Nurses'
(Department of Ageing, Disability AND Home Care) (State) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Nos. IRC 690 and 1260 of 2008)
|
Before Commissioner
Connor
|
14 August 2008
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
16. Annual
Leave
20. Anti
Discrimination
23. Area,
Incidence and Duration
7. Classification
of Positions
2. Definitions
18. Disputes
3. General
Conditions of Employment
19. Grading
Committee
4. Hours of
Work and Free Time of Employees
22. Leave
Reserved
1. No Extra
Claims
12. Overtime
13. Payment and
Particulars of Salaries
10. Penalty
Rates for Shift Work and Weekend Work
15. Permanent
part-time and Casual Employees
5A Pilot Roster
Projects
6. Reasonable
Workloads
14. Registration
or Enrolment Pending
5. Rosters
8. Salaries
21 Salary
Sacrifice to Superannuation
17. Senior
Nurse Management Structure
9. Special
Allowances
11. Uniforms
Schedule 1 - Nurse Manager and Administrative Support
Positions
PART B
Monetary Rates
Table 1 - Salaries
Table 2 - Other Rates and Allowances
PART A
1. No Extra Claims
It is a term of this award that the Association undertakes,
until 1 July 2007, not to lodge or pursue any new or extra claims, award or
over award, to salaries, rates of pay or allowances, except as specifically
detailed in Clause 22 Leave Reserved.
2. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have the respective meanings
assigned to them:
"Association" means the New South Wales Nurses'
Association.
"Board" means the Nurses and Midwifes Board of New
South Wales.
"Community Residential Centre" (CRC) means any
location where a direct service is provided to disability clients of the
Department in a community residential environment which includes group homes,
hostels, respite care centres.
"Community Support Services (CSS)" means any non
residential direct care service to clients including community based activity
training centres, community support teams and specialist outreach services.
"Day Worker" means a worker who works her/his
ordinary hours from Monday to Friday inclusive and who commences work on such
days at or after 6a.m. and before 10a.m., otherwise than as part of the shift
system.
"Department" means the Department of Ageing,
Disability and Home Care.
"Employee" means, for the purposes of this award,
a person who is appointed to a position in a classification listed in Clause 7,
Classification of Positions, and who is employed within the Department of
Ageing, Disability and Home Care, including an "officer" as defined
in the Public Sector Employment and Management Act 2002.
"Experience", in relation to a trainee enrolled
nurse or assistant in nursing means experience both before and/or after the
commencement of this award, whether within New South Wales or elsewhere and, in
the case of a trainee enrolled nurse, enrolled nurse or assistant in nursing
who was formerly a student nurse, a residential care assistant or a residential
support worker, includes experience as such student nurse, residential care
assistant or residential support worker.
"Large Residence" means any large residential
campus providing a range of services which may include accommodation, respite
care, day activity services and some medical and paramedical services to
clients. These include:
Metro West Residences incorporating the Marsden, Rydalmere
and Lachlan Residences;
Hunter Residences incorporating the Stockton, Kanangra, Peat
Island and Tomaree Residences;
Riverside Residence; Grosvenor Residence
"Nurse" means an employee engaged in the industry
of nursing in a classification covered by this Award.
"Resident Clients" means the annual average number
of clients in permanent accommodation and clients occupying respite
accommodation for the year ending 30 June each year.
"Service" for the purpose of clause 8, Salaries,
means service before or after the commencement of this award in New South Wales
or elsewhere as a registered nurse or as a residential care worker prior to 19
April 1999.
"Shift Worker" means a worker who is not a day
worker as defined.
"Weekly rates" will be ascertained by dividing an
annual amount by 52.17857 or a weekly rate can be multiplied by 52.17857 to
obtain the annual amount.
3. General Conditions
of Employment
Except as otherwise provided in this award employees shall
be entitled to, and shall observe, the conditions of employment applicable to
public servants, that is the conditions of employment covering officers
employed in organisations listed in Column 1 of Schedule 1 to the Public
Sector Employment and Management Act 2002 and the Public Sector Management
(General) Regulation 1996 and as contained from time to time in the Public
Service Personnel Handbook and the Crown Employees (Public Service Conditions
of Employment) Award 2002.
Casuals shall also receive the following entitlements in
accordance with the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2006:
(a) Unpaid parental
leave in accordance with Clause 12(iv)(d);
(b) Personal Carers’
entitlement in accordance with Clause 12(v); and
(c) Bereavement
entitlement in accordance with Clause 12(vi).
This entitlement is also set out at Clause 15 Part II of
this Award.
4. Hours of Work and
Free Time of Employees
(i) The ordinary
hours of work for day workers, exclusive of unpaid meal times, shall be 152
hours per 28 calendar days to be worked Monday to Friday inclusive and to commence
on such days at or after 6.00 a.m. and before 10.00 am.
(ii) The ordinary
hours of work for shift workers, exclusive of unpaid meal times, shall not
exceed an average of 38 per week in each roster cycle.
(iii)
(a) The hours of
work prescribed in subclauses (i) and (ii) of this clause shall, where possible, be arranged in such a manner that
in each roster cycle of 28 calendar days each employee shall not work his/her
ordinary hours of work on more than nineteen days in the cycle. Provided that; employees
who work eight hour shifts are entitled to 12 additional days off duty per
annum, employees working ten hour shifts are entitled to one additional day off
duty each five weeks, employees working other combinations of shifts are
entitled to such number of additional days off duty per annum and will ensure
that their ordinary hours of work do not exceed an average of 38 hours per
week.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, employees may, with the
agreement of the employer work, shifts of less than eight hours each over 20
days in each cycle of 28 days.
(iv) Each shift
shall consist of no more than a total span of 12 hours 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 local nursing management agrees,
but in no case shall an employee be permitted to work more than ten consecutive
shifts. Provided also that in any such
span of seven consecutive shifts an employee shall not be rostered for more
than two quick shifts, i.e. an evening shift followed by a morning shift where
the break between ordinary shifts is less than ten hours.
(v) The employee's
additional day off duty prescribed in subclause (iii) of this clause (as a
consequence of the implementation of the 38 hour week) shall be determined by
mutual agreement between the employee and the local management having regard to
the service requirements of the latter. Where practicable such additional day
off duty shall be consecutive with the rostered days off duty prescribed in
subclause (xii) of this clause.
(vi) Once set, the
additional day off duty may not be changed in a current cycle unless there are
genuine unforeseen circumstances prevailing. Where such circumstances exist and the additional day off duty is
changed, another day shall be substituted in the current cycle. Should this not
be practicable the day must be given and taken in the next cycle immediately
following.
(vii)
(a) Where an employee
and her/his local management agree, an employee’s additional days off duty
(ADOs) may be accumulated up to a total of five. This limit on accumulation
means that any employee who has already accumulated five ADOs must take the
next ADO accruing to her/him when it falls due in accordance with the roster.
(b) Subject to
service requirements management must not unreasonably refuse to agree with an
employee’s request to accumulate ADOs or to take them off subsequent to such
accumulation.
(c) Any ADOs
accumulated but not taken as at the date of termination of the employee, must
be paid out at ordinary rates.
(viii) Except for
breaks for meals the hours of duty each day shall be continuous, i.e. broken
shifts shall not be worked.
(ix) One 20 minute
interval (in addition to the meal break) shall be allowed each employee on duty
for a tea break during each shift. Such
interval shall count as working time.
(x)
(a) Except in cases
of emergency, an employee shall not be employed on night duty for a longer
period than eight consecutive weeks, unless the employee so agrees.
