Public Health System Nurses' and Midwives' (State)
Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales Nurses and Midwives' Association, Industrial Organisation of Employees.
(No. IRC 401 of 2015)
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Before Commissioner Tabbaa
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30 June 2015
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AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
38 Accommodation
and Board
30 Annual
Leave
31 Annual
Leave Loading
49 Anti-discrimination
59 Area,
Incidence and Duration
1 Arrangement
21 Car
Allowance
56 Career
Break Scheme
14 Climatic
and Isolation Allowances
58 Commitments
During Life of this Award
13 Continuing
Education Allowance
52 Deduction
of Union Membership Fees
3 Definitions
41 Deputy
Directors of Nursing, Assistant Directors of Nursing
48 Disputes
44 Domestic
Work
26 Escort
Duty
50 Exemptions
32 Family and
Community Services Leave and Personal/Carers’ Leave
16 Fares and
Expenses
39 Grading
Committee
40 Grading of
Nurse/Midwife Manager Positions
24 Higher
Grade Duty
7 Hours of
Work and Free Time of Directors of Nursing and Area Managers, Nurse Education
4 Hours of
Work and Free Time of Employees Other Than Directors of Nursing and Area
Managers, Nurse Education
6 Introduction
of Change
46 Labour
Flexibility
55 Learning and
Development Leave
11 Leave for
Matters arising from Family Violence
33 Long
Service Leave
34 Maternity,
Adoption and Parental Leave
43 Medical
Examination of Nurses
35 Military
Leave
20 Mobility,
Excess Fares & Travelling
4A Multiple
Assignments
2 No Extra
Claims
57 Occupational
Health and Safety for Employees of Contractors and Labour Hire Businesses
25 Overtime
29 Part-time,
Casual and Temporary Employees
27 Payment
and Particulars of Salaries
15 Penalty
Rates for Shift Work and Weekend Work
5 Pilot Roster
Projects
42 Proportion
22 Provision
of Communication Device
28 Registration
Pending
36 Repatriation
Leave
47 Right of
Entry
8 Rosters
9 Salaries
51 Salary
Packaging
10 Salary
Sacrifice to Superannuation
37 Sick Leave
12 Special
Allowances
17 Special
Rates and Conditions
53 Staffing
Arrangements
18 Telephone
Allowance
45 Termination
of Employment
54 Trade
Union Activities
23 Uniform
and Laundry Allowances
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
2. No Extra
Claims
Other than as provided for in the Industrial Relations Act
1996 and the Industrial Relations (Public Sector Conditions of Employment)
Regulation 2014, there shall be no further claims/demands or proceedings
instituted before the Industrial Relations Commission of New South Wales for
extra or reduced wages, salaries, rates of pay, allowances or conditions of
employment with respect to the employees covered by the Award that take effect
prior to 30 June 2017 by a party to this Award.
3. Definitions
Unless the context otherwise indicates or requires, the several expressions hereunder defined shall have the
respective meanings assigned to them:
"ADA" means the adjusted daily average of occupied
beds, calculated in accordance with the following formula:
ADA = Daily Average + Neo-natal Adjustment + Non-inpatient
Adjustment
Where:
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Daily Average =
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Total
Occupied Bed Days for the Period Less Unqualified Baby Bed Days
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Number of Days
in the Period
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Neo-natal Adjustment =
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Total Bed
Days of Unqualified Babies for the Period
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2 x Number of
Days in the Period
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Non-inpatient =
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Total NIOOS
Equivalents for the Period
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10 x Number of
Days in the Period
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Note: Total NIOOS
Equivalents for the Period equals the individual NIOOS plus the equivalent
number of Group NIOOS (Non-inpatient Group Sessions * 1.3) plus the equivalent
number of Dental NIOOS (Non-inpatient Dental Flow * 3.8).
"AHPRA" means the Australian Health Practitioner
Regulation Agency.
