon or to the west of a line drawn as herein specified will be paid
the sum per week as set out in Item 7 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates, in addition to the salary to which they are
otherwise entitled. The line will be
drawn as follows:
Commencing at Tocumwal
and then on to the following towns in the order stated, namely, Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra,
Dunedoo, Coolah, Boggabri,
Inverell and Bonshaw.
(ii)Â Â Â Â Â Persons
employed in facilities in places situated upon or to the west of a line drawn
as herein specified will be paid the sum per week as set out in Item 8 of the
said Table 2 in addition to the salary to which they are otherwise entitled.
The line will be drawn as follows:
Commencing at a point on the right
bank of the Murray River opposite Swan Hill (Victoria), and then on to the
following towns in the order stated, namely, Hay, Hillston,
Nyngan, Walgett, Collarenebri and Mungindi.
(iii)Â Â Â Â Except for the computation of overtime, the
allowances prescribed by this clause will be regarded as part of the salary for
the purposes of this award.
(iv)Â Â Â Â The allowances prescribed by this clause
are not cumulative.
(v)Â Â Â Â Â Â An employee who works less than 38 hours
per week will be entitled to the allowances prescribed by this clause in the
same proportion as the average hours worked each week bears to 38 hours.
12.Â
Penalty Rates for Shift Work and Weekend Work
(i)Â Â Â Â Â Â Â Employees
working afternoon or night shift will be paid the following percentages in
addition to the ordinary rate for such shift. Provided that employees who work
less than 38 hours per week will only be entitled to the additional rates where
their shifts commence prior to 6am or finish subsequent to
6pm.
Afternoon
shift commencing at 10am and before 1pm
|
10 per cent
|
Afternoon
shift commencing at 1pm and before 4pm
|
12.5 per cent
|
Night
shift commencing at 4pm and before 4am
|
15 per cent
|
Night
shift commencing at 4am and before 6am
|
10 per cent
|
(ii)Â Â Â Â Â "Ordinary rate" and
"ordinary time" will not include any percentages addition by reason
of the fact that an employee works less than 38 hours per week, but will
include amounts payable under clause 6, Salaries, subclauses (i) and (ii) of clause 9, Special Allowances, and subclauses
(i) and (ii) of clause 11, Climatic and Isolation
Allowance.
(iii)Â Â Â Â For the purposes of this clause, day,
afternoon and night shifts will be defined as follows:
"Day shift" means - a
shift which commences at or after 6am and before 10am
"Afternoon shift" - means
a shift which commences at or after 10am and before 4pm
"Night shift" means - a
shift which commences at or after 4pm and before 6am on the day following.
(iv)Â Â Â Â Employees whose ordinary working hours
include work on a Saturday and/or Sunday, will be paid for ordinary hours
worked between midnight on Friday and midnight on Saturday at the rate of time
and one-half and for ordinary hours worked between midnight on Saturday and
midnight on Sunday at the rate of time and three-quarters. These extra rates
will be in substitution for and not cumulative upon the shift premiums
prescribed in subclause (i) of this clause.
The foregoing paragraph will apply
to employees who work less than 38 hours per week, but such employees will not
be entitled to be paid in addition any allowance prescribed by clause 21,
Part-time, Casual and Temporary Employees, in respect of their employment
between midnight on Friday and midnight on Sunday.
(v)Â Â Â Â Â Â The additional payments prescribed by
this clause will not form part of the employee's ordinary pay for the purposes
of this award, except as provided in clause 22, Annual Leave.
13.Â
Expense Allowance for Directors of Nursing
(i)Â Â Â Â Â Â Â The Director
of Nursing will be paid the appropriate sum as set out in Item 9 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates, according to the
adjusted daily average of the facility.
Payment equal to one quarter of the
annual amount is to be made at the end of each three month
period subsequent to appointment as Director of Nursing or Subsidiary Nursing
Home Director of Nursing in a particular nursing home.
(ii)Â Â Â Â Â Provided that this clause will only apply
to persons employed as at 12 December 1994 in nursing
homes conducted by members of Aged and Community Services Australia.
14.Â
Telephone Allowance
(i)Â Â Â Â Â Â Â If an
employee is required, for the purpose of their employment, to be on call on a
regular basis or where an employee is required by their employer to have a
telephone installed for the purpose of their employment, the employer will be
responsible for the following payments:
(a)Â Â Â Â Â Â Where the employee already has a
telephone installed:
(i)Â Â Â Â Â Â Â three-quarters
of the cost of rental of the telephone;
(ii)Â Â Â Â Â the cost of all official trunk line calls.
(b)Â Â Â Â Â Â Where the employee does not have the
telephone installed:
(i)Â Â Â Â Â Â Â the cost of
installation of the telephone;
(ii)Â Â Â Â Â three-quarters of the cost of rental of
the telephone;
(iii)Â Â Â Â the cost of all official trunk line calls.
(ii)Â Â Â Â Â Provided that this clause will not apply
to persons employed in facilities conducted by members of Aged and Community
Services Australia.
15.Â
Public Holidays
(i)Â Â Â Â Â Â Â The
following days will be public holidays: New Year's Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, and any other day or
part thereof proclaimed and observed as a public holiday within the area in
which the facility is situated. All five-day workers will be allowed every
public holiday prescribed by this subclause without loss of pay.
(ii)Â Â Â Â Â In
addition to those public holidays prescribed in subclause (i) of this clause, employees are
entitled to an extra public holiday each year. Such public holiday will occur
on a day between Christmas Day and New Year’s Day as determined by the employer
following consultation with the Association. This subclause will apply in
substitution for any additional local public holiday or half public holiday
proclaimed in a local government area.
(iii)
(a)Â Â Â Â Â Â A
full time employee who is covered by paragraph (b) of subclause (i) of clause 22, Annual Leave, and
who is required to and does work on a public holiday prescribed by subclauses (i) and (ii) of this clause will have one day or one half
day, as appropriate, added to their period of annual leave and will be paid at
the rate of time and one-half for the time actually worked.
Such payment is in lieu of any
additional rate for work or weekend work which would otherwise be payable had
the day shift not been a public holiday. In lieu of adding to annual leave
under this paragraph, an employee may elect to be paid for the time actually worked at the rate of time and one-half in addition
to their ordinary weekly rate. Such election will be made on the commencement
of employment and then on the anniversary date each year. The employee may not
alter such election during the year except with the agreement of the employer.
Where payment is made in lieu of leave in respect of the time worked on a
public holiday, payment will be made for a minimum of four hours' work, and any
balance of the day or shift not worked will be paid at ordinary rates.
(b)Â Â Â Â Â Â Where a public holiday falls on a
rostered day off of a full-time shift worker as defined in clause 1,
Definitions, who receives four weeks annual leave in accordance with paragraph
(b) of subclause (i) of clause 22, Annual Leave, such
shift worker will be paid one day's pay in addition to the weekly rate or, if
the employee so elects, will have one day added to the period of annual leave
prescribed by paragraph (b) of subclause (i) of
clause 22.Â
(c)Â Â Â Â Â Â For the purposes of this subclause, the
hourly rate of pay will be calculated on the basis of
one thirty-eighth of the appropriate ordinary weekly rate of pay prescribed in
clause 6, Salaries.
(iv)Â Â Â Â Employees engaged upon a seven-day shift
roster and who are required to work on any public holiday prescribed by
subclause (i) of this clause will be paid, in
addition to their ordinary pay for that day, an allowance of 50 per cent of
their ordinary day's pay for work performed within ordinary hours and double
time and a half for all time worked outside ordinary hours.
16.Â
Uniform and Laundry Allowance
(i)Â Â Â Â Â Â Â Subject to
subclause (iii) of this clause, sufficient suitable and serviceable uniforms,
including one pair of shoes per annum which will be of a recognised
acceptable standard for the performance of nursing duties, and one cardigan or
jacket, will be supplied free of cost to each employee required to wear a
uniform or part of a uniform. An employee to whom a new uniform or part of a
uniform has been issued who, without good reason, fails to return the
corresponding article last supplied will not be entitled to have such article
replaced without payment therefore at a reasonable price.
(ii)Â Â Â Â Â An employee, on leaving the service of an
employer, will return any uniform or part thereof supplied by that employer
which is still in use immediately prior to leaving.
(iii)
(a)Â Â Â Â Â Â In lieu of supplying uniforms and shoes
to an employee, an employer will pay the said employee the sum per week set in
Item 10 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates for
uniforms and the sum per week set out in Item 11 of the said Table 2 for shoes.
(b)Â Â Â Â Â Â In lieu of supplying a cardigan or jacket
to an employee, an employer will pay the said employee the sum per week set out
in Item 12 of Table 2.
(c)Â Â Â Â Â Â In lieu of supplying stockings to a
female employee, an employer will pay the said employee the sum per week set
out in Item 13 of Table 2.
(d)Â Â Â Â Â Â In lieu of supplying socks to an
employee, the employer will pay the said employee the sum per week set out in
Item 14 of Table 2.
(iv)Â Â Â Â If, in any facility, the uniforms of an
employee are not laundered at the expense of the facility, the sum per week set
out in Item 15 of Table 2 will be paid to the said employee. Provided that the
payment of such laundry allowance will not be made to any employee on absences
exceeding one week.
(v)Â Â Â Â Â Â Where the employer requires any employee
to wear headwear, the facility will provide headwear free of charge to the
employee.
(vi)Â Â Â Â The allowances referred to in subclause
(iii) are also payable during any period of paid leave.
17.Â
Higher Grade Duty
(i)Â Â Â Â Â Â Â Subject
to subclauses (ii), (iii) and (iv) of this clause, an employee who is called
upon to relieve an employee in a higher classification or is called upon to act
in a vacant position of a higher classification, will be entitled to receive
for the period of relief or the period during which they so act the minimum
payment for such higher classification.
(ii)Â Â Â Â Â The provisions of subclause (i) of
this clause will not apply where the employee of the higher classification is
off duty pursuant to clause 3, Hours of Work and Free Time of Directors of
Nursing, except insofar as a Director of Nursing accumulates days off for a
continuous period of one week or more; nor when an employee in a higher grade
is absent from duty by reason of their additional day off duty as a consequence
of working a 38 hour week.
(iii)Â Â Â Â Further,
the provisions of subclause (i) of this clause will not apply
where a Director of Nursing is absent from duty for a period of three working
days or less for any reason other than pursuant to the said clause 3.
(iv)Â Â Â Â Subject
to subclauses (ii) and (iii) above, the provisions of subclause (i) will not apply where a day worker
is being relieved and is absent from duty for a period of three consecutive
working days or less
18.Â
Overtime
(i)Â Â Â Â Â Â Â Employees
will work reasonable overtime when required by the employer.
(ii)Â Â Â Â Â An
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working hours which are unreasonable.
(iii)Â Â Â Â For the purposes of subclause (ii) what is
unreasonable or otherwise will be determined having regard to:
(a)Â Â Â Â Â Â any risk to employee health and safety;
(b)      the employee’s personal circumstances
including any family and carer responsibilities;
(c)Â Â Â Â Â Â the needs of the facility;
(d)Â Â Â Â Â Â the notice (if any) given by the employer
of the overtime and by the employee of their intention to refuse it; and
(e)Â Â Â Â Â Â any other relevant matter.
(iv)Â Â Â Â This subclause is subject to subclause (x)
below.
(a)Â Â Â Â Â Â Subject to paragraph (b) of this
subclause, all time worked by employees other than Directors of Nursing in
excess of the rostered daily ordinary hours of work will be overtime and will
be paid for at the rate of time and one-half for the first two hours and double
time thereafter in respect of each overtime shift worked or in respect of
overtime worked prior to or at the conclusion of a normal shift. Provided that
overtime worked on Sundays will be paid for at the rate of double time and on
public holidays at the rate of double time and one-half.
(b)Â Â Â Â Â Â All
time worked by employees pursuant to PART I - PERMANENT PART-TIME EMPLOYEES of
clause 21 Part-time, Casual and Temporary Employees, in excess of the rostered
daily ordinary hours of work prescribed for the majority of full-time employees
employed on that shift in the ward or section concerned will be paid for at the
rate of time and one-half for the first two hours and double time thereafter,
except that on Sundays such overtime will be paid for at the rate of double
time and on public holidays at the rate of double time and one-half.
Time worked up to the rostered
daily ordinary hours of work prescribed for a majority of
the full-time employees employed on that shift in the ward or section concerned
will not be regarded as overtime but an extension of the contract hours for
that day and will be paid at the ordinary rate of pay.
(v)Â Â Â Â Â Â The ordinary hours of work for Directors
of Nursing will be 38 per week and will not, without payment of overtime at the
rate of time and one-half, exceed:
(a)Â Â Â Â Â Â 43 hours in any week; or
(b)Â Â Â Â Â Â 86 hours in any fortnight; or
(c)Â Â Â Â Â Â 129 hours in any 21 consecutive days; or
(d)Â Â Â Â Â Â 172 hours in any 28 consecutive days.
(vi)Â Â Â Â An
employee required to work overtime following on the completion of their normal
shift for more than two hours will be allowed 20 minutes for the partaking of a
meal and a further 20 minutes after each subsequent four hours overtime; all
such time will be counted as time worked, provided that the benefits of this
subclause will not apply to an employee employed pursuant to PART I - PERMANENT
PART-TIME EMPLOYEES of clause 21 Part-time, Casual and Temporary Employees,
until the expiration of the normal shift for a majority of the full-time
employees employed on that shift in the ward or section concerned.
(vii)Â Â Â An
employee recalled to
work
overtime after leaving the employer's premises and who is required to work for
more than four hours will be allowed 20 minutes for the partaking of a meal and
a further 20 minutes after each subsequent four hours' overtime; all such time
will be counted as time worked.
(viii)Â Â The meals referred to in subclauses (vi) and
(vii) of this clause will be allowed to the employee free of charge. Where the
facility is unable to provide such meals, the sum per meal set out Item 16 of
Table 2 will be paid to the employee concerned.
(ix)Â Â Â Â Where an employee is required to work an
overtime shift on their rostered day off, the appropriate meal breaks for that
shift, as prescribed by clause 2, Hours of Work and Free Time of Employees
other than Directors of Nursing, will apply.
(x)Â Â Â Â Â Â Employees
who work so much overtime:
(a)Â Â Â Â Â Â between the termination of their ordinary
work on any day or shift and the commencement of their ordinary work on the
next day or shift that they have not had at least eight consecutive hours off
duty between these times; or
(b)Â Â Â Â Â Â on a Saturday, a Sunday or a public holiday,
not being ordinary working days, or on a rostered day off without having had
eight consecutive hours off duty in the 24 hours preceding the ordinary
commencing time on the next ordinary day or shift,
will, subject to this subclause, be
released after completion of such overtime until they have had eight
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence. If on the instruction of the employer such an
employee resumes or continues to work without having such eight consecutive
hours off duty, they will be paid at double time of the appropriate rate
applicable on such day until they are released from duty for such period and
they then will be entitled to be absent until they have had eight consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
(xi)Â Â Â Â An employee recalled to
work overtime after leaving the employer's premises will be paid for a
minimum of four hours work at the appropriate rate for each time so recalled.
If the work required is completed in less than four hours, the employee will be
released from duty; provided that this subclause does
not apply to a Director of Nursing.
(xii)Â Â Â By
agreement between the employee and employer, an employee may be compensated by
way of time off in lieu of payment of overtime on the following basis:
(a)Â Â Â Â Â Â Time off in lieu of overtime must be
taken at ordinary rates within three months of it being accrued.
(b)Â Â Â Â Â Â Where it is not possible for a nurse to
take the time off in lieu of overtime within the three-month period, it is to
be paid out at the appropriate overtime rate based on the rates of pay applying
at the time payment is made.
(c)Â Â Â Â Â Â Nurses cannot be compelled to take time
off in lieu of overtime.