(b) Except in cases
of emergency, after having served a period of night duty, an employee shall
serve an equivalent period of time off night duty before again undertaking a
period of night duty unless the employee requests to be employed on night duty
and the local management consents.
(c) Except in cases
of emergency, an employee shall not be required to perform night duty against
their wishes during a period of one week prior to any formal end of semester
examination in any course of study which has been accepted by her/his employer
as meeting the requirements for the grant of study time.
(d) Except in cases
of emergency, a trainee enrolled nurse shall not be employed on night duty for
more than ten weeks in any one year of training.
(xi) Except in cases
of emergency, an employee changing from night duty to day duty or from day duty
to night duty shall be free from duty during the 20 hours immediately preceding
the commencement of the changed duty.
(xii)
(a) Each employee
shall be free from duty for not less than two full days in each week or four
full days in each fortnight and no duties shall be performed by the employee on
any of such free days except for overtime.
Where practicable, days off shall be consecutive, unless an employee
requests otherwise.
(b) For the purpose
of this subclause "full day" means from midnight to midnight or
midday to midday.
(xiii) All rostered
time off duty occupied by a trainee enrolled nurse or assistant in nursing in
attendance at lectures and demonstrations given in the course of instruction in
the theory and practice of nursing or during the time necessarily occupied in
attending at and sitting for prescribed examinations shall be deemed to be time
worked.
5. Rosters
(i) The ordinary
hours of work for each employee, other than the Principal and Nurse Manager
Accommodation and Nursing Services, shall be displayed on a roster in a place
conveniently accessible to employees.
(ii) The roster
shall be displayed at least two weeks prior to the commencing date of the first
working period in the roster.
(iii) Notwithstanding
the foregoing provisions of this clause, a roster may be altered at any time to
enable the nursing service of the facility to be carried on where another
employee is absent from duty on account of illness or in an emergency, provided
that, where any such alteration involves an employee working on a day which
would otherwise have been such employee's day off, the day off in lieu thereof
shall be as mutually arranged.
(iv) Prior to the
date of the changed shift, such change of roster shall be notified verbally or
in writing to the employee concerned.
(v) Where an
employee is entitled to an additional day off duty in accordance with clause 5,
Hours of Work and Free Time of Employees, such day is to be shown on the roster
of hours for that employee.
(vi) All rosters
shall be retained for at least six years.
5A. Pilot Roster
Projects
(i) Notwithstanding
any other provision of this Award, pilot Roster Projects for the purposes of
trialling flexible roster practices or 12 hour shifts may be implemented on the
following basis:
a. The terms of
the Pilot Roster Project shall be agreed in writing between the employer and
the Association on behalf of the nurses participating in the project. Provided that the Association shall not
unreasonably delay in responding to, a Pilot Roster Project proposed by an
employer.
b. The terms shall
include
1. the duration of
the project; and the conditions of the project; and
2. the award
provisions required to be overridden in order to implement the project; and
3. review
mechanisms to assess the effectiveness of the project.
c. Whilst the
Pilot Roster Project is being conducted according to its terms, the employer
shall not be deemed to be in breach of the award by reason alone of
implementing the project.
d. Any purported
Roster Project Pilot which does not comply with this clause is not a Pilot
Roster Project for the purposes of this clause and in particular no employer
shall be able to claim the benefit of subclause (c) when implementing such
project.
(ii) The
Association agrees to participate in a review of the operation of this clause,
if requested by the Department.
6. Reasonable
Workloads
(i) Reasonable
workload principles
The following principles shall be applied in
determining or allocating a reasonable workload for a nurse:
(a) the workload
assessment will take into account measured demand by way of clinical
assessment, including dependency skill mix and geographical and other local
requirements/resources;
(b) the work
performed by the nurse will be able to be satisfactorily completed within the
ordinary hours of work assigned to the employee in their roster cycle;
(c) the work will be
consistent with the duties within the nurse’s classification description and at
a professional standard so that the care provided or about to be provided to a
client shall be adequate, appropriate and not adversely affect the rights,
health or safety of the client or nurse;
(d) the workload
expected of an nurse will not be unfair or unreasonable having regard to the
skills, experience and classification of the employee for the period in which
the workload is allocated;
(e) a nurse will not
be allocated an unreasonable or excessive nursing workload or other
responsibilities;
(f) a nurse shall
not be required to work an unreasonable amount of overtime; and
(g) a nurse’s
workload will not prevent reasonable and practicable access to Learning and
Development Leave, together with ‘in-house’ courses or activities, and
mandatory training and education.
(ii) Skill Mix
(a) The staffing mix
at an individual unit level will be determined by an assessment of client’s
needs and the availability of support staff. This will involve a consolidated
review of all existing client assessments and plans, including:
the clients individual support plan;
health assessments, health care plans or healthy
lifestyle plans;
nutrition and or swallowing assessments and any associated
plans and
client risk behaviours, assessments and any associated
management plans.
The above assessments may have been developed by a
range of health and allied health professionals, in conjunction with registered
nurses.
(b) The review will
identify the specific client needs on the unit that require the specialised
input or supervision of a registered or enrolled nurse. It will also identify what client care and
support tasks can be undertaken by an Assistant in Nursing. This will be the basis on which the staff
mix for an individual unit will be determined and it will be translated into
the unit roster.
(c) The process will
be documented by:
listing the client assessments and plans considered in
developing the staffing profile for the unit;
identifying in writing the specialist input or
supervision requirements for clients in the unit;
identifying in writing the client care and support
tasks that will be undertaken by an Assistant in Nursing; and
completing on a standard roster template the shifts to
be filled by an Assistant in Nursing, Enrolled Nurse and Registered Nurse.
(d) The
recommendation on unit staffing will be forwarded to the facility Reasonable
Workload Committee for endorsement.
(iii) Reasonable
Workload Taskforce
The Association and the Department agree that a
Reasonable Workloads Taskforce consisting of equal representation nominated by
the Association and the Department shall be established.
The Terms of Reference of the taskforce shall be:
a. To review the
literature on existing tools for calculating nursing workloads to determine
their applicability to nursing services in intellectual disability facilities;
b. To make a
recommendation on the feasibility of developing a clinically relevant tool for
intellectual disability services based on existing literature and experience.
The Taskforce complete this process by written report
to the Association and the Department by 30 June 2005.
(iv) Role of
reasonable workload committees
(a) Reasonable
workload committees shall be established to facilitate consultation on
reasonable workloads for nurses, together with the provision of advice and
recommendations to management. Aspects of reasonable workload may include, but
need not be limited to, nursing workloads generally, skill mix, training, and
planning for devolution to community based services as they relate to nursing
workloads. It is intended that the
committees, by their operation, will make a positive contribution to the
workload of nurses.
(b) It is intended
that the reasonable workload committees provide a structured and transparent
forum for all nurses to be genuinely consulted about workload matters through
an appropriate mechanism; contribute to the decision making process; and have
the ability to resolve disputes about workloads, should they arise, through the
committee process and provisions in this Award.
(v) Structure of
reasonable workload committees
(a) Upon request by
the Association, nurse(s) employed in a Large Residential Service or the
employer, a reasonable workload committee shall be established for the relevant
service. Such requests shall be made to the Chief Executive Officer of the
facility or the Regional Manager Accommodation and Respite as appropriate.
(b) Each reasonable
workload committee shall comprise equal representation of employees and the
employer. Employee representation shall be determined by the Association.
Employer representation shall be determined by the facility. Committee size
will be determined by agreement between the Association and the employer. Every
endeavour shall be made to minimise the size of the workload committee, with
provision to co-opt additional assistance that may be required on an ‘as needs’
basis.
