Public Health System Nurses' and Midwives' (State) Award 2023
AWARD
REPRINT
This reprint of the abovementioned award is published by
the authority of the Industrial Registrar under section 390 of the Industrial
Relations Act 1996, and under Rule 6.6 of the Industrial Relations
Commission Rules 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, Industrial Registrar
Schedule of Variations Incorporated
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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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C9857
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1 November 2024
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1 July 2023
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396
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1097
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AWARD
PART
A
1.
Arrangement
Clause No. Subject
Matter
1. Arrangement
2. No
Extra Claims
3. Definitions
4. Hours
of Work and Free Time of Employees Other Than Directors of Nursing and Area
Managers, Nurse Education
4A. Multiple
Assignments
5. Pilot
Roster Projects
6. Introduction
of Change
7. Hours
of Work and Free Time of Directors of Nursing and Area Managers, Nurse
Education
8. Rosters
9. Salaries
10. Salary
Sacrifice to Superannuation
11. Leave
for Matters arising from Domestic and Family Violence
12. Special
Allowances
13. Continuing
Education Allowance
14. Climatic
and Isolation Allowances
15. Penalty
Rates for Shift Work and Weekend Work
16. Fares
and Expenses
17. Special
Rates and Conditions
18. Telephone
Allowance
19. Work
Health and Safety for Employees of Contractors and Labour Hire Business
20. Mobility,
Excess Fares & Travelling
21. Car
Allowance
22. Provision
of Communication Device
23. Uniform
and Laundry Allowances
24. Higher
Grade Duty
25. Overtime
26. Escort
Duty
27. Payment
and Particulars of Salaries
28 Registration
Pending
29. Part-time,
Casual and Temporary Employees
30. Annual
Leave
31. Annual
Leave Loading
32. Family
and Community Services Leave and Personal/Carers’ Leave
33. Long
Service Leave
34. Maternity,
Adoption and Parental Leave
35. Military
Leave
36. Repatriation
Leave
37. Sick
Leave
38. Accommodation
and Board
39. Grading
Committee
40. Grading
of Nurse/Midwife Manager Positions
41. Deputy
Directors of Nursing, Assistant Directors of Nursing
42. Proportion
43. Medical
Examination of Nurses
44. Domestic
Work
45. Termination
of Employment
46. Labour
Flexibility
47. Right
of Entry
48. Disputes
49. Anti-discrimination
50. Exemptions
51. Salary
Packaging
52. Deduction
of Union Membership Fees
53. Staffing
Arrangements
54. Trade
Union Activities
55. Learning
and Development Leave
56. Career
Break Scheme
57. Supernumerary Time for New Graduates
58. Commitments
During Life of this award
59. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
2.
No Extra Claims
Other than as
provided for in the Industrial Relations Act 1996 (NSW), there must be
no further claims/demands or proceedings instituted before the Industrial
Relations Commission of New South Wales for extra or reduced wages, salaries,
rates of pay, allowances or conditions of employment with respect to the employees
covered by the Award that take effect prior to 30 June 2024 by a party to this
Award, except as provided for in the Memorandum of Understanding between the
Association and the NSW Ministry of Health dated 29 August 2023 regarding the
implementation of Safe Staffing Levels within the Award.
3.
Definitions
Unless the context
otherwise indicates or requires, the several expressions hereunder defined will
have the respective meanings assigned to them:
"ADA"
means the adjusted daily average of occupied beds, calculated in accordance
with the following formula:
ADA = Daily Average
+ Neo-natal Adjustment + Non-inpatient Adjustment
Where:
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Daily Average
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=
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Total Occupied Bed Days for the Period Less
Unqualified Baby Bed Days
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Number of Days in the Period
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Neo-natal Adjustment
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=
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Total Bed Days of Unqualified Babies
for the Period
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2 X Number of Days in the Period
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Non-inpatient
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=
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Total NIOOS Equivalents for the Period
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10 X Number of Days in the Period
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Note: Total NIOOS
Equivalents for the Period equals the individual NIOOS plus the equivalent
number of Group NIOOS (Non-inpatient Group Sessions * 1.3) plus the equivalent
number of Dental NIOOS (Non-inpatient Dental Flow * 3.8).
"AHPRA"
means the Australian Health Practitioner Regulation Agency.
"Ambulance
Service" means the Ambulance Service of NSW.
"Area Manager,
Nurse/Midwife Education" - refer to Schedule 1, Nurse Managers.
"Assistant in
Nursing/Midwifery" means a person, other than a registered nurse, Enrolled
Nurse or Enrolled Nurse without medication qualification who is employed in
nursing/midwifery duties in a public hospital or public health organisation.
"Assistant
Director of Nursing/Midwifery" - refer to Schedule 1, Nurse Managers.
"Association"
means the New South Wales Nurses and Midwives’ Association and the Australian
Nursing and Midwifery Federation NSW Branch (ANMF NSW Branch).
"Association
delegate" means a trade union delegate accredited by the Association
including but not limited to a Branch Official, Councillor or workplace
representative of the Association.
"Board"
means the Nursing and Midwifery Board of Australia and will also be taken to
mean a reference to AHPRA as appropriate/applicable.
"Career Break
Scheme" means a scheme where employees may apply for an option to defer
twenty per cent of their salary for four years and be paid this deferred salary
in the fifth year.
"Clinical
Nurse Educator/Clinical Midwife Educator" means a Registered Nurse/Midwife
appointed to a position classified as such and who holds relevant clinical or
education post registration qualifications or such education and clinical
experience deemed appropriate by the employer.
The Clinical Nurse
Educator/Clinical Midwife Educator is required to deliver and evaluate clinical
education programs at the ward/unit level.
The Clinical Nurse
Educator/Clinical Midwife Educator will provide for the delivery of clinical
nurse/midwife education in the ward/unit level, and performs the following
functions at that level:
• Delivers competent nursing education
in the ward/unit;
• Contributes to the development of colleagues;
• Supports less experienced staff and
acts as preceptor for new staff;
• Acts as the preceptor in orientations
to the ward/unit;
• Provides day to day clinical
education support in the ward/unit;
• Provides one on one informal education;
• Provides support for skill
development in clinical procedures;
• Provides support for professional development;
• Provides support for clinical policy development;
• Provides a ward/unit based in-service
program.
The provision of
direct clinical care by Clinical Nurse Educator/Clinical Midwife Educator
should be for the purpose of providing clinical education to other
employees. Direct clinical care will be
limited to emergency circumstances only.
Incremental progression
to the 2nd year and thereafter rate will be upon completion of 12 months
satisfactory full-time service.
"Clinical
Nurse Specialist/Clinical Midwife Specialist Grade 1" means: a Registered
Nurse/Midwife who applies a high level of clinical nursing knowledge,
experience and skills in providing complex nursing/midwifery care directed
towards a specific area of practice, a defined population or defined service
area, with minimum direct supervision.
A Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 1 will satisfy the following
minimum criteria:
Relevant
post-registration qualifications and at least 12 months experience working in
the relevant clinical area of their post-registration qualification; or four
years post- registration experience, including three years’ experience in the
relevant specialist field.
A
Clinical Nurse Specialist/Clinical Midwife Specialist Grade 1 is distinguished
from an 8th Year Registered Nurse/Midwife by being required to satisfy the
following criteria:
(a) actively
contributes to the development of clinical practice in the ward/unit/service;
(b) acts
as a resource and mentor to others in relation to clinical practice; and
(c) actively
contributes to their own professional development.
Clinical Nurse Specialist/Clinical
Midwife Specialist Grade 1 is a personal grading.
"Clinical Nurse Specialist/Clinical Midwife
Specialist Grade 2" means: a Registered Nurse/Midwife appointed to a
position classified as such with relevant post-registration qualifications and
at least 3 years’ experience working in the clinical area of their specified
post-graduate qualification, or such other qualifications or equivalent
experience deemed appropriate by the public hospital or public health
organisation.
The Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 2 classification encompasses the
Clinical Nurse Specialist/Clinical Midwife Specialist Grade 1 role criteria and
is distinguished from a Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 by the following additional role characteristics:
Exercises
extended autonomy of decision making;
Exercises
professional knowledge and judgement in providing complex care requiring
advanced clinical skills and undertakes one of the following roles:
leadership
in the development of nursing specialty clinical practice and service delivery
in the ward/unit/service; or
specialist
clinical practice across a small or medium sized health
facility/sector/service; or
primary
case management of a complete episode of care; or
primary
case management of a continuum of specialty care involving both inpatient and community based services; or
an
authorised extended role within the scope of Registered Nurse/Midwifery
practice.
Incremental
progression to the second year and thereafter rate will be upon completion of
12 months satisfactory full-time service (or pro rata part time service).
"Clinical
Nurse Consultant/Clinical Midwife Consultant Grade 1" means: a registered
nurse/midwife appointed as such to a position approved by the public hospital
or public health organisation, who has at least 5 years full time equivalent
post registration experience and in addition who has approved post registration
nursing/midwifery qualifications relevant to the field in which he/she is
appointed, or such other qualifications or experience deemed appropriate by the
public hospital or public health organisation.
"Clinical
Nurse Consultant/Clinical Midwife Consultant Grade 2" means: a registered
nurse/midwife appointed as such to a position approved by the public hospital
or public health organisation, who has at least 5 years full time equivalent
post registration experience, with at least 3 years full time equivalent
experience in the specialty field. In addition, the employee must have approved
postgraduate nursing/midwifery qualifications relevant to the field in which
he/she is appointed, or such other qualifications or experience deemed
appropriate by the public hospital or public health organisation. An employer may also require a higher
qualification in the specialist nursing field where such a qualification is
considered essential for the performance of the individual position.
"Clinical
Nurse Consultant/Clinical Midwife Consultant Grade 3" means: a registered
nurse/midwife appointed as such to a position approved by the public hospital
or public health organisation, who has at least 7 years full time equivalent
post registration experience, with at least 5 years full time equivalent
experience in the specialty field. In addition the
employee must have approved postgraduate nursing/midwifery qualifications
relevant to the field in which he/she is appointed or such other qualifications
or experience deemed appropriate by the public hospital or public health
organisation. An employer may also
require a higher qualification in the specialist nursing field where such a
qualification is considered essential for the performance of the individual
position.
"Day
Worker" means a worker who works her/his ordinary hours from Monday to
Friday inclusive and who commences work on such days at or after 6am and before
10am, otherwise than as part of the shift system.
"Deferred
Salary Leave Year" means the fifth year of the career break scheme where
the employee is absent from work and receives the deferred salary from the
previous four years through participation in the Career Break Scheme. This year
cannot be compressed into a period of less than twelve months.
"Deputy
Director of Nursing" - refer to Schedule 1, Nurse/Midwife Managers.
"Enrolled
Nurse without medication qualification" means a person registered by the
Board as an enrolled nurse with the notation "does not hold a Board
approved qualification in medicines administration".
"Enrolled
Nurse" means a person registered by the Board as an enrolled nurse.
"Enrolled
Nurse without medication qualification - Special Grade" means an Enrolled
Nurse without medication qualification, with an Advanced Certificate
qualification and a minimum of six years full time equivalent post enrolment
experience, including three years full time equivalent experience in the
relevant clinical area. Such a nurse is appointed to a position established by
a public hospital or public health organisation which satisfies the criteria as
agreed between the Association and the Ministry from time to time.
"Enrolled
Nurse - Special Grade" means an Enrolled Nurse with an Advanced Certificate
qualification and a minimum of six years full time equivalent post enrolment
experience, including three years full time equivalent experience in the
relevant clinical area. Such a nurse is appointed to a position established by
a public hospital or public health organisation which satisfies the criteria as
agreed between the Association and the Ministry from time to time.
"Experience"
in relation to an 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, an Enrolled Nurse without
medication qualification or assistant in nursing who was formerly a student
nurse, includes experience as such student nurse.
"Flight
Nurse" means a dual registered nurse and midwife engaged as such and
engaged with NSW Ambulance.
"Flight
Hours" means all time spent whilst in flight on an aircraft transporting
patients or in transit to pick up patients.
"Ground
Hours" for Flight Nurses means all time spent at an airport preparing for
a flight or a series of flights, and includes generally preparing and
restocking aircraft on return to home base; attending to clerical work
pertaining to flights and other general duties normally undertaken by a Flight
Nurse, including but not limited to the sterilisation of stock, maintenance and
care of special nursing equipment, cleaning the nursing sections of the
aircraft; caring of patients at terminals until the patient is transferred to
hospital or at the commencement of a flight; supervising and assisting in
loading and unloading of patients; escorting seriously ill patients to hospital
in a road ambulance.
"Health
service" means any of the following:
(a) any
hospital service
(b) any
medical service
(c) any
paramedical service
(d) any
community health service
(e) any
environmental health service
(f) any
other service (including any service of a class or description prescribed by
the Regulations of the Health Service Act 1997 (NSW)) relating to the
maintenance or improvement of the health, or the restoration to health, of
persons or the prevention of disease in or injury to persons.
"Industry of
nursing" means the industry of persons engaged in New South Wales in the
profession or occupation of nursing including midwifery and employed in or in
connection with the New South Wales Health Service as defined in section 115 of
the Health Services Act 1997 (NSW) or its successors, assignees or transmittees.
"Local Health
District" includes Specialist and Additional Networks and means a public
health organisation established pursuant to the provisions of the Health
Services Act 1997 (NSW) including all public hospitals, facilities and
other establishments and health services under the control and management
thereof.
"Manager,
Nurse/Midwife Education" - refer to Schedule 1, Nurse/Midwife Managers.
"Ministry"
means the NSW Ministry of Health.
"Nurse
Educator/Midwife Educator Grade 1" means a Registered Nurse/Midwife holding
post registration nursing/midwifery clinical or education qualifications
relevant to the clinical area in which he/she is appointed; and who is
appointed to a position of Nurse Educator/Midwife Educator Grade 1.
A Nurse
Educator/Midwife Educator Grade 1 will be responsible for the development and
delivery of nursing/midwifery education courses/programs at the public
hospital, or the community based service level.
Nurse/Midwife
education courses/programs will mean courses/programs such as:
• Post-registration certificates;
• Continuing nurse/midwife education;
• Transition programs for newly
registered nurses and midwives and newly enrolled nurses;
• Post-enrolment enrolled nurses’
courses; and,
• General staff development courses
(where applicable).
Incremental
progression to the 2nd year and thereafter rate at this Grade will be upon
completion of 12 months satisfactory full-time service.
"Nurse
Educator/Midwife Educator Grade 2" means a Registered Nurse/Midwife with
post registration nursing/midwifery clinical or education qualifications
relevant to the clinical area in which he/she is appointed, or qualifications
deemed equivalent by the employer; and who is appointed to a position of Nurse
Educator/Midwife Educator Grade 2.
A Nurse
Educator/Midwife Educator Grade 2 will be responsible for one of the following:
• A
nursing/midwifery education portfolio (including but not limited to a
transition program, enrolled nurse or registered nurse program) across a public
hospital or affiliated health organisation;
• A
nursing/midwifery education program for a clinical division or divisions across
a public hospital or affiliated health organisation; or
• A
nursing/midwifery education program for a community based
health service such as community health or mental health services.
Incremental
progression to the 2nd year and thereafter rate at this Grade will be upon
completion of 12 months satisfactory full-time service.
"Nurse
Educator/Midwife Educator Grade 3" means a Registered Nurse/Midwife
holding post registration nursing/midwifery clinical or education
qualifications relevant to the clinical area or areas in which he/she is
appointed, or qualifications deemed equivalent by the employer; and who is
appointed to a position of Nurse Educator/Midwife Educator Grade 3.
A Nurse
Educator/Midwife Educator Grade 3 will be responsible for one of the following:
• A
comprehensive nursing/midwifery education program across a Local Health
District, a sector of a Local Health District or in a tertiary referral public
hospital or affiliated health organisation; or
• The
nurse education service of a public hospital or affiliated health organisation
(excluding a tertiary referral hospital), group of hospitals or health
facility.
Incremental
progression to the 2nd year and thereafter rate at this Grade will be upon
completion of 12 months satisfactory full-time service.
"Nursing hours
wards and units" refers to wards and units in Section II Nursing Hours
Wards and Units of clause 53, Staffing Arrangements, that utilise nursing hours
per patient day to determine the number of nursing hours required to provide direct
clinical care.
"Nurse/Midwife
Manager" means any employee who is allocated to a nurse manager grade in
accordance with clause 40, Grading of
Nurse/Midwife Manager Positions, of this award.
"Nurse/Midwife
Practitioner" means a registered nurse/midwife appointed as such and who
is endorsed by the Board, to practise as a nurse/midwife practitioner.
"Nursing/Midwifery
Unit Manager" means a registered nurse in charge of a ward or unit or
group of wards or units in a public hospital or health service or public health
organisation and will include:
"Nursing/Midwifery
Unit Manager Level 1", whose responsibilities include:
(a) CO-ORDINATION
OF PATIENT SERVICES -
• liaison with all health care
disciplines for the provision of services to meet patient needs;
• the orchestration of services to meet
patient needs after discharge;
• monitoring catering and transport
services.
(b) UNIT
MANAGEMENT -
• implementation of hospital/health
service policy:
• dissemination of information to all personnel;
• ensuring environmental safety;
• monitoring the use and maintenance of
equipment;
• monitoring the supply and use of
stock and supplies;
• monitoring cleaning services.
(c) NURSING
STAFF MANAGEMENT -
• direction, co-ordination and
supervision of nursing activities;
• training, appraisal and counselling
of nursing staff;
• rostering and/or allocation of
nursing staff;
• development and/or implementation of
new nursing practice according to patient need.
"Nursing/Midwifery
Unit Manager Level 2", whose responsibilities in relation to patient
services, ward or unit management and staff management are in
excess of those of a Nursing/Midwifery Unit Manager Level 1.
"Nursing/Midwifery
Unit Manager Level 3" whose responsibilities in relation to patient
services, ward or unit management and staff management are in
excess of those of a Nursing/Midwifery Unit Manager Level 2.
"Public Health
Organisation" means:
(a) a
Local Health District or:
(b) a
statutory health corporation; or,
(c) an
affiliated health organisation in respect of its recognised establishments and
recognised services;
"Public Hospital" means:
(a) a
hospital controlled by a Local Health District, or
(b) a
hospital controlled by a statutory health corporation, or
(c) a
hospital that is a recognised establishment of an affiliated health
organisation, or
(d) a
hospital controlled by the Crown (including the Minister or the Secretary, NSW
Health).
"Registered
Nurse" means a person registered by the Board as a Registered Nurse and/or
Registered Midwife.
"Senior
Nurse/Midwife Educator" - refer to Schedule 1, Nurse Managers.
"Service"
for the purpose of clause 9, Salaries, means service before or after the
commencement of this award in New South Wales or elsewhere as a registered
nurse, provided that all service recognised prior to the commencement of this
award will continue to be recognised.
To the foregoing
will be added any actual periods on and from 1 January 1971 during which a
nurse undertook a post basic course whilst an employee of and rendering service
in an institution or hospital and such course is recognised by the Board or
acceptable to the Ministry, or one of the following certificate or diploma
courses: -
Associate
Diploma in Community Health -
College
of Nursing, Australia; N.S.W. College of Nursing;
Associate
Diploma in Nursing Administration -
College
of Nursing, Australia; N.S.W. College of Nursing;
Associate
Diploma in Nursing Education -
College
of Nursing, Australia; N.S.W. College of Nursing;
Newcastle
College of Advanced Education;
Certificate
in Operating Theatre Management -
N.S.W.
College of Nursing;
Certificate
in Operating Theatre Technique -
College
of Nursing, Australia;
Certificate
in Coronary Care -
N.S.W.
College of Nursing;
Certificate
in Orthopaedic Nursing -
N.S.W.
College of Nursing;
Certificate
in Ward Management -
N.S.W.
College of Nursing;
Midwife
Tutor Diploma -
College
of Nursing, Australia, or Central Midwives Board, London;
Occupational
Health Nursing Certificate -
N.S.W.
College of Nursing;
provided that no
more than three such courses will count as service.
A reference to the
New South Wales College of Nursing in this award will be deemed to be a
reference also to the School of Nursing Studies, Cumberland College of Health
Sciences.
"Shift
Worker" means a worker who is not a day worker as defined.
"Tour of
Duty" means the period between the time a Flight Nurse commences any
duties associated with his or her employment prior to making a flight or series
of flights and until he or she is finally relieved of all duties after
termination of flights or series of flights, whether termination is at home
base or otherwise away from home base.
"Weekly rates" will be ascertained
by dividing an annual amount by 52.17857 or a weekly rate can be multiplied by
52.17857 to obtain the annual amount.
4.
Hours of Work and Free Time of Employees Other Than Directors of Nursing
and Area Managers, Nurse Education
(i)
(a) The
ordinary hours of work for day workers, other than Directors of Nursing and
Area Managers, Nurse Education, 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 6.00 am and before 10.00 am.
(b) Flight
Nurses shall not exceed 30 hours flying time in each period of seven days.
(ii)
(a) The
ordinary hours of work for shift workers, other than Directors of Nursing and
Area Managers, Nurse Education, exclusive of mealtimes, shall not exceed an
average of 38 hours per week in each roster cycle.
(b) Flight
Nurses shall not exceed 30 hours flying time in each period of seven days.
(iii)
(a) 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 his/her ordinary
hours of work on more than nineteen days in the cycle. Provided that employees
who work 8 hour shifts are entitled to 12 additional days off duty per annum
(per NSW Health Policy Directive PD2023_006 Leave Matters for the NSW Health
Service); employees working 10 hour shifts are entitled to one additional day
off duty each five weeks; and employees working other combinations of shifts
are entitled to such number of additional days off duty per annum as will
ensure that their ordinary hours of work do not exceed an average of 38 hours
per week.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, employees may, with the
agreement of the employer work shifts of less than 8 hours each over 20 days in
each cycle of 28 days.
(iv)
(a) Each
shift will consist of no more than 10 hours on a day shift or 11 hours on a
night shift with not less than 10 hours break between each rostered shift,
unless agreed otherwise between an employee and local nursing management. An
employee shall not work more than 7 consecutive shifts unless the employee so
requests and local nursing management agrees but in no case will an employee be
permitted to work more than 10 consecutive shifts. In any fortnightly pay period an employee will not be rostered for more than three
quick shifts, i.e. an evening shift followed by a morning shift, unless agreed
otherwise between an employee and local nursing management.
(b) Where
10 hour night shifts are in operation in any health
facility, at the commencement date of this award or subsequent thereto, the
length of these shifts must not be altered without the consent of the Head
Office of the Association.
(v)
(a) The
employee's additional day off duty prescribed in subclause (iii) of this clause
(as a consequence of the implementation of the 38 hour
week) will be determined by mutual agreement between the employee and the
employer having regard to the service requirements of the latter. Where practicable such additional day off
duty shall be consecutive with the rostered days off duty prescribed in
subclause (xvi) of this clause.
(vi) Once set, the additional day off duty may not be changed in a
current cycle unless there are genuine unforeseen circumstances
prevailing. Where such circumstances
exist and the additional day off duty is changed, another day will be
substituted in the current cycle. Should this not be practicable the day must
be given and taken in the next cycle immediately following.
(vii)
(a) Where
an employee and her/his local nursing management agree, an employee’s additional
days off duty (ADOs) may be accumulated up to a total of three. This limit on
accumulation means that any employee who has already accumulated three ADOs
must take the next ADO accruing to her/him when it falls due in accordance with
the roster.
(b) Employers
must not unreasonably refuse to agree with an employee’s request to accumulate
ADOs or to take them off subsequent to such
accumulation.
(c) Any
ADOs accumulated but not taken as at the date of termination of the employee
must be paid out at ordinary rates.
(viii) Except for breaks for meals the hours of duty each day will be
continuous.
(ix) Each employee who works in excess of
five hours must have a break of not less than thirty minutes and not more than
sixty minutes for each meal occurring on duty as follows:
|
Breakfast
|
between 6am and
9am
|
|
Midday Meal
|
between 12 noon
and 2pm
|
|
Evening Meal
|
between 5pm and
7pm
|
|
Night Meal
|
between 10pm and
2am.
|
Employees
must not be required to work during meal breaks as a matter of routine practice
unless mutually agreed at the local level. Provided that any time worked during
such break will count as working time and unless the employee is permitted to
finish duty early on the same shift then overtime becomes payable once the
total ordinary work time of the shift has elapsed. Provided further that where
practicable an employee engaged to work for five hours or less in any one shift
may elect not to take a meal break as otherwise provided for in this subclause
without penalty to the employer. The term "where practicable"
encompasses regard being paid to the service requirements of the employer.
(x)
(a) One
twenty minute interval (in addition to the meal break)
will be allowed each employee on duty for a tea break during each shift. Such
interval will count as working time. Part time and Casual employees who are
engaged for less than a whole shift on any one day will only be entitled to one
tea break of 10 minutes.
(b) Where
it is not possible due to the nature of the work performed to have one twenty minute break, the employee may take one ten minute
break and be permitted to proceed off duty ten minutes prior to the rostered
finishing time of that shift.
(c) Paragraph
(b) of subclause (x) will only be exercised in special and exceptional
circumstances and with the expressed approval of the employer in consultation
with the employee.
(d) In
lieu of the meal breaks in subclause (ix) and tea breaks in this subclause, the
following crib break provisions will apply to HealthShare
Patient Transport Services (PTS) employees only;
i. HealthShare
PTS employees working shifts of less than 12 hours duration will have one paid 30 minute crib break to be taken between the fourth and
seventh hour unless otherwise agreed between the parties.
ii. HealthShare PTS employees working a roster of 12 hour shifts will be entitled to two paid 30 minute crib breaks
to be taken between the fourth and seventh hour and the eighth and eleventh
hour unless otherwise agreed between the parties.
iii. HealthShare PTS employees who, due
to operational requirements, are unable to take their paid crib break within
the prescribed times, or whose crib break is not completed, will receive an
additional payment of one hour at ordinary time rates.
(xi)
(a) Subclauses (ix) and (x) of this clause,
will not apply to an employee who is allowed two intervals of twenty minutes
each during the period of night duty but such
intervals will count as working time and will be paid for as such.
(b) Employees
must not be required to work during such breaks as a matter of routine practice
unless mutually agreed at the local level.
(c) Should
an employee be required to work during such breaks, the period when the
employee has been required to work becomes payable as overtime provided the
employee has completed the total ordinary work time of the shift, unless the
employee is permitted to finish duty early on the same shift for such period.
(xii) Changing time totalling ten minutes per shift to count as working
time is to be allowed to nurses not permitted to
travel in their work clothes.
(xiii) In addition to any other rest period and meal break, employees who
are lactating will be entitled to two paid breaks of 30 minutes per shift for
the purpose of expressing their milk or breast feeding their child, and the
employer will provide access to suitable facilities for such purpose.
(xiv)
(a) Except
in cases of emergency, an employee will not be employed on night duty for a
longer period than four consecutive weeks, unless agreed otherwise between an
employee and local nursing management.
(b) Except
in cases of emergency, after having served a period of night duty, an employee
will serve an equivalent period of time off night duty
before again undertaking a period of night duty unless agreed otherwise between
an employee and local nursing management.
(c) Except
in cases of emergency, an employee will not be required to perform night duty
against their wishes during a period of one week prior to any formal
end-of-semester examination in any course of study which has been accepted by
her/his employer as meeting the requirements for the grant of study time.
(d) This
subclause will not apply to an Assistant Director of Nursing, a
Nursing/Midwifery Unit Manager or to a registered nurse/midwife in charge as the case may be, who is employed permanently in
charge at night.
(xv) Except in cases of emergency, 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.
(xvi)
(a) Each
employee will be free from duty for not less than two full days in each week or
four full days in each fortnight and no duties will be performed by the
employee on any of such free days except for overtime. Where practicable, days
off shall be consecutive and shall not be preceded by any evening shift or a
night shift unless the employee is rostered on the same shift, ie. evening shift or night shift, as the case may be,
immediately upon his or her return to duty after days off, except by agreement
between the employee and the local nursing management. An evening shift will be one which commences
at or after 1pm and before 4pm.
(b) An
employee at his or her request, may be given time free from duty in one or more
periods but no period will be less than one full day.
(c) For
the purpose of this subclause "full day" means from midnight to
midnight or midday to midday.
(xvii)
(a) Employees
may be required to remain on call. Any such time on call will not be counted as
time worked (except in so far as an employee may take up actual duty in
response to a call) but will be paid for in accordance with clause 12, Special
Allowances. Provided, however, no employee will be required to remain on call
whilst on leave or the day before entering upon leave.
(b) Except
as hereafter provided, no employee will be required to remain on call whilst on
a rostered day off or from the completion of the employees' shift on the day
preceding a rostered day off.
(c) Paragraph
(b) will not apply where in extreme circumstances (which shall be agreed
between the employer and the Head Office of the Association) it is necessary
for a public hospital or public health organisation in order
to ensure the provision of services, to place staff on call on rostered
days off.
(xviii) An employer will not alter the period over which the ordinary hours
of work of employees are balanced except upon giving one month's notice of his
intention so to do to the Industrial Registrar and to the Association.
4A.
Multiple Assignments
(i) Multiple assignments exist when an
employee has more than one position under this award within the New South Wales
Health Service. Each of these positions
are referred to in this clause as "assignments".
(ii) Where an employee has multiple assignments with different
ordinary rates of pay, the employee will be paid in relation to the ordinary
hours worked in each separate assignment at the ordinary rate of pay applicable
to that assignment.
(iii) Where an employee has multiple assignments in the same
classification, the employee will progress from one increment (year step) to
the next increment after the employee has completed the full time equivalent of
one year in the increment having regard to the work performed in all
assignments. Further, an employee must
complete a minimum of one calendar year in an increment before progressing to
the next increment. Where an employee
has multiple assignments in different classifications, the employee’s service
in the higher classification will count for the purposes of incremental
progression in the lower classification.
However, service in the lower classification will not count for the
purposes of incremental progression in the higher classification.
(iv) With the exception of subclause (iii) above, this clause does
not apply to employees who have multiple casual assignments only. The Award provisions are to apply separately
to each casual assignment.
Multiple Assignments Within a Single Public Health
Organisation
(v) The
following provisions apply to employees with two or more assignments within a
single Public Health Organisation:
(a) The
work performed in each of an employee’s assignments will be aggregated for the
purposes of determining all of the employee’s
entitlements under this award.
Hours, Additional Days Off and Overtime
(b) The
combined total number of ordinary hours worked under an employee’s multiple
assignments will not exceed the hours of work as set out in clause 4, Hours of
Work and Free Time of Employees Other than Directors of Nursing and Area
Managers, Nurse Education.
