NSW Ambulance Paramedics (State) Award 2023
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by Health Secretary, Ministry of
Health.
(Case No. 215142 of 2023)
Before Chief
Commissioner Constant
|
21 December
2023
|
AWARD
1. Title
This Award
shall be known as the "NSW Ambulance Paramedics (State) Award 2023".
2. Arrangement
Clause No. Subject
Matter
1. Title
2. Arrangement
SECTION 1 -
GENERAL
3. Object
4. Definitions
5. Work Levels
6. Introduction of Change
SECTION 2 -
EMPLOYMENT CONDITIONS
7. Employees Duties
8. Vacancies and Promotion
9. Appointment of Officers
10. Termination of Employment
SECTION 3 -
WAGES AND MONETARY ENTITLEMENTS
11. Wages
12. Manager Allowances
13. Paramedic Allowances
14. Paramedic Control Centre Staff Allowances
15. Climatic and Isolation Allowance
16. Travelling Time and Expenses
17. Travelling on Cases
18. Relieving Other Members of Staff
19. Special Events Coverage
20. Non-Operational Activity
21. Salary Sacrifice to Superannuation
22. Salary Packaging
SECTION 4 -
HOURS OF WORK
23. Hours of Duty
24. Allocated Day Off
25. Roster of Hours
26. Employees On Call
27. Overtime
28. Reasonable Hours
29. Time Off in Lieu of Overtime
30. Penalty Rates for Shift Work and Weekend
Work
31. Public Holidays
SECTION 5 -
LEAVE ENTITLEMENTS
32. Annual Leave
33. Annual Leave Loading
34. Family and Community Leave and Personal
Carers Leave
35. Leave for Matters Arising from Family
Violence
36. Maternity, Adoption and Parental Leave
37. Lactation Breaks
38. Study Leave
39. Trade Union Leave
40. Long Service Leave
41. Sick Leave
SECTION 6 -
MISCELLANEOUS
42. Uniforms
43. Accommodation
44. Lockers and Showers
45. Union Subscriptions
46. Union Notice Boards
SECTION 7 -
AWARD PARAMETERS
47. Issues Resolution
48. Anti-Discrimination
49. Transitional provisions
50. Exemptions
51. No Extra Claims
52. Area Incidence and Duration
SECTION 8 - MONETARY
RATES
Table 1A - Wages
from 1 July 2023
Table 1B -
Clinical Staff Wages from 1 January 2024
Table 1C -
Management Staff Wages
Table 2A -
Manager Allowances
Table 2B -
Paramedic Allowances
Table 2C -
Paramedic Control Centre Staff Allowances
Table 2D - On
Call Allowances
Table 2E -
Living Away From Home Allowance
Table 2F -
Additional Allowances
SECTION 9 -
TRANSITIONAL ARRANGEMENTS
SECTION 1 - GENERAL
3. Object
The parties seek to
achieve excellence in the provision of ambulance services for New South Wales
through an efficient and effective pre-hospital emergency care and health
related transport system.
4. Definitions
"Ambulance
services" includes the following functions -
(a) to
respond rapidly to requests for help in a medical emergency;
(b) to
provide specialised medical skills to maintain life and to reduce pain,
suffering and injuries in emergency situations and while moving people
requiring those skills;
(c) to
provide specialised transport and retrieval services to move people requiring
emergency medical treatment;
(d) to
provide services for which specialised medical, nursing or paramedical skills
are required including transport, virtual clinical care and referral services;
(e) to
provide specialised rescue services through accredited rescue units, including
aviation and special operations services to operate in hazardous and complex environments;
(f) to
undertake patient transport or other services as required under the Annual
Service Agreement required by the Secretary of Health;
(g) services relating to the work of
rendering first aid to, and the transport of, sick and injured persons.
"Control
centre functions" means functions relating to call taking, triage,
assessment and dispatch and movement of emergency and non- emergency ambulances
utilising NSW Ambulance’s Computer Aided Dispatch or other related ICT
platforms and Telecommunication systems.
"Day
Worker" means an employee who works his or her ordinary hours from Monday
to Friday inclusive and who commences work on such days between 6:00 a.m. and
10:00 a.m. inclusive.
"Employee"
means a person employed in a classification set out in clause 5 of this Award.
"Officer
and/or Control Centre Officer/Paramedic" means an employee of the Service
who is employed pursuant to this Award.
"Employer"
means the Secretary of the Ministry of Health exercising employer functions on
behalf of the Government of New South Wales (and includes a delegate of the
Secretary).
"Modified
Hours Roster" means any roster which arranges the hours of duty of
full-time employees in a format other than on an eight (8) hours per shift
basis.
"Registered
paramedic" or "registration as a paramedic" means registration
in paramedicine by the Paramedicine Board of Australia (or any successor).
"Service"
means continuous service with one or more District Committees prior to 13 April
1973, and continuous service of the New South Wales Ambulance Board on and from
13 April 1973, and continuous service of the Health Commission on and from 1
January 1977 and continuous service of the Health Administration Corporation on
and from 17 August 1982, and continuous service with the NSW Department of
Health on and from 17 March 2006, and continuous service with the Ministry of
Health on and from 5 October 2011.
"NSW
Ambulance" means the Ambulance Service of New South Wales.
"Shift
Worker" means an employee who is not a day worker as defined.
"The
Ministry" means the Ministry of Health.
"The
Service" means the Ambulance Service of New South Wales.
"Union"
means the Health Services Union NSW and/or Australian Paramedics Association
(NSW).
"Work
Level" means a work level as set out in clause 5, Work Levels.
"Working
Week" for the purpose of this Award, shall commence on Saturday and finish
on Friday.
5. Work Levels
Employees will be
classified according to the Work Levels set out below.
Paramedic Work
Levels
The Paramedic Work Levels
set out in subclauses (a) to (g) below are intended to encompass employees who
are, or are training with the employer to be, registered paramedics, other than
those appointed to management roles.
(a) Paramedic - Entry Level
(i) Paramedic - Entry Level means a person
employed in or in connection with the provision of ambulance services who is
enrolled in an approved traineeship, graduate or
internship program (however described) required by the employer.
(ii) Positions within Paramedic - Entry Level
may include (but are not limited to):
(1) Trainee Paramedic means an employee who is
undertaking the necessary and relevant training and work experience as
determined by the employer to become a Paramedic Intern and who is appointed to
an approved Trainee Paramedic position.
(2) Paramedic Intern means a registered
paramedic who is undertaking the necessary and relevant training and work
experience as determined by the employer to complete a required internship
program and who is appointed to an approved Paramedic Intern position.
(3) Paramedic Intern means an employee who
has successfully completed the relevant training and work experience as
determined by the employer to progress to the second year of the Post
Employment Tertiary Pathway program.
(b) Paramedic - Level 1
(i) Paramedic - Level 1 means a person
employed in or in connection with the provision of paramedicine or ambulance
services who is a registered paramedic and otherwise meets the requirements of
and is appointed to a Paramedic - Level 1 position as determined by the
employer.
(ii) Positions within Paramedic - Level 1 may
include (but are not limited to):
(1) Paramedic means an employee who is a
registered paramedic and has successfully completed the necessary and relevant
training and work experience as determined by the employer to become a
Paramedic and who is appointed to an approved Paramedic position.
(c) Paramedic - Level 2
(i) Paramedic - Level 2 means a person who meets
the requirements of Paramedic - Level 1 and, in addition, has completed a
specialist qualification and/or training and/or acquired specialist experience
in an area of specialty as determined by the employer and otherwise meets the
requirements of and is appointed to a Paramedic - Level 2 position as
determined by the employer.
(ii) Positions within Paramedic - Level 2 may
include (but are not limited to):
(1) Paramedic Specialist means an employee
who is a registered paramedic and who has successfully completed the
requirements to be a Paramedic and who has completed the necessary and relevant
training and work experience as determined by the employer to become a
Paramedic Specialist. Paramedic Specialist will include:
(A) Intensive Care Paramedic means an employee
who is a registered paramedic and who has completed the necessary and relevant
training and work experience as determined by the employer to become a
Paramedic Specialist - Intensive Care Paramedic and who is appointed to an
approved Intensive Care Paramedic position.
(B) Extended Care Paramedic means an employee
who is a registered paramedic and who has completed the necessary and relevant
training and work experience as determined by the employer to become a
Paramedic Specialist - Extended Care Paramedic and who is appointed to an
approved Extended Care Paramedic position.
(d) Paramedic - Level 3
(i) Paramedic - Level 3 means a person who
meets the requirements of Paramedic - Level 2 and, in addition, is employed in
connection with aeromedical operations and otherwise meets the requirements of
and is appointed to a Paramedic - Level 3 position as determined by the
employer.
(ii) Band 1 Positions within Paramedic - Level
3 may include (but are not limited to):
(1) Critical Care Paramedic (Aeromedical)
means an employee who is a registered paramedic and who has completed the
necessary and relevant training and work experience as a Paramedic Specialist
as determined by the employer to be a Critical Care Paramedic (Aeromedical) and
who is appointed to an approved Critical Care Paramedic (Aeromedical) position
or is working as an independent Critical Care Paramedic (Aeromedical) on a
Critical Care Paramedic (Aeromedical) roster.
(iii) Band 2 Positions within Paramedic - Level 3
may include (but are not limited to):
(1) Aeromedical Control Centre Officer means
an employee who has successfully completed the requirements for and is
appointed to an Aeromedical Control Centre Officer position identified as such
by the employer. - need to reflect level 1 minimum qualifications.
(iv) Band 3 Positions withing Paramedic - Level
3 may include (but are not limited to):
(1) Critical Care Paramedic (Aeromedical)
Team Leader means an employee who has completed the requirements for a Critical
Care Paramedic (Aeromedical) and who has successfully completed the
requirements for and is appointed to a Critical Care Paramedic (Aeromedical)
Team Leader position identified as such by the Service.
Critical Care Paramedic
(Aeromedical) Team Leaders are not entitled to the
Technical Operations Allowance which is set out in Item 1 of Table 2B -
Paramedic Allowances of Section 8, Monetary Rates, of this Award.
Critical Care
Paramedic (Aeromedical) Team Leaders are not entitled
to the Clinical Specialist Allowance which is set out in Item 1 of Table 2A -
Management Allowances of Section 8, Monetary Rates, of this Award.
(e) Paramedic - Level 4
(i) Paramedic - Level 4 means a person who
meets the requirements of Paramedic - Level 1 and, in addition, is primarily
employed in connection with the training or education of other employees and
otherwise meets the requirements of and is appointed to a Paramedic - Level 4
position as determined by the employer.
(ii) Band 1 Positions within Paramedic - Level
4 may include (but are not limited to):
(1) Ambulance Clinical Training Officer means
an employee who has successfully completed the requirements for and is
appointed to an Ambulance Clinical Training Officer position identified as such
by the employer.
This category
of employee will be principally involved in the provision of training on an
individual or small group basis in the local area and primarily would rely on
training material developed on a central basis with project input by some or all of the Clinical and Paramedic Training Officers.
The Clinical
Training Officer is responsible for the planning, delivery and evaluation of
education and training programs for operational staff, including Trainee
Paramedics and Paramedics that are consistent with National Competency
Standards and NSW Ambulance's policies and procedures.
(iii) Band 2 Positions within Paramedic - Level 4
may include (but are not limited to):
(1) Ambulance Clinical Educator (rank
insignia will be in accordance with NSW Ambulance’s Uniform Policy, as amended
or replaced from time to time) means an employee who has successfully completed
the requirements for and is appointed to an Ambulance Clinical Educator
position identified as such by the employer.
This category
of employee will be principally involved in the Clinical Science theory and
clinical education of employees utilising advanced educational and management
skills.
This category
of employee will be principally involved with Clinical Science theory and
paramedical, competency-based education and training programs, will be required
to give advice about and be responsible for the development of clinical science based curricula, adult education and education
modalities and will be required to give advice to employees regarding course
content, course progression and learning techniques. The Clinical Educator is
also required to manage clinical and paramedical education courses and
programs.
Clinical
Educators not holding a certificate to practice shall be required to undertake
and successfully complete further instruction/in-service courses as required by
the Service.
Clinical
Educators who are eligible for and who wish to maintain a certificate to
practice shall be required to undertake and successfully complete further
instruction/in-service courses necessary for the maintenance of their
certificate to practice and the reissue of their certificate to practice every
three years.
(2) Ambulance Paramedic Educator means an
employee who has successfully completed the requirements for and is appointed
to an Ambulance Paramedic Educator position identified as such by the employer.
This category
of employee will be principally involved theoretical and paramedical,
competency-based education and training programs, will be required to give
advice about and be responsible for the development of paramedical based
curricula, adult education and education modalities and will be required to
give advice to employees regarding course content, course progression and
learning techniques. The Paramedic Educator is also required to manage
paramedical education courses and programs.
Provided that
such an employee shall be required to undertake and successfully complete
further instruction/in-service courses necessary for the maintenance of their
certificate to practice and the reissue of their certificate to practice every
three years.
(h) For the avoidance of doubt, employees
employed under this Award are eligible to be permanently appointed to perform
Control Centre or other functions.
Manager Work
Levels
The Manager
Work Levels set out in subclauses (i) to (l) below
are intended to encompass employees who are registered paramedics and appointed
to management roles.
(i) Manager - Level 1
(i) Manager - Level 1 means an employee who
meets the requirements of Paramedic - Level 1 and, in addition, meets the
requirements of and is appointed to a Manager - Level 1 position as determined
by the employer.
(ii) Positions within Manager - Level 1 may
include (but are not limited to):
(1) Team Leader means an employee who has
successfully completed the requirements as set out for Paramedic and who has
successfully completed the requirements for and is appointed to a Team Leader
position identified as such by the employer.
(j) Manager - Level 2
(i) Manager - Level 2 means an employee who
meets the requirements of Paramedic - Level 1 and, in addition, meets the
requirements of and is appointed to a Manager - Level 2 position as determined
by the employer.
(ii) Positions within Manager - Level 2 may
include (but are not limited to):
(1) Station Manager means an employee who has
successfully completed the requirements as set out for Paramedic - Level 1 and
who has successfully completed the requirements for and is appointed to a
Station Manager position identified as such by the employer
(2) Duty Control Centre Officer - Paramedic
means an employee who has successfully completed the requirements as set out
for Paramedic - Level 1 and who has successfully completed the requirements for
and is appointed to a Duty Control Centre Officer position identified as such
by the employer.
(l) Manager - Level 3
(i) Manager - Level 3 means an employee who
meets the requirements of Paramedic - Level 1 and, in addition, meets the
requirements of and is appointed to a Manager - Level 3 position as determined
by the employer.
(ii) Positions within Manager - Level 3 may
include (but are not limited to):
(1) District Manager means an employee who
has successfully completed the requirements as set out for a Paramedic - Level
1 and who has successfully completed the requirements for and is appointed to a
Duty Operations Manager position identified as such by the employer.
(2) Senior Control Centre Officer means an
employee who has successfully completed the requirements as set out for a
Paramedic - Level 1 and who has successfully completed the requirements for and
is appointed to a Senior Control Centre Officer position identified as such by
the employer.
