Local Government, Aged, Disability and Home Care (State) Award
AWARD REPRINT
This reprint of the
consolidated award is published under the authority of the Industrial Registrar
pursuant to section 390 of the Industrial Relations Act 1996, and
under clause 6.6 of the Industrial Relations Commission Rules 2022.
I certify that the form of
this reprint, incorporating the variations set out in the schedule, is correct
as at the latest date of effect therein mentioned.
K. JONES, Industrial Registrar
Schedule of Variations Incorporated
Variation Serial No.
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Date of Publication
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Effective Date
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Industrial Gazette Reference
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Volume
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Page No.
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C9927
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14 March 2025
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01 September
2024
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397
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1097
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PART A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Definitions
3. Anti-Discrimination
4. Employment Classifications
5. Wages
6. Hours
7. Roster of Hours
8. Meals
9. Overtime
10. Permanent Part-time Employee
11. Casual Employee
12. Temporary Employment
13. Climatic and Isolation Allowances
14. Penalty Rates and Shift Allowances
15. Allowances for Special Working Conditions
16. Public Holidays
17. Annual Leave
18. Annual Leave Loading
19. Long Service Leave
20. Sick Leave
21. Personal/Carer’s Leave
22. Compassionate Leave
23. Leave Without Pay
24. Payment and Particulars of Wages
25. Service Allowance
26. Leading Hands
27. Higher Duties
28. Uniforms and Protective Clothing
29. Sleepovers
30. Live-in
31. Grievance and Dispute Resolution
Procedures
32. Attendance at Meetings
33. Labour Flexibility & Mixed Functions
34. Promotions and Appointments
35. Emergency Telephone Calls
36. Parental Leave
37. Repatriation Leave
38. Union Representative
39. Apprentices
40. Redundancy
41. Termination of Employment
42. Notice Board
43. Accommodation and Amenities
44. Inspection of Lockers
45. Consultative Arrangements
46. Training
47. Leave reserved
48. Reasonable Hours
49. Secure Employment
50. Superannuation
51. Area, Incidence and Duration
PART B
Table 1 - Monetary
Rates
Table 2 - Other
Rates and allowances
Schedule A -
Traineeships
Schedule B - Allocation
of Trainees to Wage Levels
2. Definitions
"Adult Service" - means service with an employer
during which the worker received a rate of pay not less than the lowest rates
fixed by this award for an adult, in the same classification as the worker, or
the employee is on the age scale at 18 years and over.
"Day Worker" - means an employee who works their
ordinary hours from Monday to Friday inclusive and who commences work on such
days at or after 6:00 a.m. and at or before 10:30 a.m., otherwise than as part
of a shift system.
"Defined Benefit Member" has the meaning given by
the Superannuation Guarantee (Administration) Act 1992 (Cth)
"Dietitian" means a person employed in the
industry of dietetics who has qualifications acceptable to the Dietitians
Association of Australia and who is eligible for full membership of the said
Association.
"Engagement" - means time that an employee is
engaged in homecare services with the client/s joined by the time taken to
travel between clients, meal breaks, and rest periods, including overtime
worked continuously after the engagement.
"Homecare Residence" - means the homecare client’s
place of abode.
"Ordinary Pay" - includes base pay and over-award
payments for ordinary hours of work; Climatic and Isolation allowances; Leading
Hand allowance; and Service allowance. It does not include shift or weekend
penalties.
"School Based Apprentice" is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in
the Higher School Certificate. The school based apprenticeship may commence upon the completion
of the Year 10 School Certificate exams.
Such school based apprenticeships are
undertaken at a minimum Certificate III Australian Qualifications Framework
(AQF) qualification level as specified in the relevant Vocational Training
Order pursuant to the Apprenticeship and Traineeship Act 2001.
"Shift Worker" - means an employee who is not a
day worker as defined.
"Union" - means Health Services Union - NSW.
"Therapist" shall mean and shall include:
(1) "Physiotherapist"
means an officer holding current registration or eligibility for
Physiotherapist with the Australian Health Practitioner Regulation Agency.
(2) "Occupational
Therapist" means an officer holding current registration or eligibility as
an Occupational Therapist with the Australian Health Practitioner Regulation
Agency. From 1 July 2012, must hold general registration with the Occupational
Therapy Board of Australia.
(3) "Speech
Pathologists" means an officer employed in the industry of speech
pathology who has qualifications acceptable to the NSW Branch of Speech
Pathology Australia.
(4) "Music Therapist"
means an officer employed in the industry of music therapy.
(5) "Social Worker"
means an officer holding a Bachelor Degree in Social Work
or Master’s Degree in Social Work (qualifying) which provides eligibility for
membership of the Australian Association of Social Workers.
(6) "Diversional
Therapist" - shall mean a person who provides, facilitates and
co-ordinates group and individual leisure and recreational activities. This person must be a graduate from an
approved university course which includes: the Associate Diploma and Diploma of
Applied Science (Diversional Therapy) at the University of Sydney; Bachelor of
Applied Sciences (Leisure and Health) at the University of Sydney; Bachelor of
Applied Science (Diversional Therapy) at the University of Western Sydney,
Macarthur; the Diploma or Bachelor of Health Sciences (Leisure and Health) at
Charles Sturt University; the Associate Diploma course in Diversional Therapy
conducted by the Cumberland College of Health Sciences; or who has such other
qualifications deemed to be equivalent.
3. Anti-Discrimination
(1) It is the intention of the
parties bound by this award to seek to achieve the object in section 3(f) of
the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity,
age, and responsibilities as a carer.
(2) 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.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) 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;
(d) a party to this award from
pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(5) This clause does not create
legal rights or obligations in addition to those imposed upon the parties by
legislation referred to in this clause.
NOTES -
(a) Employers and employees may
also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing in this Act affects
... any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion."
4. Employment Classifications
The duties required to be undertaken by an employee in any
of the following classifications shall remain within that employee’s skills and
competence in accordance with Clause 33-Labour Flexibility and Mixed Functions.
Where the employer requires the employee to perform any or all of the tasks set out below, the employee must possess
relevant skill and competence to perform such tasks. Where the employee does
not possess such skills and competence, appropriate training shall be
facilitated.
(i) Care
Service Employees
(a) Grade 1
An employee who works under
limited supervision individually or in a team environment or on sleep-over.
Employees at this level work within established guidelines including compliance
with documentation requirements as determined by the employer. In some situations detailed instructions may be necessary. Indicative tasks an employee at this level
may perform are as follows.
Typical Duties
Care
Stream
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Support
Stream
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Maintenance
Stream
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Under
limited supervision, provide assistance to residents
in carrying out simple personal care tasks which shall include but not be
limited to:
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Performance
under limited supervision of the full range of Domestic duties including but
not limited to:
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Performance
under limited supervision of labouring duties associated with gardening and
general maintenance activities, including but not limited to:
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Supervise
daily hygiene e.g. assisting with showers or baths, shaving, cutting nails;
lay out clothes and assist in dressing; make beds and tidy rooms; store
clothes and clean wardrobes; assist with meals.
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General
cleaning of accommodation, food service, and general areas;
General waiting, table
service and clearing duties;
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Sweeping;
Hosing;
Garbage
collection and disposal;
Keeping
the outside of buildings clean and tidy;
Mowing
lawns and assisting the gardener in labouring.
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Assistance
in the preparation of food, including the cooking and/or preparation of light
refreshments;
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Under
direct supervision, provide assistance to a higher Grade
Care Service Employee in attending to the personal care needs of a resident.
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All
laundry duties.
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(b) Grade 2
An employee with relevant
experience who works individually or in a team environment,
and is responsible for the quality of their own work, subject to general
supervision, including compliance with documentation requirements as determined
by the employer. Indicative tasks an employee at this level may perform are as
follows.
Typical Duties
Care
Stream
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Support
Stream
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Maintenance
Stream
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Provide a wide range of
personal care services to residents, under limited supervision, in accordance
with Commonwealth and State Legislative requirements, and in accordance with
the resident’s Care Plan, including:
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Assist a higher
grade worker in the planning, cooking and preparation of the full
range of meals.
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Undertake basic repairs to
buildings, equipment, appliances, and similar items not calling for trades skills or knowledge.
Work with and undertake
limited coordination of the work of other maintenance workers. Where no tradesperson is employed, an
employee at this level may be called upon to perform tasks falling within the
scope of trades skills, provided the time involved in performing such work,
is paid at the rate of Care Service Employee Grade 3, in accordance with
Clause 33-Labour Flexibility and Mixed Functions.
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Assist
and Support residents with medication utilising medication compliance aids;
Simple
wound dressing;
Implementation
of continence programs as identified in the Care Plan;
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Drive
a Sedan or Utility.
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Perform
gardening duties.
Provide
advice on planning and plant maintenance. Attend to indoor plants, conduct
recycling and re-potting schedules
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Attend to routine urinalysis,
blood pressure, temperature and pulse checks;
Blood sugar level checks etc
and assist and support diabetic residents in the management of their insulin
and diet, recognising the signs of both Hyper and Hypo-Glycemia.
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Carry out physical
inspections of property and premises and report.
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Recognise, report and respond
appropriately to changes in the condition of residents, within the skills and
competence of the employee and the policies and procedures of the
organisation.
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Assist in the development and
implementation of resident care plans.
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Assist in the development and
implementation of programs of activities for residents, under the supervision
of a Care Service Employee Grade 3 or above, or a Diversional Therapist.
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(c) Grade 3
An employee who holds either a
Certificate Level III in Care Support Services or other appropriate
Qualification/Experience acceptable to the employer and:
is designated by the employer as
having the responsibility for leading and/or supervising the work of others; or
is required to work individually
with minimal supervision and has been designated by the employer as having
overall responsibility for a particular function within the facility.
An employee who holds appropriate
Trade Qualifications and is required to act on them. Where the work of such employee requires the
holding of a licence, the licence allowance from the applicable State trades
award shall be paid.
Employees at this level may be
required to plan, direct, and train staff and comply with documentation
requirements as determined by the employer and assist in the development of
budgets.
Indicative tasks an employee at
this level may perform are as follows.
Typical Duties
Care Stream
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Support Stream
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Maintenance Stream
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Coordinate and direct the work of staff.
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Responsible for the planning, ordering and
preparing of all meals.
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Carry out maintenance, repairs, gardening
and other tasks falling within the scope of trades skills.
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Schedule work programs on a routine and
regular basis.
Develop and implement programs of
activities for residents.
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Responsible for the provision of domestic
services.
Schedule work programs on a routine and
regular basis.
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Undertake the more complicated repairs to
equipment and appliances calling for trades skills.
Coordinate and direct the work of staff
performing gardening duties.
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Develop resident care plans.
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Coordinate and direct the work of staff.
Drive a Minibus or Larger Vehicle.
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Schedule work programs on a routine and
regular basis.
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(d) Grade 4
Level One
An employee who holds a
Certificate IV in Aged Care Work (CHC40108) or other appropriate Qualification/Experience
acceptable to the employer and is required to act on it, and
is designated by the employer as
having responsibility for leading and/or supervising the work of others in excess of that required of a CSE 3; and
is required to work individually
with minimal/ indirect supervision.
Employees at Grade 4 may be
required to exercise any/all managerial functions in relation to the operation
of the facility and comply with documentation requirements as determined by the
employer.
Indicative tasks an employee at
this level may perform are as follows.
Typical Duties
Care Stream
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Support Stream
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Maintenance Stream
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Overall
responsibility for the provision of personal care to residents.
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Coordinate
and direct the work of staff involved with the preparation and delivery of
food.
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Coordinate
and direct the work of staff performing gardening duties.
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Coordinate
and direct the work of staff.
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Schedule
work programs.
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Schedule
gardening work programs.
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Schedule
work programs.
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Where
required, let routine service contracts associated with gardening.
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Level Two
An employee who is required to deliver medication to
residents in facilities:
previously defined as Nursing
Homes (as at 31 December 2004) by the Nursing Homes
Act 1988; or
in which more than 80% of places
are "allocated high care places" as defined in the Aged Care Act
1997 (Cth).
An employee at this level must hold the following
qualifications, which may be varied from time to time by the relevant National
Vocational, Education and Training Body:
a Certificate III in Aged Care
Work (CHC30208); and
a Certificate IV in Aged Care Work
(CHC40108); and
medication module - "Provide
Physical Assistance with Medication" (CHCCS303A).
or
Hold other appropriate qualification acceptable to the
employer.
Employees at this level may be required to perform the
duties of a CSE 4 - Level 1.
(e) Grade 5
This grade shall only apply to
employees having responsibility for supervision of the entire facility.
An employee who may be required to have and use any
additional qualifications than would be required for a grade 4 employee.
Employees at this level may be
required to exercise any/all managerial functions in relation to the
operation of the Facility and comply with documentation requirements as
determined by the employer.
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"Catering Officer" -means a person who is
responsible for catering services.
"Maintenance Supervisor (Tradesperson)" - means an
employee who has trade qualifications and has overall responsibility for
maintenance at the place of employment and may be required to supervise other
maintenance staff.
"Maintenance Supervisor (Otherwise)" - means an
employee who is required to perform maintenance duties as required and who may
be required to supervise other maintenance staff and has overall responsibility
for maintenance at the place of employment.
Note: - Employees classified and paid as Recreational
Activities Officers as at 3 December 2002 be
reclassified in accordance with the new definitions of Care Services Employee.
Employees reclassified at Level 2 by virtue of the above exercise, shall be
paid at Level 3 from the effective date of this award, and continue to be so paid
whilst employed in the provision of recreational activities by their current
employer. These employees may be required to perform the duties of a Level 3
Care Services Employee where they have the skill and competence to do so.
(ii) Homecare Employees
(a) Homecare Worker
"Homecare Worker" -means
an employee who performs the duties associated with the provisions of Homecare
Services to Homecare Clients in the private residence, which may include
cleaning, child minding, gardening, handywork (within the employees
skills and competencies), cooking, laundry, shopping, personal errands,
escorting clients and associated driving, personal care services and general
upkeeping services. A Homecare Worker would not normally live at the client’s
residence for periods in excess of 48 hours.
An employee employed as a homecare
employee may be offered additional hours (over and above their guaranteed
minimum hours) at a facility and would be paid the rate applicable to the
classification worked.
An employee employed at a facility
may be offered additional hours (over and above their guaranteed minimum hours)
in homecare duties and this employee would be paid the rate applicable to that
of a homecare employee.
Grade 1
Shall mean a person without
previous relevant experience in personal care delivery. This is a trainee
level, which applies to new employees. The employer shall provide training. At
the end of a period of six months or 250 hours employment, whichever is first
completed, employees who have satisfactorily completed the requirements of
grade 1 shall progress to grade 2.
Should an employee at this grade 1
level not satisfactorily complete the requirements of grade 1, he/she shall be
notified in writing by the employer two weeks prior to the date on which he/she
would have proceeded to grade 2.
An employee may seek the
assistance of the union during these discussions and if there is a disagreement
between the parties as to the employee’s future, the matter shall be resolved
as per clause 31, Grievance and Disputes Resolution procedure.
A grade 1 employee shall work
under general supervision.
Notwithstanding the above,
employees who choose only to carry out general housekeeping duties and are not
prepared to multi skill shall be paid at this grade.
Grade 2
Shall mean a person who satisfies
the requirements of grade 1 and has progressed to grade 2.
An employee at this level shall be
competent in carrying out simple personal care, housekeeping and tasks relevant
to assisting clients to maintain their independence in their own homes and may
be required to perform the duties of Handyperson as defined.
Optional training shall be
provided to employees at the request of the employees at this level to equip
employees to apply for positions at grade 3.
Grade 2 employees may be required
to perform complex tasks required of a grade 3 employee from time to time,
within their competence, and shall be paid at the rate for grade 3 whenever
such duties are performed for periods in excess of 5
hours per week.
Where the employer requires the
employee to perform any or all of the tasks set out
below, relevant to a Grade 2 position, the employee must possess relevant skill
and competence to perform such tasks. Where the employee does not possess such
skills and competence, appropriate training shall be provided.
Typical Duties - Grade 2
Showering/Bathing.
Excepting where client has
severely limited/uncontrollable body movements;
Assisting clients to shower/bath
self or totally showering/bathing client;
Assisting with mobility or
transferring to and from shower/bath;
Assisting or transferring client
to commode chair,
Supervising children’s bath.
Bathing a baby.
Total bed bath/sponge - exception
level 3.
Toileting.
Helping people to the toilet.
Assisting people to use the toilet
by loosening clothing.