"Ambulance Service" means the Ambulance Service of
NSW.
"Area Manager, Nurse/Midwife Education" - refer to
Schedule 1, Nurse Managers.
"Assistant in Nursing/Midwifery" means a person,
other than a registered nurse, Enrolled Nurse or Enrolled Nurse without
medication qualification who is employed in nursing/midwifery duties in a
public hospital or public health organisation.
"Assistant Director of Nursing/Midwifery" - refer
to Schedule 1, Nurse Managers.
"Association" means the New South Wales Nurses and
Midwives’ Association.
"Association delegate" means a trade union
delegate accredited by the Association including but not limited to a Branch
Official, Councillor or workplace representative of the Association.
"Board" means the Nursing and Midwifery Board of
Australia and shall also be taken to mean a reference to AHPRA as
appropriate/applicable.
"Career Break Scheme" means a scheme where
employees may apply for an option to defer twenty percent
of their salary for four years, and be paid this deferred salary in the fifth
year.
"Clinical Nurse Educator/Clinical Midwife
Educator" means a Registered Nurse/ Midwife appointed to a position
classified as such and who holds relevant clinical or education post registration
qualifications or such education and clinical experience deemed appropriate by
the employer.
The Clinical Nurse Educator/Clinical Midwife Educator is
required to deliver and evaluate clinical education programs at the ward/unit
level.
The Clinical Nurse Educator/Clinical Midwife Educator shall
provide for the delivery of clinical nurse/midwife education in the ward/unit
level, and performs the following functions at that level:
Delivers competent nursing education in the ward/unit;
Contributes to the development of colleagues;
Supports less experienced staff and acts as preceptor
for new staff;
Acts as the preceptor in orientations to the ward/unit;
Provides day to day clinical education support in the
ward/unit;
Provides one on one informal education;
Provides support for skill development in clinical
procedures;
Provides support for professional development;
Provides support for clinical policy development;
Provides a ward/unit based in-service program.
The provision of direct clinical care by Clinical Nurse
Educator/Clinical Midwife Educator should be for the purpose of providing
clinical education to other employees.
Direct clinical care shall be limited to emergency circumstances only.
Incremental progression to the 2nd year and thereafter rate
shall be upon completion of 12 months satisfactory full-time service.
"Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1" means: a Registered Nurse/Midwife who applies a high level of
clinical nursing knowledge, experience and skills in providing complex
nursing/midwifery care directed towards a specific area of practice, a defined
population or defined service area, with minimum direct supervision.
A Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 shall satisfy the following minimum criteria:
Relevant post-registration
qualifications and at least 12 months experience working in the relevant
clinical area of their post-registration qualification; or four years post-
registration experience, including three years experience
in the relevant specialist field.
A Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 is distinguished from an 8th Year Registered Nurse/Midwife by being
required to satisfy the following criteria:
a) actively contributes to the development of clinical practice
in the ward/unit/service;
b) acts as a resource and mentor to others in relation to
clinical practice; and
c) actively contributes to their own professional development.
Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 is a personal grading
"Clinical Nurse Specialist/Clinical Midwife
Specialist Grade 2" means: a Registered Nurse/Midwife appointed to a
position classified as such with relevant post-registration qualifications and
at least 3 years experience working in the clinical
area of their specified post-graduate qualification.
The Clinical Nurse Specialist/Clinical Midwife
Specialist Grade 2 classification encompasses the Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 1 role criteria and is
distinguished from a Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 by the following additional role characteristics:
Exercises extended autonomy of decision making;
Exercises professional knowledge and judgement in
providing complex care requiring advanced clinical skills and undertakes one of
the following roles:
leadership in the development
of nursing specialty clinical practice and service delivery in the
ward/unit/service; or
specialist clinical practice
across a small or medium sized health facility/sector/service; or
primary case management of a
complete episode of care; or
primary case management of a
continuum of specialty care involving both inpatient and community based
services; or
an authorised extended role
within the scope of Registered Nurse/Midwifery practice.
