PUBLIC HEALTH SERVICE EMPLOYEES SKILLED TRADES (STATE) AWARD (INCORPORATING THE AMBULANCE SERVICE OF NSW SKILLED TRADES)

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Health Administration Corporation.

 

(No. IRC 6653 of 2001)

 

 

AWARD

 

 

PART A

 

1.  Index

 

PART A

 

Clause No.          Subject Matter

 

17.       Accumulation of Additional Days Off

7.         Additional Wage Rates

20.       Amenities

28.       Annual Leave

38.       Anti-Discrimination

41.       Area, Incidence and Duration

12.       Chokages

3.         Classification Structure and Labour Flexibility

25.       Climatic and Isolation Allowance

35.       Consultative Committees

26.       Damage to or Loss of Clothing or Tools

2.         Definitions

14.       Excess Fares and Travelling Time

34.       Exhibition of Award

19.       First-Aid Equipment

13.       Fouled Equipment

16.       Higher Duties Allowance

4.         Hours and Contract of Employment

1.         Index

32.       Issues Resolution Procedures

9.         Leading Hands

40.       Leave Reserved

33.       Living Away from Home Allowance

29.       Long Service Leave

31.       Miscellaneous Leave Conditions

39.       No Extra Claims

5.         Overtime

15.       Payment and Particulars Of Wages

23.       Picnic Day

22.       Public Holidays

37.       Rights of Union Delegates

6A.      Salary Sacrifice to Superannuation

21.       Shift Work

30.       Sick Leave

18.       Special Conditions

10.       Special Rates

24.       Special Tools, Clothing and Sharpening Tools

11.       Thermostatic Mixing Valve

8.         Tool Allowances

27.       Transport of Employee's Tools

36.       Union Dues

6.         Wages

 

PART B

 

MONETARY RATES

 

Table 1 (Schedule A) - Weekly Wages and Tool Allowances from 1 July 2000

Table 1 (Schedule B) - Weekly Wages and Tool Allowances from 1 July 2001

Table 2 (Schedule A) - Additional and Special Rates/Allowances from 1 July 2000

Table 2 (Schedule B) - Additional and Special Rates/Allowances from 1 July 2001

Table 3 (Schedule A) - Expense Related Allowances (excluding Tool Allowances)

From the first Full Pay Period to Commence on or after 11 September 2001

Table 4 (Schedule A) - Apprentices Wages and Allowances from 1 July 2000

Table 4 (Schedule B) - Apprentices Wages and Allowances from 1 July 2001

 

Appendix 1

Appendix 2

 

2.  Definitions

 

"Area Health Service" means an Area Health Service as specified in Schedule 1 of the Health Services Act 1997, and, for the purposes of this Award, will also include "Statutory Health Corporations" as specified in Schedule 2 of the said Act.

 

"Blindmaker" means a person appointed as such who is a journeyman/woman engaged in making and/or cutting or measuring or fixing inside window blinds.

 

"Bricklayer" means a person appointed as such who is employed on bricklaying or tuckpointing work.

 

"Carpenter" means a person appointed as such who is employed on carpentry work.

 

"Electrical Tradesperson" means a tradesperson, including an Electrician, in an electrical trade, which includes the following electrical trades:

 

"Electrical Fitter" means a tradesperson who is mainly engaged in making, fitting or repairing electrical machines, instruments or appliances, and who in the course of his/her work applies electrical knowledge including the welding, fabrication, and erection of brackets and equipment associated with electrical installation work.

 

"Electrical Mechanic" means a tradesperson who is mainly engaged on electrical installation, repair and maintenance work including the welding, fabrication, and erection of brackets, and equipment associated with electrical installation work.

 

"Electrical Fitter and Assistant to Chief Engineer - Sydney Hospital" means a person appointed as such, who in addition to undertaking the duties of an Electrical Fitter, assists the Chief Engineer at Sydney Hospital.

 

"Electrical Fitter and Assistant to Chief Engineer - Other Hospitals" means a person appointed as such, who in addition to undertaking the duties of an Electrical Fitter, assists the Chief Engineer.

 

"Electrician in Charge of Generating Plant" means an electrician who has complete charge of the whole plant, including the prime mover and generator and is required to run the plant and maintain and attend to the installation generally.

 

"Plant Electrician" means a tradesperson who is an electrical mechanic or electrical fitter who has practically complete charge of the general maintenance, alteration and repair work of an installation and carries out the orders of an employer having no knowledge of the electrical trade and not carrying on any business in the trade as a partner or otherwise or carries out the orders of an employer's engineer or other officer who is not a practical electrician.

 

"Refrigeration and/or Air Conditioning Mechanic or Fitter" means a tradesperson who in the course of his/her work applies electrical trade experience and is mainly engaged on the installation, repair, and maintenance work in connection with electrically operated refrigeration and/or air conditioning units.

 

"Electrical Instrument Fitter" means a tradesperson, not necessarily an electrical fitter, who is required to design, test and/or repair and maintain electrical and/or electro-pneumatic measuring and/or scientific electrical instruments.

 

"Employer" means the Health Administration Corporation of New South Wales, Area Health Service (as defined) or the Ambulance Service of New South Wales.

 

"Fitter" means a person appointed as such who is a tradesperson of one or more of the following classes:  mechanical fitter, pipe fitter on refrigeration work and/or high pressure work which includes live steam and hydraulic press work.

 

"Floor/Wall Tiler" means a person appointed as such and without limiting the meaning of the expression "floor/wall tiler", a person employed in the laying or fixing of tiles, faience, mosaic, ceramic, opalite and the like not exceeding in measurement 930 square centimetres when such opalite and the like is fixed with cement composition.

 

"Hospital" means any facility operated by an "Area Health Service" as defined in this Award.

 

"Motor Mechanic" means a person appointed as such who is a tradesperson engaged in repairing, altering, overhauling, assembling or testing metal and/or electrical parts of the engine or chassis of motor cars, motor cycles or other motor vehicles.

 

"Mechanical Tradesperson - Special Class" means a fitter or mechanic who satisfies the requirements for appointment to Level 2 in the classification structure, and who did so, fully or in part, by virtue of having obtained skills and/or knowledge beyond the base trade in hydraulics and/or pneumatics.

 

"Painter" means a person appointed as such who is engaged in any manner whatsoever in the painting and/or decorating of or in connection with all buildings and structures, plant, machinery, and equipment, fences and posts.

 

"Plasterer" means a person appointed as such who is employed on internal and/or external plastering and/or cement, including without limiting the generality of the foregoing, fibrous plaster fixing, gypsum plaster board fixing and floorlaying.

 

"Plumber" means a person appointed as such and without limiting the ordinary meaning of "plumbing", who is engaged on work including lead burning, chemical plumbing, oxy-welding, electric welding and brazing applicable to plumbing work, gas fitting, maintenance, installations and repair of hot and cold water services and hot water and/or steam heating services, air conditioning plants, the making up, fitting and installation of sewage and sewerage systems in sheet lead, galvanised iron, cast iron or any other material which supersedes the materials usually used by plumbers, the fixing of roofing, curtain walling, spouting, downpipes, gutters, valleys, ridging and flashings in any metal or any material, and the fixing, maintenance and repair of metal drain pipes and vent pipes to any building.

 

"Scientific Instrument Maker" means a person appointed as such who is a tradesperson engaged on the work of manufacturing, repairing, adjusting, and/or testing of optical and scientific instruments, but does not include an employee working exclusively as a tradesperson.

 

"Signwriter" means a person appointed as such and who in addition to having a knowledge of painting does any of the following work:

 

Signwriting, designing and/or lettering of tickets and showcards.

 

Pictorial and scenic paintings, or production of signs or posters by means of stencils, screens or like methods or any other work incidental thereto including cutout displays of all description, pictorial, scenic or lettering and without limiting the generality of the foregoing shall include:

 

(a)        lettering of every description, size or shape applied by brush on any surface or material which, without limiting its meaning, shall include stone, wood, iron, metal, brick, cement, glass (plain and fancy), canvas, paper, calico, sheeting, bunting, silk, satin, wire blinds;

 

(b)        designing for windows, poster, show window and theatre displays, honour rolls, illuminated addresses, neon signs, stencils, display banners;

 

(c)        gilding, i.e., the application of gold, silver, aluminium, or any metal leaf to any surface;

 

(d)        designing and laying out of cutout displays of all descriptions, either pictorial, scenic or lettering;

 

(e)        screen process work, i.e., the designing, setting up and the operation for duplication of signs on any material whether of paper, fabric, metal, wood, glass, or any similar material.

 

Without limiting the general meaning signwriting work shall include making of stencils and stencilling by screen or any other method, and the making and/or fixing of transfers.

 

"Spray Painter" means a tradesperson who is required to prepare all types of surfaces, colour match and apply paint to vehicle panels, vehicle components and whole vehicles with the use of general trade experience.

 

"Test case decision" means a decision made under Part 3 - National and State Decisions of Chapter 2 of the Industrial Relations Act 1996  or any other decision which the Industrial Relations Commission of New South Wales determines to be a test case having general application to awards in the State.

 

"Toolmaker" means a person appointed as such who is a tradesperson making and/or repairing any precision tool, gauge, die or mould to be affixed to any machine who designs or lays out his/her work and is responsible for its proper completion and includes any tradesperson engaged in or in connection with the making of any tool, gauge, die or mould as aforesaid who by agreement with the employer is classified as a toolmaker.

 

"Tradesperson" means any employee who has completed an apprenticeship or holds a relevant trade certificate or equivalent or, is otherwise appointed to any classification under this Award as at 1 September 1997.

 

"Union" means any or all of the following organisations as the case may be:

 

Construction Forestry Mining and Energy Union, New South Wales Branch;

 

New South Wales Plumbers and Gasfitters Employees' Union;

 

Automotive Food Metal Engineering Printing & Kindred Industries Union - Metals Division and Vehicle Division.

 

The Electrical Trades Union of Australia, New South Wales Branch.

 

"Upholsterer" means a person appointed as such who is a journeyman engaged in upholstering.

 

"Welder 1st Class" means a person appointed as such who is a tradesperson using electric arc and/or oxy-acetylene blow pipe and/or coal gas cutting plant who is required to apply general trade experience as a welder.

 

"Welder Special Class" means a welder who, in addition to satisfying the requirements of a Welder 1st Class, is required to and is competent to apply general trade experience in welding all the following classes of metals:  mild steel, stainless steel, cast iron, aluminium, copper, brass, die cast metal and magnesium.

 

3.  Classification Structure and Labour Flexibility

 

Tradespersons in the NSW public Health system perform, both on a planned and emergency basis, a variety of manual and technical tasks related to preventative and corrective maintenance and the installation, renovation and construction of buildings, plant and equipment. Those tasks include the performance of peripheral and incidental tasks and assisting other staff so as to complete the whole job.

 

In recognition of the skills and knowledge brought to the performance of tasks by tradespersons, the following classification structure is to be applied from the first full pay period to commence on or after the 1 September 1997.

 

Trade Classification	% of Weekly Wage	Definition
Level 1	100%	Complete Apprenticeship and/or holds
		relevant trade certificate or equivalent.
Level 2	105%	120 hours of approved course/s and is
		regularly required to use the
		skills/knowledge acquired in such courses.
Level 3	110%	240 hours of approved course/s and is
		regularly required to use the
		skills/knowledge acquired in such courses.
Level4	115%	360 hours of approved course/s and is
		regularly required to use the
		skills/knowledge acquired in such courses.

 

Note: Approved courses in respect of skills/knowledge no longer regularly required shall not be counted for progression purposes.

 

Approved Courses - are TAFE courses and any others that the Employer approves. NSW Health Department Study Leave provisions apply. Courses approved however must relate to the acquisition of new skills (performing additional functions) and not simply the modernisation or updating of current work practices or methods (performing the same functions better/differently - for example, personal OH&S related courses, updated inventory or programmed maintenance systems, new computer software etc).

 

Placement - The relevant Chief Executive Officer will determine where each tradesperson should be placed within the classification structure.

 

This must be done firstly by determining which skills/knowledge, above classification level 1 skills, are regularly required of the tradesperson and secondly, in relation to each of those, determining whether the relevant approved course has been successfully completed or, alternatively, in respect of tradespersons in employment as at 1 September 1997, determining whether the skills/knowledge possessed by the tradesperson is equivalent to skills/knowledge acquired from successfully undertaking the approved course.

 

Where the tradesperson in question is placed within a classification in the structure greater than level 1, the employee is to be paid the higher rate from the first full pay period to commence on or after that date that the higher skill/knowledge was regularly required of the tradesperson.

 

Progression - Progression to classification levels 2, 3 and 4 is to be on the basis of the tradesperson in question having successfully undertaken at least 120 hours of additional approved course/s, and, being required to regularly use the skills/knowledge acquired in such courses. Approved courses in respect of skills/knowledge no longer regularly required shall not be counted for progression purposes.

 

The employer will determine which and how many employees are to be regularly required to use additional skills/knowledge for which a higher classification level is to be paid.

 

Tradespersons at classification levels 2,3 and 4 are responsible for maintaining the additional skills/knowledge to a standard equivalent to that of having successfully undertaken a current approved course/s in order to continue to be paid the higher classification level.

 

Equivalent Skills - For the purposes of progression under the foregoing clause, the Chief Executive Officer may determine that the skills/knowledge possessed by and regularly required of a tradesperson who was in employment as at 1 September 1997, should be considered equivalent to skills/knowledge acquired from successfully undertaking an approved course/s. Any such decision requires that the tradesperson in question be credited with hours equivalent to that of the relevant approved course/s.