(d)Â Â Â Â Â Â Time off in lieu of overtime should only
be considered as an option in those circumstances where the employer is able to
provide adequate replacement staff to ensure that the level of the quality of
service that would otherwise have been provided had the overtime been worked,
is in fact provided.
(e)Â Â Â Â Â Â Records of all time off in lieu of
overtime owing to nurses and taken by nurses must be maintained by the
employer.
19.Â
Payment and Particulars of Salaries
(i)Â Â Â Â Â Â Â All salaries
and other payments will be paid weekly or fortnightly, provided that payment
for any overtime worked may be deferred to the pay day next following the
completion of the working cycle within which such overtime is worked, but for
no longer; provided further that the payment of shift and weekend penalties
relating to work performed in the second week of a fortnightly roster period
may be deferred to the pay day next following the completion of the working
cycle within which such shifts were worked, but for no longer. Provided further
that, for the purpose of adjustments of wages related to variations in the
basic wage, the pay period will be deemed to be weekly.
(ii)Â Â Â Â Â Employees
will have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee. Salaries will be
deposited by facilities in sufficient time to ensure that wages are available
for withdrawal by employees by no later than pay day, provided that this
requirement will not apply where employees nominate accounts with non-bank
financial institutions; but in such cases facilities will take all reasonable
steps to ensure that the wages of such employees are available for withdrawal
by no later than pay day.
(iii)Â Â Â Â Notwithstanding the provisions of subclause
(ii) of this clause, an employee who has given or has been given the required
notice of termination of employment, in accordance with clause 37, Termination
of Employment, will be paid all moneys due to them prior to ceasing duty on the
last day of employment.
Where an employee is summarily
dismissed or their services are terminated without due notice, any moneys due
to them will be paid as soon as possible after such dismissal or termination but in any case not more than three days thereafter.
(iv)Â Â Â Â On each pay day an employee, in respect of
the payment then due, will be furnished with a written statement containing the
following particulars, namely: name, the amount of ordinary salary, the total
number of hours or overtime worked, if any, the amount of any overtime payment,
the amount of any other moneys paid and the purpose for which they are paid,
the amount of the deductions made from the total earnings and the nature
thereof.
20.Â
Proportion
Except
in cases of emergency, not more than four enrolled nurses and/or assistants in
nursing to each registered nurse will be employed in a facility and for this
purpose a Director of Nursing who is a registered nurse will count; provided
that the proportions specified by this clause may be altered in respect of any
particular facility by agreement between the facility concerned and the New
South Wales Nurses and Midwives' Association.
21.Â
Part-Time, Casual and Temporary Employees
PART I -
PERMANENT PART-TIME EMPLOYEES
(i)Â Â Â Â Â Â Â A permanent
part-time employee is one who is permanently appointed by a facility to work a
specified number of hours which are less than those prescribed for a full-time
employee. By agreement between employer and employee, the specified number of
hours may be balanced over a week and/or a fortnightly period, provided that
the average weekly hours will be deemed to be the specified number of hours for
the purposes of accrual of annual leave, long service leave and sick leave.
Provided further that there will be no interruption to the continuity of
employment merely by reason of an employee working on a "week on, week
off" basis in accordance with this subclause.
(ii)Â Â Â Â Â Employees engaged under Part I of this
clause will be paid an hourly rate calculated on the basis of one thirty-eighth
of the appropriate rate prescribed by clause 6, Salaries, and where applicable,
one thirty-eighth of the appropriate allowance or allowances prescribed by
clause 9, Special Allowances, with a minimum payment of two hours for each
start, and one thirty-eighth of the appropriate allowances prescribed by clause
16, Uniform and Laundry Allowance, but will not be entitled to an additional day
off or part thereof as prescribed by subclauses (iii) and (v) of clause 2,
Hours of Work and Free Time of Employees Other than Directors of Nursing.
(iii)Â Â Â Â Four
weeks annual leave on ordinary pay is to be granted on completion of each 12
months' service. The provisions of subclauses (iii) to (ix) of clause 22,
Annual Leave, and clause 23, Annual Leave Loading, will apply to employees
engaged under this Part of this clause. The remaining provisions of the said
clause 22 will not apply.
Where an employee has any period of
permanent part-time employment during any 12 month
qualifying period for annual leave, payment for such annual leave will be
calculated on the basis of the proportion that the average number of hours
worked each week bears to 38.
(iv)Â Â Â Â A
public holiday occurring on an ordinary working day will be allowed to
employees without loss of pay; provided that an employee who is required to and
does work on a public holiday will have one day or one half day, as
appropriate, added to their period of annual leave and be paid at the rate of
one half time extra for the time actually worked. Such payment is in lieu of
any additional rate for shift work or weekend work which would otherwise be
payable had the day not been a public holiday. In lieu of adding to annual
leave under this paragraph, an employee may elect to be paid for the time actually
worked
at the rate of time and one-half in addition to their ordinary weekly rate.
Such election will be made on the commencement of employment and then on the
anniversary date each year. The employee may not alter such election during the
year except with the agreement of the employer. Where payment is made in lieu
of leave in respect of time worked on a public holiday, payment will be made
for a minimum of four hours work, and any balance of the day or shift not
worked will be paid at ordinary rates.
(v)Â Â Â Â Â Â To the leave prescribed by subclause
(iii) of this Part of this clause there will be added one working day for each
public holiday or one half working day for each half
public holiday which occurs on what would have been an ordinary working day
during a period of annual leave.
(vi)Â Â Â Â For
the purpose of this Part of this clause, the following are to be public
holidays, namely: New Year's Day, Australia Day, Good Friday, Easter Saturday,
Easter Monday, Anzac Day, Queen's Birthday, local Labour Day, Christmas Day, Boxing Day and
any other day duly proclaimed and observed as a public holiday within the area
in which the facility is situated.
(vii)Â Â Â In addition to those public holidays
prescribed in subclause (iv) of this Part I of this clause, there will be an
extra public holiday each year. Such public holiday will occur on the August
Bank Holiday or a date which is agreed upon by the Association and Aged and Community Services Australia, and Leading Age Services Australia NSW-ACT. The foregoing
does not apply in areas where, in each year:
(a)Â Â Â Â Â Â a day in addition to the ten named public
holidays specified in subclause (vi) of this Part of this clause are proclaimed
and observed as a public holiday; or
(b)Â Â Â Â Â Â two half days in addition to the ten
named public holidays specified in the said subclause (vi) are proclaimed and
observed as half public holidays.
(viii)Â Â In areas where in each year one half day in
addition to the ten named public holidays specified in the said subclause (vi)
is proclaimed and observed as a half public holiday, for the purposes of this
award the whole day is to be regarded and observed as a public holiday, and no
additional public holiday which would otherwise apply as a result of this
subclause will be observed.
(ix)Â Â Â Â Employees engaged under this Part of this
clause will be entitled to all other benefits of this award not otherwise
expressly provided for herein in the same proportion as their ordinary hours of
work bear to full-time hours.
PART II - CASUAL EMPLOYEES
(i)Â Â Â Â Â Â Â A casual
employee is one engaged on an hourly basis otherwise than as a permanent
part-time or full-time employee.
(ii)Â Â Â Â Â A
casual employee will be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed by clause 6, Salaries, and,
where applicable, one thirty-eighth of the appropriate allowance or allowances
prescribed by clause 9, Special Allowances, plus ten per cent thereof, with a
minimum payment of two hours for each start, and one thirty-eighth of the
appropriate allowances prescribed by clause 16, Uniform and Laundry Allowance.
(iii)Â Â Â Â With respect to a casual employee, the
provisions of clause 3, Hours of Work and Free Time of Directors of Nursing;
clause 5, Rosters; clause 13, Expense Allowance for Directors of Nursing;
clause 18, Overtime; clause 22, Annual Leave; clause 23, Annual Leave Loading;
clause 24, Sick Leave; clause 25, Long Service Leave; clause 26, Compassionate
Leave; clause 33, Deputy Director of Nursing and Assistant Director of Nursing;
clause 35, Fares and Expenses, will not apply. Further, casual employees will not
be entitled to an additional day off or part thereof as prescribed by
subclauses (iii) and (v) of clause 2, Hours of Work and Free Time of Employees
Other than Directors of Nursing.
(iv)Â Â Â Â For the entitlement to payment in respect
of annual leave, see Annual Holidays Act 1944 (NSW).
(v)Â Â Â Â Â Â For the entitlement to payment in respect
of long service leave, see Long Service Leave Act 1955 (NSW).
(vi)Â Â Â Â A casual employee who is required to and
does work on a public holiday as defined in subclauses (i)
and (ii) of clause 15, Public Holidays, will be paid for the time actually
worked at the rate of double time and one-half, such payment being in lieu of
weekend or shift allowances which would otherwise be payable had the day not
been a public holiday; provided that a casual employee will not be entitled to
be paid, in addition, the allowance of ten per cent prescribed in subclause
(ii) of this Part in respect of such work.
PART III - TEMPORARY EMPLOYEES
(i)Â Â Â Â Â Â Â A temporary
employee is one engaged for a set period not exceeding 13 weeks, provided that
fixed term contracts of employment, whether for periods greater or lesser than
13 weeks, must not be offered in preference to ongoing contracts unless they
are necessary to meet the genuine operational requirements of the employer,
which may include but not be limited to parental leave, limited term funding
arrangements, long term leave relief, forthcoming service reductions, and
anticipated peak demand times
(ii)Â Â Â Â Â A temporary employee will be paid, in
addition to all rates and allowances to which the said employee is entitled
under this award, an allowance equal to ten per cent of the rates prescribed
for their classification by clause 6, Salaries, provided that this subclause
will cease to apply upon:
(a)Â Â Â Â Â Â the said period of engagement being
extended after the said period of 13 weeks;
(b)Â Â Â Â Â Â the employer and the employee agreeing
during the said period of 13 weeks that the employee
will be employed on a permanent part-time or full-time basis.
(iii)Â Â Â Â For entitlement to payment in respect of
annual leave, see Annual Holidays Act 1944 (NSW).
22.Â
Annual Leave
(i)Â Â Â Â Â Â Â Annual
leave on full pay is to be granted on completion of each 12 months service as
follows:
(a)Â Â Â Â Â Â Employees
required to work on a seven-day basis - six weeks annual leave.
(b)Â Â Â Â Â Â All
other employees - four weeks annual leave.
(ii)
(a)Â Â Â Â Â Â An employee to whom paragraph (a) of
subclause (i) of this clause applies and who is
required to and does work on a public holiday will be paid, in addition to the
appropriate ordinary weekly rate of pay, at the rate of one half time extra for
the time actually worked on such holiday. Such payment will 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.
(b)Â Â Â Â Â Â To
the leave prescribed by paragraph (a) of subclause (i) there will be added one working
day or one half working day for each special public holiday or half public
holiday, not being one of the ten specifically named public holidays prescribed
by subclause (i) of clause 15, Public Holidays (or a
special day proclaimed in lieu of any of them) which may occur during the
qualifying period for annual leave or during the period of annual leave.
(c)Â Â Â Â Â Â To
the leave prescribed by paragraph (b) of subclause (i) of this clause there will be
added one working day or one half working day for each public holiday or half
public holiday which occurs on what would have been an ordinary working day
during a period of annual leave; provided that in the case of a full-time shift
worker the provisions of this paragraph will apply to any public holiday
falling during the period of annual leave.
(iii)
(a)Â Â Â Â Â Â An employee will be eligible for annual
leave when 12 months have elapsed since the date on which the first 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
employment.
(b)Â Â Â Â Â Â Credit of time towards an allocated day
off duty will not accrue when an employee is absent in accordance with
subclause (i) of this clause. Employees entitled to
allocated days off duty in accordance with clause 2, Hours of Work and Free
Time of Employees Other Than Directors of Nursing, will accrue credit towards
an allocated day off duty in respect of each day those employees are absent on
additional annual leave in accordance with paragraph (b) of subclause (ii) of
this clause and paragraph (a) of subclause (iii) of clause 15, Public Holidays.
(iv)Â Â Â Â Annual leave will be given and taken either
in one consecutive period or two periods or, if the employer and employee so
agree, in either three or four separate periods but not otherwise. Provided
that no employee will be compelled to take annual leave in periods of less than
one week in place of any other leave provided for by this award.
(v)
(a)Â Â Â Â Â Â Annual leave will be given and will 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.
(b)Â Â Â Â Â Â Nothing in this subclause will prevent an
employer by agreement with the employee from allowing annual leave to an
employee before the right thereto has accrued, but where leave is taken in such
a case a further period of annual leave will not commence to accrue until the
expiration of the 12 months in respect of which annual leave was taken before
it accrued.
(c)Â Â Â Â Â Â The employer will give each employee,
where practicable, three months notice of the date
upon which they will enter upon leave and, in any event, such notice will not
be less than 28 days.
(vi)
(a)Â Â Â Â Â Â Each employee before going on leave will
be paid for the period of the leave at the ordinary rate of salary to which
they are entitled under this award. Where an employee has any period of
permanent part-time employment during any 12-month qualifying period for annual
leave, payment for such annual leave will be calculated on
the basis of the proportion that the average number of hours worked each
week bears to 38.
(b)Â Â Â Â Â Â An employee to whom paragraph (a) of
subclause (i) applies will be paid during the first
28 consecutive days while on annual leave their ordinary rate of salary plus
shift allowances and weekend penalties relating to ordinary time the employee
would have worked if they had not been on annual leave. Additional annual leave
accrued under subclause (ix) attracts shift allowances and weekend penalties
relating to ordinary time the employee would have worked if they had not been
on annual leave. Provided that the provisions of the preceding paragraphs of this
subclause will not apply to public holidays which occur during a period of
annual leave or days which have been added to annual leave in accordance with
paragraph (b) of subclause (ii) of this clause and subclause (ii) of clause 15,
Public Holidays.
(vii)Â Â Â Except as provided in subclauses (viii) and
(ix) of this clause, payment for annual leave will not be made or accepted in
lieu of annual leave.
(viii)Â Â Where
the employment of an employee is terminated, the employee will be entitled to
receive, in addition to all other amounts due, in respect of service of less
than one year an amount equal to one-twelfth (6/46 in respect of employees
rostered to work on a seven-day basis) of their ordinary pay for that period of
employment, together with payment for any days added to annual leave in
accordance with subclause (iii) of the said clause 15.
(ix)
(a)Â Â Â Â Â Â In addition to the leave prescribed by
subclause (i) of this clause, employees who work
their ordinary hours on Sundays and/or public holidays prescribed by clause 15
are entitled to receive additional annual leave as follows:
Number of ordinary shifts worked on
Sundays and/or public holidays during a qualifying period of employment for
annual leave purposes -
4 to
10
|
1 day additional annual leave
|
11 to
17
|
2 days
additional annual leave
|
18 to
24
|
3 days
additional annual leave
|
25 to
31
|
4 days
additional annual leave
|
32 or
more
|
5 days
additional annual leave
|
Provided that an employee may elect
to be paid when proceeding on annual leave an amount equivalent to the value of
their additional leave entitlement in lieu of taking the additional leave. Such
election is to be made in writing by the employee at the commencement of each
year of employment and is irrevocable during the currency of that year of
employment.
(b)Â Â Â Â Â Â On termination of employment, employees
are to be paid for any untaken annual leave due under this subclause, together
with payment for any leave in respect of an uncompleted year of employment
calculated in accordance with this subclause, together with payment for any
untaken annual leave due in accordance with subclause (viii) of this clause.
(c)Â Â Â Â Â Â Permanent part-time employees will be
entitled to the benefits of this subclause in the same proportion as their
average weekly hours of work bear to full-time hours.
23.Â
Annual Leave Loading
(i)Â Â Â Â Â Â Â Before an
employee is given and takes their annual holiday or where, by agreement between
the employer and the employee, the annual holiday is given and taken in more
than one separate period, then before each of such separate periods the
employer will pay the employee a loading determined in accordance with this
clause.