Incremental progression to the second year and
thereafter rate shall be upon completion of 12 months satisfactory full-time
service (or pro rata part time service).
"Clinical Nurse Consultant/Clinical Midwife
Consultant Grade 1" means: a registered nurse/midwife appointed as such to
a position approved by the public hospital or public health organisation, who
has at least 5 years full time equivalent post registration experience and in
addition who has approved post registration nursing/midwifery qualifications
relevant to the field in which he/she is appointed, or such other
qualifications or experience deemed appropriate by the public hospital or
public health organisation.
"Clinical Nurse Consultant/Clinical Midwife
Consultant Grade 2" means: a registered nurse/midwife appointed as such to
a position approved by the public hospital or public health organisation, who
has at least 5 years full time equivalent post registration experience, with at
least 3 years full time equivalent experience in the specialty field. In
addition the employee must have approved postgraduate nursing/midwifery
qualifications relevant to the field in which he/she is appointed or such other
qualifications or experience deemed appropriate by the public hospital or
public health organisation. An employer
may also require a higher qualification in the specialist nursing field where
such a qualification is considered essential for the performance of the
individual position.
"Clinical Nurse Consultant/Clinical Midwife
Consultant Grade 3" means: a registered nurse/midwife appointed as such to
a position approved by the public hospital or public health organisation, who
has at least 7 years full time equivalent post registration experience, with at
least 5 years full time equivalent experience in the specialty field. In
addition the employee must have approved postgraduate nursing/midwifery
qualifications relevant to the field in which he/she is appointed or such other
qualifications or experience deemed appropriate by the public hospital or
public health organisation. An employer
may also require a higher qualification in the specialist nursing field where
such a qualification is considered essential for the performance of the
individual position.
"Day Worker" means a worker who works her/his
ordinary hours from Monday to Friday inclusive and who commences work on such
days at or after 6am and before 10am, otherwise than as part of the shift
system.
"Deferred Salary Leave Year" means the fifth
year of the career break scheme where the employee is absent from work and
receives the deferred salary from the previous four years through participation
in the Career Break Scheme. This year cannot be compressed into a period of
less than twelve months.
"Ministry" means the NSW Ministry of Health.
"Deputy Director of Nursing" - refer to
Schedule 1, Nurse/Midwife Managers.
"Enrolled Nurse without medication
qualification" means a person registered by the Board as an enrolled nurse
with the notation "does not hold a Board approved qualification in
medicines administration".
"Enrolled Nurse means a person registered by the
Board as an enrolled nurse.
"Enrolled Nurse without medication qualification -
Special Grade" means an Enrolled Nurse without medication qualification,
with an Advanced Certificate qualification and a minimum of six years full time
equivalent post enrolment experience, including three years full time
equivalent experience in the relevant clinical area. Such a nurse is appointed
to a position established by a public hospital or public health organisation
which satisfies the criteria as agreed between the Association and the Ministry
from time to time.
"Enrolled Nurse - Special Grade means an Enrolled
Nurse with an Advanced Certificate qualification and a minimum of six years
full time equivalent post enrolment experience, including three years full time
equivalent experience in the relevant clinical area. Such a nurse is appointed
to a position established by a public hospital or public health organisation
which satisfies the criteria as agreed between the Association and the Ministry
from time to time.
"Experience" in relation to an assistant in
nursing, means experience both before and/or after the commencement of this
Award, whether within New South Wales or elsewhere and, in the case of an
Enrolled nurse, an Enrolled Nurse without medication qualification or assistant
in nursing who was formerly a student nurse, includes experience as such student
nurse.
"Flight Nurse" means a registered nurse
employed by the Ambulance Service who is engaged in nursing duties with the
Ambulance Service of New South Wales.
"Flight Hours" means all time spent whilst in
flight on an aircraft transporting patients or in transit to pick up patients.