 

No Double Counting - There will be no credit toward progression to a higher classification level in relation to the performance of any function for which payment of an allowance is already made, for example, Thermostatic Mixing Valve Allowance and, any functions for which Additional Wage Rates are paid, for example, to Plumbers, Electrical Tradespersons and Welders.

 

Leading Hand Allowances - Leading hand allowances, where applicable, will be paid in addition to the skills based increment of the tradesperson in question.

 

Disputes - The Issue Resolution procedures should be utilised if any disputes arise concerning implementation of this clause.

 

4.  Hours and Contract of Employment

 

(i)         Employment under this Award will be full-time, part-time or casual. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

 

(ii)        Full-time employees - Hours:

 

(a)        "Day Worker" means a worker who works his/her ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6:00 am and at or before 10:00 am otherwise than as part of a shift system.

 

"Shift Worker" means a worker who is not a day worker as defined.

 

(b)        Except as provided elsewhere in this Award the ordinary working hours excluding meal times shall be thirty-eight per week and shall be worked in accordance with the following provisions for a four week cycle.  The ordinary hours of work for day workers shall be 8 hours per day worked between 6:00 am and 6:00 pm Monday to Friday inclusive and arranged in a four weekly cycle such that an employee shall be credited with 0.4 of one hour for each day worked with such time accruing as an entitlement to take one day off duty, on pay, in each four weekly cycle of twenty working days.

 

(c)        Each day of paid sick or recreational leave taken and any public holiday/s occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

(d)        An employee who has not worked a complete four week cycle shall receive pro rata accrued entitlements for each day worked (or each fraction of a day worked) or regarded as having been worked in such cycle, payable for the allocated day off.  Such payment shall also be made to an employee on termination of employment.

 

(e)        The accrued allocated day off prescribed in paragraph (b) of this subclause shall be taken as a paid day off unless the employee is required to work that day by the employer to cover unforeseen or emergency circumstances which would impair the productivity of other employees, delay the completion of a project or section thereof or prevent other employees from carrying out maintenance work outside ordinary working hours.

 

(f)         Where an employee has been absent on workers' compensation during a 20 day cycle and returns to work prior to his/her next allocated day off duty, in normal sequence, he/she shall be given and shall take such day as though he/she had worked the whole of the 20 day cycle.

 

(g)        Where an employee is required to work on his/her accrued allocated day off, other than a call back, he/she shall be paid at the rate of time and one-half for the time worked in ordinary hours and at double time for all time worked outside the ordinary hours on that day and the employer and employee shall confer with the view of substituting another day off, in lieu thereof, in the current 20 day cycle.  Should it be impractical for such a day to be substituted in the current 20 day cycle, it shall be given and taken as soon as practicable after the commencement of the next 20 day cycle in sequence.

 

(h)        Where an employee requests, and the employer agrees to a temporary change of the allocated day off in the four weekly cycle, no penalty payments shall be payable to an employee in respect of the change of the allocated day off.  Similarly no penalty payments shall be payable to the employee where he/she and the employer agree to change the allocated day off, in the four weekly cycle, on a permanent basis.

 

(i)         When an employee's allocated day off duty, on pay; as prescribed by paragraph (b) of this subclause, falls on a public holiday as prescribed by clause 22, Public Holidays, and clause 23, Picnic Day, the next working day shall be taken in lieu of the allocated day, unless an alternative day in that four weekly cycle (or the next four weekly cycle) is agreed to between the employer and the employee.

 

(j)         The ordinary hours of work of shift workers exclusive of meal times shall be 8 hours per shift with 0.4 of one hour at ordinary rates for each shift worked accruing as an entitlement to take one shift off duty, on pay, in each cycle of four weeks such that 19 shifts of eight hours (152 hours in total) are worked in each cycle.

 

(k)        Each shift worker shall be free from duty for not less than two full days in each week or where this is not practicable, four full days in each period of two weeks and where practicable such days shall be consecutive.

 

(l)         Except at regular changeover of shifts an employee shall not be required to work more than one shift in each period of twenty-four hours.

 

(m)       Shift rosters shall specify the commencing and finishing times of the ordinary working hours of the respective shifts.

 

(n)        The method of working shifts may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment or in the absence of agreement by seven days notice of alteration given by the employer to the employee.

 

(o)        Before shift work is introduced into any hospital or section thereof, the proposals relating thereto shall be conveyed to the Health Administration Corporation for its approval and to afford it an opportunity to discuss such proposals with representatives of the employer and the union or unions concerned.

 

(p)        There shall be allowed, without deduction of pay, a tea break of twenty minutes between 9:00 am and 11:00 am, or at such other time as may be mutually agreed upon, provided however that employees shall not necessarily take it at the same time or in the same location. Where practicable such tea break shall be taken at the nearest facility to the workplace and at the convenience of the employer.

 

(iii)       Part Time Employment:

 

(a)        A part-time employee is one who is permanently appointed by the employer to work a specified number of hours in a roster cycle. The specified hours must be less than those prescribed for a full-time employee.

 

(b)        Employees engaged under this clause shall be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate relevant to their classification and shall be entitled to all other benefits not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours.

 

This includes pro rata of appropriate weekly allowances and pro rata of appropriate daily allowances in the same proportion as actual hours on a day bears to eight. A part-time employee shall not be entitled to an additional day off or part thereof as prescribed by this Award and shall not be entitled to Public Holidays where the employee would not have worked that day pursuant to his/her usual roster.

 

(c)        The minimum number of hours per shift worked is four hours. The maximum ordinary hours which may be worked within a 7 day period (coincidental with the pay period) is thirty two. Days of work and starting and finishing times may be varied at any time by agreement, or by the employer with notice having regard to the employees circumstances.

 

(d)        All time worked by part-time employees in excess of eight hours on any shift, or beyond the rostered finishing time of the majority of full-time employees employed on that shift in the section concerned, shall be overtime and paid for at the rate of time and one half for the first two hours and double time thereafter, except that on Sunday such overtime shall be paid for at the rate of double time and on public holidays at the rate of double time and one half.

 

Extensions to the time worked on any shift, up to and including eight hours, or up to and including the rostered finishing time of the majority of full-time employees employed on that shift in the section concerned, whichever occurs first, 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.

 

(e)        Part-time employees shall have their pro-rata entitlements calculated by the average of ordinary hours worked per annum. In this respect ordinary hours worked means their contracted hours and any additional hours worked at ordinary rates of pay. In other words, hours which include extensions to shifts referred to in (d) above.

 

(iv)       Termination of Weekly Employment - One week's notice of termination of employment shall be given by the hospital or the employee, respectively, but when the conduct of an employee justifies instant dismissal such notice of termination of employment shall not apply; provided that should an employee fail to give the prescribed notice such employee shall be liable to the forfeiture of one week's wages.  Where the services of an employee are terminated without due notice he/she shall be paid one week's salary in lieu thereof.

 

 

 

(v)        Casual Employment:

 

(a)        A casual employee shall mean a person engaged for a period of less than the hours prescribed for full-time employees in clause 4, Hours and Contract of Employment, but shall not include any person employed under an unemployment relief scheme.

 

(b)        A casual employee shall be paid 15 per centum in addition to the rate calculated by adding the weekly wage and tool allowance for the class of work which he/she performs.

 

(c)        A casual employee who is requested to report for work shall be paid a minimum of 2 hours pay for each start.

 

(vi)       All employees:

 

(a)        Except for meal breaks, at the discretion of the employer, the ordinary hours of work shall be worked continuously provided that no employee shall be required to work for more than 5 hours without a meal break.

 

(b)        Painters shall be allowed five minutes before lunch and before the cessation of the day's work or shift to clean and put away their brushes, tools, etc.

 

(vii)      Locally negotiated hours of work patterns which are in place as at 1 September 1997 are preserved. Such work patterns are known to exist at Northern Sydney Area Health Service (12 hour shifts), Central Sydney Area Health Service (12 hour shifts) and Western Sydney Area Health Service (9 day fortnight). The preservation of those work patterns includes the preservation of other conditions and administrative arrangements altered/adopted locally to supplement and or accommodate the existence of those work patterns.

 

5.  Overtime

 

(i)         For all work done outside ordinary hours, (inclusive of time worked for accrual purposes as prescribed in clause 4, Hours and Contract of Employment and Clause 21, Shift Work) the rates of pay shall be time and one half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work.

 

Except as provided in this subclause or subclause (ii) of this clause, in computing overtime each day's work shall stand alone, except where overtime is continuous from the previous day.

 

(ii)        Rest period after overtime - when overtime work is necessary it shall wherever reasonably practicable be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

 

An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between these times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If on the instruction of his/her employer such an employee resumes or continues work without having had such ten consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:

 

(a)        For the purpose of changing shift rosters; or

 

(b)        Where a shift worker does not report for duty and a day worker or a shift worker is required to replace the absent shift worker; or

 

(c)        Where a rostered shift is altered by arrangement between the employees themselves.

 

(iii)       Overtime worked on a Saturday or Sunday not being a public holiday shall be paid for as follows:

 

(a)        Saturday - time and one half for the first two hours and double time thereafter with a minimum payment of four hours except where such overtime is continuous with overtime commenced on the previous day.

 

All overtime work after twelve noon on a Saturday shall be paid for at double time.

 

(b)        Sunday - double time for all time worked with a minimum payment for four hours. Payment of double time for overtime worked on a Sunday shall continue until the employee is relieved from duty.

 

(iv)       Overtime worked on Public Holidays:

 

(a)        Overtime worked on a public holiday as prescribed by clause 22, Public Holidays, shall be paid at the rate of double time and one half for all time worked with a minimum payment of four hours at such rate.

 

(b)        Overtime worked on a public holiday and which continues beyond twelve midnight into the next day not being a public holiday shall be paid for at the same rate for a public holiday until such time as the employee is relieved from duty.

 

(v)        Call back:

 

(a)        An employee recalled to work after leaving the premises (including the allocated day off, on pay) shall be paid for a minimum of four hours work at the appropriate rate for each time he/she is so recalled; provided that, except in unforeseen circumstances arising, the employee shall not be required to work the full minimum number of hours prescribed above if the work he/she was recalled to perform is completed within a shorter period.

 

(b)        An employee recalled to work overtime as prescribed by paragraph (a) of this subclause shall be paid all fares and expenses reasonable incurred in travelling to and from his/her place of work.

 

Provided further that where an employee elects to use his/her own mode of transport, the employee shall be paid a Transport Allowance in accordance with those prescribed from time to time by the Public Employment Office.

 

(c)        The provisions of this subclause shall apply in the case of employees on call back as if eight hours were substituted for ten hours in subclause (ii) of this clause, unless such call back occurs after an employee has worked continuing overtime from the normal shift immediately preceding the call back.

 

(vi)       Temporary night work - Wherever it may be necessary for a "day worker" to work temporary night work in the course of alteration or renovations of a building.

 

(a)        No employee who is employed during ordinary hours shall be employed on temporary night work except at overtime rates or vice versa.

 

(b)        A meal break of not less than 20 minutes shall be allowed during such shift.

 

(c)        An employee employed for less than five continuous shifts (inclusive of the allocated day off, on pay, as prescribed in clause 4, Hours and Contract of Employment) in any working week shall be paid at the rate of double time and one half for all time worked with a minimum payment of four hours at such rate.

 

(d)        The rate of pay for temporary night work shall be time and one half.

 

(e)        Start and finishing times for temporary night work shall be agreed upon mutually between the employer and the employees concerned.

 

(vii)      Meal hours - Work done during meal hours and thereafter until a meal hour break is allowed shall be paid for at double time rates.  An employee shall not be compelled to work for more than five hours without a break for a meal.

 

(viii)     Meal money - An employee required to work overtime in excess of one and one half hours after working ordinary hours shall be paid by his/her employer an amount set out at Table 3 to meet the cost of a meal.

 

After the completion of each four hours on continuous overtime shall be paid an amount set out at Table 3 for each subsequent meal in addition to his/her overtime payment, but such payment need not be made to employees living in the same locality as their places of work who can reasonably return home for meals.

 

(ix)       Transport of employees - When an employee after having worked overtime or a shift for which he/she has not been regularly rostered finishes work at a time when reasonable means of transport are not available the employer shall provide him with a conveyance to his/her home, or pay him his/her current wage for the time reasonably occupied in reaching his/her home (provided that this subclause shall not apply to an employee who uses his/her own vehicle to travel to and from his/her place of work).

 

(x)        Reasonable overtime - An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

 

(xi)       Cribs:

 

(a)        An employee who is required to work overtime for one and one half hours or more after the normal creasing time inclusive of time worked for accrual purposes as prescribed in clause 4, Hours and Contract of Employment, and Clause 21, Shift Work, shall be allowed, at the expiration of the said one and one half hours, 30 minutes for a meal or crib and thereafter a similar time allowance after every four hours of overtime worked.  Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break.

 

(b)        When overtime is worked on a Saturday, if work continues after 12 noon, a break for a meal of 30 minutes shall be allowed between 12 noon and 1 pm which meal break shall be taken without loss of pay.

 

(xii)      Limitation of overtime - No employee, including a night shift worker, shall work for more than 16 hours overtime in any week excepting in the case of extreme urgency such as urgent repairs or delay causing unemployment.

 

6.  Wages

 

(i)         The weekly wages of full-time employees shall be as set out in Table 1 (Schedules A and B).