Other matters
(m) All employees are required to complete such
further instruction and/or in-service courses relating to their duties as may
be required by the employer from time to time. In addition, all employees for
whom it is a requirement of their position to maintain paramedic registration
are required to maintain current competency and complete such further
instruction, in-service courses and/or other requirements as are necessary to
maintain this registration.
(n) The creation and/ or assignment of a
classification to a work level in this Award must be done by genuine
consultation between the parties with a mind to achieve agreement. Should
agreement not be achieved either party may elect to refer the matter to the
Industrial Relations Commission in line with the provisions of clause 47 of
this Award. For the avoidance of doubt, in the event a dispute relating to
Clause 5 of this award is not resolved in conciliation, the employer bears the
onus to prove that the change of classification is required.
6. Introduction of Change
Any proposal
that will significantly affect employees covered by the Award will be the
subject of genuine consultation between the parties.
Should such a
change lead to an expanded scope of practice for any classification or group of
employees covered by this Award, the parties agree to discuss the impact of
this on the classification structure.
SECTION 2 - EMPLOYMENT
CONDITIONS
7. Employees’ Duties
(a) The employer may direct an employee to
carry out such duties as are reasonable, and within the limits of the employee’s
skills, competence and training consistent with the employee’s classification,
provided that such duties are not designed to promote de-skilling.
(b) 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 and is currently certified
in the use of such tools and equipment.
(c) Any direction issued by the employer
pursuant to subclause (a) and (b) of this clause shall be consistent with the
employer’s duties to provide a safe and healthy working environment.
(d) The application of subclause (a) of this
clause shall be undertaken in a fair, reasonable and
sensible manner.
8. Vacancies and Promotion
(a) Advertisement of vacant positions shall
be notified throughout the employer by regular vacancy circulars distributed
via the employer Intranet.
(b) Appointments shall be made on the basis of merit.
(c) The vacancy shall be filled from
applications received, provided that the employer can re-advertise the position
if necessary.
(d) Subclauses (a), (b), and (c) are
overruled to the extent necessary for the implementation of the Ambulance
employer’s lateral transfer policy. Any changes to this policy will be the
subject of consultation.
(e) Remote Incentive Initiative: Employees
may be granted incentives pursuant to such terms and conditions prescribed in
NSW Health’s IB2017_038 ‘Rural and Remote Incentive Scheme’ as amended or
replaced from time to time. Any change or variation to the terms and conditions
contained in this Information Bulletin will be the subject of consultation.
Further, unless agreed between the parties to this award, termination of this
incentive scheme will not occur prior to the expiration of this award.
9. Appointment of Officers
(a) All employees will be appointed on
probation for a period of 12 months from the date of their appointment or
re-appointment to NSW Ambulance. Where
an employee has not met the required standards by the end of this period and it
is not unreasonably onerous for the employee, but otherwise in the employer’s
discretion, the employer may extend an employee’s probation by a period
determined by the employer.
(b) An employee engaged under this Award
shall be engaged as a permanent full-time, permanent part-time, temporary
full-time, temporary part-time, or casual.
(c) Every employee will be provided with a
position description as developed between the parties commensurate with their
position, which he or she will be required to sign.
(d) Permanent Full-Time Employee
(i) A permanent full-time employee is a
permanent employee who is required to work an average of 38 hours per week in
accordance with clause 23, Hours of Duty.
(e) Permanent Part-Time Employee
(i) A permanent part-time employee is
permanently appointed by the employer to work a specified number of hours per
week, which are less than the full-time hours prescribed in clause 23, Hours of
Duty.
(ii) A permanent full-time employee may also
work as a temporary part-time employee for an approved specified period of time
e.g. 12 months. The parties recognise that temporary
part-time employment will provide flexible working arrangements for employees
to cater for personal requirements such as family responsibilities. At the
conclusion of the approved specified period of time,
the employee will revert to their permanent full-time status.
(iii) Permanent part-time employees shall work in
accordance with rosters exhibited in each station at least seven days in
advance of the commencing date of the roster and shall show the hours of duty
for the agreed roster period or 28 days, whichever is the greater.
(iv) Permanent part-time employees shall be paid
an hourly rate calculated on the basis of one
thirty-eighth of the rate prescribed in Table 1A - Wages from 1 July 2023,
Table 1B - Clinical Staff Wages from 1 January 2024 or Table 1C - Management
Staff Wages of Section 8, Monetary Rates, with a minimum payment of two hours
for each start.
(v) Permanent part-time employees shall be
entitled to payment of the allowances prescribed by clause 15, Climatic and
Isolation Allowance, in the same proportion as the actual hours worked per week
bear to full-time hours.
(vi) Employees engaged under this clause shall
not be entitled to allocated days off as prescribed in clause 24, Allocated
Days Off.
(vii) Employees engaged under this clause shall be
entitled to all other benefits not otherwise expressly provided for herein at
the same proportion as their actual hours of work bear to full-time hours.
(viii) 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 or section concerned shall be paid for at the rate of time and
one-half for the first two hours and double time thereafter.
(ix) Time worked up to the rostered daily
ordinary hours of work prescribed for a majority of
the full-time employees employed on that shift in the unit or section concerned
shall not be regarded as overtime but an extension of the contract hours for
that day and shall be paid at the ordinary rate of pay.
(x) Permanent part-time employees will be
required to undertake and successfully complete all the requirements applicable
to permanent full-time employees as defined in clause 5, Work Levels.
(f) Temporary Employee
(i) A temporary employee is engaged for a
continuous fixed period of time. The duties may
include the provision of relief for permanent employees, conduct of specific
projects or the provision of services which are not recurrent in nature.
(ii) A temporary employee may be full-time or
part-time.
(iii) A temporary employee shall be paid for the number
of hours worked each week on an hourly rate calculated at the same hourly rate
as prescribed for a full-time employee in the same classification plus 10%
loading. The loading shall not apply if:
(1) The period of employment extends beyond
13 weeks; and
(2) The employer and the employee agree,
during the 13 weeks, that the employee will be employed on a permanent basis.
(iv) A temporary employee shall be entitled to a
minimum payment of two hours for each start.
Time worked up
to the rostered daily ordinary hours of work prescribed for a
majority of the full-time employees employed on that shift in the
station, unit or section concerned shall not be regarded as overtime but an
extension of the contract hours for that day and shall be paid at the ordinary
rate of pay.
(v) Temporary employees will be required to
undertake and successfully complete all the requirements applicable to
permanent full-time employees as defined in clause 5, Work Levels.
(g) Casual Employee
(i) A casual employee is engaged on an hourly
basis for a short period of time. The nature of the work performed would be
irregular, intermittent, urgent or short term.
However, employees will be offered sufficient hours of work required to
maintain a certificate to practice.
(ii) Time worked up to the rostered daily
ordinary hours of work prescribed for a majority of
the full-time employees employed on that shift in the station, unit or section
concerned shall not be regarded as overtime but an extension of the contract
hours for that day and shall be paid at the ordinary rate of pay.
(iii) Casual employees will be paid an hourly
rate calculated on the basis of one thirty-eighth of
the appropriate rate prescribed for the appropriate classification in clause 5,
Work Levels, plus 10% loading with a minimum payment of two hours for each
start. This loading is in recognition of the casual nature of the work and the
leave entitlements forgone. Annual leave entitlements are in accordance with
the Annual Holidays Act 1944, as amended or replaced from time to time.
(iv) Casual employees will be required to
undertake and successfully complete all the requirements applicable to
permanent full-time employees as defined in clause 5, Work Levels.
(h) Secure Employment
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 workforce, in particular by ensuring
that casual employees have an opportunity to elect to become fulltime or
part-time employees.
Casual
Conversion
(i) A casual employee engaged by the 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) The employer shall give such a casual
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 NSW
Ambulance fails to comply with this notice requirement.
(iii) Any casual employee who has a right to
elect under subclause (h)(i) of this clause, upon
receiving notice of said subclause (h)(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 the 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 dispute 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 NSW
Ambulance.
(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 (h)(iii) of this clause, the employer
and employee shall, in accordance with this subclause, and subject to said
paragraph (h)(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) of this subclause, 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 dispute settlement procedure.
(viii) An employee must not be engaged and
re-engaged, dismissed or replaced in order to avoid
any obligation under this subclause.
10. Termination of Employment
(a) Employment shall be terminated by two
weeks’ notice in writing by either party or by the giving or forfeiting, as the case may be, of two weeks’ wages in lieu of notice.
(b)
(i) Employees with a credit of hours accrued towards
an allocated day(s) off duty as prescribed in clause 24, Allocated Days Off,
shall be paid for such accrual upon termination.
(ii) Employees with a credit of hours accrued as a result of working a roster in accordance with subclause
(a) of clause 23, Hours of Duty, shall be paid for such accrual upon
termination.
(iii) Employees with a debit of hours accrued as a result of working a roster in accordance with subclause
(a) of clause 23, Hours of Duty, shall reimburse the employer for such accrual
upon termination.
(iv) Employees with a credit of hours accrued as a result of opting for time off in lieu of overtime in
accordance with subclause (a) of clause 29, Time Off in Lieu of Overtime, shall
be paid for such accrual upon termination at the appropriate overtime rate
based on the rate of pay applying at the time of termination.
(c) The employer will, upon request by the
employee, give the employee a signed statement outlining the period of
employment.
SECTION 3 - WAGES AND
MONETARY ENTITLEMENTS
11. Wages
(a) Employees shall not be paid less than the
minimum wages for their classification as set out in Table 1A - Wages from 1
July 2023, Table 1B - Clinical Staff Wages from 1 January 2024 or Table 1C -
Management Staff Wages of Section 8, Monetary Rates.
(b) This clause is subject to the
arrangements for existing employees set out in clause 49, Transitional
Provisions.
(c) Wages shall be paid fortnightly by
electronic transfer.
(d) For each pay day, employees shall be
furnished with a statement showing the gross amount of
ordinary wages and overtime, together with separate details of all deductions.
(e) Overtime and penalty rates shall be paid
within one week of the end of the pay period in which such overtime or penalty
rates were worked.
(f) 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, except where agreement as to another method of
payment has been reached between the Unions and the employer due to the
isolation of an ambulance station. Salaries shall be deposited by the employer
in sufficient time to ensure that wages are available for withdrawal by
employees no later than pay day; provided that this requirement shall not apply
where employees nominate accounts of non-bank financial institutions which lack
the technological or other facilities to process salary deposits within 24
hours of the employer making their deposits with such financial institutions,
but in such cases the employer shall take all reasonable steps to ensure that
the wages of such employees are available for withdrawal by no later than pay
day.
(g) Underpayments and overpayments
In the event that an underpayment or overpayment of wages is
substantiated, the following process will apply.
(i) Underpayment
(1) If the amount underpaid is equal to or
greater than one day's gross base pay the underpayment
will be rectified within three working days.
(2) If the amount underpaid is less than one
day's gross base pay it will be rectified by no later than the next normal pay.
However, if the employee can demonstrate that rectification in this manner
would result in undue hardship, every effort will be made by the employer to
rectify the underpayment within three working days.
(ii) Overpayment
(1) In cases where an employee has been
overpaid due to genuine mistake or error, the employer may seek to recover the
overpayment. However, this recovery is to be made in a manner that is fair and
reasonable, taking into account the circumstances of
both the employee and the employer.
(2) As soon as an overpayment has been
identified, the employer will advise the employee in writing of the following:
(A) the nature of the overpayment;
(B) the amount of the overpayment;
(C) how the overpayment occurred and how it
constitutes a genuine mistake or error;
(D) evidence of the overpayment;
(E) a proposed method of recovery;
(F) The opportunity for the employee to discuss
the matter with the employer;
(3) Where a suspected overpayment has
occurred, it is the obligation of the employer to demonstrate this.
(4) An employee has the right to request a review
and audit of the overpayment from the employer.
(5) The employer and employee shall discuss
and attempt to agree on a reasonable and fair method for recovering the
overpayment.
(6) If the employer and employee cannot agree
on a recovery plan, the maximum rate at which overpayments can be recovered is
an amount, calculated on a per fortnight basis, equivalent to no more than 10%
of the employee’s gross fortnightly base pay.
(7) The recovery rate of 10% of an employee’s
gross fortnightly base pay referred to in subparagraph (4) above may be reduced
where the employee can demonstrate that undue hardship would result.
(8) Where an employee’s remaining period of
service does not permit the full recovery of any overpayment to be achieved on
the fortnightly basis prescribed in subparagraph (5) above, the employer shall
have the right to deduct any balance of such overpayment from monies owing to
the employee on the employee’s date of termination, resignation, or retirement,
as the case may be, unless the overpayment is disputed by the employee.
(g) Payment of shift penalties and other
work-related allowances or payments to employees subject to
misconduct/disciplinary inquiries will be made on the terms and conditions
prescribed by the NSW Health Policy Directive PD2018_031, Managing Misconduct,
as amended or replaced from time to time.
12. Manager Allowances
(a) The Clinical Specialist Allowance set out
in item 1 of Table 2A - Manager Allowances of Section 8, Monetary Rates is to
be paid to employees who have obtained the necessary qualifications to hold a
Paramedic - Level 2 position and maintain the necessary qualification and
credentialling as required by the employer to be a Paramedic - Level 2.
This allowance
shall be regarded as part of the salary for all purposes of this Award.
(c) This clause applies to Manager Work
Levels only as defined in clause 5 of this Award. For the avoidance of doubt this clause does
not apply to, and is not to be interpreted, in any circumstances, to give rise
to an entitlement to any employee employed in any other work level.
13. Paramedic Allowances
(a) The Technical Specialist Allowance set
out in item 1 of Table 2B - Paramedic Allowances of Section 8, Monetary Rates
is to be paid to employees who have successfully completed the requirements for
and are appointed by the employer to an identified specialist position within a
specialty team as determined by the employer, including (but not limited to)
identified specialist positions in the Special Casualty Access Team (SCAT),
Special Operations Team (SOT), or an accredited Ambulance Rescue Unit.
This allowance
shall be regarded as part of the salary for all purposes of this Award.
(b) Rescue (Standby) Allowance means the allowance
paid to an employee who has completed the training required by the Service and
may be reasonably required by the employer to be rostered to an accredited
Ambulance Rescue Unit.
The allowance
as set out in Item 2 of Table 2B - Allowances of Section 8, Monetary Rates,
shall be regarded as part of the salary for all purposes of this Award.
14. Paramedic Control Centre Staff Allowances
(a) Employees appointed to Paramedic - Entry
Level, Paramedic - Level 1, Paramedic - Level 2 positions or any Manager Work
Level are to be paid the Control Centre Allowance as set out in item 2 of Table
2C - Paramedic Control Centre Staff Allowances of Section 8, Monetary Rates
when undertaking control centre functions.
This allowance
shall be regarded as part of the salary for all purposes of this Award.
(b) Employees appointed to Paramedic - Entry
Level, Paramedic - Level 1, Paramedic - Level 2 positions or any Manager Work
Level who have completed the training required by the employer and may be
reasonably required by the employer to undertake control centre functions are
to be paid the control Centre (Standby) Allowance as set out in item 1 of Table
2C - Paramedic Control Centre Staff.