(c) Where
the combined total number of ordinary hours worked under an employee’s multiple
assignments is equivalent to those set out in paragraph (i)(a)
of clause 4, Hours of Work and Free Time of Employees Other than Directors of
Nursing and Area Managers, Nurse Education, for day workers or paragraph
(ii)(a) of clause 4, Hours of Work and Free Time of Employees Other than
Directors of Nursing and Area Managers, Nurse Education, for shift workers they
will be considered as a full time employee for the purposes of the Award and:
1. that
employee is entitled to additional days off in accordance with subclause (iii)
of clause 4, Hours of Work and Free Time of Employees Other than Directors of
Nursing and Area Managers, Nurse Education, and
2. paragraph
(ii)(a) of clause 25, Overtime, will apply for the purposes of overtime.
(d) Where
the combined total number of ordinary hours worked under an employee’s multiple
assignments is less than those set out in subclause (c) of this subclause:
1. paragraph
(ii)(b) of clause 25, Overtime, will apply for the purposes of overtime, and
2. all
ordinary hours and additional hours paid at ordinary rates in each assignment
will be aggregated for the purposes of paragraph (ii)(b) of clause 25,
Overtime, and treated as if it were worked under a single assignment.
(e) Where
an employee is employed in an assignment as a Nurse/Midwife Manager classified
at Grade 4 or above and paragraphs (xi)(a) - (c) of clause 25, Overtime, do not
apply;
1. subparagraphs
(c)(2) and (d)(1) of this subclause will not apply to time worked in that
assignment provided that,
2. ordinary
hours worked in that assignment will be counted for the purposes of determining
whether the employee has worked beyond 38 hours in any week.
(f) The
rostering of additional days off will be co-ordinated between the employee’s
line managers to ensure that the additional days off are proportionately
rostered across the employee’s assignments.
Where an employee has multiple assignments with different ordinary rates
of pay, the additional day off will be paid at the rate of pay relevant to the
assignment in which it is rostered.
(g) Where
an employee has multiple assignments with different ordinary rates of pay, the
rate of pay used to determine the additional hours or overtime payable will be
the rate applicable to the assignment which generated the additional hours or
overtime.
(h) Where
overtime is compensated by way of time off in lieu as set out in subclause (iv)
of clause 25, Overtime, that time off in lieu must be taken in the assignment
which generated the overtime.
(i) Employees who are in full time or part
time assignments cannot be engaged on a second or further assignment as a
casual employee under the Award. Any
additional hours worked by such employees are to be remunerated in accordance
with paragraphs (c) or (d) of this subclause.
Temporary Employees
(j) Where
an employee has an assignment to which Part III - Temporary Employees of clause
29, Part-Time, Casual and Temporary Employees, applies, the allowance referred
to at subclause (ii) of Part III - Temporary Employees of clause 29, Part-Time,
Casual and Temporary Employees, will only apply to hours worked in that
assignment. While ever the allowance is paid, the provisions of paragraphs (m)
and (n) of this subclause will not apply to the temporary assignment provided that subclause (iii) of Part III - Temporary
Employees, of clause 29, Part-Time, Casual and Temporary Employees, applies to
a temporary assignment in relation to annual leave.
Employees engaged as part-time employees as at 30 June 1986
(k) Where
an employee:
1. has
elected to receive the benefits set out in subclauses (ii)-(iv) of Part IV -
Savings Provisions of clause 29, Part-time, Casual and Temporary Employees, in
relation to an assignment, and
2. after
the date this clause was inserted into the Award the employee commences in a
second or further permanent part time assignment and their combined total
number of ordinary hours worked in all assignments is less than those set out
in subclause (c) of this subclause;
subclauses
(i)-(iv) of Part IV - Savings Provisions of clause
29, Part-time, Casual and Temporary Employees, will cease to apply and the
employee will be a permanent part time employee for the purposes of the Award.
(l) Where
an employee:
1. has
elected to receive the benefits set out in subclauses (ii)-(iv) of Part IV -
Savings Provisions of clause 29, Part-time, Casual and Temporary Employees, in
relation to an assignment, and
2. his/her
combined total number of ordinary hours worked in all assignments is equal to
or more than those set out in paragraph (c) of this subclause,
subclauses
(i)-(iv) of Part IV - Savings Provisions of clause
29, Part-time, Casual and Temporary Employees, will not apply to any of their
assignments.
Leave
(m) All
ordinary hours worked by an employee in multiple assignments will count towards
determining the employee’s leave entitlements.
(n) Employees
with multiple assignments will be entitled to take all forms of leave in any of
their assignments. That is, leave
accrued by an employee through work performed in one assignment, can be taken
by that employee in their other assignment/s.
Service in all assignments will be recognised for the purposes of
paragraph (i)(a) of clause 37, Sick Leave.
(o) Where
an employee has multiple assignments with different ordinary rates of pay, the
employee will be paid for leave taken at the rate of pay relevant to the
assignment in which the leave was taken or rostered.
(p) Where
an employee’s combined total number of ordinary hours worked in their multiple
assignments is equivalent to those set out in subclause (c) of this subclause,
and that employee is required to work their ordinary hours on a seven day basis, they will be entitled to six weeks annual
leave in accordance with paragraph (i)(a) of clause
30, Annual Leave.
(q) Service
in all assignments will be recognised for the purposes of entitlements under
clause 34, Maternity, Adoption and Parental Leave.
(r) Where
an employee’s assignment is terminated but the employee remains employed under
another full time or part time assignment, that employee will not be paid out
the monetary value of the annual leave or long service leave accrued in the
terminated assignment.
Disclosures, Notifications and Approvals
(s) Employees
must, at the time they apply for any second or further assignment, disclose in
writing that they are already employed by NSW Health and provide details of
that assignment including:
1. the
position/s currently held
2. the
facility in which the existing position/s are worked
3. the
classification/s under which they are engaged in each position
4. the
number of ordinary hours worked in each position
5. any
regular additional hours or overtime that is worked in each position
6. whether
the position/s is worked according to a set roster and if so, the details of
that roster arrangement; and
(t) Prior
to accepting an offer for a second or further assignment, employees must
provide to their current manager details of that proposed assignment including:
1. the
position they have applied for
2. the
facility in which the proposed new assignment is to be worked
3. the
classification under which they would be engaged in the new assignment
4. the
number of ordinary hours to be worked in the proposed assignment
5. whether
the position is to be worked according to a set roster and if so, the details
of that roster arrangement.
(u) A
Public Health Organisation may elect on reasonable grounds to withhold the
approval of a second or further assignment to employees who are already
employed in another assignment.
(v) Before
accepting any change in roster or undertaking additional hours or overtime that
will impact on another assignment, employees who hold multiple assignments must
notify their current manager of the details of their next shift in either
assignment. Managers must not change
rosters or require employees to work additional hours or overtime where these
will impact on the employee’s roster in the other assignment (for example by
generating overtime) without first consulting the manager of the other assignment/s.
(By way of example, if an employee is requested by Manager 1 in Assignment 1 to
undertake additional hours in Assignment 1 that may impact on the roster in
Assignment 2, the employee must notify Manager 1 of the impact. Manager 1 must not change rosters/hours that
impact on Assignment 2 without first consulting Manager 2.)
Multiple Assignments Across Different Public Health
Organisations
(vi) Assignments in different Public Health Organisations will be
regarded as entirely separate for all purposes under the Award, including the
accrual and taking of leave. The only exceptions are the provisions of
subclause (iii) of this clause (regarding incremental progression) and:
(a) At
the time an employee commences an assignment in another Public Health
Organisation the employee’s accrued leave will be apportioned across their
assignments (for example, a 0.6 full time equivalent Registered Nurse who
commences another 0.4 full time equivalent assignment in another Public Health
Organisation will have 60% of their leave accruals allocated to the former
assignment and 40% to the latter assignment) unless prior to commencing the new
assignment the employee elects that this apportioning does not occur. After this apportioning, leave accrues
separately in each assignment, based on the hours worked in each
assignment. The employer will notify the
employee of their right to make this election prior to the apportioning taking
place.
(b) Employees
who have multiple assignments across different Public Health Organisations at
the time this clause was inserted into this award may elect to apportion their
accrued leave across their assignments.
(c) Service
in all assignments will be aggregated for the purposes of calculating long
service leave and family and community service leave entitlements.
(d) Service
in all assignments will be recognised for the purposes of entitlements under
clause 34, Maternity, Adoption and Parental Leave.
(e) Where
an employee terminates an assignment, any leave credits that are held against
that assignment will be transferred to the remaining assignment/s.
(f) If
prior to the introduction of this clause and/or the Staff Link payroll system
an employee received additional days off and/or overtime in accordance with
subclause (ii) of clause 25, Overtime, that employee will continue to receive
those benefits until one of the assignments is terminated.
(g) Where
an employee has three or more assignments, one or more of which are in
different Public Health Organisations, subclause (v) of this clause will apply
to those assignments which are within a single Public Health Organisation.
Changes to the composition of Public Health Organisations
(vii) The employer and the Association agree to review this clause in the event that the boundaries of any Public Health
Organisation change.
(viii) Where any change to the boundaries of any Public Health
Organisation causes an employee’s multiple assignments to which subclause (v)
of this clause previously applied to then be subject to subclause (vi) of this
clause, subclause (v) of this clause will continue to apply (to the exclusion
of subclause (vi) of this clause) to those assignments until one of them is
terminated.
5.
Pilot Roster Projects
(i) Notwithstanding any other provision of
this award, Pilot Roster Projects for the purposes of trialling flexible roster
practices may be implemented on the following basis:
(a) The
terms of the Pilot Roster Project will be agreed in writing between the
employer and the Association on behalf of the nurses participating in the
project. Provided that the Association will not unreasonably refuse to agree
to, or unreasonably delay in responding to, a Pilot Roster Project proposed by
an employer. Provided further that where
a Pilot Roster Project is proposed by the Association or nurses and the
employer does not agree to introduce a Pilot Roster Project in the terms
proposed, the employer will provide its reasons in writing to the Association or the nurses concerned.
(b) The
terms will include
(1) the
duration of the project; and
(2) the
conditions of the project; and
(3) the
award provisions required to be overridden in order to
implement the project; and
(4) review
mechanisms to assess the effectiveness of the project.
(c) Whilst
the Pilot Roster Project is being conducted according to its terms, the
employer will not be deemed to be in breach of the award by reason alone of
implementing the project.
(d) Any
purported Pilot Roster Project which does not comply with this clause is not a
Pilot Roster Project for the purposes of this clause and in particular no
employer will be able to claim the benefit of paragraph (c) when implementing
such project.
(ii) The Association agrees to participate in a review of the
operation of this clause, if requested by the Ministry.
(iii) Pilot 12 hour shift systems in place as
at 1 July 2008 will continue to operate in accordance with the provisions of
the relevant pilot agreement.
(iv) From 1 July 2008, new 12 hour shift
systems may be implemented in a ward, unit or operational area according to the
provisions of subclause (v) without the requirement for a pilot. The Association will be advised in writing by
the employer of the intention to introduce such new systems no later than four
weeks prior to the proposed date of commencement, to enable consultation with
all potentially affected employees.
(v) The
following provisions will apply to new 12 hour shift
systems commencing on or after 1 July 2008:
(a) Participation
in a 12 hour shift system will be voluntary. Alternative shift provisions must remain
available for staff who do not agree to participate in a 12
hour shift system.
(b) The
ordinary hours of work for each full time employee
will be 228 hours balanced over a six week period. The hours will be worked as
19 x 12 hour shifts. The ordinary guaranteed hours of
work for each part time employee will be balanced over a six
week period. The hours will be worked as either 12, 10
or eight hour shifts as agreed between the employee and the employer; or
The
ordinary hours of work for each full time employee
will be 152 hours balanced over a four week period. The hours will be worked as 12 x 12 hour shifts and one x eight hour shift. The ordinary guaranteed hours of work for
each part time employee will be balanced over a four week
period. The hours will be worked as
either 12, 10 or eight hour shifts as agreed between
the employee and the employer.
(c) Payment
for full time employees will be for 76 hours per pay period at the appropriate
hourly rate for each employee. Payment for part time employees will be the
actual number of hours worked per pay period.
(d) The
day shift may have a span of up to 12.5 hours and will include one half hour
unpaid meal break and two x 20 minute paid tea breaks.
(e) The
night shift may have a span of up to 12.5 hours and will include one thirty minute unpaid meal break and a further one hour paid
break or two x 30 minute paid breaks.
(f) The
maximum number of consecutive shifts will be three. Except that an employee may be rostered for
four consecutive shifts once in each six week cycle at
the request of the employee.
(g) Employees
will not be rostered on single days off unless it is at the request of the
employee.
(h) The
minimum break between shifts will be 11.5 hours.
(i) Rosters should reflect an equitable
distribution of day, night and weekend shifts among employees participating in
the 12 hour shift system. No more than 50% of shifts in the roster
cycle should be night shift unless otherwise agreed between the employee and
the unit manager.
(j) No
overtime will be worked in conjunction with a 12 hour
shift.
(k) Any 12 hour shift being replaced by
either casual or agency staff will cover the full span of the shift.
(l) An
individual employee will have the right to withdraw from the 12
hour shift system. An employee wishing to withdraw from the 12 hour shift system will provide a period of notice
equivalent to the roster period. In the
case of demonstrated pressing necessity, a minimum of two weeks' notice will be
required, or such lesser period of time as may be
agreed to by the public health organisation.
(m) Where
a 12 hour shift system is in place management will be
entitled to consider whether continuation of the system in that ward, unit or
operational area remains appropriate.
Where management determines after consultation with affected employees
to cease a 12 hour shift system, three months’ notice
of the intended cessation will be given to employees.
6.
Introduction of Change
(a) Where
an employer has made a definite decision to introduce changes in organisation,
structure, health service delivery, or technology that are likely to have
significant effects on employees covered by this award, the employer will
notify the Association and employees who may be affected by the proposed
changes. Discussions will commence as
soon as practicable after such decision has been taken.
(b) "Significant
effects" includes:
i. termination of employment;
ii. major
changes in the composition, operation or size of the employer’s workforce or in
the skills required;
iii. changes in employment and/or promotional opportunities or job
tenure for a class or group of employees;
iv. the
alteration of hours of work for a class or group of employees; or
v. the
need for training or transfer of a class or group of employees to other work or
location, and the restructuring of jobs.
(c) The
employer will discuss with the employees affected and the Association, inter
alia, the introduction of the changes referred to in subclause (a) above, the
effects the changes are likely to have on employees and any measures proposed
by the employer 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 Association in relation to the changes.
(d) For
the purpose of such discussion, the employer will provide to the employees
concerned and the Association all relevant information about the changes
including the nature of the changes proposed and the expected significant
effects of the changes on employees. Provided that the employer will not be
required to disclose confidential information, the disclosure of which would
adversely affect the employer, Ministry or Director-General of Health; or is an
exempt matter under the Government
Information (Public Access) Act
2009 (NSW) (the GIPA Act).
(e) The
provision of communication during maternity, adoption or parental leave is in
accordance with Part E, Communication During Leave, of Clause 34 Maternity,
Adoption and Parental Leave.
(f) With
respect to occupational health safety matters as referred to in the Work Health and Safety Act 2011 (NSW), the provisions of
that Act apply, and specifically the provisions under Section 47, "Duty to
consult workers", as varied from time to time.
7.
Hours of Work and Free Time of Directors of Nursing and Area Managers,
Nurse Education
(i) A Director of Nursing or Area Manager, Nurse
Education will be free from duty for not less than 9 days in each twenty-eight
consecutive days and such days free from duty may be taken in one or more
periods.
(ii) 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.
(ii) A Director of Nursing or Area Manager, Nurse Education will,
where practicable, inform his or her employer giving not less than 7 days'
notice of the days he or she proposes 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.
8.
Rosters
(i) 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) The roster will be displayed at least four weeks prior to the
commencing date of the first working period in the roster.
(iii) Notwithstanding the foregoing provisions of this clause, a
roster may be altered at any time to enable the nursing service of the public
hospital or public health organisation 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) Prior to the date of the changed shift, such change of roster
must be notified verbally or in writing to the employee concerned.
(v) Where
an employee is entitled to an additional day off duty in accordance with clause
4, Hours of Work and Free Time of Employees other than Directors of Nursing and Area Managers, Nurse Education,
such day is to be shown on the roster of hours for that employee.
(vi) All rosters must be retained for at least six years.
9.
Salaries
(i) The minimum salaries per week to be paid
to employees will be as set out in Table 1 of Part B.
(ii) An Enrolled Nurse without medication qualification or Enrolled
Nurse without medication qualification - Special Grade who has the notation
"does not hold a Board approved qualification in medicines
administration" removed from their registration will be classified and
paid as an Enrolled Nurse or Enrolled Nurse Special Grade respectively from the
commencement of the first full pay period following the removal of such
notation.
Provided
that an Enrolled Nurse 1st year will not progress to Enrolled Nurse 2nd year
until completion of twelve months’ service at the 1st year rate (or for part
time employees the full time equivalent of 1,982 hours), and to the 3rd year
rate until completion of twelve months’ service at the 2nd year rate (or for
part time employees the full time equivalent of 1,982 hours), and so on
throughout the scale.
(ii) Provided that a Nurse/Midwife Practitioner will not progress or
be appointed to Nurse/Midwife Practitioner Year 3 until completion of twelve
months service at the Year 2 rate and to the Thereafter rate until completion
of twelve months service at the Year 3 rate.
Accordingly, a Nurse/Midwife Practitioner cannot be appointed directly
to Nurse/Midwife Practitioner Year 3 and Thereafter.
10.
Salary Sacrifice to Superannuation
(i) Notwithstanding the salaries prescribed
in clause 9, Salaries, as varied from time to time, an employee may elect,
subject to the agreement of the employee’s employer, to sacrifice a part or all of the salary payable under the salaries clause to
additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed together with any salary packaging arrangements under clause 51,
Salary Packaging, of this award may be made up to one hundred (100) per cent of
the salary payable under the salaries clause, or up to one hundred per cent of
the currently applicable superable salary, whichever is the lesser.
In
this clause "superannuable salary" means the employee’s salary as
notified from time to time to the New South Wales public sector superannuation
trustee corporations.
(ii) Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of
available salary to be packaged. Such payroll deductions may include but are
not limited to superannuation payments, HECS payments, child support payments,
judgment debtors/garnishee orders, union fees and private health fund
membership fees.
(iii) Where the employee has elected to sacrifice a part or all of the available payable salary to additional employer
superannuation contributions:
(a) The
employee will be provided with a copy of the signed agreement. The salary
sacrifice agreement will be terminated at any time at the employee’s election
and will cease upon termination of the employee’s services with the employer.
(b) Subject
to Australian Taxation Law, the amount of salary sacrificed will reduce the
salary subject to appropriate PAYE taxation deductions by the amount
sacrificed; and
(c) Any
allowance, penalty rate, overtime, payment for unused leave entitlements,
weekly worker’s compensation, or other payment, other than any payment for
leave taken in service, to which an employee is entitled under this award or
any applicable award, act or statute which is expressed to be determined by
reference to an employee’s salary, will be calculated by reference to the
salary which would have applied to the employee under the salaries clause in
the absence of any salary sacrifice to superannuation made under this award.
(iv) The employee may elect to have the specified amount of payable
salary which is sacrificed to additional employer superannuation contributions:
(a) paid
into the superannuation scheme established under the First State
Superannuation Act 1992 (NSW) as optional employer contributions; or
(b) subject
to the employer's agreement, paid into private sector complying superannuation
scheme as employer superannuation contributions.
(v) Where
an employee elects to salary sacrifice in terms of subclause (iv) above, the
employer will pay the sacrificed amount into the relevant superannuation fund.
(vi) Where the employee is a member of a superannuation scheme
established under:
(a) the
Police Regulation (Superannuation) Act 1906 (NSW);
(b) the
Superannuation Act 1916 (NSW);
(c) the
State Authorities Superannuation Act 1987 (NSW);
(d) the
State Authorities Non-contributory Superannuation Act 1987 (NSW); or
(e) the
First State Superannuation Act 1992 (NSW).
The
employee’s employer must ensure that the amount of any additional employer
superannuation contributions specified in subclause (i)
above is included in the employee’s superannuable salary which is notified to
the New South Wales public sector superannuation trustee corporations.
(vii) Where, prior to electing to sacrifice a part or all of their
salary to superannuation, an employee had entered into an agreement with their
employer to have superannuation contributions made to a superannuation fund
other than a fund established under legislation listed in subclause (vi) above,
the employer will continue to base contributions to that fund on the salary
payable under clause 9, Salaries, of the award to the same extent as applied
before the employee sacrificed that amount of salary to superannuation. This
clause applies even though the superannuation contributions made by the
Employer may be in excess of the superannuation
guarantee requirements after the salary sacrifice is implemented.
11.
Leave for Matters Arising from Domestic and Family Violence
A. Definitions
(i) Domestic and family violence includes any
behaviour, in an intimate, family or domestic relationship, which is violent,
threatening, coercive or controlling, and which causes a person to live in
fear. It is usually manifested as part of a pattern behaviour.
(a) An
intimate relationship includes people who are or have been in an intimate
partnership whether that relationship involves or has involved a sexual
relationship or not, for example, married, engaged to be married, separated,
divorced, de facto partners, couple promised to each other under cultural or
religious tradition, or who are dating.
(b) A
family relationship has a broader definition and includes people who are
related to another through blood, marriage or de facto partnerships, adoption
and fostering relationships, sibling, and extended family relationships. It
includes the full range of kinship ties in Aboriginal and Torres Strait
Islander communities, and extended family relationships. People living in the
same house may also be in a domestic relationship if their relationships
exhibit dynamics which may foster coercive and abusive behaviours.
(c) Domestic
and family violence behaviours can include, but are not limited to:
-
physical and sexual violence
-
verbal abuse and threats
-
emotional or psychological abuse
-
financial abuse
-
social and geographical isolation
-
stalking and intimidation
-
technology facilitated abuse
-
threats or actual harm to others, pets and/or property or
-
threats to be violent in the above ways
B. Leave for Matters arising from Domestic
and Family Violence
(i) The definition of domestic and family
violence is in Part A of this clause.
(ii) Employees, including casual employees, are entitled to 20 days of
paid domestic and family violence leave in each calendar year. This leave is
not cumulative.
(iii) Paid domestic and family violence leave is not pro-rata for
part-time or casual employees.
(iv) Employees can take paid domestic and family violence leave in
part-days, single days, or consecutive days. There is not a minimum number of
hours that an employee must take in a day.
(v) Employees
experiencing domestic and family violence may take domestic and family violence
leave including for the following purposes:
(a) seeking
safe accommodation or establishing safety;
(b) attending
medical, legal, police or counselling appointments relating to their experience
of domestic and family violence;
(c) attending
court and other legal proceedings relating to their experience of domestic and
family violence;
(d) organising
alternative care or education arrangements for their children or person(s) in
their care;
(e) other
activities that will help them to establish safety and recover from their
experience of domestic and family violence; or
(f) any
other purpose associated with the impact of experiencing domestic and family
violence which is impractical to do outside of their normal hours of work.
(vi) Domestic and family violence leave does not need to be approved
before it can be accessed. However, employees should advise their employer of
the need to take domestic and family violence leave as soon as possible.
(vii) The leave entitlement can be accessed without the need to exhaust
other available leave entitlements first.
(vii) The employer should only require evidence of the occurrence of
domestic and family violence in exceptional circumstances and should use their
discretion when assessing whether evidence is needed, and if so, what type of
evidence.
(ix) Evidence of the occurrence of domestic and family violence may
include:
(a) a
document issued by the police, a court, a domestic violence support service or
a member of the legal profession;
(b) a
provisional, interim or final Apprehended Violence Order (AVO), Apprehended
Domestic Violence Order (ADVO), certificate of conviction or family law injunction;
(c) a
medical certificate;
(d) a
statutory declaration by the employee experiencing domestic and family
violence; or
(e) any
other evidence that would satisfy a reasonable person that domestic and family
violence has occurred.
(x) Evidence
provided by an employee should be sighted and must be returned to the employee.
The evidence must not be retained by the employer or stored on the employee’s
personnel file.
(xi) The intent of paid domestic and family
violence leave is to provide employees with the same remuneration as they would
have received, inclusive of penalties that would have applied, if they did not
take the leave:
(a) Full-time
and part-time employees are entitled to be paid at their full rate of pay for
the hours they would have worked had they not taken the leave.
(b) Casual
employees will be paid at their full rate of pay for the hours they were
rostered for and would have worked had they not taken the leave. For the
purposes of this clause, “Rostered” means the employer has offered specific
hours of work and the casual employee has accepted that offer.
(xii) Employers must keep personal information about domestic and
family violence (including information about support provided by the Employer)
confidential. This includes not recording instances of or information about
domestic and family violence leave on:
(a) payslips,
(b) the
employee's personnel file, or
(c) rosters.
(xiii) Any information regarding an employee’s experience of domestic or
family violence, including any domestic and family violence leave or supports
provided (under this clause or otherwise), can only be accessed by senior HR
personnel or, with the employee’s consent, a relevant senior manager.
(xiv) Employers must not take adverse action against an employee because
they:
(a) have
experienced, or are experiencing, domestic and family violence;
(b) use
the paid domestic and family violence leave provisions; or
(c) are
a casual employee who declines to take a shift they are not rostered for
because they are attending to a matter connected with domestic and family
violence at that time.
(xv) The employer will provide support to an employee experiencing
domestic and family violence, including but not limited to the provision of
flexible working arrangements, including changing working times, work
locations, telephone numbers and email addresses.
C. Leave for employees providing support to
people experiencing domestic and family violence
(i) Employees providing care and support to
a member of their family or household experiencing domestic and family violence
may, if the criteria is met, access existing leave
entitlements including:
(a) Family
and Community Service Leave (Part A of Clause 32, Family and Community Services
Leave and Personal/Carers’ Leave); or
(b) Sick
Leave to Care for the Person Concerned (Part B of Clause 32, Family and
Community Services Leave and Personal/Carers’ Leave).
(ii) The “family” or “household” member that the employee is
providing care and support to must meet the definition of these terms, as
referred to at:
(a) Family
and Community Service Leave (Part A of Clause 32, Family and Community Services
Leave and Personal/Carers’ Leave); or
(b) Sick
Leave to Care for the Person Concerned (Part B of Clause 32, Family and
Community Services Leave and Personal/Carers’ Leave).
(iii) If the employer needs to establish the reasons for an employee
accessing existing leave entitlements under these provisions, the employee may
be required to provide evidence consistent with provisions under clause 32,
Family and Community Services Leave and Personal/Carers’ Leave, of this award
or any other form of evidence that is considered acceptable by the employer
such as a statutory declaration.
(iv) Evidence provided by an employee should be sighted and must be
returned to the employee. The evidence must not be retained by the employer or
stored on the employee’s personnel file.
12.
Special Allowances
(i)
(a) A
registered nurse in charge of a public hospital of not more than 100 beds
during the day, evening or night in the absence of a senior nurse will be paid,
in addition to his or her appropriate salary, whilst so in charge, the sum as
set out in Item 1, of Table 2 of Part B per shift.
(b) This
subclause will not apply to registered nurses holding positions of a higher
grade than that of clinical nurse specialist.
(ii)
(a) An
employee required by his or her employer to be on call otherwise than as
provided in (b) and (c) hereof will be paid the sum as set out in Item 2 of
Table 2 of Part B for each hour or part thereof with a minimum payment of eight
hours at that rate.
(b) An
employee required to be on call on rostered days off in accordance with
paragraph (c) of subclause (xvii) of clause 4, Hours of Work and Free Time of
Employees Other Than Directors of Nursing and Area Managers, Nurse Education, will be paid the sum as set
out in Item 3, of Table 2 of Part B for each hour or part thereof with a
minimum payment of eight hours at that rate.
(c) An
employee who is directed to remain on call during a meal break will be paid an
allowance as set out in Item 4, of Table 2 of Part B.
(d) Where
an employee on call leaves the public hospital and is recalled to duty, he or
she will be reimbursed all reasonable fares and expenses actually incurred
provided that where an employee uses a motor car in these circumstances, the
allowance payable will be the rate prescribed from time to time by the Ministry
for a "casual" user. The provisions of this paragraph will apply to
all employees.
(iii)
(a) Where
a Director of Nursing is required by the public hospital to perform
radiographic duties he/she will be paid in addition to
his/her appropriate salary an allowance as set out in Item 5, of Table 2 of
Part B per week.
(b) The
allowance prescribed by paragraph (a) of this subclause will apply to an
employee who relieves the Director of Nursing for a period of one week or more.
(c) An
employee who is performing radiographic duties in the absence of the Director
of Nursing for a period of less than one week will be paid in addition to his
or her appropriate salary a daily allowance as set out in Item 6, of Table 2 of
Part B, provided that the maximum allowance per week payable in accordance with
this paragraph does not exceed the amount set in the said Item 6.
(d) The
allowance prescribed by this subclause will be regarded as part of the salary
for the purpose of this award.
(iv) An employee required to wear a lead apron will be paid an
allowance as set out in Item 7, of Table 2 of Part B for each hour or part
thereof that he/she is required to wear the said apron. No employee will be
required to wear a lead apron for more than one hour without being allowed a
paid break of 10 minutes.
(v) A
registered nurse who is designated to be in charge of
a ward or unit during day, evening or night shifts, when the Nursing/Midwifery
Unit Manager is not rostered for duty, will be paid an allowance as set out in
Item 8, of Table 2 of Part B per shift.
Provided that the allowance will also be paid when the Nursing/Midwifery
Unit Manager is rostered on duty if the day to day
clinical management role for the shift is delegated to a designated registered
nurse/midwife. Provided further that the
allowance will also be paid in the absence of a Nurse/Midwife Manager in
facilities where the Nurse/Midwife Manager undertakes the functions usually
carried out by a Nursing/Midwifery Unit Manager.
(vi) A registered nurse/midwife who is designated to be in-charge of
a ward or unit when the Nursing/Midwifery Unit Manager is not rostered for duty
and who is also designated to be in-charge of a public hospital of less than
100 beds during the day, evening or night on the same shift will be paid an
allowance as set out in Item 9, of Table 2 of Part B per shift. Provided that this allowance will also be
paid in facilities where the Nurse/Midwife Manager undertakes the functions
usually carried out by a Nursing/Midwifery Unit Manager.