(ii)Â Â Â Â Â The loading is payable in addition to the
pay for the period of holiday given and taken and due to the employee under
paragraph (b) of subclause (i) and paragraph (c) of
subclause (ii) of clause 22, Annual Leave, or in the case of permanent
part-time employees, for the period of holiday given and taken and due to the
employee in accordance with the provisions of the Annual Holidays Act
1944 (NSW).
(iii)Â Â Â Â The loading is the amount payable for the period or the separate
periods, as the case may be, at the rate per week of 17½ per cent of the
appropriate ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
their annual holiday, together with any allowances prescribed by subclauses (i) and (ii) of clause 9, Special Allowances.
(iv)Â Â Â Â No loading is payable to an employee who
takes an annual holiday wholly or partly in advance; provided that, if the
employment of such an employee continues until the day when the employee would
have become entitled under the said clause 22, to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause (iii) of this clause, applying the
award rates and wages payable on that day.
(v)
(a)Â Â Â Â Â Â When
the employment of an employee is terminated by the employer for a cause other
than misconduct, and at the time of the termination the employee has not been
given and has not taken the whole of an annual holiday to which the employee
became entitled, they will be paid a loading calculated in accordance with
subclause (iii) of this clause for the period not taken.
(b)Â Â Â Â Â Â Except as provided by paragraph (a) of
this subclause, no loading is payable on the termination of an employee's
employment.
(vi)Â Â Â Â This clause extends to an employee who is
given and takes an annual holiday and who would have worked as a shift worker
if they had not been on holidays; provided that, if the amount to which the
employee would have been entitled by way of shift work allowances and weekend
penalty rates for the ordinary time (not including time on a public or special
holiday) which the employee would have worked during the period of the holiday
exceeds the loading calculated in accordance with this clause, then that amount
will be paid to the employee in lieu of the loading.
24.Â
Sick Leave
(i)Â Â Â Â Â Â Â Subject to
the following limitations and conditions, an employee will be entitled to sick
leave on full pay calculated by allowing 76 rostered ordinary hours of work for
each year of continuous service, less any sick leave on full pay already taken.
(a)Â Â Â Â Â Â An employee during their first year of
employment with an employer will be entitled to sick leave at the rate of 7.6
hours at the end of each of the first five months continuous service. Upon
completion of six months continuous service the employee will be entitled to a
further 38 hours sick leave. For the
purpose of this subclause, where service is continuous, each new
entitlement will accrue at the monthly anniversary date of the commencement of
employment, i.e., a person starting on 6 March would be entitled to their first
7.6 hours on 6 April.
(b)Â Â Â Â Â Â An employee will not be entitled to sick
leave on full pay for any period in respect of which such employee is entitled
to workers' compensation; provided, however, that an employer will pay to an
employee who has sick leave entitlement under this clause, the difference
between the amount received as workers' compensation and full pay. The
employee's sick leave entitlement under this clause will, for each week during
which such difference is paid, be reduced by that proportion of 38 hours which
the difference paid bears to full pay.
(c)Â Â Â Â Â Â All periods of sickness will be certified
to by the Director of Nursing of the facility or by the employee's own legally
qualified medical practitioner. The employer may dispense with the requirements
of a medical certificate when the absence does not exceed two consecutive days
or where, in the employer's opinion, the circumstances are such as not to
warrant such requirement.
(d)Â Â Â Â Â Â Each employee will notify their employer
of an absence from work due to illness or injury prior to the commencement of
their rostered shift or as soon as practicable thereafter and will, as far as
possible, inform the employer of the estimated duration of the absence.
(ii)Â Â Â Â Â The employer will not change the rostered
hours of work of an employee fixed by the roster or rosters applicable to the
14 days immediately following the commencement of sick leave merely by reason
of the fact that they are on sick leave.
(iii)Â Â Â Â For
the purpose of this clause, "service" means - service in the
employment of an employer.
(iv)Â Â Â Â For
the purpose of this clause, continuity of service in the employment will not be
broken by:
(a)Â Â Â Â Â Â absences from such employment on account
of illness;
(b)Â Â Â Â Â Â absences from such employment for the
purposes of pursuing a post-graduate course in nursing (i.e. a course which
results in obtaining a certificate, diploma or qualifications whether in
Australia or elsewhere) and where the course is pursued outside Australia an
employee will be deemed to be absent for the purpose of pursuing the course
throughout the time reasonably occupied travelling to the place of study and
return to Australia, the actual duration of the course, a period of three
months after completion of the course before returning to Australia and a
period of one month after returning to Australia, provided that subclauses
(iii) and (iv) will only apply to persons employed in facilities conducted by
members of Aged & Community Services Australia.
(v)Â Â Â Â Â Â Permanent Part-time Employees - A
permanent part-time employee will be entitled to sick leave in the same
proportion of 76 hours as the average weekly hours worked over the preceding 12
months or from the time of commencement of employment, whichever is the lesser,
bears to 38 ordinary hours. Such
entitlements will be subject to all the above conditions applying to full-time
employees.
(vi)Â Â Â Â With respect to an employee who is eligible
for sick leave and who produces a satisfactory medical certificate to the
effect that they have been incapacitated for a period of at least one week's
duration while on annual leave, the employer may re -credit such employee with
an equivalent period of annual leave, provided that no such re-crediting will
be granted to an employee on leave prior to retirement, resignation or
termination of services and provided further the employer is satisfied on the
circumstances and the nature of the incapacity.
(vii)Â Â Â Subject to the provision of a satisfactory
medical certificate and sick leave being due, extended or long service leave
will be re-credited where an illness of at least one week's duration occurs
during the period of extended or long service leave; provided that the period
of leave does not occur prior to retirement, resignation or termination of
services.
25.Â
Long Service Leave
(i)Â Â Â Â Â Â Â For long
service leave falling due prior to 20 February 1981, see Long Service Leave
Act 1955 (NSW).
(ii)Â Â Â Â Â For long service leave falling due after
20 February 1981, the following provisions will apply:
(a)
(i)Â Â Â Â Â Â Â Every
employee after ten years' continuous service with the same employer will be
entitled to two months' long service leave on full pay; after 15 years'
continuous service to an additional one month's long service leave
on full pay; and for each five years' continuous service thereafter to an
additional one and one-half months' long service leave on full pay.
Such leave will be taken at a time
to be mutually arranged between the employer and the employee as soon as
practicable after each period of leave falls due, having regard to the
reasonable preferences of each party. Where required by the employer, the term
"as soon as practicable" will mean that leave is taken by the
employee within 12 months of the date that the leave falls due. The leave is to
be taken in one continuous period unless the employer and employee agree
otherwise.
Notwithstanding anything contained
elsewhere in this clause, an employer and an employee may mutually agree that
the taking of the leave be deferred beyond the initial twelve months referred
to above. In such a case the employer and employee may agree that the employee
will be paid for that leave at the rate of pay applicable at the time of the
agreement to further postpone the leave, and not at the rate of pay applicable
at the time that the leave is taken. For
any such agreement to be valid, it must be in writing and be signed by both the
employer and the employee.
(ii)Â Â Â Â Â Where the service of an employee with at
least five years' service is terminated, the employee will be entitled to long
service leave as follows:
For the first five years’ service -
one month.
For the next ten years’ service - a
proportionate amount calculated on the basis of one
month for each additional five years. For the purpose of calculation, each completed whole month
of continuous service gives an entitlement equal to 0.0722 weeks’ pay.
For all subsequent service - a
proportionate amount calculated on the basis of 1.5
months for each additional five years. For the purpose of
calculation, each completed whole year of continuous service gives an
entitlement equal to 1.2996 weeks’ pay.
(b)Â Â Â Â Â Â Subject to paragraph (a) of this
subclause, where an employee has acquired a right to long service leave, then:
(i)Â Â Â Â Â Â Â If, before
such leave has been entered upon, the employment of such employee has been
terminated, such employee will be entitled to receive the monetary value of the
leave to which such employee has become entitled, computed at the rate of
salary which such employee had been receiving immediately prior to the
termination of employment.
(ii)Â Â Â Â Â If such employee dies before entering upon
such extended leave, or if, after having entered upon the same, dies before its
termination, their widow/widower or, in the case of a widow/widower leaving
children, their children or their guardians or other dependent relatives or
their legal representatives, will be entitled to receive the monetary value of
the leave not taken or not completed, as the case may be, and computed at the
rate of salary which the employee had been receiving at the time of death.
(c)Â Â Â Â Â Â For the purpose of this clause:
(i)Â Â Â Â Â Â Â Continuous
service in the same facility prior to the coming into force of this award will
be taken into account.
(ii)Â Â Â Â Â One month equals four and one-third weeks.
(iii)Â Â Â Â Continuous service will be deemed not to
have been broken by:
(1)Â Â Â Â Â Â absence of an employee from the facility
while a member of the Defence Forces of the
Commonwealth in time of war;
(2)Â Â Â Â Â Â any period of absence on leave without
pay not exceeding six months.
(d)Â Â Â Â Â Â Where any employee has been granted a period
of long service leave prior to the coming into force of this award, the amount
of such leave will be debited against the amount of leave due under this award.
(e)Â Â Â Â Â Â Except
where the total actual service is less than five years -
(i)Â Â Â Â Â Â Â all service
in facilities to which subclause (i) of clause 11,
Climatic and Isolation Allowance, applies will be counted as one and one-half
times the actual time served;
(ii)Â Â Â Â Â all service in a facility to which
subclause (ii) of the said clause 11 applies will be counted as twice the
actual time served.
(f)Â Â Â Â Â Â Â Any period(s) of part-time employment
with the same employer will count towards long service leave as provided for in
paragraphs (a) and (e) of this subclause. Such long service leave will be paid
for on the basis of the proportion that the average
number of hours worked per week bears to 38.
(g)Â Â Â Â Â Â Where an employee has accrued a right to
an allocated day off duty on pay prior to entering a period of long service
leave, such day will be taken on the next working day immediately following the
period of long service leave.
An employee returning to duty from
long service leave will be given the next allocated day off duty in sequence,
irrespective of whether sufficient credits have been accumulated or not.
26.Â
Compassionate Leave
(i)Â Â Â Â Â Â Â In general,
compassionate leave with pay should be granted only in extraordinary or
emergent circumstances where a member of the staff of a facility is forced to
absent himself/herself from duty because of urgent pressing necessity, and such
leave as is granted should be limited to the time necessary to cover the
immediate emergency.
(ii)Â Â Â Â Â Any absence occasioned by personal
exigencies which might fairly be regarded as an obligation on the employee
rather than the employer to make good, should be covered by the grant of leave
without pay or, if the employee so desires, charged against their annual leave
credit.
(iii)Â Â Â Â The
following basic principles should be kept in mind when dealing with
applications:
(a)
(i)Â Â Â Â Â Â Â An employee,
other than a casual employee, will be entitled to a maximum of two days
compassionate leave without deduction of pay, on each occasion of the death of
a person as prescribed in subparagraph (iii) of this paragraph. Provided that,
where the employee is involved in funeral arrangements, travelling, etc., leave
may be allowed for up to three days.
(ii)Â Â Â Â Â The
employee must notify the employer as soon as practicable of the intention to
take compassionate leave and will, if required by the employer, provide, to the
satisfaction of the employer, proof of death.
(iii)Â Â Â Â Compassionate
leave will be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out
in subparagraph (ii) of paragraph (c)
of subclause (i) of clause 28, Personal/Carer’s
Leave,
provided that, for the purpose of compassionate leave, the employee need not
have been responsible for the care of the person concerned.
(iv)Â Â Â Â An employee will not be entitled to
compassionate leave under this clause during any period in respect of which the
employee has been granted other leave.
(v)Â Â Â Â Â Â Compassionate leave may be taken in
conjunction with other leave available under subclauses (ii), (iii), (iv), (v)
and (vi) of the said clause 28. In determining such a request, the employer
will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
(b)Â Â Â Â Â Â Illnesses in the family - Except in very
special circumstances, leave with pay should be limited to one day which, as a general rule, would prove sufficient time to meet the
immediate emergency and allow the employee to make any other arrangements
necessary. It would be expected that no one but the
employee would be available to care for the sick member of the family.
(iv)Â Â Â Â The above principles are not intended to
codify completely purposes for which compassionate leave with pay may be
allowed. The element of unforeseen emergency could be present in other
situations, e.g., floods and bushfires, which clearly prevent attendance for
duty.
(v)Â Â Â Â Â Â In view of the purpose for which
compassionate leave is intended, it is not possible to prescribe a precise
limitation of the amount of leave to be granted in a given
period. It is suggested, however, that only under the most exceptional
circumstances should leave exceeding a total of three days be granted to an
employee in any year.
(vi)Â Â Â Â Bereavement entitlements for casual
employees
(a)Â Â Â Â Â Â Subject to the evidentiary and notice
requirements set out in subparagraph (ii) of paragraph (a) of subclause (iii)
of clause 26, Compassionate Leave, casual employees are entitled to not be
available to attend work, or to leave work upon the death in Australia of a
person prescribed in subparagraph (ii) of paragraph (c) of subclause (i) of clause 28, Personal/Carer’s Leave.
(b)Â Â Â Â Â Â The employer and the employee will agree
on the period for which the employee will be entitled to not be available to
attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of
non-attendance.
(c)Â Â Â Â Â Â An employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of an employer to engage or not engage a casual
employee are otherwise not affected.
(vii)Â Â Â The provisions of this clause will have no
application to employees of bodies established by the Catholic Church to
propagate religion.
27.Â
Parental Leave
(i)Â Â Â Â Â Â Â Refer to the
Industrial Relations Act 1996 (NSW).Â
The following provisions will also apply in addition to those set out in
the Industrial Relations Act 1996 (NSW).
(ii)Â Â Â Â Â An employer must not fail to re-engage a
regular casual employee (see section 53(2) of the Act) because:
(a)Â Â Â Â Â Â the employee or employee's spouse is
pregnant; or
(b)Â Â Â Â Â Â the employee is or has been immediately
absent on parental leave.
The rights of an employer in
relation to engagement and re-engagement of casual employees are not affected,
other than in accordance with this clause.
(iii)Â Â Â Â Right
to request
(a)Â Â Â Â Â Â An
employee entitled to parental leave may request the employer to allow the
employee:
(i)Â Â Â Â Â Â Â to extend
the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;
(ii)Â Â Â Â Â to
extend the period of unpaid parental leave for a further continuous period of
leave not exceeding 12 months;
(iii)Â Â Â Â to
return from a period of parental leave on a part-time basis until the child
reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(b)Â Â Â Â Â Â The employer will 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)Â Â Â Â Â Â Employee's request and the employer's
decision to be in writing
The employee's request and the
employer's decision made under subparagraph (ii) of paragraph (a) of subclause
(iii) of clause 27, Parental Leave and subparagraph (iii) of (a) of subclause
(iii) of clause 27, Parental Leave must be recorded in writing
(d)Â Â Â Â Â Â Request to return to work part-time
Where an employee wishes to make a
request under subparagraph (iii) of paragraph (a) of subclause (iii) of clause 27,
Parental Leave, such a request must be made as soon as possible but no less
than seven weeks prior to the date upon which the employee is due to return to
work from parental leave.
(iv)Â Â Â Â Communication during parental leave
(a)Â Â Â Â Â Â Where
an employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer will take
reasonable steps to:
(i)Â Â Â Â Â Â Â make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii)Â Â Â Â Â provide an opportunity for the employee to
discuss any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing
parental leave.
(b)Â Â Â Â Â Â The employee will take reasonable steps
to inform the employer about any significant matter that will affect the
employee's decision regarding the duration of parental leave to be taken,
whether the employee intends to return to work and whether the employee intends
to request to return to work on a part-time basis.
(c)Â Â Â Â Â Â The employee will also notify the
employer of changes of address or other contact details which might affect the
employer's capacity to comply with paragraph (a).