This allowance
shall be regarded as part of the salary for all purposes of this Award.
15. Climatic and Isolation Allowance
(a) Subject to subclause (b) of this clause,
employees attached to ambulance stations situated upon or to the west of a line
drawn as herein specified, shall be paid the allowance specified in Item 1 of
Table 2F - Additional Allowances of
Section 8, Monetary Rates, 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.
(b) Employees attached to ambulance stations
situated upon or to the west of a line drawn as herein specified shall be paid
the allowance asset out in Item 2 of the said Table 2F - Additional Allowances
of Section 8, Monetary Rates, 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.
(c) The allowances prescribed by this clause
are not cumulative.
(d) Except for the computation of overtime the allowances prescribed by this clause shall be
regarded as part of the salary for the purposes of this Award.
16. Travelling Time and Expenses
(a) Except where subclause (c) of clause 18, Relieving
Other Members of Staff, an employee who is directed to report for duty at a
station other than that to which he or she is appointed shall travel to and
from such station in the employer’s time and the employee’s fares and
incidental expenses shall be paid by the employer, unless otherwise agreed
between the employer and the employee.
If such travel
is undertaken outside rostered hours, the employee shall be reimbursed at
ordinary rates for the time spent travelling in excess of
the normal time taken to travel between his or her home and the station to
which he or she is appointed.
(b) If an employee is rostered to a shift
requiring him or her to work at more than one station in a working week, the
employee’s fares in excess of the fares to the employee’s
appointed station shall be paid in full.
(c) Where an employee, with the prior
approval of the employer, travels by the employee’s own motor vehicle, the
employee shall be paid the same casual rate that applies to those covered by
the Crown Employees Public Service Conditions of Employment Award, as amended
or replaced from time to time (currently prescribed by the Department of
Premier and Cabinet Circular C2021-03 Meal, Travelling and Other Allowances for
2020-21) for all kilometres travelled in excess of the kilometres that the
employee would normally travel between the employee’s usual place of residence
and the ambulance station to which he or she is appointed and return to such
residence.
(d) Travel, either by public transport or own
mode of conveyance, shall in all instances be by the most direct route.
17. Travelling on Cases
(a) Where an employee is required to
transport a case which involves eight hours or more travelling, the employee
shall be paid all travelling expenses including meals and accommodation and, if
not staying overnight at the point of turn around, shall be permitted a meal
either before commencing or during the return journey.
(b) An employee directed to have a meal away
from his or her station will be paid a crib/ meal away from station allowance
in accordance with existing provisions and practice. In determining existing
practice, in regard to the following:
(i) That allowances do not apply to crib
breaks taken by Trainee Patient Transport Officers and Patient Transport
Officers.
(ii) The agreement between the parties in 1988
under the Commission’s then Structural Efficiency Principle.
(iii) That this provision does not apply to
employees in Control Centres.
(c) Where an entitlement exists in (b), the
quantum of the allowance is prescribed in Table 2F - Additional Allowances -
Allowances of Section 8, Monetary Rates.
(i) Where an employee is entitled to one crib
break per shift or an unpaid meal break the payment for any crib/meal directed
to be taken away from station will be the rate prescribed at Item 4 of Table 2F
- Additional Allowances of Section 8, Monetary Rates.
(ii) Where an employee is entitled to two crib
breaks per shift, the payment for any crib directed to be taken away from
station will be the lower rate as prescribed at Item 5 of Table 2F - Additional
Allowances of Section 8, Monetary Rates. The number of crib breaks per shift is
prescribed in clause 23, Hours of Duty.
(d) Where an employee is required to transport
a case which involves two or more hours travelling the employee shall be
entitled to a paid break of ten minutes duration each two hours.
(e) The ten-minute break prescribed by
subclause (e) of this clause is not cumulative.
(f) No single officer transports will be
allocated where it is reasonably expected that the travelling time of the round
trip will be in excess of eight hours.
18. Relieving Other Members of Staff
(a) An employee called upon to relieve
another employee paid on a higher scale shall be entitled to receive the
minimum rate of the higher scale of pay. This provision shall not apply when an
employee on a higher scale is absent from duty by reason of his or her
allocated day off duty as a consequence of working a
38-hour week in accordance with paragraph (a)(i) of
clause 24, Allocated Days Off. No reduction shall be made in the scale of pay
of an employee called upon to relieve another paid on a lower scale. Where an
employee is called upon to relieve a Superintendent/Operations Manager, he/she
shall be paid the minimum rate of the position so relieved.
(b) When an employee is required to relieve
another employee posted at another station, and by so doing is required to live
away from home, he or she shall be called a relieving employee.
(c) A relieving employee will be entitled to
a living away from home allowance as set out in Table 2E - Living Away from
Home Allowance of Section 8, Monetary Rates. The living away from home
allowance is determined as the sum of the meal expenses on one day journeys and
the incidental allowance for the location the relieving employee is posted, as
the same rate that is applicable for those covered by the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009, as amended from
time to time (currently prescribed by the Department of Premier and Cabinet
Circular C2021-03 Meal, Travelling and Other Allowances for 2020-21).
A relieving
employee who is entitled to receive the living away from home allowance is not
entitled to receive payment under subclause (a) of clause 17, Travelling on
Cases. When travelling on cases in accordance with clause 17, Travelling on
Cases, relieving employees shall be entitled to allowances under subclause (b)
or (c) of that clause where applicable.
A relieving
employee who is provided with board and lodgings at no charge will not be
entitled to receive the living away from home allowance.
(d) If accommodation at no charge is not
available to the relieving employee, accommodation costs will be met by the
employer directly with the provider. In the unusual circumstance that the
employee pays the cost of the accommodation they will be entitled to the
reimbursement of accommodation expenses as per the NSW Health Policy Directive
PD2016_010, Official Travel, as amended or replaced from time to time.
(e) If the relieving employee is required to
be on call, he or she shall be paid, in addition to the aforementioned amount,
the amount specified in clause 26, Employees On Call.
(f) The employer shall decide whether an
employee travels to or from their relief duties in rostered hours. If the
travel is to be accomplished outside rostered hours, the employee shall be
reimbursed at ordinary rates for the time spent travelling in
excess of the normal time taken to travel between his or her home and
the station to which he or she is appointed.
19. Special Events Coverage
(a) Employees will not be compelled to
provide special events coverage.
(b) Whilst there is no exhaustive list of all
the requirements for which the employer may wish to utilise "special
events coverage", the parties agree that such requirement would typically
be for special events and sporting fixtures such as public holiday celebrations,
athletic events, Mardi Gras, local shows, VIP visits, sporting events, disaster
exercises, public relations activities and local
expositions. This clause will not be used for training, including SCAT, SOT and rescue training.
(c) An employee who is scheduled to provide
special events coverage will be compensated by payment at his or her ordinary
hourly rate for the hours worked plus the appropriate penalty rates prescribed
in clause 30, Penalty Rates for Shift Work and Weekend Work, in lieu of payment
at overtime rates.
(d) Special events coverage shifts shall be
between four and 12 hours in duration with a minimum payment of two hours in
the event of cancellation on the day.
For the
purposes of assessing an employee’s eligibility for payment, each day shall
stand alone.
(e) Time worked as special events coverage
shall stand alone and shall not be regarded as time worked for the calculation
of hours of duty, annual leave, long service leave or any other provision
contained within this Award.
(f) There shall be an equitable distribution
(between employees) of special events coverage both in terms of the allocation
of work amongst those employees offering their services and in terms of
Saturday and Sunday work.
20. Non-Operational Activity
(a) Employees will not be compelled to
provide non-operational activity coverage.
(b) Whilst there is no exhaustive list of all
activities that may be regarded as "non-operational activities", the
parties agree that examples of such activities would be: attendance at
Divisional Clinical Quality Committees; Work Health and Safety Committee;
attendance for members of Service approved committees/workgroups and
representing the employer at authorised community or local Government meetings
where attendance of duty personnel is not possible.
(c) Non-operational activity does not include
attendance at training schools, compliance with Certificate to Practice (CTP)
activities/requirements nor union activities.
(d) Employees who participate in
non-operational activities will be compensated by payment at their ordinary
hourly rate for the hours worked. In addition, employees will be paid two hours
for travel time (covering travel to and from the activity). In the case of
rural employees, specific approval for the quantum of travel time will be
agreed prior to approval being finalised. Accumulation of hours worked in these
activities is not allowed. Payment for the approved activities will be made in
the next available pay period.
(e) Time worked as non-operational activity
shall stand alone and shall not be regarded as time worked for the calculation
of hours of duty, annual leave, long service leave or any other provision
contained within this Award.
21. Salary Sacrifice to Superannuation
(a) Notwithstanding the salaries prescribed
in Table 1A - Wages from 1 July 2023, Table 1B - Clinical Staff Wages from 1
January 2024 or Table 1C - Management Staff Wages of Section 8, Monetary Rates,
as varied from time to time, an employee may elect, subject to the agreement of
the employee’s employer, to sacrifice a part or all of
the salary payable under the wages clause to additional employer superannuation
contributions. Such election must be made prior to the commencement of the
period of service to which the earnings relate. The amount sacrificed together
with any salary packaging arrangements under clause 22, Salary Packaging, of
this Award may be made up to 100% of the salary payable under the wages clause,
or up to 100% 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.
(b) Any pre-tax and post-tax payroll
deductions must be taken into account prior to
determining the amount of available salary to be packaged. Such payroll
deductions may include but are not limited to superannuation payments, HECS
payments, child support payments, judgement debtor/garnishee orders, union fees
and private health fund membership fees.
(c) Where the employee has elected to
sacrifice a part or all of the available payable
salary to additional employer superannuation contributions:
(i) The employee shall be provided with a
copy of the signed agreement. The salary sacrifice agreement shall be
terminated at any time at the employee’s election and shall cease upon
termination of the employee’s services with the employer.
(ii) Subject to Australian taxation law, the
amount of salary sacrificed will reduce the salary subject to appropriate PAYE
taxation deductions by the amount sacrificed; and
(iii) Any allowance, penalty rate, overtime,
payment for unused leave entitlements, weekly workers’ compensation, or other
payment, other than any payment for leave taken in service, to which an
employee is entitled under the relevant 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 the salaries clause in the absence of any salary
sacrifice to superannuation made under this Award.
(d) The employee may elect to have the
specified amount of payable salary which is sacrificed to additional employer
superannuation contributions:
(i) paid into the superannuation scheme
established under the First State Superannuation Act 1992 as optional employer
contributions; or
(ii) subject to the employer’s agreement, paid
into a private sector complying superannuation scheme as employer
superannuation contributions.
(e) Where an employee elects to salary
sacrifice in terms of subclause (d) above, the employer will pay the sacrificed
amount into the relevant superannuation fund.
(f) Where the employee is a member of a
superannuation scheme established under:
(i) the Police Regulation (Superannuation)
Act 1906;
(ii) the Superannuation Act 1916;
(iii) the State Authorities Superannuation Act
1987;
(iv) the State Authorities Non-contributory
Superannuation Act 1987; or
(v) the First State Superannuation Act 1992.
The employee’s
employer must ensure that the amount of any additional employer superannuation
contributions specified in subclause (a) above is included in the employee’s
superannuable salary which is notified to the New South Wales public sector
superannuation trustee corporations.
(g) Where, prior to electing to sacrifice a
part or all of their salary to superannuation, an employee had entered into an
agreement with their employer to have superannuation contributions made to a
superannuation fund other than a fund established under legislation listed in
subclause (f) above, the employer will continue to base contributions to that
fund on the salary payable under clause 11, Wages, to the same extent as
applied before the employee sacrificed that amount of salary to superannuation.
This clause applies even though the superannuation contributions made by the
employer may be in excess of the superannuation
guarantee requirements after the salary sacrifice is implemented.
22. Salary Packaging
(a) By agreement with their employer,
employees may elect to package part or all of their
salary in accordance with this clause, to obtain a range of benefits as set out
in the NSW Health Policy Directive PD2018_044, Salary Packaging, as amended
from time to time. Such election must be made prior to the commencement of the
period of service to which the earnings relate. Where an employee also elects
to salary sacrifice to superannuation under this Award, the combined amount of
salary packaging/sacrificing may be up to 100% of salary.
Any salary
packaging above the fringe benefit exemption cap will attract fringe benefits
tax as described in subclause (d) below.
(b) Where an employee elects to package an
amount of salary:
(i) Subject to Australian taxation law, the
packaged amount of salary will reduce the salary subject to PAYE taxation
deductions by that packaged amount.
(ii) Any allowance, penalty rate, overtime
payment, payment for unused leave entitlements, weekly workers compensation, or
other payment other than any payment for leave taken in service, to which an
employee is entitled under this Award or statute which is expressed to be
determined by reference to an employee’s salary, shall be calculated by
reference to the salary which would have applied to the employee under this
Award in the absence of any salary packaging or salary sacrificing made under
this Award.
(iii) ‘Salary’ for the purpose of this clause,
for superannuation purposes, and for the calculation of Award entitlements,
shall mean the Award salary as specified in clause 11, Wages and which shall
include ‘approved employment benefits’ which refer to fringe benefit savings,
administration costs, and the value of packaged benefits.
(c) Any pre-tax and post-tax payroll
deductions must be taken into account prior to
determining the amount of available salary to be packaged. Such payroll
deductions may include but are not limited to superannuation payments, HECS
payments, child support payments, judgement debtor/garnishee orders, union
fees, and private health fund membership fees.
(d) The salary packaging scheme utilises a
fringe benefit taxation exemption status conferred on public hospitals and
local health districts, which provides for a fringe benefit tax exemption cap
of $17,000 per annum. The maximum amount of fringe benefits-free tax savings
that can be achieved under the scheme is where the value of benefits when
grossed-up, equal the fringe benefits exemption cap of $17,000. Where the
grossed-up value exceeds the cap, the employer is liable to pay fringe benefits
tax on the amount in excess of $17,000 but, will pass
this cost on to the employee. The employer’s share of savings, the combined
administration cost and the value of the package
benefits, are deducted from pre-tax dollars.
(e) The parties agree that the application of
the fringe benefits tax exemption status conferred on public hospitals and
local health districts is subject to prevailing Australian taxation laws.
(f) If an employee wishes to withdraw from
the salary packaging scheme, the employee may only do so in accordance with the
required period of notice as set out in the NSW Health Policy Directive
PD2018_044, Salary Packaging, as amended from time to time.
(g) Where an employee ceases to salary package,
arrangements will be made to convert the agreed package amount to salary. Any
costs associated with the conversion will be borne by the employee, and the
employer shall not be liable to make up any salary lost as a
consequence of the employee’s decision to convert to salary.
(h) Employees accepting the offer to salary
package do so voluntarily. Employees are advised to seek independent financial
advice and counselling to apprise them of the implications of salary packaging
on their individual personal financial situations.
The employer
and the employee shall comply with the procedures set out in the NSW Health
Policy Directive PD2018_044, Salary Packaging, as amended from time to time.