(vii)
(a) An
employee who makes their services available and participates in an approved
roster to provide emergency telephone counselling outside their normal rostered
ordinary hours will receive the payments prescribed in paragraphs (b), (c) and
(d) of this subclause.
(b) An
employee rostered to be on call will be paid the sum as set in Item 2 of Table
2 of Part B for each hour or part thereof with a minimum payment of eight hours
at that rate. Provided that an employee
rostered on call on rostered days off will be paid the sum as set in Item 3, of
Table 2 of Part B for each hour or part thereof with a minimum payment of eight
hours at that rate.
(c) If
during such an on call period prescribed in paragraph
(b) of this subclause an employee is required to provide telephone counselling
to a client, such employee will be entitled to the following payment in
addition to the payment in the said paragraph (b):
(1) An
employee on call for telephone counselling for up to 8 hours and is required to
provide telephone counselling, such employee is to be paid one hour at ordinary
rates (excluding penalties). If an
employee receives more than one call to provide telephone counselling, no
additional payment is to be made.
(2) An
employee on call for telephone counselling for 8-16 hours and is required to
provide telephone counselling, such employee is to be paid two hours at
ordinary rates (excluding penalties). If an employee receives more than one
call to provide telephone counselling, no additional payment is to be made.
(3) An
employee on call for telephone counselling for 16-24 hours and is required to
provide telephone counselling, such employee is to be paid three hours at
ordinary rates (excluding penalties). If
an employee receives more than one call to provide telephone counselling, no
additional payment is to be made.
(d) An
employee called out during the period of on call will be entitled to the
prescriptions of clause 25, Overtime.
(viii) An Enrolled Nurse or an Enrolled Nurse without medication
qualification employed in the central sterile supply department of a public
hospital, in possession of a Sterilising Technology Certificate issued by the
Sterilising Research and Advisory Council of Australia will be paid an
allowance as set out in Item 18 of Table 2 of Part B.
(ix) A registered nurse who is designated in-charge of a public
hospital or facility of greater than 100 beds during an evening or night shift
Monday to Friday or any Saturday or Sunday shift will be paid an allowance per
shift as set out in Item 9(b), of Table 2 of Part B. This allowance will not apply to registered
nurses holding positions of a higher grade than Clinical Nurse/Midwife
Specialist Grade 2. The employer will
not use this provision on a permanent basis in place of appointing a Nurse
Manager.
13.
Continuing Education Allowance
(i) An employee employed in the
classification of Registered Nurse /Midwife (years 1 to 8), Clinical Nurse
Specialist/Clinical Midwife Specialist, Nursing/Midwifery Unit Manager,
Nurse/Midwife Manager Grade 1, Nurse/Midwife Manager Grade 2 or Nurse/Midwife Manager
Grade 3 and above (who satisfies the employer that she/he is engaged in
clinical work for more than 50% of her/his time) who holds a continuing
education qualification in a clinical field, in addition to the qualification
leading to registration, will be paid a continuing education allowance, subject
to the following conditions set out below:
(a) the
allowance is only payable where the qualification is accepted by the employer
to be directly relevant to the competency and skills used by the nurse/midwife
in the duties of the position;
(b) an
employee holding more than one relevant qualification is only entitled to one
allowance, being the allowance of the highest monetary value;
(c) the
employee claiming entitlement to a qualification allowance must provide
evidence to the employer that they hold that qualification within three months
of obtaining the qualification or within three months of commencing work in the
relevant specialty, unless exceptional circumstances prevent this.
(ii) Subject to the provisions in subclause (i)
of this clause, an employee who holds a post-registration hospital certificate
listed in Schedule 2 will be paid an allowance of an amount set out in Item 20
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(iii) Subject to the provisions in subclause (i)
of this clause, an employee who holds a post-graduate certificate will be paid
an allowance of an amount set out in Item 21 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(iv) Subject to the provisions in subclause (i)
of this clause, an employee who holds a post-graduate diploma or degree (other
than an undergraduate nursing degree) will be paid an allowance of an amount
set out in Item 22 of the said Table 2.
(v) Subject
to the provisions in subclause (i) of this clause, an
employee who holds a masters
degree or doctorate will be paid an allowance of an amount set out in Item 23
of the said Table 2.
(vi) An Enrolled Nurse or an Enrolled Nurse without medication
qualification, who holds a relevant Certificate IV or equivalent continuing
education qualification in a clinical field, or Advanced Diploma of Nursing
(Enrolled/Division 2 Nursing) in addition to the qualification leading to
enrolment, will be paid a continuing education allowance, subject to the
following conditions set out below:
(a) the
allowance is only payable where the qualification is accepted by the employer
to be directly relevant to the competency and skills used by the Enrolled Nurse
or an Enrolled Nurse without medication qualification in the duties of the position;
(b) an
employee holding more than one relevant qualification is only entitled to one
allowance, being the allowance of the highest monetary value;
(c) the
employee claiming entitlement to a qualification allowance must provide
evidence to the employer that they hold that qualification within three months
of obtaining the qualification or within three months of commencing work in the
relevant specialty, unless exceptional circumstances prevent this.
(vii) Subject to the provisions in subclause (vi) of this clause, an
Enrolled Nurse or an Enrolled Nurse without medication qualification who holds
a Certificate 4 qualification will be paid an allowance of an amount set out in
Item 24 of the said Table 2.
(viii) Subject to the provisions in subclause (vi) of this clause, an
Enrolled Nurse or an Enrolled Nurse without medication qualification who holds
an Advanced Diploma of Nursing (Enrolled/Division 2 Nursing) qualification will
be paid an allowance of an amount set out in Item 25 of the said Table 2.
(ix) A Clinical Nurse Educator/Clinical Midwife Educator who holds a
post graduate diploma, degree, masters or doctorate in education or a clinical
field in addition to the qualification leading to registration, or a Clinical
Nurse Specialist/Clinical Midwife Specialist Grade 2 who holds a post graduate
diploma, degree, masters or doctorate in a clinical field in addition to the
qualification leading to registration, will be paid a continuing education
allowance, subject to the following conditions set out below:
(a) the
allowance is only payable where the qualification is accepted by the employer
to be directly relevant to the competency and skills used by the registered
nurse/midwife in the duties of the position;
(b) an
employee holding more than one relevant qualification is only entitled to one
allowance, being the allowance of the highest monetary value;
(c) the
employee claiming entitlement to a qualification allowance must provide
evidence to the employer that they hold that qualification within three months
of obtaining the qualification or within three months of commencing work in the
relevant specialty, unless exceptional circumstances prevent this.
(x) Subject
to the provisions in subclause (ix) of this clause, a Clinical Nurse
Educator/Clinical Midwife Educator who holds a post graduate diploma, degree,
Masters or Doctorate in education or a clinical filed, or a Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 2 who holds a post graduate
diploma, degree, masters or doctorate in a clinical field, will be paid an
allowance of the relevant amount set out at either Item 22 or 23 of the said
Table 2.
(xi) The above allowances are not to be included in the employee’s
ordinary rate of pay. The allowances are payable during periods of paid leave
taken by an employee.
(xii) The continuing education allowances will be considered
salary-related allowances for the purpose of salary and salary related
allowance increases that may occur.
(xiii) Where a dispute arises concerning the eligibility for payment of a
Continuing Education Allowance that is not resolved by the process contained in
subclauses (i) to (iv) of clause 48, Disputes, of
this award negotiations between the NSW Ministry of Health and the Association
must occur prior to referral to the Industrial Relations Commission for
determination.
14.
Climatic and Isolation Allowances
(i) Subject to subclause (ii) of this
clause, persons employed in public hospitals or public health organisations in
places situated upon or to the west of a line drawn as herein specified will be
paid an allowance as set out in Item 10, of Table 2 of Part B per week, in
addition to the salary to which they are otherwise entitled. The line will be drawn as follows: commencing
at Tocumwal and thence to the following towns in the order stated - namely
Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri,
Inverell and Bonshaw.
(ii) Persons employed in public hospitals or public health
organisations in places situated upon or to the west of a line drawn as herein
specified will be paid an allowance as set out in the said Item 10 per week, 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 to the following towns in the order stated - namely, Hay, Hillston,
Nyngan, Walgett, Collarenebri and Mungindi.
(iii) 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) The allowances prescribed by this clause are not cumulative.
(v) 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 thirty eight ordinary
hours.
15.
Penalty Rates for Shift Work and Weekend Work
(i) 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%.
Afternoon
shift commencing at 1pm and before 4pm - 12.5%.
Nightshift
commencing at 4pm and before 4am - 15%.
Nightshift
commencing at 4am and before 6am - 10%.
(ii) "Ordinary rate" and "ordinary time" will
not include any percentage addition by reason of the fact that an employee
works less than 38 hours per week.
(iii) For the purpose 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) Employees whose ordinary working hours include work on a
Saturday and/or Sunday, will be paid for ordinary working hours worked between
midnight on Friday and midnight on Saturday at the rate of time and one half
and for ordinary hours worked between midnight on Saturday and midnight on
Sunday at the rate of time and three quarters. These extra rates will be in
substitution for and not cumulative upon the shift premiums prescribed in the
preceding 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 29, Part-time, Casual and Temporary Employees,
in respect of their employment between midnight on Friday and midnight on
Sunday.
(v) 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 30, Annual Leave.
(vi) This clause will not apply to Nurse/Midwife Managers classified
Grade 4 or above.
16.
Fares and Expenses
(i) An employee required to travel in the performance
of duty will be reimbursed first-class rail fares (including sleeper
accommodation) and all reasonable out-of-pocket expenses.
(ii)
(a) 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 therefrom to
the employment exceeds 40 kilometres.
(b) 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) 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 therefrom to the employment exceeds 40 kilometres and will be reimbursed
return fares to such place of engagement or to the employee's immediate
destination, whichever is the cheaper.
(iv) Subclauses (ii) and (iii) of this clause will not apply to
nurses travelling to a midwifery training school to enter upon midwifery
training or to nurses travelling to a public hospital for post-graduate
training.
(v) Fares
within the meaning of this clause will include only fares incurred in respect
of travel within New South Wales.
(vi) An employee who claims reimbursement of fares, pursuant to this
clause, must provide to the employer, if so required, satisfactory proof that
she or he has not received from another employer reimbursement in respect to
those fares.
17.
Special Rates and Conditions
(i) In addition to the rates prescribed by
clause 9, Salaries, the additional rates as set in Item 11, of Table 2 of Part
B will be payable to the undermentioned employees of the Tibooburra and Ivanhoe
District Hospitals: -
Registered
Nurses/Midwives;
All
Enrolled Nurse classifications; or
Assistants
in Nursing.
(NOTE: These additional rates are compensation for
overtime and adverse conditions.)
(ii) In addition to the annual leave prescribed by clause 30, Annual
Leave, the Director of Nursing and registered nurses at the Tibooburra District
Hospital and Ivanhoe District Hospital will be allowed seven days leave of
absence annually on full pay.
(iii) All nurses employed by the Justice Health Service, nurses
working in the Kestrel Unit, Morisset and Court Liaison Nurses employed by a
Local Health District will be paid a special environmental allowance as set out
in item 11A of Table 2 of Part B. Such allowance will be considered as salary
for all purposes of this award (including the calculation of overtime and
penalty rates).and will be adjusted from time to time in accordance with any
general wage movements in this award.
Part time and Casual employees will be paid this allowance on a pro rata
basis.
(iv) All nurses employed by the Justice Health Service will be paid a
productivity allowance as set out in item 11B of Table 2 of Part B. Such
allowance will be considered as salary for all purposes of this award
(including the calculation of overtime and penalty rates) and will be adjusted
from time to time in accordance with any general wage movements in this award.
Part time and Casual employees will be paid this allowance on a pro rata basis.
Air Ambulance Service
(v) In
addition to the weekly rate of pay prescribed by clause 9, Salaries, Flight
Nurses will receive the sum in Item 19 of Table 2 of Part B as an industry
allowance. This allowance will not form part of the normal wages in respect of
overtime, shift penalties or penalties for weekends and public holidays. This
allowance will not be payable on annual leave, long service leave or sick
leave.
(vi) Reserve Duty Allowance - A Flight Nurse required to stand by at
a country centre outside normal rostered hours will be paid one-third of the
normal hourly rate while so doing and while not engaged in actual duties.
(vii) Unscheduled Stopovers - A Flight Nurse required to remain away
from home overnight will be provided with accommodation and full board of a
reasonable standard which will be paid for by the Ambulance Service.
(viii) Each five hours during a tour of duty only, a meal allowance, as
set out in subclause (ix) below will be paid unless a meal is provided.
(ix) The allowance per meal will be the average of the allowances for
breakfast, lunch and dinner as determined by Item 19 of Table 1 of the
Department of Premier and Cabinet Circular C2022-08 Meal, Travelling and Other
Allowances for 2021-22 and 2022-23, as amended or replaced from time to
time.
Team Leader
(x) Payment
of the Team Leader allowance provided for in the Health Professionals and
Medical Salaries Award ceased to apply for employees covered by this award from
1 July 2008, except that nurses in receipt of such an allowance immediately
prior to 1 July 2008 whose salary is in advance of the applicable rate under
the NSW Health Service Health Professionals (State) Award continue to receive
that allowance while occupying their existing role.
(xi) A registered nurse responsible for the leadership, guidance and line
management of a multi-disciplinary team of health professionals in a
community-based service whose annual salary is lower than the relevant salary
set out in the NSW Health Service Health Professionals (State) Award for the
Team Leader role will for all purposes be paid the difference between their
salary and the applicable salary set out in the NSW Health Service Health
Professionals (State) Award for the relevant Team Leader classification as
follows:
(a) A
registered nurse responsible for the leadership, guidance and line management
of a multi-disciplinary team of up to five other full time equivalent health
professionals or other technical staff or support staff providing clinical
input in a community-based service will be paid the base salary applicable to
Health Professional Level 3, Year 2.
(b) A
registered nurse responsible for the leadership, guidance and line management
of a multi-disciplinary team of more than five and less than 10 other full time
equivalent health professionals or other technical staff or support staff
providing clinical input in a community-based service will be paid the base
salary applicable to Health Professional Level 4, Year 2.
(c) A
registered nurse responsible for the leadership, guidance and line management
of a multi-disciplinary team of more than 10 and less than 20 other full time
equivalent health professionals or other technical staff or support staff
providing clinical input in a community-based service will be paid the base
salary applicable to Health Professional Level 5, Year 2.
18.
Telephone Allowance
If an employee is
required by his or her employer to have a telephone installed at his or her
residence for the purposes of his or her employment, the employer will be
responsible for the payment of -
(a) the
cost of installation of the telephone
(b) three
quarters of the cost of the rental of that telephone
(c) the
cost of all official calls.
19. Work Health and Safety for Employees of
Contractors and Labour Hire Business
(i) This clause
arises from the Secure Employment Test Case 2006 (NSW). For the purposes
of this subclause, the following definitions will apply:
(a) 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.
(b) 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.
(ii) 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):
(a) consult with employees of the labour hire
business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(b) provide employees of the labour hire
business and/or contract business with appropriate work, health and safety
induction training including the appropriate training required for such
employees to perform their jobs safely;
(c) 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
(d)
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.
(iii) Nothing in this clause 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), as amended or replaced from time to time.
(iv) 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) 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), as amended or replaced from time to time, and are deemed by the
relevant State Training Authority to comply with the national standards for
Group Training Organisations established by the ANTA Ministerial Council.
20.
Mobility, Excess Fares and Travelling
For
the purpose of this clause accustomed place of work will mean the
location where an employee is regularly required to commence duty by the
employer.
(i) An employee will be required to proceed
to the accustomed place of work and return home once on each ordinary working
day or shift in the employee's own time and at the employee's own expense.
(ii)
(a) Where
an employee is directed to report for duty to a place of work other than the
employee's accustomed place of work the employee will travel to and from the
alternative place of work in the employer's time for those periods in excess of time normally taken to travel to and from the
accustomed place of work.
(b) If
the excess of travelling time on a particular day or shift is greater than the
prescribed ordinary hours of duty for the particular category
of staff for that day or shift, then the excess of hours, will be paid at the
ordinary rate of pay to the extent of the excess of travelling time.
(c) Fares
incurred by such employee in excess of the fares
normally incurred in travelling to the employee's accustomed place of work and
returning home from the accustomed place of work, will be reimbursed.
(d) Where
the employee is required to report to an alternative place of work and has the
prior approval of the employer to travel by their own mode of conveyance, the
employee will be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels
between the accustomed place of work and home. The kilometre allowance will be
as prescribed by Item 6 of Table 1 of the (ref clause 36.3) of Table 1 of the
Department of Premier and Cabinet Circular C2022-08 Meal, Travelling and Other
Allowances for 2021-22 and 2022-23, as amended or replaced from time to
time.
(iii)
(a) Where
an employer has determined that an employee or employees should report to a new
accustomed place of work on a permanent basis, the decision must be discussed
with the affected employee(s) and the local branch of the relevant union(s)
prior to notice of changed accustomed place of work being given. An employer
will only make such a determination where it is reasonable in all the
circumstances to do so.
(b) The
employer must give the employee reasonable notice of the requirement to report
to a new accustomed place of work. For the purpose of
this sub-clause, "reasonable notice" will be one calendar month prior
to the date the employee is first required to report to the new accustomed
place of work.
(c) Where
the accustomed place of work is changed on a permanent basis by the employer,
the employee will report to the new accustomed place of work on the date
specified by the employer.
(d) If
there is disagreement about such decision after such discussion or if a
significant number of employees are involved, the matter should be referred to
the Ministry of Health, which will discuss the matter with the appropriate
union(s) and will determine the date upon which notice will be given to
employee(s).
(iv)
(a) The
provision of this clause will not apply to an employee appointed to regularly
perform relief duties or to employees specifically employed to perform duties
at more than one place of work except as provided in (b) hereunder.
(b) If
a reliever incurs fares in excess of the amount as set
in Item 12 of Table 2 - Other Rates and Allowances per day in travelling to and
from the relief site, the excess will be reimbursed.
(c) Where
a reliever, with the prior approval of the employer, travels by their own mode
of conveyance and incurs travelling costs in excess of
the amount as set in Item 12 of Table 2 - Other Rates and Allowances per day to
and from the relief site, such excess will be reimbursed. The rate applicable
will be the kilometre allowance prescribed by Item 6 of Table 1 of the
Department of Premier and Cabinet Circular C2022-08 Meal, Travelling and Other
Allowances for 2021-22 and 2022-23, as amended or replaced from time to
time.
(v) No
payment will be made under this clause unless the employer is satisfied that
the employee has incurred additional expenditure in having to report to an
alternative place of work, at the direction of the employer.
(vi) Travel to an alternative place of work, either by public
transport or own mode of conveyance, must in all instances be by the most
direct route.
21.
Car Allowance
An employee who,
with the approval of the Chief Executive Officer or their nominee, uses on
official business a motor vehicle maintained primarily for other than official
business, will be paid an allowance based on the rates prescribed by Item 6 of Table 1 of the Department of Premier and Cabinet
Circular C2022-08 Meal, Travelling and Other Allowances for 2021-22 and 2022-23,
as amended or replaced from time to time.”
22.
Provision of Communication Device
An employee who is
required to visit clients away from a secure working environment will, during
the performance of such duties, be provided with a suitable and effective
communication device. The provision of this equipment is intended to improve
service delivery, together with enhancing the safety and wellbeing of the
employee.
23.
Uniform and Laundry Allowances
(i) Subject to subclause (ii) of this
clause, sufficient, suitable and serviceable uniforms, including one pair of
shoes per annum which must be of a recognised acceptable standard for the
performance of nursing duties, shall be supplied free of cost to each employee
required to wear 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) An employee, on leaving the service of an employer, must return
any uniform or part thereof supplied by that employer which is still in use
immediately prior to leaving.
(iii)
(a) In
lieu of supplying uniforms and shoes to an employee, an employer will pay the
said employee the sum as set out in Item 13 of Table 2 of Part B per week,
which includes a sum as set in the said Item 13 per week for shoes. Provided, however, that if a uniform includes
a cardigan or jacket an additional amount as set in the said Item 13 per week
will also be paid.
(b) The
allowances prescribed in this subclause continue to be payable during any
period of paid leave.
(iv)
(a) If,
in any public hospital or public health organisation, the uniforms of an
employee are not laundered at the expense of the employer, an allowance as set
out in Item 14, of Table 2 of Part B per week will be paid to the said
employee. Provided that this allowance is not payable during any period of
leave which exceeds one continuous week.
(b) This
allowance is also payable to employees providing direct clinical care and who
are not required to wear a uniform.
(v) Where
the employer requires any employee to wear headgear, the employer will provide
headgear free of charge to the employee.
(vi) Each employee whose duties regularly require them to work
outdoors will be supplied with a suitable waterproof coat, hat and overboots. Sufficient waterproof clothing will be made
available for use by other employees who in the course of their duties are
exposed to wet weather.
(vii) The Ambulance Service will provide for each employee sufficient
suitable and serviceable uniforms, including the following articles of
clothing:
(a) For
female employees:
1
Uniform Jacket
3
Culotte Mid-weight Skirts
2
Winter weight Culotte Skirts
3
Slacks
4
Blouses (2 long sleeve, 2 short sleeve)
1
Pair of Shoes
1
Handbag
1
Cardigan
1
Raincoat
1
Parka
(b) For
male employees - The equivalent items of clothing of the NSW Ambulance Service
officers' uniform will be provided.
24.
Higher Grade Duty
(i) An employee who is called upon to relieve
and does relieve an employee in a higher classification or is called upon to
act and does act in a vacant position of a higher classification for a
continuous period of at least five working days will be entitled to receive for
the period of such relief or acting, the minimum payment for such higher
classification. The employer will not
rotate the performance of higher grade duty so as to
avoid payment for performance of the higher grade duty in this manner.
(ii) Where an employee acts in a vacant management position covered
by this award continuously for more than six months, the employee will be
deemed to be appointed to that position until such time as another appointment
is made by the employer, or the employer determines that the management
position will no longer be occupied. The
employer will have appropriate regard to the sharing of acting arrangements for
developmental purposes and equitable treatment of employees, but the employer
shall not rotate duties in such a manner as to avoid the intentions of this
subclause.
25.
Overtime
(i)
(a) Subject
to paragraph (b) of this subclause an employer may require an employee to work
reasonable overtime.
(b) An
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working hours which are unreasonable.
(c) For
the purposes of paragraph (b), what is unreasonable or otherwise will be
determined having regard to:
(i) any risk to employee health and safety;
(ii) the employee’s personal circumstances including any family and
carer responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer of the overtime and by
the employee of his or her intention to refuse it; and
(v) any
other relevant matter.
(ii)
(a) Subject
to paragraph (b) of this subclause all time worked by employees 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) Employees employed pursuant to Part 1 of clause 29, Part
Time, Casual and Temporary Employees, (i.e. Permanent Part-Time Employees) will
be entitled to payment for overtime in accordance with the arrangements set out
in NSW Health Policy Directive PD2018_033 Nurses and Midwives - permanent
part-time - overtime provisions for on call roster, as amended from time to
time. Overtime 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.
(iii) 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 each time so recalled. If the work required is
completed in less than four hours, the employee will be released from duty.
(iv) In lieu of the conditions specified in subclauses (ii) and (iii)
of this clause, a nurse who works overtime may be compensated by way of time
off in lieu of overtime, subject to the following requirements:
(a) Time
off in lieu must be taken within three months of it being accrued at ordinary
rates.
(b) Where
it is not possible for a nurse to take the time off in lieu within
the three month period, it is to be paid out at the appropriate overtime rate
based on the rates of pay applying at the time payment is made.
(c) Nurses
cannot be compelled to take time off in lieu of overtime.
(d) 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 quality of service that would otherwise have been
provided had overtime been worked, is in fact provided.
(e) Records
of all time off in lieu owing to nurses and taken by nurses must be maintained.
(v) An
employee required to work overtime following on the completion of his or her
normal shift for more than two hours will be allowed twenty minutes for the
partaking of a meal and a further twenty 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 1 of clause 29, 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.
(vi) 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 twenty minutes for the partaking of a meal and
further twenty minutes after each subsequent four hours overtime; all such time
will be counted as time worked.
(vii)
(a) The meals referred to in subclause (v)
and (vi) of this clause will be allowed to the employee free of charge. Where
the employer is unable to provide such meals, or an employee so elects, an
allowance per meal as calculated hereunder will be paid to the employee
concerned.
(b) The
allowance per meal will be the average of the allowances for breakfast, lunch
and dinner as determined by Item 19 of Table 1 of the Department of Premier and
Cabinet Circular C2022-08 Meal, Travelling and Other Allowances for 2021-22 and
2022-23, as amended or replaced from time to time.
(viii) Where an employee is required to work an overtime shift on his or
her rostered day off, the appropriate meal breaks for that shift, as prescribed
by clause 4, Hours of Work and Free Time of Employees Other Than Directors of
Nursing and Area Managers, Nurse
Education, will apply.
(ix) An employee who works so much overtime:
(a) between
the termination of his or her ordinary work on any day or shift and the
commencement of his or her ordinary work on the next day or shift that he or
she has not had at least ten consecutive hours off duty between these times; or
(b) on
a Saturday, a Sunday and a holiday, not being ordinary working days, or on a
rostered day off without having had ten consecutive hours off duty in the
twenty-four hours preceding his or her ordinary commencing time on his or her
next day or shift;
will,
subject to this subclause, be released after completion of such overtime until
he or she has had ten 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 had such ten consecutive
hours off duty he or she will be paid at double rates until released from duty
for such period and he or she then will be entitled to be absent until he or
she has had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
(c) The
requirement for an employee to have at least ten consecutive hours off duty
before or after overtime will be reduced to eight hours in the following
circumstances:
(i) Where the employee and local nursing
management have agreed to an eight hour break between
each rostered shift;
(ii) Where an employee has exchanged the shift rostered before or
after the overtime period with another employee.
(d) Periods
rostered on-call or periods attracting the prescriptions of paragraph (c) of
subclause (vii) of clause 12, Special Allowances, regarding telephone
counselling are to be regarded as forming part of the ten consecutive hours off
duty pursuant to paragraphs (a) and (b) of this subclause.
(x) Where
an employee has been rostered to work overtime and is subsequently notified by
the employer with less than 24 hours notice that the
overtime has been cancelled, the employee will be entitled to payment of four
hours pay at ordinary time, i.e. at the employee's base rate of pay.
(xi) This clause will not apply to Nurse/Midwife Managers classified
at Grade 4 or above, except where all of the following
criteria are met:
(a) the
Nurse/Midwife Manager is employed in a small public hospital that does not employ
Nurse/Midwife Managers to supervise the nursing/midwifery services on evenings,
nights and/or weekends; and
(b) the
Nurse/Midwife Manager is required to work overtime due to the public hospital
having insufficient nursing/midwifery staff available to be rostered on duty at
the relevant time; and
(c) the
Nurse/Midwife Manager is required to work overtime in order
to personally provide "hands on" clinical care of patients.
26.
Escort Duty
(i) Periods during which an employee, other
than a Director of Nursing, is engaged in nursing duties, viz., in attendance
on a patient, will be paid as working time under this award. Where applicable,
overtime will be payable.
(ii) All reasonable out of pocket expenses will be reimbursed.
(iii) Rostered time will be paid as such even though an employee may
be travelling, in hotel/motel accommodation or waiting for transport.
(iv) In respect of non-rostered time not spent in nursing duties:
(a) Periods
in hotel/motel accommodation or waiting time for transport will not be counted
as working time;
(b) Periods
in travelling will count as working time.
27.
Payment and Particulars of Salaries
(i) All salaries and other payments will be
paid fortnightly provided that payment for any
overtime and/or shift penalties worked may be deferred to the pay day next
following the completion of the working cycle within which such overtime and or
shift penalties is worked, but for no longer.
Provided further that any proposal to alter the day on which wages are
to be paid or the number of days pay kept in hand by
the employer, must be the subject of consultation with the Head Office of the
Association.
(ii) 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 the employer in sufficient time to
ensure that wages are available for withdrawal by employees by no later than
payday, provided that this requirement will not apply where employees nominate
accounts with non-bank financial institutions which lack the technological or
other facilities to process salary deposits within 24 hours of the employer
making their deposits with such financial institutions but in such cases the
employer will take all reasonable steps to ensure that the wages of such
employees are available for withdrawal by no later than payday.
(iii) 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 45, Termination of Employment, will be
paid all monies due to him/her prior to ceasing duty on the last day of
employment. Where an employee is summarily dismissed or his/her services are
terminated without due notice, any monies due to him/her will be paid as soon
as possible after such dismissal or termination but, in any case not more than
three days thereafter.
(iv) On each payday an employee, in respect of the payment then due,
will be provided with a written or electronic statement containing the
following particulars; employee’s name, the amount of ordinary salary, the
total number of hours of overtime worked, if any, the amount of any overtime
payment, the amount of any other monies paid and the purpose for which they are
paid, and the amount of the deductions made from the total earnings and the
nature thereof.
(v) Underpayment
and overpayment of salaries: The
following process will apply once the issue of underpayment or overpayment is
substantiated.
(a) Underpayment:
(i) If the amount paid is equal to or
greater than one day’s gross base pay the underpayment
will be rectified within three working days;
(ii) If the amount is less than one day’s gross base pay it will be
rectified by no later than the next normal pay.
However, if the employee can demonstrate that rectification in this
manner would result in undue hardship every effort will be made by the employer
to rectify the underpayment within three working days.
(b) Overpayment
(i) In all cases where overpayments have
occurred, the employer will as soon as possible advise the employee concerned
of both the circumstances surrounding the overpayment and the amount involved.
The employer will also advise the employee of the pay period from which the
recovery of the overpayment is to commence.
(ii) One off overpayments will be recovered
in the next normal pay, except that where the employee can demonstrate that
undue hardship would result, the recovery rate will be at 10% of an employee's
gross fortnightly base pay.
(iii) Unless the employee agrees otherwise, the maximum rate at which
cumulative overpayments can be recovered is an amount, calculated on a per
fortnight basis, equivalent to 10% of the employee's gross fortnightly base
pay.
(iv) The recovery rate of 10% of an employee's gross fortnightly base
pay referred to in subparagraph (b)(iii) above may be reduced by agreement,
where the employee can demonstrate that undue hardship would result.
(v) Where
an employee's remaining period of service does not permit the full recovery of
any overpayment to be achieved on the fortnightly basis prescribed in paragraph
(b)(iii) above, the Ministry will have the right to deduct any balance of such
overpayment from monies owing to the employee on the employee's date of
termination, resignation or retirement, as the case may be.