 

(ii)        The weekly wages referred to in subclause (i) and (iv) of this clause are inclusive of the Industry Allowance, paid in consideration for:

 

(a)        working in the open and there being subjected to climatic conditions, i.e., dust blowing in the wind, brick dust, drippings from concrete, etc.;

 

(b)        sloppy conditions;

(c)        lack of usual amenities associated with factory work e.g., meal rooms, change rooms, lockers, etc.

 

(iii)       The weekly wages referred to in subclause (i) and (iv) of this clause are inclusive of the Hospital Trades Staff Allowance, paid in recognition of the responsibility, specialised skills, flexibility and discretion exercised by such tradespersons and the environment in which they work.

 

(iv)       The weekly wages and allowances for Apprentices shall be as set out in Table 4 (Schedules A and B).  The conditions of employment within this Award which specifically refer to Apprentices will be applied to Apprentices.

 

(v)        The further wage increases available under the Funding Agreement (Appendix 1) have been satisfied by the Memorandum of Understanding, (Appendix 2) entered by the respondents on 19 August 1998, and which, amongst other things, provides for the 4% increase to wages and wage related allowances effective the first full pay period to commence on or after 1 July 1998.

 

6A.  Salary Sacrifice to Superannuation

 

(a)        Notwithstanding the salaries prescribed in Clause 6, Wages, an employee may elect, subject to the agreement of the employee’s Employer, to sacrifice a portion of the salary payable under Clause 6 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 must not exceed thirty (30) percent of the salary payable under Clause 6 or thirty (30) percent of the currently applicable superannuable salary, whichever is the lesser.

 

In this Clause:

 

(a)        "superannuable salary" means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

(b)        "Employer" shall mean the Health Administration Corporation of New South Wales.

 

(b)        Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:

 

(a)        subject to Australian Taxation Law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYE taxation deductions by the amount of that sacrificed portion; and

 

(b)        any allowance, penalty rate, overtime, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payment for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or Statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under Clause 6, Wages, in the absence of any salary sacrifice to superannuation made under this Award.

 

(c)        The employee may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions:

 

(a)        paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

 

(b)        subject to the Employer’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.

 

(d)        Where an employee elects to salary sacrifice in terms of subclause (iii) above, the Employer will pay the sacrificed amount into the relevant superannuation fund.

 

(e)        Where the employee is a member of a superannuation scheme established under the:

 

(a)        Police Regulation (Superannuation) Act 1906;

 

(b)        Superannuation Act 1916;

 

(c)        State Authorities Superannuation Act 1987;

 

(d)        State Authorities Non-contributory Superannuation Act 1987; or,

 

(e)        First State Superannuation Act 1992,

 

the employee’s Employer must ensure that the amount of any additional employer superannuation contributions specified in subclause (i) above is included in the employee’s superannuable salary which is notified to the New South Wales pubic sector superannuation trustee corporations.

 

(f)         Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with his/her Employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (v) above, the Employer will continue to base contributions to that fund on the salary payable under Clause 6 to the same extent as applied before the employee sacrificed portion of that salary to superannuation. This Clause applies even though the superannuation contributions made by the Employer may be in excess of the superannuation guarantee requirements after the salary sacrifice is implemented.

 

Note: The above Clause was made operable 13 July 1999.

 

7.  Additional Wage Rates

 

(i)         Electrician - An electrician who is the holder of a Qualified Supervisors Certificate or Contractors licence shall be paid an amount per week set out at Grade A of Table 2 (Schedule B). An electrician who is the holder of a Certificate of Registration shall be paid an amount per week set out at Grade B of Table 2 (Schedule B).

 

(ii)        Lead Burner - The ordinary rates for lead burners shall be calculated by adding to the rate prescribed for journeymen plumbers in this Award the sum per hour set out at Table 2 (Schedule B).

 

(iii)       Plumber - The ordinary rates for plumbers are increased by the weekly amounts (or pro rata hourly for Part-time/Casual) set out in Table 2 (Schedule B) for all purposes for acting on various licences or combinations thereof as set out:

 

(a)        when required to act on plumber's licence;

 

(b)        when required to act on gasfitter's licence;

 

(c)        when required to act on drainer's licence;

 

(d)        when required to act on plumber's and gasfitter's licence;

 

(e)        when required to act on plumber's and drainer's licence;

 

(f)         when required to act on gasfitter's and drainer's licence;

 

(g)        when required to act on plumber's, gasfitter's and drainer's licence.

 

A plumber who may be required by his/her employer to act on his/her licence or licences during the course of his/her employment shall be paid at the rate per hour mentioned in this Award for every hour of his/her employment whether he/she had in any hour in fact acted on such licence or not.

 

Gasfitting licence shall be deemed to include coal gas, natural gas, liquid petroleum gas or any other gas where it is required by any State Act of Parliament or regulation that the holder of a licence be responsible for the installation of any such service or services.

 

(iv)       A plumber and/or gasfitter and/or drainer who is or will be required to be the holder of a Certificate of Registration shall be paid the amount per hour set out at Table 2 (Schedule B) in addition to his/her ordinary rate of pay.  This allowance shall be paid for all purposes of the Award with the exception of clause 21, Shift Work, and clause 5, Overtime, in which cases it shall be paid as a flat rate and not be subject to penalty addition.

 

(v)        Electric Welding - An employee being the holder of a Department of Industrial Relations oxy-acetylene or electric welding certificate who may be required by his/her employer to act on either of his/her certificates during the course of his/her employment shall be entitled to be paid for every hour of his/her employment on work the nature of which is such that it is done by or under the supervision of the holder of a certificate or while not performing but supervising such work the sum per hour set out at Table 2 (Schedule B) with a minimum payment of one hour per day for each certificate in addition to the rates of a journeyman plumber in this Award.

 

(vi)       Computing Quantities - Employees who are regularly required to compute or estimate quantities of materials in respect to the work performed shall be paid an additional amount per day or part thereof set out at Table 2 (Schedule B).

 

(vii)      An employee being the possessor of a boiler attendant's certificate who is required to supervise or operate a boiler shall for each week he/she is so required to be paid in addition to the rates prescribed an amount set out at Table 2 (Schedule B).

 

(viii)     BMC Operators:

 

(a)        Tradespersons employed on rotational shiftwork in building maintenance centres attending computerised systems monitoring the status and functions of plant and equipment connected thereto and attending to alarms recorded thereon shall be paid an allowance per week as set out at Table 2 (Schedule B) above the Award margin prescribed for their respective trade classifications.  Such allowance shall be paid for all purposes of the Award and subject to wage indexation increases.

 

(b)        In addition to the foregoing such tradesperson/s shall also be paid the tool allowance prescribed for their respective trade classification under this Award.

 

(c)        Tradespersons attending the computerised system shall hold their work station for a period of one quarter of an hour at shift change over to acquaint the oncoming shift with the status of the plant and equipment or maintenance work in hand.  Such time shall be counted as time worked and paid for at overtime rates.

 

(ix)       Motor mechanics who are required to inspect and issue certificates of inspection in respect of the road worthiness of motor vehicles shall be paid an amount set out at Table 2 (Schedule B) for each vehicle inspected plus an amount per day set out at Table 2 (Schedule B) whilst actually at work.

 

(x)        An allowance as set out at Table 2 (Schedule B) for each 24 hours shall be paid to an employee who is requested by his/her employers, and agrees to such request, that they take home an electronic paging device in order that they may be contacted to return to duty when required.

 

(xi)       In addition to the ordinary rate paid to an Electrical Tradesperson (Electrical Fitter/Mechanic and Refrigeration and/or Air Conditioning Mechanic or Fitter), the following types of Electrical Tradespersons (see Definitions) shall be paid the weekly amounts (or pro rata hourly for Part-time/Casual) set out at Table 2 (Schedule B) for all purposes:

 

Electrical Fitter & Assistant to Chief Engineer - Sydney Hospital;

 

Electrical Fitter & Assistant to Chief Engineer - Other Hospitals;

 

Electrician in Charge of Generating Plant less than 75 Kilowatts;

 

Electrician in Charge of Generating Plant 75 Kilowatts or more;

 

Plant Electrician.

 

(xii)      In addition to the ordinary rate paid to a Welder 1st Class, a Welder Special Class as defined shall be paid the weekly amount (or pro rata hourly for Part-time/Casual) set out at Table 2 (Schedule B) for all purposes.

 

8.  Tool Allowances

 

Employees shall be paid tool allowances for all purposes as for Table 1, except Electrical Trades classifications (Electrical Tradesperson and Electrical Instrument Fitter), who shall be paid tool allowances for all purposes as for Table 2 (Schedule B).

 

9.  Leading Hands

 

(i)         Leading Hand Electrician:

 

(a)        For the purposes of this subclause, Leading Hand means any electrical worker (not being a Foreman) who is placed in charge of work on which 4 or more employees or 2 or more electrical mechanics or fitters in addition to him/herself are engaged.  Any worker who receives orders from an officer, and is placed in charge as herein set out in the absence of such officer, shall be deemed to be a leading hand whilst so placed in charge of the work carrying out such orders.

 

(b)        A leading hand electrician as defined herein shall be paid an additional amount per week set out at Table 2 (Schedule B).

 

(ii)        Leading Hand, other than Electrician:

 

(a)        An employee appointed to be in charge of up to and including 5 employees shall be paid an amount per week extra as set out at Table 2 (Schedule B).

 

(b)        An employee appointed to be in charge of more than 5 and up to and including 10 employees shall be paid an amount per week extra as set out at Table 2 (Schedule B).

 

(c)        An employee appointed to be in charge of 11 or more employees shall be paid an amount per week extra as set out at Table 2 (Schedule B).

 

10.  Special Rates

 

In addition to the wages, additional wage rates and allowances of this Award, the following special rates and allowances shall be paid to employees:

 

(i)         Cold Places - Employees working in places where the temperature is reduced by artificial means below 0 degrees Celsius shall be paid an amount per hour extra as set out at Table 2 (Schedule B).  Where the work continues for more than two hours, employees shall be entitled to a rest period of twenty minutes every two hours without loss of pay.

 

(ii)        Confined Spaces - Employees working in a place the dimensions or nature of which necessitate working in a stooped or cramped position or without sufficient ventilation shall be paid an amount per hour extra as set out at Table 2 (Schedule B).

 

(iii)       Dirty Work - Work which a supervisor and employee agree is of a dirty or offensive nature by comparison with the work normally encountered in the trade concerned and for which no other special rates are prescribed shall be an amount per hour extra as set out at Table 2 (Schedule B).

 

(iv)       Height Money - Employees working at a height of 7.5 metres from the ground, deck, floor or water shall be paid an amount per hour extra as set out at Table 2 (Schedule B) and the same amount again extra for every additional 3 metres.  Height shall be calculated from where it is necessary for the employee to place his/her hands or tools in order to carry out the work to such ground, floor, deck or water.  For the purpose of this subclause deck or floor means a substantial structure which, even though temporary, is sufficient to protect an employee from falling any further distance.  Water level means in tidal waters mean water level.  This subclause shall not apply to employees working on a suitable scaffold erected in accordance with the Construction Safety Act 1912.

 

(v)        Hot Places - Employees working in the shade in places where the temperature is raised by artificial means to between 46 degrees Celsius and 54 degrees Celsius shall be paid an amount per hour extra as set out at Table 2 (Schedule B).; in places where the temperature exceeds 54 degrees Celsius, such employees shall be paid an additional amount per hour as set out at Table 2 (Schedule B). Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees shall also be entitled to twenty minutes' rest after every two hours work, without deduction of pay.  The temperature shall be decided by the foreman of the work after consultation with the employees who claim the extra rate.

 

(vi)

 

(a)        Insulation Material - An employee who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton, insulwool, slagwool, fibreglass or mineral wool or other recognised insulating material of a like nature or an employee in the vicinity of such work shall be paid an amount per hour extra as set out at Table 2 (Schedule B) or part thereof whilst so engaged.

 

(b)        Asbestos - An employee required to work with any materials containing asbestos or to work in close proximity to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority and where such safeguards include the mandatory wearing of protective equipment such employees shall be paid an amount per hour extra as set out at Table 2 (Schedule B) whilst so engaged.

 

(vii)      Smoke-boxes, etc. - Employees working on repairs to smoke-boxes, furnace or flues of boilers shall be paid an amount per hour extra as set out at Table 2 (Schedule B).; provided that an employee engaged on repairs to oil fired boilers, including the casings, uptakes and funnels, or flues and smoke stacks, shall, while working inside such boiler, be paid an amount per hour extra as set out at Table 2 (Schedule B).

 

(viii)     Wet Places:

 

(a)

 

(1)        An employee working in a place where water other than rain is falling so that his/her clothing shall be appreciably wet and/or water, oil or mud underfoot is sufficient to saturate his/her boots shall be paid an amount per hour extra as set out at Table 2 (Schedule B).; provided that his/her extra rate shall not be payable in respect to an employee who is provided with suitable and effective protective clothing and/or footwear.  An employee who becomes entitled to this extra rate shall be paid such rate for such part of the day or shift as he/she is required to work in wet clothing or boots.

 

(2)        Where an employee is required to work in the rain he/she shall be paid an amount per hour extra as set out at Table 2 (Schedule B) for the time so worked.

 

(b)        An employee called upon to work knee-deep in mud or water, shall be paid an amount per day extra as set out at Table 2 (Schedule B) in addition to ordinary rates of pay prescribed for each day or portion thereof so worked; provided that this subclause shall not apply to an employee who is provided with suitable protective clothing and/or footwear.