SECTION 4 - HOURS OF
WORK
23. Hours of Duty
(a) The ordinary hours of duty shall be:
(i) An average of 38 hours per week, to be
worked in shifts of eight hours duration on no more than 19 days per 28-day
period. Shift workers shall be free from duty for not less than two full days
in each working week or four full days in each two working weeks, unless
otherwise agreed between the parties.
(ii) Where work is performed in Control
Centres, or on a modified hours roster in Ambulance Stations by Operational
Staff, the maximum length of a shift shall not exceed 12 hours and 15 minutes.
For all other staff, the maximum length of a shift shall not exceed 12 hours.
The average of 38 hours per week to be calculated over the modified hour roster
cycle.
(b) Officers working a modified roster of 12
hours or 12 hours and 15 minutes shifts will be entitled to two
paid 30
minutes crib breaks to be taken between the fourth and seventh hour and the
eighth and eleventh
hour unless
otherwise agreed between the parties. Officers working shifts of less than 12
hours duration
shall have one
paid 30 minutes crib break to be taken between the fourth and seventh hour
unless
otherwise
agreed between the parties.
(c) Officers who, due to operational
requirements, are unable to take their paid crib break within the prescribed
times, or whose crib break is not completed, shall receive an additional
payment of one hour at ordinary time rates.
(d) Subclauses (b) and (c) do not apply to officers
in the Control Centres. Such officers will continue to work shifts and
meal/crib breaks in accordance with their modified roster provisions.
24. Allocated Days Off
(a)
(i) Employees who work on a roster other than
a modified hours roster shall have their hours arranged to include a proportion
of one hour (such proportion will be on the basis of
0.4 of one hour for each eight-hour shift worked) which shall accumulate
towards the employee’s allocated day off duty on pay.
(ii) Unless otherwise agreed between the
parties, each day worker, subject to paragraph (i) of
this subclause, shall be free from duty for not less than two full days in each
working week and at least one allocated day off in each 28-day period.
(iii) Unless otherwise agreed between the
parties, each shift worker, subject to paragraph (a)(i)
of this subclause, shall be free from duty for not less than two full days in
each week or four full days in each two working weeks and at least one
allocated day off in each 28-day period, unless otherwise agreed between the
employer and the employee.
(iv) The employee’s allocated day off duty
prescribed in paragraph (a)(i) of this subclause
shall be determined by mutual agreement between the employer and the employee,
having regard to the needs of the employer. Where practicable, such allocated
day off duty shall be consecutive with the employee’s other days off duty.
(v) Once set, the allocated day off duty may
not be changed in a current roster cycle unless there are genuine unforeseen circumstances
prevailing or by mutual agreement between the employer and the employee. Where
these circumstances exist and the allocated day off 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.
(vi) There shall be no accrual of credit towards
an allocated day off for the first four weeks of ordinary annual leave taken in
accordance with clause 32, Annual Leave. However, where an employee has
accumulated sufficient time to take his or her allocated day off duty prior to
entering on annual leave, and that day would have been taken if the employee
had not gone on annual leave, it shall be allowed to the employee on the first
working day immediately following the period of leave.
(vii) Where an employee has not accumulated
sufficient time for an allocated day off prior to entering on annual leave,
time in credit shall count towards taking the next allocated day off duty
falling in sequence after the employee’s return to duty.
(viii) An employee entitled to allocated days off
duty in accordance with subclause (a) of this clause shall continue to
accumulate credit towards his or her allocated day off duty whilst on sick
leave. Where an employee’s allocated day off duty falls during a period of sick
leave, the employee’s available sick leave shall not be debited for that day.
(ix) Where an employee’s allocated day off duty
falls due during a period of workers compensation, the employee, on returning
to duty, shall be given the next allocated day off duty in sequence,
irrespective of whether sufficient credit has been accumulated or not.
(x) Where a day worker’s allocated day off
falls on a public holiday as prescribed by clause 31, Public Holidays, the
employee shall be given the option of taking the next working day off as
rostered or substituting another day in lieu thereof by mutual agreement with
the employer.
(xi) Where a shift worker’s allocated day off
falls on a special or additional public holiday, he or she shall be paid an
additional day or half-day’s pay, as the case may be, at
ordinary rates.
25. Roster of Hours
(a) The ordinary hours of duty prescribed by clause
23, Hours of Duty, shall be worked according to rosters which shall be
exhibited at least seven calendar days before the commencement date of the
roster and shall show the hours of duty for the agreed roster period or 28 days
whichever is the greater. Casual employees are not subject to this clause.
(b) In exceptional circumstances, arising
from additional work demands or unplanned absences of other employees, the
roster may be changed with seven days’ notice. In so doing, due regard will be had to the family and carers commitments of employees
affected.
(c) Work will be performed by the most
efficient means. To achieve this, the employer will deploy skills based on
operational needs and case priority. This will include the deployment of
officers to meet operational needs. Efficient deployment may require an officer
to report for duty at another work location within the shift or roster.
Deployment to another station within the roster will only occur within
reasonable travelling distance (having regard to the circumstances of each
case).
(d) The parties agree that there will be no
forced transfers as a result of the implementation of
subclause (c) of this clause.
(e)
(i) There shall be a minimum break of 10
hours between shifts, except in case of an emergency or agreement between the
employer and the employee.
(ii) However, an employee who works so much
overtime after the completion of their shift on any day that results in less
than eight consecutive hours off duty before the commencement of their next
shift will be released after the completion of such overtime until they have
had eight consecutive hours off duty, with no loss of pay for ordinary working
time occurring due to such absences.
(f) Subject to compliance with subclause (a)
and (b) of this clause, the roster of an employee may only be altered by mutual
agreement between the parties.
(g) Employees may arrange for shift changes
with the following provisos:
(i) Where the employer’s prior consent is
given to swap a shift, the employee working the shift shall record the working
of that shift on his or her time sheet with payment made accordingly.
(ii) Shift swaps should only occur on the basis
that each employee maintains an average of 38 hours per week.
(iii) Where a shift is to be paid back it shall
be done in the current agreed roster period or, where this is not practical,
within the following agreed roster period, or in a future roster period
approved by the employer.
(h)
(i) A day off duty for employees working a
roster other than a modified hours roster shall be 24 hours plus a minimum six
hours between the shifts.
(ii) A day off duty for employees working a
modified hours roster shall be 24 hours.
(iii) Where an employee’s normal rostered day off
is cancelled by the employer, he or she shall be paid at overtime rates unless
otherwise agreed between the parties.
(i) Where an employee is rostered to an
allocated day off, that day off is to be shown on the roster.
(j) The rosters of shift workers shall
provide for an equitable distribution of Saturday and Sunday work between
employees working the same roster.
(k) The parties agree that changes to rosters
that will significantly affect employees and/or that where a new branch station
is opened there will be genuine consultation between the parties.
(l) The employer will apply rostering
practices intended to avoid single paramedic responses to the extent
practicable. To that end it will apply the Work Instruction titled Clinical
Operations - Dual Paramedic Crewing dated 12 June 2020, or as amended or
replaced by the employer from time to time following
consultation.
26. Employees On Call
(a)
(i) Time on call means time during which an
employee who is rostered off duty is required to hold himself or herself in
readiness to answer a call. In any one day where an employee answers telephone
calls when not on call, he or she is to be paid for one hour at ordinary rates
of pay.
(ii) The provisions for employees recalled to
work are contained in this clause. A recall under this clause shall not be
treated as overtime for any other purpose and shall not be treated as time
worked for the purposes of clause 25, Roster of Hours.
(iii) Whilst no provision is made as to freedom
from on call, it is the intention of the parties that employees should be free
from call, as far as practicable, on at least 14 days in each roster cycle of
28 days. However, if required by the employer, and with the agreement of the
employee, an employee can be on call in excess of 14
days in each roster cycle of 28 days. In such circumstance, the employee shall
receive the daily on call allowance for each such additional episode.
(iv) The parties will review any situation where
an employee is required to be consistently on call in excess
of 14 days in each 28-day cycle.
(v) A period of on call is to be regarded as
commencing at the completion of duty on one rostered shift to the commencement
of duty on the next rostered shift.
(vi) Employees shall not be required to be on
call during any part of a rostered day off duty, i.e.
from the end of the shift before the rostered period off duty and the
commencement of the shift after the rostered period off duty.
(b)
(i) Time on call shall not be counted as time
worked unless an employee is called to duty, in which case the employee shall
be paid for a minimum of four hours at overtime rates for each time he or she
is recalled; provided that where a second or subsequent call is received by an
employee whilst he or she is still performing duties associated with the first
call, he or she shall attend the second or subsequent call without additional
payment, unless the total time exceeds four hours, in which case payment shall
be made for the actual time worked at overtime rates.
(ii) Where an employee is on-call and is
recalled to duty and such recall merges with the employee’s normal commencing
time, such work shall attract overtime for the actual time worked and not a
call out.
(iii) A call out shall be deemed to commence at
the time the employee is tasked by the Control Centre and shall be deemed to be
complete when all duties associated with the case/s are complete.
(c) Where an employee who is on call is
called out for duty which in total involves four hours or more actual work
within eight hours of the scheduled commencement of their next rostered shift,
he or she shall be entitled to exercise the Rest Options provision of the
employer’s Fatigue Management Standard Operating Policy.
(d) An employee who is not on call shall only
be recalled to duty with the employee’s agreement.
Such a recall
is subject to the same provisions as recalls performed when an employee is on
call.
(e) The provision of paragraph (b)(i) of this clause shall not apply to employees attached to
One-Officer Branch Stations or to employees supplied with quarters as set out
in subclause (b) of clause 43, Accommodation, who are recalled to duty but not
required to leave the station, in which case, the employee shall be paid for
the actual period or periods of duty in any one day a minimum of two hours at
overtime rates.
(f)
(i) The weekly on-call allowance as set out
in Item 2 of Table 2D - On Call Allowances of Section 8, Monetary Rates, shall
apply in the following circumstances:
(1) Employees required by the employer to be
on call on a roster other than a modified hours
roster;
(2) Employees employed on or before 31 July
1988 who are required by the employer to be on call; or
(3) Employees who are required by the
employer to be on call as part of a modified hours roster where the weekly on
call allowance applies by agreement between the parties.
(ii) The daily on-call allowance as set out in
Item 1 of Table 2D - On Call Allowances of Section 8, Monetary Rates, shall
apply in all other circumstances where an employee is required by the employer
to be on call.
(iii) The provisions of paragraphs (i) and (ii) of this subclause (f) shall not apply to resident
employees in One-Officer Branch Stations, as defined in subclause (a) of clause
43, Accommodation.
(iv) Payment of the on-call allowance shall not
apply during periods of Annual Leave or Long Service Leave.
(g) If an employee who is rostered on call is
required to respond to a call, he or she shall be reimbursed actual fares or
expenses incurred in travelling to and from work, unless a service vehicle is
provided for this purpose.
(h) If an employee rostered on call is
required to use his or her own motor vehicle, then he or she shall be paid the
specified journey rate as prescribed by clause 5.1.3 of the NSW Health Policy
Directive PD2016_010, Official Travel as amended from time to time, for all
kilometres travelled.
27. Overtime
(a) Subject to clause 26, Employees On Call, all time worked in excess of the rostered hours on
any one day shall be paid for at the rate of time and one-half for the first
two hours and thereafter at the rate of double time, provided that overtime
worked on a Public Holiday shall be paid for at the rate of double time and
one-half.
(b) Overtime shall be computed on the wages
prescribed by Table 1A - Wages from 1 July 2023, Table 1B - Clinical Staff
Wages from 1 January 2024 or Table 1C - Management Staff Wages in Section 8
Monetary Rates, and the allowance prescribed by clause 26, Employees On Call, as compensation for time on-call shall be
disregarded.
(c) Employees shall, when required, work
reasonable levels of overtime to meet the needs of the employer.
(d) Should an employee be required to work
overtime for more than two hours before his or her normal commencing time, or
after his or her normal ceasing time, he or she shall be paid the overtime meal
allowance as set out in Item 6 of Table 2F - Additional Allowances of Section
8, Monetary Rates, and shall be paid such allowance after every subsequent four
hours of overtime worked.
(e) Where an employee is required to work a
complete overtime shift, he or she shall be given the appropriate meal break
for that shift. However, the meal penalty provision of subclause (d) of clause
23, Hours of Duty, shall not apply.
(f) For the purposes of assessing overtime,
each day shall stand alone, provided however 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.
28. Reasonable Hours
(a) Subject to subclause (b) an employer may
require an employee to work reasonable overtime at overtime rates.
(b) An employee may refuse to work overtime
in circumstances where the working of such overtime would result in the
employee working hours which are unreasonable.
(c) For the purposes of subclause (b) what is
reasonable or otherwise will be determined having regard to:
(i) Any risk to employee health and safety;
(ii) The employee’s personal circumstances
including any family and carer responsibilities;
(iii) The needs of the workplace or enterprise;
(iv) The notice (if any) given by the employer
of the overtime and by the employee of his or her intention to refuse it; and
(v) Any other relevant matter.
29. Time Off in Lieu of Overtime
(a) The parties agree that an employee who is
required to work overtime outside normal rostered hours may be compensated by
way of time off in lieu of payment for the overtime.
(b) This clause is subject to the following:
(i) Time off in lieu of overtime shall be in
amounts equal to the period of overtime worked;
(ii) Time off in lieu of overtime must be taken
within three months of the overtime being worked;
(iii) Where it is not possible for an employee to
take time off in lieu of overtime within the three-month period, it is to be
paid out at the appropriate overtime rate based on the rate of pay applying at
the time payment is made;
(iv) The option of taking time off in lieu of
overtime is subject to the active agreement the employer, so that it is
conceivable that employees in one unit or location may be permitted to take
time off in lieu of overtime but employees working in other locations and
settings may not.
(v) Employees cannot be compelled to take time
off in lieu of overtime;
(vi) Records of time off in lieu of overtime
owing to employees and taken by employees must be maintained by the employer ;
(vii) Time off in lieu of overtime shall be taken
at a time which is mutually agreed to by the employer and the employee;
(viii) No more than 38 hours of time off in lieu of
overtime can be accumulated by an employee.
(ix) In making overtime available to employees
the employer will not discriminate between those employees who elect to take
time off in lieu of overtime in preference to those employees who elect to be
paid for overtime in accordance with clause 26, Employees On
Call and/or clause 27, Overtime.
30. Penalty Rates for Shift Work and Weekend Work
(a) Employees working afternoon or night
shifts shall be paid the following percentage in addition to the ordinary rate
for such shift:
(i) Afternoon shift commencing at or after
10.00 a.m. and before 1.00 p.m. - 10%.
(ii) Afternoon shift commencing at or after
1.00 p.m. and before 4.00 p.m. - 12.5%.
(iii) Night shift commencing at or after 4.00
p.m. and before 4.00 a.m. - 15%.
(iv) Night shift commencing at or after 4.00
a.m. and before 6.00 a.m. - 10%.
(v) The additional payments prescribed under
this subclause shall not form part of the employee's ordinary pay for the purpose
of this Award.
(b) Employees whose ordinary working hours
include work on a Saturday and/or Sunday shall be paid for ordinary working
hours worked between midnight 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 subclause (a) of this clause.