28.Â
Personal/Carer’s Leave
(i)Â Â Â Â Â Â Â Use
of Sick Leave
(a)Â Â Â Â Â Â An employee, other than a casual
employee, with responsibilities in relation to a class of person set out in set
out in subparagraph (ii) of paragraph (c) of subclause (i)
of clause 28, Personal/Carer’s Leave who needs the employee’s care and support,
will be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, provided for at clause 24, Sick Leave of this
award, for absences to provide care and support for such persons when they are
ill, or who require care due to an unexpected emergency. Such leave may be
taken for part of a single day.
(b)Â Â Â Â Â Â The
employee will, if required,
(i)Â Â Â Â Â Â Â establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness
is such as to require care by another person, or
(ii)Â Â Â Â Â establish by production of documentation
acceptable to the employer or a statutory declaration, the nature of the
emergency and that such emergency resulted in the person concerned requiring
care by the employee.
In normal circumstances, an
employee must not take carer's leave under this subclause where another person
had taken leave to care for the same person.
(c)Â Â Â Â Â Â The
entitlement to use sick leave in accordance with this subclause is subject to:
(i)Â Â Â Â Â Â Â the employee
being responsible for the care and support of the person concerned; and
(ii)Â Â Â Â Â the
person concerned being:
(1)Â Â Â Â Â Â a spouse of the employee; or
(2)Â Â Â Â Â Â a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(3)Â Â Â Â Â Â a child or an adult child (including an
adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(4)Â Â Â Â Â Â a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(5)Â Â Â Â Â Â a relative of the employee who is a
member of the same household where, for the purposes of this subparagraph:
(a)Â Â Â Â Â Â "relative" means - a person
related by blood, marriage or affinity;
(b)Â Â Â Â Â Â "affinity" means - a
relationship that one spouse because of marriage has to
blood relatives of the other; and
(c)Â Â Â Â Â Â "household" means - a family
group living in the same domestic dwelling.
(d)Â Â Â Â Â Â An
employee will, wherever practicable, give the employer notice, prior to the
absence, of the intention to take leave, the name of the person requiring care
and that person's relationship to the employee, the reasons for taking such
leave and the estimated length of absence.Â
If it is not practicable for the employee to give prior notice of
absence, the employee will notify the employer by telephone of such absence at
the first opportunity on the day of absence.
Note: In the unlikely event that
more than 10 days sick leave in any year is to be used for caring purposes the
employer and employee will discuss appropriate arrangements which, as far as
practicable, take account of the employer’s and employee’s requirements.
Where the parties are unable to
reach agreement the disputes procedure at clause 46, Resolution of Disputes,
should be followed.
(ii)Â Â Â Â Â Unpaid
Leave for Family Purpose
(a)Â Â Â Â Â Â An employee may elect, with the consent
of the employer, to take unpaid leave for the purpose of providing care and
support to a class of person set out in subparagraph (ii) of paragraph (c) of
subclause (i) of clause 28, Personal/Carer’s Leave
above who is ill or who requires care due to an unexpected
emergency.
(iii)Â Â Â Â Annual
Leave
(a)Â Â Â Â Â Â An
employee may elect, with the consent of the employer to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or times agreed by the parties.
(b)Â Â Â Â Â Â Access to annual leave, as prescribed in
paragraph (a) of this subclause, will be exclusive of any shutdown period
provided for elsewhere under this award.
(c)Â Â Â Â Â Â An employee and employer may agree to
defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
(d)Â Â Â Â Â Â An employee may elect with the employer's
agreement to take annual leave at any time within a period of 24 months from
the date at which it falls due.
(iv)Â Â Â Â Time
Off in Lieu of Payment for Overtime
(a)Â Â Â Â Â Â For
the purpose only of providing care and support for a person in accordance with
subclause (i) of this clause, and despite the
provisions of subclause (xii) of clause 18, Overtime, the following provisions
will apply.
(b)Â Â Â Â Â Â An employee may elect, with the consent
of the employer, to take time off in lieu of payment for overtime at a time or
times agreed with the employer within 12 months of the said election.
(c)Â Â Â Â Â Â Overtime taken as time off during
ordinary time hours will be taken at the ordinary time rate, that is, an hour
for each hour worked.
(d)Â Â Â Â Â Â If, having elected to take time as leave
in accordance with paragraph (a) of this subclause, the leave is not taken for
whatever reason, payment for time accrued at overtime rates will be made at the
expiry of the 12-month period or on termination.
(e)Â Â Â Â Â Â Where no election is made in accordance
with the said paragraph (a), the employee will be paid overtime rates in
accordance with this award.
(v)Â Â Â Â Â Â Make-up
Time
(a)Â Â Â Â Â Â An employee may elect, with the consent
of the employer, to work "make-up time", under which the employee
takes time off ordinary hours and works those hours at a
later time, during the spread of ordinary hours provided in this award,
at the ordinary rate of pay.
(b)Â Â Â Â Â Â An employee on shift work may elect, with
the consent of the employer, to work "make-up time" (under which the
employee takes time off ordinary hours and works those hours at
a later time), at the shift work rate which would have been applicable
to the hours taken off.
(vi)Â Â Â Â Additional
Rostered Days Off
(a)Â Â Â Â Â Â An employee may elect, with the consent of
the employer, to take a rostered day off at any time.
(b)Â Â Â Â Â Â An employee may elect, with the consent
of the employer, to take rostered days off in part day amounts.
(c)Â Â Â Â Â Â An employee may elect, with the consent
of the employer, to accrue some or all rostered days off for the purpose of
creating a bank to be drawn upon at a time mutually agreed between the employer
and employee, or subject to reasonable notice by the employee or the employer.
(d)Â Â Â Â Â Â This subclause is subject to the employer
informing each union which is both party to this award and which has members
employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
(vii)Â Â Â Personal Carers Entitlement for casual
employees -
(a)Â Â Â Â Â Â Subject to the evidentiary and notice
requirements in paragraph (b) of subclause (i) of
clause 28, Personal/Carer’s Leave and paragraph (d) of subclause (i) of clause 28, Personal/Carer’s Leave casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause subparagraph (ii) of paragraph (c)
of subclause (i) of of this
clause who are sick and require care and support, or who require care due to an
unexpected emergency, or the birth of a child.
(b)Â Â Â Â Â Â The employer and the employee will agree
on the period for which the employee will be entitled to not be available to
attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of
non-attendance.
(c)Â Â Â Â Â Â An employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of an employer to engage or not to engage a casual
employee are otherwise not affected.
(viii)Â Â The provisions of this clause will have no
application to employees of bodies established by the Catholic Church to
propagate religion.
29.Â
Staff Amenities
(i)Â Â Â Â Â Â Â The
employer will provide for the use of employees:
(a)Â Â Â Â Â Â toilet facilities; provided
that this provision will not apply to a facility the registered number of beds
of which is less than nine;
(b)Â Â Â Â Â Â a full-length locker fitted with lock and
key or other suitable place for the safe keeping of clothing and personal
effects of such employee.
(ii)Â Â Â Â Â An employer will provide for employees morning and afternoon tea, supper and early
morning tea (which will include tea or coffee, together with milk and sugar).
(iii)Â Â Â Â Where an employee requests, the employer
will provide an employee with meals of a reasonable standard. The employer may
make a charge, provided that the charge for breakfast will be the sum set out
in Item 17 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,
and the sum set out in Item 18 of the said Table 2 for other meals.
(iv)Â Â Â Â The charges referred to in subclause (iii)
of this clause are to be adjusted in accordance with the movement in wage rates
following State Wage Case decisions. The
employers are entitled to set prices for meals at a level to cover labour and ingredient costs (not indirect costs).
30.Â
Labour Flexibility
(i)Â Â Â Â Â Â Â Nurses
will not be required to perform as a matter of routine duties: washing,
sweeping, polishing and/or dusting of floors, walls, windows, corridors,
annexes, bathrooms or verandas, except in an emergency.
(ii)Â Â Â Â Â Nothing in subclause (i)
of this clause will preclude the employment of nurses in the washing of beds,
bedspreads, mattresses, bedside tables or the like, following the discharge of
a patient suffering a notifiable infectious disease.
(iii)Â Â Â Â Nothing in subclause (i)
of this clause will preclude any nurse from being required to perform all or
any of the specified duties, at any time when domestic staff is not available
to perform them; provided that the employer has made
all reasonable efforts to obtain domestic staff.
(iv)Â Â Â Â Subject to subclause (i)
of this clause, an employer may direct a nurse to carry out such duties as are
within the limits of the nurse's skill, competence and training. Such duties
may include work which is incidental or peripheral to the nurse's main tasks,
provided that such duties are not designed to promote deskilling.
Any employer may direct a nurse to
carry out duties and use such equipment as may be required, provided that the
nurse has been properly trained or has otherwise acquired the necessary skills
in the use of such equipment. Any such direction issued by the employer will be
consistent with the employer's responsibility to provide a safe and healthy
working environment for nurses and the employer's duty of care to residents.
(v)Â Â Â Â Â Â Assistants in Nursing may be employed
under this award to perform mixed functions, provided that:
(a)Â Â Â Â Â Â The
primary duties performed by the Assistant in Nursing, being the delivery of
direct care to residents, occupy no less than the majority of the hours for
which they are employed in any 28 day cycle.
(b)Â Â Â Â Â Â The Assistant in Nursing will be paid at
the appropriate rate for an Assistant in Nursing for all work performed for
their employer in that classification.
(c)Â Â Â Â Â Â An Assistant in Nursing will not be
required to perform mixed functions where the employer does not provide
adequate staff to ensure that the level of the quality of the service that
would have otherwise been provided if the Assistant in Nursing did not perform mixed functions, is
in fact provided.
(d)Â Â Â Â Â Â Subject to paragraph (a) of this
subclause, an Assistant in Nursing may perform duties associated with a
resident's well being and comfort, including
functions of a laundry, kitchen or other personal support nature.
31.Â
Medical Examination of Nurses
On
commencement of employment the employee will be notified of the availability of
the following provisions, which the employer will provide at the request of the
employee:
(i)Â Â Â Â Â Â Â For
protection against tuberculosis:
(a)Â Â Â Â Â Â Before a nurse commences duty, a PA chest
x-ray examination of the nurse, unless a radiologist's report of a normal chest
x-ray taken within the previous six months is available.
(b)Â Â Â Â Â Â As soon as practicable after the nurse
commences duty, a Mantoux test on the nurse, then -
(i)Â Â Â Â Â Â Â where the
Mantoux test is negative, immunisation with BCG vaccine;
(ii)Â Â Â Â Â where the Mantoux test is positive
(otherwise than as a result of BCG vaccination),
referral to a chest clinic for assessment.
(c)Â Â Â Â Â Â A Mantoux test annually to -
(i)Â Â Â Â Â Â Â previously
Mantoux-negative nursing staff;
(ii)Â Â Â Â Â nursing staff whose Mantoux reaction has
been converted by BCG vaccination.
(d)Â Â Â Â Â Â A chest x-ray annually to nursing staff
whose Mantoux reaction is positive (otherwise than as a
result of BCG vaccination).
(e)Â Â Â Â Â Â Where a nurse has been caring for open
tuberculosis cases, a PA chest x-ray examination of the nurse one year after
completion of employment.
(ii)Â Â Â Â Â For protection against other communicable
diseases:
(a)Â Â Â Â Â Â where a nurse has not had a complete
course of immunisation against diphtheria, tetanus,
poliomyelitis, measles, mumps and hepatitis, immunisation
against those diseases;
(b)Â Â Â Â Â Â booster immunisation
against tetanus at ten-year intervals;
(c)Â Â Â Â Â Â a rubella antibody test and, where a
nurse has a negative result, rubella immunisation.
(iii)Â Â Â Â For protection against radiation exposure,
nurses required to work in close proximity to a source
of ionising radiation should be provided with a film
badge or personal radiation dosimeter, and a record should be maintained of the
radiation exposure measured by such film badge or dosimeter.
(iv)Â Â Â Â The costs involved in the various screening
and protection procedures should be borne by the employer.
32.Â
Escort Duty
(i)Â Â Â Â Â Â Â Periods
during which an employee, other than a Director of Nursing, is engaged in
nursing duties, in other words, in attendance on a patient, will be paid as
working time under this award. Where applicable, overtime will be payable.
(ii)Â Â Â Â Â All reasonable out-of-pocket expenses will
be reimbursed.
(iii)Â Â Â Â Rostered time will be paid as such, even
though an employee may be travelling, in hotel/motel accommodation or waiting
for transport.
(iv)Â Â Â Â In respect of non-rostered time not spent
in nursing duties -
(a)Â Â Â Â Â Â Periods in hotel/motel accommodation or
waiting for transport will not be counted as working time.
(b)Â Â Â Â Â Â Periods travelling will count as working
time.
33.Â
Deputy Director of Nursing and Assistant Director of Nursing
(i)Â Â Â Â Â Â Â Subject
to subclause (ii) of this clause, the following appointments will be made in
nursing homes with daily averages of occupied beds as specified hereunder:
Less than 150 beds - a Deputy
Director of Nursing.
150 beds and over - a Deputy
Director of Nursing and Assistant Director of Nursing.
(ii)Â Â Â Â Â There
is no requirement to appoint a Deputy Director of Nursing in nursing homes of
40 beds and under in the following circumstances:
(a)Â Â Â Â Â Â the
registered nurses at the nursing home are all given the same duties and no
registered nurse is delegated Deputy Director of Nursing duties; and
(b)Â Â Â Â Â Â the
Director of Nursing perceives no requirement for a Deputy Director of Nursing
to be employed.
Provided that no Deputy Director of
Nursing employed as at 16 December 1994 will be
dismissed or demoted from that position as a result of the implementation of
this subclause.
(iii)Â Â Â Â Where a decision is made, pursuant to
subclause (ii) of this clause, not to appoint a Deputy Director of Nursing, the
employer will notify the Association in writing of that decision within 14 days
and must certify that the requirements of paragraphs (a) and (b) of subclause
(ii) have been met.
(iv)Â Â Â Â In the event of a dispute arising as to the
operation of this clause, the procedures set out in clause 46, Resolution of
Disputes, will be followed.
(v)Â Â Â Â Â Â Appointments under subclause (i) of this clause will be made within two calendar months
of the date this award becomes operative and thereafter within two calendar
months of the occurrence of a vacancy. In default of appointment within the
said period of two calendar months, the registered nurse employed as such or in
a higher classification who has customarily relieved in the vacant position, or
if no one has so customarily relieved, the general nurse employed in the same
or the next senior classification below the vacant position with the longest
service in such classification at the nursing home will be deemed to be
appointed until such time as another appointment is made by the nursing home.
(vi)Â Â Â Â This clause will not apply to a nursing
home using members, novices or aspirants of religious orders where a member of
an order carries out the duties under this clause of an Assistant Director of
Nursing or Deputy Director of Nursing.
(vii)Â Â Â This clause will not apply to a nursing home
which is owned by two or more registered nurses who are actively engaged as
Directors of Nursing in the running of the nursing home.
34.Â
Nursing Unit Managers
No person
appointed to any level of the former classification of Nursing Unit Manager as at 1 March 1999 will be dismissed or demoted as a result of
the deletion of that classification from this award. Provided that the salary rates appearing
under that classification in Table 1 - Salaries, of Part B, Monetary Rates, are
to be payable, on a strictly personal basis, only to those persons appointed to
such positions as at 1 March 1999.
35.Â
Fares and Expenses
(i)Â Â Â Â Â Â Â An employee
required to travel in the performance of duty will be reimbursed first class
fares (including sleeper accommodation) and all reasonable out-of-pocket
expenses.
(ii)
(a)Â Â Â Â Â Â An employee who is engaged for an
indefinite period and who remains in the employment for at least six months
will be reimbursed forward fares from the place of engagement, provided that
the distance of normal travel there from to the employment exceeds 40 kilometres.