(c) The committees
shall meet with a frequency determined by each committee, having regard to
issues and information to hand.
(d) The committee
members and the parties they represent shall make every endeavour to reduce or
eliminate any duplication of subject matter and coverage with pre-existing
structures and consultative mechanisms.
Every effort shall also be taken to ensure the most efficient meeting
arrangements are instituted for operation of the committees and to minimise
disruption to nurses’ rosters. The committee members and the parties they
represent shall make every endeavour to ensure that any additional time and
information imposts arising from the operations of the committee are minimised.
(e) To enable
members of reasonable workload committees to discharge the committee’s role and
carry out their responsibilities, attendance at committee meetings and
reasonable preparation time shall be deemed to be time on duty and remunerated
accordingly. Wherever possible, this time shall occur during the ordinary hours
of work.
(vi) Grievances in
relation to workload
(a) Notwithstanding
the provisions specified in sub-clauses (ii) to (iii) of Clause 18 - Disputes
in this Award, the following procedure will apply to resolve workload
grievances or staffing grievances directly arising from nursing workload
issues.
(b) A grievance in
relation to such matter shall first be raised at the unit level with the
Nursing Unit Manager responsible (or the appropriate manager).
(c) If the matter
remains unresolved, it should be referred to the appropriate Nurse Manager or
Director of Nursing depending on the nursing executive structure of the
facility in which the grievance has arisen.
(d) If the matter
remains unresolved, it should be referred to the appropriate facility
reasonable workload committee for consideration and recommendation to
management.
(e) If the matter
remains unresolved, it should be dealt with in accordance with the provisions
of sub-clauses (iv) to (ix) of Clause 18 - Disputes in this Award.
7. Classification of
Positions
All employees to whom this award applies shall be appointed
to a position which is classified in accordance with the following definitions:
"Assistant in Nursing" means a person, other than
a registered nurse, trainee or enrolled nurse, who is employed in nursing
duties, and includes for salary purposes a person currently undertaking an
education program leading to registration by the Board.
"Clinical Nurse Consultant" means a registered
nurse appointed as such to a position approved by the Department and who has
had at least 5 years post-basic registration experience and who has, in
addition, approved post-basic nursing qualifications relevant to the field in
which she/he is appointed, or such other qualifications or experience deemed
appropriate by the Department.
"Clinical Nurse Educator" means a registered nurse
who is required to implement and evaluate educational programs at the unit
level. The Clinical Nurse Educator
shall cater for the delivery of clinical nurse education in a unit/units and/or
in complex health care CRC’s .
A nurse will achieve Clinical Nurse Educator status by being
required by the Centre to provide the educational programs detailed above. A Clinical Nurse Educator will be required
to possess, or obtain within a specified period, a Certificate IV Workplace
Assessor qualification.
"Clinical Nurse Specialist" means a registered
nurse with relevant post basic qualifications and 12 months experience working
in the clinical area of his/her specified post-basic qualification, or a
minimum of four years post-basic registration experience, including three years
experience in the relevant specialist field, and who satisfies the criteria
determined by local management.
"Enrolled Nurse" means a person enrolled by the
Board as such.
"Enrolled Nurse - Medication Endorsed" means a
person enrolled by the Board and endorsed to administer medications by the
Board.
"Nurse, Learning and Development Officer" means a
registered nurse who has relevant experience and who is appointed to such a
position who is responsible for the development, implementation and delivery of
nursing and other Departmental education programs. Education programs shall mean courses conducted such as
post-registration certificates, continuing nurse education, new graduate
orientation, post-registration enrolled nurses’ courses and, where applicable,
general staff learning and development courses. A Nurse Learning and Development Officer will be required to
possess, or obtain within 12 months of appointment, a Certificate IV Workplace
Assessor qualification.
A Learning and Development Officer who holds relevant
tertiary qualifications in education or tertiary post-graduate specialist
clinical nursing qualifications shall commence on the 3rd year rate of the
salary scale.
A person appointed as a sole Learning and Development
Officer in a facility shall be paid at the 3rd year rate of the salary scale.
Incremental progression for Nurse, Learning and Development
Officer shall be on completion of 12 months satisfactory service. Progression shall not be beyond the 3rd year
rate unless that person possesses the qualifications detailed in the previous
paragraphs. Persons appointed to the
3rd year rate by virtue of paragraphs 3 and 4 above shall progress to the 4th
year rate after completion of 12 months satisfactory full-time service.
"Nurse Manager" means an employee who is allocated
to a nurse manager grade in accordance with Schedule 1of this part.
"Nurse Manager Accommodation and Nursing Services"
means a registered nurse who has responsibility for the provision of supported
accommodation, respite and associated support services in a residential
centre. The Nurse Manager Accommodation
and Nursing Services is responsible for the delivery of efficient and effective
nursing services to achieve the aims of the Centre.
"Nurse Manager Learning and Development Unit"
means a registered nurse who has responsibility for the coordination of
Learning and Development services to Residences and on a regional basis and in
conjunction with the Central Learning and Development Branch.
"Nurse Manager Resource Support Unit" means an
employee who is responsible for the efficient and effective allocation of
nursing resources on a daily basis.
"Nurse Systems Support Co-ordinator" means a
registered nurse who is responsible for the monitoring, quality assurance and
measurement systems for a Centre’s services.
The Nurse Systems Support Co-ordinator supports the Nursing Manager
Accommodation and Nursing Services in designing, planning and reviewing the
quality, efficiency and sufficiency of service systems in a Centre.
"Nurse Systems Support Officer" means a nurse who
supports the Nurse Systems Support Co-ordinator by monitoring, analysing and
reporting on service systems in a Centre.
"Principal Nurse Manager Accommodation and Nursing
Services" means a registered nurse who is responsible for oversighting and
coordinating the provision of supported accommodation, respite and associated
support services at the Stockton Residences and Marsden/Rydalmere Residences.
"Residential Unit Nurse Manager" means a
registered nurse in charge of a unit or group of units and shall include:
"Residential Unit Nurse Manager Level 1", whose
responsibilities include:
(a) Co-ordination of
client services
Liaison with all disciplines for the provision of
services to meet client needs.
The orchestration of services to meet client needs
after discharge.
Monitoring catering and transport services.
(b) Unit management
-
Implementation of Departmental policy:
Dissemination of information to all personnel.
Ensuring environmental safety.
Monitoring the use and maintenance of equipment.
Monitoring the supply and use of stock and supplies.
Monitoring cleaning services.
(c) Nursing staff
management -
Direction, co-ordination and supervision of nursing
activities.
Training, appraisal and counselling of nursing staff.
Rostering and/or allocation of nursing staff.
Development and/or implementation of new nursing
practice according to client need.
"Residential Unit Nurse Manager Level 2",
whose responsibilities in relation to
client services, unit management and staff management, are in excess of those
of a Residential Unit Nurse Manager
Level 1.
"Residential Unit Nurse Manager Level 3" whose
responsibilities in relation to client services, unit management and staff
management, are in excess of those of a Residential Unit Nurse Manager Level 2.
"Registered Nurse" means a person registered by
the Board as such.
"Trainee Enrolled Nurse" means a person who is
being trained under a program leading to enrolment by the Board.
"Unit" means a defined client residential area
within a Large Residence or a complex health needs Community Residential
Centre.
8. Salaries
(i) The minimum
salaries per week to be paid to employees shall be as set out in Table 1 -
Salaries, of Part B, Monetary Rates.
(ii) The new salary
scale for the registered nurse classification shall be implemented under the
following provisions:
(a) For the purposes
of this clause "transitional date" means the first pay period
commencing on or after 1 July 2004.