(c) Employees who work overtime on Saturdays
and Sundays shall be paid time and one half for the first two hours then at
double time at the appropriate rate prescribed herein.
(d) The provisions of this clause shall not
apply to work performed on a public holiday or special public holiday.
31. Public Holidays
(a) For the purpose of this clause, the
following shall be public holidays, viz: New Year's Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Local
Labour Day, Christmas Day and Boxing Day and any other standard public holiday
declared under section 4 of part 2 of the Public Holidays Act 2010.
(b)
(i) An employee to whom paragraph (a)(i) and (a)(ii) of clause 32, Annual Leave, applies and who
is required to and does work on a public holiday or a
special public holiday shall be paid for the time actually worked on such
holiday at the rate of double time and a half.
(ii) An employee to whom paragraph (a)(iii) and
(a)(iv) of clause 32, Annual Leave, applies and who is required to and does
work on a public holiday shall be paid in addition to the appropriate ordinary
weekly rate of pay prescribed in Table 1A - Wages from 1 July 2023, Table 1B -
Clinical Staff Wages from 1 January 2024 or Table 1C - Management Staff Wages
of Section 8, Monetary Rates, at the rate of one half time extra for the
rostered time actually worked on such public holiday.
(iii) For the purpose of paragraph (b)(i) and (b)(ii) of this clause, the hourly rate of pay shall
be one thirty-eighth of the appropriate ordinary weekly rate of pay prescribed
in Table 1A - Wages from 1 July 2023, Table 1B - Clinical Staff Wages from 1
January 2024 or Table 1C - Management Staff Wages of Section 8, Monetary Rates.
(c) Special holidays proclaimed for any city
or town are to be granted or equivalent payment made in lieu thereof to
employees, either day workers or shift workers, employed in stations located in
such city or town. Equivalent payment means double time and one-half.
Where a shift
worker’s rostered day off falls due on such day, he or she shall be paid, in
addition to his appropriate weekly rate of pay, an extra day or half days pay
at ordinary rates, whichever is applicable.
(d) In addition to those public holidays
specified in subclause (a) of this clause, employees shall be entitled to an
extra public holiday each year. Such public holiday will occur on a date
determined by the employer to be taken
in the Christmas New Year period, or other suitable period as agreed
between the employer and the Union and shall be regarded for all
purposes of this clause as any other public holiday.
Where a shift
worker’s rostered day off or annual leave falls due on such a day, he or she
shall be paid, in addition to his or her appropriate weekly rate of pay, an
extra day’s pay at ordinary rates.
The foregoing
will not apply in areas where, in each year, a day, in addition to the ten
named public holidays specified in subclause (a) is proclaimed and observed as
a public holiday and will not apply in areas where, in each year, at least two
half days, in addition to the 10 named public holidays specified in subclause
(a) are proclaimed and observed as half public holidays.
Provided further,
that in areas where, in each year, only one half day,
in addition to the ten named public holidays specified in subclause (a) is
proclaimed and observed as a half public holiday for the purposes of this
Award, the whole day will be regarded as a public holiday and no additional
public holiday will be observed which would otherwise apply as a result of this
subclause.
SECTION 5 - LEAVE
ENTITLEMENTS
32. Annual Leave
(a) Annual Leave shall be granted on
completion of each 12 months service as follows:
(i) Day Worker (as defined in clause 4,
Definitions) - four weeks leave on full pay.
(ii) Shift Worker (as defined in clause 4, Definitions)
but who is not required to work public holidays - five weeks leave on full pay.
(iii) Shift Worker (as defined in clause 4,
Definitions) who has not been required to successfully complete the
requirements for appointment to a Paramedic position - five weeks leave with
seven weeks pay.
(iv) Shift Worker (as defined in clause 4,
Definitions) who has or is required to successfully complete the requirements
for appointment to a Paramedic position - six weeks leave with eight weeks pay.
(The leave entitlement in this subclause commenced accrual on 4 February 2002).
(b) In the event that an employee’s
employment has changed from a seven day per week basis to a Monday to Friday
basis or vice versa, then annual leave shall be calculated on a pro rata basis.
(c) It is admitted by the parties that two
weeks’ pay has been provided to those employees to whom paragraph (a)(iii) and
(a)(iv) of this clause applies in lieu of and in consideration of public
holidays being worked by such employees or which have occurred on a rostered
day off.
(d) To the leave prescribed by paragraph (a)(i) of this clause, there shall be added one working day for
each public holiday or special public holiday or one-half working day for each
half public holiday or special half public holiday which occurs during a period
of annual leave.
(e)
(i) Once an employee becomes entitled to
annual leave (i.e. after the initial 12 months period
of employment has occurred) annual leave will be taken biannually in two
separate periods of three weeks duration. Provided that the giving and taking
of such leave may be postponed by mutual agreement between the parties for a
further period not exceeding six months. Providing further that, with the
agreement of the employer , an employee
may take their annual leave in one period of six weeks duration.
(ii) Annual leave shall be granted on a
rotating roster basis, provided that such rotation complies with paragraph (e)(i) of this clause.
(iii) Nothing in this subclause shall prevent the
employer, by agreement with the employee, from allowing annual leave to an
employee before the right thereto has accrued, but where leave is taken in such
a case a further period of annual leave shall not commence to accrue until the
expiration of the twelve months in respect of which annual leave was taken
before it accrued. Provided that any leave taken by an employee under this
subclause shall not exceed the amount of proportionate annual leave standing to
the credit of the employee at the time of entering upon such leave.
(iv) At least six months’ notice shall be given
to employees of the date on which they shall take their annual leave. Where an
employee has been notified that he or she is to take his or her normal leave at
a specified time and that time is thereafter altered by the employer, the
employee shall be reimbursed any actual losses which result to him or her to
the extent to which deposits paid for travel and/or accommodation are not
refunded.
(v) Employees may exchange/split annual leave
by mutual arrangements with the approval of NSW Ambulance, provided that such
exchange complies with paragraph (e)(i) of this
clause.
(f) Each employee before going on annual
leave shall be paid for the period of the leave at the ordinary rate of wage to
which he or she is entitled under this Award and such payment shall be made
before the employee commences annual leave.
(g) Notwithstanding the provisions of
subclause (f) of this clause, the employer agrees, subject to at least 28 days
prior written authorisation by the employee, to pay the employee’s annual leave
entitlements on a fortnightly basis which coincides with the normal fortnightly
pay period.
(h) Where the employment of an employee is terminated
the employee shall be entitled to receive a proportionate payment in respect of
service of less than one year, at the weekly wage to which such employee is
entitled under this Award.
(i) Credit of time towards an allocated day
off duty as prescribed in clause 24, Allocated Days Off, shall not accrue when
an employee is absent during their four weeks annual leave as provided for
under the terms of the Annual Holidays Act 1944. However, employees
entitled to allocated days off duty in accordance with clause 24, Allocated
Days Off, shall accrue credit towards an allocated day off duty in respect to
any additional periods of annual leave which is granted to employees in excess of the abovementioned four weeks.
33. Annual Leave Loading
(a) Employees who, under the Annual
Holidays Act 1944, become entitled to annual leave under this clause shall
be paid in respect of such leave an annual leave loading of 17.5% of the
appropriate ordinary weekly rate of pay prescribed by clause 11, Wages, for the
classification in which the employee was employed immediately before commencing
his or her annual leave. The 17.5% annual leave loading will apply only to the
payments associated with actual periods of annual leave as per subclause (a) of
clause 32, Annual Leave, and provided further that in no instance is the
calculated amount to exceed 17.5 percent of four weeks ordinary salary for
maximum Clerk Grade 12 Public Servant as provided by the Crown Employees
(Public Sector - Salaries 2022) Award, as varied or replaced from time to time.
(b) Such loading is payable in addition to
the pay for the period of leave given and taken and due to the employee under
this Award.
(c) 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 the day upon which he would have
become entitled under this clause to such annual leave, the loading then
becomes payable in respect of the period of such leave and is to be calculated in
accordance with the rate of wages applicable on such day.
(d) Where the employment of an employee is
terminated by the employer for a cause
other than misconduct and at the time of termination the employee has not been
given and has not taken the whole of the annual leave to which he or is
entitled, he or she shall be paid the loading provided for in subclause (a) of
this clause for the period not taken.
(e) Except as provided by subclause (d) of
this clause, no loading is payable on the termination of an employee’s
employment.
(f) Where a shift worker is given and takes
annual leave, he or she shall be paid the loading set out in subclause (a) of
this clause; provided that if the amount to which the employee would have been
entitled by way of shift work allowances and weekend penalty rates for the
ordinary time (not including time on a public or special public holiday) which
the employee would have worked during the period of leave exceeds the loading
calculated in accordance with subclause (a) of this clause, then that amount
shall be paid to the employee in lieu of the loading.
(g) The annual leave loading or the shift
penalties, whichever is appropriate, shall be paid before the employee
commences annual leave.
(h) Notwithstanding the provisions of subclause
(g) of this clause, the employer agrees, subject to at least 28 days prior
written authorisation by the employee, to pay the employee’s annual leave
loading or shift penalties on a fortnightly basis which coincides with the
normal fortnightly pay period.
34. Family and Community Services Leave and
Personal/Carer’s Leave
(a) Employees shall be granted family and
community services leave and personal/carer’s leave in accordance with the
provisions of the NSW Health Policy Directive PD2023_045, Leave Matters for the
NSW Health Service, as amended or replaced from time to time.
35. Leave for Matters Arising from Domestic and
Family Violence
(a) Definitions
(i) Domestic and family violence includes any
behaviour, in an intimate, family or domestic
relationship, which is violent, threatening, coercive or controlling, and which
causes a person to live in fear. It is usually manifested as part of a pattern
behaviour.
(1) An intimate relationship includes people
who are or have been in an intimate partnership whether that relationship
involves or has involved a sexual relationship or not, for example, married,
engaged to be married, separated, divorced, de facto partners, couple promised
to each other under cultural or religious tradition, or who are dating.
(2) A family relationship has a broader
definition and includes people who are related to another through blood,
marriage or de facto partnerships, adoption and fostering relationships,
sibling, and extended family relationships. It includes the full range of
kinship ties in Aboriginal and Torres Strait Islander communities, and extended
family relationships. People living in the same house may also be in a domestic
relationship if their relationships exhibit dynamics which may foster coercive
and abusive behaviours.
(3) Domestic and family violence behaviours
can include, but are not limited to:
- physical and
sexual violence
- verbal abuse
and threats
- emotional or
psychological abuse
- financial
abuse
- social and
geographical isolation
- stalking and
intimidation
- technology
facilitated abuse
- threats or
actual harm to others, pets and/or property or
- threats to
be violent in the above ways
(b) Leave for Matters arising from Domestic
and Family Violence
(i) The definition of domestic and family
violence is in subclause (a) of this clause.
(ii) Employees, including casual employees, are
entitled to 20 days of paid domestic and family violence leave in each calendar
year. This leave is not cumulative.
(iii) Paid domestic and family violence leave is
not pro-rata for part-time or casual employees.
(iv) Employees can take paid domestic and family
violence leave in part-days, single days, or consecutive days. There is not a
minimum number of hours that an employee must take in a day.
(v) Employees experiencing domestic and family
violence may take domestic and family violence leave including for the
following purposes:
(1) seeking safe accommodation or
establishing safety;
(2) attending medical, legal, police or
counselling appointments relating to their experience of domestic and family violence;
(3) attending court and other legal proceedings
relating to their experience of domestic and family violence;
(4) organising alternative care or education
arrangements for their children or person(s) in their care;
(5) other activities that will help them to
establish safety and recover from their experience of domestic and family
violence; or
(6) any other purpose associated with the
impact of experiencing domestic and family violence which is impractical to do
outside of their normal hours of work.
(vi) Domestic and family violence leave does not
need to be approved before it can be accessed. However, employees should advise
the employer of the need to take domestic and family violence leave as soon as
possible.
(vii) The leave entitlement can be accessed
without the need to exhaust other available leave entitlements first.
(vii) The employer will only require evidence of
the occurrence of domestic and family violence in exceptional circumstances and
will use its discretion when assessing whether evidence is needed, and if so,
what type of evidence.
(ix) Evidence of the occurrence of domestic and
family violence may include:
(1) a document issued by the police, a court,
a domestic violence support service or a member of the legal profession;
(2) a provisional, interim or final
Apprehended Violence Order (AVO), Apprehended Domestic Violence Order (ADVO),
certificate of conviction or family law injunction;
(3) a medical certificate;
(4) a statutory declaration by the employee
experiencing domestic and family violence; or
(5) any other evidence that would satisfy a
reasonable person that domestic and family violence has occurred.
(x) Evidence provided by an employee should be
sighted and must be returned to the employee. The evidence must not be retained
by the employer or stored on the employee’s personnel file.
(xi) The intent of paid domestic and family
violence leave is to provide employees with the same remuneration as they would
have received, inclusive of penalties that would have applied, if they did not
take the leave. Accordingly:
(1) Full-time and part-time employees are
entitled to be paid at their full rate of pay for the hours they would have
worked had they not taken the leave.
(2) Casual employees will be paid at their
full rate of pay for the hours they were rostered for and would have worked had
they not taken the leave. For the purposes of this clause, "Rostered"
means the employer has offered specific hours of work and the casual employee
has accepted that offer.
(xii) The employer must keep personal information
about domestic and family violence (including information about support
provided by the employer) confidential. This includes not recording instances
of or information about domestic and family violence leave on:
(1) payslips;
(2) the employee’s personnel file; or
(3) rosters.
(xiii) Any information regarding an employee’s
experience of domestic or family violence, including any domestic and family
violence leave or supports provided (under this clause or otherwise), can only
be accessed by senior HR personnel or, with the employee’s consent, a relevant
senior manager.
(xiv) The employer must not take adverse action
against an employee because they:
(1) have experienced, or are experiencing,
domestic and family violence;
(2) use the paid domestic and family violence
leave provisions; or
(3) are a casual employee who declines to
take a shift they are not rostered for because they are attending to a matter
connected with domestic and family violence at that time.
(xv) The employer will provide support to an
employee experiencing domestic and family violence, including but not limited
to the provision of flexible working arrangements, including changing working
times, work locations, telephone numbers and email addresses.
(c) Leave for employees providing support to
people experiencing domestic and family violence
(i) Employees providing care and support to a
member of their family or household experiencing domestic and family violence
may access existing leave entitlements if the criteria for taking that leave
are otherwise met.
(ii) Any evidence required to be provided by an
employee to support a claim to access leave in accordance with this subclause
should be sighted and must be returned to the employee. The evidence must not
be retained by the employer or stored on the employee’s personnel file.
36. Maternity, Adoption and Parental Leave
This clause is to
be read in conjunction with the Maternity, Adoption and Parental Leave
provisions of the NSW Health Policy Directive PD2022_006, Leave Matters for the
NSW Health Service, as amended or replaced from time to time.
A. Maternity Leave
(a) Eligibility for Paid Maternity Leave
(i) Full-time employees
Female
employees who prior to the expected date of birth, have completed at least
forty (40) weeks continuous service (of not less than 31.25 hours per week) are
eligible for paid maternity leave.