Assisting client to change own
incontinence and sanitary pads.
Assisting clients with bottles.
Assisting self-catheterisation by
holding mirror or positioning legs except where there is
severely limited/uncontrollable body movements.
Changing babies, nappies,
toileting children.
Menstrual Care.
Assisting with menstrual care.
Skin Care.
All skin care (e.g. application of
cream, rubbing pressure areas with lotion etc. except where dressings are
involved).
Grooming.
All hair care.
Limited care of nails.
Shaving;
where there are uncontrollable
body movements use electric razors only
all other shaving - electric
razors recommended.
All dressing/undressing or
assistance with dressing/undressing except where there is
uncontrollable body movements.
Oral Hygiene.
Assisting clients with their own
care of teeth or dentures.
Care of teeth and dentures for the
client by using tooth brush/tooth paste/oral solution
only.
Oral Medication.
Assisting client with or
administering liquid medicines, pills, powders, nose and eye drops.
Transferring/Mobility.
Transferring client in and out of
bed/chair/car and assisting with mobility- exceptions see level 3.
Assisting clients to turn or sit
up - exceptions level 3.
Fitting of Aids/Appliances.
Such as splints and callipers.
Therapy.
Assisting with therapy in any of
the following circumstances;
Low level of assistance is
required.
Carer/therapist is not on site and
client is able to take responsibility for the therapy or carer/therapist is on
site.
Simple instructions required
rather than specialised training knowledge.
Assistance with Eating.
Assisting where there are no
eating difficulties.
Grade 3
Shall mean a person who performs the duties of a grade 2 and
is required to directly attend to a client’s needs, as opposed to assisting the
client to do for himself/herself because of the client’s behaviour or the
client’s condition and/or household environment.
Where the employer requires the employee to perform any or all of the tasks set out below, relevant to a Grade 3
position, the employee must possess relevant skill and competence to perform
such tasks. Where the employee does not possess such skills and competence,
appropriate training shall be provided.
Grade 3 employees will be involved in on
the job training of homecare employees where required.
Typical Duties - Grade 3
Showering/Bathing.
Showering/Bathing adults and
children with severely limited/uncontrollable body movements.
Total bed bath/sponge where there
is severely limited/uncontrollable body movements or serious comfort/health
consideration.
Toileting.
Assisting in
placement/removal/emptying/care/cleaning of sheaths and leg baths.
Assisting with indwelling
catheterisation by changing collection bag and cleaning around the insertion
site.
Changing or assisting with urinary
diversion - colostomy and drainage bags.
All bowel management.
Continual caring of someone with
bowel incontinence including washing the person and changing bowel incontinence
pads.
Assisting the resident with the
sterilising of glass catheters.
Menstrual Care.
Changing tampons and sanitary
pads.
Skin Care.
Changing simple wound dressing.
Application of treatment creams to
genital area.
Nasal Care.
Cleaning noses.
Grooming.
All dressing/undressing where
there are severely limited/uncontrollable body movements.
Medication
Suppositories.
Assist and support diabetic residents
in the management of their insulin and diet and recognising the signs of both
Hyper and Hypo-Glycemia.
Transferring/Mobility.
Assisting clients to turn/sit
where clients can offer limited/no assistance with weight bearing.
Using mechanical aids to lift and
transfer clients.
Assisting clients with
transfers/mobility where:
(i) Clients
can offer limited/no assistance with weight bearing.
(ii) Careful handling is required
because of the client’s health/disability.
(iii) Some lifting or physically
awkward movement is involved for employees in transfer/mobility.
Therapy.
Assisting with therapy in any of
the following circumstances:
(i) High
degree of assistance is involved.
(ii) Employees have total responsibility
because client is unable to take responsibly for the therapy and
carer/therapist is not on site.
(iii) Specialised training
knowledge is required.
Assisting with Eating.
Assisting with eating where a risk
of choking, vomiting or other eating difficulty is involved.
(b) Live-in Homecarer
(1) Live-in Homecarer
- shall mean a homecare employee who lives at the client’s premises for a
period of 24 hours or more. For the purpose of this
sub clause a day shall be defined as a period of 24 consecutive hours.
(2) For the purposes of the rates
of pay for Live-in Homecarer which are set out as
daily rates of pay in Table 1, of Schedule B to this Award:
(A) A home care employee grade 1
shall be paid as a Live-in Homecarer grade 1;
(B) A home care employee grade 2
shall be paid as a Live-in Homecarer grade 2;
(C) A home care employee grade 3
shall be paid as a Live-in Homecarer grade 3;
(3) The terms and conditions of this
clause shall be in substitution for and not cumulative upon the entitlements in
the following clauses: Clause 6-Hours; Clause 9-Overtime; Clause 14-Penalty
Rates and Shift Allowances; Clause 16-Public Holidays.
(4) Employees required to live in
shall be provided with full board and lodging free of charge.
(5) A Live-in Homecarer
shall after each five (5) consecutive days of duty, be entitled to two (2)
consecutive days off provided that:
(A) Such days may accumulate to a
limit of six (6) and in any case must be taken at the conclusion of such
service.
(B) Where it is mutually agreed
between the employer and the employee that under such circumstances the days of
duty should continue, such days may accumulate to a limit of eight (8) to be
taken at the conclusion of such service.
(6) The rates of pay for a
live-in Homecarer take into account all incidents of
employment inherent in the work and conditions of employment of Live - in Homecarers, including but not limited to: the requirement
to reside at the client’s premises; to perform work and be available for the
performance of work at all such times of the day as the job and client’s needs
may require; and in recognition of all factors, including but not limited to,
the special pressures, responsibilities and climate inherent in the work.
(iii) Clerical & Administrative
Employees
(a) Grades:
All employees shall be graded in
one of the following grades and informed accordingly in writing within 14 days
of appointment to the position held by the employee and subsequent graded
positions.
(b) An employee shall be graded
in the grade where the principal function of his/her employment, as determined
by the employer, is of a clerical nature and is described in paragraphs (c) to
(g) of this subclause.
(c) A Grade 1 position is
described as follows:
(1) The employee may work under
direct supervision with regular checking of progress.
(2) An employee at this grade
applies knowledge and skills to a limited range of tasks. The choice of actions required is clear.
(3) Usually work will be
performed within established routines, methods and procedures that are
predictable, and which may require the exercise of limited discretion.
Indicative tasks of a Grade 1 position are:
Unit
|
Element
|
Information Handling
|
Receive and distribute incoming mail
|
|
Receive and dispatch outgoing mail
|
|
Collate and dispatch documents for bulk mailing
|
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File and retrieve documents
|
Communication
|
Receive and relay oral and written messages
|
|
Complete simple forms
|
Enterprise
|
Identify key functions and personnel
|
|
Apply office procedures
|
Technology
|
Operate office equipment appropriate to the tasks to be
completed
|
|
Open computer file, retrieve and copy data
|
|
Close files
|
Organisational
|
Plan and organise a personal daily work routine
|
Team
|
Complete allocated tasks
|
Business Financial
|
Record petty cash transactions
|
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Prepare banking documents
|
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Prepare business source documents
|
(d) A Grade 2 position is
described as follows:
(1) The employee may work under
routine supervision with intermittent checking.
(2) An employee at this grade
applies knowledge and skills to a range of tasks. The choice of actions required is usually
clear, with limited complexity in the choice.
(3) Work will be performed within
established routines, methods and procedures, which involve the exercise of
some discretion and minor decision-making.
Indicative tasks of a Grade 2 position are:
Unit
|
Element
|
Information Handling
|
Update and modify existing organisational records
|
|
Remove inactive files
|
|
Copy data on to standard forms
|
Communication
|
Respond to incoming telephone calls
|
|
Make telephone calls
|
|
Draft simple correspondence
|
Enterprise
|
Provide information from own function area
|
|
Re-direct inquiries and/or take appropriate follow-up
action
|
|
Greet visitors and attend to their needs
|
Technology
|
Operate equipment
|
|
Identify and/or rectify minor faults in equipment
|
|
Edit and save information
|
|
Produce document from written text using standard format
|
|
Shutdown equipment
|
Organisational
|
Organise own work schedule
|
|
Know roles and functions of other employees
|
Team
|
Participate in identifying tasks for team
|
|
Complete own tasks
|
|
Assist others to complete tasks
|
Business Financial
|
Reconcile invoices for payment to creditors
|
|
Prepare statements for debtors
|
|
Enter payment summaries into journals
|
|
Post journals to ledger
|
(e) A Grade 3 position is
described as follows:
(1) The employee may work under limited
supervision with checking related to overall progress.
(2) An employee at this grade may
be responsible for the work of others and may be required to co-ordinate such
work.
(3) An employee at this grade
applies knowledge with depth in some areas and a broad range of skills. Usually
work will be performed within routines, methods and procedures where some
discretion and judgement is required.
Indicative tasks of a Grade 3 position are:
Unit
|
Element
|
Information Handling
|
Prepare new files
|
|
Identify and process inactive files
|
|
Record documentation movements
|
Communication
|
Respond to telephone, oral and written requests for
information
|
|
Draft routine correspondence.
|
|
Handle sensitive inquiries with tact and discretion
|
Enterprise
|
Clarify specific needs of client/other employees
|
|
Provide information and advice
|
|
Follow-up on client/employee needs
|
|
Clarify the nature of a verbal message
|
|
Identify options for resolution and act accordingly
|
Technology
|
Maintain equipment
|
|
Train others in the use of office equipment
|
|
Select appropriate media
|
|
Establish document structure
|
|
Produce documents
|
Organisational
|
Co-ordinate own work routine with others
|
|
Make and record appointments on behalf of others
|
|
Make travel and accommodation bookings in line with given
itinerary
|
Team
|
Clarify tasks to achieve group goals
|
|
Negotiate allocation of tasks
|
|
Monitor own completion of allocated tasks
|
Business Financial
|
Reconcile accounts to balance
|
|
Prepare bank reconciliations
|
|
Document and lodge takings at bank
|
|
Receive and document payment/takings
|
|
Dispatch statements to debtors
|
|
Follow up and record outstanding accounts
|
|
Dispatch payments to creditors
|
|
Maintain stock control records
|
(f) A Grade 4 position is
described as follows:
(1) The employee may be required
to work without supervision, with general guidance on progress and outcomes
sought. Responsibility for the
organisation of the work of others may be involved.
(2) An employee at this grade
applies knowledge with depth in some areas and a broad range of skills. There
is a wide range of tasks, and the range and choice of actions required will
usually be complex.
(3) An employee at this grade
applies competencies usually applied within routines, methods and procedures
where discretion and judgement is required, for both
self and others.
Indicative tasks of a Grade 4 position are:
Unit
|
Element
|
Information Handling
|
Categorise files
|
|
Ensure efficient distribution of files and records
|
|
Maintain security of filing system
|
|
Train others in the operation of the filing system
|
|
Compile report
|
|
Identify information source(s) inside and outside the
organisation
|
Communication
|
Receive and process a request for information
|
|
Identify information source(s)
|
|
Compose report/correspondence
|
Enterprise
|
Provide information on current service provision and
resource
|
|
allocation within area of responsibility
|
|
Identify trends in client requirements
|
Technology
|
Maintain storage media
|
|
Devise and maintain filing system
|
|
Set printer for document requirements when various setups
are available
|
|
Design document format
|
|
Assist and train network users
|
|
Shutdown network equipment
|
Organisational
|
Manage diary on behalf of others
|
|
Assist with appointment preparation and follow up for
others
|
|
Organise business itinerary
|
|
Make meeting arrangements
|
|
Record minutes of meeting
|
|
Identify credit facilities
|
|
Prepare content of documentation for meetings
|
Team
|
Plan work for the team
|
|
Allocate tasks to members of the team
|
|
Provide training for team members
|
Business Financial
|
Prepare financial reports
|
|
Draft financial forecasts/budgets
|
|
Undertake and document costing procedures
|
(g) A Grade 5 position is
described as follows:
(1) The employee may be
supervised by professional staff and may be responsible for the planning and
management of the work of others.
(2) An employee at this grade
applies knowledge with substantial depth in some areas, and a range of skills, which
may be varied or highly specific. The employee may receive assistance with
specific problems.
(3) An employee at this grade
applies knowledge and skills independently and non-routinely. Judgement and
initiative are required.
Indicative tasks of a Grade 5 position are:
Unit
|
Element
|
Information Handling
|
Implement new/improved system
|
|
Update incoming publications
|
|
Circulate publications
|
|
Identify information source(s) inside and outside the
organisation
|
Communication
|
Obtain data from external sources
|
|
Produce report
|
|
Identify need for documents and/or research
|
Enterprise
|
Assist with the development of options for future
strategies
|
|
Assist with planning to match future requirements with
resource
|
|
allocation
|
Technology
|
Establish and maintain a small network
|
|
Identify document requirements
|
|
Determine presentation and format of document and produce
it
|
Organisational
|
Organise meetings
|
|
Plan and organise conference
|
Team
|
Draft job vacancy advertisement
|
|
Assist in the selection of staff
|
|
Plan and allocate work for the team
|
|
Monitor team performance
|
|
Organise training for team
|
Business Financial
|
Administer PAYE salary records
|
|
Process payment of wages and salaries
|
|
Prepare payroll data
|
5. Wages
(i) Employees
shall be paid not less than the rates for the appropriate classification set
out in Table 1, Monetary Rates, of Part B of this award.
(ii) Nothing in this Award shall
be deemed or construed to reduce the wages, conditions or allowances of any
employee below that level accorded him/her prior to the date of operation of
this Award.
(iii) Wages for school
based apprentice
(a) The hourly rates for full
time apprentices as set out in this Award shall apply to school
based apprentices for total hours worked including time deemed to be
spent in off-the job training.
(b) For the purposes of subclause
(a) of this clause, where a school based apprentice is
a full time school student, the time spent in off-the-job training for which
the school based apprentice is paid is deemed to be 25 per cent of the actual
hours worked on-the-job each week. The wages paid for training time may be
averaged over the school term or year.
(c) Where this Award specifies a
weekly rate for full time apprentices the hourly rate shall be calculated by
dividing the applicable weekly rate by 38.
6. Hours
(i)
(a) The ordinary hours of work
for day workers, exclusive of meal times, shall not
exceed 152 hours per 28 calendar days or 76 hours per fortnight to be worked
Monday to Friday and to commence on such days at or after 6:00 a.m. and at or
before 10:30 a.m.
b) The ordinary hours of work
for shift workers, exclusive of meal times, shall not
exceed 152 hours per 28 calendar days or 76 hours per fortnight or an average
of 38 hours per week in each roster cycle.
(ii)
(a) The hours of work prescribed
in subclause (i) shall be arranged as follows:
(1) 152 hours in a 28
calendar-day cycle to be arranged so that each employee shall not work their
ordinary hours on more than 19 days in the 28 calendar-day cycle;
or
(2) 190 hours per 35 calendar
days to be arranged so that each employee shall not work their ordinary hours
on more than 19 days in the 35 calendar-day cycle.
(b) Following consultation and
discussion with the Union the hours of work may also be arranged in one of the
following ways:
(1) 76 hours per fortnight to be
arranged so that each employee shall not work their ordinary hours on more than
ten days in the fortnight; or
(2) 38 hours per week to be
arranged so that each employee shall not work their ordinary hours on more than
five days in the week.
(iii) Each employee shall be
entitled to not less than four full days in each fortnight free from duty or
two full days in each week free from duty (rostered days off), and every effort
shall be made for such rostered days off to be consecutive, unless otherwise
agreed.
(iv) Each shift shall consist of no
more than ten hours on a day shift or 11 hours on a night shift with not less
than eight hours break between each shift; provided that an employee shall not
work more than seven consecutive shifts unless the employee so requests and the
employer agrees.
(v)
(a) Full-time employees shall
receive a minimum payment of four hours for each start in respect of ordinary
hours of work.
(b) Permanent part-time and
casual employees, other than Homecare Employees, shall receive a minimum
payment of two hours for each start.
(c) Permanent part time homecare
employees and casual homecare employees shall receive a minimum of one hour for
each engagement
(vi)
(a) An employee whose ordinary
hours of work are arranged in accordance with sub-clause (a) of sub-clause (ii)
above shall be entitled to an allocated day off in each cycle of 28 days or 35 days as the case may be.
The ordinary hours worked on each of those days shall be arranged to
include a proportion of one hour on the basis of 0.4
of one hour for each 8-hour shift worked and 0.5 of one hour for each 10-hour
shift worked which shall accumulate towards the employee's allocated day off
duty on pay.