(vi) Subject to the provisions of subparagraphs (ii) and (iii) above,
where the circumstances make it appropriate the Chief Executive of the Public
Health Organisation or delegate may exercise discretion in
regard to recovery of overpayments.
28.
Registration Pending
An employee who has
met the requirements and applied for registration as a Registered Nurse or
Enrolled Nurse will, upon registration by the Board be paid as from the date of
application for registration the salary to which she or he would have been entitled
if registered as a Registered Nurse or Enrolled Nurse.
29.
Part-Time, Casual and Temporary Employees
PART I
PERMANENT
PART-TIME EMPLOYEES
(i) A permanent part-time employee is one
who is permanently appointed by a public hospital or public health organisation
to work a specified number of hours which are less than those prescribed for a
full-time employee. Provided that employers must not utilise this provision in
a manner which has the effect of subverting the intentions of the 38-hour week
arrangements whereby full-time employees work on no more than 19 days in each 28 day roster cycle.
(ii) The number of persons employed under Part 1 of this clause will
be limited so that the proportion of a public hospital's permanent part-time
nursing workforce, expressed in full-time equivalents, will not exceed 33 1/3
per cent of the public hospital's total nursing workforce, expressed in
full-time equivalents. Provided that where the consent of the Association is
first obtained, the figure of 33 1/3 per cent permanent part-time employees may
be exceeded. Should the Association not consent to a higher percentage of
permanent part-time employees at a public hospital, resort may be had to the
dispute settling procedures provided for in clause 48, Disputes. The parties
agree that they will take account of the Government’s flexible work practices
policy.
(iii) Subject to subclause (iv) of this clause employees engaged under
Part 1 of this clause will be paid an hourly rate calculated on the basis of
one thirty-eighth of the appropriate rate prescribed by clause 9, Salaries,
with a minimum payment of two hours for each start, and one thirty-eighth of
the appropriate allowances prescribed by clause 23, Uniform and Laundry
Allowances, but will not be entitled to an additional day off or part thereof
as prescribed by subclauses (iii) and (v) of clause 4, Hours of Work and Free
Time of Employees Other Than Directors of Nursing and Area Managers, Nurse
Education.
(iv) Four weeks annual leave on ordinary pay is to be granted on
completion of each twelve months service, The provisions of subclauses (v) to
(xi) of clause 30, Annual Leave, and clause 31, Annual Leave Loading, will
apply to employees engaged under Part 1 of this clause. The remaining
provisions of clause 30, Annual Leave, will not apply.
(v) 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 his/her 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 his/her ordinary weekly rate. 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. For employees who work
less than five days per week, when a public holiday occurs on a day of the week
on which an employee regularly works, that employee will be entitled to observe
the public holiday without loss of pay, i.e. the employee’s roster must not be
changed to avoid payment of the public holiday.
(vi) To the leave prescribed by subclause (iv) of this Part 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.
(vii) For the purpose of this Part of this clause the following are to
be public holidays, viz., 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 duly proclaimed and observed as a public holiday within
the area in which the employee’s usual workplace is situated.
(viii) In addition to those public holidays prescribed in subclause (vii)
of this Part, there will be an extra public holiday each year. Such public
holiday will occur on the August Bank Holiday or a date which is determined by
the public hospital or public health organisation 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.
(ix) In this Part, ordinary pay, for the purposes of sick leave and
annual leave, will be calculated on the basis of the
average weekly ordinary hours worked over the 12 months' qualifying period.
(x) Employees
engaged under this Part 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.
(xi) Where a permanent part-time employee has been rostered to work
any additional shift and is subsequently notified by the employer with less
than 24 hours’ notice that the shift has been cancelled, the employee will be
entitled to payment of four hours pay at ordinary time, i.e. at the employee's
base rate of pay.
(xii) A part time employee may elect to increase their contracted hours
to reflect the average of the actual hours worked per fortnight in the
preceding 12 month period (except in circumstances
where the part time engagement has been specifically for the purpose of
temporarily backfilling a position where the substantive occupant has been on
extended leave). The employer will not unreasonably withhold agreement to this
request.
(xiii) A part time employee may elect to convert to full time status. The
employer will not unreasonably withhold such agreement to this request.
PART II
CASUAL
EMPLOYEES
A. General Provisions
(i) A casual employee is one engaged on an
hourly basis otherwise than as a permanent part-time or full-time employee.
(ii) A casual employee will be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate,
prescribed by clause 9, Salaries, plus 10 per centum thereof, with a minimum
payment of two hours for each start, and one thirty-eighth of the appropriate
allowances prescribed by clause 23, Uniform and Laundry Allowances.
(iii) With respect to a casual employee the provisions of clause 41,
Deputy Directors of Nursing, Assistant Directors of Nursing; clause 7, Hours of
Work and Free time of Directors of Nursing and Area Managers, Nurse Education;
clause 25, Overtime; clause 30, Annual Leave; clause 16, Fares and Expenses;
clause 20, Mobility, Excess Fares and Travelling, clause 55, Learning and
Development Leave and subclause (vii) of clause 38, Accommodation and Board,
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 4, Hours of Work and Free
Time of Employees Other Than Directors of Nursing and Area Managers, Nurse
Education.
(iv) For the entitlement to payment in respect of annual leave, see Annual Holidays Act 1944 (NSW).
(v) A
casual employee who is required to and does work on a public holiday as defined
in subclauses (iii) and (iv) of clause 30, Annual Leave, 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 10 per centum prescribed in
subclause (ii) of Part II in respect of such work.
(vi) Where a casual employee has been notified by an employer of a
time to commence an engagement and that engagement is
subsequently cancelled by the employer with less than two hours’ notice the
casual employee must be paid a minimum payment of two hours calculated at the
rate which would have applied had the cancellation not occurred.
(vii) A casual employee must not be required to work more than 12
consecutive hours unless the casual employee consents to do so.
B. Casual Conversion
(i) The objective of this subclause B,
Casual Conversion, 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. These provisions arise from the Secure Employment Test
Case 2006 (NSW).
(ii) 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 his or her ongoing contract of employment converted to permanent
full-time employment or part-time employment if the employment is to continue
beyond the conversion process prescribed by this subclause.
(iii) Every employer of such a casual employee will give the employee
notice in writing of the provisions of this sub-clause within four weeks of the
employee having attained such period of six months. However, the employee
retains his or her right of election under this subclause if the employer fails
to comply with this notice requirement.
(iv) Any casual employee who has a right to elect under paragraph
(ii), upon receiving notice under paragraph (iii) or after the expiry of the
time for giving such notice, may give four weeks’ notice in writing to the
employer that he or she seeks to elect to convert his or her ongoing contract
of employment to full-time or part-time employment, and within four weeks of
receiving such notice from the employee, the employer must 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.
(v) Any
casual employee who does not, within four weeks of receiving written notice
from the employer, elect to convert his or her ongoing contract of employment
to full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(vi) 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.
(vii) If a casual employee has elected to have his or her contract of
employment converted to full-time or part-time employment in accordance with
paragraph (iv), the employer and employee will, in accordance with this
paragraph, and subject to paragraph (iv), discuss and agree upon:
(a) whether
the employee will convert to full-time or part-time employment; and
(b) if
it is agreed that the employee will become a part-time employee, the number of
hours and the pattern of hours that will be worked either consistent with any
other part-time employment provisions of this award or pursuant to a part time
work agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW), as amended or replaced from time to time.
Provided
that an employee who has worked on a full-time basis throughout the period of
casual employment has the right to elect to convert his or her contract of
employment to full-time employment and an employee who has worked on a
part-time basis during the period of casual employment has the right to elect
to convert his or her contract of employment to part-time employment, on the
basis of the same number of hours and times of work as previously worked,
unless other arrangements are agreed between the employer and the employee.
(viii) Following an agreement being reached pursuant to paragraph (vii),
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.
(ix) An employee must not be engaged and re-engaged, dismissed or
replaced in order to avoid any obligation under this
subclause.
PART III
TEMPORARY
EMPLOYEES
(i) 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) 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 10 per centum of the rates prescribed for his or her
classification by clause 9, Salaries, of this award, provided that this
subclause will cease to apply upon:
(a) the
said period of engagement being extended after the said
period of 13 weeks;
(b) 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) For entitlement to payment in respect of annual leave, see Annual
Holidays Act 1944 (NSW).
PART IV
SAVINGS
PROVISIONS
(i) Employees engaged as part-time employees
as at 30 June 1986 will be entitled to exercise the
option of receiving the benefits of employment specified in Part 1 of this
clause or in lieu thereof the following:
(ii) Such part-time employee will be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate
prescribed by clause 9, Salaries, plus 10 per centum thereof with a minimum
payment of two hours for each start, and one thirty-eighth of the appropriate
allowance prescribed by clause 23, Uniform and Laundry Allowances.
(iii) With respect to such part-time employees, the provisions of
clause 41, Deputy Directors of Nursing, Assistant Directors of Nursing; clause
7, Hours of Work and Free Time of Directors of Nursing and Area Managers, Nurse
Education; clause 25, Overtime; clause 30, Annual Leave; clause 16, Fares and
Expenses; clause 20, Mobility, Excess Fares and Travelling and subclause (vii)
of clause 38, Accommodation and Board, of this award will not apply. Further,
part-time employees will not be entitled to an additional day off or part
thereof as prescribed by subclauses (iii) and (v) of clause 4, Hours of Work
and Free Time of Employees Other Than Director of Nursing and Area Managers,
Nurse Education.
(iv) For entitlement to payment in respect of annual leave, see Annual Holidays Act 1944 (NSW).
(v) Such
part-time employee who is required to and does work on a public holiday as
defined in subclause (iii) and (iv) of clause 30, Annual Leave, 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 part-time
employee will not be entitled to be paid in addition the allowance of 10 per
cent prescribed in subclause (ii) of this Part in respect of such work.
(vi) The provisions of subclauses (i) and
(ii) of clause 33, Long Service Leave, of this award will not apply to such
part-time employees who will be entitled to long service leave in accordance
with the provisions of the Long Service
Leave Act 1955 (NSW).
30.
Annual Leave
(i) Annual leave on full pay is to be
granted on completion of each twelve months' service as follows:
(a) Employees
required to work on a seven day basis - six weeks
annual leave.
(b) All
other employees - four weeks annual leave.
(ii)
(a) 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) To
leave prescribed by paragraph (a) of subclause (i),
there will be added one working day or one half working day for each public
holiday or half public holiday (not being one of the 10 specifically named
public holidays prescribed by subclause (iii) of this clause, or a substituted
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) A
public holiday occurring on an ordinary working day will be allowed to
employees covered by paragraph (b) of subclause (i)
on full 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
his/her 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 his/her ordinary weekly rate. 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.
(d) Where
a public holiday falls on a rostered day off of a shift worker as defined in
clause 3, Definitions, and who receives four weeks annual leave in accordance
with paragraph (b) of subclause (i) of this clause,
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.
(e) To
the leave prescribed by paragraph (b) of subclause (i)
there will be added one working day for each public holiday or one half working
day of each 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 shift worker referred to in paragraph (d) of this subclause the provisions
of this paragraph will apply to any public holiday falling during the period of
annual leave.
(iii) For the purpose of this subclause the following are to be public
holidays viz., 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 duly proclaimed and observed as a public holiday within
the area in which the employee’s usual workplace is situated.
(iv) In addition to those public holidays prescribed in subclause
(iii) of this clause, employees are entitled to an extra public holiday each
year. Such public holiday will occur on
a day in the Christmas-New Year period as determined by the employer following
consultation with the Association, or other suitable day as agreed between the
employer and the Association. Such
public holiday will be regarded for all purposes of this clause as any other
public holiday. This subclause will
apply in substitution for any additional local public holiday or half public
holiday proclaimed in a local government area.
(v) 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.
(vi) 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 two,
three, or four separate periods but not otherwise. Provided that up to five single days per year
may be taken at times convenient to both the employer and the employee.
(vii)
(a) 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) 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) The
employer should give each employee, where practicable, three months notice of the date upon which he or she will enter
upon leave and in any event, such notice must not be less than 28 days.
(viii)
(a) Each
employee before going on leave will be paid for the period of the leave at the
ordinary rate of salary to which he or she is entitled under this award.
(b) For
the purpose of this subclause "ordinary rate of salary" means the
award salary without any deduction for accommodation and/or board, provided
that the employer is entitled to make such deduction for accommodation as is
authorised by clause 38, Accommodation and Board, of this award, if the
employee, having been requested by the employer to leave his or her room
completely vacant during the period of annual leave, fails to do so.
(c) An
employee to whom paragraph (a) of subclause (i)
applies will be paid during the first 28 consecutive days whilst on annual
leave his or her ordinary rate of salary plus shift allowances and weekend
penalties relating to ordinary time the employee would have worked if he or she
had not been on annual leave. Additional annual leave accrued under subclause
(xi) attracts shift allowances and weekend penalties relating to ordinary time
the employee would have worked if he or she 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) and subclause (iv) of this clause.
(ix) Except as provided in subclause (x) and (xi) of this clause
payment for annual leave will not be made or accepted in lieu of annual leave.
(x) 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 (6/46ths in respect of employees
rostered to work on a seven day basis) of his or her ordinary pay for that
period of employment together with payment for any days added to annual leave
in accordance with subclause (ii) of this clause and in calculating such
payment no deduction is to be made for accommodation or board. Provided that
this subclause will not apply to an employee who elects to transfer his or her
leave entitlement in accordance with NSW Health Policy Directive PD2023_006
Leave Matters for the NSW Health Service, as amended from time to time.
(xi)
(a) In
addition to the leave prescribed by subclause (i)
employees who work their ordinary hours on Sundays and/or public holidays are
entitled to receive additional annual leave as follows:
|
Number of ordinary shifts worked on
Sundays and/or public holidays during qualifying period of employment for
annual leave purposes
|
Additional Annual Leave
|
|
4 to 10
|
1 day
|
|
11 to 17
|
2 days
|
|
18 to 24
|
3 days
|
|
25 to 31
|
4 days
|
|
32 or more
|
5 days
|
(b) An
employee entitled to additional annual leave under subclauses 30(i)(a), 30(xi)(a) or 17(ii) can elect at any time to be paid
an amount equivalent to the value of accrued additional annual leave in lieu of
taking the additional leave, provided also that salary for the period of
additional leave paid out will be calculated as if the period of leave paid was
actually taken.
(c) On
termination of employment, employees are to be paid for 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 leave due in accordance with subclause
(x). Provided that this subclause will
not apply to an employee who elects to transfer his or her leave entitlement in
accordance with NSW Health Policy Directive PD2023_006 Leave Matters for the
NSW Health Service, as amended from time to time.
31.
Annual Leave Loading
Employees will be
paid an annual leave loading in accordance with NSW Health Policy Directive
PD2023_006 Leave Matters for the NSW Health Service, as amended from time to
time.
32.
Family and Community Services Leave and Personal/Carers’ Leave
(i) Family and Community Services (‘FACS’)
Leave and Personal/Carer’s Leave are separate, stand alone entitlements.
(ii) FACS Leave and Personal/Carer’s Leave are available to all part
time and full time employees covered by this award in
accordance with Parts A, B and D of this clause.
(iii) FACS Leave and Personal/Carer’s Leave are available to all
casual employees covered by this award in accordance with Part C of this
clause.
A. FACS Leave
(iv) FACS leave - general
(a) For
the purpose of this clause relating to FACS Leave:
"relative"
means a person related by blood, marriage or affinity;
"affinity"
means a relationship that one spouse because of marriage has
to blood relatives of the other; and
"household"
means a family group living in the same domestic dwelling.
(b) The
appropriate Chief Executive or authorised delegate may grant FACS Leave to an
employee:
(1) to
provide care and/or support for sick members of the employee’s relatives or
household; or
(2) for
reasons related to the family responsibilities of the employee (e.g. to arrange
and or attend a funeral of a relative; to accompany a relative to a medical
appointment where there is an element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(3) for
reasons related to the performance of community service by the employee (e.g.
in matters relating to citizenship; to office holders in local government,
other than as a mayor, for attendance at meetings, conferences or other
associated duties; representing Australia or the State in major amateur sport
other than in Olympic/Commonwealth Games); or
(4) in
a case of pressing necessity (e.g. where an employee is unable to attend work
because of adverse weather conditions which either prevent attendance or
threaten life or property; the illness of a relative;
where a child carer is unable to look after their charge).
(v) FACS
Leave replaces Compassionate Leave.
(vi) An employee is not to be granted FACS Leave for attendance at
court to answer a criminal charge, unless the Chief Executive or authorised
delegate approves the grant of leave in the particular case.
Applications
for FACS Leave to attend court, for reasons other than criminal charges, will
be assessed on an individual basis.
The
use of FACS leave to attend court pursuant to clause 11, Leave for Matters
arising from Family Violence, of this award, will be governed by the provisions
of that clause.
(vii) FACS leave - entitlement
(a) The
maximum amount of FACS Leave on full pay that may be granted to an employee is:
-
3 working days during the first year of service, commencing on and from 1
January 1995, and thereafter 6 working days in any period of 2 years; or
-
1 working day, on a cumulative basis effective from 1 January 1995, for each
year of service after 2 years’ continuous service, minus any period of FACS
Leave already taken by the employee since 1 January 1995,
whichever
method provides the greater entitlement.
(b) For
the purposes of calculating entitlement, a working day for employees working an
average of 38 hours per week in each roster cycle will be deemed to consist of
8 hours. The rate at which FACS Leave is
paid out and utilised will be on actual hours absent from the rostered shift.
(c) FACS
Leave is available to part-time employees on a pro rata basis.
(viii) Additional FACS leave for bereavement purposes
Where
FACS leave has been exhausted, additional FACS leave of up to 2 days for
bereavement may be granted on a discrete, "per occasion" basis to an
employee on the death of a relative or member of a household as defined in
paragraph (iv)(a) of this clause.
(ix) Use of other leave entitlements
The
appropriate Chief Executive or authorised delegate may grant an employee other
leave entitlements for reasons related to family responsibilities, or community
service, by the employee.
An
employee may elect, with the consent of the employer, to take annual leave;
long service leave; or leave without pay.
B. Personal/Carer’s Leave
(x) Use
of sick leave to care for the person concerned - definitions
A
person who needs the employee’s care and support is referred to as the
"person concerned" and is:
(a) a
spouse of the employee; or
(b) a
de facto spouse, who, in relation to a person, is a person of the opposite sex
to the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
(c) a
child or an adult child (including an adopted child, a step
child, a foster child or an ex nuptial child), parent (including a
foster parent and legal guardian), grandparent, grandchild or sibling of the
employee or spouse or de facto spouse of the employee; or
(d) a
same sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
(e) a
relative of the employee who is a member of the same household, where for the
purpose of this clause relating to Personal/Carer’s Leave:
"relative"
means a person related by blood, marriage or affinity;
"affinity"
means a relationship that one spouse because of marriage has
to blood relatives of the other; and
"household"
means a family group living in the same domestic dwelling.
(xi) Use of sick leave to care for the person concerned - entitlement
(a) The
entitlement to use sick leave in accordance with this subclause is subject to
the employee being responsible for the care and support of the person
concerned; and the person concerned being as defined in subclause (x) of this
clause.
(b) An
employee covered by the provisions of this clause with responsibilities in
relation to a person who needs their care and support will be entitled to use
the untaken sick leave, from that year’s annual sick leave entitlement, to
provide care and support for such persons when they are ill.
(c) Sick
leave accumulates from year to year. In addition to the current year’s grant of
sick leave available under (b) above, sick leave untaken from the previous
three years may also be accessed by an employee with responsibilities in
relation to a person who needs their care and support.
(d) The
Chief Executive or authorised delegate may, in special circumstances, make a
grant of additional sick leave. This grant can only be taken from sick leave
untaken prior to the period referred to in paragraph (c) above.
(e) The
employee must, if required, establish either by production of a medical
certificate or statutory declaration, that the illness of the person concerned
is such as to require care by another person.
(f) The
employee has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
(g) The
employee is not required to state the exact nature of the relevant illness on
either a medical certificate or statutory declaration.
(h) The
employee should, wherever practicable, give the employer notice prior to the
absence of the intention to take leave, the name of the person requiring care
and that person’s relationship to the employee, the reasons for taking such
leave and the estimated length of absence. If it is not practicable for the
employee to give prior notice of absence, the employee may notify the employer
by telephone of such absence at the first opportunity on the day of absence.
(i) In normal circumstances, the employee
must not take leave under this subclause where another person has taken leave
to care for the same person.
(xii) Use of other leave entitlements
An
employee may elect, with the consent of the employer, to take:
(a) annual
leave, including annual leave not exceeding ten days in single-day periods, or
part thereof, in any calendar year at a time or times agreed by the parties. An
employee and employer may agree to defer payment of the annual leave loading in
respect of single day absences until at least five consecutive annual leave
days are taken.
(b) 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;
(c) long
service leave; or
(d) leave
without pay for the purpose of providing care and support to the person
concerned as defined in subclause (x) above.
C. Casual Employee Entitlements
(xiii) Bereavement entitlements for casual employees
(a) Casual
employees are entitled to not be available to attend work, or to leave work
upon the death in Australia of a person prescribed in paragraph (iv)(a) of this
clause.
(b) The
employer and the employee should agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(c) An
employer must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not engage a casual employee are otherwise not affected.
(xiv) Personal carers entitlement for casual employees
(a) Subject
to the evidentiary and notice requirements in paragraphs (xi)(e)-(h) 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 (x) of this clause who
is sick and requires care and support, or who require care due to an unexpected
emergency or the birth of a child.
(b) The
employer and the employee should agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(c) An
employer must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of an
employer to engage or not to engage a casual employee are otherwise not
affected.
D. Flexible Work Practice Alternatives to
Using FACS or Personal/Carer’s Leave
(xv) Time off in lieu of payment of overtime to care for the person
concerned
(a) An
employee may elect, with the consent of the employer, to take time off in lieu
of payment of overtime at a time or times agreed with the employer within 12
months of the said election, to care for the person concerned, as defined in
subclause (x) above.
(b) Overtime
taken as time off during ordinary time will be taken at the ordinary time rate,
that is, one hour off for each hour of overtime worked.
(c) If,
having elected to take time as leave in accordance with (xv)(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates will be made at the expiry of the twelve month
period from the date the overtime was worked, or earlier by agreement, or on
termination.
(d) Where
no election is made in accordance with paragraph (xv)(a) above, the employee
will be paid overtime rates in accordance with the provisions of clause 25,
Overtime.
(xvi) Use of make-up time
(a) An
employee may elect, with the consent of the employer, to work "make-up
time". "Make-up time" is worked when the employee takes time off
during ordinary hours for family or community service responsibilities, and
works those hours at another time, during the spread of ordinary hours provided
for in clauses 4, 5 and 7 of this award, at the
ordinary rate of pay.
(b) An
employee on shift work may elect, with the consent of the employer, to work
"make-up time" (under which the employee takes time off during
ordinary hours and works those hours at another time) at the applicable shift
work rate under clause 15, Penalty
Rates for Shift Work and Weekend Work, of this award to the hours taken
off.
33.
Long Service Leave
(i)
(a) Each
employee will be entitled to two months long service leave
on full pay after ten years’ service; thereafter additional long service leave
will accrue on the basis of five months long service leave on full pay for each
ten years’ service.
Employees
with at least seven years’ service are entitled, proportionate to their length
of service, to a period of long service leave on the basis of
two months’ long service leave for ten years’ service on full pay.
(b) Where
the services of an employee with at least five years’ service and less than
seven years’ service are terminated by the employer for any reason other than
the employee’s serious and wilful misconduct, or by the employee, on account of
illness, incapacity or domestic or other pressing necessity, he/she will be
entitled to be paid a proportionate amount for long service leave on the basis
of two months’ long service leave for ten years’ service.
Where
the services of an employee with at least seven years’ service are terminated
by the employer or by the employee, he or she will be entitled to be paid a
proportionate amount for long service leave on the basis of
two months' long service leave for ten years’ service.
(ii) For the purposes of subclause (i) of
this clause -
(a) "Service"
will mean service:
(1) as
a full time and/or permanent part time employee in one or more hospitals,
public health organisations, Local Health Districts or former NSW Area Health
Services; and
(2) as
a full time and/or permanent part time employee with any "government
sector agency" (as defined by Schedule 2 of the Government Sector
Employment Regulation 2014 (NSW), as amended from time to time, hereafter
referred to as "the GSER") or any "Commonwealth or interstate
agency" (as defined by Schedule 2 of the GSER as amended from time to
time). In these instances, such service must meet the relevant provisions of
transfer prescribed in the GSER for such service.
(b) Service
will not include -
(1) any
period of leave without pay except in the case of
employees who have completed at least ten years’ service (any period of absence
without pay being excluded therefrom) in which case service will include any
period of leave without pay not exceeding six months taken after 12 March 1975;
(2) any
period of part-time service arising from service under Part IV, Savings
Provisions, of clause 29, Part-time Casual and Temporary Employees, except as
provided for in subclause (x).
(iii) An employee with an entitlement to long service leave, may elect
to access their entitlement:
(a) on
full pay, or
(b) on
half pay, or
(c) on
double pay.
(iv) When an employee elects to access their long service leave
entitlement the following amounts of long service leave are to be deducted from
the employee’s long service leave entitlement:
(a) for
each period of long service leave taken on full pay - the number of days so
taken,
(b) for
each period of long service leave taken on half pay - half the number of days
so taken,
(c) for
each period of long service leave taken on double pay - twice the number of
days so taken. This election is made on the basis that superannuation
contributions for an employee who is a member of the State Authorities
Superannuation Scheme or the State Superannuation
Scheme will only be made for the period of the long service leave actually
taken, i.e. contributions will be made at the single time rate.
It
is emphasised that the accessing of long service leave
on the basis of either (a), (b) or (c) above is made by the employee’s
voluntary election.
(v) When
an employee elects to access their long service leave entitlement, other leave
entitlements will accrue as follows:
(a) for
each period of long service leave taken on full pay - all other leave
entitlements accrue at the employee’s ordinary rate.
(b) for
each period of long service leave taken on double pay - all other leave
entitlements accrue at the employee’s ordinary rate.
(c) for
each period of long service leave taken on half pay - annual leave entitlements
accrue at half the employee’s ordinary rate while all other leave entitlements
accrue at the employee’s ordinary rate.
(d) This
subclause will apply to new periods of Long Service Leave taken after 23
February 2011.
(vi) If a public holiday occurs while an employee is taking long
service leave, and but for the taking of the long service leave the employee
would have worked, the amount of long service leave to
be deducted is to be reduced by the public holiday.
(vii) Long service leave will be taken at a time mutually arranged
between the employer and employee.
(viii) When a licensed private hospital becomes a public hospital and an
employee of the private hospital thereupon is employed by the public hospital
such employee, for the purpose of calculating service for long service leave
will be deemed to have served in the industry of nursing for a period equal to
75 per cent of the actual continuous service with the employer in the private
hospital immediately prior to the hospital becoming a public hospital.
(ix) Full pay will mean the award salary without any deduction for
accommodation and/or board; provided that an employer will be entitled to make
such deduction for accommodation as is authorised by clause 38, Accommodation
and Board, if the employee having been requested by the employer to leave his
or her room completely vacant during the period of long service leave, fails to
do so.
(x)
(a) On
the termination of employment of an employee otherwise than by his or her
death, an employer will pay to the employee the monetary value of all long
service leave accrued and not taken at the date of such termination, unless the
employee elects to transfer his or her leave entitlement in accordance with NSW
Health Policy Directive PD2023_006 Leave Matters for the NSW Health Service, as
amended from time to time.
(b) Where
an employee who has acquired a right to long service leave, or after having had
five years of service and less than ten years’ service, dies, the partner of
such employee or if there is no such partner the child/children of such
employee (or guardian such as the case may be) or the legal personal
representative of such employee, will be entitled to receive the monetary value
of the leave not taken or which would have accrued to such employee had his or
her services been terminated as referred to in paragraph (b) of subclause (i) of this clause and such monetary value will be
determined according to the salary payable to the employee at the time of his
or her death. For the purposes of this subclause, the term ‘partner’ means a
spouse or a de facto partner (including a same sex de facto partner); and
'child/children' means a child or an adult child (including adopted child, step child, foster child or ex nuptial child)
(xi) An employee will be entitled to have previous part-time service which
is the equivalent of at least two full days' duty per week taken into account
for long service leave purposes in conjunction with full-time or permanent
part-time service on the basis of the proportion that the actual number of
hours worked each week bears to 38 hours, provided that the part-time service
merges without break with the subsequent full-time or permanent part-time
service.
(xii) All employees employed under Part I - Permanent Part-Time
Employees of clause 29, Part-Time, Casual and Temporary Employees of this
award, will have such service counted for accrual of long service leave
entitlement after 30 June 1986. Such service will include the average of all
hours worked (excluding overtime) in each year of service or part thereof and
include paid leave taken; in any year or part thereof in which leave without
pay is taken, the period of leave without pay will not be included for the
purposes of the averaging calculation.
This
calculation will be carried out for each year of service on the employee’s
anniversary date of employment, and an appropriate entry made into the
employees' records.
However,
in recognition that data on the number of hours worked (excluding overtime) may
not exist for all the periods of service after 30 June 1986, if there is a lack
of data the employer is to calculate the long service leave entitlement as
follows:
(a) In
the first instance, Health Services should utilise all existing records to
determine the average of all hours worked (excluding overtime) and including
paid leave taken for each year of service;
(b) If
the data to determine the number of hours worked (excluding overtime) is not
available prior to the employee’s 2000/2001 anniversary date, Health Services
are to calculate the long service leave entitlement on the
basis of the average of all hours worked (excluding overtime) in each
year of service, and including paid leave taken since the employee’s 2000/2001
anniversary date.
The
resultant average of hours worked per week from application of (a) or (b) above
will then be applied over the employee’s total period of employment after 30 June, 1986 for which data does not exist to form the basis
for calculating payment for the long service leave to be taken by the employee
for this period. In this situation the
employer will consult with the employee regarding the lack of data prior to
making a final decision that the data does not exist. In any event, for the
purpose of this calculation the resultant average of all hours worked is to be
no less than the employee’s contracted hours for each year of service.
Entitlement
and calculation for any period of employment prior to 30 June 1986 will be
determined according to subclause (xi) of this clause.
(xiii) Except as provided for in subclause (xiv) of this clause, rights
to long service leave under this clause will be in replacement of rights to
long service leave, if any, which at 12 March 1975,
may have accrued or may be accruing to an employee and will apply only to
persons in the employ of the employer on or after 12 March 1975. Where an
employee has been granted long service leave or has been paid its monetary
value prior to 12 March, 1975, the employer will be
entitled to debit such leave against any leave to which the employee may be
entitled pursuant to this clause.