(ii) Permanent part-time employees
Permanent
part-time employees are employees engaged on a permanent part-time basis as defined
by their Award. Female employees employed on this basis are entitled to
pro-rata paid maternity leave after forty (40) weeks continuous service.
(iii) An employee who has once met conditions for
paid maternity leave will not be required to again work the forty (40) weeks
continuous service in order to qualify for a further
period of paid maternity leave, unless:
(1) there has been a break in service where
the employee has been re-employed or re-appointed after 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 forty (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 workers compensation legislation.
(b) Entitlements to Paid Maternity Leave
(i) Eligible employees are entitled to
fourteen (14) weeks at the ordinary rate of pay from the date maternity leave
commences. This leave may commence up to fourteen (14) weeks prior to the
expected date of birth.
(ii) Paid maternity leave may be paid: on a normal fortnightly basis; or in advance in a lump
sum; or at the rate of half pay over a period of twenty-eight (28) weeks on a
regular fortnightly basis.
Annual and/or
long service leave credits can be combined with periods of maternity leave on
half pay to enable an employee to remain on full pay for that period.
(ii) Should an employee return to duty during
the period of paid maternity leave, such paid leave ceases from the date duties
are resumed.
(c) Entitlements to Unpaid Maternity Leave
(i) An employee entitled to paid maternity
leave is entitled to a further period of unpaid maternity leave of not more
than twelve (12) months from the actual date of birth. The leave therefore does
not extend beyond the child’s first birthday.
(ii) Full-time or permanent part-time female
employees who are not eligible for paid maternity leave are entitled to unpaid
maternity leave of not more than 12 months.
(d) Applications for Maternity Leave
(i) An employee who intends to proceed on maternity
leave should formally notify their Operations Manager/Control Centre Manager
(in writing) of such intention as early as possible however, not less than
eight (8) weeks prior to the commencement of leave. This notice must include a
statement of:
(1) The intention to proceed on maternity
leave.
(2) The expected date of birth certified by a
medical practitioner.
(3) The period of leave to be taken.
(4) The date on which maternity leave is to
commence.
(5) A Statutory Declaration stating any period
of parental leave sought or taken by the employee’s spouse. This declaration
must also state that the applicant is the child’s primary caregiver for the
period of leave sought.
(6) The entitlement to maternity leave is
reduced by any period of parental leave taken by the employee’s spouse. Apart
from parental leave of one (1) week at the time of birth, maternity leave is
not to be taken concurrently with parental leave except as otherwise provided
at paragraph (a)(i) of Part D of this clause.
(e) Applications for Further Maternity Leave
(i) Where an employee becomes pregnant whilst
on maternity leave a further period of maternity leave shall be granted. If an
employee enters on the second period of maternity leave during the currency of
the initial period of maternity leave, then any residual maternity leave from
the initial entitlement ceases.
(ii) An employee who commences a subsequent
period of maternity leave while on unpaid maternity leave under paragraph (c)(i) of Part A of this clause or paragraph (a)(ii) of Part D
of this clause is entitled to be paid at their normal rate (i.e.
the rate at which they were paid before proceeding on maternity leave).
(iii) An employee who commences a subsequent
period of maternity leave during the first 12 months of a return to duty on a
part-time basis as provided under paragraph (a)(iii) of Part D of this clause
is entitled to be paid at their substantive fulltime rate for the subsequent
period of maternity leave.
(iv) An employee who commences a subsequent period
of maternity leave more than 12 months after returning to duty on a part-time
basis under paragraph (a)(iii) of Part D of this clause, will be entitled to
paid maternity leave for the subsequent period of maternity leave at their
part-time rate.
(f) Variations of Maternity Leave
After
commencing maternity leave, an employee may vary the period of her maternity
leave -
(i) once without the consent of the employer,
but with a minimum of fourteen (14) days’ notice in writing; and
(ii) otherwise with the consent of the employer
, with a minimum of fourteen (14) days’ notice in writing.
However, more
advanced notice is encouraged, especially for uniformed staff because of roster
arrangements.
(g) Staffing Provisions
In accordance
with obligations established by the Industrial Relations Act 1996 (section 69)
any person who occupies the position of an employee on maternity leave must be
informed that the employee has the right to return to her former position.
Additionally, since an employee has the right to vary the period of her
maternity leave; offers of temporary employment should be in writing, stating clearly the temporary nature of the contract of
employment. The duration of employment should be also set down clearly; to a
fixed date or until the employee elects to return to duty, whichever occurs
first.
(h) Effect of Maternity Leave on Accrual of
Leave, Increments, etc.
(i) Unpaid maternity leave does not count as
service for the purposes of accruing sick leave (unless the period of unpaid
leave is less than one month, although it is unlikely that unpaid maternity
leave would be for such a lesser period), annual leave (unless the period of
unpaid maternity leave is less than 28 calendar days) or long service leave
(unless the employee has completed 10 years’ service and the period of unpaid
maternity leave is less than six months).
(ii) Unpaid maternity leave is not to be
counted as service for determining incremental progression. Periods of
maternity leave at full pay and at half pay are to be regarded as service for
incremental progression on a pro-rata basis. Notwithstanding the foregoing,
increments based on age must be paid on attainment of the appropriate age.
(iii) During a period of unpaid maternity leave
the employee will not be required to meet the employer’s superannuation
liability. The employee will, however, be required to make any necessary
arrangements for their own contributions.
(iv) When the employee has resumed duties, any
period of full pay leave is counted in full for the accrual of annual leave and
any period of maternity leave on half pay is taken into
account to the extent of one half thereof when determining the accrual
of annual leave.
(v) Except in the case of employees who have
completed ten (10) years’ service the period of maternity leave without pay
does not count as service for long service leave purposes. Where the employee
has completed ten (10) years’ service, the period of maternity leave without
pay shall count as service provided such leave does not exceed six (6) months.
(vi) Where public holidays occur during the
period of paid maternity leave, payment is at the rate of maternity leave
received, i.e. public holidays occurring in a period
of full pay maternity leave are paid at full rate and those occurring during a
period of half pay leave are paid at half rate.
(i) Illness Associated with Pregnancy
(i) 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 any sick leave without pay.
(ii) Where an employee is entitled to paid maternity
leave but, because of illness or injury, is on workers’ compensation, sick,
annual, long service leave, or sick leave without pay prior to the birth, such
leave will cease nine (9) weeks prior to the expected date of birth. The
employee will then commence on maternity leave with the normal provisions
applying.
(j) Effect of Premature Birth on Payment of
Maternity Leave
An employee
who gives birth prematurely prior to proceeding on maternity leave, shall be
treated as being on maternity leave from the date she enters on leave to give
birth to the child.
(k) Stillbirth
In the case of
a stillbirth, (as classified by the Registry of Births, Deaths
and Marriages) an employee may elect to take sick leave or maternity leave,
subject to production of a medical certificate. She may resume duty at any time
provided she produces a doctor's certificate as to her fitness.
(l) Miscarriage
In the event
of a miscarriage, any absence from work is to be covered by the current sick
leave provisions.
(m) Fitness to Continue Working During
Pregnancy and Alternative Work
(i) Whilst an employee may commence maternity
leave up to fourteen (14) weeks, prior to the expected date of birth, this is
not compulsory. However, if an employee decides to continue working prior to
taking maternity leave, she must be able to satisfactorily perform her normal
duties.
(ii) Where, because of an illness or risk
associated with her pregnancy, an employee cannot carry out the duties of her
position, an employer is obligated, as far as practicable, to provide
alternative employment in some other position that she is able to
satisfactorily to perform, until maternity leave commences. 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.
(iii) Pregnant Paramedics/Control Centre Officers
and Patient Transport Officers may take up their entitlement to alternative
duties at any time during their pregnancy if their medical condition determines
they are unable to carry out normal duties.
(n) Medical Certificate Requirement
In the case of
Paramedics/Control Centre Officers and Patient Transport Officers a medical
certificate must be provided at 24 weeks gestation to their supervisor,
confirming fitness and ability to continue working in normal duties.
(o) Right to Return to Previous Position
(i) An employee who returns to work after
maternity leave has a right to return to her former position.
(ii) 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 to which the employee is capable and/or
qualified.
(p) Portability of Service for Paid Maternity
Leave
When
determining an employee’s eligibility for paid maternity leave, continuous
service with an organisation that is part of the government sector as defined
in the Government Sector Employment Act 2013 will be recognised,
provided that:
(i) service was on a full-time or permanent
part-time (as specified) basis.
(ii) cessation of service with the former
employer was not by reason of dismissal on any ground, except retrenchment or
reduction of work.
(iii) the employee commences duty with the new
employer on the next working day after ceasing employment with the former
employer. (There may be a break in service of up to two months before
commencing duty with the new employer, provided that the new position was
secured before ceasing duty with the former employer. However, such a break in
service will not be counted as service for the purpose of calculating any prior
service prerequisite for paid maternity leave.)
Portability of
service for paid maternity leave involves the recognition of service in government
sector agencies for the purpose of determining an employee’s eligibility to
receive paid maternity leave. For example, where an employee moves between a
Public Service Department and a public hospital, previous continuous service
will be counted towards the service prerequisite for paid maternity leave.
B. Adoption Leave
(a) Eligibility for Adoption Leave
(i) All full-time and permanent part-time
employees who are adopting a child and are to be the primary care giver of the
child are entitled to unpaid adoption leave.
(ii) Employees who are adopting a child and are
to be the primary care giver of the child are entitled to paid adoption leave
as follows:
Full-time
employees
Employees who,
prior to the date of taking custody of the child, have completed 40 weeks
continuous service (of not less than 31.25 hours per week) are eligible for
paid adoption leave.
Permanent
part-time employees
Permanent part-time
employees are employees engaged in a permanent part-time basis as defined by
their Award. These employees are entitled to pro-rata paid adoption leave after
forty (40) weeks continuous service.
(iii) An employee who has once met conditions for
paid adoption leave will not be required to again work the forty (40) weeks
continuous service in order to qualify for a further
period of paid adoption leave, unless:
(1) there has been a break in service where
the employee has been re-employed or re-appointed after 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 forty (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 workers’ compensation legislation.
(b) Entitlements
(i) Paid Adoption Leave
Eligible
employees are entitled to fourteen (14) weeks at the ordinary rate of pay. This
leave may commence from the date of taking custody of the child.
Paid adoption
leave may be paid:
(1) on a normal fortnightly basis; or in
advance in a lump sum; or
(2) at the rate of half pay over a period of
twenty-eight (28) weeks on a regular fortnightly basis.
Annual and/or
long service leave credits can be combined with periods of adoption leave at
half pay to enable an employee to remain on full pay for that period.
(ii) Unpaid Adoption Leave
Eligible
employees are entitled to unpaid adoption leave as follows:
(1) where the child is under the age of 12
months - a period of not more than 12 months from the date of taking custody;
(2) where the child is over the age of 12 months
and under 18 years old - a period of up to 12 months, such period to be agreed
upon by both the employee and the employer.
(c) Applications for Adoption Leave
(i) Due to the fact that an employee may be
given little notice of the date of taking custody of a child, employees who
believe that, in the reasonably near future, they will take custody of a child,
should formally notify the employer as early as practicable of the intention to
take adoption leave, normally eight weeks prior. This will allow arrangements
associated with the adoption leave to be made.
(ii) A statement must also be provided from the
adoption agency or appropriate body/government authority confirming that the
applicant/ employee is to have custody and the expected date of placement of
the child.
(d) Applications for Further Adoption Leave
Same provisions as maternity leave.
(e) Variations of Adoption Leave
Same
provisions as maternity leave.
(f) Staffing Provisions
Same
provisions as maternity leave.
(g) Effect of Adoption Leave on Accrual of
Leave, Increments, etc.
Same
provisions as maternity leave.
(h) Right to Return to Previous Position
Same
provisions as maternity leave.
(i) Portability of Service for Paid Adoption
Leave
Same provisions
as maternity leave.
C. Parental Leave
(a) Eligibility for Parental Leave
(i) Full-time employees
Employees who,
prior to the expected date of birth or to the date of taking custody of the
child, have completed 40 weeks continuous service (of not less than 31.25 hours
per week) are eligible for parental leave.
(ii) Permanent part-time employees
Permanent
part-time employees are employees engaged in a permanent part-time basis as
defined by their Award. These employees are entitled to pro-rata paid parental
leave after forty (40) weeks continuous service.
(iii) An employee who has once met conditions for
parental leave will not be required to again work the forty (40) weeks
continuous service in order to qualify for a further
period of parental leave, unless:
(1) there has been a break in service where
the employee has been re-employed or re-appointed after 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 forty (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 workers’ compensation legislation.
(b) Entitlements
Eligible
employees whose spouse or partner (including a same sex partner) is pregnant or
is taking custody of a child, are entitled to a period of leave not exceeding
52 weeks, which includes one week of paid leave, and may be taken as follows:
(i) An unbroken period of up to one week at
the time of the birth of the child, taking custody of the child or other
termination of the pregnancy (short parental leave).
(ii) The entitlement of one week’s paid leave
may be taken at any time within the 52-week period and shall be paid:
(1) at the employees
ordinary rate of pay for a period not exceeding one week on full pay, or
(2) wo weeks at half pay or the period of parental
leave taken, whichever is the lesser period.
(iii) A further unbroken period of unpaid
parental leave not exceeding 52 weeks when added to short parental leave in order to be the primary caregiver of the child (extended
parental leave).
(iv) Extended parental leave cannot be taken at
the same time as the employee’s spouse or partner is on maternity or adoption
leave, except as otherwise provided at paragraph (a)(i)
of Part D of this clause.
Annual and/or
long service leave credits can be combined with periods of parental leave at
half pay to enable an employee to remain on full pay for that period.
(c) Applications for Parental Leave
(i) An employee who intends to proceed on
parental leave should formally notify their employer of such intention as early
as possible, so that arrangements associated with their absence can be made.
(ii) The employee should give written notice of
the intention to take the leave, at least four weeks before proceeding on
leave, and should detail the dates on which they propose to start and end the
period of leave. It is recognised in situations of taking custody of a child,
little or no notice may be provided to the employee. In such an instance, the
employee should notify the employer as early as practicable.
(iii) The employee must, before the start of
leave, provide a certificate from a medical practitioner confirming that their
spouse or partner is pregnant and the expected date of birth, or in the case of
an adoption, an official form or notification on taking custody of the child.
(iv) In the case of extended parental leave, the
employee must, before the start of leave, provide a statutory declaration by
the employee stating, if applicable, the period of any maternity leave sought
or taken by his spouse, and that they are seeking the period of extended
parental leave to become the primary caregiver of the child.
(d) Variations of Parental Leave
Same
provisions as maternity leave.
(e) Staffing Provisions
Same
provisions as maternity leave.
(f) Effect of Parental Leave on Accrual of
Leave, Increments, etc.
Same
provisions as maternity leave.
(g) Right to Return to Previous Position
Same
provisions as maternity leave.
(h) Portability of Service for Paid Parental
Leave
Same
provisions as maternity leave.