(b)Â Â Â Â Â Â An employee who is engaged for an
indefinite period, and who is dismissed within six months for any reason other
than misconduct or inefficiency, will be reimbursed forward fares from the
place of engagement, provided that the distance of normal travel there from to
the employment exceeds 40 kilometres, and will also
be reimbursed return fares to such place of engagement or the employee's
immediate destination, whichever is the cheaper.
(iii)Â Â Â Â An employee who is engaged for a definite
period and who completes the period of engagement or who is dismissed before
completing such period for any reason other than misconduct or inefficiency,
will be reimbursed forward fares from the place of engagement, provided that
the distance of normal travel there from to the employment exceeds 40 kilometres, and will also be reimbursed return fares to
such place of engagement or to the employee's immediate destination, whichever
is the cheaper.
(iv)Â Â Â Â Fares within the meaning of this clause
will include only fares incurred in respect of travel within New South Wales.
(v)Â Â Â Â Â Â An employee who claims reimbursement of
fares pursuant to this clause will furnish to the employer, if so required,
satisfactory proof that they have not received from another employer
reimbursement in respect of those fares.
36.Â
Registration or Enrolment Pending
(i)Â Â Â Â Â Â Â A registered
nurse or enrolled nurse who has trained outside New South Wales will be paid as
a registered nurse or enrolled nurse as from the date they are notified that
they are eligible for registration or enrolment as a registered nurse or
enrolled nurse; provided that they make application
for registration within seven days after being so notified.
(ii)Â Â Â Â Â They notify the employer as soon as
possible after they have applied.
37. Termination of Employment
(i)Â Â Â Â Â Â Â Except for misconduct justifying summary
dismissal, the services of an employee will be terminated only by notice or by
the payment of salary in lieu thereof other than a Director of Nursing, as follows;
Period
|
Employee’s period of continuous
service with the employer at the end of the day the notice is given
|
Period
|
1
|
Not more than 1 year
|
1 week
|
2
|
More than 1 year but not more
than 3 years
|
2 weeks
|
3
|
More than 3 years but not more
than 5 years
|
3 weeks
|
4
|
More than 5 years
|
4 weeks
|
In
the case of a Director of Nursing payment of salary in lieu thereof notice
period can be made, except that where the employment of a Director of Nursing
is terminated within 13 weeks of their engagement, there will be given 14 days notice or the payment of 14 days salary in lieu
thereof.
(ii)Â Â Â Â Â No employee will, without the consent of the employer, resign
without having given seven days' notice (or, in the case of a Director of
Nursing, 28 days' notice) of the intention so to do or forfeiting salary earned
during the pay period current at the time of resignation; provided that in no
circumstances will the employee other than the Director of Nursing forfeit more
than seven days' pay and the Director of Nursing more than 28 days' pay at the
rates prescribed for their classification by clause 6, Salaries.
(iii)Â Â Â Â Statement of Employment
Upon
the termination of the services of an employee, the employer will furnish the employee
with a written statement, duly signed by or on behalf of the employer, setting
out the period of the employment and the capacity in which the employee was
employed. In addition, an employer will
provide to Assistants in Nursing a statement of in-service training and/or
education which the employee has undertaken.
(iv)Â Â Â Â Employees who have accrued additional days off duty pursuant to
subclause (vii) of clause 2, Hours of Work and Free Time of Employees Other
Than Directors of Nursing, will be paid for such accrued time as ordinary rate
of pay upon termination.
38.Â
Award Benefits to be Continuous
(i)Â Â Â Â Â Â Â In the event
of any change of ownership, licensee or management of any facility covered by
this award, all employee rights and benefits provided by this award will
continue as if no such change in ownership, licensee or management had taken
place, and no employee will be dismissed for the reason of such change.
(ii)Â Â Â Â Â Where such changes do occur, no employee
will be paid out for accrued annual leave, long service leave or any other
benefits, but such benefits will be continuous.
(iii)Â Â Â Â No employee, full-time or part-time, will
have their employment terminated or be required to take leave without pay where
such termination or leave is used to avoid the requirements of any Act or to
avoid payment of any rights or benefits provided by this award.
39.Â
Special Provisions Relating to Trainee Enrolled Nurses
(i)Â Â Â Â Â Â Â Where a
trainee enrolled nurse has transferred from one training school to another, the
time allowed by the Board in the first training school will be counted in
computing salary.
(ii)Â Â Â Â Â A trainee enrolled nurse, who is absent
from training for not more than two weeks, exclusive of annual leave, in any
period of 12 months training will, for the purpose of annual increase in salary
under clause 6, Salaries, be deemed to have completed the particular year of
training 12 calendar months after the commencement thereof notwithstanding such
absence, but if absent for more than the aforesaid time in any such period, the
particular year of training will not be deemed to have been completed until the
employee has served the actual period of excess of such time.
40.Â
Trainee Enrolled Nurse
(i)Â Â Â Â Â Â Â Objective:
The objective of this clause is to
assist with the establishment of a system of traineeships for Trainee Enrolled
Nurses, which provides approved training in conjunction with employment
and which is to be at the same AQF level as the existing Certificate IV course.
(ii)Â Â Â Â Â Application:
(a)Â Â Â Â Â Â This clause applies only to the employment
of Trainee Enrolled Nurses undertaking Certificate IV in Nursing whilst
performing the duties of a Trainee Enrolled Nurse.
(b)Â Â Â Â Â Â The system is neither designed nor
intended for those who are already trained and job ready.
(iii)Â Â Â Â Definitions:
"Structured Training"
means - training which is specified in the Training
Plan, which is part of the Training Contract registered with the relevant NSW
Training Authority. It includes training
undertaken both on and off-the-job in a Traineeship and involves formal
instruction, both theoretical and practical, and supervised practice. The
training reflects the requirements of a Traineeship approved by the relevant
NSW Training Authority.
"Trainee" is an
individual who is signatory to a Training Contract registered with the relevant
NSW Training Authority and is involved in paid work and structured training
both on and off the job. A trainee can be full time, part time or school-based.
"Traineeship" means - a
system of training, which has been approved by the relevant NSW Training
Authority and includes full time traineeships and part time traineeships
including school-based traineeships.
"Training Contract" means
- a contract entered into for the purposes of
establishing a Traineeship under the Apprenticeship and Traineeship Act
2001 (NSW).
"Training Plan" means - a
programme of training which forms part of a Training
Contract registered with the relevant NSW Training Authority.
"Relevant NSW Training
Authority" means - the Department of Education, or successor organisation.
"School Based Trainee Enrolled
Nurse" is a student enrolled in the Higher School Certificate, or
equivalent qualification, who is undertaking a Traineeship which forms part of
a recognised component of their HSC curriculum, and
is endorsed by the relevant NSW Training Authority, NSW Board of Studies and
NSW Nurses Registration Board as such.
(iv)Â Â Â Â Training Conditions
(a)Â Â Â Â Â Â The employer will provide a level of
registered nurse supervision during the traineeship period in accordance with
the training contract.
(b)Â Â Â Â Â Â Trainee Enrolled Nurses will not be
required to perform the duties of registered or enrolled nurses in the event of
absenteeism. In the event that a registered or
enrolled nurse needs to be replaced, existing staff including casuals will be
offered the shift, or agency staff will be used.
(c)Â Â Â Â Â Â The employer agrees that the overall
training programme will be monitored by officers of
the relevant NSW Training Authority.Â
Training records or work books may be utilised as part of this monitoring process.
(d)Â Â Â Â Â Â A Traineeship will not commence until the
relevant Training Contract has been signed by the employer and the trainee and
lodged for registration with the relevant NSW Training Authority.
(v)Â Â Â Â Â Â Full Time, Part Time Traineeships
A full time Trainee Enrolled Nurse
will be engaged as a full-time employee for a maximum of one year’s duration.
A part time Trainee Enrolled Nurse
will be engaged as a part time employee for a maximum of two years’ duration.
A Trainee Enrolled Nurse who
undertakes a Traineeship on a part-time basis works less than full-time
ordinary hours and will undertake the approved training at the same or lesser
training time than a full-time trainee.
(vi)Â Â Â Â Employment Conditions
(a)Â Â Â Â Â Â A Trainee Enrolled Nurse will be subject
to a satisfactory probation period of up to one month which may be reduced at
the discretion of the employer.
(b)Â Â Â Â Â Â By agreement in writing, and with the
consent of the relevant NSW Training Authority, the relevant employer and the
Trainee may vary the duration of the Traineeship and the extent of approved
training. Any agreement to vary will be in accordance with the relevant
Traineeship.
(c)Â Â Â Â Â Â Where the trainee completes the
qualification in the Training Contract earlier than the time specified in the
Training Contract then the Traineeship may be concluded by mutual agreement.
(d)Â Â Â Â Â Â A traineeship will not be terminated
before its conclusion except in accordance with the Apprenticeship and
Traineeship Act 2001 (NSW) or by mutual agreement.
(e)Â Â Â Â Â Â An employer who chooses not to continue
the employment of a Trainee upon the completion of the Traineeship will notify,
in writing, the relevant NSW Training Authority of their decision.
(f)Â Â Â Â Â Â Â The Trainee will be permitted to be
absent from work without loss of continuity of employment and/or wages to
attend training in accordance with the Traineeship Agreement.
(g)Â Â Â Â Â Â Where the employment of a Trainee by an
employer is continued after the completion of the traineeship period, such
employment period will be counted as service for the purposes of this award or
any other legislative entitlement.
(h)Â Â Â Â Â Â The Traineeship Agreement may restrict
the circumstances under which the Trainee may work overtime and shiftwork in order to ensure the training programme
is successfully completed.
(i)Â Â Â Â Â Â Â No Trainee
Enrolled Nurses will work overtime or shiftwork unless under the direct
supervision of a registered nurse.
(ii)Â Â Â Â Â No Trainee Enrolled Nurse will work
shiftwork unless the parties to a Traineeship agree that such shiftwork makes
satisfactory provision for structured training.
(iii)Â Â Â Â Such training may be applied over a cycle in excess of a week but must average over the relevant
period no less than the amount of training required for non-shiftwork Trainee
Enrolled Nurses.
(iv)Â Â Â Â No Trainee Enrolled Nurse will be rostered
to work a shift any less than 8 hours prior to attending off the job training
requirements, or any less than 8 hours after having completed off the job
training requirements.
(i)Â Â Â Â Â Â Â The Trainee
Enrolled Nurse wages will be in accordance with Table 1 - Salaries, of Part B,
Monetary Rates and will be the basis for the calculation of overtime and/or
shift penalty rates prescribed by this award.
(j)Â Â Â Â Â Â Â A Trainee who fails to either complete
the Traineeship or who cannot for any reason be placed in employment with the
employer on successful completion of the Traineeship will not be entitled to
any severance payments
(k)Â Â Â Â Â Â All the terms and conditions of this
award or former industrial agreements that are applicable to the Trainee
Enrolled Nurse will apply unless specifically varied by this clause.
41.Â
Trainee Assistant in Nursing
(i)Â Â Â Â Â Â Â Application
(a)Â Â Â Â Â Â This clause will apply subject to the
paragraph (b) to persons who are undertaking training as an assistant in
nursing under a Traineeship (as defined).
(b)Â Â Â Â Â Â Notwithstanding
the foregoing, clause 41, Trainee Assistant in Nursing, will not apply to
employees who were employed under this award or awards that previously covered
these employees, prior to the date of approval of a traineeship scheme relevant
to the employer, except where agreed between the employer and the relevant
union(s).
(c)Â Â Â Â Â Â This clause does not apply to the
apprenticeship system or any training programme which
applies to the same occupation and achieves essentially the same training
outcome as an existing apprenticeship in an award as at
27 April 1998 or in an award that binds the employer.
(d)Â Â Â Â Â Â For the removal of any doubt, this clause
only applies to the employment of Trainees as trainee assistants in nursing.
(e)Â Â Â Â Â Â At the conclusion of the traineeship,
this clause will cease to apply to the employment of the trainee and general
provisions under this award will apply to the former trainee.
(ii)Â Â Â Â Â Objective
The objective of clause 41, Trainee
Assistant in Nursing is to assist with the establishment of a system of
traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment
prospects of trainees, particularly young people and the long term
unemployed. The system is neither
designed nor intended for those who are already trained and job ready. It is
not intended that existing employees will be displaced from employment by
trainees. It is intended to apply only to the employment of Trainees as
assistants in nursing. Except as provided for in subclause (iv) of clause 41,
Trainee Assistant in Nursing nothing in this clause will be taken to replace
the prescription of training requirements in this award.
(iii)Â Â Â Â Definitions
"Appropriate
State Legislation" means the Apprenticeship and Traineeship Act
2001 (NSW), or any successor legislation.
"Relevant
NSW Training Authority" means the Department of Education, or successor organisation.
"School Based Trainee" means a student
enrolled in the Higher School Certificate, or equivalent qualification, who is
undertaking a traineeship which forms part of a recognised
component of their HSC curriculum, and is endorsed by
the relevant NSW Training Authority and the NSW Board of Studies as such.
"Structured Training" means that
training
which is specified in the Training Plan, which is part of the Training Contract
registered with the relevant NSW Training Authority. It includes training undertaken both on and
off the job in a Traineeship and involves formal instruction, both theoretical
and practical, and supervised practice. The training reflects the requirements
of a traineeship approved by the relevant NSW Training Authority and leads to a
qualification as set out in paragraph (f) of subclause (iv) of clause 41,
Trainee Assistant in Nursing.
"Trainee" means an employee,
employed for training as an assistant in nursing, who is bound by a Training
Contract made in accordance with this award.
"Traineeship" means a
contract entered into for the purposes of establishing
a Traineeship under the Apprenticeship and Traineeship Act 2001 (NSW).
"Training Plan" means a programme of training which forms part of a Training
Contract registered with the relevant NSW Training Authority.
"Year 10" means for the purposes
of this award any person leaving school before completing Year 10 will be
deemed to have completed Year 10.
(iv)Â Â Â Â Training
Conditions
(a)Â Â Â Â Â Â The Trainee will attend an approved
training course or training programme prescribed in
the Training Contract or as notified to the Trainee by the relevant NSW
Training Authority in accredited and relevant Traineeship.
(b)Â Â Â Â Â Â A Traineeship will not commence until the
relevant Training Contract, has been signed by the employer and the Trainee and
lodged for registration with the relevant NSW Training Authority, provided that
if the Training Contract is not in a standard format a Traineeship will not
commence until the Training Contract has been registered with the relevant NSW
Training Authority.
(c)Â Â Â Â Â Â The employer will ensure that the Trainee
is permitted to attend the training course or programme
provided for in the Training Contract and will ensure that the Trainee receives
the appropriate on-the-job training.
(d)Â Â Â Â Â Â The employer will provide a level of
supervision in accordance with the Training Contract during the traineeship
period.
(e)Â Â Â Â Â Â The employer agrees that the overall training
programme will be monitored by officers of the
relevant NSW Training Authority and training records or work
books may be utilised as part of this
monitoring process.
(f)Â Â Â Â Â Â Â Training
will be directed at:
(i)Â Â Â Â Â Â Â the
achievement of key competencies required for successful participation in the
workplace (where these have not been achieved) (e.g. literacy, numeracy,
problem solving, team work, using technology), and as
are proposed to be included in the Australian Qualification Framework Level 1
qualification.
This could be achieved through
foundation competencies which are part of endorsed competencies for an industry
or enterprise; and/or
(ii)Â Â Â Â Â the achievement of competencies required
for successful participation in an industry or enterprise (where there are
endorsed national standards these will define these
(v)Â Â Â Â Â Â Employment Conditions
(a)Â Â Â Â Â Â A Trainee will be engaged as a full-time
employee for a maximum of one year’s duration or a part time trainee for a
maximum period of 2 years, unless the relevant NSW Training Authority directs,
the maximum duration for a traineeship will be thirty six
months.
(b)Â Â Â Â Â Â A Trainee will be subject to a
satisfactory probation period of up to one month which may be reduced at the
discretion of the employer.