(xiv) The following provisions apply only to employees employed in a
hospital as at 12 March 1975:
(a) An
employee who -
(i) has had service in a hospital, to which
clause 14, Climatic and Isolation Allowances, applies, prior to 12 March 1975,
or
(ii) is employed in a hospital, to which clause 14, Climatic and
Isolation Allowances, applies as at 12 March 1975:
will
be granted long service leave in accordance with the long service leave
provisions in force prior to 12 March 1975, in lieu of the provisions provided
by this award where such benefits are more favourable to the employee.
(b) An
employee employed -
(i) on a part time basis as at 12 March 1975, may be allowed long service leave in
accordance with the long service leave provisions in force prior to 12 March
1975, in lieu of the provisions of the Long
Service Leave Act 1955
(NSW), as provided for in subclause (x) of this clause;
(ii) on a full time basis as at 12 March
1975 but who has had prior part time service may be allowed to continue to be
granted long service leave in accordance with the long service leave provisions
in force prior to 12 March 1975, in lieu of the provisions provided by this
award where such benefits are more favourable to the employee.
(xv) Employees employed under Part II - Casual Employees, Part III -
Temporary Employees and Part IV - Savings Provisions of clause 29, Part Time,
Casual, and Temporary Employees, are entitled to accrue long service leave
under the provisions of the Long Service
Leave Act 1955 (NSW), as
amended, subject to meeting the provisions of that Act.
34.
Maternity, Adoption and Parental Leave
(i) All eligible employees covered by this
award are entitled to the provisions of this clause other than part time
employees who receive a part time loading as prescribed by Part IV - Savings
Provisions of clause 29, Part-time,
Casual and Temporary Employees, of this award (known as "old part
time"), and casual employees.
(ii) Part time employees who receive a part time loading as
prescribed by Part IV - Savings Provisions of clause 29, Part-time, Casual and Temporary Employees,
of this award (known as "old part time") and casual employees are
entitled to parental leave in accordance with the provisions of Chapter 2, Part
4, Parental Leave, of the Industrial
Relations Act 1996
(NSW). The following provisions will
also apply in addition to those set out in the Industrial Relations Act
1996 (NSW), as amended or replaced from time to time.
(a) An
employer must not fail to re-engage a regular casual employee (see section 53
(2) of the Act) because:
-
the employee or employee's spouse is pregnant; or
-
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.
(b) Part
time employees who receive a part time loading as prescribed by Part IV -
Savings Provisions of clause 29, Part-time,
Casual and Temporary Employees, of this award are entitled to the
provisions of Part D, Right to Request and Part E, Communication During Leave
of this clause.
(iii) Liability for Superannuation Contributions
During
a period of unpaid maternity, adoption or parental leave, the employee will not
be required to meet the employer's superannuation liability.
A. Maternity
Leave
(i) Eligibility for Paid Maternity Leave -
To
be eligible for paid maternity leave a full time or permanent part time
employee must have completed at least 40 weeks continuous service prior to the
expected date of birth.
An
employee who has once met the conditions for paid maternity leave will not be
required to work again the 40 weeks continuous service in order to qualify for
a further period of paid maternity leave, unless;
(a) there
has been a break in service where the employee has been re-employed or
re-appointed after a resignation, medical retirement, or after her services
have been otherwise dispensed with; or
(b) the
employee has completed a period of leave without pay of more than 40 weeks. In
this context, leave without pay does not include sick leave without pay,
maternity leave without pay, or leave without pay
associated with an illness or injury compensable under the Workers' Compensation Act 1987
(NSW).
(ii) Portability of Service for Paid Maternity Leave -
Portability
of service for paid maternity leave involves the recognition of service in
government sector organisations for the purpose of determining an employee's
eligibility to receive paid maternity leave. For example, where an employee
moves between a government sector department and a public hospital, previous
continuous service will be counted towards the service prerequisite for paid
maternity leave.
When
determining an employee's eligibility for paid maternity leave, continuous service
with an organisation that is part of the government sector service as defined
in the Government Sector Employment Act will be recognised, provided that:
(a) service
was on a full-time or permanent part-time basis;
(b) cessation
of service with the former employer was not by reason of dismissal on any
ground, except retrenchment or reduction of work;
(c) the
employee commences duty with the new employer on the next working day after
ceasing employment with the former employer (there may be a break in service of
up to two months before commencing duty with the new employer provided that the
new position was secured before ceasing duty with the former employer. However,
such a break in service will not be counted as service for the purpose of
calculating any prior service prerequisite for paid maternity leave.
(iii) Entitlement to Paid Maternity Leave -
(a) An
eligible employee is entitled to fourteen weeks at the ordinary rate of pay
from the date maternity leave commences. This leave may commence up to fourteen
weeks prior to the expected date of birth.
It
is not compulsory for an employee to take this period off work. However, if an
employee decides to work during the nine weeks prior to the expected date of
birth it is subject to the employee being able to perform satisfactorily the
full range of normal duties.
Paid
maternity leave may be paid:
-
on a normal fortnightly basis; or
-
in advance in a lump sum; or
-
at the rate of half pay over a period of twenty-eight weeks on a regular
fortnightly basis.
Annual
and/or long service leave credits can be combined with periods of maternity
leave on half pay to enable an employee to remain on full pay for that period.
(iv) Unpaid Maternity Leave
(a) Full
time and permanent part time employees who are entitled to paid maternity leave
are entitled to a further period of unpaid maternity leave of not more than 12
months after the actual date of birth.
(b) Full
time and permanent part time employees who are not eligible for paid maternity
leave are entitled to unpaid maternity leave of not more than 12 months.
(c) Full
time and permanent part time employees may also apply for additional unpaid
maternity leave as provided for in subclause (i)(b)
of Part D, Right to Request, of this clause.
(v) Applications
-
An
employee who intends to proceed on maternity leave should formally notify her
employer of such intention as early as possible, so that arrangements
associated with her absence can be made.
Written
notice of not less than eight weeks prior to the commencement of the leave
should accordingly be given. This notice must include a medical certificate
stating the expected date of birth and should also indicate the period of leave
desired.
(vi) Variation after Commencement of Leave -
After
commencing maternity leave, an employee may vary the period of her maternity
leave, once without the consent of her employer and otherwise with the consent
of her employer. A minimum of fourteen days’ notice must be given, although an
employer may accept less notice if convenient.
The
conditions relating to variation of maternity leave are derived from Section 64
of the Industrial Relations Act 1996 (NSW).
(vii) Staffing Provisions -
In
accordance with obligations established by the Section 69 of the Industrial Relations Act 1996 (NSW), any person who occupies
the position of an employee on maternity leave must be informed that the
employee has the right to return to her former position. Additionally, since an
employee has the right to vary the period of her maternity leave, offers of
temporary employment should be in writing, stating clearly the temporary nature
of the contract of employment. The duration of employment should be also set
down clearly; to a fixed date or until the employee elects to return to duty,
whichever occurs first.
(viii) Effect of Maternity Leave on Accrual of Leave, Increments etc.
When
the employee has resumed duties, any period of full pay leave is counted in
full for the accrual of annual leave, sick leave and long service leave and any
period of maternity leave on half pay is taken into account
to the extent of one half thereof when determining the accrual of annual leave,
sick leave and long service leave.
Except
in the case of employees who have completed ten years' service the period of
maternity leave without pay does not count as service for long service leave
purposes. Where the employee has
completed ten years' service, the period of maternity leave without pay will
count as service provided such leave does not exceed six months.
Maternity
leave without pay does not count as service for incremental purposes. Periods
of maternity leave at full pay and at half pay are to be regarded as service
for incremental progression on a pro-rata basis.
Where
public holidays occur during the period of paid maternity leave, payment is at
the rate of maternity leave received i.e., public holidays occurring in a
period of full pay maternity leave are paid at full rate and those occurring
during a period of half pay leave are paid at half rate.
(ix) Illness Associated with Pregnancy -
If,
because of an illness associated with her pregnancy an employee is unable to
continue to work then she can elect to use any available paid leave (sick,
annual and/or long service leave) or to take sick leave without pay.
Where
an employee is entitled to paid maternity leave, but because of illness, is on
sick, annual, long service leave, or sick leave without pay prior to the birth,
such leave ceases nine weeks prior to the expected date of birth. The employee
then commences maternity leave with the normal provisions applying.
(x) Transfer
to a More Suitable Position -
Where,
because of an illness or risk associated with her pregnancy, an employee cannot
carry out the duties of her position, an employer is obliged, as far as
practicable, to provide employment in some other position that she is able to
satisfactorily perform. This obligation arises from section 70 of the Industrial Relations Act 1996 (NSW). A position to which an
employee is transferred under these circumstances must be as close as possible
in status and salary to her substantive position.
(xi) Miscarriages -
In
the event of a miscarriage any absence from work is to be covered by the
current sick leave provisions
(xii) Stillbirth -
In
the case of a stillbirth, (as classified by the Registry of Births, Deaths and
Marriages) an employee may elect to take sick leave, subject to production of a
medical certificate, or maternity leave.
She may resume duty at any time provided she produces a doctor's
certificate as to her fitness.
(xiii) Effect of Premature Birth on Payment of Maternity Leave -
An
employee who gives birth prematurely and prior to proceeding on maternity leave
will be treated as being on maternity leave from the date leave is commenced to
have the child. Should an employee
return to duty during the period of paid maternity leave, such paid leave
ceases from the date duties are resumed.
(xiv) Right to Return to Previous Position -
In
accordance with the obligations set out in Section 66 of the Industrial Relations Act 1996 (NSW) an employee returning
from maternity leave has the right to resume her former position.
Where
this position no longer exists, the employee is entitled to be placed in a
position nearest in status and salary to that of her former position and for
which the employee is capable or qualified.
(xv) Further Pregnancy While on Maternity Leave -
Where
an employee becomes pregnant whilst on maternity leave a further period of
maternity leave will be granted. If an
employee enters on the subsequent period of maternity leave during the currency
of the initial period of maternity leave, then any residual maternity leave
from the initial entitlement ceases.
An
employee who commences a subsequent period of maternity leave while on unpaid
maternity leave under paragraph (iv)(a) of Part A of this clause or paragraph (i)(b) of Part D of this clause is entitled to be paid at
their normal rate (i.e. the rate at which they were paid before proceeding on
maternity leave).
An
employee who commences a subsequent period of maternity leave during the first
12 months of a return to duty for less than full time hours as provided under
paragraph (i)(c) of Part D of this clause is entitled
to be paid at their substantive full time rate for the
subsequent period of maternity leave.
An
employee who commences a subsequent period of maternity leave more than 12
months after returning to duty for less than full time hours under paragraph (i)(c) of Part D of this clause, will be entitled to paid
maternity leave for the subsequent period of maternity leave at their part time
rate.
B. Adoption
Leave
(i) Eligibility -
All
full time and permanent part time employees who are adopting a child and are to
be the primary care giver of the child are eligible for unpaid adoption leave.
To
be eligible for paid adoption leave a full time or permanent part time employee
must also have completed at least 40 weeks continuous service prior to the date
of taking custody of the child.
An
employee who has once met the conditions of paid adoption leave, will not be
required to again work the 40 weeks continuous service in order to qualify for
further periods of paid adoption leave, unless;
(a) there
has been a break in service where the employee has been re-employed or
re-appointed after a resignation, medical retirement, or after their services
have been otherwise dispensed with; or
(b) the
employee has completed a period of leave without pay of more than 40 weeks. In
this context, leave without pay does not include sick leave without pay,
maternity leave without pay, or leave without pay
associated with an illness or injury compensable under the Workers Compensation Act 1987
(NSW).
(ii) Entitlement -
(a) Paid
Adoption Leave -
Eligible
employees are entitled to paid adoption leave of fourteen weeks at the ordinary
rate of pay from and including the date of taking custody of the child.
Paid
adoption leave may be paid: -
-
on a normal fortnightly basis; or
-
in advance in a lump sum; or
-
at the rate of half pay over a period of twenty-eight weeks on a regular
fortnightly basis.
Annual
and/or long service leave credits can be combined with periods of adoption
leave at half pay to enable an employee to remain on full pay for that period.
(b) Unpaid
Adoption Leave -
Eligible
employees are entitled to unpaid adoption leave as follows:
-
where the child is under the age of 12 months - a period of not more than 12
months from the date of taking custody;
-
where the child is over the age of 12 months - a period of up to 12 months,
such period to be agreed upon by both the employee and the employer.
(iii) Applications -
Due to the fact that an employee may be given little notice
of the date of taking custody of a child, employees who believe that, in the
reasonably near future, they will take custody of a child, should formally
notify the employer as early as practicable of the intention to take adoption
leave. This will allow arrangements associated with the adoption leave to be
made.
(iv) Variation after Commencement of Leave -
After
commencing adoption leave, an employee may vary the period of leave, once
without the consent of the employer and otherwise with the consent of the
employer. A minimum of fourteen days’ notice must be given, although an
employer may accept less notice if convenient.
(v) Portability
of Service for Paid Adoption Leave -
As
per maternity leave conditions.
(vi) Staffing Provisions -
As
per maternity leave conditions.
(vii) Effect of Adoption Leave on Accrual of Leave, Increments, etc.
As
per maternity leave conditions.
(viii) Right to return to previous position -
As
per maternity leave conditions.
C. Parental
Leave -
(i) Eligibility
To
be eligible for parental leave a full time or permanent part time employee must
have completed at least 40 weeks continuous service prior to the expected date
of birth or to the date of taking custody of the child.
An
employee who has once met the conditions for paid parental leave will not be
required to again work the 40 weeks continuous service in
order to qualify for a further period of paid parental leave, unless:
(a) there
has been a break in service where the employee has been re-employed or
re-appointed after a resignation, medical retirement, or after their services
have been otherwise dispensed with; or
(b) the
employee has completed a period of leave without pay of more than 40 weeks. In
this context, leave without pay does not include sick leave without pay,
maternity leave without pay, or leave without pay
associated with an illness or injury compensable under the Workers' Compensation Act
1987 (NSW).
(ii) Portability of Service for Paid Parental Leave
As
per maternity leave conditions.
(iii) Entitlements
Eligible
employees whose spouse or partner (including a same sex partner) is pregnant or
is taking custody of a child are entitled to a period of leave not exceeding 52
weeks which includes one week of paid leave, and may be taken as follows:
(a) an
unbroken period of up to one week at the time of the birth of the child, taking
custody of the child or other termination of the pregnancy (short parental
leave); and
(b) a
further unbroken period in order to be the primary
caregiver of the child (extended parental leave).
(c) The
entitlement of one weeks’ paid leave may be taken at any time within the 52 week period and will be paid:
-
at the employee’s ordinary rate of pay for a period not exceeding one week on
full pay; or
-
two weeks at half pay or the period of parental leave taken, whichever is the
lesser period.
Annual
and/or long service leave credits can be combined with periods of parental
leave on half pay to enable an employee to remain on full pay for that period.
(d) Extended
parental leave cannot be taken at the same time as the employee’s spouse or
partner is on maternity or adoption leave except as provided for in paragraph (i)(a) of Part D, Right to Request, of this clause.
(iv) Applications
An
employee who intends to proceed on parental leave should formally notify their
employer of such intention as early as possible, so that arrangements
associated with their absence can be made.
(a) In
the case of extended parental leave, the employee should give written notice of
the intention to take the leave.
(b) The
employee must, at least four weeks before proceeding on leave, give written
notice of the dates on which they propose to start and end the period of leave,
although it is recognised in situations of taking custody of a child, little or
no notice may be provided to the employee.
In such an instance, the employee should notify the employer as early as
practicable.
(c) The
employee must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(d) In
the case of extended parental leave, the employee must, before the start of
leave, provide a statutory declaration by the employee stating:
(i) if applicable, the period of any
maternity leave sought or taken by his spouse, and
(ii) that they are seeking the period of extended parental leave to
become the primary care giver of the child.
(v) Variation
after Commencement of Leave
After
commencing parental leave, an employee may vary the period of her/his parental
leave, once without the consent of the employer and otherwise with the consent
of the employer. A minimum of fourteen days’ notice must be given, although an
employer may accept less notice if convenient.
(vi) Effect of Parental Leave on Accrual of Leave, Increments etc.
As
per maternity leave conditions.
(vii) Right to return to Previous Position
As
per maternity leave conditions.
D. Right to
Request
(i) An employee entitled to maternity,
adoption or parental leave may request the employer to allow the employee:
(a) to
extend the period of simultaneous maternity, adoption or parental leave use up
to a maximum of eight weeks;
(b) to
extend the period of unpaid maternity, adoption or extended parental leave
taken for a further continuous period of leave not exceeding 12 months;
(c) to
return to duty for less than the full time hours they
previously worked by taking weekly leave without pay.
to
assist the employee in reconciling work and parental responsibilities.
(ii) 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.
(iii) The employee’s request and the employer’s decision made under
paragraph (i)(b) and (c) must be recorded in writing.
(iv) Where an employee wishes to make a request under paragraph (i)(c):
(a) the
employee is to make an application for leave without pay to reduce their full time weekly hours of work
(b) such
application must be made as early as possible to enable the employer to make
suitable staffing arrangements. At least
four weeks’ notice must be given.
(c) all
requests are to be considered having regard to the terms of NSW Health Policy
Directive PD2023_006 Leave Matters for the NSW Health Service, as amended from
time to time.
(d) Salary
and other conditions of employment are to be adjusted on a basis proportionate
to the employee’s full time hours of work i.e. for
long service leave the period of service is to be converted to the full time
equivalent, and credited accordingly.
(e) It
should be noted that employees who return from maternity, adoption or parental
leave under this arrangement remain full time employees. Therefore, the payment of any part time
allowance to such employees does not arise.
E. Communication
During Leave
(i) Where an employee is on maternity,
adoption or parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer will take reasonable steps
to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing the leave; and
(b) provide
an opportunity for the employee to discuss any significant effect the change
will have on the status or responsibility level of the position the employee
held before commencing leave.
(ii) The employee must take reasonable steps to inform the employer
about any significant matter that will affect the employee’s decision regarding
the duration of leave to be taken, whether the employee intends to return to
work and whether the employee intends to request to return to work on a
part-time basis.
(iii) The employee must also notify the employer of changes of address
or other contact details which might affect the employer’s capacity to comply
with subclause (i).
F. Commonwealth
Paid Parental Leave (CPPL)
(i) From 1 January 2011 the CPPL scheme may
be available to eligible employees.
(ii) The CPPL is independent of other leave entitlements and is in
addition to paid parental leave entitlements.
35.
Military Leave
Employees will be
granted military leave in accordance with NSW Health Policy Directive
PD2023_006 Leave Matters for the NSW Health Service, as amended from time to
time.
36.
Repatriation Leave
Ex-servicemen/women
will be granted repatriation leave in accordance with NSW Health Policy
Directive PD2023_006 Leave Matters for the NSW Health Service, as amended from
time to time.
37.
Sick Leave
(i) Subject to the following limitation 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) An
employee will not be entitled to sick leave until after three months continuous
service.
(b) An
employee will not be entitled to sick leave on full pay for any period in
respect of which such employee is entitled to accident pay, or workers'
compensation; provided, however that where an employee is not in receipt of
accident pay, an employer will pay to an employee, who has sick leave
entitlements under this clause, the difference between the amount received as
workers compensation and full pay.
The
employee's sick leave entitlement under this clause will, for each week during
which such difference is paid, be reduced by the proportion of hours which the
difference bears to full pay. On the expiration of available sick leave, weekly
compensation payments only will be payable.
(c) All
periods of sickness will be certified to by the Medical Superintendent or Director
of Nursing of the employer or by the employee's own legally qualified medical
practitioner or dentist. The employer may dispense with the requirement of a
medical certificate where the absence does not exceed 2 consecutive days or
where, in the employer's opinion, the circumstances are such as not to warrant
such requirement.
(d) Each
employee shall, as soon as reasonably practicable and in any case within 24
hours of the commencement of such absence, inform the employer of his or her
inability to attend for duty and as far as possible state the nature of the
injury or illness and the estimated duration of the absence.
(e) Where
an employee is absent on sick leave for a total of 10 working days in any one
year of service and has no sick leave entitlement carried over from previous
years, that employee will continue to be paid for an additional 4 hours even
though no sick leave credit might exist. Such additional payment will not
affect the subsequent year’s sick leave entitlement, i.e. it is "special
sick leave", not "sick leave in advance" (see NSW Health Policy
Directive PD2023_006 Leave Matters for the NSW Health Service, as amended from
time to time).
(ii) The employer must not change the rostered hours of an employee
fixed by the roster or rosters applicable to the fourteen days immediately
following the commencement of sick leave merely by reason of the fact that she
or he is on sick leave.
(iii) For the purpose of this clause "Service" means service
in the industry of nursing.
(iv) For the purpose of this clause continuity of service in the
industry of nursing will not be broken by:
(a) absences
from such industry on account of illness;
(b) periods
of absences from such industry immediately following termination of employment,
in respect of which employment a pro rata payment has been made for annual
leave or long service leave, but not exceeding the period the employee would
have been required to work to earn as salary an amount equal to such pro rata payment;
(c) absence
from such industry for the purpose of pursuing a post-graduate course in
nursing (i.e. a course which results in obtaining a certificate, diploma or
qualification) 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 and
before returning to Australia and a period of one month after returning to
Australia;
(d) any
reasonable absence from the industry occasioned by an employee transferring
from one employer to another in such industry but not exceeding 28 days on any
one occasion;
(e) periods
of employment nursing in hospitals in New South Wales other than the hospitals
covered by this award and in the Canberra Community Hospital and Woden Valley Hospital; provided that this period of absence will not be
counted as service for the purpose of calculating sick leave.
(v) Part
Time Employees: a part time employee will be entitled to sick leave in the same
proportion of the seventy six hours as the average
weekly hours worked over the preceding twelve months or from the time of the
commencement of employment, whichever is the lesser, bears to thirty-eight
ordinary hours. Such entitlements will be subject to all the above conditions
applying to full time employees. Provided that only part time service on and
from the beginning of the first pay period to commence on or after 1 January
1970, will count for the purpose of this subclause.
(vi) Subject to the provision of a satisfactory medical certificate
and sick leave being due, annual leave or long service leave (extended leave)
will be re-credited where an illness of at least one week's duration occurs
during the period of annual or long service leave: Provided that the period of leave does not
occur prior to retirement, resignation or termination of services, and provided
further that the employer is satisfied on the circumstances and the nature of the
incapacity.
(vii) In addition to the sick leave prescribed in subclause (i) of this clause, Flight Nurses will be entitled to an
additional 38 hours sick leave in any period of 12
months. Any unused additional sick leave will not accumulate from year to year.
38.
Accommodation and Board
(i) The employer will where practicable provide for the use of employees who live in:
(a) Directors
of Nursing: In a public hospital of which the registered number of beds is 9 or
more, private quarters which will comprise a bedroom, sitting room, bathroom,
and toilet with appropriate furniture and fittings including a washing machine,
refrigerator and stove or stovette and facilities for preparing light
refreshments; provided that where the normal nursing staff does not exceed 7,
it will not be necessary to provide for the Director of Nursing a separate
bathroom and toilet facilities, a washing machine, refrigerator and a stove or
stovette.
(b) Employees
other than Directors of Nursing:
(1) Dining
facilities suitable to the reasonable needs of the nursing staff.
(2) A
lounge room suitable to the reasonable needs of the staff.
(3) A
study for student nurses; provided that this provision will apply only to
public hospitals which are registered training schools.
(4) At
least one plunge bath (with shower) for each 12 (or fraction thereof) employees
and in addition at least one separate shower cubicle for each 12 (or fraction
thereof) employees.
(5) At
least one lavatory (if in a bathroom adequately partitioned off from the
bathing facilities) for each 8 (or fraction thereof) employees.
(6) A
kitchen or kitchenette equipped with reasonable facilities for storing and
preparing light refreshments and with normal kitchen utensils, stove or
stovette, refrigerator, china, crockery and cutlery.
(7) Suitable
facilities including a washing machine for the laundering and drying of
personal clothing.
(8) A
separate bedroom of such dimensions as to provide a floor area of not less than
nine square metres and which contains suitable floor coverings and a bedside
lamp and fittings and will be provided with a bed, a dressing table, a wardrobe
(built-in cupboard) of adequate size and a chair.
(9) Where
it is necessary for 2 or more employees to sleep in a bedroom twenty-one cubic
meters of space will be provided for each employee. Such bedroom will contain suitable floor coverings
and for each employee the employer will provide a bed, a dressing table, a
wardrobe (built-in cupboard) of adequate size and a chair.
(10) In respect of subparagraphs (2), (4), (5), and (6) of this
paragraph separate provision will be made for trained and untrained staff;
provided that as to subparagraphs (2), (4) and (5) of this paragraph this
provision will not apply in a public hospital in which the normal number of
nursing staff is less than 12.
(11) Adequate heating suitable to the reasonable needs of the staff
present will be provided in the lounge room during the wintertime.
(ii) The employer will provide such domestic staff as is necessary
to maintain the accommodation in a proper condition at all
times.
(iii) The following deductions from salary will be made by an employer
for accommodation:
(a) Directors
of Nursing and employees occupying separate bedroom accommodation of a
reasonable standard: an amount as set in Item 15 of Table 2 of Part B per week.
(b) Directors
of Nursing provided with a self-contained flat attached to the public
hospital's nurses home; an amount as set in the said Item 15 per week.
(iv) An employer will provide for employees who live in: full board
of 21 meals per week and the meals will consist of an adequate quantity of
wholesome well-cooked and well-prepared food-stuffs including green vegetables
and fruit in season; and, in addition the employer will provide: tea, coffee,
milk and sugar for morning and afternoon tea and supper and early morning tea
for employees on night or early morning duty. An employer who complies with the
foregoing provisions of this subclause may make a deduction as set out in Item
16 of table 2 of Part B per week.
(v)
(a) The
employer will provide for the use of employees who live out:
(1) a
suitable change room and adequate washing and toilet facilities; provided that
the washing and toilet facilities need not be distinct from those provided for
employees who live in and this provision will not
apply to a public hospital the registered number of beds of which is less than
9;
(2) 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;
(b) An
employer will provide for an employee who lives out: tea, coffee, milk and
sugar for morning and afternoon tea, supper and early morning tea when the
employee is on duty at times appropriate for the partaking thereof; and will
provide also for such an employee who requires them: meals of the standard
specified in subclause (iv) of this clause, which fall during the duty period
and for such meals so provided may make a charge, provided that the charge for
breakfast and other meals will be as set in Item 17 of Table 2 of Part B.
(vi) The charges referred to in subclauses (iii), (iv) and (v) to be
adjusted in accordance with any general movement in wage rates in this award.
The Director-General of Health may apply for additional adjustments from time
to time based on the differences between such wage increases and the actual
cost of providing these services. Provided that an employer may waive all or
part of these charges at its discretion as an incentive to recruitment of
nurses.
(vii) Where an employee partakes of a meal from a cafeteria service
provided by a public hospital or public health organisation, he or she will be
required to pay the charge fixed for such meal in lieu of the meal charges
prescribed in subclauses (iv) or (v) of this clause.
39.
Grading Committee
A Committee
consisting of two representatives of the employer and two representatives of
the Association will be constituted to consider and make recommendations to the
employer in relation to:
(a) any
request or proposal to establish or alter the grading of positions covered by
this award;
(b) the
date of effect of any grading recommended.
Provided that:
(i) an employee will, whilst the grading or
remuneration of his or her position is under consideration, be ineligible to be
a member of the Committee;
(i) the Committee should not, without
sufficient reason, recommend the retrospective operation of any grading or
remuneration; and
(iii) where a retrospective date of effect is recommended, such date
should not be earlier than a date six months prior to the date on which the
matter was referred to the Committee.
40.
Grading of Nurse/Midwife Manager Positions
(i) All positions of Nurse/Midwife Manager, as
defined in Clause 3, Definitions, of this award will be graded by the employer
in accordance with the Work Level Statements set out in Schedule 1 to this
award.
(ii) The employer may determine a higher grading including a
multi-grade, e.g. Grade 4-5, Grade 6-7, etc., than provided for under the Work
Level Statements where the requirements of the position involve a higher level
of complexity and/or an extended role to that generally comprehended by the
otherwise applicable Work Level Statement.
(iii) Progression to the second salary point in each grade will occur
after 12 months satisfactory service in that grade. Provided that accelerated
progression within the 12 month period, or on
commencement of employment, may occur where the employer is satisfied that such
progression is warranted in an individual case.
(iv) If dissatisfied with the grade as determined in any individual
case, the Association may discuss the matter with the local Health Service
management and, if still dissatisfied, may apply for a review of the grading by
the Ministry of Health and the Association at a central level.
(v) No
employee is to suffer a reduction in salary as a result of
the implementation of the new structure. Where an employee would ordinarily be
classified at a grade which carries a salary less than his or her current salary he or she will retain his or her current salary,
including all future increases thereto, on a strictly personal basis, while
ever he or she remains in the current position.
(vi) Employees seeking appointment to positions of Nurse Manager are
generally expected to possess the core knowledge and skills appropriate to the
respective grades as set out in Schedule 1 to this award.
41.
Deputy Directors of Nursing, Assistant Directors of Nursing
(i) The following appointments will be made
in public hospitals with adjusted 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, Assistant Directors of Nursing.
|
(ii) 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 registered nurse
employed in the same or the next senior classification below the vacant
position with the longest service in such classification at the public
hospital, will be deemed to be appointed until such time as another appointment
is made by the employer.
(iii) This clause will not apply to a hospital 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.
42.
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 public hospital, and for this
purpose a Director of Nursing will count.
43. Medical
Examination of Nurses
See NSW Health
Policy Directives PD2023_006 Leave Matters for the NSW Health Service and
PD2017_040 Recruitment and Selection of Staff to the NSW Health Service, as
amended from time to time.
44.
Domestic Work
Except as
hereinafter provided, nurses cannot be required to perform, as a matter of
routine, the following duties: viz.; washing, sweeping, polishing and/or
dusting of floors, walls or windows of wards, corridors, annexes, bathrooms or
verandas or any duties which are generally performed by classifications other
than nursing staff, but this provision will not preclude the employment of
nurses on any such duties in an isolation block or where the performance of
those duties involves disinfection.
45.