(b) A full-time employee's
allocated day off duty (ADO) shall be determined by mutual agreement between
the employee and the employer having regard to the needs of the place of
employment or sections thereof. Such
allocated day off duty shall, where practicable, be consecutive with the
rostered days off prescribed in subclause (iii) of this clause. Provided that allocated days off shall not be
rostered on public holidays.
(c) Where the employer and the
employee agree, up to five (5) allocated days off may be accumulated and taken
in conjunction with the employee's annual leave or at another agreed time.
(d) In a hostel which has a bed
capacity of 40 or less, the employer shall have the option of granting an
employee a nineteen-day four-week cycle or accumulating 12 allocated days off
per annum which may be taken in conjunction with the employee's annual leave or
at another agreed time.
(e) No time towards an allocated
day off shall accumulate during periods of workers' compensation, unpaid
parental leave, long service leave, any period of unpaid leave or the statutory
four weeks’ annual leave.
(f) Credit towards an allocated
day off shall continue to accumulate whilst an employee is on paid sick
leave. Where an allocated day off duty
falls during a period of sick leave, the employee's available sick leave shall
not be debited for that day.
(vii) The ordinary hours of work for
a permanent part-time employee will be a specified number of hours, which are
less than those prescribed for a full-time employee. The specified number of hours may be balanced
over a week or fortnight, provided that the average weekly hours worked shall
be deemed to be the specified number of hours for the purposes of accrual of
leave provided for by this award. Provided further that there shall be no
interruption to the continuity of employment merely by reason of an employee
working on a "week-on", "week-off" basis in accordance with
this subclause.
(viii) Two separate ten-minute tea
breaks (in addition to meal breaks) shall be allowed each employee on duty during
each ordinary shift of 7.6 hours or more; where less than 7.6 ordinary hours
are worked employees shall be allowed one 10-minute tea break in each four-hour
period. Subject to agreement between the employer and the employee, the two
ten-minute tea breaks may alternatively be taken as one 20-minute tea break, or
by one ten-minute tea break with the employee allowed to proceed off duty ten
minutes before the completion of the normal shift finishing time. Such tea
break(s) shall count as working time.
(ix) Employees must receive a
minimum break of eight hours between ordinary rostered shifts, which are not
broken shifts.
(x) Except for meal breaks, all
time from the commencement to the cessation of duty each shift shall count as
working time, except for shifts being worked as broken shifts.
(xi) With respect to broken shifts:
(a) A "broken shift"
for the purposes of this sub clause means a single shift worked by an employee
that includes one or more breaks in excess of that
provided for meal breaks, where the time between the commencement and
termination of the broken shift shall not exceed 12 hours.
(b) An employee must receive a
minimum break of ten hours between broken shifts rostered on successive days.
(c) Where broken shifts are
worked, employees shall receive an allowance of the amount set out in Item 1 of
Table 2, Other Rates and Allowances, of Part B, of this award, per shift.
(d) Payment for a broken shift
shall be at ordinary pay with penalty rates and shift allowances in accordance
with Clause 14, with shift allowances being determined by the commencing time
of the broken shift.
(e) All work performed beyond the
maximum span of 12 hours for a broken shift will be paid at double ordinary
pay.
(f) Broken shifts may be
introduced for up to four weeks without the permission of the Union.
(g) Where the employer seeks the
approval of the Union to work broken shifts in excess of
four weeks, it must be in writing, which the Union will accept or decline
within fourteen days. The Union will not decline such an application without
good cause.
(g) Where an employee works a
broken shift and at least part of that shift involves the work of a Homecare
Employee, the employer is not required to seek the exemption from the Union as
prescribed by paragraph (g) of this subclause.
7. Roster of Hours
(i)
(a) The ordinary hours of work
for each employee shall be displayed on a roster in a place conveniently accessible
to employees. Such roster shall be displayed two weeks prior to the commencing
date of the first working period in any roster subject to paragraph (b) of this
subclause.
(b) In the case of Homecare
Employees, alternative means of communicating changes of rosters such as
telephone communication, direct contact, mail, email or facsimile will be
accepted.,
(ii) Subclause (i) of this clause shall not make it obligatory for the
employer to display any roster of ordinary hours of work of members of the
casual or relieving staff.
(iii) Provided that a roster may be
altered at any time to enable the service of the organisation to be carried on
where another employee is absent from duty on account of illness or in an
emergency. Where such alteration
involves an employee working on a day which would have been his/her rostered
day off, such employee may elect to be paid at overtime rates or have a day off
in lieu which shall be mutually arranged.
Provided also that this provision
shall not apply where the only change to the roster of a part-time employee is
the mutually agreed addition of extra hours to be worked such that the
part-time employee still has two rostered days off in that week or four
rostered days off in that fortnight, as the case may be.
Provided further that any
alteration to the roster of hours of a day worker must be consistent with the
definition of a Day Worker contained in clause 2, Definitions.
(iv)
(a) Where a home care client
cancels for reasons other than those outlined in (iv)(b), permanent employees
shall be entitled to receive payment for their minimum specified hours in that
pay period. The employer may direct the employee to make-up time equivalent to
the cancelled time, in that or the subsequent fortnightly period. This time may
be made up working with other home care clients or in a facility.
(b) Where the employer is unable
to meet the minimum specified hours of a permanent employee for reasons
associated with death, hospitalisation or other like extenuating circumstances,
the following procedures shall be followed in the sequence provided:
1. work shall be re-allocated
from casual employees to the permanent employee; or
2. hours shall be reallocated from
another employee who is working hours additional to their minimum specified
hours; or
3. where the employee agrees,
the employee may have access to annual or long service leave; or
4. the employee and employer
may agree to a period of unpaid leave; or
5. failing agreement in (4)
above, refer to the dispute procedure.
6. Notwithstanding the
provisions in subparagraphs (1) to (5) inclusive, if after six weeks - or
earlier if by mutual agreement - the employer is unable to provide the minimum
specified hours, the employee shall be entitled to the provisions set out in
Clause 42, Redundancy.
(v) Where an employee is entitled
to an allocated day off duty in accordance with clause 6-Hours of this award
that allocated day off duty is to be shown on the roster of hours for that
employee.
(vi) Each sleepover shall appear on
the roster.
8. Meals
(i)
(a) Employees shall not be
required to work more than six hours without a meal break. Such meal break shall be of between 30 and 60 minutes duration and shall not count as time
worked.
(b) However, employees engaged in
homecare duties may be rostered to have a paid 20-minute break in the place of
the meal break where they are required to remain with the client during such
break.
(c) In the event that all or some
of the meals of breakfast, lunch and dinner are not provided for a live-in homecarer, the employer shall reimburse such reasonable
amounts for same, upon proof of expenditure.
(ii) Notwithstanding the provisions
of subclause (i) of this clause, an employee required
to work shifts in excess of ten hours shall be
entitled to a 60-minute meal break. Such
time shall be taken as either two 30-minute meal breaks or one 60-minute meal
break, subject to agreement between employer and employee.
(iii) An employee who is required
to work overtime for more than two hours and such overtime goes beyond 7:00
a.m., 1:00 p.m., and 6:00 p.m. shall, at the option of the employer, be
supplied with a meal or shall be paid:
(a) an amount set out in Item 2
of Table 2, Other Rates and Allowances, of Part B, of this award, for breakfast;
(b) an amount set out in Item 3 of the said Table 2,
for luncheon;
(c) an amount set out in Item 4
of the said Table 2, for the evening meal.
9. Overtime
(i) All
time worked by employees outside the ordinary hours in accordance with clause
6-Hours and clause 7-Roster of Hours of this award, shall be paid time and one
half ordinary pay up to two (2) hours each day and thereafter double ordinary
pay; provided however, that all overtime worked on Sunday shall be paid at
double ordinary pay and all overtime worked on public holidays shall be paid
for at double time and one-half ordinary pay
(ii) An employee must receive an
eight or ten-hour break between rostered shifts, in accordance with clause
6-Hours. Where the next shift is due to
commence before the employee has had their appropriate eight
or ten hours break, one of the following will apply:
(a) The employee will be released
prior to, or after the completion of their shift to permit them to have their
appropriate break under clause 6-Hours without loss of pay for the working time
occurring during such absence.
(b) If at the request of the
employer an employee works without their appropriate break, they shall be paid
until they are released from duty at overtime rates. Once released from duty
such employees shall be entitled to be absent from work until they have had
their appropriate break in accordance with clause 6-Hours without loss of pay
for working time occurring during such an absence.
(iii) Employees who are recalled to work overtime after leaving the employer's place of work
shall be paid a minimum of four hours at the applicable overtime rate for each
time so recalled. Provided that, except
in unforeseen circumstances, an employee shall not be required to work the full
four hours if the tasks they were recalled to perform
are completed within a shorter period.
(a) An employee recalled to work overtime pursuant to subclause (ii) shall be
reimbursed reasonable travel expenses incurred in respect of the recall to
work.
(b) Provided that where an
employee elects to use their own vehicle they shall be
paid an allowance of the amount set out in Item 5 of Table 2, Other Rates and
Allowances, of Part B, of this award.
(c) An employee who agrees to be
on call, requiring to make themselves ready and available
to return to work whilst off duty, shall be paid an allowance of the amount set
out in Item 6 of the said Table 2.
(d) Employees will not be
required to be on call in excess of ten days in any
28-day period.
(iv) For the purposes of assessing
overtime, each day shall stand alone, provided that where any one period of
overtime is continuous and extends beyond midnight, all overtime hours in this
period shall be regarded as if they had occurred within the one day.
(v) All time worked by permanent
part-time employees in excess of the hours prescribed in subclause (iv) of clause 6-Hours, of this award shall be paid for at
overtime rates.
(vi) In lieu of receiving payment
for overtime in accordance with this clause, employees may be compensated by
way of time off in lieu of overtime on the following basis:
(a) Time off in lieu of overtime
is taken on the basis of hour for hour at ordinary
pay, that is for example, one hour off for each hour of overtime worked.
However, any applicable shift and weekend penalties shall still be paid as if
the time was worked when taking such time in lieu. It must be taken within four
months of it being accrued at a mutually agreed time.
(b) Where it is not possible for
an employee to take the time off in lieu of overtime within the four 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) Employees cannot be compelled
to take time off in lieu of overtime.
(d) The employer must maintain
records of all time in lieu of overtime owing and taken by employees.
(e) Where no election is made the
employee shall be paid overtime rates in accordance with the award.
10. Permanent Part-Time Employee
(i) A
permanent part-time employee is one who is permanently appointed by a facility
to work for a specified number of hours, which are less than those prescribed
for a full-time employee.
(ii) At the request of an employee,
the hours worked by the employee will be reviewed annually. Where the employee
is regularly working more than their specified contract hours then such
contract hours shall be adjusted by the employer, to reflect the hours
regularly worked. The hours worked in the following circumstances will not be
incorporated in the adjustment.
(a) if the increase in hours is
as a direct result of an employee being absent on leave, such as for example,
annual leave, long service leave, maternity leave, workers compensation; and
(b) if the increase in hours is
due to a temporary increase in hours only due, for example, to the specific
needs of a resident.
(iii) Any adjusted contracted hours
resulting from a review identified in subclause (ii) of this clause should,
however, be such as to readily reflect roster cycles and shift configurations
utilised at the workplace.
(iv) Permanent part-time employees
shall be paid an hourly rate calculated on the basis of
1/38th of the appropriate rate prescribed by Table 1, Monetary Rates, of Part B
of this award.
(v) Permanent part-time employees
shall 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.
(vi) Permanent part time employees
engaged in the provision of home care services shall:
(a) Have a minimum specified
number of hours of ten per week or 20 per fortnight.
(b) Have a minimum payment per
engagement of one hour.
(c) Notwithstanding the
provisions in paragraph (a) of this subclause, where there is a genuine
agreement in writing between the employer and employee the minimum contract
hours may be reduced.
(d) Have hours of engagement
maintained as per clause 7 - Roster of Hours.
11. Casual Employee
(i)
(a) A casual employee is one
engaged on an hourly basis otherwise than as a full-time employee or permanent
part-time employee.
(b) A casual employee may only be
engaged in the following circumstances: for short term periods where there is a
need to supplement the workforce arising from fluctuations in the needs of the
facility; or in the place of another employee who is absent; or in an
emergency.
(ii) A casual employee shall be
paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of
the appropriate rate prescribed by Part B, Monetary Rates of this award, plus
ten (10) per centum thereof, with a minimum payment of two hours for each
start, (where the casual is employed in the place of a homecare employee who is
absent then the minimum payment per engagement may be one (1) hour) and one
thirty-eighth of the uniform and laundry allowances where a uniform is not
supplied in accordance with clause 28-Uniforms and Protective Clothing.
(iii) For weekend and public
holiday work, casual employees shall, in lieu of all other penalty rates and
the 10% casual loading, receive the rates prescribed in clause 14-Penalty Rates
and Shift Allowances and clause 16-Public Holidays.
(iv) Overtime rates shall be
payable on the hourly rate (1/38th) in lieu of the 10% casual loading only when
a casual works in excess of 38 hours per week or 76
hours per fortnight depending on the pay period.
(v) For the entitlement to annual
leave, a casual shall receive an additional amount equivalent to one-twelfth of
the sum of their ordinary pay plus payments received in accordance with clause
14-Penalty Rates and Shift Allowances.
No other allowances or payments are to be included for the calculation
of this annual leave entitlement. Further, this amount will be itemised
separately on the employee’s pay records.
(vi) For the entitlement to long
service leave, see Long Service Leave Act 1955.
(vii) With respect to a casual
employee, the provisions of the following clauses shall not apply:
Clause 7-Roster of Hours; clause
17-Annual Leave; clause 18-Annual Leave Loading; clause 19-Long Service Leave;
clause 20-Sick Leave; clause 22-Compassionate Leave; clause 23-Leave Without
Pay; clause 25-Service Allowance; clause 26-Leading Hands; clause 27-Higher
Duties; clause 30-Live-In; clause 34-Promotions and Appointments; clause
35-Emergency Telephone Calls; clause 37-Repatriation Leave; clause
39-Apprentices.
(viii) Personal Carers Entitlement
for casual employees
(a) Subject to the evidentiary
and notice requirements in Clauses 21(i)(b) and 21(i)(d) 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
Clause 21(i)(c)(2) who are sick and require care and
support, or who require care due to an unexpected emergency, or the birth of a
child.
(b) The employer and the employee
shall 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.
(ix) Bereavement entitlements for
casual employees
(a) Subject to the evidentiary
and notice requirements in Clause 22(ii)(a)(2) 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 Clause 21(i)(c)(2).
(b) The employer and the employee
shall 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.
12. Temporary Employment
(i) Fixed
term or task contracts of employment may be offered and such temporary
employees engaged where necessary to meet the genuine occupational requirements
of the employer, which may include but not be limited to parental leave,
limited term funding arrangements, long term relief, or forthcoming service
reductions.
(ii) The provision of clause
40-Redundancy will not apply to such employees.
13. Climatic and Isolation Allowance
(i) Subject
to subclause (ii) of this clause persons employed in organisations in places
situated upon or to the west of a line drawn as herein specified shall be paid
an allowance of the amount set out in Item 7 of Table 2, Other Rates and
Allowances, of Part B, of this award,
per week in addition to the salary to which they are otherwise entitled.
The line shall be drawn as
follows: viz., commencing at Tocumwal and thence to the following towns in the
order stated, namely: Lockhart;
Narrandera; Leeton; Peak Hill; Gilgandra; Dunedoo; Coolah; Boggabri; Inverell;
and Bonshaw.
(ii) Persons employed in
organisations in places situated upon or to the west of a line drawn as herein
specified shall be paid an allowance of the amount set out in Item 8 of the
said Table 2, per week in addition to the salary to which they are otherwise entitled.
The line shall be drawn as
follows: viz., commencing at a point on the right bank of the Murray River
opposite Swan Hill (Victoria) and thence to the following towns in the order
stated, namely: Hay; Hillston; Nyngan; Walgett; Collarenebri; and Mungindi.
(iii) The allowances prescribed by
this clause are not cumulative.
(iv) Except for the computation of overtime the allowances prescribed by this clause shall be
regarded as part of salary for the purposes of this award.
(v) An employee who works less
than 38 hours per week shall be entitled to the allowances prescribed by this
clause in the same proportion as the average hours worked each week bears to 38
ordinary hours.