(c)Â Â Â Â Â Â By agreement in writing, and with the
consent of the relevant NSW Training Authority, the relevant employer and the
Trainee may vary the duration of the Traineeship and the extent of approved
training provided that any agreement to vary is in accordance with the relevant
Traineeship .
(d)Â Â Â Â Â Â Where the trainee completes the
qualification, in the Training Contract, earlier than the time specified in the
Traineeship Agreement then the traineeship may be concluded by mutual
agreement.
(e)Â Â Â Â Â Â An employer will not terminate the
employment of a Trainee without firstly having provided written notice of
termination to the Trainee concerned and the relevant NSW Training Authority in
accordance with the Training Contract or the Apprenticeship and Traineeship
Act 2001 (NSW).
An employer who chooses not to
continue to the employment of a Trainee upon the completion of the traineeship
will notify, in writing, the relevant NSW Training Authority of their decision.
(f)
(i)Â Â Â Â Â Â Â The Training
Contract may restrict the circumstances under which the Trainee may work
overtime and shiftwork in order to ensure the training
programme is successfully completed.
(ii)Â Â Â Â Â No Trainee will work overtime or shiftwork
on their own unless consistent with the provisions of this award.
(iii)Â Â Â Â No Trainee will work shiftwork unless the
parties to this award agree that such shiftwork makes satisfactory provision
for approved training. Such training may be applied over a cycle in excess of a week but must average over the relevant
period no less than the amount of training required for non-shiftwork Trainees.
(iv)Â Â Â Â The Trainee wages will be the basis for the
calculation of overtime and/or shift penalty rates prescribed by this award,
unless otherwise agreed by the parties to a Traineeship.
(g)Â Â Â Â Â Â All other terms and conditions of this
award or other industrial instruments that are applicable to the Trainee or
would be applicable to the Trainee but for clause 41, Trainee Assistant in
Nursing, will apply unless specifically varied by this clause.
(h)Â Â Â Â Â Â A Trainee who fails to either complete
the Traineeship or who cannot for any reason be placed in full time employment
with the employer on successful completion of the Traineeship will not be
entitled to any severance payments.
(i)Â Â Â Â Â Â Â The trainee
will be permitted to be absent from work without loss of continuity of
employment and/or wages to attend Structured Training in accordance with the
Training Contract.
(j)Â Â Â Â Â Â Â Where the employment of a Trainee be an
employer is continued after the completion of the traineeship period, such
traineeship period will be counted as service for the purposes of this award or
any other legislative entitlement.
(vi)Â Â Â Â Wages
(a)
(i)Â Â Â Â Â Â Â The weekly
wages payable to trainees are as provided in Table 4 - Wages - Trainees, of
Part B, Monetary Rates, and in accordance with subclause (v), Employment
Conditions.
(ii)Â Â Â Â Â These wage rates will only apply to
trainees while they are undertaking an approved traineeship which includes
approved training as defined in clause 41, Trainee Assistant in Nursing.
(iii)Â Â Â Â The wage rates prescribed by this clause do
not apply to the complete trade level training which is covered by the
apprenticeship system.
(b)Â Â Â Â Â Â The wage rates have been determined,
having regard to the following criteria:
(i)Â Â Â Â Â Â Â the
agreement of the parties;
(ii)Â Â Â Â Â the nature of the industry;
(iii)Â Â Â Â the total training plan;
(iv)Â Â Â Â recognition that training can be undertaken
in stages;
(v)Â Â Â Â Â Â the exit skill level in this award
contemplated by the traineeship.
(c)Â Â Â Â Â Â For the purposes of the said Table 4,
"out of school" will refer only to periods out of school beyond Year
10, and will be deemed to:
(i)Â Â Â Â Â Â Â include any
period of schooling beyond Year 10 which was not part of, nor contributed to, a
completed year of schooling;
(ii)Â Â Â Â Â include any period during which a trainee
repeats in whole or part a year of schooling beyond Year 10;
(iii)Â Â Â Â not include any period during a calendar
year in which a year of schooling is completed; and
(iv)Â Â Â Â have effect on an anniversary date, being 1
January in each year.
(d)Â Â Â Â Â Â At the conclusion of the traineeship, clause 41, Trainee Assistant in Nursing, ceases to
apply to the employment of the trainee and general provisions within this award
will apply to the former trainee.
(vii)Â Â Â Part-Time Employees
This subclause will apply to
trainees who undertake a traineeship on a part-time basis by working less than
full-time ordinary hours and by undertaking the approved training at the same
or lesser training time than a full-time trainee.
(a)Â Â Â Â Â Â The wage rate will be pro rata the
full-time rates based on variation in the amount of training and/or the amount
of work over the period of the traineeship, which may also be varied on the basis of the following formula:
trainee hours - average weekly
training time
|
Full-time wage rate
|
x
|
30.4*
|
*NOTE: 30.4 in the above formula represents
38 ordinary full-time hours less the average training time for full-time
trainees (i.e., 20%). A pro rata adjustment would need to be made in the case
where ordinary full-time hours were not 38.
(b)Â Â Â Â Â Â "Full-time wage rate" means the
appropriate rates as set out in Table 4 - Wages -Trainees, of Part B and School
Based Traineeships in Table 5 of Part B
(c)Â Â Â Â Â Â "Trainee hours" will be the hours
worked per week including the time spent in approved vocational training. For the purpose of
this definition, the time spent in approved vocational training may be taken as
an average for that particular year of the Traineeship.
(d)Â Â Â Â Â Â "Average weekly training time"
is based upon the length of the traineeships specified in the traineeship
contract or training contract as follows:
7.6 x 12
|
length of the traineeship in
months
|
NOTE 1:
7.6 in the above formula represents
the average weekly training time for a full-time trainee whose ordinary hours
are 38 per week. A pro rata adjustment
would need to be made in the case where ordinary full-time hours were not 38.
NOTE 2:
The parties note that the training contract
will require a trainee to be employed for sufficient hours to complete all
requirements of the traineeship, including the on-the-job work experience and
demonstration of competencies. The
parties also note that this would normally result in the equivalent of a full
day's on-the-job work per week.
(e)Â Â Â Â Â Â A part-time trainee will receive, on a
pro rata basis, all employment conditions applicable to a full-time
trainee. All the provisions of clause
41, Trainee Assistant in Nursing will apply to part-time trainees except as
specified in this -subclause.
(f)Â Â Â Â Â Â Â A part-time trainee may, by agreement,
transfer from a part-time to a full-time traineeship position should one become
available.
(g)Â Â Â Â Â Â The minimum engagement periods specified
in this award will also be applicable to part-time trainees.
EXAMPLE
|
|
Example of the calculation for the wage rate for a
part-time traineeship:
|
|
A school student (year 10) commences a traineeship in Year
11 (plus one year out of school).
|
|
The ordinary hours of work in this award is 38. The Training
Contract specifies two years (24 months) as the length of the traineeship.
|
|
"Average weekly training time" is, therefore,
7.6 x 12/24 = 3.8 hours
|
|
"Trainee hours" totals 15 hours. These are made up of 11 hours' work, which
is worked over two days of the week, plus 1 1/2 hours on-the-job training, plus
2 1/2 hours off-the-job approved training at school and at a Registered
Training Organisation.
|
|
So the wage rate for a school
leaver, plus one year out of school is:
|
$187 x (15= $68.90 plus any applicable penalty rates
under the award.
|
|
3.8)
|
|
30.4
|
|
The wage rate varies when the student completes Year 11
and passes the anniversary date of 1 January the following year to begin Year
12 and/or if "trainee hours" changes.
|
(viii)Â Â School Based Traineeships
(a)Â Â Â Â Â Â School‑Based Trainees will not be
required to attend work during the interval starting four weeks prior to the
commencement of the final Higher School Certificate examination period and
ending upon the completion of the individual's last examination period.
(b)Â Â Â Â Â Â For the purposes of clause 41, Trainee
Assistant in Nursing, a School‑Based Trainee will become an ordinary Trainee
as at January 1 of the year following in which they
cease to be a school student.
(c)Â Â Â Â Â Â An Employer will not terminate the
employment of a Trainee without firstly having provided written notice of
termination to the Trainee, and to the relevant NSW Training Authority in
accordance with the Training Contract or the Apprenticeship and Traineeship
Act 2001 (NSW).
An Employer who chooses not to
continue the employment of a Trainee upon the completion of the traineeship
will notify, in writing, the relevant NSW Training Authority of their decision.
(d)Â Â Â Â Â Â The Trainee will be permitted to be
absent from work without loss of continuity of employment and/or wages to
attend the training in accordance with the Training Contract
(e)Â Â Â Â Â Â Where the employment of a Trainee by an
Employer is continued after the completion of the Traineeship period, such
Traineeship period will be counted as service for the purposes of this award or
any other legislative entitlements.
(f)Â Â Â Â Â Â Â The Training Contract may restrict the
circumstances under which the Trainee may work overtime and shiftwork in order to ensure that the training program is successfully
completed.
(g)Â Â Â Â Â Â No Trainee will work overtime or
shiftwork on their own unless consistent with the provisions of this award.
(h)Â Â Â Â Â Â No Trainee will work shiftwork unless the
parties to this award agree that such shiftwork makes satisfactory provision
for approved training. Such training may
be applied over a cycle in excess of a week but must
average over the relevant period no less than the amount of training required
for non-shiftwork Trainees.
(i)Â Â Â Â Â Â Â The Trainee
wage will be the basis for the calculation of overtime and/or shift penalty
rates prescribed by this award, unless otherwise agreed by the parties to a
Traineeship.
(j)Â Â Â Â Â Â Â All other terms and conditions of this
award that are applicable to the Trainee or would be applicable to the Trainee
but for this clause will apply unless specifically varied by this clause.
(k)Â Â Â Â Â Â A Trainee who fails to complete the
Traineeship or who is not offered employment with the employer on successful
completion of the Traineeship will not be entitled to any severance payments.
42.Â
Right of Entry
See Part
7 of Chapter 5 of the Industrial Relations Act 1996 (NSW).
43.Â
Redundancy
(i)Â Â Â Â Â Â Â Application
(a)Â Â Â Â Â Â In respect to employers who employ 15 or
more employees immediately prior to the termination of employment of the
employees, in the terms of clause 37, Termination of Employment.
(b)Â Â Â Â Â Â Notwithstanding
anything contained elsewhere in this clause, this clause will not apply to
employees with less than one year's continuous service and the general
obligation on employers will be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(c)Â Â Â Â Â Â Notwithstanding
anything contained elsewhere in this clause, this clause will not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees or employees engaged for a specific period of time or
for a specified task or tasks or where employment is terminated due to the
ordinary and customary turnover of labour.
(d)Â Â Â Â Â Â Clause
43, Redundancy, will apply to all full-time and part-time employees in
classifications listed in Part B, Monetary Rates, Table 1 - Salaries.
(ii)Â Â Â Â Â Redundancy
Discussions
before Termination
(a)Â Â Â Â Â Â Where an employer has made a definite
decision that the employer no longer wishes the job the employee has been doing
to be done by anyone pursuant to paragraph (a) of subclause (i)
of clause 52, Introduction of Change, and that decision may lead to the
termination of employment, the employer will hold discussions with the
employees directly affected and with the union to which they belong.
(b)Â Â Â Â Â Â The
discussions will take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of paragraph (a) of
this subclause and will cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the
terminations and measures to mitigate any adverse effects of any termination on
the employees concerned.
(c)Â Â Â Â Â Â For
the purposes of the discussion the employer will, as soon as practicable,
provide to the employees concerned and the union to which they belong all
relevant information about the proposed terminations including the reasons for
the proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer will not be
required to disclose confidential information the disclosure of which would
adversely affect the employer.
(iii)Â Â Â Â Notice
(a)Â Â Â Â Â Â Notice for
Changes in Production, Programme, Organisation or Structure
This subclause sets out the
notice provisions to be applied to terminations by the employer for reasons
arising from production, programme, organisation or structure in accordance
with paragraph (a) of subclause (i) of clause 52,
Introduction of Change.
(i)Â Â Â Â Â Â Â In order to terminate the employment of an employee the
employer shall give to the employee the following notice:
Period of continuous service
|
Period of notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(ii)Â Â Â Â Â In addition to the notice above, employees over 45 years of age
at the time of the giving of the notice, with not less than two years'
continuous service, shall be entitled to an additional week's notice.
(iii)Â Â Â Â Payment in lieu of the notice above shall be made if the
appropriate notice period is not given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b)Â Â Â Â Â Â Notice for Technological Change
This subclause sets out the notice provisions to be applied to
terminations by the employer for reasons arising from "technology" in
accordance with paragraph (a) of subclause (i) of the
said clause 52.
(i)Â Â Â Â Â Â Â In order to terminate the employment of
an employee, the employer shall give to the employee three months
notice of termination.
(ii)Â Â Â Â Â Payment in lieu of the notice above shall be made if the
appropriate notice period is not given.Â
Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(iii)Â Â Â Â The period of notice required by this subclause to be given
shall be deemed to be service with the employer for the purposes of the Long
Service Leave Act 1955, the Annual Holidays Act 1944, or any Act
amending or replacing either of these Acts.
(c)Â Â Â Â Â Â Time Off during the Notice Period
(i)Â Â Â Â Â Â Â During the period of notice of
termination given by the employer, an employee shall be allowed up to one day's
time off without loss of pay during each week of notice, to a maximum of five
weeks, for the purpose of seeking other employment.
(ii)Â Â Â Â Â If the employee has been allowed paid leave for more than one
day during the notice period for the purpose of seeking other employment, the
employee shall, at the request of the employer, be required to produce proof of
attendance at an interview or the employee shall not receive payment for the
time absent.
(d)Â Â Â Â Â Â Employee Leaving during the Notice Period
If the employment of an employee is terminated (other than for
misconduct) before the notice period expires, the employee shall be entitled to
the same benefits and payments under this clause had the employee remained with
the employer until the expiry of such notice.Â
Provided that in such circumstance the employee shall not be entitled to
payment in lieu of notice.
(e)Â Â Â Â Â Â Notice to Centrelink
Where a decision has been made to terminate the employment of
employees, the employer shall notify Centrelink thereof as soon as possible
giving relevant information including the number and categories of the
employees likely to be affected and the period over which the terminations are
intended to be carried out.
(f)Â Â Â Â Â Â Â Centrelink Employment Separation Certificate
The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by
Centrelink.
(g)Â Â Â Â Â Â Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties for reasons
set out in subclause (i) of the said clause 52, the
employee shall be entitled to the same period of notice of transfer as the
employee would have been entitled to if the employee's employment had been
terminated, and the employer may at the employer's option make payment in lieu
thereof of an amount equal to the difference between the former ordinary-time
rate of pay and the new ordinary-time rate for the number of weeks notice still owing.
(iv)Â Â Â Â Severance Pay
(a)
Where the employment of an employee is to
be terminated pursuant to this clause, subject to any further order of the
Industrial Relations Commission of New South Wales pursuant to paragraphs (b)
or (c) of subclause (iv) of clause 43, the employer will pay the following
severance pay in respect of a continuous period of service.
(i)Â Â Â Â Â Â Â If an employee is under 45 years of age,
the employer will pay in accordance with the following scale:
Years of Service
|
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(ii)Â Â Â Â Â Where an employee is 45 years of age or
over, the entitlement will be in accordance with the following scale:
Years of Service
|
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(iii)Â Â Â Â "Week's pay" means the all-purpose rate of pay for the
employee concerned at the date of termination, and will include, in addition to
the ordinary rate of pay, over-award payments, shift penalties and allowances
specified in paragraph (iv) of this subclause paid in accordance with the award
covering the wages and conditions of the employee.
(iv)Â Â Â Â For the purposes of this clause, the
following allowances in paragraphs (a) and (b) of subclause (i)
of clause 9, Special Allowances, and subclauses (i)
and (ii) of clause 11, Climatic and Isolation Allowance.