D. Right to Request
(a) An employee entitled to maternity,
adoption or parental leave may request the employer to allow the employee:
(i) to extend the period of simultaneous
parental leave use up to a maximum of eight weeks;
(ii) to extend the period of unpaid maternity,
adoption or extended parental leave for a further continuous period of leave
not exceeding 12 months;
(iii) to return from a period of maternity, adoption or parental leave on a part-time basis until the
child reaches school age,
(iv) 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) The employee’s request and the employer’s
decision made under paragraphs (a)(ii) and (a)(iii) of this Part must be
recorded in writing.
(d) Where an employee wishes to make a request
under paragraph (a)(iii) of this Part:
(i) the employee is to make an application
for leave without pay to reduce their full-time weekly hours of work.
(ii) such application must be made as early as
possible to enable the employer to make suitable staffing arrangements. At
least four weeks’ notice must be given.
(iii) salary and other conditions of employment
are to be adjusted on a basis proportionate to the employee’s full-time hours,
that is for long service leave the period of service is to be converted to the
full-time equivalent and accredited accordingly.
E. Communication During Leave
(a) Where an employee is on maternity,
adoption or parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) 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 leave; and
(ii) provide an opportunity for the employee to
discuss any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing leave.
(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 leave to be taken, whether the
employee intends to request to return to work on a part-time basis.
(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 subclause (a) of this Part.
37. Lactation Breaks
(i) This clause applies to employees who are
lactating mothers. A lactation break is provided for breastfeeding, expressing
milk or other activity necessary to the act of breastfeeding
or expressing milk and is in addition to any other rest period and meal break
as provided for in this Award.
(ii) A full-time employee or a part-time
employee working more than four hours per day is entitled to a maximum of two
paid lactation breaks of up to 30 minutes each per day or per shift.
(iii) A part-time employee working four hours or
less on any day or shift is entitled to only one paid lactation break of up to
30 minutes each per day or per shift worked.
(iv) A flexible approach to lactation breaks can
be taken by mutual agreement between an employee and their manager provided the
total lactation break time entitlement is not exceeded. When giving
consideration to any such requests for flexibility, a manager needs to
balance the operational requirements of the organisation with the lactating
needs of the employee.
(v) The employer shall provide access to a
suitable, private space with comfortable seating for the purpose of
breastfeeding or expressing milk. Other suitable facilities, such as
refrigeration and a sink, shall be provided where practicable. Where it is not
practicable to provide these facilities, discussions between the manager and
the employee will take place to attempt to identify reasonable alternative
arrangements for the employee’s lactation needs.
(vi) Employees experiencing difficulties in
effecting the transition from home based breastfeeding to the workplace will
have telephone access in paid time to a free breastfeeding consultative
service, such as that provided by the Australian Breastfeeding Association’s
Breastfeeding Helpline Service or the Public Health System.
(vii) Employees needing to leave the workplace
during time normally required for duty to seek support or treatment in relation
to breastfeeding and the transition to the workplace may utilise sick leave or
other leave in accordance with the award.
38. Study Leave
PETP Leave
(a) An Entry Level Paramedic undertaking an
approved paramedicine degree in the Post
Employment Tertiary
Pathway (PETP) program, (or its successor however described), will be granted
76 hours of PETP leave per year for purposes wholly related to the academic
requirements of the PETP program.
(b) PETP leave will be available for up to 3
years to a maximum accrual of 228 hours. However, an Entry Level Paramedic
entitled to PETP who is studying part-time may, with prior approval of the
employer, take their PETP leave over a longer period up to the same maximum
accrual of 228 hours, with a pro-rata reduction in the number of hours accrued
per year.
(c) The use of PETP is primarily related to
the preparation and undertaking of examinations, assessments, and residential
programs. Employees should notify the
employer as soon as practicable of their preferred dates to access PETP leave
once the relevant university has published the dates of assessments etc.
(d) The approval of PETP leave cannot be
unreasonably withheld by the employer.
(e) The parties agree that there is
flexibility in accessing PETP leave due to unforeseen and emerging individual
circumstances.
(f) The parties agree that notice less than
four weeks in advance may result in the leave not being approved by the
employer due to operational requirements.
(g) The employer may request evidence in
support of a request to access PETP leave.
Study Leave
(e) Employees shall be granted study leave on
such terms and conditions prescribed by the NSW Health Policy Directive
PD2023_045, Leave Matters for the NSW Health Service, as amended or replaced
from time to time.
39. Trade Union Leave
Employees shall be
granted trade union leave on such terms and conditions prescribed by the NSW
Health Policy Directive PD2023_045, Leave Matters for the NSW Health Service,
as amended or replaced from time to time.
40. Long Service Leave
(a) Employees shall be granted long service
leave on such terms and conditions as may be applicable from time to time to
employees employed under the provisions of the Government Sector Employment Act
2013, and the regulations made thereunder, as amended from time to time. This
includes the taking of long service leave on half pay.
(b) Where an employee has accrued a right to
an allocated day off duty on pay prior to entering a period of long service
leave, such day shall be taken on the next working day immediately following
the period of long service leave.
(c) An employee returning to duty from long
service leave shall be given the next allocated day off duty in sequence,
irrespective of whether sufficient credits have been accumulated or not.
41. Sick Leave
(a) If the employer is satisfied that an
employee is unable to perform his or her duties on account of illness, not
attributable to the employee's misconduct, it shall grant to such employee
leave of absence on full pay for a period or periods as follows:
(i) All employees shall be entitled to sick
leave for a period or periods not exceeding in the aggregate 114 hours in any
period of 12 months.
(ii) Sick leave hours will be deducted at a
rate equal to the length of the shift for which the employee was rostered i.e. sick leave hours will be deducted for the equivalent
number of ordinary hours that would otherwise have been worked.
(iii) In the event of an employee not taking the
full period of 114 hours in any period of 12 months, the untaken period of such
leave shall accumulate.
A maximum of
76 hours of the untaken hours in each period of 12 months shall accumulate in
respect of available sick leave which accumulated prior to 20 June 1980.
(iv) Periods of less than 38 hours shall not be
re-credited to employees who are sick whilst on annual leave or long service
leave.
(b) The employer shall not, with the sole
object of avoiding obligations under this clause, terminate the services of an employee
who is unable to perform his or her duties on account of illness and who is
entitled to sick leave under this clause.
(c) The employee shall notify the employer ,
where practicable, of his or her inability to attend for duty at least four
hours but in any case no less than one hour before the
commencement time of duty and inform The
employer , as far as possible, the estimated duration of same.
(d) All periods of sickness shall be
certified by a legally qualified medical practitioner, provided however, that
the employer may dispense with the
requirements of a medical certificate where the absence does not exceed two
consecutive days or where, in in the opinion of the employer, circumstances are
such as not to warrant such requirements.
(e) An employee shall not be entitled to sick
leave on full pay for any period in respect of which such employee is entitled
to accident pay or workers' compensation; provided, however, that where an
employee is not in receipt of accident pay, the 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-time hours. On the expiration of available sick leave,
weekly compensation payments only shall be payable.
(f) Any accumulation of sick leave standing
to the credit of an employee as at 6 February 1998
shall be added to the leave which is accumulated pursuant to paragraph (a)(iii)
of this clause.
SECTION 6 -
MISCELLANEOUS
42. Uniforms
(a)
(i) The employer shall provide each new
employee with sufficient, suitable and serviceable
uniforms.
(ii) The employer will provide uniforms in
accordance with its Uniform Policy, as amended or replaced from time to time.
Any change to the policy will be the subject of consultation.
(iii) Uniforms provided shall be replaced by the
employer upon condemnation in equivalent numbers.
(iv) The employer shall provide any other
special clothing which NSW Ambulance requires an employee to wear.
(v) Articles of uniform and special clothing
issued under paragraph (i) and (iv) of this subclause
remain the property of the employer and shall be returned by the employee upon
request by the employer.
(b) Any request for uniform replacement by
the employer or an employee will not be unreasonably refused.
(c) Employees required to wear a uniform
shall be paid a laundry allowance as prescribed in Item 7 of Table 2F -
Additional Allowances of Section 8, Monetary Rates.
43. Accommodation
(a) One-Officer Branch Stations - As
compensation for time on-call, employees shall be given accommodation rent free
and shall be supplied, without charge, with fuel and light. The on-call
allowance as set out in paragraph (f)(i) and (f)(ii)
of clause 26, Employees On Call, shall not apply.
Employees
shall be given relief from duty for not less than two full days in each working
week or four full days in each two working weeks, unless otherwise agreed
between the parties, and shall be paid the maximum rate prescribed by this
Award for Paramedics.
Days of relief
from duty for an employee who works on a roster other than a modified hours
roster may be accumulated by mutual arrangement between the employee and the
employer up to a maximum of eight days. Nothing in this subclause shall be
deemed to prohibit an employee in a one-officer branch station from temporarily
leaving the station at times when he or she is rostered on duty or on-call
after having made arrangements satisfactory to the
employer for the proper carrying on by him or her of the service during the
temporary absence.
(b) Two-Officer Branch Stations - If an
employee is supplied with quarters attached to an ambulance station, the
maximum weekly rent shall not exceed the weekly on-call allowance specified in
Item 2 of Table 2D - On Call Allowances of Section 8, Monetary Rates.
(c) Rental for all other employees will be
subject to such terms and conditions prescribed by the Ministry’s Policy
Directive PD2010_038 Accommodation - Health Owned - Consideration of
Rental/Market Rental Assistance Grant, as updated or replaced from time to
time.
(d) Where an employee is provided with
accommodation and is transferred or resigns, he or she shall be given not less
than four weeks’ notice to vacate such accommodation, such notice to take
effect from the date of notification of transfer or resignation.
44. Lockers and Showers
(a) The employer shall provide for the use of
the employees hot and cold showers and washbasins and for each employee a
locker with suitable hanging facilities. Lavatory accommodation, when situated
in shower or locker rooms, shall be effectively partitioned there from.
(b) 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 employee of NSW Ambulance appointed by the Chief Executive, or his or her
nominee, and if practicable an Union Sub-Branch Officer, otherwise by any two
employees of the employer one of whom is nominated by the Union
45. Union Subscriptions
The employer
agrees, subject to prior written authorisation by the employee, to deduct Union
Subscriptions from the pay of the authorising employee.
46. Union Notice Boards
Each ambulance
station and ambulance workplace 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.
SECTION 7 - AWARD
PARAMETERS
47. Issues Resolution
(a) The parties must:
(i) Use their best endeavours to cooperate in order to avoid grievances and disputes arising between
the parties or between the employer and individual employee(s); and
(ii) Abide by the procedures set out in this
clause to resolve any issue which might arise; and
(iii) Place emphasis on negotiating a settlement
of any issue at the earliest possible stage in the process.
(b) In this clause, "issue" means
any question, issue, grievance, dispute or difficulty
which might arise between the parties about:
(i) The interpretation, application
or operation of this Award; or
(ii) Any allegation of discrimination in
employment within the meaning of the Anti-Discrimination Act 1977 which
is not covered by established policies and procedures applicable to the
employer regardless of whether the issue relates to an individual employee or
to a group of employees.
(c) Any issue, and in the case of a grievance
or dispute, any remedy sought, must be discussed in the first instance by the
employee(s) (or the Union on behalf of the employee(s) if the employee(s) so
request) and the immediate supervisor of that employee(s).
(d) If the issue is not resolved within a
reasonable time, it must be referred by the employee(s) immediate supervisor to
his or her supervisor (or his or her nominee) and may be referred by the
employee(s) to the Union Organiser for the employer. Discussions at this level
must take place and be concluded within two working days of referral or such
extended period as may be agreed.
(e) If the issue remains unresolved, it may
be referred by any of the parties to more senior officials of the Union who
must then confer with the Chief Executive (and/or his/her nominee(s)) of the
employer . The conclusions reached by those representatives must be reported to
the parties within two working days of referral or such extended periods as may
be agreed.
(f) If these procedures are exhausted without
the issue being resolved, or if any of the time limits set out in those
procedures are not met, parties 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.
(g) Unless agreed otherwise by the parties, the
status quo must continue whilst these procedures are being followed. For this purpose "status quo" means the work procedures and
practices in place:
(i) Immediately before the issue arose; or
(ii) Immediately before any change to those
procedures or practices, which caused the issue to arise, was made.
The employer
must ensure that all practices applied during the operation of these procedures
are in accordance with safe working practices.
(h) Throughout all the stages of these
procedures, adequate records must be kept by the parties of all discussions.
(i) These procedures are to 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.
(j) All matters in dispute arising out of the
application of this Award may be referred to a disputes committee consisting of
not more than six members with equal representatives of the employer and the
Union. Such committee shall have the power to investigate all matters in dispute
and report to the employer and the Union, respectively, with such
recommendation as it may think right and, in the event of no mutual decision
being arrived at by the Committee, the matter in dispute may be referred to the
Industrial Relations Commission of New South Wales.
48. Anti-Discrimination
(a) It is the intention of the parties bound
by this Award to seek to achieve the object in section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
(b) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this Award the
parties have obligations to take 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.
(c) Under the Anti-Discrimination Act
1977, it is unlawful to victimise an employee because the employee has made or
may make or has been involved in a complaint of unlawful discrimination or
harassment.
(d) Nothing in this clause is to be taken to
affect:
(i) Any conduct or act which is specifically
exempted from anti-discrimination legislation;
(ii) Offering or providing junior rates of pay
to persons under 21 years of age;
(iii) Any act or practice of a body established to
propagate religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
(iv) A party to this Award from pursuing matters
of unlawful discrimination in any State or Federal jurisdiction.
(e) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
NOTES -
(i) Employers and employees may also be
subject to Commonwealth anti-discrimination legislation.
(ii) 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."
49. Transitional Provisions
(a) Except in so far as altered expressly or
by necessary implication, nothing in this Award shall in
itself be deemed, or be construed to reduce the wages of any employee at
the date of the commencement of this Award.
(b) Employees who are employed as of 1
January 2024 will be classified at the Work Level and/or paid at the pay point
set out in Section 9 - Transition of classifications for their classification.
(c) If the transition set out in subclause
(b) above would lead to a reduction in an employee’s salary, the employee is to
continue to be paid their existing salary until the salary to which they would
otherwise be entitled under this Award exceeds their existing salary.
(d) Employees who as at
1 January 2024 are employed under the classification of Ambulance Control
Centre Officer or Ambulance Control Centre Officer - Paramedic and Paramedic
Specialist will now be employed under the respective classifications of
Paramedic Level 1 or Paramedic Level 2 whichever so applies.
50. Exemptions
(a) On and from 25 November 1977, in respect
of conditions of employment relating to meals, meal breaks, on-call, Sunday
penalty rates, annual leave, annual leave loading, sick leave, Relieving other
members of staff, hours, working week and the issue of shoes or boots,
gauntlets or gloves for employees attached to the former Hunter Region
Ambulance District (as delimited by the New South Wales Ambulance Transport
Service Board at a meeting held on 8 February 1963), reference is to be made to
Determinations of the Health Commission dated 25 November 1977 and 14 December
1979.