14. Penalty Rates and Shift Allowances
(i) Employees
shall be paid the following percentages in addition to their ordinary pay, and
where applicable, the 10% casual loading, for shifts rostered as follows:
(a) 10% for afternoon shift
commencing after 10:30 a.m. and before 1:00 p.m.
(b) 12.5% for afternoon shift
commencing at or after 1:00 p.m. and before 4:00 p.m.
(c) 15% for night shift
commencing at or after 4:00 p.m. and before 4:00 a.m.
(d) 10% for night shift
commencing at or after 4:00 a.m. and before 6:00 a.m.
Provided that laundry staff
working afternoon or night shift as at 30 September,
1993 shall be paid 20% in addition to the ordinary pay for such shift. Laundry staff employed after 30 September
1993, and who work afternoon or night shift shall receive the penalty rates
prescribed in subclauses (a) to (d) above.
(ii) Notwithstanding subclause (i), employees working less than the hours prescribed for a
full-time employee within clause 6-Hours of this award shall only be entitled
to the additional rates where their shifts commence prior to 6:00a.m. or finish
subsequent to 7:00 p.m.
(iii) Employees shall be paid the
following penalties for ordinary hours of work occurring on a Saturday or a
Sunday:
(a) for work between midnight on
Friday and midnight on Saturday - time and one half.
(b) for work between midnight on
Saturday and midnight on Sunday - time and three-quarters.
These extra rates shall be in
substitution for and not cumulative upon the shift allowances prescribed in the
preceding sub-clauses (i) and (ii) of this clause.
15. Allowances for Special Working Conditions
(i)
(a) Employees engaged in work of
a dirty or offensive nature and/or cleaning or scraping work in confined spaces
(such as inside ventilator shafts, air conditioning ducts or the like) shall,
whilst so employed, be paid an allowance of the amount set out in Item 9 of
Table 2, Other Rates and Allowances, of Part B of this award, per hour extra.
(b) Provided however that
employees engaged in cleaning or scraping work inside the gas or water space of
any boiler, flue or economiser shall, whilst so employed, be paid an allowance
of the amount set out in Item 10 of the said Table 2, per hour extra.
(ii) Employees who are required to
assist tradespersons on work of a dirty or offensive nature shall be paid
disability allowances under the same terms and conditions as the disability
allowances that may be payable to the tradespersons they are assisting.
(iii) Employees shall be paid an
allowance of the amount set out in Item 11 of the said Table 2, per hour or part
thereof for all time during which they are engaged in handling linen of a
nauseous nature other than linen sealed in bags.
(iv) An employee, other than a
Homecare Employee, sent for duty to a place other than his/her regular place of
duty shall be paid for all excess travelling time at the appropriate rate of
pay and reimbursed excess travelling expenses.
(v) Vehicle Allowance:
Where an employee is called upon
and agrees to use his/her private vehicle for official business, payment of an
allowance shall be made by utilising the rate in item 12 of the said Table 2,
per kilometre excluding travel to and from the employee’s home to the first
place of work and return to home at the end of his/her duties. This rate shall
remain in force for the duration of this award. This sub-clause shall apply to
all employees.
(vi) Where an employee is required
to use public transport for travel on official business such employee is to be reimbursed
actual expenses incurred for such travel, excluding travel from the employee’s
home to the first place of work and return to home at the cessation of his/her
duties.
(vii) No payment shall be made under
sub-clause (v) & (vi) unless the employer is satisfied that the employee
has incurred expenditure for such travel.
(viii) Where homecare employees are
rostered to work with consecutive clients they shall be paid for the time taken
to travel between locations at the rate of 3% of the ordinary pay per hour per
kilometre travelled, excluding travel from the employee’s home to the first
place of work and return to home at the cessation of his/her duties; provided
that this payment shall not be made if the employee is being paid at the hourly
rate of pay for the time between consecutive clients.
(ix) An employee in possession of,
and required to act on, a Laundry and Dry Cleaning
Certificate, shall be paid an allowance in the nature of a salary as set out in
item 13, of the said Table 2.
(x) An employee who works less
than 38 hours per week shall be entitled to this allowance identified in
subclause (ix) of this clause in the same proportion as the average hours
worked each week bears to 38 ordinary hours.
16. Public Holidays
(i) Public
holidays shall be allowed to employees without loss of ordinary pay.
(ii) For the purposes of this
award, the following shall be deemed to be public holidays: New Year's Day; Australia Day; Good Friday;
Easter Saturday; Easter Sunday;
Easter Monday; Anzac Day; Queen's Birthday; Labour Day;
Christmas Day; Boxing Day.
(iii) In addition to those public
holidays specified in sub-clause (ii) employees shall be entitled to an extra
public holiday each year. Such public
holiday shall occur on one of the following days as determined by the employer:
(a) On the day on which the
August Bank Holiday is observed; or
(b) On a day between Christmas
and New Year within the days Monday to Friday inclusive and not coinciding with
a date that is already a gazetted public holiday for that calendar year; or
(c) On a gazetted and proclaimed
local public holiday. In areas where only one half-day is proclaimed and
observed, the whole day will be regarded as a public holiday for the purposes
of this award. In these circumstances if a further one half
day local public holiday occurs in that calendar year, it will not be observed
for the purposes of this clause.
(d) The employer shall nominate before
July 1 of each calendar year, the date on which this extra public holiday is to
be observed. Once such an election is
made, such date then becomes the date on which the extra public holiday is to
be observed for all workers in that establishment covered by this award,
provided however that if no such election is duly made, the extra public
holiday will be observed on the August Bank Holiday.
(iv) Employees shall also be
entitled to any other day duly proclaimed and observed as a public holiday
within the area in which the facility is situated, beyond those days already
observed in accordance with subclauses (ii) and (iii) above.
(v) An employee who is required
to and does work on any public holiday prescribed in this clause shall be paid
in lieu of all other shift allowances (except broken shift allowances), weekend
penalties, casual loading and part-time loading, as follows:
(a) Full-time Employees -
(1) Time and one half for all
ordinary time worked in addition to the weekly rate.
Alternatively, if the employee
elects:
(2) Half-time extra for all time
worked in addition to the weekly rate and have one ordinary working day added
to be taken in conjunction with the period of annual leave.
(b) Permanent Part-time Employees
-
(1) Double and a half for all
time worked on the public holiday, although where the time worked by agreement
is less than the rostered shift, the balance of the rostered shift will be paid
at ordinary pay.
Alternatively, if the employee
elects:
(2) Half-time extra for all time
worked in addition to the weekly rate and have the equivalent number of hours
worked added to be taken in conjunction with the period of annual leave.
(c) Casual Employees:
Double time and one-half for all
time worked.
(vi) Full-time shift-workers
rostered off duty on a public holiday shall:
(a) be paid one day's pay in
addition to the weekly rate; or
(b) if the employee so elects
have one day added to be taken in conjunction with their period of annual
leave.
(vii) The election referred to in
subclauses (iv) and (v) is to be made in writing by the employee at the
commencement of each year of employment and is irrevocable during that period
of employment.
17. Annual Leave
(i) All
employees shall be entitled to the provisions of the Annual Holidays Act
1944.
(ii)
(a) Full-time employees and
permanent part-time employees who are rostered to work their ordinary hours on
Sundays and/or public holidays shall be entitled to receive additional annual
leave if, during a qualifying period of employment for annual leave purposes
they have worked:
|
Full-time Employees
|
Permanent part-time
Employees
|
3 shifts or less
|
Nil
|
Nil
|
4 - 10 shifts
|
one day
|
0.2 weeks
|
11 - 17 shifts
|
two days
|
0.4 weeks
|
18 - 24 shifts
|
three days
|
0.6 weeks
|
25 - 31 shifts
|
four days
|
0.8 weeks
|
32 or more shifts
|
five days
|
1 week.
|
Provided that an employee, entitled
to additional annual leave by virtue of this subclause, may elect to be paid an
amount equivalent to the value of his/her additional leave entitlements in lieu
of taking the additional leave. Such
election is to be made in writing by the employee at the commencement of each
year of employment and is irrevocable during the currency of that year of
employment.
(b) Live-in Homecarers
employed and paid as such shall accrue an additional weeks
leave for every 12 months of continuous service on a pro-rata basis.
(iii) Provided that on termination
of employment, employees shall be entitled to payment for any untaken annual
leave due under sub-clause (ii) together with payment for any leave in respect
of an uncompleted year of employment calculated in accordance with subclause (i) of this clause.
(iv) Employees entitled to
allocated days off duty in accordance with sub-clause (vi) of clause 6-Hours of
this award, shall accrue credits towards an allocated day off duty in respect
of each day those employees are absent on additional annual leave in accordance
with sub-clause (ii) of this clause and subclauses (iv) and (v) of clause
16-Public Holidays.
18. Annual Leave Loading
(i) Employees
shall be entitled to annual leave loading of 17.5% on four weeks of the
appropriate weekly rate of pay, or shift allowances
and weekend penalties as set out in subclause (ii) of this clause, whichever is
the greater.
(ii) A shift worker, as defined in
clause 2, Definitions of this award, shall be paid whilst on annual leave
his/her ordinary pay plus shift allowances and weekend penalties relating to
ordinary time the Shift Worker would have worked if he/she had not been on
annual leave. Provided that shift
allowances and weekend penalties shall not be payable for public holidays which
occur during a period of annual leave, for days which have been added to annual
leave in accordance with the provisions of clause 16-Public Holidays or
paragraph (a) of subclause (ii) of clause 17-Annual Leave.
(iii) No loading is payable where
the annual leave is taken wholly or partly in advance, provided however, that
if the employment of such an employee continues until their next anniversary
date, the loading then becomes payable.
(iv) Where the employment of an
employee is terminated for a cause other than misconduct and at the time of the
termination the employee has not been given and has not taken the whole of the
annual leave accrued as at their last anniversary date, they shall be paid the
leave loading for such leave on termination. No leave loading is payable on pro
rate leave on termination.
19. Long Service Leave
All Therapists except Diversional Therapists:
For entitlements to Long Service leave see Long Service
Leave Act 1955.
All other classifications:
(i)
(a) Each employee shall be
entitled to two months long service leave on ordinary
pay after ten years' service; thereafter additional long service leave shall
accrue on the basis of five months long service leave for each ten years'
service. This additional leave may be taken on a pro-rata basis each five years
after completing the initial ten year period of
service.
(b) Where the services of an
employee with at least five 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,
or by reason of the death of the employee, he/she shall be entitled to be paid
a proportionate amount on the basis of two months for ten years
service.
(ii) For the purpose of subclause
(i) of this clause:
(a) service shall mean continuous
service with any one employer/organisation;
(b) service shall 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 shall include any period without pay not
exceeding six months taken after 1 June, 1980;
(2) any period of service as a
part-time worker except as provided for in sub-clause (vi) (v) of this clause.
(iii)
(a) The employer shall give to each
worker at least one month's notice of the date from which it is proposed that
the worker's long service leave shall be given and taken. Long service leave shall be taken as soon as
practicable having regard to the needs of the facility, or where the employer
and the employee agree, such leave may be postponed to an agreed date.
(b) Where the employer and the
employee agree in writing that the taking of a period of leave be postponed at
the request of an employee to an agreed future date, the period of leave at the
time of this agreement being made will, when taken, be paid at the rate
applicable at the time of the agreement.
(iv)
(a) On the termination of
employment of an employee, otherwise than by his/her death, an employer shall
pay to the employee the monetary value of all long service leave accrued and
not taken at the date of such termination and such monetary value shall be determined
according to the salary payable to the employee at the date of such
termination.
(b) Where an employee who has
acquired a right to long service leave, or after having had five years' service
and less than ten years' service dies, the widow or the widower of such
employee or if there is no such widow or widower, the children of such employee,
or if there is no such widow, widower or children such person who, in the
opinion of the employer, was at the time of the death of such an employee, a
dependent relative of such employee shall be entitled to receive the monetary
value of the leave not taken or which would have accrued to such employee had
his/her services terminated as referred to in paragraph (b) of subclause (i) of this clause and such monetary value shall be
determined according to the salary payable to the employee at the time of
his/her death.
Where there is a guardian of any
children entitled under this sub-clause the payment to which such children are
entitled may be made to such guardian for their maintenance, education and
advancement.
Where there is no person entitled
under this sub-clause to receive the monetary value of leave payable under the
foregoing provisions payment in respect thereof shall be made to the legal
personal representative of such employee.
(v) Full-time and permanent
part-time employees shall be entitled to have previous part-time service as a
part-time worker 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 and/or permanent part-time service on the basis of the proportion
that the actual number of hours worked each week bears to 40 hours up until 30
April, 1985 and bears to 38 hours on and from 1 May, 1985, provided the
part-time service as a part-time worker merges without break with the
subsequent full-time service or permanent part-time employment.
(vi) Where an employee has been
granted a period of long service leave prior to the coming into force of this
award, the amount of such leave shall be debited against the amount of leave
due under this award.
(vii) Employees of the employer
previously covered by alternative awards will have their long service leave
accrued entitlement carried over but the accrual and access to long service
leave entitlements from the date of transfer will be in accordance with this
award, e.g. an employee with 15 years continuous service under an alternative
award at the time of transfer may have an accrued entitlement of 3 months long
service leave. From this time onwards employees would accrue their entitlements
in accordance with this award, at the rate of 2.5 months for each five years’
service as the continuity of service is not affected by the change of award
coverage. Thus, after 20 years continuous service the employee would be
entitled to 5.5 months leave, made up of 3 months under the previous award and
a further 2.5 months under this award.
20. Sick Leave
(i)
(a) An employee during his/her
first year of employment with an employer shall be entitled to sick leave at the
rate of 7.6 hours or pro rata thereof on the anniversary date of each of the
first three months of continuous service.
(b) Upon completion of four (4)
months continuous service the employee shall be entitled to a further 53.2
hours or pro rata thereof sick leave
(ii) A full-time employee shall be
entitled to sick leave on ordinary pay by allowing 76 rostered ordinary hours
of work for each year of continuous service.
(iii) Part-time employees shall be
entitled to sick leave in the same proportion of seventy six
hours as the average weekly hours worked over the preceding 12 months or from
the time of the commencement of employment, whichever is the lesser, bears to
38 ordinary hours of one week for each year of continuous service. Such
entitlements shall be subject to all the conditions applying to full-time
employees.
(iv)
(a) An employee, other than a
homecare employee, shall notify his/her employer of an absence from work due to
illness or injury prior to the commencement of his/her rostered shift or as
soon as practicable thereafter, and shall inform the employer of the expected
duration of the absence.
(b) A Homecare Employee shall
notify his/her employer of an absence from work due to illness or injury at
least three hours prior to the commencement of his/her rostered shift but in any case no later than one hour before the first
client where the employee is not prevented from doing so and shall inform the
employer of the expected duration of the absence.
(c) An employee who is working in
two different classifications shall be paid the relevant pay for the
classification he/she would have been working on the day of their sick leave.
(v) Periods of sickness shall not
be required to be certified to by a legally registered medical practitioner,
excepting where the absence exceeds two consecutive days or where in the
employer's opinion the circumstances are such as to warrant such requirements.
(vi) The employer shall not change
the rostered hours of work of an employee fixed by the roster or rosters
applicable to the seven days immediately following the commencement of sick
leave merely by reason of the fact that the employee is on sick leave.
(vii) An employee shall not be entitled
to sick leave on ordinary pay for any period in respect of which such employee
is entitled to workers' compensation payments at full ordinary rate; provided
however, that where an employee is not in receipt of such full ordinary
compensation rate, an employer shall pay to an employee who has sick leave
entitlements under this clause, the difference between the amount received as
workers' compensation and full pay.
The employee's sick leave
entitlement under this clause shall, for each week during which such difference
is paid, be reduced by the proportion of hours which the difference bears to
full pay. On the expiration of available
sick leave, weekly compensation payments only shall be payable.
Provided that this subclause shall
not apply where an employee unreasonably refuses to undergo a rehabilitation
program.
(viii) For the purpose of determining
a full-time employee's sick leave credit as at 1 May,
1985, sick leave entitlement shall be proportioned on the basis of 76:80.
(ix) For the purposes of this
clause, service shall mean continuous service with any one
employer/organisation.
(x) Any unused sick leave shall
remain to the employee's credit.
21. Personal/Carer’s Leave
(i) Use
of Sick Leave
(a) An employee, other than a
casual employee, with responsibilities in relation to a class of person set out
in sub-clause (ii) of sub-clause (c), who needs the employee’s care and
support, shall be entitled to use, in accordance with this sub-clause any current
or accrued sick leave entitlement, provided for in clause 20-Sick Leave, for
absences to provide care and support, for such persons when they are ill or who
require care due to an unexpected emergency.