"Ground Hours" for Flight Nurses means all
time spent at an airport preparing for a flight or a series of flights, and
includes generally preparing and restocking aircraft on return to home base;
attending to clerical work pertaining to flights and other general duties
normally undertaken by a Flight Nurse, including but not limited to the
sterilisation of stock, maintenance and care of special nursing equipment,
cleaning the nursing sections of the aircraft; caring of patients at terminals
until the patient is transferred to hospital or at the commencement of a
flight; supervising and assisting in loading and unloading of patients;
escorting seriously ill patients to hospital in a road ambulance.
"Health service" means any of the following:
(a) any hospital service
(b) any medical service
(c) any paramedical service
(d) any community health service,
(e) any environmental health service,
(f) any other service (including any service of a class or
description prescribed by the Regulations of the Health Service Act 1997)
relating to the maintenance or improvement of the health, or the restoration to
health, of persons or the prevention of disease in or injury to persons.
"Industry of nursing" means the industry of
persons engaged in New South Wales in the profession or occupation of nursing
including midwifery and employed in or in connection with the New South Wales
Health Service as defined in section 115 of the Health Services Act 1997 or its
successors, assignees or transmittees.
"Local Health District" includes Specialist
and Additional Networks and means a public health organisation established
pursuant to the provisions of the Health Services Act of 1997 including all
public hospitals, facilities and other establishments and health services under
the control and management thereof.
"Manager, Nurse/Midwife Education" - refer to
Schedule 1, Nurse/Midwife Managers.
"Nurse Educator/Midwife Educator Grade 1"
means a Registered Nurse/Midwife holding post registration nursing/midwifery
clinical or education qualifications relevant to the clinical area in which
he/she is appointed; and who is appointed to a position of Nurse
Educator/Midwife Educator Grade 1.
A Nurse Educator/Midwife Educator Grade 1 shall be responsible
for the development and delivery of nursing education courses/programs at the
public hospital, or the community based service level.
Nurse/Midwife education courses/programs shall mean
courses/programs such as:
Post-registration certificates;
Continuing nurse/midwife education;
Transition programs for newly registered nurses and
midwives and newly enrolled nurses;
Post-enrolment enrolled nurses’ courses; and,
General staff development courses (where applicable).
Incremental progression to the 2nd year and thereafter
rate at this Grade shall be upon completion of 12 months satisfactory full-time
service.
"Nurse Educator/Midwife Educator Grade 2"
means a Registered Nurse/Midwife with post registration nursing/midwifery
clinical or education qualifications relevant to the clinical area in which
he/she is appointed, or qualifications deemed equivalent by the employer; and
who is appointed to a position of Nurse Educator/Midwife Educator Grade 2.
A Nurse Educator/Midwife Educator Grade 2 shall be
responsible for one of the following:
A nursing/midwifery education portfolio (including but
not limited to a transition program, enrolled nurse or registered nurse
program) across a public hospital or affiliated health organisation;
A nursing/midwifery education program for a clinical
division or divisions across a public hospital or affiliated health
organisation; or
A nursing/midwifery education program for a community
based health service such as community health or mental health services.
Incremental progression to the 2nd year and thereafter
rate at this Grade shall be upon completion of 12 months satisfactory full-time
service.
"Nurse Educator/Midwife Educator Grade 3"
means a Registered Nurse/Midwife holding post registration nursing/midwifery
clinical or education qualifications relevant to the clinical area or areas in
which he/she is appointed, or qualifications deemed equivalent by the employer;
and who is appointed to a position of Nurse Educator/Midwife Educator Grade 3.
A Nurse Educator/Midwife Educator Grade 3 shall be
responsible for one of the following:
A comprehensive nursing/midwifery education program
across a Local Health District, a sector of a Local Health District or in a
tertiary referral public hospital or affiliated health organisation; or
The nurse education service of a
public hospital or affiliated health organisation (excluding a tertiary
referral hospital), group of hospitals or health facility.