 

(ix)       Acid Furnaces, Stills, etc:

 

(a)        A bricklayer required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork, shall be paid an amount per hour extra as set out at Table 2 (Schedule B). This additional rate shall be regarded as part of the wage rate for all purposes of the Award.

 

(b)        An employee engaged on the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be paid an amount per hour extra as set out at Table 2 (Schedule B). This additional rate shall be regarded as part of the wage rate for all purposes.

 

(x)        Depth Money - An employee engaged in tunnels, cylinders, caissons, coffer dams and sewer work and in underground shafts exceeding 3 metres in depth shall be paid an amount per hour extra as set out at Table 2 (Schedule B).

 

(xi)       Swing Scaffolds:

 

(a)        An employee other than a plasterer, working in a bosun's chair or on a swing scaffold shall be paid an amount as set out at Table 2 (Schedule B) for the first four hours whilst so engaged thence an amount per hour as set out at Table 2 (Schedule B).

 

(b)        Plasterers working in a bosun's chair or on a swing scaffold shall be paid an amount per hour extra as set out at Table 2 (Schedule B) more than that rate applicable to other employees, in paragraph (a) above.

 

(c)        An employee shall not raise or lower a bosun's chair or swing scaffold alone and an employer shall not require an employee to raise or lower a bosun's chair or swing scaffold alone.

 

(xii)      Spray Application - An employee engaged on all spray applications carried out in other than a properly constructed booth, approved by the Department of Industrial Relations shall be paid an amount per hour extra as set out at Table 2 (Schedule B).

 

(xiii)     Working Secondhand Timber - Where, whilst working secondhand timber, a Carpenter's tools are damaged by nails, dumps or other foreign matter in the timber he/she shall be entitled to an allowance per day extra as set out at Table 2 (Schedule B) on each day upon which his/her tools are so damaged; provided that no allowance shall be so payable under this clause unless it is reported immediately to the employer's representative on the job in order that he/she can prove his/her claim.

 

(xiv)     Roof Work - Employees engaged in the fixing or repairing of a roof or any other work in excess of 12 metres from the nearest floor level shall be paid an amount per hour extra as set out at Table 2 (Schedule B) with a minimum payment of one hour.

 

(xv)      Explosive Powered Tools - Employees required to use explosive powered tools shall be paid an amount per day extra as set out at Table 2 (Schedule B).

 

(xvi)     Morgues - An employee required to work in a morgue shall be paid an amount per hour extra as set out at Table 2 (Schedule B) whilst so employed.

 

(xvii)    Toxic and Obnoxious Substances:

 

(a)        An employee engaged in either the preparation and/or the application of toxic or epoxy based materials or material of a like nature shall be paid an amount per hour extra as set out at Table 2 (Schedule B).

 

(b)        In addition, employees applying such material in buildings which are normally air-conditioned shall be paid an amount per hour extra as set out at Table 2 (Schedule B) for any time worked when the air conditioning plant is not operating.

 

(c)        Where there is an absence of adequate natural ventilation, the employer shall provide ventilation by artificial means and/or supply an approved type of respirator and in addition protective clothing shall be supplied where recommended by the Department of Health, New South Wales.

 

(d)        Employees working in close proximity to employees so engaged shall be paid an amount per hour extra as set out at Table 2 (Schedule B).

 

(e)        For the purpose of this clause, all materials which are toxic or which include, or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

 

(xviii)   Employees working in areas accommodating psychiatric patients shall be paid an amount per hour extra as set out at Table 2 (Schedule B) whilst so engaged.

 

(xix)      Animal House - An employee required to work in an animal house shall be paid an amount per hour extra as set out at Table 2 (Schedule B) whilst so employed.

 

(xx)       Rates not subject to Penalty Provisions - The special rates herein prescribed shall be paid irrespective of the times at which the work is performed, and shall not be subject to any premium or penalty conditions.

 

(xxi)      Asbestos Eradication - Application:  This subclause shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this Award. 

 

Definition:  Asbestos eradication is defined as work on or about building, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.

 

Control:  All aspects of asbestos eradication work shall be conducted in accordance with the NSW Occupational Health and Safety Act 1983, the Occupational Health and Safety Asbestos Dust Regulation, 1984 and the NSW Construction Safety Act 1912 Regulations concerning construction work involving asbestos and asbestos cement.

 

Rate of Pay:  In addition to the rates prescribed in this Award an employee engaged in asbestos eradication (as defined) shall receive an amount per hour extra as set out at Table 2 (Schedule B) in lieu of special rates as prescribed in clause 10, Special Rates, with the exception of subclauses (i) Cold Places; (v) Hot Places; (xi) Swing Scaffold; (xii) Spray Application; and (xiii) Working Secondhand Timber.

 

Other Conditions:  The conditions of employment rates and allowances, except so far as they are otherwise specified in this Clause shall be the conditions of employment, rates and allowances of the Award as varied from time to time.

 

(xxii)     Extra Rate not Cumulative - When more than one of the above rates provide payment for disabilities of substantially the same nature then only the highest of such rates shall be payable.

 

(xxiii)

 

(a)        Tradespersons who are employed to work in psychiatric hospitals (i.e., formerly  5th Schedule Hospitals) shall be paid an amount per hour extra as set out at Table 2 (Schedule B).

 

Provided that the allowance prescribed by this paragraph shall not be taken into consideration in the calculation of overtime or other penalty rates.  Provided further that the allowance shall not be paid for work carried out in such areas as may be agreed upon between the respondent unions and the Health Administration Corporation.

 

(b)        Geriatric Hospitals - Employees working or required to work in Allandale and Garrawarra hospitals shall be paid an amount per hour extra as set out at Table 2 (Schedule B). Employees working or required to work in Lidcombe Hospital shall be paid an amount per hour extra as set out at Table 2 (Schedule B).

 

Provided that the allowance prescribed by this paragraph shall not be taken into consideration in the calculation of overtime or other penalty rates.

 

11.  Thermostatic Mixing Valve

 

An allowance per week as set out at Table 2 (Schedule B) shall be paid to licensed plumbers who hold a Thermostatic Mixing Valve Certificate from a College of Technical and Further Education and who are required to service thermostatic mixing valves.

 

12.  Chokages

 

Subject to clause 10, Special Rates, if an employee is employed upon any chokage and is required to open up any soil pipe, waste pipe, drain pipe or pump conveying offensive material or a scupper containing sewage or if he/she is required to work in a septic tank in operation he/she shall be paid an amount as set out at Table 2 (Schedule B) per day or part thereof.

 

13.  Fouled Equipment

 

An employee who in working on any equipment containing body fluids or body waste encounters such matter shall be paid an amount set out at Table 2 (Schedule B) per day or part thereof:  Provided that this allowance shall not apply in circumstances where the allowance prescribed in clause 12, Chokages, would otherwise be payable.

 

14.  Excess Fares and Travelling Time

 

(i)         An employee who on any day or from day to day is required to work at a job away from his/her accustomed place of work shall, at the direction of his/her employer present him/herself for work at such job at the usual starting time and shall be paid an amount set out at Table 3 for each such day.  Where the travelling time and fares are in excess of those normally incurred in travelling to his/her accustomed place of work the employee shall also be paid that amount of such excess which exceeds that above amount.

 

(ii)        An employee who, with the approval of the employer, uses his/her own means of transport for travelling to or from outside jobs, shall be paid a Transport Allowance in accordance with those prescribed from time to time by the Public Employment Office.

 

(iii)       Where the employer has determined that an employee or employees should report to a new accustomed place of work on a permanent basis, the decision must be discussed with the affected employee(s) and the local branch of the union prior to notice of changed accustomed place of work being given. Such discussions should include consideration of the impact of the change on affected employees.

 

The employer shall give the employee one calendar month's notice of the requirement to report to a new accustomed place of work.

 

Where the accustomed place of work is changed on a permanent basis by the employer, the employee shall report to the new accustomed place of work on the date specified by the employer.

 

Where a change to the accustomed place of work would impose unreasonable hardship on the employee, the employer may agree to apply the entitlements of Circular 98/47, as amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

Do not have the effect of providing a set of entitlements which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

If there is disagreement about such decision after such discussion or if a significant number of employees are involved, the matter may be referred to the Department of Health, Workforce Relations Branch, and/or, the Industrial Relations Commission consistent with the Issues Resolution Procedure.

 

(iv)       Some Provisions of Former Enterprise Agreements Preserved. The provisions of clauses 16 and 17 of the former Central Sydney Area Health Service Skilled Trades Wages Agreement 1994 and clause 20 of the former Southern Sydney Area Health Service Engineering & Maintenance Services Enterprise Agreement 1994 are preserved as if those clauses continue to apply to those Area Health Services (and successors) under this Award.

 

15.  Payment and Particulars of Wages

 

(i)         Wages shall be paid weekly or fortnightly; provided that, for the purpose of adjustments of wages, from time to time effective, the pay period shall be deemed to be weekly.  On each pay day the pay shall be made up to a day not more than three days prior to the day of payment.

 

(ii)        Wages shall be paid into a nominated bank or other accounts, except in isolated areas where payment will be made by cheque to a given address.

 

(iii)       Notwithstanding the provision of subclause (ii) of this clause, an employee who has been given one week's notice of termination of employment, in accordance with clause 4, Contract of Employment and Hours,  shall be paid all moneys due to him/her prior to ceasing duty on the last day of employment.  Where an employee is dismissed or his/her services are terminated without due notice, in accordance with the said clause, any moneys due to him/her shall be paid as soon as possible after such dismissal or termination but in any case not more than 48 hours thereafter.

 

(iv)       On each pay day an employee, in respect of the payment then due shall be furnished with a statement, in writing, containing the following particulars, namely, name, the amount of ordinary salary, the total number of hours of overtime worked, if any, the amount of any overtime payment, the amount of any other moneys paid, and the purpose of which they are paid and the amount of the deductions made from total earnings and the nature thereof.

 

(v)        Where retrospective adjustments of wages are paid to employees, such payments where practical shall be paid as a separate payment to ordinary wages with a separate statement containing particulars as set out in subclause (iv) of this clause.

 

16.  Higher Duties Allowance

 

(i)         Where a Leading Hand is on his/her allocated day/s off, on pay, and another employee relieves in the position for that day only, no higher duty allowance shall be paid.

 

(ii)        Except as provided for in subclause (i) of this clause an employee engaged for more than two hours on any day or shift on duties carrying a higher rate than his/her ordinary classification or entitling him/her to a leading hand allowance shall be paid the higher rate or allowance as the case may be for such day or shift.  Where the period of relief, on any day, is for two hours or less the employee acting in the higher classification shall only be paid the higher duty allowance for the time so worked.

 

(iii)       Except as provided for in subclause (i) of this clause where an employee is required to act as a leading hand at the commencement of a day or shift he/she shall be paid the appropriate allowance for the whole of such day or shift.

 

17.  Accumulation of Additional Days Off

 

Full-time employees may accumulate up to five ADO's (as measured at any one point in time), subject to the mutual agreement of the employee and local management. The limit on the accumulation right means that any employee who has already accumulated five ADO's must take the sixth ADO accruing to him/her as and when it falls due in accordance with roster.

 

Any ADO's accumulated but not taken as at the date of termination, shall be paid out at ordinary rates as part of the usual termination entitlement.

 

The parties recognise that accrual of ADO's may not be possible in all settings and circumstances.

 

Records of all time accrued owing to and taken by employees must be maintained by management.

 

18.  Special Conditions

 

(i)         Employees engaged in installing brine or ammonia pipes or repairs to same or who work on other destructive materials, who have their clothing or boots destroyed or damaged, shall be reimbursed the amount of damage sustained.

 

(ii)        All rope and gear shall be of sound material, used or stored in such a way that it does not come in contact with sharp edges, acid or acid fumes.  At all times, the regulation under the Construction Safety Act 1912, shall be complied with.

 

(iii)       Each employee working in battery rooms or like places where acids or caustic soda are stored or used, shall be provided with gloves, overalls and rubber boots to be periodically disinfected in accordance with the requirements of the Health Department for disinfecting clothing while in use.

 

(iv)       The employer shall provide to each employee a suitable gas mask at the place of work when the employee is required to work on a live gas service.

 

(v)        X-ray - An employee working in an infectious area shall be X-rayed at the employer's expense and in the employer's time after each six months or at the termination of his/her employment, whichever is the sooner.

 

(vi)       Sufficient, suitable and serviceable ear muffs and face masks shall be made available for the use of employees required to work in areas where noise levels are excessive and in proximity to dust or fumes.  Suitable protective garb shall also be made available for employees required to work in proximity to dust or fumes.  Suitable protective garb shall also be made available for employees required to work in proximity to radioactive material.

 

(vii)      No employee shall be required to use a paint brush exceeding five inches in width or eight ounces in weight (or their metric equivalents) or a kalsomine brush exceeding eight inches (or its metric equivalent) in width.

 

(viii)     An employee shall not be required to use a roller in excess of twelve inches in width on the painting of ceilings or walls.

 

19.  First-Aid Equipment

 

The employer shall provide and continuously maintain at a place or places reasonably accessible to all employees an efficient first-aid outfit including a stretcher.

 

20.  Amenities

 

The provisions contained in the "Accommodation and Amenities" Clause of the Health Employees Conditions of Employment (State) Award shall apply to employees covered by this Award.

 

21.  Shift Work

 

(i)         Definitions - for the purpose of this clause:

 

"Afternoon Shift" means any shift finishing after 6 pm and at or before midnight.

 

"Night Shift" means any shift finishing subsequent to midnight and at or before 8 am.