Termination of Employment
(i) Except for misconduct justifying summary
dismissal, the services of an employee may be terminated only by fourteen days’
notice or by payment of fourteen days salary in lieu thereof in the case of an
employee other than a Director of Nursing, and by twenty-eight days’ notice or
by the payment of twenty-eight days salary in lieu thereof in the case of a
Director of Nursing.
(ii) No employee will, without the consent of the employer, resign
without having given fourteen days’ notice (or in the case of a Director of
Nursing, twenty eight days’ notice) of 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 forfeit more than fourteen days’ pay at
the rate prescribed for his or her classification by clause 9, Salaries.
(iii) Employees who have accrued additional days off duty pursuant to
subclause (vii) of clause 4, Hours of Work and Free Time of Employees Other
Than Directors of Nursing and Area Managers, Nurse Education, will be paid for
such accrued time at ordinary rate of pay upon termination.
(iv) Upon the termination of the services of an employee, the
employer must provide 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.
(v) This
clause does not preclude an employee receiving any greater period of notice of
termination to which they might be entitled under s117 of the Fair Work Act
2009 (Cth), as amended or replaced from time to time.
46.
Labour Flexibility
(i) An employer may direct an employee to
carry out such duties as are reasonable and within the limits of the employee's
skill, competence and training provided that such duties are not designed to
promote deskilling.
(ii) An employer may direct an employee to carry out such duties and
use such tools and equipment as may be required provided that the employee has
been properly trained or has otherwise acquired the necessary skills in the use
of such tools and equipment.
(iii) Any direction issued by an employer pursuant to subclause (i) and (ii) must be consistent with the employer's responsibilities
to provide a safe and healthy working environment.
(iv) Existing provisions with respect to the payment of mixed
functions/higher duties allowances will apply in such circumstances.
47.
Right of Entry
See Chapter 5, Part
7 of the Industrial Relations Act 1996 (NSW) and Part 7 of the Work Health and Safety Act 2011 (NSW), as amended or replaced
from time to time.
48.
Disputes
(i) All parties must use their best
endeavours to cooperate in order to avoid any
grievances and/or disputes.
(ii) Where a dispute arises in any public hospital or public health
organisation, regardless of whether it relates to an individual nurse or to a
group of nurses, the matter must be discussed in the first instance by the
nurse(s) (or the Association on behalf of the nurse(s) if the nurse(s) so
request(s)) and the immediate supervisor of that nurse(s).
(iii) If the matter is not resolved within a reasonable time it must be referred by the nurse(s)' immediate
supervisor to the Chief Executive Officer of the employer (or his or her
nominee) and may be referred by the nurse(s) to the Association’s Head
Office. Discussions at this level must
take place and be concluded within 2 working days of referral or such extended
period as may be agreed.
(iv) If the matter remains unresolved, the Association must then
confer with the appropriate level of management (i.e. at Public Hospital/Local
Health District or Public Health organisation/Ministry level, depending on the
nature and extent of the matter). Discussions at this level must take place and
be concluded within two working days of referral or such extended period as may
be agreed.
(v) If
these procedures are exhausted without the matter being resolved, or if any of
the time limits set out in those procedures are not met, either the Association
or the employer may seek to have the matter mediated by an agreed third party,
or the matter may be referred in accordance with the provisions of the Industrial Relations Act 1996 (NSW) to the Industrial
Relations Commission for its assistance in resolving the issue.
(vi) During these procedures normal work must continue and there must
be no stoppages of work, lockouts, or any other bans or limitations on the
performance of work.
(vii) The status quo before the emergence of the issue must continue
whilst these procedures are being followed. For this purpose, 'status quo'
means the work procedures and practices in place:
(a) immediately
before the issue arose; or
(b) immediately
before any change to those procedures or practices, which caused the issue to
arise, was made.
The
Employer must ensure that all practices applied during the operation of these
procedures are in accordance with safe working practices.
(viii) Throughout all stages of these procedures, adequate records must
be kept of all discussions.
(ix) These procedures will be facilitated by the earliest possible
advice by one party to the other of any issue or problem which may give rise to
a grievance or dispute.
49.
Anti-Discrimination
(i) It is the intention of the parties bound
by this award to seek to achieve the object of section 3(f) of the Industrial Relations Act 1996, as amended or replaced from
time to time, to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity and age.
(ii) It follows that in fulfilling their obligations under the
dispute resolution procedure prescribed by this award the parties have
obligations to take all reasonable steps to ensure that the operation of the
provisions of this award are not directly or
indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the award which, by its terms or operation, has a direct or
indirect discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977 (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) Nothing in this clause is to be taken to affect:
(a) any
conduct or act which is specifically exempted from anti-discrimination
legislation:
(b) offering
or providing junior rates of pay to persons under 21 years of age;
(c) any
act or practice of a body established to propagate religion which is exempted
under Section 56(d) of the Anti-Discrimination Act 1977 (NSW);
(d) a
party to this award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
(v) This
clause does not create legal rights or obligations in addition to those imposed
upon the parties by legislation referred to in this clause.
NOTES
-
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act 1977 (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".
50.
Exemption
This award will not
apply to -
(i) members, novices or aspirants of
religious orders in public hospitals;
(ii) the Sydney Dental Hospital provided that
nurses employed thereat are paid not less than the appropriate salaries
prescribed by this award.
51.
Salary Packaging
(i) By agreement with their employer,
employees may elect to package a part or all of their
salary in accordance with this clause, to obtain a range of benefits as set out
in NSW Health Policy Directive PD2018_044 Salary Packaging, as amended from
time to time. Such election must be made prior to the commencement of the
period of service to which the earnings relate. Where an employee also elects
to salary sacrifice to superannuation under this award, the combined amount of
salary packaging/sacrificing may be up to 100 per cent of salary.
Any
salary packaging above the fringe benefit exemption cap will attract fringe
benefits tax as described in subclause (iv) below.
(ii) Where an employee elects to package an amount of salary:
(a) Subject
to Australian taxation law, the packaged amount of salary will reduce the
salary subject to appropriate PAYG taxation deductions by that packaged amount.
(b) Any
allowance, penalty rate, overtime payment, payment for unused leave
entitlements, weekly worker’s compensation, or other payment other than any
payment for leave taken in service, to which an employee is entitled under this
award or statute which is expressed to be determined by reference to an
employee’s salary, will be calculated by reference to the salary which would
have applied to the employee under this award in the absence of any salary
packaging or salary sacrificing made under this award.
(c) "Salary"
for the purpose of this clause, for superannuation purposes, and for the
calculation of award entitlements, will mean the award salary as specified in
clause 9, Salaries, and which will include "approved employment
benefits" which refer to fringe benefit savings, administration costs, and
the value of packaged benefits.
(iii) Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of
available salary to be packaged. Such payroll deductions may include but are
not limited to superannuation payments, HECS payments, child support payments,
judgement debtor/garnishee orders, union fees and private health fund
membership fees.
(iv) The salary packaging scheme utilises a fringe benefit taxation
exemption status conferred on public hospitals and Local Health Districts,
which provides for a fringe benefits tax exemption cap of $17,000 per annum.
The maximum amount of fringe benefits-free tax savings that can be achieved
under the scheme is where the value of benefits when grossed-up, equal the
fringe benefits exemption cap of $17,000. Where the grossed-up value exceeds
the cap, the employer is liable to pay fringe benefits tax on the amount in excess of $17,000 but, will pass on this cost on to the
employee. The employer’s share of savings, the combined administration cost,
and the value of the packaged benefits are deducted from the pre-tax dollars.
(v) The
parties agree that the application of the fringe benefits tax exemption status
conferred on public hospitals and Local Health Districts is subject to the
prevailing Australian taxation laws.
(vi) If an employee wishes to withdraw from the salary packaging
scheme, the employee may only do so in accordance with the required period of
notice as set out in the Salary Packaging Policy and Procedure Manual.
(vii) Where an employee ceases to salary package, arrangements will be
made to convert the agreed package amount to salary. Any costs associated with
the conversion will be borne by the employee, and the employer will not be
liable to make up any salary lost as a consequence of
the employee’s decision to convert to salary.
(viii) Employees accepting the offer to salary package do so voluntarily.
Employees are advised to seek independent financial advice and counselling to
apprise them of the implications of salary packaging on their individual
personal financial situations.
(ix) The employer and the employee will comply with the procedures
set out in the NSW Health Policy Directive PD2018_044 Salary Packaging and
relevant Procedure Manual, as amended from time to time.
52.
Deduction of Union Membership Fees
(i) The union must provide the employer with
a schedule setting out union fortnightly membership fees payable by members of
the union in accordance with the union’s rules.
(ii) The union must advise the employer of any change to the amount
of fortnightly membership fees made under its rules. Any variation to the
schedule of union fortnightly membership fees payable must be provided to the
employer at least one month in advance of the variation taking effect.
(iii) Subject to (i) and (ii) above, the
employer will deduct union fortnightly membership fees from the pay of any
employee who is a member of the union in accordance with the union’s rules,
provided that the employee has authorised the employer to make such deductions.
(iv) Monies so deducted from employees’ pay will be forwarded
regularly to the union together with all the necessary information to enable
the union to reconcile and credit subscriptions to employees’ union membership
accounts.
"Regularly"
will be defined as monthly except where the practice and protocol of an
employer as at March 2002 was fortnightly.
(v) Unless
other arrangements are agreed to by the employer and the union, all union
membership fees will be deducted on a fortnightly basis.
(vi) Where an employee has already authorised the deduction of union
membership fees from his or her pay prior to this clause taking effect, nothing
in this clause should be read as requiring the employee to make fresh
authorisation in order for such deductions to
continue.
53.
Staffing Arrangements
(i) Reasonable workloads are required for
nurses to assist in providing a sustainable health system for the people of NSW
that not only meets present health needs but also plans for the health needs of
the future.
(ii) The employer has a responsibility to provide reasonable
workloads for nurses.
(iii) Principles
The
following principles will be applied in determining or allocating a reasonable
workload for a nurse:
(a) Reasonable
workloads will be based on the application of the staffing arrangements
detailed in this clause. The
arrangements may be the reasonable workload principles alone or, in addition,
the provisions set out in Sections II - IX, of subclause (iv) in relation to
the services, wards and units to which they apply.
(b) Workload
assessment will take into account measured demand by
way of clinical assessment, including acuity, skill mix, specialisation where
relevant, and geographical and other local requirements/resources.
(c) The
work performed by the employee will be able to be satisfactorily completed
within the ordinary hours of work assigned to the employee in their roster
cycle.
(d) The
work will be consistent with the duties within the employee’s classification
description and at a professional standard so that the care provided or about
to be provided to a patient or client will be adequate, appropriate and not
adversely affect the rights, health or safety of the patient, client or nurse.
(e) The
workload expected of an employee will not be unfair or unreasonable having
regard to the skills, experience and classification of the employee for the
period in which the workload is allocated.
(f) An
employee will not be allocated an unreasonable or excessive nursing workload or
other responsibilities except in emergency or extraordinary circumstances of an
urgent nature.
(g) An
employee will not be required to work an unreasonable amount of overtime.
(h) An
employee’s workload will not prevent reasonable and practicable access to
Learning and Development Leave, together with ‘in-house’ courses or activities,
and mandatory training and education.
(i) Existing minimum staffing levels to
ensure safe systems of work and patient safety will continue to apply.
(j) Nothing
in this clause prevents a higher level of staffing from being provided when,
and where, this is necessary for clinical or other reasons.
(iv) Staffing and Specialties
The
Association and the Ministry agree that the staffing arrangements in this
clause and their application may be reviewed and amended from time to time by
agreement and that the Award may be varied by consent to reflect any such
agreement.
Section I: Replacement of Absences
(a) When
an unplanned absence occurs (e.g. due to unexpected sick leave) the NUM (or
delegate) will immediately review the roster to determine the effect of the
absence on workload.
(b) Where
the NUM (or delegate) determines to backfill the absence, the default position
is to fill the absence with a nurse of the same classification as the absent
nurse.
(c) If
all avenues to backfill the absence with a nurse at the same classification are
exhausted and the only remaining option is to backfill the absence with a nurse
of a lower classification, the NUM (or delegate) must consider how the
functions performed in the ward/unit can be safely and appropriately performed
by a nurse of another nursing classification.
(d) In
some circumstances it may be possible to backfill with a nurse of a lower
classification. Where it is determined
to backfill with a nurse of a lower classification, a record of this, together
with the reasons, must be made.
Section II: Nursing Hours Wards and Units
(a) Nursing
hours wards and units comprise general inpatient wards, dedicated palliative
care wards/units, dedicated rehabilitation wards/units and inpatient adult
acute mental health wards/units.
(b) General
inpatient wards do not include:
1. All
Types of Critical Care Units:
• Intensive Care Units
• High Dependency Units
• Coronary Care Units
• Burns Units
• Neo-natal Intensive Care Units
2. Day
Only Wards
3. Day
of Surgery Wards
4. Procedural
Units (Haemodialysis, Endoscopy, Cardiac Catheter, etc.)
5. Paediatrics
6. Drug
& Alcohol
7. All
Midwifery Services:
• Antenatal
• Post Natal, Nurseries
• Delivery & Birthing Suites
8. 23
Hour Wards
9. Fast
track wards
10. Transition
Wards (slow stream)
11. Medical/Surgical
Assessment Units (MAU & SAU)
12. Medical/Surgical
Acute Care Units (MACU & SACU)
13. Wards/Units
attached to Emergency Departments:
• Psychiatric Emergency Care Centres
(PECC)
• Observation wards
• Emergency Medical Units (EMUs)
(c) The
Association and the Ministry have agreed that staffing will be determined by
the Nursing Hours Per Patient Day ('NHPPD') specified below, provided over a
week, to determine the number of nurses required to provide direct clinical
care. The number of nursing hours per
patient day may also be expressed as an equivalent ratio.
(d) 6.0 NHPPD will apply to general inpatient
wards in Peer Group A1 and A3 facilities, being Principal Referral Hospitals
and Ungrouped Acute Tertiary Referral Hospitals, accounted for over the period
of a week.
(e) 5.5
NHPPD will apply to general inpatient wards in Peer Group B facilities, being
Major Hospitals Group 1 and Group 2, accounted for over the period of a
week. General inpatient wards in Peer
Group B facilities will move to 6.0 NHPPD by 30 June 2023 in accordance with a
timetable, determined by the Ministry and provided to the Association once
determined.
(f) 5.0
NHPPD will apply to general inpatient wards in Peer Group C facilities, being
District Group Hospitals, accounted for over the period of a week. General inpatient wards in certain Peer Group
C facilities will move to 6.0 NHPPD by 30 June 2023, in accordance with a
timetable, determined by the Ministry and provided to the Association once
determined.
(g) 6.0
NHPPD will apply to dedicated palliative care wards, accounted for over the
period of a week.
(h) 5.0
NHPPD will apply to dedicated general rehabilitation wards and units, and 6.0
NHPPD will apply to dedicated rehabilitation specialist brain and spinal injury
units, accounted for over the period of a week.
For these wards and units only, NHPPD includes the hours usually worked
by nursing and other categories of staff, however titled, agreed with the
Association.
(i) 6.0 NHPPD will apply to inpatient adult
acute mental health wards in general hospitals which are not specialist mental
health facilities, accounted for over the period of a week.
(j) 5.5
NHPPD will apply to inpatient adult acute mental health wards in specialised
mental health facilities, accounted for over the period of a week. Inpatient adult acute mental wards in certain
specialised mental health facilities will move to 6.0 NHPPD by 30 June 2023, in
accordance with a timetable, determined by the Ministry and provided to the
Association once determined.
(k) At
the time the new staffing levels referred to in Section II, subclauses (d) to
(j) above are introduced on a ward or unit for the first time, staffing levels
in wards and units with higher than the specified staffing will either continue
to apply or be reviewed. A reduction in staffing will not occur without a
review taking place. If there is disagreement between the Employer and
Association about the outcome of the review the provisions of subclause (vii)
Grievances in relation to workload will apply.
(l) The
number of nursing hours per patient day may also be expressed as an equivalent
ratio which provides the same nursing hours over a week. For example:
1. a
NHPPD of 6.0 can provide sufficient nursing hours to provide am/pm/night
equivalent ratios of 1:4/1:4/1:7 across seven days, as well as the option of
some shifts with a nurse in charge who does not also have an allocated patient
workload.
2. a
NHPPD of 5.5 can provide sufficient nursing hours to provide am/pm/night
equivalent ratios of 1:4/1:5/1:7 across seven days, as well as the option of
some shifts with a nurse in charge who does not also have an allocated patient
workload.
3. a
NHPPD of 5.0 can provide sufficient nursing hours to provide am/pm/night
equivalent ratios of 1:5/1:5/1:7 across seven days, as well as the option of
some shifts with a nurse in charge who does not also have an allocated patient
workload.
Example Table 1
|
NHPPD:
|
6
|
which delivers
the following
|
Average Hours
Per Day:
|
156
|
|
|
|
nursing hours:
|
|
|
|
Number of
Patients:
|
26
|
|
Hours Per
Week:
|
1092
|
|
|
MORNING
|
AFTERNOON
|
NIGHT
|
|
|
Number of
Staff
|
#Equivalent
Ratio
|
*In
Charge with
no
allocated
patients
|
Number of
Staff
|
#Equivalent
Ratio
|
*In Charge
with
no
allocated
patients
|
Number of
Staff
|
#Equivalent
Ratio
|
Total
Hours
|
|
Shift Length in
|
8
|
|
8
|
8
|
|
8
|
10
|
|
|
|
hours
|
|
|
|
|
|
|
|
|
|
|
Monday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Tuesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Wednesday
|
6.5
|
1: 4
|
0
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
148
|
|
Thursday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Friday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Saturday
|
6
|
1: 4.3
|
1
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
152
|
|
Sunday
|
6
|
1: 4.3
|
1
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
152
|
|
|
|
|
|
|
|
|
Hours Per Week
|
1092
|
Notes:
#Equivalent Ratio is indicative of the ratio that could be created by this
roster pattern. *In this example the NUM
has distributed the hours on some shifts to include a nurse in charge who does
not have an allocated patient workload.
Example Table 2
|
NHPPD:
|
6
|
which delivers the following
|
Average Hours
Per Day:
|
156
|
|
|
|
nursing hours:
|
|
|
|
Number of
Patients:
|
26
|
|
Hours Per
Week:
|
1092
|
|
|
MORNING
|
AFTERNOON
|
NIGHT
|
|
|
Number of
Staff
|
#Equivalent
Ratio
|
*In
Charge with
no
allocated patients
|
Number of
Staff
|
#Equivalent
Ratio
|
*In
Charge with
no
allocated patients
|
Number of
Staff
|
#Equivalent
Ratio
|
Total
Hours
|
|
Shift Length in
hours
|
8
|
|
8
|
8
|
|
8
|
10
|
|
|
|
Monday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Tuesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Wednesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Thursday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Friday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Saturday
|
8
|
1: 3.3
|
0
|
8
|
1: 3.3
|
0
|
4
|
1: 6.5
|
168
|
|
Sunday
|
8
|
1: 3.3
|
0
|
7.5
|
1: 3.5
|
0
|
4
|
1: 6.5
|
164
|
|
|
|
|
|
|
|
|
Hours Per Week
|
1092
|
Notes: #Equivalent
Ratio is indicative of the ratio that could be created by this roster
pattern. *In this example the NUM has
distributed the hours differently across the days and has decided to allocate a
patient workload to the nurse in charge of shift.
(m) Only
nurses providing direct clinical care are included in the NHPPD. This does not include positions such as
Nursing Unit Managers, Nurse Managers, Clinical Nurse Educators, Clinical Nurse
Consultants, dedicated administrative support staff and wardspersons.
(n) In
implementing Nursing Hours in Nursing Hours Wards the
daily bed census data averaged over a specified preceding period of up to 52
weeks (in whole weeks) will be used to determine the number of patients. In determining the specified period due
regard should be given to reduced activity periods, seasonality and other local
factors. Where seasonality is a
significant factor, the specified period can be the equivalent period in the
preceding year.
(o) The
NUM will distribute the hours/shifts across the day and week in a rostering
pattern with due regard to the workload pattern of their ward, provided the
applicable NHPPD is achieved over the week.
(p) The
NUM may distribute the NHPPD to include a nurse in charge who does not also
have an allocated patient workload, provided the applicable NHPPD are achieved
over the week
(q) When,
on a shift, the NUM considers that patient care needs cannot be sufficiently met
from the nurses immediately available and the NUM (or nurse delegated with
responsibility for patient care within the ward/unit) considers additional
nursing hours should be provided in order to meet clinical needs, the NUM will
inform the appropriate Nurse Manager who, together with the NUM, will consider
a solution including, but not limited to, the following options:
1. deployment
of nurses from other wards/units;
2. additional
hours for part time staff;
3. engagement
of casual/agency nursing staff;
4. overtime;
5. prioritisation
of nursing activities on the ward/unit;
6. reallocation
of patients.
When
these options have been exhausted and only with approval from the Director of
Nursing and Midwifery and the concurrence of the General Manager, the decision
may be made to limit admissions when discharges occur from the ward/unit. This decision is to be made as soon as
practicable after commencement of the shift.
(r) Spot
Check
1. In
wards and units where the agreed staffing method is NHPPD, information will be
available to staff which identifies the NHPPD.
2. At
any time, a nurse working on the ward/unit or a member of the local Reasonable
Workload Committee may make a written request to the NUM for a spot check to
confirm that the NHPPD are being provided.
3. The
relevant Reasonable Workload Committee must be informed of the commencement of
the spot check.
4. Within
7 days of receipt of such a request the NUM will ensure that each week for a 4 week period the NHPPD provided are posted within 7 days of
the conclusion of the relevant period.
5. If,
at any time during the spot check or at its conclusion, it is established that
the provided NHPPD falls short of the specified NHPPD then action must
immediately commence to rectify the shortfall.
6. Where
the four week spot check confirms that the specified
NHPPD are being provided then the process is concluded.
7. The
outcome of the spot check will be made available to the Reasonable Workload
Committee.
(s) The
calculation used to spot check the provision of NHPPD in Nursing Hours Wards
1. To
determine the ‘number of patients’ add the number of patients as recorded for
each day in the bed census in the week to be calculated, then divide that total
by 7 (the number of days in the week).
For example:
(24
+ 25 + 25 + 25 + 23 + 22 + 24) ÷ 7 = 24 (Number of patients)
2. Then
take the applicable NHPPD figure (e.g. 6.0) and multiply it by 7 (for 7 days in
the week), then multiply by the number of patients, as identified above e.g.
24.
3. In
this example, 6 x 7 x 24 = 1,008 nursing hours or 6 NHPPD. 1,008 is therefore the nursing hours that
were required for the ward that week.
The figure is then compared to the nursing hours that were actually provided.
4. Assume
in this example that 974 nursing hours were actually provided. The required NHPPD falls short as 5.8 NHPPD
has been provided instead of 6 NHPPD. In this example, the NUM would
immediately commence action to rectify the shortfall in accordance with point 5
of (s) Spot Checks in this Section.
5. The
spot check would require the completion of this calculation for four
consecutive weeks.
(t) Annual
Leave relief
1. The
annual leave ‘relief’ factored into the calculation of the total required FTE
reflects the annual leave entitlements under this award for the employees,
arising from their actual shift patterns. However, this figure may be adjusted
at ward level for planned periods of low activity or annual ward closures that
mean less leave relief is required.
2. If
circumstances arise whereby the planned periods of low activity or annual ward
closures do not take place, the required FTE should be calculated again in light of those altered circumstances and staff
deployment.
(u) Relief
for Sick Leave, FACS Leave & Mandatory Education
To
account for sick leave, FACS leave and mandatory education, a figure of two
weeks (equating to 76 hours based on a 38 hour week)
per annum should be factored into the FTE required for the ward. This figure is subject to joint review by the
Association and the Ministry, on request by either party.
Section III: Staffing Arrangements for Peer
Group D & F3 MPS
(a) The
following provisions will apply to hospitals designated Peer Group D1 Community
Hospitals with community inpatient acute beds and a level 2 or above emergency
department function; and to F3 Multi-Purposes Service facilities with community
inpatient acute beds and a level 2 or above emergency department function:
(1) During
the hours that the Emergency Department is open there will be a minimum of two
registered nurses on duty, to ensure that there is a registered nurse available
on the acute ward when a registered nurse is required to attend the Emergency
Department. One of these registered
nurses may be a NUM/NM who also performs clinical functions on the shift who is
on duty and on site.
(b) The
parties recognise that where implementation of the provisions at (a)(1) above
requires a change in the classification mix this will be achieved progressively
from the date of this award and is determined by the rate of staff turnover
experienced in those facilities where the provisions apply.
Section IV: Perioperative Services
(a) ACORN
2008 standards will apply, in Operating Rooms including that during each operating
session, the minimum staffing for each operating room will be:
1. two
nurses, one of whom must be a Registered Nurse and one of whom may be a
suitably qualified and endorsed Enrolled Nurse, to carry out the roles of
scrub/instrument nurse and scout nurse; and
2. one
Anaesthetic nurse or one other trained and qualified anaesthetic category of
staff.
Section V: Maternity Services
(a) The
Association and the Ministry have agreed that the Birth rate Plus methodology,
as adapted for use in New South Wales, will be used to calculate staffing in
maternity services.
Section VI: Inpatient Mental Health Staffing
Arrangements
(a) The
Association and the Ministry have agreed that the following provisions will
apply in all inpatient mental health units (with the
exception of inpatient adult acute mental health wards at Section II and
be used by managers in the evaluation of nursing staff levels and for the
Reasonable Workload Committees to assess and manage identified workloads
issues.
(b) For
the purpose of this subclause inpatient mental health units include but are not
limited to:
1. Forensic
Units;
2. Child
& Adolescent Units;
3. Older
Adult;
4. Psychiatric
Emergency Care Centres (PECC);
5. Rehabilitation;
6. Extended
Care Units;
7. Mental
Health Intensive Care Units
(c) When
determining the nursing FTE the following should be considered:
1. The
previous 12 months activity should be used as a guide unless the unit has had a
significant change in activity, presentation number or type, or where a new
model of care has commenced which has impacted on the type of presentation or
length of stay;
2. Staff
assessment will be based on comparisons to the FTE utilised in the individual
unit in the previous year, using the monitoring reports, in conjunction with
professional judgement and information on known workload issues;
3. Categories:
• The number of inpatients requiring 1
staff or more to 1 patient;
• The number of inpatients requiring
close observation;
• The number of inpatients assessed
requiring sighting at regular intervals;
• The number of inpatients nearer to
going home.
4. Level
& frequency of aggressive behaviour displayed by patients and based on
clinical risk assessment;
5. Level
of suicidal behaviour displayed by patients (see Mental Health Outcomes and
Assessment Tools (MH-OAT) risk level);
6. Level
of vulnerability/potential of exploitation from others (such as sexual safety,
financial exploitation);
7. Age
of patient and co-morbidities;
8. Patients
with a dual diagnosis;
9. Type
of facility and unit (e.g. Closed/Open Units);
10. Design
of unit;
11. Number
of beds available;
12. Local
factors referred to at subclause 53 (iii) (b) may include but are not limited
to:
(i) The available level of support staff
(e.g. ward clerks, medical officers, patient support officers, allied health
staff);
(ii) Teaching and research activities;
(iii) Provision of nurse escorts;
(iv) Ward geography; and
(v) Data
entry/documentation including MH-OAT.
(d) When
determining the nursing FTE required for leave relief:
1. No
less than six weeks (30 days) annual leave relief per productive FTE for staff working
shift work and no less than 4 weeks (20 days) for non-shift workers must be
included.
2. No
less than two weeks (10 days) of sick/FACS leave and mandatory education relief
per productive FTE must be included.
3. Replacement
for long service leave and paid maternity leave should not be considered part
of the funded FTE unless additional FTE is set aside for this purpose.
Traditionally funding for this replacement is managed at a central cost centre
for a facility or service (this must be determined prior to finalising
established FTE).
4. Assess
impact on staff for workers’ compensation/return to work programs on the FTE
required.
(e) General
1. Nursing/Midwifery
Unit Managers, Clinical Nurse/Midwife Educators, Clinical Nurse/Midwife
Consultants and Nurse/Midwife Practitioners do not carry a direct clinical
load.
2. Consideration
should be given to the evolution of future clinical roles in nursing.
3. Consideration
should be given to the additional responsibilities related to other activities
such as the Magistrates Hearing and the Mental Health Review Tribunal and
associated escorts.
4. Consideration
should be given to the impact of future legislative requirements on workloads
where reasonably known.
Section VII: Community and Community Mental
Health Staffing Arrangements
(a) The
Association and the Ministry agree that the following staffing arrangements are
to apply in all Community Health Services (including services such as child and
family health, community mental health and drug health) and be used by managers
in the evaluation of nursing staff levels and for the Reasonable Workload
Committees to assess and manage identified workloads issues in accordance with
the principles specified in subclause (iii) Principles.
(b) The
current agreed average ‘face-to-face’ ratio in the Community Health Service
(CHS) will be used as the starting point for consideration of staffing levels
where indications are that staffing numbers are insufficient to manage the
workload.
(c) Funded
/ budgeted FTE must include no less than four weeks (20 days) of annual leave
relief per productive FTE. Where staff are required to work shift work or
weekends then no less than six weeks (30 days) should be included. Managers are
responsible for scheduling annual leave equitably throughout the year to manage
leave liabilities and to prevent unreasonable increased workload for remaining
employees arising from the taking of leave.
(d) Funded/budgeted
FTE must include no less than two weeks (10 days) of sick/FACs leave relief and
mandatory education relief per productive FTE. Cost centres with child and
family services must include an additional day to accommodate mandatory
education leave for child protection.
Funded
FTE available for relief of sick/FACS/ mandatory education is to be utilised as
required when this leave is taken rather than used for permanent employment.
(e) Replacement
for long service leave and paid maternity leave should not be considered part
of the funded FTE unless additional FTE is set aside for this purpose.
Traditionally, funding for this replacement is managed at a central cost centre
for a facility or service.
(f) Assess
impact on staff for workers’ compensation / return to work programs on the FTE
required.
(g) Existing
appointed positions, e.g. CNCs and managers, must be maintained in their
current role, and except in the case of emergencies, will not be routinely used
to cover nursing shortages in the general workload areas.
To
ensure this occurs, each appointed position should have a position description
that defines the scope and requirements of their primary role.
Leave
relief for these positions is required in the funded FTE.
(h) Induction
programs including preceptorship should be in place to adequately supervise new
staff. These programs would include a
reasonable number of "supernumerary" hours followed by appropriate
allocation of patients according to the complexity of need and the new staff’s
level of training. The ability to consult senior staff by phone should be
ensured, particularly during induction.