Incremental progression to the 2nd year and thereafter
rate at this Grade shall be upon completion of 12 months satisfactory full-time
service.
"Nursing hours wards and
units" refers to wards and units in Section II Nursing Hours Wards and
Units of Clause 53 Staffing Arrangements that utilise nursing hours per patient
day to determine the number of nursing hours required to provide direct
clinical care.
"Nurse/Midwife Manager" means any employee
who is allocated to a nurse manager grade in accordance with Clause 40 of this
award.
"Nurse/Midwife Practitioner" means a
registered nurse/midwife appointed as such to a position approved by the
Director General and who is endorsed by the Board, to practise as a
nurse/midwife practitioner.
"Nurse/Midwife Practitioner Year 3 and
Thereafter" means a registered nurse/midwife appointed as such to a
position approved by the Director-General and who is endorsed by the Board to
practise as a Nurse/Midwife Practitioner; and who is working within clinical
guidelines approved pursuant to section 78A of the Nurses’ Act 1991.
Provided that a Nurse/Midwife Practitioner shall not
progress or be appointed to Nurse/Midwife Practitioner Year 3 until completion
of twelve months’ service at the Year 2 rate, and to the Thereafter rate until
completion of twelve months’ service at the Year 3 rate. Accordingly, a Nurse/Midwife Practitioner
cannot be appointed directly to Nurse/Midwife Practitioner Year 3 and
Thereafter."
"Nursing/Midwifery Unit Manager" means a
registered nurse in charge of a ward or unit or group of wards or units in a
public hospital or health service or public health organisation and shall
include:
"Nursing/Midwifery Unit Manager Level 1",
whose responsibilities include:
(a) CO-ORDINATION
OF PATIENT SERVICES -
liaison with all health care
disciplines for the provision of services to meet patient needs;
the orchestration of services
to meet patient needs after discharge;
monitoring catering and
transport services.
(b) UNIT
MANAGEMENT -
implementation of
hospital/health service policy:
dissemination of information to
all personnel;
ensuring environmental safety;
monitoring the use and
maintenance of equipment;
monitoring the supply and use
of stock and supplies;
monitoring cleaning services.
(c) NURSING STAFF
MANAGEMENT -
direction, co-ordination and
supervision of nursing activities;
training, appraisal and
counselling of nursing staff;
rostering and/or allocation of
nursing staff;
development and/or
implementation of new nursing practice according to patient need.
"Nursing/Midwifery Unit Manager Level 2",
whose responsibilities in relation to patient services, ward or unit management
and staff management are in excess of those of a Nursing/Midwifery Unit Manager
Level 1.
"Nursing/Midwifery Unit Manager Level 3"
whose responsibilities in relation to patient services, ward or unit management
and staff management are in excess of those of a Nursing/Midwifery Unit Manager
Level 2.
"Public Health Organisation" means:
(a) a Local Health District or:
(b) a statutory health corporation, or;
(c) an affiliated health organisation in respect of its
recognised establishments and recognised services;
"Public Hospital" means:
(a) a hospital controlled by a Local Health District or;
(b) a hospital controlled by a statutory health corporation, or;
(c) a hospital that is a recognised establishment of an
affiliated health organisation, or:
(d) a hospital controlled by the Crown (including the Minister
or the Secretary, NSWHealth).
"Registered Nurse" means a person registered
by the Board as a Registered Nurse and/or Registered Midwife.
"Residential Care Nurse" means a person other
than a Registered Nurse, Enrolled Nurse or an Enrolled Nurse without medication
qualification, who is employed in the delivery of nursing care to clients in
residential settings conducted by or on behalf of public hospitals or public
health organisations, and which are located either in the general community or
in the grounds of public hospitals, excepting any "off campus" or
"satellite" group homes generated from the Weemala
Unit of the Royal Rehabilitation Service. The duties performed by Residential
Care Nurses shall comprise assisting with the care of residents which may
include the supervision, training and assistance of residents in the
performance of household tasks such as laundry, kitchen, general maintenance or
other personal support tasks.