 

"Rostered Shift" means a shift of which the employee concerned has had at least forty-eight hours' notice.

 

(ii)        Shift workers whilst on afternoon or night shifts shall be paid 15 per centum more than the ordinary rate for such shifts.  Shift workers who work on any afternoon or night shift which does not continue for at least five successive afternoons or nights (including the allocated day off on pay) shall be paid at the rate of time and one-half for the first three hours and double time thereafter.

 

(iii)       Saturdays - The minimum rate to be paid to any shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half.  Such extra rates shall be in substitution for and not cumulative upon the shift premium prescribed in subclause (ii) of this clause.

 

(iv)       Sundays and Holidays:

 

(a)        Shift workers whose ordinary working hours include work on a Sunday shall be paid at the rate of double time.

 

(b)        Shift workers whose ordinary working hours include work on any of the public holidays referred to in clause 22, Public Holidays, shall be paid at the rate of double time and one-half.

 

(c)        Where shifts commence between 11 pm and midnight on a Sunday or a holiday the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday.

 

Where shifts fall partly on a holiday that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.

 

(d)        The rates prescribed in paragraphs (a) and (b) of this subclause shall be in substitution for and not cumulative upon the shift premium prescribed in subclause (ii) of this clause.

 

22.  Public Holidays

 

(i)

 

(a)        Public holidays shall be allowed to employees on full pay.  Where an employee is required to and does work on any of the holidays set out in this subclause, whether for a full shift or not, the employee shall be paid one and one-half day's pay in addition to the weekly rate, such payment to be in lieu of weekend or shift allowances which would otherwise be payable had the day not been a public holiday:  Provided that, if the employee so elects, he/she may be paid one half day's pay in addition to the weekly rate and have one day added to his/her period of annual leave for each public holiday worked in lieu of the provisions of the preceding paragraph.

 

(b)        For the purpose of this clause the following shall be deemed 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.

 

(c)        Day workers are to be paid one days pay in addition to the weekly rate for each public holiday, other than Easter Saturday, falling on non-working Saturdays.

 

(d)        Shift workers rostered off duty (other than on their allocated day off duty on pay) on a public holiday shall:

 

(1)        be paid one day's pay in addition to the weekly rate; or if the employee so elects;

 

(2)        have one day added to his/her period of annual leave.

 

(e)        The election referred to in paragraphs (a) and (d) of this subclause is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

 

(ii)        Transfer of Additional or Local Public Holiday - In addition to those public holidays specified in paragraph (b) of subclause (i) of this clause, employees shall be entitled to one extra public holiday each year. Such public holiday is to taken in the Christmas/New Year period or other suitable period, on a date determined by the employer, or on another date where agreed by the parties. Such public holiday shall substitute for any day or half day duly proclaimed and observed as a public holiday within the area in which the employer is situated.

 

23.  Picnic Day

 

(i)         The first Monday in December of each year shall be the Union's Picnic Day.

 

(ii)        All employees shall as far as practical be given and shall take this day as the Picnic Day and shall be paid therefore as for 7.6 hours work at the rate of pay prescribed in clause 6, Wages, with 0.4 of a hour accruing for the allocated day off, on pay.  Any employee required to work on Picnic Day shall be paid at the rate of double time and one-half for all time worked on such day with a minimum payment for four hours work.  Provided that an employee who is required to work on Picnic Day and fails to comply with such requirement shall not be entitled to payment for the day.

 

(iii)       An employer may require from an employee evidence of his/her attendance at the picnic and the production of the butt of a picnic ticket issued for the picnic shall be sufficient evidence of such attendance.  Where such evidence is requested by the employer, payment need not be made unless the evidence is produced.

 

24.  Special Tools, Clothing and Sharpening Tools

 

(i)         The employer shall provide at the place of work a suitable sand grindstone or a carborundum stone for the use of tradespersons.

 

(ii)        Where such a grindstone or carborundum stone is not driven by mechanical power, the employer shall provide assistance in turning the grindstone or carborundum stone.

 

(iii)       Saw sharpening and tool grinding may be done by the employee during the progress of the work.

 

(iv)       Where paragraphs (i) and (ii) of this clause are not observed by the employer, the employer shall pay for or provide for grinding of the tools.

 

(v)        The employer shall provide the following tools and protective clothing when they are required for the work to be performed by the employees:

 

(a)        Bricklayers - Scutch combs: hammers (excepting mash and brick hammers); rubber mallets and T squares.

 

(b)        Carpenters - Dogs and cramps of all descriptions; bars of all descriptions over 61 cm long; augers of all sizes; star bits and bits not ordinarily used in a brace, including dowelling bits; hammers (except claw hammers and tack hammers); glue pots and glue brushes; dowel plates; trammels, hand thumb screws and soldering irons.

 

(c)        Plasterers shall be provided with overalls when required to brush on to walls and ceilings bondcrete, plasterweld, or similar substances.  The approved grass brush to perform the work prescribed in this subclause shall be provided by the employer.

(d)        Plumber - Metal pots; mandrills; long dummies; stock and dies for iron, copper and brass pipes'; cutters; tongs; vices; taps and drills; ratchets; files; cramps, caulking tools; hacksaw and blades; welding and brazing outfits, goggles where necessary and liquid petroleum gas equipment where necessary and all shop tools, the usual kit bag of tools only to be supplied by the employee.

 

(e)        Electricians - An employer shall provide for the use of tradespersons a hacksaw and blades; all power tools; special purpose tools; precision measuring instruments and electrical measuring and/or testing instruments where the use of such equipment is reasonable and necessary.

 

(f)         Painters and Signwriters to be supplied with all brushes.

 

(g)        All power tools shall be provided where in the opinion of the employer they are necessary.

 

(vi)

 

(a)        Clause 24 (vi) shall not apply to employees of the Ambulance Service.

 

(b)        Sufficient, suitable and serviceable protective attire shall be supplied, free of cost to each employee required to wear it, provided that any employee to whom new attire or a part thereof has been supplied by the hospital who, without good reason fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment therefore at a reasonable price in the absence of a satisfactory reason for the loss of such article or failure to produce such attire or part thereof.

 

(c)        An employee on leaving the service of the employer shall return any uniform or part thereof supplied by the employer which is still in use by that employee immediately prior to leaving.

 

(vii)

 

(a)        Clause 24 (vii) shall not apply to employees of the Ambulance Service.

 

(b)        Sufficient, suitable and serviceable overalls or alternative garments, as may be agreed to between tradespersons and the employer, in lieu of overalls, shall be laundered by the employer.

 

(c)        If the overalls or alternative garments of the employee cannot be laundered by or at the expense of the employer, an allowance as set out at Table 3 per week shall be paid to such employee.

 

(d)        Any employee to whom overalls or alternative garments have been supplied by the employer, who, without good reason fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment therefore at a reasonable price in the absence of a satisfactory reason for the loss of such article or failure to produce such attire or part thereof.

 

(e)        An employee on leaving the service of the employer shall return any uniform or part thereof supplied by the employer which is still in use by that employee immediately prior to leaving.

 

(viii)     Ambulance Service Uniform and Protective Clothing.

 

(a)        The Ambulance Service shall provide each new employee with sufficient, suitable and serviceable uniforms as determined by the Ambulance Service.

 

(b)        Uniforms shall be issued to all maintenance officers annually on the employee’s anniversary date.

 

(c)        The issue of uniforms shall be to the value contained in Table 3.

 

(d)        The ambulance service shall provide any other special clothing which the ambulance service requires the employee to wear.

(e)        Articles of special clothing issued under subclause (d) shall be replaced by the Ambulance Service on the basis of sufficient, suitable and serviceable clothing when required.

 

(f)         Articles of special clothing issues under subclause (d) shall remain the property of the Ambulance Service and shall be returned upon the request of the Ambulance Service.

 

(g)        Any request for uniform replacement by the Ambulance Service or the employee will not be reasonably refused.

 

(h)        In the event of any difficulties with the application of the above provisions, the Award ‘Issues Resolution Procedures’ may be utilised.

 

(i)         Where the Ambulance Service elects not to launder, or not to have laundered at its own expense the overall or alternative garments to overalls of maintenance officers, the employee is to be paid the laundry allowance per week as set out in Table 3.

 

(ix)       In the event that it is necessary for an employee in the course of his/her duties to use tools other than those of his/her own trade, such tools shall be supplied by the employer.

 

25.  Climatic and Isolation Allowance

 

(i)         Subject to subclause (ii) of this clause, persons employed in places situated upon or to the west of a line drawn as herein specified shall be paid an allowance as set out at Table 2 (Schedule B) per week in addition to the salary to which they are otherwise entitled. 

 

The line shall be drawn as follows, viz., commencing at Tocumwal and thence to the following towns in the order stated, namely, Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.

 

(ii)        Persons employed in places situated upon or to the west of a line drawn as herein specified shall be paid an allowance as set out at Table 2 (Schedule B) per week in addition to the salary to which they are otherwise entitled.  The line shall be drawn as follows:  commencing at a point on the right bank of the Murray River opposite Swan Hill (Victoria) and thence to the following towns, in the order stated, namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.

 

(iii)       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.

 

26.  Damage to Or Loss of Clothing Or Tools

 

(i)         An employee whose clothing, footwear or tools are spoiled by acids or sulphur, other deleterious substance or fire, due to the circumstances of his/her employment shall be recompensed by his/her employer to the extent of his/her loss.

 

(ii)        The employer shall insure and keep insured, to the extent of the amount set out at Table 3, clothing and tools of employees against loss, destruction or damage by fire, acid or other deleterious substances or breaking and entering whilst securely stored on the employers' premises.

 

(iii)       The employer shall provide at the place of work a suitable and secure weather-proof lock-up solely for the purpose of storing employees tools.  Where such lock-up is not provided and tools are stolen by reason of the employers default he/she shall compensate the employee to the extent of his/her loss.

 

(iv)       The employee shall, if requested to do so, furnish the employer with a list of his/her tools.

 

(v)        The limit on insurance coverage is described in subclause (ii) and prescribed in Table 3. This limit shall not apply to Motor Mechanics employed in the Ambulance Service provided that an agreed list of tools has been provided by the Motor Mechanic and signed by both the Motor Mechanic and the Fleet Manager for the Ambulance Service.

27.  Transport of Employee's Tools

 

(i)         Where an employee in the course of a normal working day is required to travel from one location to another, or from place to place outside of workplace precincts the employer shall provide transport for the employee and all necessary tools of trade.  However, should the employee, with the approval of the employer, use his/her/her own means of transport then they shall be entitled to a Transport Allowance in accordance with those prescribed from time to time by the Public Employment Office.

 

(ii)        On termination of employment of an employee leaving the employer's premises by public transport, the employer shall provide transport for the employee's tools to the nearest public conveyance except where the employee gives notice or is dismissed for misconduct.

 

28.  Annual Leave

 

(i)         All employees:  See Annual Holidays Act 1944.

 

(ii)        Where an employee's allocated day off duty, on pay, falls due during a period of annual leave such day shall be taken on the next working day immediately following the period of annual leave.

 

(iii)

 

(a)        Employees who are rostered to work their ordinary hours on Sundays and/or public holiday during a qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave as follows:

 

(1)        if 35 ordinary shifts on such days have been worked - one week (five working days);

 

(2)        if less than 35 ordinary shifts on such days have been worked and the employees work 38 hours per week - proportionately calculated on the basis of 38 hours' leave for 35 such shifts worked;

 

(3)        if less than 35 ordinary shifts on such days have been worked and the employees work less than 38 hours per week - proportionately calculated on the basis of leave equivalent to the number of hours ordinarily worked per week for 35 such shifts worked.  The calculations referred to above shall be made to the nearest one-fifth of the ordinary hours (38 hours) worked, half or more than half of one-fifth being regarded as one-fifth and less than half being disregarded.

 

(b)        Provided further that on termination of employment shift workers shall be entitled to payment for any untaken annual leave due under this subclause (on the basis of 7.6 hours per day) together with payment for any untaken annual leave in respect of an uncompleted year of employment.

 

(iv)       The employer shall give to each employee three months' notice where practicable and not less than one month's notice of the date upon which the employee shall enter upon annual leave.

 

(v)        A shift worker shall be paid, whilst on annual leave his/her ordinary pay plus shift allowance and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave.  Provided that shift allowances and weekend penalties shall not be payable for the allocated day off duty on pay which may fall on the first day off duty in the annual leave period or for public holidays which occur during the period of annual leave or for days which have been added to the annual leave in accordance with the provisions of clause 22, Public Holidays.

 

(vi)       Employees shall be entitled to an annual leave loading of 17? per cent, or shift penalties as set out in subclause (v) of this clause, whichever is the greater.

 

The conditions relating to the grant of leave loading are set out in the Corporation's Determination No. 2 of 1975, dated 11 February, 1975.

 

29.  Long Service Leave

 

(i)

 

(a)        Each employee shall be entitled to two months' long service leave on full pay after ten years' service; thereafter additional long service leave shall accrue on the basis of five months' long service leave for each ten years' service.

 

(b)        Where the services of an employee with at least five years' service and less than ten years' service are terminated by the employer for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two months' long service leave for ten years' service.

 

(ii)        For the purposes of subclause (i) of this clause:

 

(a)        service shall mean continuous service in one or more hospitals/Ambulance Service.  For the purpose of this paragraph, continuous service shall have the same meaning as in the Transferred Officers Extended Leave Act 1961;

 

(b)        broken periods of service in one or more hospitals/Ambulance Service shall count as service subject to the following:

 

(1)        where an employee, after ceasing employment in a hospital/Ambulance Service, is re-employed in a hospital/Ambulance Service subsequent to 1st January, 1973, any service of that employee before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to that employee in respect of his/her service after he/she was so re-employed unless he/she has completed at least five years' continuous service from the date of his/her being so re-employed.