Such leave may be taken for part of a single day.
(b) The employee shall, if
required,
(1) establish either by
production of a medical certificate or statutory declaration, the illness of
the person concerned or that the illness is such as to require care by another
person, or
(2) establish by production of
documentation acceptable to the employer or a statutory declaration, the nature
of the emergency and that such emergency resulted in the person concerned
requiring care by the employee.
In normal circumstances, an employee
must not take carer’s leave under this sub-clause where another person has
taken leave to care for the same person.
(c) The entitlement to use sick
leave in accordance with this sub-clause is subject to:
(1) the employee being
responsible for the care of the person concerned; and
(2) the person concerned being:
(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 purposes of this sub-clause:
1. "relative" means a
person related by blood, marriage or affinity;
2. "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means
a family group living in the same domestic dwelling.
(d) An employee shall, 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
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(e) An employee, in addition to
the circumstances and manner stated in subclauses (a)-(d), shall also be
entitled to access accrued sick leave for the purposes of personal/carer’s
leave in the following situation:
(1) one permanent employee only
per facility each calendar year shall be entitled to access two (2) days of
such leave to attend training facilitated by the Union to increase awareness
and knowledge of workplace issues and/or consultative mechanisms and/or statutory
entitlements and obligations, which will contribute to a more productive, aware
and harmonious workplace environment;
(2) such an employee will give a
minimum of four weeks notice to the employer of
attendance at such training, unless a lesser notification period is agreed to
by the employer, and the employer shall be entitled to request written
confirmation from the Union as to the time and nature of the training;
(3) access to this
two (2) days per year in this subclause is not cumulative; and
(4) such an employee may, with
the consent of the employer, access additional or alternative leave, as
prescribed in subclauses (ii)-(vi) of this clause, for the purposes of
attending such training as stated in subclause (e)(1) above.
Note: In the unlikely event that
more than 10 days sick leave in any year is to be used for caring purposes the
employer and employee shall discuss appropriate arrangements which, as far as
practicable, take account of the employer’s and employee’s requirements.
Where the parties are unable to
reach agreement the disputes procedure at Clause 31. should be followed.
(ii) Unpaid Leave for carer’s
leave Purpose
An employee may elect, with the
consent of the employer, to take unpaid leave for the purpose of providing care
and support to a member of a class of person set out in sub-clause (i) (c) (2) above, who is ill or who require care due to an unexpected emergency.
(iii) Annual Leave
(a) An employee may elect with
the consent of the employer, to take annual leave not exceeding ten days in
single day periods or part thereof, in any calendar year at a time or times
agreed by the parties.
(b) Access to annual leave, as
prescribed in sub-clause (a) of this sub-clause, shall be exclusive of any
shutdown period provided for elsewhere under this award.
(c) An employee may agree to
defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
(d) An employee may elect with
the employers agreement to take annual leave at any
time within a period of 24 months from the date at which it falls due
(iv) Time Off in Lieu of Payment
for Overtime
(a) An employee may elect, with
the consent of the employer, to take time off in lieu of payment for overtime
at a time or times agreed with the employer within 12 months of the said
election.
(b) Overtime taken as time off
during ordinary time hours shall be taken as set out in subclause (vi) of
clause 9-Overtime.
(c) If, having elected to take
time as leave in accordance with sub-clause (a) of this sub-clause, the leave
is not taken for whatever reason payment for time accrued at overtime rates
shall be made at the expiry of the 12 month period or
on termination.
(d) Where no election is made in
accordance with the said sub-clause (a), the employee shall be paid overtime
rates in accordance with the award.
(v) Make-up Time
(a) An employee may elect, with
the consent of the employer, to work "make-up time", under which the
employee takes time off ordinary hours payable at the ordinary rate of pay, and
works those hours at a later time, during the spread
of ordinary hours provided in the 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 ordinary hours and works those hours at a later time), at the shift work rate, which would have
been applicable to the hours taken off.
(vi) Allocated Days Off
(a) An employee may elect with
the consent of the employer, to take an allocated day off at any time.
(b) An employee may elect, with
the consent of the employer, to take allocated days off in part day amounts.
(c) An employee may elect, with
the consent of the employer, to accrue some or all allocated days off for the
purpose of creating a bank to be drawn upon at a time mutually agreed between
the employer and employee or subject to reasonable notice by the employee or
the employer.
(d) This sub-clause is subject to
the employer informing each union which is both party to the award and which
has members employed at the particular enterprise of its intention to introduce
an enterprise system of ADO flexibility, and providing
a reasonable opportunity for the union(s) to participate in negotiations.
22. Compassionate Leave
(i) Compassionate
leave with pay shall be granted only in extraordinary or emergent circumstances
where an employee is forced to be absent from duty because of an urgent
pressing necessity, and such leave as is granted should be limited to the time
necessary to cover the immediate emergency.
An absence occasioned by personal
exigencies which might fairly be regarded as an obligation on the employee,
rather than the employer, may be covered by the grant of leave without pay, or
if the employee so desires, charged against available annual leave credits.
(ii) Compassionate leave shall be
granted on the following principles:
(a) Bereavement Leave
(1) An employee, other than a
casual employee, shall be entitled to up to two days bereavement leave without
deduction of pay, on each occasion of the death of a person as prescribed in
subparagraph (3) of this paragraph, provided that where the employee is involved
in making funeral arrangements, travelling, etc., leave may be allowed for up
to three days. Leave with pay would not ordinarily be granted for the death or
attendance at a funeral for relatives not outlined in the said subparagraph (3)
unless special circumstances exist, e.g., the employee resided with the
deceased.
(2) The employee must notify the
employer as soon as practicable of the intention to take bereavement leave and
will provide to the satisfaction of the employer proof of death.
(3) Bereavement leave shall be
available to the employee in respect to the death of a person prescribed for
the purposes of personal/carer's leave as set out in subparagraph (2) of
paragraph (c) of subclause (i) of clause
21-Personal/Carer’s Leave, provided that, for the purpose of bereavement leave,
the employee need not have been responsible for the care of the person
concerned.
(4) An employee shall not be
entitled to bereavement leave under this clause during any period in respect of
which the employee has been granted other leave.
(5) Bereavement leave may be
taken in conjunction with other leave available under subclauses (ii), (iii),
(iv), (v) and (vi) of the said clause 21. In determining such a request, the
employer will give consideration to the circumstances
of the employee and the reasonable operational requirements of the business.
(b) Where an illness in the
family causes an immediate emergency, sufficient leave should be granted to
meet the immediate emergencies and to allow the employee to make any other
arrangements considered necessary. Except
in very special cases, such leave with pay should be limited to one day and
where no one but the employee was available to care
for the sick family member.
(c) Compassionate leave may also
be granted in cases of unforeseen emergencies, which clearly prevent attendance
for duty, e.g., flood, bush fires etc.
(iii) Only under the most
exceptional circumstances shall compassionate leave be granted for a period
exceeding three working days within any one year. This is provided that
additional leave may be granted by the employer in exceptional circumstances.
23. Leave Without Pay
(a) By agreement between an
employer and a permanent employee, an employee may be granted a period of leave
without pay.
(b) The period of leave without
pay will not break the continuity of service but will not count for the purpose
of:
(i) accruing
annual leave, incremental progression, sick leave and public holidays;
(ii) accruing long service leave
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 shall include any period without pay
not exceeding six months taken after 1 June, 1980;
(iii) qualifying period for paid
and unpaid paternity leave; and
(iv) the calculation of notice and
severance pay in accordance with clause 40-Redundancy and clause 41-Termination
of Employment.
24. Payment and Particulars of Wages
(i) Wages
shall be paid weekly or fortnightly, provided that, for the purpose of
adjustments of wages related to alterations in the basic wage, from time to
time effective, the pay period shall be deemed to be weekly.
(ii) On each pay day the pay shall
be made up to a day not more than five days prior to the day of payment.
(iii) Employees shall have their
wages paid by direct deposit or electronic transfer into one account with a
bank or other financial institution as nominated by the employee except where
agreement as to payment by cash or cheque has been reached between the Union
and the employer due to the isolation of the place of employment and/or the
limited number of employees.
(iv) Wages shall be deposited by
the employer in sufficient time to ensure that wages are available for
withdrawal by employees by the close of business on pay day. Where the wages are not available to the
employee by such time due to circumstances beyond the employer’s control, the
employer shall not be held accountable for such delay.
(v) Where the services of an
employee are terminated with due notice, all moneys owing shall be paid upon
cessation of employment, but in the case of termination without due notice,
within three working days.
(vi) On payday each employee shall
be provided with a pay slip, which specifies the following particulars:
(a) name and date of payment;
(b) the period for which the
payment is made;
(c) the gross amount
of wages, including overtime and other earnings and annual leave payments for
casuals;
(d) the ordinary pay per hour;
(e) the amount paid as overtime or such information as will enable the amount paid
as overtime to be calculated by the employee;
(f) the amount of other earnings
and the purpose for which they are paid;
(g) the amount deducted for
taxation purposes;
(h) the particulars of all other
deductions; and
(i) the
net amount paid.
(vii) Where an employer has overpaid
an employee, the employer shall notify the employee of such overpayment and how
such overpayment is made up, in writing, and may recover such amounts, with the
agreement of the employee as to the amount of the overpayment and method of
such recovery. This subclause authorises
the use of deductions from wages for the purpose of such recovery. All such
deduction from wages must be authorised in writing by the employee.
25. Service Allowance
(i) All
full-time employees appointed prior to 1 June, 1980,
shall after 10 years' continuous service with the same organisation, be paid by
the said organisation in addition to the rates prescribed in Table 1, Monetary
Rates, of Part B of this award, a service allowance in the following manner:
For 20 years of service and over 10%.
(ii) Payments due under this
clause will be made on the usual pay day when other payments under the award
are made.
(iii) Continuous service in the
same organisation, prior to the commencement of this award shall be taken into account when computing service for the purposes
of this clause.
(iv) Continuous service shall be
deemed not to have been broken by absence from the organisation due to
membership of the defence forces of the Commonwealth in time of war or during
any period of special leave for members of the Military Reserve Forces.
26. Leading Hands
(i) A
leading hand is an employee who is placed in charge of not less than two (2)
other employees of a substantially similar classification,
but does not include any employee whose classification denotes
supervisory responsibility.
(ii) A leading hand shall be paid
a weekly allowance of the amount specified by the item number in accordance
with the following scale:
|
Item Number of
Table 2, Other Rates and Allowances
|
|
in charge of two to five other employees
|
Item 14
|
in charge of six to ten other employees
|
Item 15
|
in charge of eleven to fifteen other employees
|
Item 16
|
in charge of sixteen to nineteen other employees
|
Item 17
|
(iii) This allowance shall be part of
salary for all purposes of this award.
(iv) An employee who works less
than 38 hours per week shall be entitled to the allowances prescribed by this
clause in the same proportion as the average hours worked each week bears to 38
ordinary hours.
27. Higher Duties
(i) An
employee when called upon by the employer to undertake duties carrying a higher
rate of pay than their ordinary classification, shall be paid the higher rate
for the time so spent performing the higher duties.
(ii) This clause shall not apply
when an employee in a higher grade is absent from duty by reason of their
allocated day off duty.
28. Uniforms and Protective Clothing
(i)
(a) Subject to sub-clause (c) of
this sub-clause, sufficient suitable and serviceable uniforms or overalls shall
be supplied free of cost, to each employee required to wear them. An employee to whom a new uniform or part of
a uniform has been supplied by the organisation, who fails to return the
corresponding article last supplied, shall not be entitled to have such article
replaced without payment for it at a reasonable price, in the absence of a
satisfactory reason for the loss of such article or failure to produce such
uniform or part thereof.
(b) Upon termination, an employee
shall return any uniform or part thereof supplied by the organisation, which is
still in use by the employee, immediately prior to leaving.
(c) In lieu of supplying a
uniform to an employee, an employer shall pay the said employee the sum set out
in Item 18 of Table 2, Other Rates and Allowances, of Part B, per week;
(d) In lieu of supplying
special-type shoes where required to an employee, an employer shall pay the
said employee the sum set out in Item 19 of the said Table 2, per week;
(e) In lieu of supplying a
cardigan or jacket where required to an employee an employer shall pay the said
employee the sum per week set out in Item 20 of the said Table 2, per week;
(f) If the uniform of the
employee is not laundered at the expense of the organisation, an allowance of
the amount set out in Item 21 of the said Table 2, per week shall be paid to
the employee.
(g) An employee who works less
than 38 hours per week shall be entitled to the allowances prescribed by this
clause in the same proportion as the average hours worked each week bears to 38
ordinary hours.
(ii) Each employee whose duties
require them to work out of doors shall be supplied with overboots. Sufficient raincoats shall also be made
available for use by these employees.
(iii) Each employee whose duties
require them to work in a hazardous situation with or near machinery shall be
supplied with appropriate protective clothing and equipment.
(iv) For employees engaged in
homecare services the following shall apply;
(a) On request, the employer
shall supply free of charge two sets of full body aprons or other attire as
agreed by the parties;
(b) The attire supplied in
paragraph (a) of this subclause, shall be replaced by the employer on the basis
of fair wear and tear;
(c) The attire supplied in
paragraph (a) shall remain the property of the employer at all times and any
employee applying for a new issue supplied by the employer who fails to return
their last issue shall not be entitled to a new issue without payment thereof;
(g) All new employees at time of
engagement and all existing employees at the time of the next issue of uniforms
may be required to sign an authorisation permitting the employer to deduct the
value of uniforms and/or employer property from termination monies if the
uniform and/or employer’s property is not returned. Employer property is
property personally given to an employee and where such property can reasonably
be expected to remain in the employee’s personal control;
(h) Where the client supplies
equipment, materials and tools, the employer shall ensure that they are of
reasonable quality and comply with safety standards;
(i) Where
an employee is required to work outdoors the employer shall provide a suitable
broad-brimmed hat.
29. Sleepovers
(i) Employees
may, in addition to normal rostered shifts, be required to sleepover. A sleepover means sleeping in at night in order to be on call for emergencies.
(ii) The following conditions
shall apply to each night of sleepover:
(a) The span for a sleepover
shall be not less than eight hours nor more than ten hours on any one night.
(b) Employees shall be provided
with free board and lodging for each night on which they are required to sleep
over.
(c) Employees shall be provided
with a separate room with a bed and use of staff facilities or client
facilities where applicable.
(d) In addition to the provision
of free board and lodging for such nights, the employee shall be entitled to a
sleepover allowance of the amount set out in Item 22 of Table 2 , Other Rates and Allowances, of Part B of this award, for
each night on which they sleepover.
(e) No work other than that of an
emergency nature shall be required to be performed during any sleepover. For the purposes of this clause an emergency
is any unplanned occurrence or event requiring prompt action.
(f) An employee directed to
perform work other than that of an emergency nature during any sleepover shall
be paid the appropriate hourly rate from the start of the sleepover to the end
of the non-emergency work, or from the start of the non-emergency work to the
end of the sleepover, whichever is the lesser, in addition to the sleepover
allowance in paragraph (d) of this subclause.
(g) All time worked during any
sleepover shall count as time worked and be paid for in accordance with the
following provisions:
(1) All time worked by full-time
employees during any sleepover shall be paid for at overtime rates.
(2) All time worked by permanent
part-time employees during any sleepover shall be paid for at ordinary pay plus
applicable shift and weekend penalties; provided that, if the total number of
hours worked on that day exceeds the number of hours worked by full-time
employees, or 11 hours where there are no such full-time employees, then the
excess hours worked on that day shall be paid for at overtime rates; and
provided further that if the total number of hours worked in the week exceeds
38 hours, or exceeds 76 hours in the fortnight as the case may be, then the
excess hours worked in that week or fortnight, as the case may be, shall be
paid for at overtime rates.
(3) All time worked by casual
employees during any sleepover shall be paid for at ordinary pay plus
applicable shift and weekend penalties; provided that if the total number of
hours worked in the week exceeds 38 hours, or exceeds 76 hours in the fortnight
as the case may be, then the excess hours worked in that week or fortnight, as
the case may be, shall be paid for at overtime rates.
(4) And provided further that
where the employee does not have eight consecutive hours off duty between
ordinary rostered duty on successive days, then the provisions of sub-clause
(j) of this sub-clause will apply.
(h) A sleepover may be rostered
to commence immediately at the conclusion of the employee's shift and
continuous with that shift; and/or immediately prior to the employee's shift
and continuous with that shift, and not otherwise.