Funded
FTE should incorporate a reasonable number of additional hours for this purpose
based on historical turnover rates.
(i) Community Health Services must have the
ability to maintain a "pool" of casual staff to manage unplanned
leave and vacancies or a sudden and unanticipated increase in workload.
(j) Reasonable
deployment within individual Community Health Services to address uneven
workload distribution should occur as a day-to-day management strategy.
However, this should not be seen as a method of covering unfilled vacancies or
ongoing sick leave.
Long
term demographic trends may result in adjustment of boundaries to enable
existing staffing to better accommodate the needs of the community while still
maintaining composition of their team.
(k) Appropriate
hours for case management should be included in the Funded FTE to maintain a
safe and holistic level of care for patients. This principle is inherent in the
needs for patients in the community.
(l) Appropriate
time for travel in the context of the local geography and traffic conditions
must be factored into hours required for clinical workload.
(m) In
accordance with occupational health and safety principles, hazards must be
eliminated or controlled, appropriate loading facilities must be provided, to
enable restocking of clinical supplies and equipment.
(n) Nursing
hours utilised in carrying out non clinically related activities e.g. servicing
of vehicles should be monitored, quantified and incorporated into the FTE
required for a given service.
(o) This
list indicates minimum requirements only.
Section VIII: Emergency Department Staffing
Arrangements
(a) The
Association and the Ministry have agreed that the following staffing
arrangements are to apply in Emergency Departments and be used by managers in
the evaluation of nursing staff levels and for the Reasonable Workload
Committees to assess and manage identified workloads issues in accordance with
the Principles specified in subclause (iii).
(b) When
determining the nursing FTE required:
1. The
previous 12 months activity should be used unless the ED has had a significant
change in activity, presentation number or type, or where a new model of care
has commenced which has impacted on the type of presentation or Length of Stay.
2. Staff
assessment will be based on comparisons to the FTE Utilised in the individual
ED in the previous year in conjunction with professional judgement,
incorporating anecdotal information on known workload issues.
3. Consideration
needs to be given to local factors affecting workload. This may have the
potential to increase the required FTE over and above that indicated by
activity.
(c) When
determining the nursing FTE required for leave relief:
1. No
less than six weeks (30 days) annual leave relief per productive FTE for staff
working shift work and no less than 4 weeks (20 days) for non-shift workers
must be included.
2. No
less than two weeks (10 days) of sick/FACS leave and mandatory education relief
per productive FTE must be included.
3. Replacement
for long service leave and paid maternity leave should not be considered part
of the required FTE. Traditionally funding for this replacement is managed at a
central cost centre for a facility or service.
4. Assess
the impact on staff for workers’ compensation/return to work programs on FTE
required.
(d) General
1. All
Level 5 and 6 Emergency Departments to have a dedicated shift coordinator on
all shifts in addition to the FTE required for clinical activity. The
requirement for additional FTE for the Shift Coordinator in Levels 1 to 4
Emergency Departments is at the discretion of the facility after due
consideration of the historical and anticipated activity for each shift of the
week
2. There
is to be an identified triage nurse on every shift.
3. Provision
must be made for the coverage of community retrievals and participation in the
facility Cardiac Arrest Team, if this an ED responsibility.
4. Where
an Emergency Department has a dedicated Psychiatric Emergency Care Centre
(PECC), mental health specialist nurses must staff it. The FTE required for appropriate coverage of
the PEC Unit is in addition to the requirement for the main sections of the
Emergency Department.
5. The
facility must have a contingency plan to backfill nurses in
the event that they are called out as part of a disaster team.
6. This
list indicates minimum requirements only.
(e) Provision
of designated nurses for the resuscitation area.
The
provision of designated nurses for the resuscitation area in Emergency
Departments will be as follows:
To
provide the staffing levels set out in the table below the required additional
nurses will be employed in accordance with a timetable agreed between the
Ministry and the Association, with full effect from 1 July 2013.
|
Description
|
Provision
|
|
Adult/mixed Emergency Departments with a role delineation of
Level 6 and Urgency Disposition Groups (‘UDG’) of 45,000 or more
|
Three designated resuscitation nurses on two shifts and two
designated resuscitation nurses on the third shift
|
|
Adult/mixed Emergency Departments with a role delineation of
Level 6 and UDG of less than 45,000
|
Two designated resuscitation nurses on two shifts and one
designated resuscitation nurse on the third shift
|
|
Adult/mixed Emergency Departments with a role delineation of
Level 3, 4 or 5 and UDG of more than 45,000
|
Two designated resuscitation nurses on two shifts and one
designated resuscitation nurse on the third shift
|
|
Adult/mixed Emergency Departments with a role delineation of
Level 4 or 5 and UDG of more than 25,000 and less than 45,000.
|
One designated resuscitation nurse on each of three shifts per
day
|
‘UDG’
stands for urgency disposition groups which is a methodology applied by the NSW
Ministry of Health that weights Emergency Department attendances for the triage
category mix and patient disposition e.g. hospital admission.
Section IX:
Hospital Listings
(a) The
Ministry will publish on its website the following lists, updated annually:
1. As
per clause 53, Section II (a), a list of Hospitals by Peer Group;
2. As
per clause 53, Section III (a), a list of Hospitals by Emergency Department
role delineation;
3. As
per clause 53, Section VIII (d), a list of hospitals which outlines both the
Emergency Department role delineation and Urgency Disposition Groups (UDG)
attendances.
(v) Role
of Reasonable Workload Committees
(a) Reasonable
Workload Committees will be established to facilitate consultation on
reasonable workloads for nurses, together with the provision of advice and
recommendations to management. Aspects of reasonable workload may include, but
need not be limited to, nursing workloads generally, the provision of
specialist advice, training, and planning for bed or ward closures or openings
as they relate to nursing workloads. It is intended that the committees, by
their operation, will make a positive contribution to the workload of nurses.
Reasonable Workload Committees are a mechanism to provide for informed
discussions at the local level and encourage the resolution where possible of
any workload disputes at this level in the first instance.
(b) The
committees by their operation will not alter the rights and obligations of
management to decide nursing workload matters.
(c) Public
hospitals, mental health facilities and multi-purpose sites will monitor the
implementation of reasonable workloads for nurses using the agreed Monitoring
System in all inpatient wards/units.
Monthly
and annual reports generated by the Monitoring System will be provided to the
Reasonable Workload Committee to ensure the committees have the information
they need to assess workload issues.
In
areas where the NSW Ministry of Health and the Association have agreed that the
Monitoring System cannot apply, relevant available data pertaining to workloads
will be collected and collated for the use of Reasonable Workload Committees.
(d) It
is intended that the Reasonable Workload Committees provide a structured and
transparent forum for all nurses to be genuinely consulted about workload
matters through an appropriate mechanism; contribute to the decision
making process; and have the ability to resolve disputes about
workloads, should they arise, through the committee process and provisions in
this award.
(vi) Structure of Reasonable Workload Committees
(a) Upon
request by the Association, nurse(s) employed in a public hospital, or public
health organisation or the employer, a Reasonable Workload Committee will be
established for the relevant public hospital or public health organisation. Such requests will be made to the Chief
Executive Officer of the public health organisation. Where circumstances
warrant and are conducive to the efficient delivery of services, a Reasonable
Workload Committee may be established by agreement between the Association and
the employer that covers more than one public hospital or public health
organisation.
(b) Upon
request by the Association or an employer a reasonable workload committee will
also be established for the relevant Local Health District or Statutory Health
Corporation.
(c) Each
Reasonable Workload Committee will comprise equal representation of employees
and the employer. Employee
representation will be determined by the Association. Employer representation will be determined by
the employer as appropriate. Committee size will be determined by agreement
between the Association and the employer.
Every endeavour will be made to minimise the size of the committee, with
provision to co-opt additional assistance that may be required on an ‘as needs’
basis.
(d) The
committees will meet with a frequency determined by each committee, having
regard to issues and information to hand.
(e) The
committee members and the parties they represent will make every endeavour to
reduce or eliminate any duplication of subject matter and coverage with
pre-existing structures and consultative mechanisms. Every effort will also be taken to ensure the
most efficient meeting arrangements are instituted for operation of the
committees and to minimise disruption to nurses’ rosters. The committee members and the parties they
represent will make every endeavour to ensure that any additional time and
information imposts arising from the operations of the committee are minimised.
(f) To
enable members of reasonable workload committees to discharge the committee’s
role and carry out their responsibilities, attendance at committee meetings and
reasonable preparation time will be deemed to be time on duty and remunerated
accordingly. Wherever possible, this
time should occur during the ordinary hours of work.
(vii) Grievances in relation to workload
(a) Notwithstanding
the provisions specified in subclauses (ii) to (iii) of clause 48, Disputes, in
this award, the following procedure will apply to resolve workload grievances
or staffing grievances directly arising from nursing workload issues.
(b) A
grievance in relation to such matter will first be raised at the local
ward/unit level with the Nursing/Midwifery Unit Manager responsible (or the
appropriate manager).
(c) If
the matter remains unresolved, it should be referred to the appropriate
Nurse/Midwife Manager, Director of Nursing or Local Health District Director of
Nursing, depending on the nursing executive structure of the public hospital or
public health organisation in which the grievance has arisen.
(d) If
the matter remains unresolved, it should be referred to the appropriate public
hospital/public health organisation reasonable workload committee for
consideration and recommendation to management.
If the matter cannot be resolved by this committee, the issue may be
referred to a Local Health District or Statutory Health Corporation committee
under paragraph (v)(b).
(e) If
the matter remains unresolved, it should be dealt with in accordance with the
provisions of subclauses (iv) to (ix) of clause 48, Disputes, in this award.
54.
Trade Union Activities
A. Trade Union Activities regarded as
On-Duty
An
Association delegate will be released from the performance of normal duty when
required to undertake any of the activities specified at (i)
to (viii) below.
While
undertaking such activities on a normal rostered day on duty, the Association
delegate will be regarded as being on duty and will not be required to apply
for leave. The delegate will not be entitled to overtime at the end of the
roster cycle as a consequence of undertaking these
activities.
In
circumstances where an Association delegate is not rostered for duty or is on
an allocated/additional day off and is not required by the employer to
undertake these activities, such time will not be counted as time worked.
(i) Attendance at meetings of the
workplace's Work Health and Safety Committee and participation in all official
activities relating to the functions and responsibilities of elected Work
Health and Safety Committee representatives at a place of work as provided for
in the Work Health and Safety Act 2011 (NSW), as amended or replaced
from time to time;
(ii) Attendance at meetings with workplace management or workplace
management representatives;
(iii) A reasonable period of preparation time, before:
(a) meetings
with management;
(b) disciplinary
or grievance meetings when an Association member requires the presence of an
Association delegate; and
(c) any
other meeting with management,
by
agreement with management, where operational requirements allow the taking of
such time.
(iv) Giving evidence in court on behalf of the employer;
(v) Presenting
information on the Association and Association activities at induction sessions
for new staff. The Association will have up to one half-hour made available for
a presentation in such a program provided to employees. If such programs are
provided to employees by electronic or remote means, the union’s presentation
and associated literature will also be included; and
(vi) Distributing official Association publications or other
authorised material at the workplace, provided that a minimum of 24 hours notice is given to workplace management, unless
otherwise agreed between the parties. Distribution time is to be kept to a
minimum and is to be undertaken at a time convenient to the workplace.
B. Trade Union Leave Activities
The
granting of trade union leave with pay will apply to the following activities
undertaken by an Association delegate, as specified below: -
(i) annual or biennial conferences of the Association;
(ii) meetings of the Association's Executive, or Councils;
(iii) annual conference of Unions NSW and the Congress of the
Australian Council of Trade Unions;
(iv) attendance at meetings called by the Unions NSW involving the
Association which requires attendance of a delegate;
(v) attendance
at meetings called by the Director-General of Health/Health Service, as the
employer for industrial purposes, as and when required;
(vi) giving evidence before an Industrial Tribunal as a witness for
the Association;
(vii) reasonable travelling time to and from conferences or meetings to
which the provisions of Parts A, B and C of this clause apply.
C. Trade Union Training Courses
The
following training courses will attract the grant of paid trade union leave as
specified below:
(i) accredited Work Health and Safety
(WH&S) courses and any other accredited WH&S training for WH&S
Committee members. The provider(s) of accredited WH&S training courses and
the conditions on which paid trade union leave for such courses will be granted
will be negotiated between the Chief Executive and the Association.
(ii) courses organised and conducted by the Australian Council of
Trade Unions or by the Association or a training provider nominated by the
Association. A maximum of 12 working days in any period of 2 years applies to
this training and is subject to:
(a) the
operating requirements of the workplace permitting the grant of leave and the
absence not requiring employment of relief staff;
(b) payment
being at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc.;
(c) the
employer not being responsible for any travelling and associated expenses
incurred in attending such courses;
(d) attendance
being confirmed in writing to the employer by the Association or a nominated
training provider."
D. On-Loan Arrangements
Subject
to the operational requirements of the workplace, "on loan"
arrangements will apply to the following activities:
(i) meetings interstate or in NSW of a
Federal nature to which an Association member has been nominated or elected by
the Association:
(a) as
an Executive Member; or
(b) a
member of a Federal Council; or
(c) as
a member of a vocational or industry committee.
(ii) briefing counsel on behalf of the Association;
(iii) assisting Association officials with preparation of cases or any
other activity outside their normal workplace at which the delegate is required
to represent the interests of the Association;
(iv) country tours undertaken by a member of the executive or
Council of the Association;
(v) taking
up of full time duties with the Association (excluding
Elected Office);
(vi) the following financial arrangements apply to the occasions
when a staff member is placed "on loan" to the Association:
(a) the
employer will continue to pay the delegate or an authorised Association
representative whose services are "on loan" to the Association;
(b) the
employer will seek reimbursement from the Association at regular intervals of
all salary and associated on costs, including superannuation;
(c) agreement
with the Association on the financial arrangements, including agreement on
leave matters, must be reached before the on loan
arrangement commences and must be documented in a manner negotiated between the
Chief Executive of the Health Service and the Association.
(vii) "On loan" arrangements negotiated in terms of this
clause are to be regarded as service for the accrual of all leave, for
incremental progression and for continuity of employment purposes.
(viii) On loan arrangements may apply to full-time or part-time staff and
are to be kept to the minimum time required. Where the Association needs to
extend an on loan arrangement, the Association will
approach the Chief Executive in writing for an extension of time well in
advance of the expiration of the current period of on loan arrangement.
(ix) Where the Chief Executive and the Association cannot agree on
the on loan arrangement, the matter is to be referred
to the Director-General of Health for determination after consultation with the
Chief Executive and the Association."
E. Period of Notice for Trade Union
Activities
The
Chief Executive or their nominee must be notified in writing by the Association
or, where appropriate, by the accredited delegate as soon as the date and/or
time of the meeting, conference or other accredited activity is known.
F. Access to Facilities by Trade Union
Delegates
The
workplace will provide accredited delegates with reasonable access to the
following facilities for authorised Association activities:
(i) telephone, facsimile and, where
available, email facilities;
(ii) a notice board for material authorised by the Association or
access to staff notice boards for material authorised by the Association;
(iii) workplace conference or meeting facilities, where available, for
meetings with member(s), as negotiated between local management and the
Association."
G. Responsibilities of the Trade Union
Delegate
Responsibilities
of the delegate are to:
(i) establish accreditation as a delegate
with the Association and provide proof of accreditation to the workplace;
(ii) participate in the workplace consultative processes, as appropriate;
(iii) follow the dispute settling procedure applicable in the workplace;
(iv) provide sufficient notice to the immediate supervisor of any
proposed absence on authorised Association business;
(v) account
for all time spent on authorised Association business;
(vi) when trade union leave is required, to apply for that leave in advance;
(vii) distribute Association literature/membership forms, under local
arrangements negotiated between the Chief Executive and the Association; and
(viii) use any facilities provided by the workplace properly and
reasonably as negotiated at organisational level."
H. Responsibilities of the Trade Union
Responsibilities
of the Association in respect of trade union activities are to:
(i) provide written advice to the Chief
Executive about an Association activity to be undertaken by an accredited
delegate and, if requested, to provide written confirmation to the workplace
management of the delegate's attendance/participation in the activity;
(ii) meet travelling, accommodation and any other costs incurred by
the accredited delegate, except as provided in subclause (iii) of Part I,
Responsibilities of Workplace Management;
(iii) pay promptly any monies owing to the workplace under a
negotiated "on loan" arrangement;
(iv) provide proof of identity when visiting a workplace in an
official capacity, if requested to do so by management;
(v) apply
to the Chief Executive of the health service well in advance of any proposed
extension to the "on loan" arrangement;
(vi) assist the workplace management in ensuring that time taken by
the Association delegate is accounted for and any facilities provided by the
employer are used reasonably and properly; and
(vii) advise employer of any leave taken by the Association delegate
during the on loan arrangement.
I. Responsibilities of Workplace
Management
Where
time is required for Association activities in accordance with this award the
responsibilities of the workplace management are to:
(i) release the accredited delegate from
duty for the duration of the Association activity, as appropriate, and, where
necessary, to allow for sufficient travelling time during the ordinary working hours;
(ii) advise the workplace delegate of the date of the next
induction session for new staff members in sufficient time to enable the
Association to arrange representation at the session;
(iii) meet the travel and/or accommodation costs properly and
reasonably incurred in respect of meetings called by the workplace management;
(iv) where possible, to provide relief in the position occupied by
the delegate in the workplace, while the delegate is undertaking Association
responsibilities to assist with the business of workplace management;
(v) re-credit
any other leave applied for on the day to which trade union leave or release
from duty subsequently applies. This does not apply where the delegate is
rostered off duty on the day she/he is required to perform Association
activities or on an allocated/additional day off duty;
(vi) to continue to pay salary during an "on loan"
arrangement negotiated with the Association and to obtain reimbursement of
salary and on-costs from the Association at regular intervals, or as otherwise
agreed between the parties if long term arrangements apply;
(vii) to verify with the Association the time spent by an Association
delegate or delegates on Association business, if required; and
(viii) if the time and/or the facilities allowed for Association
activities are thought to be used unreasonably and/or improperly, to consult
with the Association before taking any remedial action.
J. Travelling and other Costs of Trade
Union Delegates
(i) Except as specified in subclause (iii)
of Part I, Responsibilities of Workplace Management of this award, travel and
other costs incurred by accredited Association delegates in
the course of Association activities will be paid by the Association.
(ii) In respect of meetings called by the workplace management in
terms of subclause (iii) of Part I, Responsibilities of Workplace Management of
this award, the payment of travel and/or accommodation costs, properly and
reasonably incurred, is to be made, as appropriate, on the same conditions as
apply under clause 20, Mobility, Excess
Fares and Travelling, of this award and relevant Circulars.
(iii) No overtime, leave in lieu, shift penalties or any other
additional costs will be claimable by a staff member from the employer, in
respect of Association activities covered by paid trade union leave or trade
union "on duty" activities provided for in this award.
(iv) The "on loan" arrangements will apply strictly as
negotiated and no extra claims in respect of the period of on loan will be made
on the employer by the Association or the staff member.
55.
Learning and Development Leave
(i) Definitions
The
following definitions apply in this clause:
"Learning
and Development Leave" includes leave granted to undertake tertiary
studies at an accredited education institution and includes leave for
examinations, or leave granted to attend external activities, such as
conferences, seminars and short courses. Employees may also attend lectures,
tutorials, conferences or seminars on days they are not rostered for duty, for
which no payment is made.
Leave
is not required for the following types of employer-supported learning
activities that are undertaken by employees on a routine basis, and at which
employees are considered to be ‘on duty’:
• in-house courses or activities
• mandatory training and education
"Educational
institutions" are those accredited to provide undergraduate and/or
postgraduate tertiary studies that culminate in a recognised academic and/or
professional qualification including a degree, diploma or certificate.
(ii) General
(a) Learning
and development is a shared responsibility between the organisation and the
individual. Employees should be prepared to pursue their own development
and the organisation should promote an environment that supports individual
initiative.
(b) The
Secretary of Health is responsible for setting policy direction to ensure that
all employees receive appropriate learning opportunities.
(c) Chief
Executives of Health Services are responsible and accountable for ensuring that
employees receive appropriate learning opportunities in line with the present
and future needs of the Health Service. Chief Executives are also responsible
for allocating an appropriate budget for learning activities, which may include
replacement costs for rostered staff who are on leave to attend an approved
workshop, conference or tertiary studies.
(d) Managers
and supervisors are responsible and accountable for promoting and supporting
learning activities for staff in their area of responsibility. Managers and
supervisors are also responsible for arranging replacement staff, when
necessary, for employees who may be attending learning activities. Managers and
supervisors must advise all employees of the protocol for review procedures
relating to non-approval of Learning and Development Leave.
(e) Nurses
wishing to attend a part time postgraduate course of study who are working
shift work are to be given priority in being released from rostered shifts to
attend lectures/tutorials where there are no alternative and feasible
attendance options. Replacement of staff should be provided where appropriate.
This applies only to further studies that lead to a recognised clinical
qualification.
(f) Employees are responsible for meeting all fees/costs
associated with tertiary studies and fees associated with other educational activities
unless the Health Service offers scholarships or other forms of financial
assistance.
(iii) Eligibility
(a) Access
to Learning and Development Leave is at the discretion of the Health
Service. It should be made available to
all eligible employees within the Health Service to promote the development of
a highly trained, skilled and versatile workforce which is responsive to the
requirements of government and Health Service delivery.
(b) Permanent
staff who are full time or part time, and full time
temporary employees are eligible to apply for leave. Part time temporary
employees and permanent part time employees are granted leave on a pro-rata
basis. Casual staff are not eligible for this form of leave.
(iv) Types and amount of leave
(a) Seminars,
conferences and short courses
(1) The
approval of leave and/or financial assistance for attendance at seminars,
conferences or short courses should be considered in light of
the Health Service strategic plan. Employees may be granted Learning and
Development Leave or may be considered on duty depending on the priority for
this activity in the light of the Health Service Strategic Plan.
(2) The amount of leave is at the discretion of the Health Service.
Decisions in relation to financial assistance should be made in the context of
the budget and the expected benefits to the Health Service.
(b) Tertiary
Study
(1) When
developing local learning and Development Leave policy for tertiary study each
Health Service will need to advise employees of local approval arrangements.
(2) Leave
is not to be approved for failed or repeated subjects.
(c) Face
to face
(1) The
amount of leave granted is at the discretion of the Health Service. As a guide, in respect of attendance at an
educational institution, employees may be granted 50% of compulsory attendance
times up to four hours per week per semester or term.
(2) The
amount of leave to attend examinations should be based on the specific requirements
of the individual course. An employee’s request not to be rostered to work
night shift on the day prior to a scheduled morning examination should,
wherever practicable, be agreed to by the Health Service.
(d) Distance
Education
An
equivalent amount of Learning and Development Leave to that available for face to face study is to be granted to employees undertaking
distance education.
(e) Accrual
of leave
Learning
and Development Leave associated with tertiary studies may be accrued up to a
maximum of 5 days per semester or term, and may be
accrued until the last examination of the semester, or the last attendance day
of the semester if there is no final examination.
(f) Residentials
The
amount of leave to attend a compulsory residential program should be based on
the specific requirements of the course and should be negotiated at the time of
application for Learning and Development Leave.
(g) Thesis/Research
or combination Thesis/Research/Coursework
Periods
of leave may also be granted to employees undertaking higher degrees by thesis,
research, coursework, or a combination of same. The amount of leave will be
based on four hours per week for each academic year of study. Rather than being
taken on a week to week basis the leave is available
over the course of study. For example, if the higher degree takes 1 academic
year and an academic year is 30 weeks the entitlement for leave would be
calculated as 30 weeks x four hours = 120 hours available over the year. If the higher degree takes two years the amount would be 240 hours. All hours are available
over the length of the course and may be taken in amounts mutually agreeable
between the employee and the Health Service.
(v) Payment
for Leave
Leave
approved pursuant to this clause will be paid at the employee’s ordinary rate
of salary and excluding penalty rates.
56.
Career Break Scheme
(i) The career break scheme allows employees
to defer twenty percent of their salary for four years and be paid this
deferred salary in the fifth year.
(ii) Employees who apply and are approved to participate in the
career break scheme will receive 100% of their normal salary for the first four
years with a deduction equivalent to 20% of net salary (gross less tax). The
20% of net salary is deposited into a trust account in the employee’s name each
pay period for payment in the fifth year (the deferred salary leave year) and
subject to applicable taxation as required by law.
(iii) All full time and permanent part time employees are eligible to
participate in the career break scheme.
Casual and temporary employees are excluded from participation in career
break scheme. If a permanent employee is
placed into another position by way of temporary engagement or secondment
during the four years when salary is being deferred, this will not of itself
affect their continued participation in the career break scheme.
(iv) Each public health organisation will call for expressions of
interest from employees seeking to participate in the career break scheme once
each calendar year. The timing of the invitation of applications is to be
determined by the public health organisation.
(v) Each
public health organisation will determine the number of employees that may
participate in the career break scheme having regard to service delivery and
staffing levels and reserves the right to approve or not approve requests after
considering workforce needs. This will be done in consultation with employees.
The public health organisation will not unreasonably refuse any application by
an employee to participate in the career break scheme.
(vi) For members of the State Superannuation Scheme (SSS) the public
health organisation will maintain the participant’s employer contributions for
the full five year period at the rate applicable to a
person earning full salary for each of the five years. Any required personal superannuation
contributions of participants are payable at the rate applicable to 100% of
salary for each of the five years.
(vii) For members of the State Authorities Superannuation Scheme (SASS)
the public health organisation will maintain the participant’s employer
contributions for the full five year period at the
rate applicable to a person earning full salary for each of the five
years. Any required personal
superannuation contributions of participants are payable at the rate applicable
to their full salary for each of the five years.
(viii) For members of other complying funds (e.g. First State
Superannuation, HESTA, HIP) the public health organisation will cease making
employer contributions during the deferred salary leave year. The superable salary is deemed to be 100% of
the participant’s normal salary (both deferred and the remaining 80% paid) for
each of the first four years, and superannuation employer contributions are
calculated on this basis. In the deferred
salary leave year no employer contributions to superannuation are payable for
members of these funds.
(ix) Employees will continue to pay all personal employee
superannuation contributions whilst participating in the career break scheme.
The amount of such employee contributions is determined by the superannuation
scheme/fund to which the employee is contributing and personal contributions
during the deferred salary leave year are payable at the rate applicable to the
employee’s full salary.
(x) In
the deferred salary leave year, salary packaging and payroll deductions will
not be available.
(xi) The five years of the career break scheme will count as service
for the accrual of long service leave, sick leave, annual leave, salary
increments and other statutory entitlements. Any leave without pay taken by an employee whilst participating in the career
break scheme will not count for the purpose of accrual of any leave. For the purpose of determining the leave accrued in the
fifth year of the career break scheme (i.e. the deferred salary leave year) for
permanent part-time employees, the average of all hours worked (excluding
overtime) in the first four years of the career break scheme and including paid
leave taken will be used for the basis of making this calculation.
(xii) If any leave without pay is taken by an employee during the first
four years of the career break scheme, the commencement of the deferred salary
leave year will be postponed by the time the employee was absent from duty i.e.
by the number of days leave without pay taken by the employee.
(xiii) Employees are entitled to take paid leave during the first four
years of the career break scheme, subject to normal approval processes at the
public health organisation. Whilst on any paid leave the employee will be paid
in accordance with subclause (ii) of this clause.
(xiv) Employees are not entitled to take any form of leave during the
deferred salary leave year, with the exception of
Maternity and Adoption leave.
In
respect to Maternity or Adoption leave, if the deferred salary year has not yet
commenced, the employee may elect to postpone the deferred salary leave year
until after the completion of such leave (up to 52 weeks). If the employee
elects not to postpone the deferred salary leave year, they are entitled to a
lump sum payment of their normal salary for the period of paid
maternity/adoption leave. The paid maternity/adoption leave does not extend the
deferred salary leave year.
(xv) There will be no access to the deferred salary until the fifth
year unless the employee chooses to withdraw from the career break scheme.
(xvi) An employee may elect to withdraw from the career break scheme at
any time by giving reasonable notice to the employer and will be paid all
monies in the trust account.
(xvii) It is the responsibility of the employee participating in the
career break scheme to declare the interest earned on the deferred salary to
the Taxation Office. Normal government statutory charges attributed to an
individual’s deferred salary account will be paid by the employee.
(xviii) Subject to approval by the public health organisation an employee
may undertake outside employment in the deferred salary leave year. During the
deferred salary leave year, employees are not permitted to undertake work in
the NSW Health Service in positions covered by the Award. However, this does not prevent work in the
NSW Health Service in another position not covered by the Award.
(xix) Upon return to work after the deferred salary leave year an
employee will resume employment in their substantive public health system
entity position at the conclusion of their participation in the career break
scheme, being the anniversary date of commencing the deferred salary leave
year.
(xx) Employees are advised to seek independent financial advice about
participating in the career break scheme and the effect on superannuation. Comprehensive details regarding the operation
of the career break will be recorded in a written agreement between the
employee and the employer, to be signed prior to the commencement of the five year period.
(xxi) A review of the operation of this clause will occur by a date
agreed between the parties. That review
will be undertaken by the Ministry of Health and the Association and will
consider any recommendations to vary the Scheme.
57.
Supernumerary Time for New Graduates
(i) Newly
graduated Registered Nurses, Midwives and Enrolled Nurses will be provided with
a minimum of five days of clinical supernumerary time within their first 12
months of employment to support their learning and development needs.
58.
Commitments During Term of This Award
(i) The Association commits to continuing
co-operation with and, where requested, participation in, NSW Health efficiency
and productivity improvement initiatives, including those set out below:
(a) better
demand management though Medical Assessment Units, Community Service Packages,
and Community Acute/Post-Acute Care;
(b) improved
Severe Chronic Disease Management (SCDM);
(c) implementation
of Electronic Medical Records, Electronic Medication Management, and
Computerised Physician Order Entry;
(d) enhanced
Healthcare Associated Infections (HAI) control;
(e) improved
clinical hand-over procedures;
(f) reduction
in medication errors;
(g) increased
utilisation of Telehealth, enabling rural and remote hospitals to access advice
and specialised skills to minimise treatment delays and reduce patient transfers;
(h) improved
Nursing/Midwifery Unit Manager capabilities;
(i) improved Drug & Alcohol Consultation
liaison;
(j) improved
Management of Patient Deterioration;
(k) management
of ambulatory care sensitive conditions;
(l) implementing
the new rostering system, in particular co-operating in learning and applying
the new system; and
(m) continuation
of changes to ensure consistency in approach to skill mix and classifications,
including use of nurse practitioners, senior clinical nurses, enrolled nurses
and assistants in nursing. One of the
clinical areas to be reviewed to ensure appropriate skill mix is in operating
theatres.