 

(2)        an employee employed in a hospital/Ambulance Service at the 1st January, 1973, but who was not entitled to count broken service under the provisions of the Award in force prior thereto shall not be entitled to count such broken service until he/she has completed at least five years' continuous service from the date upon which he/she commenced his/her current period of employment.

 

(3)        an employee employed in a hospital/Ambulance Service at the 1st January, 1973, and who was entitled to count broken service under the provisions of the Award in force prior thereto shall be entitled to count such broken service prior to 1st January, 1973.

 

(c)        service shall not include any period of leave without pay except in the case of employees who have completed at least ten years' service (any period of absence without pay being excluded therefrom) in which case service shall include any period of leave without pay not exceeding six months taken after the 1st January, 1973.

 

(iii)       Long service leave shall be taken at a time mutually arranged between the employer and the employee.

 

(iv)

 

(a)        On the termination of employment of an employee otherwise than by his/her death, an employer shall pay to the employee the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the employee at the date of such termination; provided that where an employee is transferring between hospitals and or Ambulance/Service he/she may, if he/she so desires and by agreement with his/her present employer and his/her proposed employer, be allowed to retain his/her credit to long service leave in lieu of payment of the monetary value under this subclause.

 

(b)        Where an employee who has acquired a right to long service leave, or after having had five years' service and less than ten years' service, dies, the widow or widower, the children of such employee, of if there is not such widow, widower or children such person who, in the opinion of the employer was at the time of the death of such employee, a dependent relative of such employee, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such employee had his/her services terminated as referred to in paragraph (b) of subclause (i) and such monetary value shall be determined according to the salary payable to the employee at the time of his/her death.

 

Where there is a guardian of any children entitled under this paragraph the payment, to which such children are entitled, may be made to such guardian for their maintenance, education and advancement.

 

Where there is no person entitled under this paragraph to receive the monetary value of any leave payable under the foregoing provisions payment in respect thereof shall be made to the legal personal representative of such employee.

 

(v)        Except as provided for in subclause (vi) of this clause, rights to long service leave under this clause shall be in replacement of rights to long service leave, if any, which at the date of commencement of this Award may have accrued or may be accruing to an employee and shall apply only to persons in the employ of the employer on or after the date of commencement of this Award.  Where an employee has been granted long service leave or has been paid its monetary value prior to the date of commencement of this Award, the employer shall be entitled to debit such leave against any leave to which the employee may be entitled pursuant to this clause.

 

(vi)       An employee who is employed in a hospital, to which Clause 25 Climatic and Isolation Allowance applies as at the 1st January, 1973, shall be granted long service leave in accordance with the long service leave provisions in force prior to the 1st January, 1973, in lieu of the provisions provided by this Award, where such benefits are more favourable to the employee.

 

(vii)

 

(a)        Where an employee has accrued the right to an allocated day off duty, on pay, prior to entering on a period of long service leave, such day shall be taken on the next working day immediately following the period of long service leave.

 

(b)        In all other circumstances the accrued time in credit (accumulated at 0.4 of one hour for each day worked in the 20 day work cycle immediately preceding the leave) shall count towards payment for the next allocated day off duty, on pay, occurring in sequence after the employee's return to duty.

 

(c)        Provided further that no accrual of 0.4 of an hour shall be attracted to the paid days off during the period of long service leave and such days shall be paid for at the rate of 7.6 hours per day.

 

Notwithstanding the foregoing the employee on returning to duty from long service leave shall be given his/her next allocated day off duty, on pay, in sequence irrespective of whether sufficient credits have been accumulated or not.

 

30.  Sick Leave

 

(i)

 

(a)        A full-time employee shall be entitled to sick leave on full pay calculated by allowing eighty ordinary hours off work for each year of continuous service up to 24 May 1982, and 76 ordinary hours thereafter for each further year of continuous service provided that for the purpose of determining an employee's sick leave credits as at 24 May 1982, sick leave in hand shall be proportioned on the basis of 80:76 and henceforth each day's absence shall be deducted at 7.6 hours.

(b)        Employees of the Ambulance Service who (as at 27 March 2000) were accruing sick leave at the rate of 15 days per annum will continue to do so. This accrual is specific to those employees on a personal basis and will not flow to any other employees.

 

(c)        All periods of sickness shall be certified to by the Medical Superintendent, or 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 (2) consecutive days or where in the employer's opinion the circumstances are such as not to warrant such requirements.

 

(d)        The employer shall not change the rostered hours of work of an employee, fixed by the roster or rosters applicable to the employee, seven days immediately following the commencement of sick leave merely by reason of the fact that the employee is on sick leave.

 

(e)        An employee shall not be entitled to sick leave until after three months' continuous service.

 

(f)         Service for the purpose of this clause shall mean service in a public hospital/Ambulance Service and shall be deemed to have commenced on the date of engagement by a public hospital/Ambulance Service in respect of any period of employment with that hospital/Ambulance Service.

 

(g)        "Continuous Service" for the purposes of this clause, shall be calculated in the same manner as provided under paragraph (a) of subclause (ii) of clause 29, Long Service Leave, excepting that all periods of service in any hospital/Ambulance Service (providing such service is not less than three months' actual service) shall be counted.

 

(h)        Each employee shall take all reasonably practicable steps to inform the employer of his/her inability to attend for duty and as far as possible state the estimated duration of the absence.  Where practicable such notice shall be given within twenty-four hours of the commencement of such absence.

 

(ii)        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, an employer shall pay to an employee, who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay.  The employee's sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by the proportion of hours which the difference bears to full pay.  On the expiration of available sick leave, weekly compensation payments only shall be payable.

 

31.  Miscellaneous Leave Conditions

 

(i)         Employees shall be granted Parental Leave in accordance with Health Department Circular No. 98/93, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

(ii)        Employees shall be granted Repatriation Leave in accordance with Health Department Circular No. 1732 of 1968, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

(iii)       Employees shall be granted Study Leave in accordance with Health Department Circular 98/102, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

(iv)       Employees shall be granted Military Leave in accordance with Health Department Circular No. 1512 of 1965, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

(v)        Employees shall be granted Personal Carers and FACS (Family and Community Services) Leave in accordance with Health Department Circular No 97/11, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

(vi)       Employees shall be granted severance pay in accordance with the Health Department Circular 98/47, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

32.  Issues Resolution Procedures

 

The parties agree that every effort will be made to settle any grievance or dispute amicably between the parties as quickly as possible and that they will comply with the following procedures:

 

(i)         When any dispute develops at a particular work place which cannot be resolved, discussion should firstly take place between the employee/s and the immediate supervisor to try and resolve the matter. If it cannot be resolved at this level then:

 

(ii)        The matter should be raised with the supervisor by the employee/s or their union representative, if it cannot be resolved then:-

 

(iii)       Discussions shall include representatives of senior management of the Area  Health Service and relevant union/s, if it cannot be resolved, then:-

 

(iv)       When all the above steps have been exhausted, either party may submit the dispute to the Industrial Relations Commission which may exercise its functions under the Industrial Relations Act 1996.

 

(v)        Nothing in these procedures will preclude the Area Health Service and any union concerned from entering into direct negotiations in any matter. Nor will these procedures preclude an Area Health Service or relevant union from seeking the assistance of the Industrial Relations Commission on any health or safety issue of concern to the employees in question.

 

(vi)       The parties agree that during these procedures normal work will continue and there will be no stoppages of work, lockouts, or any other bans or limitations on the performance of work.  An Area Health Service will consult with relevant unions in relation to any proposal that work done in the Health Service by tradespersons covered by this Award be contracted out.

 

33.  Living Away from Home Allowance

 

(i)         Where an employee is required to work at a place other than his/her/her normal place of work and the distance or travelling facilities make it reasonably necessary for the employee to temporarily reside at other than his/her/her normal residential accommodation the employer shall provide suitable free accommodation and meals for the employee or pay an allowance as set out at Table 3 per day.  Where two or more employees are involved then uniformity of application of this provision shall prevail unless an employee or employees request otherwise.

 

(ii)        All fares and travelling expenses involved in conveyance of the employee and his/her/her tools of trade to or from such temporary places of residence shall be paid by the employer:  Provided no fares or expenses shall be paid where:

 

(a)        An employee travels to or from such place of temporary residence without the approval of the employer or

 

(b)        the employee terminates his/her/her own employment or is dismissed by the employer for gross or wilful misconduct.

 

(iii)       Time spent in travelling (outside normal working hours) to or from temporary places of residence shall be paid for at ordinary rates of pay provided that no employee shall receive payment for more than eight hours travelling time on any one day irrespective of whether work has been performed on that day or not.

 

34.  Exhibition of Award

 

See section 361 of the Industrial Relations Act 1996, which provides for the exhibition of industrial instruments in the workplace.

 

35.  Consultative Committees

 

Each Area Health Service and the Ambulance Service shall establish a Trades Staff Consultative Committee (the Committee) on the following basis:

 

The Committee will consist of an equal number of representatives nominated by the employer and representatives of the tradespersons covered by this Award as nominated by the Unions.

 

The Committee is intended by the parties to advise and assist the statewide Productivity Savings Committee on all productivity savings issues and provide a local forum for information exchange and consultation. To these ends, the Committee will meet during normal working hours as often as is reasonably required.

 

Union officials and other management employees can be invited to attend meetings on an ad hoc basis where it is considered appropriate by either employee or employer representatives on the Committee. However, such attendance will not constitute membership of the Committee.

 

The parties intend that the operation of the Committee will in no way diminish the rights and obligations of the parties in relation to Award Issues Resolution Procedures. The Committee may participate in the resolution of industrial issues the subject of Award Issues Resolution Procedures where it is of the view that it is reasonable to do so and provided that such participation shall not prejudice the rights of any party.

 

36.  Union Dues

 

Subject to an employee's written authorisation, the employer will automatically deduct union dues from the pay of union members, subject to current payroll practice and restrictions.

 

37.  Rights of Union Delegates

 

An employee appointed as union delegate shall, upon notification to the employer, be recognised as an accredited representative of the union and shall be allowed reasonable time during working hours to interview the employer (or representative) on matters affecting those he/she represents.

 

38.  Anti-Discrimination

 

(i)         It 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 and age.

 

(ii)        It follows that in fulfilling their obligations under the Issues Resolution Procedure prescribed by this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(iii)       Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(v)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

39.  No Extra Claims

 

The parties agree that the increases contained in this Award fully recognise all work value changes up to and including 1 July 2000.

 

During the life of this Award, no wages or other claims may be made, except if expressly provided for or otherwise agreed between the parties.

 

40.  Leave Reserved

 

During the term of this Award, application to the Industrial Relations Commission of New South Wales may be made from time to time to increase Expense Related Allowances to reflect relevant movements in the CPI, following movements in the Crown Employees (Skilled Trades) Award.

 

41.  Area, Incidence and Duration

 

This Award shall apply to employees (and apprentices where specifically referred to) of the classifications mentioned in clause 2, Definitions who are employed by "Area Health Services" as defined in this Award and also the Ambulance Service of New South Wales. Such employment being within the state of New South Wales, excluding the County of Yancowinna, within the jurisdiction of the Public Hospitals Skilled Trades Industrial Committee.

 

This award rescinds and replaces the Public Hospitals Skilled Trades (State) Award and The Ambulance Service of New South Wales Maintenance Officers - Enterprise Agreement and all variations thereof, and will apply on and from 16 October 2001 and shall remain in force until 30 June 2002.

 

PART B

 

MONETARY RATES

 

Table 1 (Schedule A)

Weekly Wages - and Tool Allowances from 1 July 2000

 

Each date referred to in the table is a reference to the first full pay period to commence on or after that date.

 

The effective date for the rates in the table below has not been awarded by the Industrial Relations Commission of NSW. It will be implemented by administrative action in accordance with an agreement between the parties.

 

(Note: Excepting for Electrical Trades classifications, Tool Allowances are expense related allowances).

	Weekly Wage		Weekly Wage		Weekly		Weekly		Tool
	Level 1		Level 2		Wage		Wage		Allowance
Description	from		(Level 1		Level 3		Level 4		from
	1/7/2000		plus 5%)		(Level 1		(Level 1		11/9/01
			from		plus 10%		plus 15%)
			1/7/2000		from		from
					1/7/2000		1/7/2000
Fitter, Motor Mechanic and
Welder First Class	584.70		613.90		643.20		672.40				20.90
Mechanical Tradesperson Special Class is paid as Fitter/Motor Mechanic Level 2 plus Tool Allowance
From 1/7/97 and thereafter.
Welder Special Class is paid as Welder 1st Class plus Additional Wage Rates plus Tool Allowance.
Plumber		590.20		619.70		649.20		678.70		20.90
Plumbers acting on Plumbers/Drainers/Gasfitters licences and combinations are paid as Plumber plus
Additional Wage Rates plus Tool Allowance.
Carpenter		586.20		615.50		644.80		674.10		20.90
Painter/Spray Painter		586.20		615.50		644.80		674.10		5.20
Signwriter		599.30		629.30		659.20		689.20		5.20
Plasterer		586.20		615.50		644.80		674.10		17.20
Floor/Wall Tiler and Bricklayer		586.20		615.50		644.80		674.10		14.80
Upholsterer		605.70		636.00		666.30		696.60		5.80
Blindmaker		581.60		610.70		639.80		668.80		5.80
Electrical Tradesperson		620.40		651.40		682.40		713.50		Table 2
Electrical Instrument Fitter		649.90		682.40		714.90		747.40		Table 2
Elec Fitter & Asst to Chief Eng.-Syd Hosp/Elec Fitter & Asst to Chief Eng - Other Hosp/Plant
Electrician/Electrician in Charge of Generating Plant are paid as Electrical Tradesperson plus Additional
Wage Rates plus Tool Allowance
Sci. Instrument Maker and Tool
Maker		604.10		634.30		664.50		694.70		20.90

 

Table 1 (Schedule B)

Weekly Wages - and Tool Allowances from 1 July 2001

 

Each date referred to in the table is a reference to the first full pay period to commence on or after that date.