(i) No
employee shall be required to sleepover during any part of their rostered days
off and/or allocated days off provided for in sub-clauses (iii) and (vi) of
clause 7-Hours.
(j) An employee (whether a
full-time employee, permanent part-time employee or casual employee) who
performs so much work during sleepover periods between the termination of their
ordinary work on any day or shift and the commencement of their ordinary work on
the next day or shift that they have not had at least eight consecutive hours
off duty between these times shall, subject to this sub-clause, be released
after completion of such work until they have had eight consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence. If on the instruction of the
employer such an employee resumes or continues to work without having such
eight consecutive hours off duty they shall be paid at double time of the
appropriate rate applicable on such day until they are released from duty for
such period and they then shall be entitled to be absent until they have had
ten consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(k) Casual employees may only be
used for sleepovers when full-time employees or permanent part-time employees
are not available for that duty and in no case shall casual employees be used
exclusively or almost exclusively for sleepovers.
(iii) Nothing in this clause shall
preclude the employer from rostering an employee to work shift work in lieu of
undertaking sleepovers.
30. Live-in
Hostel Supervisors and Live-in Homecarers
required to live in shall be provided with full board and lodging free of
charge. Where, in these circumstances, supervisors are rostered off duty, other
appropriate staff shall be available.
31. Grievance and Dispute Resolution Procedures
(i) The
following procedures shall be followed in relation to grievances of individual
employees:
(a) The employee is required to
notify the employer, preferably in writing, as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
(b) A grievance must initially be
dealt with as close to the source as possible, with graduated steps for further
discussion and resolution at higher levels of authority.
(c) Reasonable time limits must
be allowed for discussion at each level of authority.
(d) At the conclusion of the
discussion, the employer must provide a response to the employee's grievance,
if the matter has not been resolved, including reasons for not implementing any
proposed remedy.
(ii) The following procedure shall
be followed in relation to disputes, etc., between employers and their
employees:
(a) A question, dispute or
difficulty must initially be dealt with as close to its source as possible,
with graduated steps for further discussion and resolution at higher levels of
authority.
(b) Reasonable time limits must
be allowed for discussion at each level of authority.
(iii) In the case of employers who
employ not more than 20 employees, or where the management structure is such
that all employees are subject to the direct supervision and control of the
employer, graduated steps for further discussion and resolution at higher
levels do not apply.
(iv) While the above procedure is
being followed, work will continue as normal where it is agreed there is an
existing practice, but in other cases work will continue on
the employer’s instructions. No party
will be prejudiced as to the final settlement by continuation of work.
(v) For any of the above
procedures, the employer may be represented by an industrial organisation of
employers and the employee(s) may be represented by an industrial organisation
of employees.
(vi) The industrial organisation
representing employees reserves the right to vary this procedure where it is
considered a safety factor is involved.
32. Attendance at Meetings
Any employee required to attend Occupational Health and Safety
Committee and/or Board of Management meetings in the capacity of employee
representative shall, if such meetings are held outside the ordinary hours of
work, be entitled to receive ordinary pay per hour for the actual time spent in
attendance at such meetings.
In lieu of receiving payment, employees may, with the
agreement of the employer, be permitted to be free from duty for a period of time equivalent to the period spent in
attendance at such meetings. Such time
spent shall not be viewed as overtime for the purposes of this award.
33. Labour Flexibility and Mixed Functions
(i) An
employer may direct an employee to carry out such duties as are within the
limits of the employee's skill, competence and training
(ii) The 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 the
employer pursuant to sub-clause (i) and/or (ii) shall
be consistent with the employer's responsibility to provide a safe and healthy
working environment for employees and the employer's duty of care to residents.
34. Promotions and Appointments
Promotion and/or appointment shall be by merit, provided
however that no employee with a claim to seniority shall be passed over without
having his/her claim considered.
35. Emergency Telephone Calls
An employee required to answer emergency telephone calls
outside of ordinary working hours, but not recalled to duty, shall be
reimbursed rental charges on such telephone calls on production of receipted
accounts. Provided that, where an
employee is required to answer out of hours telephone calls on a relief basis,
he/she shall be paid one-twelfth (1/12th) of his/her yearly telephone rental
for each month or part thereof he/she is so employed.
36. Parental Leave
(i) All
employees are entitled to parental leave in accordance with the provisions of
the Industrial Relations Act 1996.
(ii)
(a) Full-time employees and
permanent part-time employees are eligible for paid parental leave in
accordance with the following provisions:
Permanent employees are eligible
for paid parental leave when they have completed at least 40 weeks'
of continuous service prior to the expected date of birth or prior to the date
of taking custody of the child.
(b) Employees who are eligible
for paid parental leave are entitled to such leave as follows:
(1) Paid Leave
(A) Paid Maternity Leave - an
eligible employee is entitled to nine weeks paid maternity leave at ordinary
pay from the date the maternity leave commences.
Maternity leave may commence up to
nine 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 this period, it is subject to the employee being able to satisfactorily
perform the full range of normal duties.
(B) Paid Paternity or partner
Leave - an eligible employee is entitled to one week
paid paternity or partner leave in any one year at ordinary pay which must
commence within four weeks of the birth of the child. (Eligible employees will
be as defined in the Industrial Relations Act 1996.)
(C) Paid Adoption Leave - an
eligible employee is entitled to paid adoption leave of three weeks from and
including the date of taking custody of the child.
(D) Such leave may be paid:
(i) on
a normal fortnightly basis;
(ii) in advance in a lump sum;
(iii) at the rate of half pay over
a period of 18 weeks on a regular fortnightly basis for maternity leave and at
the rate of half pay over a period of six weeks on a regular fortnightly basis
for adoption leave.
Annual and/or long service leave
credits can be combined with periods of maternity leave or adoption leave on
half pay to enable an employee to remain on full pay for that period.
(2) Unpaid Leave
(A) Unpaid Maternity Leave - An
employee is entitled to a further period of unpaid maternity leave of not more
than twelve months after the actual date of birth of the child.
(B) Unpaid Paternity Leave - An
employee is entitled to a further period of unpaid paternity leave of not more
than three weeks, to be taken in conjunction with a period of paid paternity
leave, unless otherwise agreed by the employer and employee.
(C) Unpaid Adoption Leave - An
employee is entitled to unpaid adoption leave as follows:
(i) where
the child is under the age of 12 months - a period of not more than 12 months
from the date of taking custody;
(ii) 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.
(c) An employee who has once met
the conditions for paid maternity leave and paid adoption leave will not be
required to again work the 40 weeks' continuous service in
order to qualify for a further period of maternity leave or adoption
leave, unless:
(1) 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
(2) 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.
(d) An employee who intends to
proceed on maternity or paternity leave should formally notify the employer of
such intention as early as possible, so that arrangements associated with the
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.
(e) In the case of notification of
intention to take adoption leave, 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 their employer as early as practicable of the intention to take
adoption leave. This will allow
arrangements associated with the adoption leave to be made.
(f) After commencing maternity
leave or adoption leave, an employee may vary the period of her maternity leave
or adoption leave, once, without the consent of the employer and otherwise,
with the consent of the employer. A
minimum of four weeks' notice must be given, although an employer may accept
less notice if convenient.
(g) Any person who occupies the
position of an employee on parental leave must be informed that the employee
has the right to return to her former position.
Additionally, since an employee also has the right to vary the period of
her maternity leave or adoption leave, offers of temporary employment should be
in writing, stating clearly the temporary nature of the contract of
employment. The duration of employment
should also be set down clearly, to a fixed date or until the employee elects
to return to duty, whichever occurs first.
(h) When an employee has resumed
duties, any period of full pay leave is counted in full for the accrual of
annual and long service leave and any period of maternity leave or adoption
leave on half pay is taken into account to the extent
of one-half thereof when determining the accrual of annual and long service
leave.
(i) Except
in the case of employees who have completed ten years’ service the period of
parental leave without pay does not count as service for long service leave
purposes. Where the employee has
completed ten years’ service the period of parental leave without pay shall
count as service for long service leave purposes provided such leave does not
exceed six months.
(j) Parental leave without pay
does not count as service for incremental purposes. Periods of parental leave on full pay and at
half pay are to be regarded as service for incremental progression on a
pro-rata basis.
(k) Where public holidays occur
during a period of paid parental leave, payment is at the rate of parental
leave received, that is the public holidays occurring in a period of full pay
parental leave are paid at the full rate and those occurring during a period of
half pay leave are paid at the half rate.
(l) 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.
(m) Where an employee is entitled
to paid maternity leave, but because of illness, is on sick, recreation, long
service leave, or sick leave without pay prior to the birth, such leave ceases
nine weeks prior to the expected date of the birth. The employee then commences maternity leave
with the normal provisions applying.
(n) 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. 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.
(o) In the event of a miscarriage
any absence from work is to be covered by the current sick leave provisions.
(p) In the case of stillbirth, an
employee may elect to take sick leave, subject to the 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.
(q) An employee who gives birth
prematurely, and prior to proceeding on maternity leave shall 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.
(r) An employee returning from
parental leave has the right to resume their 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.
(s) Employees may make application
to their employer to return to duty for less than the full-time hours they
previously worked by taking weekly leave without pay. Such return to work is to be according to the
following principles:
(1) the period is to be limited
to twelve months after which the full-time duties must be resumed;
(2) the employee is to make an
application for leave without pay to reduce her full-time weekly hours of
work. This application should be made as
early as possible to enable the employer to make suitable staffing arrangements. At least four weeks' notice must be given;
(3) the quantum of leave without pay to be granted to individual employees is to be at the
absolute discretion and convenience of the employer;
(4) salary and conditions of
employment are to be adjusted on a basis proportionate to the employee's
full-time hours of work, that is for long service leave the period of service
is to be converted to the full-time equivalent and credited accordingly.
(5) Full-time employees who
return to work under this arrangement remain full-time employees.
(t) Where an employee becomes
pregnant whilst on maternity leave, a further period of maternity leave may be
granted. Should this second period of
maternity leave commence during the currency of the
existing period of maternity leave, then any residual maternity leave from the
existing entitlement lapses.
(iii) An employer must not fail to
re-engage a regular casual employee (see section 53(2) of the Industrial
Relations Act 1996 (NSW)) because:
(a) the employee or employee's
spouse is pregnant; or
(b) 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.
(iv) Right to request
(a) An employee entitled to
parental leave may request the employer to allow the employee:
(1) to extend the period of simultaneous
unpaid parental leave use up to a maximum of eight weeks;
(2) to extend the period of
unpaid parental leave for a further continuous period of leave not exceeding 12
months;
(3) to return from a period of
parental leave on a part-time basis until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(b) The employer shall consider
the request having regard to the employee’s circumstances and, provided the
request is genuinely based on the employee’s parental responsibilities, may
only refuse the request on reasonable grounds related to the effect on the
workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee’s request and the
employer’s decision to be in writing
The employee’s request and the
employer’s decision made under Clauses 38(iv)(a)(2) and 38(iv)(a)(3) must be
recorded in writing.
(d) Request to return to work
part-time
Where an employee wishes to make a
request under Clause 36(iv)(a)(3) such a request must be made as soon as
possible but no less than seven weeks prior to the date upon which the employee
is due to return to work from parental leave.
(v) Communication during parental
leave
(a) Where an employee is on
parental leave and a definite decision has been made to introduce significant
change at the workplace, the employer shall take reasonable steps to:
(1) make information available in
relation to any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing
parental leave; and
(2) provide an opportunity for the
employee to discuss any significant effect the change will have on the status
or responsibility level of the position the employee held before commencing
parental leave.
(b) The employee shall take
reasonable steps to inform the employer about any significant matter that will
affect the employee’s decision regarding the duration of parental leave to be
taken, whether the employee intends to return to work and whether the employee
intends to request to return or other contact details which might affect the
employer’s capacity to comply with Clause 36(v)(a).
(c) The employee shall also
notify the employer of changes of address or other contact details which might
affect the employer’s capacity to comply with paragraph (a).
37. Repatriation Leave
(i) Employees
who are ex-servicemen or ex-service women may be granted special leave in one
or more periods up to a maximum of 6½ working days in any period of 12 months
without deduction from annual or sick leave credits for the following purposes
in connection with an accepted war-caused disability or in connection with an
application to the Repatriation Department for a disability to be so accepted:
(a) to attend a hospital or
clinic or visit a medical officer in that regard;
(b) to attend a hospital, clinic
or medical officer or to report for periodical examination or attention;
(c) to attend limb factories for
the supply, renewal and repair of artificial replacements and surgical
appliances.
(ii) Employees are to provide the
employer with documentary evidence as to the attendance prior to the payment of
special leave being granted.
38. Union Representative
An employee appointed Union representative shall, upon
notification thereof in writing to the organisation, within 14 days of such
appointment, or as soon as practicable thereafter, be recognised as the
accredited representative of the Union and shall be allowed the necessary time,
during working hours, to interview the employer on matters affecting employees.
39. Apprentices
(i) Indentured
apprentice means an employee who is serving a period of training under an
indenture for the purpose of rendering them fit to be a qualified worker in an
industry. Apprentices may be indentured
to an organisation as cooks or gardeners.
(ii) Apprenticeship means an
apprenticeship established under the Apprenticeship and Traineeship Act
2001.
(iii) The minimum rates of wages
for apprentice cooks shall be the following percentages of the rate applicable
to the classification of Care Service Employee Grade 3 as varied from time to
time:
First year
|
60%
|
Second year
|
82.5%
|
Third year
|
92.5%.
|
(iv) The minimum rates of wages for
apprentice gardeners shall be the following percentages of the rate applicable
for the classification of a Care Service Employee Grade 3 as varied from time
to time:
First year
|
50%
|
Second year
|
60%
|
Third year
|
80%
|
Fourth year
|
90%.
|
(v) Apprentices attending college
for training shall be entitled to fares to and from home to college.
(vi) An apprentice who obtains and
hands to his/her employer a certificate or statement of having passed his/her
first year technical college examination and in respect of whom a satisfactory
report as to conduct, punctuality and progress is furnished shall be paid an
allowance of the amount in Item 23 of Table 2, Other Rates and Allowances, of
Part B of this award, per week in addition to the rates prescribed in the
ensuing twelve months, plus an additional allowance of the amount in the said
Item 23 per week if he/she passes each subsequent year.
(vii) The ordinary hours of work for
apprentices shall be as prescribed in clause 7, Hours. No apprentice shall be permitted or required
to perform work which would prevent the apprentice from attending classes at
TAFE.
(viii) Wages for school
based apprentice
(a) The hourly rates for full time
apprentices as set out in this Award shall apply to school
based apprentices for total hours worked including time deemed to be
spent in off-the job training.
(b) For the purposes of subclause
(a) of this clause, where a school based apprentice is
a full time school student, the time spent in off-the-job training for which
the school based apprentice is paid is deemed to be 25 per cent of the actual
hours worked on-the-job each week. The wages paid for training time may be
averaged over the school term or year.
(c) Where this Award specifies a
weekly rate for full time apprentices the hourly rate shall be calculated by
dividing the applicable weekly rate by 38.
(ix) Progression through Wage
Structure
(a) School based apprentices
progress through the wage scale at the rate of 12 months’ progression for each
two years of employment as an apprentice.
(b) The rates of pay are based on
a standard apprenticeship of four years. The rate of progression reflects the
average rate of skill acquisition expected from the typical combination of work
and training for a school based apprentice undertaking
the applicable apprenticeship.
(x) Conversion from a school
based to a full time apprenticeship
Where an apprentice converts from
a school based to a full-time apprenticeship, all time spent as a full-time
apprentice counts for the purpose of progression through the wage scale set out
in this Award. This progression applies in addition to the progression achieved
as a school based apprentice.
(xi) Conditions of Employment
Except as provided by this award, school based apprentices are entitled to pro rata
entitlements of all other conditions of employment contained in this Award.
(xi) Disputes and Disciplinary
Matters
The provisions of the Apprenticeship
and Traineeship Act 2001 shall apply for the resolution of disputes and
disciplinary matters.
40. Redundancy
(i) For
the purposes of this Clause, "Continuous service" shall be
interpreted in the same manner as "service of a worker" is interpreted
in the Long Service Leave Act, 1955 as at 22 July,
1996. Periods of leave without pay,
including parental leave without pay, do not break the continuity of service of
an employee but are not to be taken into account in
calculating length of service for the purposes of this award.