(b) The year of
service for the purpose of the incremental scale for a registered nurse
employed at the transitional date shall be determined by locating the
registered nurse’s current year of service on the incremental scale in Column A
of the Transitional Table below. The registered nurse’s incremental year of
service shall be deemed to be the year of service appearing opposite in Column
B of the Transitional Table. Provided that a registered nurse with eight or
more actual years of service shall be placed on the eighth year of service in
Column B of the Transitional Table.
(c) Registered
nurses who commence employment with an employer after the transitional date
shall have their year of service determined as if they were employed by the
employer at the transitional date. That is; the transitional arrangements shall
apply to all periods of employment under this award, which commence on or after
the transitional date.
(d) Transitional
Table
|
Column A
|
Column B
|
|
(Old incremental
scale)
|
(New incremental
scale)
|
|
First year of service
|
First year of service
|
|
Second year of service
|
First year of service
|
|
Third year of service
|
Second year of service
|
|
Fourth year of service
|
Third year of service
|
|
Fifth year of service
|
Fourth year of service
|
|
Sixth year of service
|
Fifth year of service
|
|
Seventh year of service
|
Sixth year of service
|
|
Eighth year of service
|
Seventh year of service
|
|
UG1
|
Eighth year of service
|
Note: For the purposes of the old incremental scale only, a
registered nurse who has obtained an appropriate degree in Nursing or Applied
Science (Nursing) or Health Studies (Nursing) (referred to for the purposes of
this clause as a "UG1" qualification) shall enter the incremental
scale on the second year of service.
(e) The year of
service determined by this clause shall be the year of service only for the
purposes of clause 8, Salaries.
(f) A registered
nurse’s anniversary date for the purpose of moving to the next year of service
is not affected by this clause.
9. Special Allowances
(i) A registered
nurse who is designated to be in charge of a unit for the majority of a day,
evening or night shift when the Residential Unit Nurse Manager is not rostered
for duty shall be paid an allowance as set in Item 1, of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates, per shift.
(ii) A registered
nurse (does not apply to persons above the level of Clinical Nurse Educator)
who is designated in charge of a Residence of not more than 100 resident
clients in the absence of a Residential Unit Nursing Manager (or a more senior
nurse) shall be paid an allowance as set out in Item 1 of Table 2, per shift.
(iii) A registered
nurse who is designated to be in charge of a unit when the Residential Unit
Nursing Manager is not rostered for duty, and who is designated to be in charge
of a Residence of not more than 100 resident clients on the same shift shall be
paid an allowance as set out in Item 3 of Table 2, per shift.
(iv) A registered
nurse designated as the Rover in charge at Lachlan or Riverside Centres after
hours in the absence of a Residential Unit Nurse Manager (or a more senior
nurse) shall be paid an allowance as set out in Item 2, of Table 2, per shift.
(v) A registered
nurse who is designated as the Rover in charge at Peat Island or Kanangra
Centres after hours when a Residential Unit Nurse Manager (or a more senior
nurse) is not rostered for duty shall be paid an allowance as set out in Item 4
of Table 2, per shift.
(vi) A registered
nurse who relieves in a Nurse Manager After Hours position during short
absences of the substantive occupant shall be paid an allowance at a rate
calculated on the difference between the rate of pay of the registered nurse
and the rate of pay for Nurse Manager Grade 1 year 1 for the time so spent up to
2 hours and for the whole of the shift for time so spent in excess of 2 hours.
(vii) A nurse who is
required to accompany residents/clients on excursions, etc. which necessitate
overnight stays shall be paid a minimum allowance equivalent to eight (8) hours
pay at ordinary rates for each overnight stay.
10. Penalty Rates for
Shift Work and Weekend Work
(i) Employees
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift provided that employees who work
less than 38 hours per week shall only be entitled to the additional rates
where their shifts commence prior to 6.00 a.m. or finish subsequent to 6.00
p.m.:
Afternoon shift commencing at or after 10.00 a.m. and
before 1.00p.m. - 10%.
Afternoon shift commencing at or after 1.00 p.m. and
before 4.00 p.m. - 12.5%.
Nightshift commencing at or after 4.00 p.m. and before
4.00 a.m. - 15%.
Nightshift commencing at or after 4.00 a.m. and before
6.00 a.m. - 10%.
(ii) "Ordinary
rate" and "ordinary time" shall not include any percentage
addition by reason of the fact that an employee works less than 38 hours per
week.
(iii) For the
purpose of this clause day, afternoon and night shifts shall be defined as
follows:
"Day shift" means a shift which commences at
or after 6.00 a.m. and before 10.00 a.m.
"Afternoon shift" means a shift which
commences at or after 10.00 a.m. and before 4.00 p.m.
"Night shift" means a shift which commences
at or after 4.00 p.m. and before 6.00 a.m. on the day following.
(iv) Employees whose
ordinary working hours include work on a Saturday and/or Sunday, shall be paid
for ordinary working hours worked between midnight on Friday and midnight on
Saturday at the rate of time and one half and for ordinary hours worked between
midnight on Saturday and midnight on Sunday at the rate of time and three
quarters. These extra rates shall be in substitution for and not cumulative
upon the shift premiums prescribed in the preceding subclause (iii) of this
clause.
The foregoing paragraph shall apply to employees who
work less than 38 hours per week, but such employees shall not be entitled to
be paid in addition any allowance prescribed by clause 15, Permanent part-time
and Casual Employees, in respect of their employment between midnight on Friday
and midnight on Sunday.
(v) The additional
payments prescribed by this clause shall not form part of the employee's
ordinary pay for the purposes of this award, except as provided in clause 16,
Annual Leave.
11. Uniforms
(i) Subject to subclause
(iii) of this clause, sufficient, suitable and serviceable uniforms including
one pair of shoes per annum which shall be of a recognised acceptable standard
for the performance of nursing duties, shall be supplied free of cost to each
employee required to wear a uniform. An
employee to whom a new uniform or part of a uniform has been issued who,
without good reason, fails to return the corresponding article last supplied
shall not be entitled to have such article replaced without payment therefore
at a reasonable price. In lieu of
supplying a uniform to an employee, an employer may pay the said employee the
sum as set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
(ii) An employee,
on leaving the service of an employer shall return any uniform or part thereof
supplied by the employer which is still in use by that employee immediately
prior to leaving.
(iii)
(a) In lieu of
supplying shoes to an employee, an employer shall pay the said employee the sum
as set out in Item 5 of the said Table 2.
(b) In lieu of
supplying stockings to a female employee, an employer shall pay the said
employee the sum as set out in Item 5 of the said Table 2.
(c) In lieu of
supplying socks to an employee, an employer shall pay the said employee the sum
as set out in Item 5 of the said Table 2.
(d) The allowances
prescribed in this subclause continue to be payable during any period of paid
leave.
(iv) If the uniform
of an employee is not laundered at the expense of the facility an allowance as
set out in Item 5 of the said Table 2 shall be paid to the said employee. Provided that this allowance is not payable
during any period of leave which exceeds one continuous week.
(v) Where the
employer requires any employee to wear headgear, the facility shall provide
headgear free of charge to the employee.
(vi) Each employee
whose duties regularly require them to work out of doors shall be supplied with
suitable waterproof coat, had and overboots.
Sufficient waterproof clothing shall be made available for use by other
employees who in the course of their duties are exposed to wet weather.
(vii) The allowances
prescribed by subclauses (iii) and (iv) of this clause shall be paid to
employees who are not required by their employer to wear a uniform. Such
payments will be in compensation for the cost of purchasing and maintaining
suitable clothing.