(v)Â Â Â Â Â Â A
"week's pay" for a particular employee will be determined according
to the average week's pay received by the employee in the period immediately
prior to their last date of employment equal to the number of weeks of
severance pay to which the employee is entitled under paragraphs (i) and (ii) of this subclause.
(b)Â Â Â Â Â Â Incapacity
to Pay
Subject
to an application by the employer and further order of the Industrial Relations
Commission of New South Wales, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) of subclause (iv)
of clause 43, Redundancy.
The
Commission will have regard to such financial and other resources of the
employer concerned as the Commission thinks relevant, and the probable effect
paying the amount of severance pay in the said paragraph (a) will have on the
employer.
(c)Â Â Â Â Â Â Alternative
Employment
Subject
to an application by the employer and further order of the Industrial Relations
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (a) of subclause (iv) of clause 43 Redundancy,
if the employer obtains acceptable alternative employment for an employee.
(v)Â Â Â Â Â Â Upon
the termination of the services of an employee, the employer will furnish the employee
with a written statement, duly signed by or on behalf of the employer, setting
out the period of the employment and the capacity in which the employee was
employed. In addition, an employer will
provide to Assistants in Nursing a statement of in-service training and/or
education which the employee has undertaken.
(vi)Â Â Â Â Employees who have accrued additional days off duty pursuant to
subclause (vii) of clause 2, Hours of Work and Free Time of Employees Other
Than Directors of Nursing, will be paid for such accrued time as ordinary rate
of pay upon termination.
(vii)Â Â Â Savings Clause
Nothing
in this clause will be construed so as to require the
reduction or alteration of more advantageous benefits or conditions which an
employee may be entitled to under any existing redundancy arrangement, taken as
a whole, between the union and any employer bound by this award.
44.Â
Attendance at Meetings and Fire Drills
(i)Â Â Â Â Â Â Â Any employee
required to work outside the ordinary hours of work in satisfaction of the
requirements for compulsory fire safety practices (e.g., fire drill and
evacuation procedures), contained within the NSW Health Policy Directive
PD2010_024 - Fire Safety in Health Care Facilities, will be entitled to be paid
the "ordinary rate" for the actual time spent in attendance at such
practices. Such time spent in attendance will not be viewed as overtime for the
purposes of this award.
(ii)Â Â Â Â Â Any employee required to attend
Occupational Health and Safety Committee and/or Board of Management meetings in
the capacity of employee representative will, if such meetings are held outside
the ordinary hours of work, be entitled to receive payment at the
"ordinary rate" for the actual time spent in attendance at such
meetings. Such time spent in attendance will not be viewed as overtime for the
purposes of this award.
(iii)Â Â Â Â For the purposes of this clause,
"ordinary rate" will include amounts payable under clause 6,
Salaries, subclauses (i) and (ii) of clause 9,
Special Allowances, and clause 11, Climatic and Isolation Allowance, plus,
where appropriate, the ten per cent loading prescribed in clause 21, Part-time,
Casual and Temporary Employees, for employees engaged otherwise than as a full-time
or permanent part-time employee.
45.Â
Training for Nurses
(i)Â Â Â Â Â Â Â Each
employer will provide a minimum of 12 hours of in-service training per annum to
Assistants in Nursing.
(ii)Â Â Â Â Â Each employer may make training available
to nurses other than Assistants in Nursing.
(iii)Â Â Â Â Each employee will provide to their
employer details of their attendance at in-service training and the employer
will keep a record of this attendance.
(iv)    Upon termination of the employee’s
employment the employer will provide to the employee a written statement of the
hours of in-service training attended by the employee.
(v)Â Â Â Â Â Â Where practicable, such training will be
provided to employees during the normal rostered hours of work. Where it is not
practicable to provide such training during the normal rostered hours of work
then:
(a)Â Â Â Â Â Â Employees will attend in-service training
outside their normal rostered working hours when required to do so by the
employer.
(b)Â Â Â Â Â Â An employer will provide employees with
two weeks notice of the requirement to attend
training outside of their normal rostered working hours.
(c)Â Â Â Â Â Â Notwithstanding clause 18, Overtime,
attendance at such training will be paid at ordinary rates.
(d)Â Â Â Â Â Â Notwithstanding subclause (iv) of clause
2, Hours of Work and Free Time of Employees Other Than Directors of Nursing,
attendance at such in-service training outside the normal rostered working time
of an employee will not affect the ordinary rate paid to the employee during
normal rostered working time.
46.Â
Resolution of Disputes
Grievances
and disputes will be dealt with in the following manner:
(i)Â Â Â Â Â Â Â The
employee is to notify (in writing or otherwise) the employer as to the
substance of the grievance, requesting a meeting with the employer for
discussions and state the remedy sought.Â
This meeting will take place within two working days of the issue
arising (weekends and public holidays excepted).
(ii)Â Â Â Â Â If
agreement is not reached, the matter will then be referred by either party to a
higher authority (where this exists) no later than three working days after
subclause (i) above (weekends and public
holidays excepted). At the conclusion of
the discussion, the employer must provide a response to the employee’s
grievance if the matter has not been resolved, including reasons (in writing or
otherwise) for not implementing the proposed remedy.
(iii)Â Â Â Â Failing
settlement of the issue at this level, the matter will be submitted to a
committee consisting of not more than four members, two of whom will be
appointed by the facility concerned (and for the purpose of this subclause the
facility may ask their employer organisation to assist) and two by the
Association.
(iv)Â Â Â Â Whilst these procedures are continuing, no
stoppage of work or any form of ban or limitation of work will be applied.
(v)Â Â Â Â Â Â The Association reserves the right to
vary this procedure where it is considered a safety factor is involved.
(vi)Â Â Â Â This clause will not interfere with the
right of either party to institute proceedings for the determination of any
matter in accordance with the Industrial Relations Act 1996 (NSW).
47.Â
Anti-Discrimination
(i)Â Â Â Â Â Â Â It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
(ii)Â Â Â Â Â It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii)Â Â Â Â Under the Anti-Discrimination Act
1977 (NSW), it is unlawful to victimise an employee
because the employee has made or may make or has been involved in a complaint
of unlawful discrimination or harassment.
(iv)Â Â Â Â Nothing in this clause is to be taken to
affect:
(a)Â Â Â Â Â Â any conduct or act which is specifically
exempted from anti-discrimination legislation;
(b)Â Â Â Â Â Â offering or providing junior rates of pay
to persons under 21 years of age;
(c)Â Â Â Â Â Â any act or practice of a body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977 (NSW);
(d)Â Â Â Â Â Â a party to this award from pursuing
matters of unlawful discrimination in any State or Federal jurisdiction.
(v)Â Â Â Â Â Â 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 -
(i)Â Â Â Â Â Â Â Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(ii)Â Â Â Â Â Â Section 56(d) of the Anti-Discrimination
Act 1977 (NSW) 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".
48.Â
Enterprise Arrangements
Part 1 - Parties
(i)Â Â Â Â Â Â Â As part of
the Structural Efficiency exercise and as an ongoing process for improvements
in productivity and efficiency, discussion should take place at an enterprise
to provide more flexible working arrangements, improvement in the quality of
working life, enhancement of skills, training and job satisfaction, and
positive assistance in the restructuring process and to encourage consultation
mechanisms across the workplace to all employees in an enterprise and
consideration of a single bargaining unit in all multi-union/union award
workplaces. Union delegates at the place of work may be involved in such
discussions.
(ii)Â Â Â Â Â The terms of any proposed genuine
arrangement reached between an employer and employee(s) in any enterprise will,
after due processing, substitute for the provisions of this award to the extent
that they are contrary, provided that:
(a)Â Â Â Â Â Â A majority of
employees affected genuinely agree.
(b)Â Â Â Â Â Â Such arrangement is consistent with the
current State Wage Case principles.
(iii)
(a)Â Â Â Â Â Â Before
any arrangement requiring variation to the award is signed and processed in
accordance with Part 2 of this clause, details of such arrangements will be
forwarded in writing to the union or unions with members in that enterprise
affected by the changes and the employer association, if any, of which the
employer is a member. A union or an employer association may, within 14 days
thereof, notify the employer in writing of any objection to the proposed
arrangements, including the reasons for such objection.
(b)Â Â Â Â Â Â When an objection is raised, the parties
are to confer in an effort to resolve the issue.
Part 2 -
Procedures to be followed - Such enterprise arrangements will be processed as
follows
(i)Â Â Â Â Â Â Â All
employees will be provided with the current prescriptions (e.g., award,
industrial agreement, enterprise agreement or enterprise arrangement) that
apply at the place of work.
(ii)
(a)Â Â Â Â Â Â Where an arrangement is agreed between
the employer and the employees or their authorised
representative at an enterprise, such arrangement will be committed to writing.
Where the arrangement is agreed
between the employer and an absolute majority of permanent employees under this
award at an enterprise, such arrangement will be committed to writing.
(b)Â Â Â Â Â Â The authorised
representative of employees at an enterprise may include a delegate, organiser or official of the relevant union if requested to
be involved by the majority of employees at the
establishment.
(iii)Â Â Â Â The arrangement will be signed by the
employer, or the employer's duly authorised
representative, and the employees, or their authorised
representative with whom agreement was reached.
(iv)Â Â Â Â Where an arrangement is objected to in
accordance with paragraph (a) of subclause (iii) of Part 1 of this clause and
the objection is not resolved, an employer may make application to the
Industrial Relations Commission of New South Wales to vary the award to give
effect to the arrangement.
(v)Â Â Â Â Â Â The union and/or the employer association
will not unreasonably withhold consent to the arrangements agreed upon by the
parties.
(vi)Â Â Â Â If no party objects to the arrangement,
then a consent application will be made to the Industrial Relations Commission
to have the arrangement approved and the award varied in the manner specified
in subclause (vii). Such applications are to be processed in accordance with
the appropriate State Wage Case principles.
(vii)Â Â Â Where
an arrangement is approved by the Industrial Relations Commission and the
arrangement is contrary to any provisions of the award, then the name of the
enterprise to which the arrangement applies, the date of operation of the
arrangement, the award provisions from which the said enterprise is exempt, and
the alternative provisions which are to apply in lieu of such award provisions
(or reference to such alternative provisions), will be set out in a schedule to
the award.
(viii)Â Â Such arrangement when approved will be
displayed on a notice board at each enterprise affected.
(ix)Â Â Â Â No existing employee will suffer a
reduction in entitlement to earnings, award or over award, for working ordinary
hours of work as the result of any award changes made as part of the
implementation of the arrangement.
49.Â
Exemptions
(i)Â Â Â Â Â Â Â This award
will not apply to members, novices or aspirants of religious orders in any
facility.
(ii)Â Â Â Â Â Clause 51, Superannuation, will apply to all
persons employed as nurses or in accordance with the profession of nursing in
the State of New South Wales excluding the County of Yancawinna.
50.Â
Secure Employment
(i)Â Â Â Â Â Â Â Objective of
this clause
The objective of this clause is for
the employer to take all reasonable steps to provide its employees with secure
employment by maximising the number of permanent
positions in the employer’s workforce, in particular by
ensuring that casual employees have an opportunity to elect to become full-time
or part-time employees.
(ii)Â Â Â Â Â Casual
Conversion
(a)Â Â Â Â Â Â A
casual employee engaged by a particular employer on a regular and systematic
basis for a sequence of periods of employment under this award during a
calendar period of six months will thereafter have the right to elect to have
their ongoing contract of employment converted to permanent full-time
employment or part-time employment if the employment is to continue beyond the
conversion process prescribed by this subclause.
(b)Â Â Â Â Â Â Every
employer of such a casual employee will give the employee notice in writing of
the provisions of this subclause within four weeks of the employee having
attained such period of six months. However, the employee retains their right
of election under this subclause if the employer fails to comply with this
notice requirement.
(c)Â Â Â Â Â Â Any
casual employee who has a right to elect under paragraph (ii)(a)upon receiving
notice under paragraph (ii)(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that they seek
to elect to convert their ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer will consent to or refuse the election, but will not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so will be fully stated and discussed with the employee
concerned, and a genuine attempt will be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
will be dealt with as far as practicable and with expedition through the disputes settlement procedure.
(d)Â Â Â Â Â Â Any casual employee who does not, within
four weeks of receiving written notice from the employer, elect to convert
their ongoing contract of employment to full-time employment or part-time
employment will be deemed to have elected against any such conversion.
(e)Â Â Â Â Â Â Once a casual employee has elected to
become and been converted to a full-time employee or a part-time employee, the
employee may only revert to casual employment by written agreement with the
employer.
(f)Â Â Â Â Â Â Â If
a casual employee has elected to have their contract of employment converted to
full-time or part-time employment in accordance with paragraph (ii)(c), the
employer and employee will, in accordance with this paragraph, and subject to
paragraph (ii)(c), discuss and agree upon:
(i)Â Â Â Â Â Â Â whether the
employee will convert to full-time or part-time employment; and
(ii)Â Â Â Â Â if it is agreed that the employee will
become a part-time employee, the number of hours and the pattern of hours that
will be worked either consistent with any other part-time employment provisions
of this award or pursuant to a part time work agreement made under Chapter 2,
Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has
worked on a full-time basis throughout the period of casual employment has the
right to elect to convert their contract of employment to full-time employment
and an employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert their contract of employment to
part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(g)Â Â Â Â Â Â Following an agreement being reached
pursuant to paragraph (f), the employee will convert to full-time or part-time
employment. If there is any dispute about the arrangements to apply to an
employee converting from casual employment to full-time or part-time
employment, it will be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(h)Â Â Â Â Â Â An employee must not be engaged and
re-engaged, dismissed or replaced in order to avoid
any obligation under this subclause.
(iii)Â Â Â Â Work
Health and Safety
(a)Â Â Â Â Â Â For the purposes of this subclause, the
following definitions will apply:
(i)Â Â Â Â Â Â Â A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust or unit trust, corporation and/or
person) which has as its business function, or one of its business functions,
to supply staff employed or engaged by it to another employer for the purpose
of such staff performing work or services for that other employer.
(ii)Â Â Â Â Â A "contract business" is a
business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(b)Â Â Â Â Â Â Any employer which engages a labour hire business and/or a contract business to perform
work wholly or partially on the employer’s premises will do the following
(either directly, or through the agency of the labour
hire or contract business):
(i)Â Â Â Â Â Â Â consult with
employees of the labour hire business and/or contract
business regarding the workplace occupational health and safety consultative arrangements;
(ii)Â Â Â Â Â provide employees of the labour hire business and/or contract business with
appropriate occupational health and safety induction training including the
appropriate training required for such employees to perform their jobs safely;
(iii)Â Â Â Â provide employees of the labour hire business and/or contract business with
appropriate personal protective equipment and/or clothing and all safe work
method statements that they would otherwise supply to their own employees; and
(iv)Â Â Â Â ensure employees of the labour
hire business and/or contract business are made aware of any risks identified
in the workplace and the procedures to control those risks.
(c)Â Â Â Â Â Â Nothing in clause 50(iii) is intended to
affect or detract from any obligation or responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 (NSW) or the Workplace Injury Management and Workers
Compensation Act 1998 (NSW).
(iv)Â Â Â Â Disputes Regarding the Application of this
clause
Where a dispute arises as to the
application or implementation of this clause, the matter will be dealt with
pursuant to the disputes settlement procedure of this
award.
(v)Â Â Â Â Â Â This clause has no application in respect
of organisations which are properly registered as
Group Training Organisations under the Apprenticeship
and Traineeship Act 2001 (NSW) (or equivalent interstate legislation) and
are deemed by the relevant State Training Authority to comply with the national
standards for Group Training Organisations
established by relevant federal bodies.
51.Â
Superannuation
(i)Â Â Â Â Â Â Â Superannuation
Legislation
(a)Â Â Â Â Â Â The subject of superannuation is dealt
with extensively by federal legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation
Guarantee Charge Act 1992 (Cth), the Superannuation
Industry (Supervision) Act 1993 (Cth), the
Superannuation (Resolution of Complaints) Act 1993 (Cth),
and section 124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to
time, will govern the superannuation rights and obligations of the parties.