(ii) Introduction of Change
(a) Employer's duty to notify -
(1) Where the employer has made a
definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the employer shall notify the employees who may be
affected by the proposed changes and the Union.
(2) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
(b) Employer's duty to discuss
change -
(1) The employer shall discuss
with the employees affected and the union to which they belong, inter alia, the
introduction of the changes referred to in subclause (a) of this clause, the
effects the changes are likely to have on employees and measures to avert or
mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(2) The discussion shall commence
as early as practicable after a definite decision has been made by the employer
to make the changes referred to in subclause (a) of this clause.
(3) For the purpose of such
discussions, the employer shall provide to the employees concerned and the
union to which they belong all relevant information about the changes,
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees, provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer. Provided that the making of any positions redundant
shall not be deemed to be confidential information for the purposes of this
award.
(iii) Redundancy
Discussions before terminations -
(a) Where an employer has made a definite
decision that the employer no longer wishes the job the employee has been doing
done by anyone and that decision may lead to termination of the employee's
employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
(b) The discussions shall take
place as soon as is practicable after the employer has made a definite decision
which will invoke the provisions of subclause (a) of this clause and, in any
case, prior to the beginning of the period of notice required by subclause (iv)
of this clause. These discussions shall
cover, inter alia, any reasons for the proposed terminations, and measures to
avoid or minimise the terminations, and measures to mitigate any adverse
effects of any terminations on the employees concerned.
(c) For the purposes of the
discussion the employer shall, as soon as practicable and, in any case, prior
to the beginning of the period of notice required by the said subclause (iv),
provide to the employees concerned and to the union to which they belong, all
relevant information about the proposed terminations, including the reasons for
the proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer. Provided that the making of
any positions redundant shall not be deemed to be confidential information for
the purposes of this award.
(iv) Termination of Employment
(a) Notice for changes in
production, program, organisation or structure -
This paragraph sets out the notice
provisions to be applied to terminations or proposed terminations of the
employment of an employee by the employer in circumstances where the employer
no longer wishes the job which the employee has been doing to be done by
anyone, for any reason (other than technological change), and for reasons
arising from production, program, organisation or structure in accordance with
subparagraph (1) of paragraph (a) of subclause (ii) of this clause. These
provisions shall be at least the minimum periods of notice as provided in
Clause 41-Termination of Employment.
(b) Notice for technological
change -
This paragraph sets out the notice
provisions to be applied to terminations or proposed terminations by the
employer for reasons arising from technology in accordance with subparagraph
(1).
(1) An employer shall not
terminate the employment of an employee unless the employer has given to the
employee at least three months' notice of termination.
(2) Payment in lieu of the period
of notice specified in subparagraph (1) of this paragraph shall be made if the
said period of notice is not given.
Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu of the period of notice specified.
(3) The period of notice required
by this sub-clause to be given shall be deemed to be service with the employer
for the purposes of the Long Service Leave Act 1955, the Annual
Holidays Act 1944, or any act amending or replacing either of these Acts.
(c) Time off during the notice
period -
(1) During the period of notice
of termination given by the employer, each affected employee shall be allowed
up to one day's time off without loss of pay for each week of notice, up to a
maximum of five days off, for the purposes of seeking other employment.
(2) If an employee has been
allowed paid leave for more than one day during the notice period for the purpose
of seeking other employment, if the employer so requests, the employee shall be
required to produce proof of attendance at an interview. If the employee is so
required to produce such proof of attendance and fails to do so, the employee
shall not be entitled to receive payment for such time.
(d) Employee leaving during the
notice period - If the employment of an employee is terminated (other than for
misconduct) before the notice period expires, the employee shall be entitled to
the same benefits and payments to which the employee shall be entitled had the
employee remained with the employer until the expiry of such notice.
(e) Statement of employment - The
employer shall provide to each employee whose employment has been terminated, a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(f) Notice to Centrelink - Where
a decision has been made to terminate the employment of 15 or more employees,
the employer shall notify Centrelink of this, as soon as possible, giving
relevant information, including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(g) Centrelink Employment
Separation Certificate - The employer shall provide to an employee whose
employment has been terminated an Employment Separation Certificate in the form
required by Centrelink.
(h) Transfer to Lower Paid Duties
- Where an employee is genuinely transferred to a lower paid classification for
reasons set out in paragraph (a) of subclause (ii) of this clause, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee’s employment has been terminated.
The employer will however in addition continue to pay the employee their former
ordinary pay for a period equivalent to one week for each year of service
completed with the employer to a maximum of six weeks.
(v) Retrenchment Pay
Unless the Industrial Relations
Commission of New South Wales subsequently orders otherwise pursuant to
sub-clause (vi) of this clause, where the employment of an employee is to be
terminated, for reasons set out in subclause (ii) of this clause, the employer
shall pay, in addition to other payments due to that employee, the following
retrenchment pay in respect of the following continuous periods of service:
(a) Where the employee is under
45 years of age, the employer shall pay the employee in accordance with the
following scale:
Minimum Years of
Service
|
Retrenchment Pay
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks’ pay
|
2 years and less than 3 years
|
7 weeks’ pay
|
3 years and less than 4 years
|
10 weeks’ pay
|
4 years and less than 5 years
|
12 weeks’ pay
|
5 years and less than 6 years
|
14 weeks’ pay
|
6 years and over
|
16 weeks’ pay.
|
(b) Where the employee is 45 years
of age or over, the employer shall pay the employee in accordance with the
following scale:
Minimum Years of
Service
|
Retrenchment Pay
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks’ pay
|
2 years and less than 3 years
|
8.75 weeks’ pay
|
3 years and less than 4 years
|
12.5 weeks’ pay
|
4 years and less than 5 years
|
15 weeks’ pay
|
5 years and less than 6 years
|
17.5 weeks’ pay
|
6 years and over
|
20 weeks’ pay
|
(c) "Week's pay" means
the rate of pay for the employee concerned at the date of termination, and
shall include in addition to the ordinary pay any over-award payments:
(1) shift allowances as
prescribed in sub-clauses (i) and (ii) of clause
14-Penalty Rates and Shift Allowances;
(2) weekend penalties as
prescribed in sub-clause (iii) of the said clause 14;
(3) service allowances as
prescribed in subclause (i) of clause 25-Service Allowance;
(4) broken shift allowances as
prescribed in clause 6-Hours;
(5) sleepover allowances as
prescribed in clause 29-Sleepovers;
(6) apprentices’ TAFE examination
allowances as prescribed in clause 39-Apprentices;
(7) climatic and isolation allowances
as prescribed in clause 13-Climatic and Isolation Allowances;
(8) leading hand allowances as
prescribed in clause 26-Leading Hands;
(9) Laundry and Dry Cleaning Certificate allowance as prescribed in Table 2,
Other Rates and Allowances, of Part B of this Award.
(vi) Incapacity to Pay
Subject to an application by the
employer and further order of the Industrial Relations Commission an employer
may pay a lesser amount (or no amount) of retrenchment pay than that contained
in sub-clause (v) of this clause.
The Industrial Relations
Commission shall have regard to such financial and other resources of the
employer concerned as the Industrial Relations Commission thinks relevant, and
the probable effect paying the amount of retrenchment pay in the said subclause
(v) will have on the employer.
(vii) Alternative Employment
Subject to an application by the
employer and further order of the Industrial Relations Commission, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
subclause (v) Retrenchment Pay, above if the employer obtains acceptable
alternative employment for an employee.
41. Termination of Employment
(i) Employment,
other than of a casual, will be terminated only by appropriate notice on either
side or by the payment by the employer or forfeiture by the employee of wages
in lieu of notice. Provided that employment may be terminated by part of the
period of notice specified, and part payment or forfeiture, in lieu of the
period of notice specified.
(ii) Notice of termination by
employer -
(a)
(1)
Period of
Continuous Service
|
Minimum Period of
Notice
|
1 year or less
|
1 week
|
More than 1 year but not more than 3 years
|
2 weeks
|
More than 3 years but not more than 5 years
|
3 weeks
|
More than 5 years
|
4 weeks
|
(2) A Care Service Employee-Grade
4 who has responsibility for the overall management of a facility and a Care
Service Employee-Grade 5 shall be entitled to four week’s
notice.
(b) Employees aged 45 years or
older will be entitled to an additional one week’s notice in the following
circumstances:
(1) On completion of at least
five years continuous service, for Care Service Employees-Grade 4 who have
responsibility for the overall management of a facility, and Care Service
Employees-Grade 5; and
(2) On completion of at least two
years continuous service for all other employees other than casuals.
(c) Casuals are to be given
notice to the end of the current shift worked.
(iii) Notice by Employee
(a) Subject to paragraphs (b) and
(c) of this subclause, employees shall give the employer one weeks’ notice of
termination in writing.
(b) A Care Service Employee-Grade
4 who has responsibility for the overall management of a facility and a Care
Service Employee-Grade 5 shall give four weeks’ notice of termination in
writing.
(c) Casuals shall only be
required to give notice to the end of the current shift worked.
(iv) The employer may, without
notice, summarily dismiss an employee at any time for misconduct or wilful
disobedience. Payment is up to the time of
dismissal only. Serious misconduct is
where it would be unreasonable to require the employer to continue the
employment during a notice period.
(v) The employer will give the
employee a statement signed by the employer stating the period of employment
and when the employment was terminated if the employee requests.
(vi) Abandonment of Employment -
Where an employee is absent from
work for a continuous period of two working days without the consent of the
employer, and without notification to the employer, the employer shall be
entitled to inform the employee by written correspondence that unless the
employee provides a satisfactory explanation for her/his absence within two
days of the receipt of such a request, the employee will be considered to have
abandoned employment.
42. Notice Board
(i) The
employer shall permit a notice board of reasonable dimensions to be erected in
a prominent position upon which the Union representatives shall be permitted to
post Union notices.
(ii) The employer shall keep
exhibited a copy of this award in accordance with Section 361 of the Industrial
Relations Act 1996.
43. Accommodation and Amenities
(i) The
minimum standards as set out in all relevant occupational health and safety
legislation shall be met in the provision of amenities to employees.
(ii) Such amenities must include:
(a) change rooms and lockers;
(b) meal room;
(c) facilities for boiling water,
warming and refrigerating food and for washing and storing, dining utensils;
(d) rest room;
(e) washing and bathing facilities;
(f) sanitary conveniences; and
(g) Safe and secure workplace.
(iii) sub-clauses (i) & (ii) above shall not apply to homecare employees.
(iv) This clause does not create
legal rights or obligations in addition to those imposed upon the parties by
legislation referred to in this clause.
44. Inspection of Lockers
Lockers may only be opened for inspection in the presence of
the employee but in cases where the employee neglects or refuses to be present
or in any circumstances where notice to the employee is impracticable, such
inspection may be carried out in the absence of the employee by an officer of
the employer and a union representative where practicable, otherwise by any two
officers of the facility appointed by the employer for that purpose.
45. Consultative Arrangements
The parties support the development of consultative
arrangements in the aged care industry and to that end recommend that
facilities establish consultative teams and that those teams meet
regularly. The number of management
representatives should not exceed the number of staff representatives. The meetings are a forum to allow the
exchange of ideas and information on policies, procedures, etc. Members should encourage the development of
skills by attendance at recognised training forums and greater participation of
all employees in the consultative process.
46. Training
(i) Employees
will be given on-going training as necessary, relevant to their roles and
responsibilities.
(ii) Each employee shall provide to
his/her employer details of their attendance at training and the employer shall
keep a record of this attendance.
(iii) Upon termination of the
employee’s employment the employer shall provide to the employee a written
statement of the hours of training attended by the employee.
(iv) Where practicable, such
training shall be provided to employees during their normal rostered hours of
work. Where this is not practicable:
(a) Employees shall attend
training outside their normal rostered working hours when required to do so by
the employer;
(b) An employer shall provide
employees with two weeks’ notice of the requirement to attend training outside
of their normal rostered working hours;
(c) Notwithstanding clause 10,
Overtime, attendance at such training shall be paid ordinary pay for the period
of training.
(d) An employer requiring an
employee to attend training shall also pay to the employee ordinary pay for
time travelling to and from a period of training referred to in subclause (c)
of this clause that is in excess of the time normally
taken for that employee to attend work.
(e) When receiving travelling
time as set out in subclause (d) above in this clause, any employee using their
own vehicle for attendance at such training shall be reimbursed as set out in
Item 5 of Table 2, Other Rates and Allowances, of Part B of this Award.
(f) Training provided outside
the normal rostered hours of work shall be arranged so as to
allow full-time employees to have at least eight or ten hours off-duty before
or after training and the end or beginning of their shift, whichever is
applicable as set out in Clause 6-Hours. Where practicable, similar
arrangements should also be made available to all other employees.
(g) Any training undertaken by an
employee that occurs at a workplace is not intended to replace or supplement
staffing levels and the normal levels of service delivery at such a workplace.
(h) Not withstanding subclause
(ix) of Clause 6-Hours, subclause (ii) of Clause 9-Overtime will not apply
where attendance at such training is outside the normal rostered working time
of other than full-time employees and where it interrupts the applicable eight or ten hour break between shifts.
47. Leave Reserved
The parties agree to the following:
(a) continue to review the
classification structures within the Award to ensure their on-going currency
and relevance to the industry; and
(b) continue discussions
regarding reasonable workloads.
48. Reasonable Hours
(i) Subject
to sub-clause (ii) an employer may require an employee to work reasonable
overtime at overtime rates.
(ii) An employee may refuse to
work overtime in circumstances where the working of such overtime would result
in the employee working hours which are unreasonable.
(iii) For the purposes of
sub-clause (ii) what is reasonable or otherwise will be determined having
regard to:
(a) any risk to employee health
and safety.
(b) The employee’s personal
circumstances including any family and carer responsibilities.
(c) The needs of the workplace or
enterprise.
(d) The notice (if any) given by
the employer of the overtime and by the employee of his or her intention to
refuse it; and
(e) Any other relevant matter.
49. Secure Employment
(a) Objective of this Clause
The objective of this clause is
for the employer to take all reasonable steps to provide its employees with
secure employment by maximising the number of permanent positions in the
employer’s workforce, in particular by ensuring that
casual employees have an opportunity to elect to become full-time or part-time
employees.
(b) Casual Conversion
(i) 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 shall thereafter have the right to elect to have
his or her ongoing contract of employment converted to permanent full-time
employment or part-time employment if the employment is to continue beyond the
conversion process prescribed by this subclause.
(ii) Every employer of such a
casual employee shall 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.
(iii) Any casual employee who has a
right to elect under paragraph (b)(i), upon receiving
notice under paragraph (b)(ii) 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 shall consent to or refuse the election, but shall
not unreasonably so refuse. Where an employer refuses an election to convert,
the reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.
(iv) 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.
(v) 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.
(vi) 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 (b)(iii), the employer and
employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii),
discuss and agree upon:
(1) whether the employee will
convert to full-time or part-time employment; and
(2) if it is agreed that the
employee will become a part-time employee, the number of hours and the pattern
of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked
on a full-time basis throughout the period of casual employment has the right
to elect to convert his or her contract of employment to full-time employment
and an employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an agreement being
reached pursuant to paragraph (vi), the employee shall convert to full-time or
part-time employment. If there is any dispute about the arrangements to apply
to an employee converting from casual employment to full-time or part-time
employment, it shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(viii) An employee must not be
engaged and re-engaged, dismissed or replaced in order to
avoid any obligation under this subclause.
(c) Occupational Health and
Safety
(i) For
the purposes of this subclause, the following definitions shall apply:
(1) 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.
(2) 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 shall do the following (either directly,
or through the agency of the labour hire or contract business):
(1) consult with employees of the
labour hire business and/or contract business regarding the workplace occupational
health and safety consultative arrangements;
(2) provide employees of the
labour hire business and/or contract business with appropriate occupational
health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(3) 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
(4) 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 subclause
(c) is intended to affect or detract from any obligation or responsibility upon
a labour hire business arising under the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes Regarding the Application
of this Clause
Where a dispute arises as to the
application or implementation of this clause, the matter shall be dealt with
pursuant to the disputes settlement procedure of this
award.
(e) This clause has no
application in respect of organisations which are properly registered as Group
Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
50.
Superannuation
(i) Superannuation legislation
(a) Superannuation
legislation, including the Superannuation Guarantee (Administration) Act
1992 (Cth), the Superannuation Guarantee Charge
Act 1992 (Cth), the Superannuation Industry
(Supervision) Act 1993 (Cth) and the Superannuation
(Resolution of Complaints) Act 1993 (Cth), deals
with the superannuation rights and obligations of employers and employees.
Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation
fund. If an employee does not choose a superannuation fund, any superannuation
fund nominated in the award covering the employee applies.
(b) The rights and obligations in
these clauses supplement those in superannuation legislation.
(ii) Employer contributions
An employer must make such
superannuation contributions to a superannuation fund for the benefit of an
employee as will avoid the employer being required to pay the superannuation
guarantee charge under superannuation legislation with respect to that employee.
(iii) Voluntary
employee contributions
(a) Subject
to the governing rules of the relevant superannuation fund, an employee may, in
writing, authorise their employer to pay on behalf of the employee a specified
amount from the post-taxation wages of the employee into the same
superannuation fund as the employer makes the superannuation contributions
provided for in subclause (ii)
(b) An
employee may adjust the amount the employee has authorised their employer to
pay from the wages of the employee from the first of the month following the
giving of three months’ written notice to their employer.
(c) The employer must pay the
amount authorised under paragraphs (a) or (b) no later than 28 days after the
end of the month in which the deduction authorised under paragraphs (a) or (b)
was made.
(iv) Superannuation fund
Unless, to comply with
superannuation legislation, the employer is required to make the superannuation
contributions provided for in subclause (ii) to another superannuation fund
that is chosen by the employee, the employer must make the superannuation contributions
provided for in subclause (ii) and pay the amount authorised under paragraphs
(iii) (a) or (b) to the following superannuation funds or its successor:
(a) Local Government
Superannuation Scheme
(b) a superannuation fund or
scheme which the employee is a defined benefit member of.
51. Area, Incidence and Duration
(i) This
award rescinds and replaces the following awards:
(a) Charitable Sector Aged and
Disability Care Services (State) Award published 7 May 2004 (344 IG 331), and
all variations thereof;
(b) Charitable Aged and
Disability Care Services (State) Award published 21 June 2002 (334 IG 601), and
all variations thereof;
(c) Charitable Institutions
(Professional Paramedic Staff) (State) Award 2006 published 31 August 2001 (327
IG 399) and all variations thereof;
(d) Private Hospital, Aged Care
and Disability Services (Training) (State) Award published 2 June 2000 (315 IG
1404), and all variation thereof;
(e) Private Health and Charitable
Sector Superannuation Employees Superannuation (State) Award published 7
December 2001 (330 IG 89)
(ii) This award shall apply to all
persons employed in home care services and aged care facilities (which may be variously
referred to as retirement village, nursing home, hostel, accommodation support
service or community residential unit) run by local government and who come
within the constitutional rule of the HSU New South Wales.
(iii) This award shall apply to all
persons employed in home care services for the disabled in the private
disabilities service industry and aged care facilities, (which may be variously
referred to as retirement village, nursing home, hostel, accommodation support
service or community residential unit) run by local government and who come
within the constitutional rule of the HSU New South Wales.
(iv) Provided that this award shall
not apply to persons substantially engaged in counselling, social welfare
advice and referral, assessment of disability, design of disability services
programmes, or community development work in connection with services for the
disabled or social workers or social educators properly so-called; provided
this exclusion does not apply to persons eligible to become members of HSU New
South Wales who are employed as residential care workers, and persons primarily
engaged in supervising the work performed by disabled persons, or in domestic
duties in Sheltered Workshops for the disabled.
(v) Provided that this shall also
not apply to persons who are employed in providing home care services to
clients in private residences which are not operated as an adjunct to a
retirement village, nursing home, hostel, accommodation support service or community
residential unit or where the provisions of the consolidated Miscellaneous
Workers Home Care Industry (State) Award, reprinted 27 January 2012 (372 IG
490), as varied, apply.
(v) This award shall take effect
on and from the beginning of the first pay period to commence on or after 25
November 2015 and it shall have a nominal terms of 3 years.
PART B
Table 1 - Monetary
Rates
|
Rate p/week from 1 September 2023
$
|
Rate p/week from 1 September 2024 (3.75%
increase)
$
|
Care Service
Employees
|
|
|
Grade 1
|
1089.01
|
1129.85
|
Grade 2
|
1130.89
|
1173.30
|
Grade 3
|
1144.22
|
1187.13
|
Grade 4
|
|
|
- Level 1
|
1183.03
|
1227.39
|
- Level 2
|
1276.73
|
1324.61
|
Grade 5
|
from
|
1361.76
|
1412.83
|
|
to
|
2012.18
|
2087.64
|
1. Note: Employees classified and paid as Recreational
Activities Officers as at 10 November, 1998 be
reclassified in accordance with the new definitions of Care Service
Employee. Employees reclassified at
Grade 2 by virtue of the above exercise, shall be paid at Grade 3 from the
effective date of this award, and continue to be so paid whilst employed in the
provision of recreational activities by their current employer. These employees
may be required to perform the duties of a Level 3 Care Services Employee where
they have the skill and competence to do so.
2. Note: Salary Band-Grade 5 - Employers and employees
may negotiate a rate within the salary band as shown. For the purposes of this award, the rate so
negotiated shall be deemed to be the employee's award rate of pay. Salaries in excess of
the salary band may also be negotiated between the parties.
|
Rate p/week from 1 September 2023
$
|
Rate p/week from 1 September 2024 (3.75%
increase)
$
|
Maintenance
Supervisors
|
|
|
Maintenance
Supervisor (Otherwise)
|
1168.18
|
1211.99
|
Maintenance
Supervisor (Otherwise)
|
|
|
- in charge of staff
|
1193.44
|
1238.19
|
Maintenance
Supervisor (Tradesperson)
|
1266.58
|
1314.08
|
|
|
|
Catering Officer
|
|
|
Trainee Catering
Officer
|
|
|
1st year
|
1033.44
|
1072.19
|
2nd year
|
1052.01
|
1091.46
|
3rdyear
|
1073.35
|
1113.60
|
Assistant
Catering Officer
|
|
|
80-120 beds
|
1083.96
|
1124.61
|
120-300 beds
|
1154.45
|
1197.74
|
300-500 beds
|
1238.89
|
1285.35
|
500-1000 beds
|
1271.77
|
1319.46
|
Catering Officer
|
|
|
80-120 beds
|
1205.32
|
1250.52
|
120-200 beds
|
1238.89
|
1285.35
|
200-300 beds
|
1271.77
|
1319.46
|
300-500 beds
|
1335.22
|
1385.29
|
500-1000 beds
|
1441.25
|
1495.30
|
|
|
|
Diversional
Therapist
|
|
|
1st year of
experience
|
1078.20
|
1118.63
|
2nd year of
experience
|
1131.84
|
1174.28
|
3rd year of
experience
|
1184.91
|
1229.34
|
4th year of
experience
|
1237.86
|
1284.28
|
5th year of
experience and thereafter
|
1288.62
|
1336.94
|
|
|
|
Dieticians
|
|
|
1st year of
service
|
1173.83
|
1217.85
|
2nd year of
service
|
1225.40
|
1271.35
|
3rd year of
service
|
1286.66
|
1334.91
|
4th year of
service
|
1352.98
|
1403.72
|
5th year of
service
|
1414.37
|
1467.41
|
6th year of
service
|
1463.28
|
1518.15
|
7th year of
service
|
1500.31
|
1556.57
|
|
|
|
Therapists and
Social Workers (excluding Diversional Therapists)
|
|
|
1st year of
service
|
1143.37
|
1186.25
|
2nd year of
service
|
1173.83
|
1217.85
|
3rd year of
service
|
1225.40
|
1271.35
|
4th year of
service
|
1286.66
|
1334.91
|
5th year of
service
|
1352.98
|
1403.72
|
6th year of
service
|
1414.37
|
1467.41
|
7th year of
service
|
1463.28
|
1518.15
|
8th year of
service & thereafter
|
1500.31
|
1556.57
|
|
|
|
Apprentices
|
|
|
Apprentice Cook
|
|
|
1st year
|
670.85
|
696.01
|
2nd year
|
922.45
|
957.04
|
3rd year
|
1034.24
|
1073.02
|
Apprentice
Gardener
|
|
|
1st year
|
559.06
|
580.02
|
2nd year
|
670.85
|
696.01
|
3rd year
|
894.53
|
928.07
|
4th year
|
1006.33
|
1044.07
|
|
|
|
Homecare
Employees
|
|
|
Homecare Employee
|
|
|
Grade 1
|
998.48
|
1035.92
|
Grade 2
|
1047.51
|
1086.79
|
Grade 3
|
1120.18
|
1162.19
|
|
Rate p/week from 1 September 2023
$
|
Rate p/week from 1 September 2024 (3.75%
increase)
$
|
Live-in Homecarers
|
|
|
Grade 1
|
Daily Rate
|
259.69
|
269.43
|
Grade 2
|
Daily Rate
|
293.27
|
304.27
|
Grade 3
|
Daily Rate
|
339.99
|
352.74
|
|
|
|
Clerical &
Administrative Employees
|
|
|
Juniors
|
|
|
At 16 years of
age and under
|
543.14
|
563.51
|
At 17 years of
age
|
615.47
|
638.55
|
At 18 years of
age
|
705.68
|
732.14
|
At 19 years of
age
|
795.31
|
825.13
|
At 20 years of
age
|
876.89
|
909.77
|
Adults
|
|
|
Grade 1
|
1071.50
|
1111.68
|
Grade 2
|
1135.18
|
1177.75
|
Grade 3
|
1190.09
|
1234.72
|
Grade 4
|
1255.04
|
1302.10
|
Grade 5
|
1311.69
|
1360.88
|
Note 1: Any employee paid on a classification/grade
carrying a higher wage rate as at 10 November, 1998
shall have the difference between the higher rate and the new agreed grade/rate
preserved whilst remaining to undertake the duties associated with the
classification held prior to the date referred to above.
Note 2: Clerks who are paid at a grade above that of
Grade 5 as at 10 November, 1998 shall have the difference
between that grade, inclusive of the 1998 State Wage Case Increase, and the new
agreed grade preserved whilst employed in a clerical position with their
current employer.
Table 2 -
Allowances
Item No.
|
Clause No.
|
Brief Description
|
|
Rate from
1 September 2023
$
|
Rate from
1 September 2024
$
|
1
|
6(xi)(c)
|
Broken Shift
|
per shift
|
12.67
|
13.15
|
2
|
8(iii)(a)
|
Overtime - Breakfast
|
per meal
|
15.58
|
16.16
|
3
|
8(iii)(b)
|
Overtime - Luncheon
|
per meal
|
20.12
|
20.87
|
4
|
8(iii)(c)
|
Overtime - Evening Meal
|
per meal
|
29.39
|
30.49
|
5
|
9(iii)(b)
|
Overtime - recall use of own vehicle
|
per km
|
0.44
|
0.46
|
6
|
9(iii)(c)
|
On Call Allowance
|
per day
|
20.64
|
21.41
|
|
13(i)
|
|
(24 hrs)
|
|
7
|
13(ii)
|
Climatic & Isolation Allowance
|
per/week
|
8.21
|
8.52
|
8
|
15(i)(a)
|
Climatic & Isolation Allowance
|
per week
|
15.52
|
16.10
|
9
|
15(i)(b)
|
Cleaning/Scraping Work - Confined Space
|
per hour
|
0.77
|
0.80
|
10
|
9(iii)(c)
|
Cleaning Scraping Work - Boiler/Flue
|
per hour
|
1.24
|
1.29
|
11
|
15(iii)
|
Linen Handling - Nauseous Nature
|
per hour
|
0.40
|
0.42
|
12
|
15(v)
|
Use of own vehicle
|
per week
|
0.89
|
0.92
|
13
|
15(ix)
|
Laundry & Dry
Cleaning certificate Allowance
|
per week
|
13.65
|
14.16
|
14
|
26(ii)
|
Leading Hand Allowance - in charge 2-5
employees
|
per week
|
33.60
|
34.86
|
15
|
26(ii)
|
Leading Hand Allowance - in charge 6-10
employees
|
per week
|
48.05
|
49.85
|
26
|
26(ii)
|
Leading Hand Allowance - in charge 11-15
employees
|
per week
|
60.68
|
62.96
|
17
|
26(ii)
|
Leading Hand Allowance - in charge 16-19
employees
|
per week
|
74.09
|
76.87
|
18
|
28(i)(c)
|
Uniform Allowance
|
per week
|
7.99
|
8.29
|
19
|
28(i)(d)
|
Special Type Shoes Allowance
|
per week
|
2.45
|
2.54
|
20
|
28(i)(e)
|
Cardigan or Jumper Allowance
|
per week
|
2.38
|
2.47
|
21
|
28(i)(f)
|
Laundry Allowance - Uniform
|
per week
|
6.60
|
6.85
|
22
|
29(ii)(d)
|
Sleepover Allowance
|
per shift
|
59.98
|
62.23
|
23
|
39(vi)
|
Apprentice - TAFE Examination Allowance
|
per week
|
12.67
|
13.15
|
A.4 Minimum Wages
A.4.1 Minimum wages for full-time
traineeships
(a) Wage Level A
Subject to clause A5.3 of this
schedule, the minimum wages for a trainee undertaking a full-time AQF
Certificate Level I-III traineeship whose training package and AQF certificate
levels are allocated to Wage Level A by Schedule B are:
|
Highest year of schooling completed
|
Year 10
per week
1 September 2023
$
|
Year 11
per week
1 September 2023
$
|
Year 12
per week
1 September 2023
$
|
Year 10
per week
1 September 2024
$
|
Year 11
per week
1 September 2024
$
|
Year 12
per week
1 September 2024
$
|
School leaver
|
395.58
|
436.09
|
523.52
|
410.41
|
452.44
|
543.15
|
Plus 1 year out
of school
|
436.09
|
523.52
|
609.48
|
452.44
|
543.15
|
632.34
|
Plus 2 years out
of school
|
523.52
|
609.48
|
708.35
|
543.15
|
632.34
|
734.91
|
Plus 3 years out
of school
|
609.48
|
708.35
|
809.40
|
632.34
|
734.91
|
839.75
|
Plus 4 years out
of school
|
708.35
|
809.40
|
809.40
|
734.91
|
839.75
|
839.75
|
Plus 5 or more
years out of school
|
809.40
|
809.40
|
809.40
|
839.75
|
839.75
|
839.75
|
A.4.2 Minimum wages for part-time
traineeships
(a) Wage Level A
The minimum wages for a trainee
undertaking a part-time AQF Certificate Level I-III traineeship whose training package
and AQF certificate levels are allocated to Wage Level A by Appendix B are:
|
Highest Year of Schooling completed
|
Year 10
Per hour
1 September 2023
$
|
Year 11
Per hour
1 September 2023
$
|
Year 12
Per hour
1 September 2023
$
|
Year 10
Per hour
1 September 2024
$
|
Year 11
Per hour
1 September 2024
$
|
Year 12
Per hour
1 September 2024
$
|
School Leaver
|
13.03
|
14.35
|
17.22
|
13.52
|
14.89
|
17.87
|
Plus 1 year out
of school
|
14.34
|
17.22
|
19.99
|
14.88
|
17.87
|
20.74
|
Plus 2 years
|
17.22
|
19.99
|
19.99
|
17.87
|
20.74
|
20.74
|
Plus 3 years
|
19.99
|
23.32
|
26.62
|
20.74
|
24.19
|
27.62
|
Plus 4 years
|
23.32
|
26.62
|
26.62
|
24.19
|
27.62
|
27.62
|
Plus 5 years or
more
|
26.62
|
26.62
|
26.62
|
27.62
|
27.62
|
27.62
|
(b) School-based traineeships
The minimum wages for a trainee
undertaking a school-based AQF Certificate Level I-III traineeship whose
training package and AQF certificate levels are allocated to Wage A by Schedule
B are as follows when the trainee works ordinary hours:
|
Year of Schooling
|
|
Year
11
1
Sep 2023
|
Year
12
1
Sep 2023
|
Year
11
1
Sep 2024
|
Year
12
1
Sep 2024
|
|
$
|
$
|
$
|
$
|
School based Traineeships
Wage Level A
|
13.72
|
14.35
|
14.23
|
14.89
|
Schedule B: Allocation of Traineeships
to Wage Levels
The wage levels applying to training packages and their AQF
certificate levels are:
Wage Level A
|
|
|
|
Training package
|
AQF certificate level
|
Business Services
|
I
|
|
II
|
|
III
|
|
IV
|
|
|
Community Services
|
II
|
|
III
|
|
IV
|
____________________
Printed by
the authority of the Industrial Registrar.