12. Overtime
(i) Subject to
subclause (iii) of this clause, all time worked by employees, other than the
Principal Nurse Managers Accommodation and Nursing Services and the Nurse
Managers Accommodation and Nursing Services, in excess of the rostered daily
ordinary hours of work, shall be overtime and shall be paid for at the rate of
time and one half for the first two hours and double time thereafter in respect
of each overtime shift worked or in respect of overtime worked prior to or at
the conclusion of a normal shift.
Provided that, overtime worked on Sundays shall be paid for at the rate
of double time and on public holidays at the rate of double time and one half.
(ii)
(a) All time worked
by permanent part-time employees in excess of the rostered daily ordinary hours
of work prescribed for the majority of full-time employees on that shift in the
unit concerned shall be paid for at the applicable overtime rates.
(b) Time worked up
to the rostered daily ordinary hours of work prescribed for the majority of
full-time employees on that shift in the unit concerned shall not be regarded
as overtime but as an extension of the contract hours for that day and shall be
paid at the ordinary rate of pay.
(c) All time worked
by a permanent part-time employee in excess of the rostered daily ordinary
hours prescribed for a full-time employee, or in excess of an average of 38 per
week in each roster cycle, shall be paid for at overtime rates.
(iii) An employee,
other than the Principal Nurse Managers Accommodation and Nursing Services and
Nurse Managers Accommodation and Nursing Services, recalled to work overtime
after leaving the Department’s premises (whether notified before or after
leaving the premises) shall be paid for a minimum of four hours work at the
appropriate rate each time so recalled.
If the work required is completed in less than four hours, the employee
shall be released from duty. Provided
that, this subclause does not apply to a Nurse Manager Accommodation and
Nursing Services.
(iv) In lieu of the
conditions specified in subclauses (ii), (iii) and (iv) of this clause, a nurse
who works directed overtime may be compensated by way of time off in lieu of
overtime, subject to the following requirements:
(a) Time off in lieu
must be taken within three months of it being accrued at overtime rates.
(b) Where it is not
possible for a nurse to take the time off in lieu within the three month period,
it is to be paid out at the appropriate overtime rate based on the rates of pay
applying at the time payment is made.
(c) Nurses cannot be
compelled to take time off in lieu of overtime.
(d) Time off in lieu
of overtime should only be considered as an option in those circumstances where
the Department is able to provide adequate replacement staff to ensure that the
level of quality of service that would otherwise have been provided had
overtime been worked, is in fact provided.
(e) Records of all time
off in lieu owing to nurses and taken by nurses must be maintained.
(v) An employee
required to work overtime following on the completion of his or her normal
shift for more than two hours shall be allowed 20 minutes for the partaking of
a meal and a further 20 minutes after each subsequent four hours overtime; all
such time shall be counted as time worked, provided that, the benefits of this
subclause shall not apply to an employee employed pursuant to Part 1 of clause
15, Permanent part-time and Casual Employees, until the expiration of the
normal shift for a majority of the full-time employees employed on that shift
in the ward or section concerned.
(vi) An employee
recalled to work overtime after leaving the Department’s premises, and who is
required to work for more than four hours, shall be allowed 20 minutes for the
partaking of a meal and further 20 minutes after each subsequent four hours
overtime; all such time shall be counted as time worked.
(vii)
(a) The meals
referred to in subclause (v) and (vi) of this clause, shall be allowed to the
employee free of charge. Where the
Department is unable to provide such meals, an allowance per meal as calculated
hereunder shall be paid to the employee concerned.
(b) The value of
payments for meals shall be varied in accordance with variations to Division 3
of the Public Sector Management (General) Regulation 1996.
(viii) Where an
employee is required to work an overtime shift on his or her rostered day off,
the appropriate meal breaks for that shift, as prescribed by clause 4, Hours of
Work and Free Time of Employees, shall apply.
(ix) An employee who
works so much overtime:
(a) between the
termination of his or her ordinary work on any day or shift and the
commencement of his or her ordinary work on the next day or shift, that he or
she has not had at least eight consecutive hours off duty between these times;
or
(b) on a Saturday, a
Sunday and a holiday, not being ordinary working days, or on a rostered day off
without having had eight consecutive hours off duty in the 24 hours preceding
his or her ordinary commencing time on his or her next day or shift;
shall, subject to this subclause, be released after
completion of such overtime until he or she has had eight consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence. If on the instruction of the
Department such an employee resumes or continues to work without having had
such eight consecutive hours off duty he or she shall be paid at double time
until released from duty for such period and he or she then shall be entitled
to be absent until he or she has had eight consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
(x) Subject to
sub-clause (xi) below an employee may be directed by the Department Head or
delegate to work overtime.
(xi) An employee may
refuse to work overtime where the working of such overtime would result in the
employee working hours which are unreasonable.
(xii) For the
purposes of sub-clause (xii) above, what is unreasonable 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,
community obligations or study arrangements;
(c) the urgency of
the work required to be performed, the impact on operational commitments and
the effect on client services;
(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.
13. Payment and
Particulars Salaries
(i) All salaries
and other payments shall be paid fortnightly provided that payment for any
overtime and/or shift penalties worked may be deferred to the pay day next
following the completion of the working cycle within which such overtime and or
shift penalties is worked, but for no longer.
Provided further that any proposal to alter the day on which wages are
to be paid or the number of days pay kept in hand by the employer, must be the
subject of consultation with the Head Office of the Association.
(ii) Employees
shall have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee. Salaries shall be deposited by the
Department in sufficient time to ensure that wages are available for withdrawal
by employees by no later than payday, provided that this requirement shall not
apply where employees nominate accounts with non-bank financial institutions
which lack the technological or other facilities to process salary deposits
within 24 hours of the Department making their deposits with such financial
institutions, but in such cases, the Department shall take all reasonable steps
to ensure that the wages of such employees are available for withdrawal by no
later than payday.
(iii) Notwithstanding
the provisions of subclause (ii) of this clause, an employee who has given or
has been given the required notice of termination of employment, shall be paid
all monies due to him/her prior to ceasing duty on the last day of employment.
Where an employee is summarily dismissed or his/her
services are terminated without due notice, any monies due to him/her shall be
paid as soon as possible after such dismissal or termination but in any case
not more than three days thereafter.
14. Registration Or
Enrolment Pending
(i) A trainee
enrolled nurse who has passed the examination prescribed by the Board,
completed the course of training and applied for enrolment shall, upon
enrolment, be paid as from the date of application for enrolment the salary to
which she or he would have been entitled if enrolled.
(ii) A nurse who
has trained outside New South Wales shall be paid as a registered nurse or
enrolled nurse as and from the date she or he is notified that she or he is
eligible for registration or enrolment as a registered nurse or enrolled nurse
provided that she or he makes application for registration within seven days
after being so notified.
15. Permanent Part-Time
and Casual Employees
Part I - Permanent Part-Time Employees -
(i) A permanent
part-time employee is one who is appointed to work a specified number of hours
each week which are less than those prescribed for a full-time employee. Provided that, the Department must not
utilise this provision in a manner which has the effect of subverting the
intentions of the 38-hour week arrangements whereby full-time employees work on
no more than 19 days in each 28 day roster cycle.
(ii) Subject to
subclause (iii) of this clause, employees engaged under Part 1 shall be paid an
hourly rate calculated on the basis of one thirty-eighth of the appropriate
rate prescribed by clause 8, Salaries, with a minimum payment of two hours for
each start, and one thirty-eighth of the appropriate allowances prescribed by
clause 11, Uniforms, but shall not be entitled to an additional day off or part
thereof, as prescribed by subclauses (iii) and (v) of clause 4, Hours of Work
and Free Time of Employees.