(ii)Â Â Â Â Â Contribution
(a)Â Â Â Â Â Â The employer will make, in respect of
qualified employees, legislated superannuation contributions currently set at
10% of ordinary-time earnings into an approved fund. Such contributions will be remitted to the
approved fund on a monthly basis. With respect to casual employees,
contributions will be remitted at the time that employees receive their annual
group certificate.
(b)Â Â Â Â Â Â It is provided further that an employee
may nominate one complying fund to which all award and statutory superannuation
contributions in respect of them will be paid, subject to employer approval of
the fund nominated by the employee.Â
Provided that the employer will not unreasonably withhold agreement
unless it establishes good and proper reasons for the withholding of agreement.
(c)Â Â Â Â Â Â Where no such nomination is made before
any such contributions become payable, the contribution referred to in
subclause (a) of this clause will be paid to the approved fund for that place
of employment.
(iii)Â Â Â Â Salary
Sacrifice to Superannuation
(a)Â Â Â Â Â Â Salary Sacrifice to Superannuation means
the option of making additional superannuation contributions by electing to
sacrifice a portion of the gross earnings (pre tax dollars) under this award. This will give the effect of reducing the
taxable income by the amount for salary sacrifice.
(b)Â Â Â Â Â Â Salary sacrifice
to superannuation will be offered to employees by mutual agreement between the
employee and employer.
(c)Â Â Â Â Â Â Such election must be made prior to the
commencement of the period of service to which the earnings relate.
(d)Â Â Â Â Â Â One change of a sacrificed amount will be
permitted in an employee’s anniversary year, which is 12 months from the date
of commencement of employment, without incurring an administration charge
($50.00). Changing from full-time to
part-time or part-time to full-time employment will not be classified as a
change for administration charge purposes.
(e)Â Â Â Â Â Â The amount sacrificed must not exceed any
relevant superannuation guarantee contribution limit.
(f)Â Â Â Â Â Â Â The sacrificed portion of salary reduces
the salary subject to PAYG taxation deductions.
(g)Â Â Â Â Â Â Any allowance, penalty rate, overtime,
payment for unused leave entitlements, other than any payments for leave taken
whilst employed, will be calculated by reference to the salary which would have
applied to the employee in the absence of any salary sacrifice to
superannuation. Payment for leave taken
whilst employed will be at the post-salary sacrificed amount.
(h)Â Â Â Â Â Â Salary sacrifice arrangements can be cancelled
by either the employer or employee at any time provided either party gives one
month's notice. The employer has the
right to withdraw from offering salary sacrifice to employees without notice if
there is any alteration to relevant Australian Taxation legislation.
(i)Â Â Â Â Â Â Â Contributions
payable by the employer in relation to the Superannuation Guarantee Legislation
will be calculated by reference to the salary which would have applied to the
employee this award in the absence of any salary sacrifice.
(j)Â Â Â Â Â Â Â Employers will not use any amount that
is salary sacrificed by an employee to negate contributions payable under the
Superannuation Guarantee Legislation.
(k)Â Â Â Â Â Â The employee will have the portion of
payable salary that is sacrificed paid as additional employer superannuation
contributions into the same superannuation fund that receives the employer’s
SGC contributions.
(l)Â Â Â Â Â Â Â Nothing in this clause will affect the
right of an employer to maintain alternate arrangements with respect to salary
sacrifice for employees.
52.Â
Introduction of Change
(i)Â Â Â Â Â Â Â Employer's
Duty to Notify
(a)Â Â Â Â Â Â Where
an employer has made a definite decision to introduce major changes in
production, programme, organisation,
structure or technology that are likely to have significant effects on
employees, the employer will notify the employees who may be affected by the
proposed changes and the union to which they belong.
(b)Â Â Â Â Â Â "Significant effects" include
termination of employment, major changes in the composition, operation or size
of the employer's workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
(ii)Â Â Â Â Â Employer's Duty to Discuss Change
(a)Â Â Â Â Â Â The employer will discuss with the
employees affected and the union to which they belong, inter alia, the
introduction of the changes referred to in subclause (i)
of this clause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and will give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b)Â Â Â Â Â Â The discussion will commence as early as
practicable after a definite decision has been made by the employer to make the
changes referred to in the said subclause (i).
(c)Â Â Â Â Â Â For the purpose of such discussion, the
employer will provide to the employees concerned and the union to which they
belong all relevant information about the changes, including the nature of the
changes proposed, the expected effects of the changes on employees and any
other matters likely to affect employees, provided that any employer will not
be required to disclose confidential information the disclosure of which would
adversely affect the employer.
53.Â
Area, Incidence and Duration
(i)Â Â Â Â Â Â Â This award
is made pursuant to section 10 and 11 of the Industrial Relations Act
1996 (NSW) and rescinds and replaces the reviewed Nursing Homes, &c.,
Nurses' (State) Award published 24 January 2020, the Nurses' (Private Sector)
Training Wage (State) Award published 27 January 2012, the reviewed Nurses
(Private Sector) Superannuation (State) Award published 24 January 2020, and
the reviewed Nurses (Private Sector) Redundancy (State) Award published 21
February 2020.
This award combines the above awards
by mirroring as closely as possible the contents of those awards into a new,
consolidated, award.
The changes made to the award are
pursuant to section 19(6) of the Industrial Relations Act 1996 (NSW)
take effect on 8 October 2021 for a nominal period of 1 year. This award
remains in force until varied or rescinded
(ii)Â Â Â Â Â It will apply to persons engaged in the
industry of nursing as defined herein within the State of New South Wales,
within the jurisdiction of the Private Hospital, Day Procedure Centre, Nursing
Home, &c., Nurses' (State) Industrial Committee, which includes as part of
its coverage the following:
Trained nurses, Trainees and
Assistants in Nursing and all persons employed as nurses in the industry and
calling of nursing and employed in or in connection with a residential aged
care facility.
(iii)Â Â Â Â The rates of pay in this award include the
adjustments payable under the State Wage Case 2024. These adjustments may be
offset any or both:
(a)Â Â Â Â Â Â any equivalent overaward
payments, and
(b)Â Â Â Â Â Â Award wage increases other than State
Wage Case adjustments.
The rates of pay and allowances in
Part B, Monetary Rates, take effect from the first full pay period on or after
1 September 2024.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
SWC 2023
FFPP 1/9/2023
|
SWC 2024
FFPP 1/9/2024
|
Assistant in nursing/trainee enrolled nurse
|
|
|
First year of experience
|
1,074.30
|
1,114.59
|
Second year of experience
|
1,091.10
|
1,132.02
|
Third year of experience
|
1,108.60
|
1,150.17
|
Thereafter
|
1,144.20
|
1,187.11
|
|
|
|
Enrolled nurse
|
|
|
First year of experience
|
1,256.14
|
1,303.25
|
Second year of experience
|
1,281.22
|
1,329.27
|
Third year of experience
|
1,307.42
|
1,356.45
|
Fourth year of experience
|
1,333.12
|
1,383.11
|
Thereafter
|
1,358.64
|
1,409.59
|
|
|
|
Registered nurse general, MR Psych., Infants, geriatric,
|
|
|
midwifery
|
|
|
First year of service
|
1,410.50
|
1,463.39
|
Second year of service
|
1,480.34
|
1,535.85
|
Third year of service
|
1,550.64
|
1,608.79
|
Fourth year of service
|
1,626.12
|
1,687.10
|
Fifth year of service
|
1,701.96
|
1,765.78
|
Sixth year of service
|
1,778.08
|
1,844.76
|
Seventh year of service
|
1,859.28
|
1,929.00
|
Eighth year of service
|
1936.28
|
2,008.89
|
|
|
|
Nursing unit manager (personal to current occupants as at 1 March 1999)
|
|
|
|
|
|
Level 1
|
|
|
First year
|
2,145.08
|
2,225.52
|
Second year
|
2,202.78
|
2,285.38
|
Level 2
|
2,258.48
|
2,343.17
|
Level 3
|
2,311.10
|
2,397.77
|
Â
|
|
|
Nurse undergoing pre-registration Assessment
|
1,216.80
|
1,262.43
|
Clinical nurse specialist
|
1,987.22
|
2,061.74
|
Clinical nurse consultant
|
2,352.28
|
2,440.49
|
Clinical nurse educator
|
2,027.88
|
2,103.93
|
|
|
|
Nurse educator
|
|
|
First year
|
2,144.98
|
2,225.42
|
Second year
|
2,202.78
|
2,285.38
|
Third year
|
2,254.48
|
2,339.02
|
Fourth year
|
2,363.30
|
2,451.92
|
|
|
|
Senior nurse educator
|
|
|
First year
|
2,432.84
|
2,524.07
|
Second year
|
2,493.86
|
2,587.38
|
Third year
|
2,582.28
|
2,679.12
|
|
|
|
Assistant director of nursing
|
|
|
Less than 150 beds
|
2,228.24
|
2,311.80
|
150-250 beds
|
2,398.26
|
2,488.19
|
250 beds and over
|
2,464.38
|
2,556.79
|
Â
|
|
|
Deputy director of nursing
|
|
|
Less than 20 beds
|
2,267.94
|
2,352.99
|
20 beds, less than 75 beds
|
2,336.26
|
2,423.87
|
75 beds, less than 100 beds
|
2,398.68
|
2,488.63
|
100
beds, less than 150 beds
|
2,443.28
|
2,534.90
|
150
beds, less than 200 beds
|
2,508.58
|
2,602.65
|
200
beds, less than 250 beds
|
2,582.28
|
2,679.12
|
250
beds, less than 350 beds
|
2,667.88
|
2,767.93
|
350
beds, less than 450 beds
|
2,752.38
|
2,855.59
|
450
beds, less than 750 beds
|
2,843.58
|
2,950.21
|
750
beds and over
|
2,942.08
|
3,052.41
|
Director
of nursing
|
|
|
Less
than 25 beds
|
2,506.72
|
2,600.72
|
25 beds,
less than 50 beds
|
2,650.78
|
2,750.18
|
50
beds, less than 75 beds
|
2,718.58
|
2,820.53
|
75
beds, less than 100 beds
|
2,785.32
|
2,889.77
|
100
beds, less than 150 beds
|
2,885.78
|
2,994.00
|
150
beds, less than 200 beds
|
3,000.14
|
3,112.65
|
200 beds,
less than 250 beds
|
3,084.64
|
3,200.31
|
250
beds, less than 350 beds
|
3,186.54
|
3,306.04
|
350
beds, less than 450 beds
|
3,356.54
|
3,482.41
|
450
beds, less than 750 beds
|
3,529.64
|
3,662.00
|
750
beds and over
|
3,727.84
|
3,867.63
|
Table 2 - Other Rates and Allowances
Item No.
|
Brief Description
|
Clause No.
|
1/9/2023
|
1/09/2024
|
Period
|
1
|
In Charge of Nursing Home
|
9(i)(a)
|
|
|
|
(a) less than 100 beds
|
32.95
|
34.19
|
per shift
|
(b) 100 beds and less than 150 beds
|
53.03
|
55.02
|
per shift
|
2
|
In Charge of ward/unit
|
9(i)(b)
|
32.95
|
34.19
|
per shift
|
3
|
On Call
|
9(ii)(a)
|
29.35
|
30.45
|
per 24 hours or part thereof
|
4
|
On Call on rostered days off
|
9(ii)(b)
|
58.69
|
60.89
|
per 24 hours or part thereof
|
5
|
On Call During Meal Break
|
9(ii)(c)
|
15.88
|
16.48
|
per shift
|
6
|
Travelling Allowance
|
9(ii)(d)
|
0.91
|
0.94
|
per km
|
7
|
Climatic Allowance
|
11(i)
|
6.08
|
6.31
|
per week
|
8
|
Isolation Allowance
|
11(ii)
|
11.77
|
12.21
|
per week
|
9
|
Expense Allowance for DON's
|
13
|
|
|
|
less 100 beds
|
330.46
|
342.85
|
per annum
|
100 - 299 beds
|
659.53
|
684.26
|
per annum
|
300 - 499 beds
|
990.01
|
1,027.14
|
per annum
|
over 500 beds
|
1320.91
|
1,370.44
|
per annum
|
10
|
Uniforms
|
16(iii)(a)
|
8.86
|
9.19
|
per week
|
11
|
Shoes
|
16(iii)(a)
|
2.74
|
2.84
|
per week
|
12
|
Cardigan or Jacket
|
16(iii)(b)
|
2.66
|
2.76
|
per week
|
13
|
Stockings
|
16(iii)(c)
|
4.61
|
4.78
|
per week
|
14
|
Socks
|
16(iii)(d)
|
0.92
|
0.95
|
per week
|
15
|
Laundry
|
16(iv)
|
7.41
|
7.69
|
per week
|
16
|
Meal on Overtime
|
18(vi)
|
13.05
|
13.54
|
per week
|
17
|
Breakfast
|
29(i)(c)
|
4.89
|
5.07
|
per week
|
18
|
Other Meals
|
29(i)(c)
|
8.85
|
9.18
|
per week
|
Table 3- Continuing Education Allowances
Item No.
|
Brief Description
|
Clause No.
|
1/9/2023
|
1/9/2024
|
Period
|
1
|
RN - Post Graduate Certificate
|
10(vii)
|
27.64
|
28.68
|
per week
|
2
|
RN - Post Grad Diploma/Degree
|
10(viii)
|
46.04
|
47.77
|
per week
|
3
|
RN - asters/Doctorate
|
10(ix)
|
55.28
|
57.32
|
per week
|
4
|
EN - Cert IV
|
10(x)
|
18.43
|
19.12
|
per week
|
Table 4 - Monetary Rate for Assistant in
Nursing Trainees
Highest
Year of Schooling Completed
|
FFPPOA
|
FFPPOA
|
|
1/9/2023
|
1/9/2024
|
Skill
Level A - Year 10
|
|
|
School
Leaver
|
$392.68
|
$407.41
|
1 year
out of school
|
$432.73
|
$448.96
|
2 years
out of school
|
$519.67
|
$539.16
|
3
years out of school
|
$604.95
|
$627.64
|
4
years out of school
|
$703.07
|
$729.44
|
5
years out of school
|
$803.50
|
$833.63
|
Highest
Year of Schooling Completed
|
|
|
Skill
Level A - Year 11
|
|
|
School
Leaver
|
$432.83
|
$449.06
|
1 year
out of school
|
$519.67
|
$539.16
|
2
years out of school
|
$604.95
|
$627.64
|
3
years out of school
|
$703.07
|
$729.44
|
4
years out of school
|
$803.62
|
$833.76
|
5
years out of school
|
$803.62
|
$833.76
|
Highest
Year of Schooling Completed
|
|
|
Skill Level
A - Year 12
|
|
|
School
Leaver
|
$519.67
|
$539.16
|
1 year
out of school
|
$604.95
|
$627.64
|
2
years out of school
|
$703.17
|
$729.54
|
3
years out of school
|
$803.29
|
$833.41
|
4
years out of school
|
$803.29
|
$833.41
|
5
years out of school
|
$803.29
|
$833.41
|
Table 5 - Monetary Rates for School Based
Traineeships
Year
of Schooling - Year 11
|
FFPPOA
|
FFPPOA
|
|
1/9/2023
|
1/9/2024
|
Skill
Level 1
|
$377.42
|
$391.57
|
Year
of Schooling - Year 12
|
|
|
Skill
Level 1
|
$432.83
|
$449.06
|
Table 6 - Wages - School Based
Traineeships
Year of Schooling - Year 11
|
FFPPOA
|
FFPPOA
|
|
1/9/2023
|
1/9/2024
|
Skill
Levels A, B, C
|
$262.27
|
$272.11
|
Year
of Schooling - Year 12
|
|
|
Skill
Levels A, B, C
|
$287.15
|
$297.92
|
____________________
Printed by the authority of the Industrial Registrar.