"Senior Nurse/Midwife Educator" - refer to
Schedule 1, Nurse Managers.
"Service" for the purpose of clause 9,
Salaries, means service before or after the commencement of this award in New
South Wales or elsewhere as a registered nurse, provided that all service
recognised prior to the commencement of this award shall continue to be
recognised.
To the foregoing shall be added any actual periods on
and from 1 January 1971 during which a nurse undertook a post basic course
whilst an employee of and rendering service in an institution or hospital and
such course is recognised by the Board or acceptable to the Ministry, or one of
the following certificate or diploma courses:-
Associate Diploma in Community Health -
College of Nursing, Australia; N.S.W. College of
Nursing;
Associate Diploma in Nursing Administration -
College of Nursing, Australia; N.S.W. College of
Nursing;
Associate Diploma in Nursing Education -
College of Nursing, Australia; N.S.W. College of
Nursing,
Newcastle College of Advanced Education;
Certificate in Operating Theatre Management -
N.S.W. College of Nursing;
Certificate in Operating Theatre Technique -
College of Nursing, Australia;
Certificate in Coronary Care -
N.S.W. College of Nursing;
Certificate in Orthopaedic Nursing -
N.S.W. College of Nursing;
Certificate in Ward Management -
N.S.W. College of Nursing;
Midwife Tutor Diploma -
College of Nursing, Australia, or Central Midwives
Board, London;
Occupational Health Nursing Certificate -
N.S.W. College of Nursing;
provided that no more than
three such courses shall count as service.
A reference to the New South Wales College of Nursing in
this Award shall be deemed to be a reference also to the School of Nursing
Studies, Cumberland College of Health Sciences.
"Shift Worker" means a worker who is not a
day worker as defined.
"Tour of Duty" means the period between the
time a Flight Nurse commences any duties associated with his or her employment
prior to making a flight or series of flights and until he or she is finally
relieved of all duties after termination of flights or series of flights,
whether termination is at home base or otherwise away from home base.
"Weekly rates" will be ascertained by
dividing an annual amount by 52.17857 or a weekly rate can be multiplied by
52.17857 to obtain the annual amount.
4. Hours of Work
and Free Time of Employees Other Than Directors of
Nursing and Area Managers, Nurse Education
(i)
(a) The ordinary
hours of work for day workers, other than Directors of Nursing and Area
Managers, Nurse Education, exclusive of
meal times, shall be 152 hours per 28 calendar days to be worked Monday to
Friday inclusive and to commence on such days at or after 6.00 am and before
10.00 am.
(b) Flight Nurses
shall not exceed 30 hours flying time in each period of seven days.
(ii)
(a) The ordinary
hours of work for shift workers, other than Directors of Nursing and Area
Managers, Nurse Education, exclusive of meal times, shall not exceed an average
of 38 hours per week in each roster cycle.
(b) Flight Nurses
shall not exceed 30 hours flying time in each period of seven days.
(iii)
(a) The hours of
work prescribed in subclauses (i) and (ii) of this
clause shall, where possible, be arranged in such a manner that in each roster
cycle of 28 calendar days each employee shall not work his/her ordinary hours of
work on more than nineteen days in the cycle. Provided that employees who work
8 hour shifts are entitled to 12 additional days off duty per annum (per NSW
Health Policy Directive PD2014_029 Leave Matters for the NSW Health Service);
employees working 10 hour shifts are entitled to one additional day off duty
each five weeks; and employees working other combinations of shifts are
entitled to such number of additional days off duty per annum as will ensure
that their ordinary hours of work do not exceed an average of 38 hours per
week.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, employees may, with the
agreement of the employer work shifts of less than 8 hours each over 20 days in
each cycle of 28 days.