(iii) Permanent
part-time employees shall accrue annual leave at the rate of four weeks per
annum. Clause 16, Annual Leave, shall not apply to permanent part-time
employees (except for subclause (v) of the said clause 16).
(iv) A public
holiday occurring on an ordinary working day shall be allowed to employees
without loss of pay, provided that an employee who is required to and does work
ordinary hours on a public holiday shall have one day or one half day, as
appropriate, added to her/his period of annual leave and be paid at the rate of
one half time extra for the time actually worked. Such payment is in lieu of any additional rate for shift work or
weekend work which would otherwise be payable had the day not been a public
holiday. In lieu of adding to annual
leave under this paragraph an employee may elect to be paid for the time
actually worked at the rate of time and one half in addition to his/her
ordinary weekly rate. Where payment is made in lieu of leave in respect of time
worked on a public holiday, payment shall be made for a minimum of four hours
work, and any balance of the day or shift not worked shall be paid at ordinary
rates. For employees who work less than
five days per week, when a public holiday occurs on a day of the week on which
an employee regularly works, that employee shall be entitled to observe the
public holiday without loss of pay, i.e. the employee’s roster must not be
changed to avoid payment of the public holiday.
(v) In this Part,
ordinary pay, for the purposes of sick leave and annual leave, shall be
calculated on the basis of the average weekly ordinary hours worked over the 12
months' qualifying period.
(vi) Employees
engaged under this Part 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.
Part II - Casual Employees -
(i) A casual
employee is one engaged on an hourly basis otherwise than as a permanent
part-time or full-time employee.
(ii) A casual
employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate, prescribed by clause 8, Salaries, plus
fifteen per centum thereof, with a minimum payment of two hours for each start,
and one thirty-eighth of the appropriate allowances prescribed by clause 11,
Uniforms.
(iii) With respect
to a casual employee, the provisions of clause 12, Overtime, and clause 16,
Annual Leave, shall not apply. Further,
casual employees shall not be entitled to an additional day off or part thereof
as prescribed by subclauses (iii) and (v) of clause 4, Hours of Work and Free
Time of Employees.
(iv) For the
entitlement to payment in respect of annual leave, see Annual Holidays Act 1944.
(v) A casual
employee who is required to and does work on a public holiday as defined in
sub-clauses (iii) and (iv) of clause 16, Annual Leave, shall be paid for the
time actually worked at the rate of double time and one-half such payment being
in lieu of weekend or shift allowances which would otherwise be payable had the
day not been a public holiday.
(vi) Where a casual
employee has been notified by the Department of a time to commence an
engagement and that engagement is subsequently cancelled by the Department with
less than two hours notice the casual employee must be paid a minimum payment
of two hours calculated at the rate which would have applied had the
cancellation not occurred.
(vii) A casual
employee must not be required to work more than 12 consecutive hours.
(viii) Casual
employees are entitled to unpaid parental leave under Chapter 2, Part 4,
Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance
with the Industrial Relations Act 1996. The following provisions shall
also apply in addition to those set out in the Industrial Relations Act
1996 (NSW).
(a) The Department
Head must not fail to re-engage a regular casual employee (see section 53(2) of
the Act) 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.
(ix) Personal Carers
entitlement for casual employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in (x) below who is sick and requires
care and support, or who requires care due to an unexpected emergency, or the
birth of a child. This entitlement is subject to the evidentiary requirements
set out below in (d), and the notice requirements set out in (e).
(b) The Department
Head and the casual 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) A Department
Head must not fail to re-engage a casual employee because the employee accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not to engage a casual employee are otherwise not affected.
(d) The casual
employee shall, if required,
(A) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(B) 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, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
(e) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
(x) A family member
for the purposes of (ix)(a) above is:
(a) a spouse of the
staff member; or
(b) a de facto
spouse being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; 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 staff member or of the spouse or de
facto spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(xi) Bereavement
entitlements for casual employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the employer).
(b) The Department
Head and the casual 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) A Department
Head 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.
(d) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
16. Annual Leave
(i) Full-time
employees shall accrue annual leave at the rate of six weeks per annum, in
recognition of the fact that they are required to work on public holidays
unless rostered off duty on those days as part of their normal rostered days
off.
(ii)
(a) A full-time
employee who is required to and does work on a public holiday shall be paid, in
addition to the appropriate ordinary rate of pay, at the rate of one half time
extra for the time actually worked on such holiday. Such payment shall be in lieu of any additional rate for shift
work or weekend work which would otherwise be payable had the day not been a
public holiday.
(b) To leave
prescribed by subclause (i) of this clause, there shall be added one working
day or one half working day for each special public holiday or half public
holiday (not being one of the ten specifically named public holidays prescribed
by subclause (iii) of this clause, or a special day proclaimed in lieu of any
of them), which may occur during the qualifying period for annual leave or
during the period of annual leave.
In lieu of adding to annual leave under this paragraph,
an employee may elect to be paid for the time actually worked at the rate of
time and one half in addition to his/her ordinary weekly rate. Where payment is
made in lieu of leave in respect of the time worked on a public holiday,
payment shall be made for a minimum of four hours work, and any balance of the
day or shift not worked shall be paid at ordinary rates.
(iii) For the
purpose of this subclause the following are to be public holidays: New Years
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, local Labor Day, Christmas Day, Boxing Day and any other day
duly proclaimed and observed as a public holiday within the area in which the
facility is situated.
(iv) In addition to
those public holidays prescribed in subclause (iii) of this clause, employees
are entitled to an extra public holiday each year. Such public holiday will occur on a day between Christmas Day and
New Year's Day as determined by the Department following consultation with the
Association. This subclause shall apply in substitution for any additional
local public holiday or half public holiday proclaimed in a local government
area.
(v) In addition to
the leave prescribed by subclause (i) of this clause, employees who work their
ordinary hours on Sundays and/or public holidays are entitled to receive
additional payment as follows:
|
Number of ordinary
shifts worked on Sundays and/or public
|
Additional Payment
|
|
holidays during
qualifying period of employment for annual
|
|
|
leave purposes
|
|
|
4 to 10
|
1/5th of one week’s ordinary salary
|
|
11 to 17
|
2/5ths of one week’s ordinary salary
|
|
18 to 24
|
3/5ths of one week’s ordinary salary
|
|
25 to 31
|
4/5ths of one week’s ordinary salary
|
|
32 or more
|
one week’s ordinary salary
|
17. Senior Nurse
Management Structure
(i) Each residence
shall have a Nurse Manager Accommodation and Nursing Services in charge and such
other support positions as agreed between the Department and the Association.
(ii) The grading of
Nurse Manager positions in each Residence will be determined in accordance with
Schedule "1" of this Part.
(iii) The grading of
the Principal and Nurse Manager Accommodation and Nursing Services may be
reviewed by the Department and the Association where there is a significant
change in Resident Client numbers, and adjusted accordingly. Where the grading of such a position is
altered to a lesser grade, and the affected position is substantively occupied,
the incumbent of the position will retain the higher grading on a personal
basis.
18. Disputes
(i) All parties
must use their best endeavours to cooperate in order to avoid any grievances
and/or disputes.
(ii) Where a
dispute arises in any work location, regardless of whether it relates to an
individual nurse or to a group of nurses, the matter must be discussed in the
first instance by the nurse(s) (or the Association on behalf of the nurse(s) if
the nurse(s) so request(s)) and the immediate supervisor of that nurse(s).
(iii) If the matter
is not resolved within a reasonable time, it must be referred by the nurse(s)
immediate supervisor to the Department’s nominee, and may be referred by the
nurse(s) to the Association’s Head Office.