(ii) The Association commits to continuing co-operation with and,
where requested by the Ministry, participation in, the following safety and
quality initiatives:
(a) better
discharge management planning to facilitate earlier discharges and other
improved patient flow strategies;
(b) trialling
and/or implementation of new models of care, such as Urgent Care Centres and
the Surgery Futures project, which includes establishment of high
volume short stay surgery centres and improved separation of emergency
from planned surgery;
(c) operating
theatre redesign to move procedures not needing a full operating theatre
environment to procedure rooms and ambulatory care centres;
(d) implementation
of programs to facilitate rapid assessment of patients from residential aged
care facilities;
(e) the
Pharmacy Reform program, in particular the review of
nursing roles in medication management (including transition to home and
general business processes) and implementation of any recommended changes; and
(f) operationalising
Supervision for Safety principles within existing staffing.
(iii) This commitment to co-operation is without prejudice to any
claims the Association may make covering the period from 1 July 2009 with
respect to increased productivity, work value or special case factors arising
from the provisions described above, or any response by the Ministry to such
claims.
59.
Area, Incidence and Duration
(i) This award rescinds and replaces the
Public Health System Nurses’ and Midwives’ (State) Award 2022 published 20
January 2023 (393 I.G. 1251) and all variations thereof.
(ii) This award will apply to persons engaged in the industry of
nursing.
(iii) Industry of nursing means the industry of persons engaged in New
South Wales in the profession or occupation of nursing including midwifery and
employed in or in connection with the New South Wales Health Service as defined
in section 115 of the Health Services Act 1997 (NSW) or its successors,
assignees or transmittees.
(iv) This award commences on and from 1 July 2023. It will remain in force until 30 June 2025.
(v) The
increases shown in the Schedule A commence from the first full pay period
commencing on or after (‘FFPPCOOA’) 1 July 2023 and 1 July 2024, respectively.
Schedule A
Part B
Monetary
Rates
Table 1 - Salaries
|
Description
|
FFPPCOOA 01/07/2023
Per week
$
|
FFPPCOOA 01/07/2024
Per week
$
|
|
Assistants in
Nursing / Midwifery
|
|
|
|
1st Year
|
964.70
|
993.60
|
|
2nd Year
|
995.40
|
1025.30
|
|
3rd Year
|
1026.70
|
1057.50
|
|
4th Year and
Thereafter
|
1058.40
|
1090.20
|
|
Enrolled Nurse
Without Medication Qualification
|
|
|
|
1st Year
|
1183.90
|
1219.40
|
|
2nd Year
|
1209.90
|
1246.20
|
|
3rd Year
|
1235.60
|
1272.70
|
|
4th Year
|
1261.90
|
1299.80
|
|
5th Year and
Thereafter
|
1288.60
|
1327.30
|
|
Special Grade
>08/12/1999
|
1328.70
|
1368.60
|
|
Enrolled
Nurse
|
|
|
|
1st Year
|
1209.90
|
1246.20
|
|
2nd Year
|
1235.60
|
1272.70
|
|
3rd Year
|
1261.90
|
1299.80
|
|
4th Year
|
1288.60
|
1327.30
|
|
5th Year and
Thereafter
|
1314.70
|
1354.10
|
|
Special Grade
|
1354.90
|
1395.50
|
|
Registered
Nurse / Midwife
|
|
|
|
1st Year
|
1342.50
|
1382.80
|
|
2nd Year
|
1415.30
|
1457.80
|
|
3rd Year
|
1488.40
|
1533.10
|
|
4th Year
|
1566.80
|
1613.80
|
|
5th Year
|
1644.60
|
1693.90
|
|
6th Year
|
1721.90
|
1773.60
|
|
7th Year
|
1810.50
|
1864.80
|
|
8th Year and
Thereafter
|
1884.90
|
1941.40
|
|
Clinical
Nurse Specialist
|
|
|
|
Clinical Nurse
/ Midwife Specialist
|
|
|
|
Grade 1 - 1st
Year and Thereafter
|
1961.50
|
2020.30
|
|
Grade 2 - 1st
Year
|
2107.10
|
2170.30
|
|
Grade 2 - 2nd
Year and Thereafter
|
2176.30
|
2241.60
|
|
Clinical
Nurse / Midwife Consultant
|
|
|
|
Appointed prior
to 31.12.99
|
2412.10
|
2484.50
|
|
Grade 1 - 1st
Year >31.12.99
|
2357.90
|
2428.60
|
|
Grade 1 - 2nd
Year >31.12.99
|
2406.10
|
2478.30
|
|
Grade 2 - 1st
Year >31.12.99
|
2453.70
|
2527.30
|
|
Grade 2 - 2nd
Year >31.12.99
|
2502.60
|
2577.70
|
|
Grade 3 - 1st
Year >31.12.99
|
2598.60
|
2676.60
|
|
Grade 3 - 2nd
Year >31.12.99
|
2646.90
|
2726.30
|
|
Clinical
Nurse / Midwife Educator
|
|
|
|
Year 1
|
2040.90
|
2102.10
|
|
Year 2 and
Thereafter
|
2107.10
|
2170.30
|
|
Nurse /
Midwife Educator
|
|
|
|
4th Year as at
1/7/08
|
2412.10
|
2484.50
|
|
Grade 1 - 1st
Year
|
2292.50
|
2361.30
|
|
Grade 1 - 2nd
Year and Thereafter
|
2357.90
|
2428.60
|
|
Grade 2 - 1st
Year
|
2453.70
|
2527.30
|
|
Grade 2 - 2nd
Year and Thereafter
|
2502.60
|
2577.70
|
|
Grade 3 - 1st
Year
|
2598.60
|
2676.60
|
|
Grade 3 - 2nd
Year and Thereafter
|
2646.90
|
2726.30
|
|
Nurse / Midwife
Practitioner
|
|
|
|
1st Year
|
2598.60
|
2676.60
|
|
2nd Year
|
2646.90
|
2726.30
|
|
3rd Year
|
2714.50
|
2795.90
|
|
4th Year
|
2782.40
|
2865.90
|
|
Nursing /
Midwifery Unit Manager
|
|
|
|
Level 1
|
2364.80
|
2435.70
|
|
Level 2
|
2476.80
|
2551.10
|
|
Level 3
|
2543.40
|
2619.70
|
|
Nurse / Midwife
Manager
|
|
|
|
Grade 1 - 1st
Year
|
2357.90
|
2428.60
|
|
Grade 1 - 2nd
Year and Thereafter
|
2406.10
|
2478.30
|
|
Grade 2 - 1st
Year
|
2453.70
|
2527.30
|
|
Grade 2 - 2nd
Year and Thereafter
|
2502.60
|
2577.70
|
|
Grade 3 - 1st
Year
|
2598.60
|
2676.60
|
|
Grade 3 - 2nd Year
and Thereafter
|
2646.90
|
2726.30
|
|
Grade 4 - 1st
Year
|
2743.00
|
2825.30
|
|
Grade 4 - 2nd
Year and Thereafter
|
2791.20
|
2874.90
|
|
Grade 5 - 1st
Year
|
2886.70
|
2973.30
|
|
Grade 5 - 2nd
Year and Thereafter
|
2935.60
|
3023.70
|
|
Grade 6 - 1st
Year
|
3031.80
|
3122.80
|
|
Grade 6 - 2nd
Year and Thereafter
|
3080.40
|
3172.80
|
|
Grade 7 - 1st
Year
|
3271.90
|
3370.10
|
|
Grade 7 - 2nd
Year and Thereafter
|
3320.70
|
3420.30
|
|
Grade 8 - 1st
Year
|
3513.30
|
3618.70
|
|
Grade 8 - 2nd
Year and Thereafter
|
3561.20
|
3668.00
|
|
Grade 9 - 1st
Year
|
3753.50
|
3866.10
|
|
Grade 9 - 2nd
Year and Thereafter
|
3801.90
|
3916.00
|
|
Registered
Mothercraft Nurse
|
|
|
|
9th Year
|
1599.70
|
1647.70
|
|
The mothercraft
classification applies only to persons employed in this classification as at 31 December 1988. Persons employed after that date are
classified as Enrolled Nurses. As at 30 June 2015,
all existing Registered Mothercraft Nurses were classified as Registered
Mothercraft Nurse 9th Year.
|
|
|
|
Registered
Nurse - Pre Registration
|
|
|
|
1st Year and
Thereafter
|
1157.50
|
1192.20
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Allowance
|
FFPPCOOA
01/07/2023
$
|
|
|
|
In charge of hospital
|
|
|
1
|
12(i)(a)
|
RN in charge of hospital - per shift
|
38.39
|
|
|
|
On Call
|
|
|
2
|
12(ii)(a)
|
On Call Allowance - per hour
|
4.20
|
|
2
|
12(ii)(a)
|
On Call Allowance minimum payment
|
33.60
|
|
3
|
12(ii)(b)
|
On Call Allowance on RDO - per hour
|
8.38
|
|
3
|
12(ii)(b)
|
On Call Allowance on RDO minimum
payment
|
67.04
|
|
4
|
12(ii)(c)
|
On call during meal break - per
break
|
16.52
|
|
|
|
Radiographic
|
|
|
5
|
12(iii)(a)
|
Director of Nursing performing radiographic duties - per
week
|
46.82
|
|
6
|
12(iii)(c)
|
Employee in absence of DON - per day
|
9.37
|
|
6
|
12(iii)(c)
|
Maximum payment - per week
|
46.86
|
|
7
|
12(iv)
|
Employee wearing lead apron - per
hour
|
2.33
|
|
|
|
In Charge of Ward/Hospital
|
|
|
8
|
12(v)(a) & (b)
|
RN in charge of ward - per shift
|
38.39
|
|
9
|
12(vi)
|
RN in charge of ward also in charge of hospital <100
beds - per shift
|
57.57
|
|
9(b)
|
12(ix)
|
RN in charge of ward also in charge of hospital >100
beds - per shift
|
73.59
|
|
|
|
Climatic/Isolation
|
|
|
10
|
14(i)
|
Climatic Allowance - per week
|
4.54
|
|
10
|
14(ii)
|
Isolation Allowance - per week
|
8.90
|
|
11
|
17(i)
|
Special rate for RN - Tibooburra and Ivanhoe Hospitals -
per week
|
39.98
|
|
11
|
17(i)
|
Special rate for EN, AIN - Tibooburra and Ivanhoe
Hospitals - per week
|
17.42
|
|
|
|
Justice Health
|
|
|
11a
|
17(iii)
|
Justice Health Service Environmental Allowance - per
annum
|
3366
|
|
11b
|
17(iv)
|
Justice Health Service Productivity Allowance - per week
|
82.99
|
|
|
|
Excess Fares
|
|
|
12
|
20(iv)(b)
|
Excess Fares - per day
|
6.27
|
|
|
|
Uniform and Laundry Allowance
|
|
|
13
|
23(iii)(a)
|
Uniform Allowance - per week
|
8.99
|
|
13
|
23(iii)(a)
|
Shoes Allowance - per week
|
2.78
|
|
13
|
23(iii)(a)
|
Uniform (including shoes allowance)
- per week
|
11.77
|
|
13
|
23(iii)(a)
|
Cardigan or Jacket Allowance - per
week
|
2.70
|
|
14
|
23(iv)
|
Laundry Allowance - per week
|
7.49
|
|
|
|
Accommodation and Board
Deductions
|
|
|
15
|
38(iii)(a)
|
Separate bedroom - per week
|
80.37
|
|
15
|
38(iii)(b)
|
Self-contained flat - per week
|
97.93
|
|
16
|
38(iv)
|
Deduction for meals - per week
|
173.48
|
|
17
|
38(v)(b)
|
Breakfast - per meal
|
5.86
|
|
17
|
38(v)(b)
|
Other meals - per meal
|
10.68
|
|
|
|
CSSD
|
|
|
18
|
12(viii)
|
EN employed in CSSD unit with CSSD Cert - per week
|
18.20
|
|
|
|
Flight Nurses
|
|
|
19
|
17(v)
|
Industry Allowance, Flight Nurses, Ambulance Service -
per week
|
18.58
|
|
|
|
Continuing Education Allowance
(CEA)
|
|
|
20
|
13(ii)
|
CEA - Post Registration Hospital Certificate - per week
|
44.70
|
|
21
|
13(iii)
|
CEA - Post Graduate Certificate -
per week
|
44.70
|
|
22
|
13(iv)&(x)
|
CEA - Post Graduate Diploma or
Degree - per week
|
67.20
|
|
23
|
13(v)&(x)
|
CEA - Masters Degree or
Doctorate - per week
|
80.70
|
|
24
|
13(vii)
|
CEA - Enrolled Nurse Certificate 4 -
per week
|
32.20
|
|
25
|
13(viii)
|
CEA - Enrolled Nurse Advanced Diploma of Nursing
(Enrolled/Division 2 Nursing) - per week
|
40.50
|
SCHEDULE 1: NURSE/MIDWIFE MANAGERS
A registered
nurse/midwife who:
Grade 1
(a) participates
in the management of the nursing service as the Deputy Nurse Manager in a small
health facility or hospital and is responsible to an on-site Nurse Manager;
(b) supervises
the nursing services in a small health facility or hospital on evenings, nights
and/or weekends (where such a position exists as a separate and substantive
position)
Grade 2
(a) supervises
the nursing services in a health facility or hospital greater than 100 ADA on
evenings, nights and/or weekends;
(b) participates
in the management of the nursing service of a small health facility or hospital
as the Deputy Nurse Manager, and is responsible to a nurse manager who has
responsibility for the management of two or more hospitals;
(c) co-ordinates
and manages a function, service or section (including a ward and/or unit or
community nursing service) within a health facility or hospital.
Grade 3
(a) co-ordinates
and manages a nurse education service of a hospital or group of hospitals or
health facility, supervising at least one other nurse educator (provided that
the requirement to be responsible for one or more nurse educators will not
apply in the case of an employee who is regarded by his or her employer as a
resource person for other nurse educators or who is a sole educator for that
nurse education service);
(b) participates
in the management of nursing services as the Deputy Nurse Manager in a
medium-sized health facility or hospital (other than a tertiary referral
teaching hospital);
(c) is
responsible for the management of nursing services in a small health facility
or hospital;
(d) is
the on-site executive officer in addition to responsibility for the management
of nursing services in a facility or hospital generally not exceeding 10 ADA;
(e) co-ordinates
and manages a complex function, service or section (including a large and/or
complex ward and/or unit or community nursing service) within a health facility
or hospital.
Grade 4
(a) participates
in the management of nursing services as the Deputy Nurse Manager in a complex
hospital (other than a tertiary referral teaching hospital);
(b) is
responsible for the overall management of nursing services across a group of
small hospitals or facilities or health services;
(c) co-ordinates
and manages a hospital wide function or service in a tertiary referral teaching
hospital.
Grade 5
(a) is
responsible for nursing operations in a major clinical division (for example,
surgery or medicine) of a teaching hospital (other than a tertiary referral
teaching hospital);
(b) co-ordinates
and manages a complex nurse education function;
(c) is
the on-site executive officer in addition to responsibility for the management
of nursing services in a facility or hospital (or group) generally greater than
10 ADA and generally not exceeding 30 ADA;
(d) is
responsible for management of nursing services in a medium sized health
facility or hospital;
Grade 6
(a) is
the on-site executive officer in addition to responsibility for the management
of nursing services in a facility or hospital (or group) generally greater than
30 ADA and generally not exceeding 75 ADA;
(b) is
responsible for the management of nurse education in a Local Health District
where the largest hospital in the District is less than 250 ADA;
(c) participates
in the management of the nursing services as the Deputy Nurse Manager in a
tertiary referral teaching hospital;
(d) is
responsible for nursing operations in a major clinical division of a tertiary
referral teaching hospital;
(e) is
responsible for management of nursing services in a medium sized health
facility or hospital.
Grade 7
(a) is
responsible for the management of nursing services in a complex hospital;
(b) is
responsible for the management of nursing services across a group of
medium-sized hospitals or facilities or health services;
(c) is
responsible for the management of nurse education in a Local Health District
where the largest hospital in the District has an ADA greater than 250.
Grade 8
(a) is
responsible for the overall management of nursing services across a group of
complex hospitals or facilities or health services;
Grade 9
(a) is
the Local Health District Director of Nursing Services in a rural Local Health District;
(b) is
responsible for the nursing services in a major teaching hospital providing
tertiary referral services.
CORE KNOWLEDGE
AND SKILLS
|
GROUP
|
Leadership
|
Communication
|
Knowledge
|
Performance Management
|
Planning
|
Resource Management
|
|
Grade 1
|
Ability to provide leadership as a resource person and role
model in the clinical setting and in professional relationships and act as a
mentor for less experienced staff
|
Ability to represent nurses and consult with staff and other health
professionals appropriately.
Ability to identify to and mediate potential and actual
conflict between individuals.
|
Ability to utilise and share knowledge and skills relating to
nursing practice.
Ability to contribute to and utilise research.
|
Ability to assess the competence of staff,
and identify strengths and limitations.
Ability to facilitate professional development of staff. Ability
to facilitate activities which enhance the practice of staff.
|
Ability to set goals, formulate and implement plans to achieve
identified outcomes.
Ability to contribute to the Implementation of organisational
change.
|
Ability to effectively allocate and manage resources and set nursing
priorities.
|
|
Grade 2
|
Ability to lead the development of policy relating to nursing practice
and provide leadership through direction and support to staff.
|
|
Ability to acquire and utilise a sound and contemporary
knowledge of nursing professional and management issues.
|
|
Ability to contribute to an operational plan for the nursing
service and coordinate the process of organisational change.
|
Ability to develop, monitor and evaluate nursing resource allocation.
|
|
Grade 3
|
Ability to develop leadership and management potential in staff.
Ability to identify the need for and initiate the development
of policy relating to the nursing service.
|
Ability to utilise a broad range of communication skills
selectively in a variety of settings.
|
Ability to facilitate the acquisition of knowledge by
individuals and groups.
|
Ability to undertake planning for and monitor performance in
areas of responsibility for both individuals and teams.
Ability to undertake a range of performance management
activities appropriately
|
Ability to develop an operational plan for the nursing
service.
|
Ability to develop a staffing profile appropriate to service needs.
Ability to develop nursing service budget within prescribed parameters.
|
Grade 4
|
Ability to evaluate and adjust policy.
|
Ability to represent the nursing service inside and outside
the organisation at a local level.
Ability to identify and mediate potential and actual conflict between
groups.
|
Ability to acquire and utilise a sound and contemporary
knowledge of health management
and organisational issues.
Ability to foster quality research activities.
|
Ability to develop performance assessment indicators and skill
development tools.
|
Ability to coordinate planning across a range of services.
Ability to manage the process of organisational change, evaluate
the outcome and adjust direction.
|
Ability to identify nursing and/or health service budget requirements
and negotiate for funding allocation.
|
|
Grade 5
|
Ability to develop an environment which promotes continuous improvement
in practice.
|
Ability to manage media relations related to local issues
within a policy framework.
Ability to represent the organisation at a local level.
|
Ability to identify, evaluate and incorporate where
appropriate emerging trends within the profession of nursing.
|
Ability to coordinate performance management activities within
a range of services.
|
Ability to contribute to a strategic plan for the nursing
service.
|
|
|
Grade 6
|
Ability to develop a culture within the organisation which is open
to critical reflection and change.
|
|
|
Ability to monitor and evaluate performance management across
the organisation and identify opportunities to realise enhanced performance.
|
Ability to develop a strategic plan for the nursing service
and contribute to the development of a strategic plan for the organisation.
|
Ability to assess nursing and/or health service resource
utilisation and make recommendation
|
|
Grade 7
|
|
Ability to represent the nursing service in a range of
including State and National.
|
Ability to identify, evaluate and incorporate where
appropriate emerging trends within health care.
|
Ability to enhance organisational performance through collaboration
with other health facilities.
|
|
|
|
Grade 8
|
Ability to vision and articulate the potential for the
organisation.
|
Ability to represent the organisation at a State and National
level.
|
Ability to identify, evaluate and incorporate where
appropriate emerging trends within the broader service and business industry
which have the potential to enhance nursing and/or health
|
|
Ability to generate and develop a strategic plan for the
organisation.
|
|
|
Grade 9
|
Ability to contribute to and influence emerging trends within
nursing and health.
|
Ability to negotiate on behalf of the organisation.
|
|
Ability to enhance organisational performance through collaboration
with other organisations
both within and outside the area of health.
|
Ability to analyse the strategic plan of the organisation for continuing
relevance and adjust direction.
Ability to contribute to a strategic plan for health care in a
range of forums including at a State and National level.
|
Ability to identify additional funding sources and negotiate funding
as required.
|
Represents core knowledge
and skills. Each grade represents a higher level of function than those
beneath. An assumption is made that those at Grade 8 (for example) will already
have the knowledge and skills outlined in Grades 1-7.
SCHEDULE 2
1. The
following qualifications will attract the allowance set out in subclause (ii)
of clause 13, Continuing Education Allowance.
In addition to the qualifications listed below, a qualification deemed
to be equivalent by agreement between the Ministry and the Association will
attract the allowance set out in subclause (ii) of clause 13, Continuing
Education Allowance.
|
Clinical Speciality
|
Course
|
Institution
|
|
Cardiology/Coronary Care
|
Cardio-Thoracic Diseases Nursing Certificate
|
Randwick Chest Hospital
|
|
Royal North Shore Hospital
|
|
Royal Prince Alfred Hospital
|
|
St Vincent’s Hospital, Darlinghurst
|
|
Cardiology Nursing Certificate
|
Parramatta Hospitals, Westmead
|
|
Cardio-Vascular and Respiratory Course
|
Royal Newcastle Hospital
|
|
Cardiology Nursing Certificate
|
Parramatta Hospitals, Westmead
|
|
Cardio-Vascular and Respiratory Course
|
Royal Newcastle Hospital
|
|
Cardiac Nursing Course
|
Royal North Shore Hospital
|
|
Royal Prince Alfred Hospital
|
|
St Vincent’s Hospital, Darlinghurst
|
|
Royal Melbourne Hospital
|
|
National Heart and Chest Hospital, London
|
|
Coronary Care Unit Certificate
|
Prince Henry’s Hospital Melbourne
|
|
Cardio-Thoracic Vascular Nursing Course
|
Green Lane Hospital, New Zealand
|
|
Cardiothoracic Nursing Course
|
Freeman Hospital, Newcastle-Upon-Tyne, U.K.
|
|
Groby Road Hospital, Leicester, U.K.
|
Community Health
|
Public Health Nursing Diploma
|
College of Nursing, Australia
|
|
Health Visitors Certificate
|
The Royal Sanitary Institute, U.K.
|
|
Critical Care
|
Critical Care Nursing Certificate
|
Prince Henry, Prince of Wales Hospitals
|
|
Emergency Nursing Course
|
Liverpool Hospital
|
|
Critical Care Nursing Course
|
Geelong Hospital
|
|
Waikato Hospital, New Zealand
|
|
Developmental Disability
|
Mental Retardation Certificate
|
NSW Nurses Registration Board
|
|
Developmental Disability Certificate
|
|
|
Any Developmental disability certificate accepted for
registration as a developmental disability nurse prior to 1985 by the NSW
Nurses Registration Board in addition to the qualification entitling
registration by the Nurses and Midwives Board.
|
|
Geriatrics
|
Geriatric Certificate
|
NSW Nurses Registration Board
|
|
Intensive Care
|
Intensive Care Nursing Certificate
|
Royal Newcastle Hospital
|
|
Liverpool District Hospital
|
|
Royal Prince Alfred Hospital
|
|
St George Hospital
|
|
St Vincent’s Hospital, Darlinghurst
|
|
Northern Met Region, Health Dept
|
|
Southern Met Region, Health Dept
|
|
Sydney Hospital
|
|
RGH, Concord
|
|
Central Coast Area Health Service
|
|
Royal Hobart Hospital
|
|
Royal Perth Hospital
|
|
St Vincent’s, Melbourne
|
|
Canberra Hospital
|
|
Intensive Care Nursing and Ward Management Diploma
|
College of Nursing, Australia
|
|
The Parramatta Hospitals, Westmead
|
|
NSW College of Nursing
|
|
Intensive Care Unit Certificate
|
Prince Henry’s Hospital, Melbourne
|
|
Mental Health
|
Psychiatric Certificate
|
NSW Nurses Registration Board
|
|
Any mental health certificate accepted for registration as a
mental health nurse prior to 1985 by the NSW Nurses Registration Board additional
to the qualification entitling registration by the Nurses and Midwives Board.
|
|
Psychiatric Nursing Certificate
|
Metropolitan and Eastern School of Psychiatric Nursing,
Victoria
|
|
|
Western Area College of Nursing, Ireland
|
|
Advanced Diploma in Nursing (Mental Health)
|
Christchurch Polytechnic, New Zealand
|
|
Mentally Ill Qualification
|
Prestwick Hospital, Manchester, U.K.
|
|
Southern Area Group School of Nursing, U.K.
|
|
|
Mental Illness Nursing certificate
|
Bromley Health Authority, U.K.
|
|
Midwifery
|
Midwifery Certificate
|
NSW Nurses and Midwives Board
|
|
Any midwifery certificate accepted for registration as a
midwife by the Nurses and Midwives Board additional to the qualification
entitling registration as a registered nurse.
|
|
Neurology
|
Neurology and Neurosurgical Nursing Certificate
|
Royal Prince Alfred Hospital
|
|
Melbourne Hospital
|
|
Neuromedical/Neurosurgical Nursing
Course
|
Royal North Shore Hospital
|
|
Prince Henry/Prince of Wales Hospitals
|
|
Westmead Hospital
|
|
Neuro-Surgical Nursing Certificate
|
Royal Perth Hospital
|
|
Certificate in Neuro-Surgical and Neurological Nursing
|
Alkinson-Morley Hospital, London
|
|
Occupational Health
|
Public Health Nursing (Occupational Health) Diploma
|
College of Nursing, Australia
|
|
Oncology
|
Oncology Certificate
|
Peter MacCallum Clinic, Melbourne
|
|
Operating Theatres
|
Operating Suite Nurse Course
|
Westmead Hospital
|
|
Operating Theatre Nursing Certificate
|
Prince Henry, Prince of Wales Hospitals
|
|
Royal North Shore Hospital
|
|
Royal Prince Alfred Hospital
|
|
St Vincent’s Hospital Darlinghurst
|
|
Hunter Region, Health Dept
|
|
Royal Hobart Hospital
|
|
Kent and Canterbury Hospitals, U.K.
|
|
Operating Theatre Nursing and Management Diploma
|
College of Nursing Australia
|
|
NSW College of Nursing
|
|
Post basic Course in Operating Room Nursing
|
RGH, Concord
|
|
Graduate Certificate in Perioperative Nursing
|
Liverpool
Hospital
|
|
Graduate Certificate in Anaesthetic and Recovery Nursing
|
Liverpool
Hospital
|
|
Operating Room Nursing Certificate
|
Royal Adelaide
Hospital
|
|
Operating Room Post Basic Course
|
Western General
Hospital,
|
|
Operating Room Technique and Management
|
Melbourne
Repatriation and General Hospital, Heidelberg, Victoria
|
|
Operating Theatre Techniques and Management Certificate
|
St Vincent’s
Hospital, Melbourne
|
|
Operating Theatre Techniques Certificate
|
Royal Melbourne
Hospital
|
|
South African
Nursing Council
|
|
Middlesex
Hospital, U.K.
|
|
Operating Theatre Nursing Course
|
Epsom District
Hospital, London
|
|
Nottingham School
of Nursing, U.K.
|
|
Operating Department Nursing Certificate
|
East Berkshire
School of Nursing, U.K. Wexham Park Hospital, Slough, Berkshire, U.K.
Lewisham School of Nursing, London Queen Elizabeth School of Nursing,
Birmingham, U.K.
|
|
Operating Department Nursing Course
|
English National
Board for Continuing Education and Training, Hillington Health Authority,
U.K.
|
|
Ophthalmology
|
Ophthalmic Nursing Certificate
|
Sydney Hospital
|
|
Orthopaedics
|
Certificate in Orthopaedic Nursing
|
Moorefields Hospital, London Royal National Orthopaedic
Hospital, London and Stanmore, Middlesex Heathwood Hospital, Ascot, U.K.
|
|
Orthopaedic Nursing Certificate
|
Gartnavel General Hospital, Glasgow, U.K. Nuffield
Orthopaedic Centre, Oxford, U.K.
|
|
Princess
Elizabeth Orthopaedic Hospital, U.K.
|
|
Basingstoke North
Hampshire Health Authority, U.K.
|
|
Orthopaedic Nursing Course
|
Robert Jones and
Agnes Hunt Orthopaedic Hospital, U.K.
|
|
Paediatrics
|
Infants Certificate
|
NSW Nurses
Registration Board
|
|
Mothercraft Certificate
|
|
|
Renal
|
Renal Diseases and Transplantation Certificate
|
Prince Henry,
Prince of Wales Hospitals Royal Newcastle Hospital
|
|
Royal Prince
Alfred Hospital
|
|
Sydney Hospital
|
|
Nephrology, Dialysis and Transplant Nursing Certificate
|
Royal North Shore
Hospital
|
|
Graduate Certificate in Renal Nursing
|
Liverpool
Hospital
|
|
Renal Nursing Certificate
|
Guys Hospital,
London
|
|
St Mary’s
Hospital, London
|
|
Renal Nursing Course
|
The London
Hospital
|
|
Thoracic
|
Thoracic Nursing Certificate
|
The British
Thoracic Association
|
SCHEDULE 3
1. The
following qualifications will attract the allowance set out in subclause (vii) of
clause 13, Continuing Education Allowance. In addition to the qualifications
listed below, a qualification deemed to be equivalent by agreement between the
Ministry and the Association will attract the allowance set out in subclause
(vii) of clause 13, Continuing Education Allowance.
|
Clinical Speciality
|
Course
|
Institution
|
|
Paediatrics
|
Mothercraft
Certificate
|
NSW Nurses and
Midwives Board.
(In addition to the
qualification entitling enrolment by the Nurses and Midwives Board.)
|
____________________
Printed by the authority of the
Industrial Registrar.