 

The effective date for the rates in the table below has not been awarded by the Industrial Relations Commission of NSW. It will be implemented by administrative action in accordance with an agreement between the parties.

(Note: Excepting for Electrical Trades classifications, Tool Allowances are expense related allowances).

 

	Weekly	Weekly	Weekly	Weekly	Tool
	Wage	Wage	Wage	Wage	Allowance
Description	Level 1	Level 2	Level 3	Level 4	from
	From	(Level 1	(Level 1	(Level 1	11/9/01
	1/7/2001	plus 5%)	plus 10%	plus 15%)
		from	from	from
		1/7/2001	1/7/2001	1/7/2001
Fitter, Motor Mechanic and Welder
First Class	596.40	626.20	656.00	685.90		20.90
Mechanical Tradesperson Special Class is paid as Fitter/Motor Mechanic Level 2 plus Tool Allowance
from 1/7/97 and thereafter.
Welder Special Class is paid as Welder 1st Class plus Additional Wage Rates plus Tool Allowance.
Plumber	602.00	632.10	662.20	692.30	20.90
Plumbers acting on Plumbers/Drainers/Gasfitters licences and combinations are paid as Plumber plus
Additional Wage Rates plus Tool Allowance.
Carpenter	597.90	627.80	657.70	687.60	20.90
Painter/Spray Painter	597.90	627.80	657.70	687.60	5.20
Signwriter	611.30	641.90	672.40	703.00	5.20
Plasterer	597.90	627.80	657.70	687.60	17.20
Floor/Wall Tiler and Bricklayer	597.90	627.80	657.70	687.60	14.80
Upholsterer	617.80	648.70	679.60	710.50	5.80
Blindmaker	593.20	622.90	652.50	682.20	5.80
Electrical Tradesperson	632.80	664.40	696.10	727.70	Table 2
Electrical Instrument Fitter	662.90	696.00	729.20	762.30	Table 2
Elec Fitter & Asst to Chief Eng.-Syd Hosp/Elec Fitter & Asst to Chief Eng - Other Hosp/Plant
Electrician/Electrician in Charge of Generating Plant are paid as Electrical Tradesperson plus Additional
Wage Rates plus Tool Allowance
Sci. Instrument Maker and Tool
Maker	616.20	647.00	677.80	708.60	20.90

 

Table 2 (Schedule A)

Additional and Special Rates/Allowances from 1 July 2000

 

The effective date for the Additional and Special Rates/Allowances in this Schedule A were not awarded by the Industrial Relations Commission of NSW. It will be implemented by administrative action in accordance with an agreement between the parties.

 

The date referred to in this Table is a reference to the first full pay period to commence on or after that date.

 

Clause	Allowance Type	Operative date of
		1/7/2000
7(i)	Electricians License
	Grade A	28.25
	Grade B	15.40
7(ii)	Lead Burner	0.58
7(iii)	Plumbers - combination of licenses
	Plumbers license	28.05
	Gasfitters license	28.05
	Drainers license	22.85
	Plumbers & gasfitters license	37.03
	Plumbers & drainers license	37.03
	Gasfitters & drainers license	37.03
	Plumbers, gasfitters & drainers license	51.61
7(iv)	Plumbers/Gasfitters/Drainers
	Reg. Cert	0.55
7(v)	Electric Welding	0.44
7(vi)	Computing Quantities	3.53
7(vii)	Boiler Attendants Certificate	4.36
7(viii)	BMC Operator	22.64
7(ix)	Motor Mechanic	0.45
	Motor Mechanic per day	1.80
7(x)	Out of hours paging	9.01
7(xi)	Elec Fitter & Asst to Chief Eng.-Sydney Hospital	39.88
	Elec Fitter & Asst to Chief Eng.-Other Hosp.	31.82
	Electrician in Charge of Generating Plant less than 75 kilowatts.	11.73
	Electrician in charge of Generating Plant 75 Kilowatts or more	40.70
	Plant Electrician	38.25
7(xii)	Welder Special Class	7.28
8	Tool Allowance - Electrical Trades	11.63
9(i)(b)	Leading Hand Electrician	38.25
9(ii)	Leading Hand - Other than Electricians
(a)	I/C up to 5 employees	29.17
(b)	I/C 6 up to 10 employees	38.15
(c)	I/C over 10 employees	48.86
10(i)	Cold Place	0.46
10(ii)	Confined Spaces	0.55
10(iii)	Dirty Work	0.46
10(iv)	Height Money	0.46
10(v)	Hot Places - 46C - 54C	0.46
	Hot Places - more than 54C	0.55
10(vi)(a)	Insulation Material	0.55
10(vi)(b)	Asbestos	0.55
10(vii)	Smoke Boxes etc	0.33
	Oil fired Boiler	1.15
10(viii)(a)(1)	Wet Places - other than rain	0.46
10(viii)(a)(2)	Rain	0.46
10(viii)(b)	Mud Allowance	3.58
10(ix)(a)(b)	Acid Furnaces etc.	2.36
10(x)	Depth Money	0.46
10(xi)(a)	Swing Scaffolds other than plasterers
	First four  hours	3.34
	Thereafter	0.71
10(xi)(b)	Swing Scaffolds - plasterers	0.11
10(xii)	Spray Application	0.46
10(xiii)	Working Secondhand timber	1.79
10(xiv)	Roof Work	0.46
10(xv)	Explosive Powered Tools	1.10
10(xvi)	Morgues	0.52
10((xvii)(a)	Toxic, Obnox - Epoxy Materials	0.55
10(xvii)(b)	Toxic, Obnox Sub A/C not operating	0.39
10(xvii)(d)	Close proximity to above	0.46
10(xviii)	Psychiatric Patients (PH Ward)	0.39
10(xix)	Animal House	0.32
10(xxi)	Asbestos Eradication	1.55
10(xxiii)(a)	Psychiatric Hospitals	0.90
10(xxiii)(b)	Geriatric Allowances
	Allandale/Garrawarra	0.32
	Lidcombe (former)	0.30
11	Thermostatic Mixing Valve	15.37
12	Chokages	5.36
13	Fouled Equipment	5.36
25(i)	Climatic and Isolation Allowance	5.08
	Climatic and Isolation Allowance	10.19

 

Table 2 (Schedule B)

Additional and Special Rates/Allowances from 1 July 2001

 

The effective date for the Additional and Special Rates/Allowances in this Schedule A were not awarded by the Industrial Relations Commission of NSW. It will be implemented by administrative action in accordance with an agreement between the parties.

 

The date referred to in this Table is a reference to the first full pay period to commence on or after that date.

 

Clause	Allowance Type	Operative date
		of 1/7/2001
7(i)	Electricians License
	Grade A	28.82
	Grade B	15.71
7(ii)	Lead Burner	0.59
7(iii)	Plumbers - combination of licenses
	Plumbers license	28.61
	Gasfitters license	28.61
	Drainers license	23.30
	Plumbers & gasfitters license	37.77
	Plumbers & drainers license	37.77
	Gasfitters & drainers license	37.77
	Plumbers, gasfitters & drainers license	52.64
7(iv)	Plumbers/Gasfitters/Drainers
	Reg. Cert	0.56
7(v)	Electric Welding	0.45
7(vi)	Computing Quantities	3.60
7(vii)	Boiler Attendants Certificate	4.44
7(viii)	BMC Operator	23.09
7(ix)	Motor Mechanic	0.46
	Motor Mechanic per day	1.83
7(x)	Out of hours paging	9.19
7(xi)	Elec Fitter & Asst to Chief Eng.-Sydney Hospital	40.68
	Elec Fitter & Asst to Chief Eng.-Other Hosp.	32.46
	Electrician in Charge of Generating Plant less than 75 kilowatts.	11.96
	Electrician in charge of Generating Plant 75 Kilowatts or more	41.51
	Plant Electrician	39.02
7(xii)	Welder Special Class	7.43
8	Tool Allowance - Electrical Trades	11.86
9(i) (b)	Leading Hand Electrician	39.02
9(ii)	Leading Hand - Other than Electricians
(a)	I/C up to 5 employees	29.75
(b)	I/C 6 up to 10 employees	38.91
(c)	I/C over 10 employees	49.84
10(i)	Cold Place	0.47
10(ii)	Confined Spaces	0.56
10(iii)	Dirty Work	0.47
10(iv)	Height Money	0.47
10(v)	Hot Places - 46ºC - 54ºC	0.47
	Hot Places - more than 54ºC	0.56
10(vi)(a)	Insulation Material	0.56
10(vi)(b)	Asbestos	0.56
10(vii)	Smoke Boxes etc	0.34
	Oil fired Boiler	1.17
10(viii)(a)(1)	Wet Places - other than rain	0.47
10(viii)(a)(2)	Rain	0.47
10(viii)(b)	Mud Allowance	3.65
10(ix)(a)(b)	Acid Furnaces etc.	2.40
10(x)	Depth Money	0.47
10(xi)(a)	Swing Scaffolds other than plasterers
	First four hours	3.40
	Thereafter	0.72
10(xi)(b)	Swing Scaffolds - plasterers	0.11
10(xii)	Spray Application	0.47
10(xiii)	Working Secondhand timber	1.82
10(xiv)	Roof Work	0.47
10(xv)	Explosive Powered Tools	1.12
10(xvi)	Morgues	0.53
10((xvii)(a)	Toxic, Obnox - Epoxy Materials	0.56
10(xvii)(b)	Toxic, Obnox Sub A/C not operating	0.40
10(xvii)(d)	Close proximity to above	0.47
10(xviii)	Psychiatric Patients (PH Ward)	0.40
10(xix)	Animal House	0.32
10(xxi)	Asbestos Eradication	1.58
10(xxiii)(a)	Psychiatric Hospitals	0.92
10(xxiii)(b)	Geriatric Allowances
	Allandale/Garrawarra	0.33
	Lidcombe (former)	0.31
11	Thermostatic Mixing Valve	15.68
12	Chokages	5.46
13	Fouled Equipment	5.46
25(i)	Climatic and Isolation Allowance	5.18
	Climatic and Isolation Allowance	10.39

 

Table  3 (Schedule A)

Expense Related Allowances (Excluding Tool Allowances)

From the First Full Pay Period to Commence on Or After 11 September 2001

 

Award Clause	Allowance Description	Dollar ($)
5 (viii)	Meal allowance for meal on overtime	15.70
	For each subsequent meal	6.80
14(a)	Employee required to work at a job away from accustomed
	place of work	14.90 per day
24 (vii) (b)	Laundry Allowance	80 cents per week
26 (ii)	Damage to clothing and tools - insurance to the extent of	1176.70
33	Living away from home allowance	305.90 per week or
		43.70 daily
24 (viii)	Ambulance Service - uniform provided up to the value of	280 per annum

 

Table 4 (Schedule A)

Apprentices Wages and Allowances from 1 July 2000

 

The date referred to in this table is a reference to the first full pay period to commence on or after that date.

 

Apprentice	1st Year from	2nd Year from	3rd Year from	4th Year
Weekly	1/7/2000	1/7/2000	1/7/2000	from
Wages				1/7/2000
Plumber,	255.20	338.90	438.00	506.40
Fitter,
Electrician,
Carpenter,
Painter, Motor Mechanic
and Bricklayer
Passing Exams - $ per week		1st year	2nd year	3rd year
		1.00 unchanged	2.90	3.90
Tool Allowances for Apprentices are the same as those of the corresponding Tradesperson at Table 1,
except for Apprentice Electricians, who shall be paid the Tool Allowance for Electrical Traces at Table 2.
Other Allowances at Table 2, which are relevant to Apprentices (disability allowances etc), will also apply

 

Table 4 (Schedule B)

Apprentices Wages and Allowances from 1 July 2001

 

The date referred to in this table is a reference to the first full pay period to commence on or after that date.

 

 

Apprentice	1st Year from	2nd Year from	3rd Year from	4th Year from
Weekly	1/7/2001	1/7/2001	1/7/2001	1/7/2001
Wages
Plumber,	260.30	345.70	446.80	516.50
Fitter,
Electrician,
Carpenter,
Painter, Motor Mechanic
and Bricklayer
Passing Exams - $ per week		1st year	2nd year	3rd year
		1.00 unchanged	3.00	4.00
Tool Allowances for Apprentices are the same as those of the corresponding Tradesperson at Table 1,
except for Apprentice Electricians, who shall be paid the Tool Allowance for Electrical Traces at Table 2.
Other Allowances at Table 2, which are relevant to Apprentices (disability allowances etc), will also apply

 

Appendix 1

 

Funding Agreement Between the Combined Trades Group of Unions and the NSW Department of Health.