Discussions at this level must take place and be concluded within two
working days of referral or such extended period as may be agreed.
(iv) If the matter
remains unresolved, the Association must then confer with the appropriate level
of management (i.e. at facility or Department level, depending on the nature
and extent of the matter). Discussions
at this level must take place and be concluded within two working days of
referral or such extended period as may be agreed.
(v) If these
procedures are exhausted without the matter being resolved, or if any of the
time limits set out in those procedures are not met, either the Association or
the Department may seek to have the matter mediated by an agreed third party,
or the matter may be referred in accordance with the provisions of the
Industrial Relations Act 1996, to the Industrial Relations Commission of New
South Wales, for its assistance in resolving the issue.
(vi) During these
procedures normal work must continue and there must be no stoppages of work,
lockouts, or any other bans or limitations on the performance of work.
(vii) The status quo
before the emergence of the issue must continue whilst these procedures are
being followed. For this purpose
'status quo' means the work procedures and practices in place:
(a) immediately
before the issue arose; or
(b) immediately
before any change to those procedures or practices, which caused the issue to
arise, was made.
The Department must ensure that all practices applied
during the operation of these procedures are in accordance with safe working
practices.
(viii) Throughout all
stages of these procedures, adequate records must be kept of all discussions.
(ix) These
procedures will be facilitated by the earliest possible advice by one party to
the other of any issue or problem which may give rise to a grievance or
dispute.
19. Grading Committee
A central Committee consisting of two representatives of the
Department and two representatives of the Association shall be constituted to
consider and make recommendations to the Department in relation to:
(a) Any proposals to
alter the grading of any existing or established new positions of Residential
Unit Nursing Manager where agreement
cannot be reached at the local level.
(b) The grading of
Nurse Manager positions which are affected by a change in Resident Client
numbers.
(c) The date of
effect of any grading recommended.
Provided that:
1. An employee
shall, whilst the grading or remuneration of his/her position is under
consideration, be ineligible to be a member of the Committee;
2. the Committee
shall not, without sufficient reason, recommend the retrospective operation of
any grading or remuneration; and
3. where a
retrospective date of effect is recommended, such date shall not be earlier
than a date six months prior to the date on which the matter was referred to
the Committee.
4. the limitation
of retrospectivity shall not apply to RUNM positions that are regraded as part
of the transitional arrangements to the new award structure. This provision shall lapse effective 30 June
2005.
20. Anti
Discrimination
(i) 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.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti‑discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56 (d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the 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 the 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."
21. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed in clause 8, Salaries, of this Award, and Part B to
this Award, an employee may elect, subject to the agreement of the Department,
to sacrifice a portion of the salary payable under clause 8 and Part B to this
Award, to additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount sacrificed may be up to one
hundred (100) percent of the salary payable under clause 8 or one hundred (100)
percent of the currently applicable superannuable salary, whichever is the
lesser. In this clause, "superannuable salary" means the employee’s
salary as notified from time to time to the New South Wales public sector
superannuation trustee corporations.
(ii) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(a) subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion; and
(b) any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in service,
to which an employee is entitled under this Award or any applicable Award, Act
or statute which is expressed to be determined by reference to an employee’s
salary, shall be calculated by reference to the salary which would have applied
to the employee under clause 8 of this Award in the absence of any salary
sacrifice to superannuation made under this Award.
(iii) The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First State Superannuation Act 1992
as optional employer contributions; or
(b) subject to the
Department’s agreement, paid into a private sector complying superannuation
scheme as employer superannuation contributions.
(iv) Where an
employee makes an election in terms of subclause (iii) of this clause, the
employer shall pay the portion of salary, the subject of election, to the
relevant superannuation fund.
(v) Where the
employee is a member of a superannuation scheme established under the:
(a) Police
Regulation (Superannuation) Act 1906;
(b) Superannuation
Act 1916;
(c) State
Authorities Superannuation Act 1987;
(d) State
Authorities Non-contributory Superannuation Act 1987; or
(e) First State
Superannuation Act 1992,
the employee’s Department must ensure that the amount
of any additional employer superannuation contributions specified in subclause
(i) of this clause is included in the employee’s superannuable salary which is
notified to the New South Wales public sector superannuation trustee
corporations.
(vi) Where, prior to
electing to sacrifice a portion of their salary to superannuation, an employee
had entered into an agreement with their Department or agency to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause (v) of this clause, the
Department or agency will continue to base contributions to that fund on the
salary payable under clause 8 to the same extent as applied before the employee
sacrificed portion of that salary to superannuation. This clause applies even though the superannuation contributions
made by the Department or agency may be in excess of superannuation guarantee
requirements after the salary sacrifice is implemented.
22. Leave Reserved
1. Leave is
reserved to the parties to make application in respect of Clause 9, Special
Allowances, re qualifications allowances following the Commission’s Decision in
the Public Hospital Nurses (State) Award.
Any such application will not seek an outcome that is greater in quantum
than the decision in matter number IRC 6802 of 2001.
2. Leave is
reserved to the parties to make application in respect to the inclusion of
provisions for traineeships leading to enrolment as an Enrolled Nurse.
3. Leave is
reserved to the parties to make application in respect of the pay rate
applicable to Assistants in Nursing currently undertaking an education program
leading to registration with the Board.
Any such application will not seek an outcome that is greater in quantum
than the award outcome of the current negotiations in the Public Hospital
Nurses’ (State) Award.
4. Leave is
reserved to the parties to make application in respect of remuneration for
enrolled nurses whose role involves the administration of medication. Any such application will not be made before
1 January 2007 and will not seek an outcome that is greater in quantum than the
award outcome of the current negotiations in the Public Hospital Nurses’
(State) Award.
5. Leave is
reserved to the parties to undertake a review, after 1 January 2007, of the
Clinical Nurse Specialist, Clinical Nurse Educator, and Nurse Learning and
Development Officer classifications. The review will include salary levels and
role definition but may also include other issues relating to these
classifications that are identified by either party. If agreement is not
reached either party has leave to make application to the IRC to arbitrate the
matter.
6. The parties may
discuss future salary increases for this award. In the absence of consent being reached, during the period of the
award, leave is reserved to the parties to make application in respect of such
increases. The parties agree that an
application other than by consent will be limited to 3% from the first full pay
period on or after 1 July 2005 and a further increase of 3% from the first full
pay period on or after 1 July 2006.
23. Area, Incidence
and Duration
(i) This award
applies to all employees as defined in clause 2, Definitions.
(ii) This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Nurses' (Department of Ageing, Disability &
Home Care) (State) Award 2005 published on 8 July 2005 (352 I.G. 246), as
varied.
(iii) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) take effect on and from 14 August 2008.