For the purposes
of this, the Hunter Ambulance District shall mean the Hunter Ambulance District
as delimited by the New South Wales Ambulance Transport Service Board at a
meeting held on 8 February 1963, viz:
Commencing on
the coast between Munmorah Lake and Tuggerah or Budgewoi or Middle Lake, thence
in a westerly direction to the northern shore of Tuggerah or Budgewoi or Middle
Lake, thence by the northern shore of that Lake (including Budgewoi, Halekulani
and Buff Point) to Wallarah Creek, thence in a
straight line to the junction of the MacDonald River and Yengo
(or Boree) Creek, thence by the MacDonald River in a northerly direction to
where it joins the Wareng (or Howes Valley) Creek,
thence by the Big Broken Back Range to Payne’s Crossing, thence in a straight
line to "Mistletoe", thence by the road to Belford Railway Station,
thence by the Main Northern Railway line to Black Creek and by the road from
Stanhope to Cranky Corner and then by the road to "The Pass", thence
by a straight line to Mount Royal, thence in a straight line to Eccleston,
thence by the road to Salisbury Gap, then on to (but excluding) Salisbury,
thence by the Wallorobba Range to the Railway Gates
on the North Coast Railway Line, thence by the road to Wallarobba, thence by
the most direct road to where it meets the Dungog-Clarencetown
Road south of Brookfield, thence by that road to the bridge over the Williams
River at Clarencetown (including Clarencetown),
thence by that road to a point one mile south of Limeburners
Creek, thence by a straight line to Dark Point on the coast, thence by the
coast to the point of commencement.
(b) This exemption shall only apply to those
employees employed as such immediately prior to 14 October l992.
51. No Extra Claims
Other than as
provided for in the Industrial Relations Act 1996, there shall be no
further claims/demands or proceedings instituted before the Industrial
Relations Commission of New South Wales for extra or reduced wages, salaries,
rates of pay, allowances or conditions of employment with respect to the
employees covered by the Award that take effect prior to 30 June 2026 by a
party to this Award.
For the
avoidance of doubt, the Parties may, during the term of this Award, discuss
additional opportunities for system improvements and, if agreed, a further pay
increase may be provided to recognise the contribution of employees to those
system improvements.
52. Area, Incidence and Duration
(a) This Award rescinds and replaces the
Paramedics and Control Centre Officers (State) Award 2022 published 23 December
2022 (Vol. 393 IG Pg. 952), and all variations thereof.
(b) This Award shall apply to all employees
(as defined in clause 5 of this Award), excluding those located in the County
of Yancowinna, and to the employer in respect of
those employees.
(c) This Award takes effect from 1 July 2023
and shall remain in force for a period of three years. The
rates in section 8 of this Award will apply from the first full pay period on
or after (ffppoa) 1 July 2023.
SECTION 8 - MONETARY
RATES
(a) Pay rates and allowances for the period
from 1 July 2023 until the commencement of the first full pay period on or
after (ffppoa) 1 July 2023 shall be the equivalent
rates and allowances contained in the Paramedics and Control Centre Officers
(State) Award 2022 as at 30 June 2023.
(b) The parties acknowledge and agree that:
(i) the increases in wages and other
conditions in this Award incorporate all increases in work value and any gains
in productivity and/or efficiency since the last work value assessment for
employees covered by this Award up until the date of the commencement of this
Award (1 July 2023); and
(ii) the wages and other conditions in this Award
reflect the work value of all employees covered by this Award up until the date
of commencement of this Award.
Table 1A - Wages from 1 July 2023
Classification
|
Effect
from ffppoa 1 July 2023
|
|
$
per week
|
Trainee Paramedic
|
One Salary Rate
|
1328.89
|
Paramedic Intern
|
Year 1
|
1366.59
|
Year 2
|
1392.76
|
Paramedic
|
Year 1
|
1482.20
|
Year 2
|
1589.29
|
Paramedic Specialist
|
Year 1
|
1708.28
|
Year 2
|
1755.30
|
Year 3
|
1808.03
|
Critical Care Paramedic (Aeromedical)
|
Year 1
|
1911.57
|
Year 2
|
1961.10
|
Critical Care Paramedic (Aeromedical) Team
Leader
|
One Salary Rate
|
2059.14
|
Team Leader
|
One Salary Rate
|
1898.49
|
Station Manager
|
One Salary Rate
|
1970.96
|
District Manager
|
One Salary Rate
|
2043.20
|
Clinical Training Officer
|
One Salary Rate
|
2043.20
|
Clinical / Paramedic Educator
|
Year 1
|
2486.82
|
Year 2
|
2655.49
|
Ambulance Control Centre Paramedic
|
Year 1
|
1534.01
|
Year 2
|
1645.33
|
Ambulance Control Centre Paramedic
Specialist
|
Year 1
|
1684.32
|
Year 2
|
1741.65
|
Year 3
|
1795.88
|
Duty Control Centre Officer
|
Paramedic
|
One Salary Rate
|
2029.45
|
Senior Control Centre Officer
|
One Salary Rate
|
2086.87
|
Aeromedical Control Centre Officer
|
One Salary Rate
|
2075.29
|
Table 1B - Clinical Staff Wages from 1
January 2024
Movements between all increments within a band
of a classification level apply automatically after 12 months. Except employees
employed in the position of Advanced Life Support do not automatically progress
past Clinical Level 2, Band 1, Increment 1
There is no automatic progression between
clinical levels or bands.
Clinical
Level
|
Band
|
Increment
|
Classification
|
Effect from
1 January 2024
|
Effect from
1 January 2025
|
Effect from
ffppoa 1 July 2025
|
|
|
|
|
|
$ per week
|
$ per week
|
$ per week
|
|
Entry
|
1
|
1
|
Trainee
Paramedic
|
1,355.46
|
1,355.46
|
1,396.13
|
|
|
|
|
|
2
|
Paramedic
Intern
|
1,442.16
|
1,540.98
|
1,587.20
|
|
|
1
|
1
|
1
|
Paramedic
|
1,534.63
|
1,639.50
|
1,688.68
|
|
|
2
|
Paramedic
|
1,622.43
|
1,688.70
|
1,739.37
|
|
|
3
|
Paramedic
|
1,638.83
|
1,737.90
|
1,790.05
|
|
|
4
|
Paramedic
|
1,655.26
|
1,787.11
|
1,840.72
|
|
|
5
|
Paramedic
|
1,671.66
|
1,836.31
|
1,891.39
|
|
|
6
|
Paramedic
|
1,688.09
|
1,885.51
|
1,942.06
|
|
|
2
|
1
|
1
|
Paramedic
Specialist
|
1,811.34
|
2,017.42
|
2,077.94
|
|
|
2
|
Paramedic
Specialist
|
1,862.85
|
2,077.94
|
2,140.28
|
|
|
3
|
Paramedic
Specialist
|
1,918.85
|
2,140.28
|
2,204.49
|
|
|
3
|
1
|
1
|
Critical
Care Paramedic (Aeromedical)
|
2,028.74
|
2,262.86
|
2,330.75
|
|
|
2
|
Critical
Care Paramedic (Aeromedical)
|
2,081.31
|
2,321.49
|
2,391.13
|
|
|
2
|
1
|
Aeromedical
Control Centre Officer
|
2,202.49
|
2,456.66
|
2,530.37
|
|
|
3
|
1
|
Critical Care
Paramedic (Aeromedical) Team Leader
|
$2,185.42
|
$2,437.62
|
$2,510.75
|
|
|
4
|
1
|
1
|
Clinical
Training Officer
|
2,168.46
|
2,418.69
|
2,491.25
|
|
|
|
2
|
1
|
Paramedic
Educator
|
2,623.84
|
2,897.86
|
2,984.79
|
|
|
2
|
Paramedic
Educator
|
2,801.80
|
3,094.41
|
3,187.25
|
|
|
Table 1C - Management Staff Wages
Management
Level
|
Effect
from 1 January 2024
|
Effect
from 1 January 2025
|
Effect
from ffppoa 1 July 2025
|
1
|
2,003.08
|
2,212.29
|
2,278.66
|
2
|
2,079.55
|
2,296.73
|
2,365.63
|
3
|
2,155.77
|
2,380.92
|
2,452.35
|
Table 2A - Manager
Allowances
Item No
|
Clause
|
Allowance Description
|
Frequency
|
Rates
ffppoa
1
July 2023
|
Rates
1 January 2024
|
Rates
1 January 2025
|
Rates ffppoa
1 July 2025
|
1
|
12(a)
|
Specialist
Operations Allowance
|
Weekly
|
93.01
|
98.10
|
108.30
|
111.50
|
Table 2B -
Paramedic Allowances
Item No
|
Clause
|
Allowance Description
|
Frequency
|
Rates
ffppoa
1
July 2023
|
Rates
1 January 2024
|
Rates
1 January 2025
|
Rates ffppoa
1 July 2025
|
1
|
13(a)
|
Technical
Operations Allowance
|
Weekly
|
53.20
|
56.00
|
61.60
|
63.40
|
2
|
13(b)
|
Rescue (Standby)
Allowance
|
Weekly
|
18.30
|
19.20
|
21.10
|
21.70
|
Table 2C -
Paramedic Control Centre Staff Allowances
Item
|
Clause
|
Allowance Description
|
Frequency
|
Rates
ffppoa
1
July 2023
|
Rates
1 January 2024
|
Rates
1 January 2025
|
Rates ffppoa
1 July 2025
|
1
|
14(a)
|
Control Centre (Standby)
|
Weekly
|
27.60
|
29.00
|
31.90
|
33.00
|
2
|
14(b)
|
Control Centre Allowance (This Allowance is
only applicable to staff employed at Clinical Levels 1 and 2, or Management
Levels 1-4)
|
Weekly
|
109.00
|
114.60
|
126.00
|
130.00
|
3
|
|
Duty Control Centre Air Ambulance
(Transitional Allowance applicable only to officers employed as Air Ambulance
Co-ordination Officers as at 6 February 1998)
|
Weekly
|
17.20
|
18.10
|
19.90
|
20.00
|
Table 2D - On
Call Allowances
Item No
|
Clause
|
Allowance Description
|
Frequency
|
Rates
ffppoa
1
July 2023
|
Rates
1 January 2024
|
Rates 1 January 2025
|
Rates ffppoa
1 July 2025
|
1
|
26
|
On Call Allowance
(AO) (D)
|
Per 24 hours
|
25.80
|
27.10
|
29.50
|
30.40
|
2
|
26
|
On Call Allowance
(AO) (W)
|
Weekly
|
103.40
|
108.70
|
118.40
|
122.00
|
Table 2E -
Living Away From Home Allowance
Item No
|
Clause
|
Allowance Description
|
Frequency
|
Rates
ffppoa 1 July 2023
|
Rates
ffppoa 1 July 2024
|
1
|
17
|
Living Away From Home Tier 1 *
|
Per Day
|
142.15
|
TBC
|
2
|
17
|
Living Away From Home Tier 2 *
|
Per Day
|
131.45
|
TBC
|
*This is not subject
to Award wages increases.
Table 2F -
Additional Allowances
Item No
|
Clause
|
Allowance Description
|
Frequency
|
Rates
ffppoa 1 July 2023
|
Rates
ffppoa 1 July 2024
|
1
|
15
|
Climatic and Isolation Allowance - Time and Half Zone **
|
Weekly
|
5.50
|
TBC
|
2
|
15
|
Climatic and Isolation Allowance - Double Zone **
|
Weekly
|
10.90
|
TBC
|
3
|
17
|
Travelling Meal Allowance**
|
Each
|
33.25
|
TBC
|
4
|
17
|
Meal Away from Station **
|
Each
|
33.25
|
TBC
|
5
|
17(c)(ii)
|
Crib Away from Station **
|
Each
|
16.63
|
TBC
|
6
|
27
|
Overtime Meal Allowance **
|
Each
|
33.25
|
TBC
|
7
|
42
|
Laundry **
|
Weekly
|
15.70
|
TBC
|
8
|
5
|
Ambulance Studies Certificate Allowance
(current recipients only)
|
Weekly
|
31.20
|
TBC
|
** This is not subject
to Award wages increases
SECTION 9 - transitional
arrangements
Current Classification
|
New Work Level from 1 Jan 2024
|
|
Classification
|
Clinical level
|
Band
|
Increment
|
Trainee Paramedic
|
|
|
|
|
One Salary Rate
|
Trainee Paramedic
|
Entry
|
1
|
1
|
Paramedic Intern
|
|
|
|
|
Year 1
|
Paramedic Intern
|
Entry
|
1
|
2
|
Year 2
|
Paramedic Intern
|
Entry
|
1
|
2
|
Paramedic
|
|
|
|
|
Year 1
|
Paramedic
|
1
|
1
|
1
|
Year 2
|
Paramedic
|
1
|
1
|
2-6 (based off years of experience)
|
Paramedic
Specialist
|
|
|
|
|
Year 1
|
Paramedic Specialist
|
2
|
1
|
1
|
Year 2
|
Paramedic Specialist
|
2
|
1
|
2
|
Year 3
|
Paramedic Specialist
|
2
|
1
|
3
|
Critical Care
Paramedic (Aeromedical)
|
|
|
|
|
Year 1
|
Critical Care Paramedic (aeromedical)
|
3
|
1
|
1
|
Year 2
|
Critical Care Paramedic (aeromedical)
|
3
|
1
|
2
|
Critical Care
Paramedic (Aeromedical) Team Leader
|
Critical Care Paramedic (Aeromedical) Team Leader
|
3
|
3
|
1
|
Clinical Training
Officer
|
|
|
|
|
One Salary Rate
|
Clinical training officer
|
4
|
1
|
1
|
Clinical / Paramedic
Educator
|
|
|
|
|
Year 1
|
Paramedic Educator
|
4
|
2
|
1
|
Year 2
|
Paramedic Educator
|
4
|
2
|
2
|
Ambulance Control
Centre Paramedic
|
|
|
|
|
Year 1
|
Paramedic
|
1
|
1
|
1
|
Year 2
|
Paramedic
|
1
|
1
|
2-6 (based off years of experience)
|
Ambulance Control
Centre Paramedic Specialist
|
|
|
|
|
Year 1
|
Paramedic Specialist
|
2
|
1
|
1
|
Year 2
|
Paramedic Specialist
|
2
|
1
|
2
|
Year 3
|
Paramedic Specialist
|
2
|
1
|
3
|
Aeromedical
Control Centre Officer
|
|
|
|
|
One Salary Rate
|
Aeromedical Control Centre Officer
|
3
|
2
|
1
|
|
Management level
|
Classification
|
Duty Control
Centre Officer - Paramedic
|
|
|
One Salary Rate
|
2
|
Duty Control Centre Officer - Paramedic
|
Senior Control
Centre Officer
|
|
|
One Salary Rate
|
3
|
Senior Control Centre Officer
|
|
|
|
Team Leader
|
|
|
One Salary Rate
|
1
|
Team Leader
|
Station Manager
|
|
|
One Salary Rate
|
2
|
Station Manager
|
District Manager
|
|
|
One Salary Rate
|
3
|
District Manager
|
N. CONSTANT, Chief Commissioner
____________________
Printed by the authority of the
Industrial Registrar.