 

The following principles of funding are agreed between the combined trades group of unions (Trades) and NSW Department of Health (NSW Health) in respect of wage variations for NSW  public hospital skilled trades employees covered by the Public Hospital Employees Skilled Tradesmen (State) Award.

 

1.          The term of the agreement will be 1 July 1996 until 30 June 1998. During the term of the agreement, no wages or other claims may be made, except if expressly provided for or otherwise agreed by the parties.

 

2.          The term of the Award made as a consequence of this agreement will be from the date such Award is made to 30 June 1998. 

 

3.          Agreement has been reached between the parties that 10% is available for pay increases to employees covered by the Public Hospital Employees Skilled Tradesmen (State) Award, subject to the conditions regarding productivity savings and timeframes following.

 

4.          From the first full pay period to commence on or after the specified dates, the following base increases will apply in exchange for the commitment by Trades to work co-operatively in identifying and, where agreed, implementing initiatives and reforms in the areas of quality, efficiency, cost effectiveness, productivity improvement and benchmarking.

 

Such increases fully funded by Consolidated Fund:

 

(i)         1 July 1996..........3%

 

(ii)        1 July 1997..........3%

 

5.          In addition to increases funded by the Consolidated Fund, productivity savings adjustments will be available from the first full pay period to commence on or after the specified dates, provided agreement has been reached or arbitration completed in terms of clauses 7, 8, and 9 as follows:

 

(i)         1 July 1997..........up to 2%

 

(ii)        30 June 1998........up to 2%

 

6.          In aggregate, increases will be available from the first full pay period to commence on or after the following dates, provided agreement has been reached or arbitration completed in terms of clauses 7, 8 and 9 as follows:

 

(i)         1 July 1996..........3%

(ii)        1 July 1997..........up to 5%

 

(iii)       30 June 1998........up to 2%

 

7.          In relation to clause 5, both productivity savings adjustments will be funded in their entirety by productivity savings which enable the increases to be funded on an ongoing basis, without any adverse impact on the Health budget or the planned outcomes of the Government's Health Reform Agenda, with the assessment of NSW Treasury of budgetary impacts treated as conclusive, where such assessments are required.

 

The final quantum of productivity savings adjustments (up to 2% each) will be subject to the level of productivity savings determined. NSW Health and Trades agree that initiatives which achieve productivity savings should be determined by 30 May 1997 and 15 May 1998 respectively.

 

Productivity savings adjustments may only be paid pursuant to clause 5 and included in the Award when agreement has been reached or the arbitration process completed as per clause 8 below.

 

If the parties agree on, or the arbitration process as per clause 8 below determines, productivity savings in excess of the amount required to fund a productivity savings adjustment of 2% pursuant to clause 5 (i), the excess productivity saving will count toward the productivity savings adjustment of up to 2% pursuant to clause 5 (ii).

 

8.          In the event that agreement cannot be reached on productivity savings/productivity savings adjustments by 30 May 1997 and 1998 respectively, the parties may agree to employ the process of arbitration and jointly appoint an independent arbitrator to determine the productivity savings/productivity savings adjustments. In the event that the parties cannot reach agreement on the identity of the arbitrator, the arbitrator will be such person appointed by the President of the Industrial Relations Commission.

 

In making a determination on productivity savings/productivity savings adjustments referred to in clauses 7 and 9, the arbitrator:

 

can only have regard to the proposals submitted by NSW Health and/or by Trades or such other proposals that are developed in negotiation with these parties;

 

must ensure that the productivity savings do produce direct and commensurate financial benefits that enable wage increases to be funded on an ongoing basis, without any adverse impact on the Health Budget or the planned outcomes of the Governments Health Reform Agenda, with the assessment of NSW Treasury of budgetary impacts treated as conclusive, where such assessments are required;

 

can identify various options at different levels of productivity savings for consideration by the parties and seek to achieve agreement on the preferred option, while having the right to make the final decision on the form of productivity savings in the absence of agreement.

 

9.          Approach to agree on productivity savings:-

 

9.1        Where Trades/NSW Health have identified across the board savings, this will be agreed at a corporate level. The parties will seek clarification from Health Areas on the extent of savings.

 

9.2        Where Trades/NSW Health have devolved savings specific to a particular Area which may not have statewide implications, this will require initial advice from Health Areas as to the extent of savings.

 

Signatories

 

.......................................................................

Michael Reid, Director-General NSW Health

 

Witness:

 

......................................................................

For the Construction, Forestry, Mining, Energy Union, New South Wales Branch

 

Witness:

 

......................................................................

Electrical Trades Union of Australia, New South Wales Branch

 

Witness:

 

.....................................................................

Plumbers and Gasfitters Employees Union, New South Wales Branch

 

Witness:

 

.....................................................................

Australian Manufacturing Workers Union (NSW registered as AFMEPKIU)

 

Witness:

 

Appendix 2

 

Health Administration Corporation And Skilled Trades Group of Unions

 

Productivity - NSW Public Health System Memorandum of Understanding

 

Introduction

 

This document is a Memorandum of Understanding between:

 

The Health Administration Corporation and:

 

Construction, Forestry, Mining, Energy Union. (CFMEU) New South Wales Branch; Electrical Trades Union of Australia. New South Wales Branch; Plumbers and Gasfitters Employees Union. New South Wales Branch; Australian Manufacturing Workers Union (NSW registered as AFMEPKIU).

 

The document describes the understanding of the parties as to the nature and impact of current and impending productivity improvements across the NSW public hospital system and contains a commitment to cooperate to achieve mutually beneficial outcomes in terms of more effective and efficient service delivery.

 

Definitions:

 

For the purpose of this document the following definitions apply:

 

"the Corporation" means the Health Administration Corporation constituted under the provisions of the Health Administration Act 1982.

 

"Trades" means the four unions representing skilled trades staff in the public hospital system being:

 

Construction, Forestry, Mining, Energy Union, New South Wales Branch;

Electrical Trades Union of Australia, New South Wales Branch;

Plumbers and Gasfitters Employees Union, New South Wales Branch;

Australian Manufacturing Workers Union (NSW registered as AFMEPKIU)

 

"the parties" means the Corporation and the Trades.

the "Funding Agreement" means the document agreed between the parties for skilled tradespersons in the public hospital system which defines salary increases to be paid to employees and the funding of these increases by NSW Treasury or by Productivity Savings (Attachment 1).

 

Background:

 

The Corporation and the Trades have signed the Funding Agreement providing for increases in remuneration for their members, and employees in classifications for which the Trades has coverage.

 

The Funding Agreement includes components for the flow of two productivity savings increases in remuneration to skilled trades staff employed under the Public Hospital Employees Skilled Trades (State) Award of up to 4%.The parties agree that a 4% increase will be prospectively payable from the first full pay period to commence on or after 1 July 1998, which is based upon the realisation of agreed productivity savings.  These additional payments must be self-funding.

 

The Understanding:

 

The parties acknowledge and accept the importance of continuous improvement in the management and delivery of health services.  The principles of total quality management, eg benchmarking and best practice, are accepted as mechanisms for continuous improvement.

 

The parties acknowledge that productivity improvements will generate financial savings.  Such savings should be shared in terms of the Government's Public Sector Wages Policy with the distribution of these benefits between service provision (the interest of consumers), lower cost of services (the interest of tax payers) and improved remuneration (the interest of employees).

 

In the event of any conflict arising between the Funding Agreement and this Memorandum of Understanding, the latter shall take precedence.

 

The parties acknowledge and agree that this Memorandum of Understanding is entered to express the joint intention of the parties but it is not intended to and does not give rise to contractual relations.

 

The parties agree that they enter this Memorandum of Understanding with the view to promoting equity, efficiency and effectiveness in the provision of public health services and access by the community to health services, as well as improving remuneration for employees of Health Services.

 

The Continuous Improvement Program:

 

It is understood by the parties that the "Productivity Savings" component of increased remuneration will be funded from an agreed share of savings resulting from Trades co-operation in respect of each component of the Continuous Improvement Program.

 

The components of the program are:

 

Improved Efficiency

Service Delivery Redesign

Technological Change

Cost Effectiveness (Service Competition)

Networking of Non-core Services

Revenue Initiatives

 

Improved Efficiency:

 

The NSW Government's "Economic Statement for Health" of June 1996 commits the Government to reforming the mechanisms Health Services use to fund their health facilities through the introduction of casemix budgeting. Casemix is a tool in the management of services, the development of budgets and evaluation of quality.

 

The parties acknowledge that the following options will be explored by Health Services under casemix budgeting to realise efficiencies:

 

rationalisation of size and distribution of inpatient facilities;

re-definition of roles of acute inpatient facilities, consistent with improved service delivery;

staffing reviews (including the ratio of trades staff to trades apprentices);

change in approach to the use of theatres, pathology and imaging services;

reduced length of stay;

expanded use of day only surgery;

greater productivity of information technology, administration, and other infra-structure services.

 

The parties acknowledge further a commitment to:

 

Improving the efficiency of work practices/processes from "request for work" through to completion of the task and beyond (including the completion of work sheets).

 

The development and support of Asset and Maintenance Management systems, Energy Management systems and systems to reduce equipment purchases/hire costs.

 

The rationalisation of Maintenance activities/services across Health Services.

 

The development of more flexible working hours arrangements with mutual agreement between the parties and the reflection of these arrangements if appropriate in industrial instruments.

 

Service Delivery Redesign:

 

It is acknowledged that population shifts, changes in morbidity patterns, and modes of treatment demand that the health care delivery system be modified to recognise and to accommodate those changes.

 

Modifications to delivery of health services may result in more effective services being provided to the community at less than current cost.

 

As the NSW Health Department identifies health system initiatives that it wishes to address, the Department undertakes to share full detail of those initiatives with the Trades. The Trades undertake to discuss fully with the Department any concerns which the Trades may have in relation to initiatives put forward by the Department.

 

Technological Change:

 

The current technology focus is upon the introduction of enhanced information systems and computerised technology to the Health care system. The parties acknowledge that they will co-operate in the re-design of service delivery and working systems to achieve savings associated with new technology.

 

Cost Effectiveness (Service Competition):

 

Cost effectiveness (service competition) uses competitive forces to influence components in performance and may include the use of appropriate benchmarking standards, performance indicators and the examination and possible adoption of "best practice" in regard to both the quality and efficiency of a service. 

 

The principles and processes set out in the "Cost Effectiveness Agreement" continue to apply.  The parties will also comply with the Government's competition policy.

 

The parties acknowledge that the purpose of cost effectiveness (service competition) is to realise substantial benefits to the health system.  Staff issues will be dealt with in accordance with Government policy, and in particular the provisions of Department of Health Circular No. 98/47 will apply as amended from time to time.

 

Network of Non-core Services:

 

There are significant opportunities to network services over all Health Services and within these Services. The Trades agrees to continue to participate where appropriate in the development of programs to rationalise the provision of services.

 

NSW Health Department has undertaken reviews of the following areas:

 

Logistics

Linen Services

Pathology Services

Food Services

Medical Imaging

Engineering and Maintenance

Data Centres

 

The parties acknowledge that the purpose of networking services is to realise substantial benefits to the public health system.  Staff issues will be dealt with in accordance with government policy, and in particular the provisions of Department of Health Circular No. 98/47 will apply as amended from time to time.

 

The review findings will be subjected to cost benefit analysis and benchmarking against best practice.  These may form the basis of developing specific networking proposals for implementation within an agreed time-frame.

 

Revenue Initiatives:

 

The parties understand that the NSW Health Department and Area Health Services will pursue a range of revenue initiatives.  These will be primarily directed at user charges and administrative charges but may also include contracting in (where work is done by Health Service personnel for outside organisations).

 

Consultation:

 

The parties agree that there will be ongoing consultation on implementing the various elements of the Continuous Improvement Program outlined in this Memorandum of Understanding. There will also be consultation on maximising the Trades' contribution to the Continuous Improvement Program whilst addressing issues raised by Trades. Established statewide and local consultative forums may be used as appropriate and as may be agreed.  However, the Corporation and the Trades may agree to specific discussions on any relevant matters associated with this Memorandum of Understanding.

 

Issues Resolution:

 

Local issues will be addressed through the Dispute Resolution procedure of the relevant Award.  Statewide issues will be discussed by the Corporation and the Trades.  If an issue is not resolved by discussions at a statewide level either party may seek the involvement of a mediator to help the parties resolve the issue.  The mediator must be a person agreed by both parties.  If the mediation fails to resolve the issue between the parties, or if the parties cannot agree on a mediator within seven days, either party may refer the matter to the New South Wales Industrial Relations Commission.  The parties agree that they will ask the Commission to apply this Memorandum of Understanding.

 

The Commitment -

 

The parties are committed to:

 

Harmonious industrial relations in the workplace.

 

A cooperative and consultative process which will deliver continuous improvement to the health care system.

 

Achieving financial savings from productivity changes.

 

Sharing the benefits of productivity improvements in terms of the Government's Public Sector Wages Policy.

 

Delivering wage outcomes in accordance with the Funding Agreement.

 

Signatories to this Memorandum of Understanding:

 

...................................................................

Michael Reid, Director-General NSW Health

 

Witness:

 

..................................................................

Construction, Forestry, Mining, Energy Union. New South Wales Branch

 

Witness:

 

..................................................................

Electrical Trades Union of Australia. New South Wales Branch

 

Witness:

 

.................................................................

Plumbers and Gasfitters Employees Union. New South Wales Branch

 

Witness:

 

.................................................................

Australian Manufacturing Workers Union (NSW registered as AFMEPKIU)

 

Witness:

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.