(iv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Schedule 1 of Part
A
Nurse Manager and Administrative Support Positions
Principal Nurse Manager Accommodation and Nursing Services -
Nurse Manager Grade 8
Principal Nurse Manager Accommodation and Nursing Services -
Nurse Manager Grade 7
Stockton, Marsden/Rydalmere
Nurse Manager Accommodation and Nursing Services - Nurse
Manager Grade 5
Peat Island, Kanangra, Lachlan, Riverside, Stockton,
Rydalmere, Marsden
Nurse Manager Accommodation and Nursing Services - Nurse
Manager Grade 4
Tomaree, Grosvenor
Nurse Systems Support Coordinator (NSSC)
Level 4
Stockton, Rydalmere, Marsden
Level 3
Peat Island, Kanangra
Level 2
Lachlan, Riverside
Level 1
Tomaree, Grosvenor
Nurse Systems Support Officer (NSSO)
Level 3
Stockton, Rydalmere, Marsden
Level 2
Peat Island, Kanangra
Level 1
Lachlan, Riverside
Nurse Manager Learning and Development - Nurse Manager Grade
3
Metro West Residences, Hunter Residences
Nurse Manager Resource Support Unit - Nurse Manager Grade 3
Metro West Residences, Hunter Residences
Nurse Manager After Hours - Nurse Manager Grade 1
Marsden, Rydalmere, Stockton and Kanangra
PART B
Monetary Rates
Table 1 - Salaries
|
Classification
|
4% First full pay
period to
|
|
|
commence on or
after 01/07/07 Per Annum
|
|
|
$
|
|
|
|
|
Assistant in Nursing -
|
|
|
Under 18 years of age -
|
|
|
1st year of experience
|
26,787
|
|
2nd year of experience
|
27,993
|
|
Thereafter
|
29,097
|
|
|
|
|
18 years of age and over
|
|
|
1st year of experience
|
31,613
|
|
2nd year of experience
|
32,623
|
|
3rd year of experience
|
33,640
|
|
Thereafter
|
34,683
|
|
|
|
|
Trainee Enrolled Nurse Under 18 years of age -
|
|
|
1st year of experience
|
26,827
|
|
2nd year of experience
|
28,008
|
|
Thereafter
|
29,130
|
|
|
|
|
18 years of age and over
|
|
|
1st year of experience
|
31,646
|
|
2nd year of experience
|
32,655
|
|
3rd year of experience
|
33,678
|
|
Thereafter
|
34,732
|
|
|
|
|
Enrolled Nurse
|
|
|
1st year of experience
|
38838
|
|
2nd year of experience
|
39690
|
|
3rd year of experience
|
40546
|
|
4th year of experience
|
41406
|
|
Thereafter
|
42269
|
|
|
|
|
Enrolled Nurse - Medication Endorsed
|
|
|
1st year of experience
|
40,881
|
|
2nd year of experience
|
41,762
|
|
3rd year of experience
|
42,648
|
|
4th year of experience
|
43,534
|
|
Thereafter
|
44427
|
|
Nurse undergoing pre-registration training other than
|
37,967
|
|
as a student
|
|
|
|
|
|
Registered Nurse -
|
|
|
1st year
|
44,035
|
|
2nd year
|
46,437
|
|
3rd year
|
48,832
|
|
4th year
|
51,399
|
|
5th year
|
53,944
|
|
6th year
|
56,499
|
|
7th year
|
59,395
|
|
8th year
|
61,843
|
|
|
|
|
Clinical Nurse Consultant
|
|
|
1st year
|
77,365
|
|
2nd year
|
79,136
|
|
|
|
|
Clinical Nurse Specialist
|
|
|
No further appointments to this classification from
|
64,365
|
|
date of this Award
|
|
|
|
|
|
Clinical Nurse Educator
|
64,365
|
|
|
|
|
Nurse, Learning and Development Officer -
|
|
|
1st year
|
71,399
|
|
2nd year
|
73,408
|
|
3rd year
|
75,210
|
|
4th year
|
79,137
|
|
Residential Unit Nursing Manager -
|
|
|
Level 1
|
77,577
|
|
Level 2
|
81,261
|
|
Level 3
|
83,443
|
|
|
|
|
Nurse Systems Support Officer
|
|
|
Level 1
|
69,510
|
|
Level 2
|
73,923
|
|
Level 3
|
|
|
1st year
|
77,365
|
|
2nd year
|
78,940
|
|
|
|
|
Nurse Systems Support Co-ordinator
|
|
|
Level 1
|
73,923
|
|
|
|
|
Level 2
|
|
|
1st year
|
77,365
|
|
2nd year
|
78,940
|
|
|
|
|
Level 3
|
|
|
1st year
|
77,365
|
|
2nd year
|
78,940
|
|
3rd year
|
80507
|
|
4th year
|
82,101
|
|
|
|
|
Level 4
|
|
|
1st year
|
80,507
|
|
2nd year
|
82,101
|
|
Nurse Manager After Hours
|
|
|
1st year
|
77,365
|
|
2nd year
|
78,940
|
|
Marsden, Rydalmere, Stockton and Kanangra
|
|
|
|
|
|
Principal Nurse Manager Accommodation and
|
|
|
Nursing Services
|
|
|
1st year
|
107,358
|
|
2nd year
|
108,946
|
|
|
|
|
Nurse Manager Accommodation and Nursing Services
|
|
|
|
|
|
Tomaree, Grosvenor
|
|
|
1st year
|
89,994
|
|
2nd year
|
91,572
|
|
|
|
|
Peat Island, Kanangra, Lachlan, Riverside, Stockton,
|
|
|
Rydalmere, Marsden
|
|
|
1st year
|
94,715
|
|
2nd year
|
96,315
|
|
|
|
|
Nurse Manager Learning and Development Unit
|
|
|
1st year
|
85,251
|
|
2nd year
|
86,389
|
|
|
|
|
Nurse Manager Resource Support Unit
|
|
|
1st year
|
85,251
|
|
2nd year
|
86,839
|
|
|
|
|
Nurse Manager
|
|
|
Grade 1
|
|
|
1st year
|
77,365
|
|
2nd year
|
78,940
|
|
|
|
|
Grade 2
|
|
|
1st year
|
80,507
|
|
2nd year
|
82,101
|
|
|
|
|
Grade 3
|
|
|
1st year
|
85,251
|
|
2nd year
|
86,839
|
|
|
|
|
Grade 4
|
|
|
1st year
|
89,994
|
|
2nd year
|
91,572
|
|
|
|
|
Grade 5
|
|
|
1st year
|
94,715
|
|
2nd year
|
96,315
|
|
|
|
|
Grade 6
|
|
|
1st year
|
99,471
|
|
2nd year
|
100,939
|
|
|
|
|
Grade 7
|
|
|
1st year
|
107,358
|
|
2nd year
|
108,946
|
|
Grade 8
|
|
|
1st year
|
115,251
|
|
2nd year
|
116,828
|
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Description
|
4% First full pay
period
|
|
No.
|
No.
|
|
to commence on or
|
|
|
|
|
after 01/07/07
|
|
|
|
|
$
|
|
1
|
9(i)
|
Registered nurse in charge of unit in absence of RUNM
|
24.10 per shift
|
|
|
& (ii)
|
or in charge of a Residence of not more than 100 resident
|
|
|
|
|
clients.
|
|
|
2
|
9(iv)
|
Registered nurse designated as the Rover in charge of
|
24.10 per shift
|
|
|
|
residential centre after hours
|
|
|
|
|
(Lachlan, Riverside)
|
|
|
3
|
9(iii)
|
Registered nurse in charge of unit in absence of RUNM
|
36.20 per shift
|
|
|
|
and in charge of a Residence of not more than 100
|
|
|
|
|
resident clients.
|
|
|
4
|
9(v)
|
Registered nurse designated as the Rover in charge of a
|
36.20 per shift
|
|
|
|
residential centre after hours
|
|
|
|
|
(Peat Island, Kanangra)
|
|
|
5
|
11(i)
|
Uniform allowance
|
5.02 per week
|
|
|
11(iii)(a
|
Shoe allowance
|
1.55 per week
|
|
|
11(iii)(b)
|
Stocking allowance
|
2.60 per week
|
|
|
11(iii)(c)
|
Sock allowance
|
0.51 per week
|
|
|
11(iv)
|
Laundry allowance
|
4.18 per week
|
P.
J. CONNOR, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.