(iv)
(a) Each shift shall
consist of no more than 10 hours on a day shift or 11 hours on a night shift
with not less than 10 hours break between each rostered shift, unless agreed
otherwise between an employee and local nursing management. An employee shall
not work more than 7 consecutive shifts unless the employee so requests and
local nursing management agrees but in no case shall an employee be permitted to work more than 10 consecutive shifts. In any
fortnightly pay period an employee shall not be rostered for more than three
quick shifts, ie. an evening
shift followed by a morning shift, unless agreed otherwise between an employee
and local nursing management.
(b) Where 10 hour
night shifts are in operation in any health facility, at the commencement date
of this award or subsequent thereto, the length of these shifts must not be
altered without the consent of the Head Office of the Association.
(v)
(a) The employee's
additional day off duty prescribed in subclause (iii) of this clause (as a
consequence of the implementation of the 38 hour week) shall be determined by
mutual agreement between the employee and the employer having regard to the
service requirements of the latter.
Where practicable such additional day off duty shall be consecutive with
the rostered days off duty prescribed in subclause (xvi) of this clause.
(vi) Once
set, the additional day off duty may not be changed in a current cycle unless
there are genuine unforeseen circumstances prevailing. Where such circumstances exist and the
additional day off duty is changed, another day shall be substituted in the
current cycle. Should this not be practicable the day must be given and taken
in the next cycle immediately following.
(vii)
(a) Where an
employee and her/his local nursing management agree, an employee’s additional
days off duty (ADOs) may be accumulated up to a total of three. This limit on
accumulation means that any employee who has already accumulated three ADOs
must take the next ADO accruing to her/him when it falls due in accordance with
the roster.
(b) Employers must
not unreasonably refuse to agree with an employee’s request to accumulate ADOs
or to take them off subsequent to such accumulation.
(c) Any ADOs
accumulated but not taken as at the date of termination of the employee must be
paid out at ordinary rates.
(viii) Except for
breaks for meals the hours of duty each day shall be continuous.
(ix) Each employee
who works in excess of five hours must have a break of not less than thirty
minutes and not more than sixty minutes for each meal occurring on duty as
follows:
Breakfast - between 6am and 9am
Midday Meal - between 12 noon and 2pm
Evening Meal - between 5pm and 7pm
Night Meal - between 10pm and 2am.
Employees must not be required to work during meal
breaks as a matter of routine practice unless mutually agreed at the local
level. Provided that any time worked during such break shall count as working
time and unless the employee is permitted to finish duty early on the same
shift then overtime becomes payable once the total ordinary work time of the
shift has elapsed. Provided further that where practicable an employee engaged
to work for five hours or less in any one shift may elect not to take a meal
break as otherwise provided for in this subclause without penalty to the
employer. The term "where practicable" encompasses regard being paid
to the service requirements of the employer.
(x)
(a) One twenty
minute interval (in addition to the meal break) shall be allowed each employee
on duty for a tea break during each shift. Such interval shall count as working
time. Part time and Casual employees who are engaged for less than a whole
shift on any one day shall only be entitled to one tea break of 10 minutes.
(b) Where it is
not possible due to the nature of the work performed to have one twenty minute
break, the employee may take one ten minute break and be permitted to proceed
off duty ten minutes prior to the rostered finishing time of that shift.
(c) Paragraph (b)
of subclause (x) will only be exercised in special and exceptional
circumstances and with the expressed approval of the employer in consultation
with the employee.
(xi) Subclauses
(ix) and (x) of this clause, shall not apply to an employee who is allowed two
intervals of twenty minutes each during the period of night duty but such
intervals shall count as working time and shall be paid for as such.
(xii) Changing time
totalling ten minutes per shift to count as working time is to be allowed to
nurses not permitted to travel in their work clothes.
(xiii) In addition to
any other rest period and meal break, employees who are lactating shall be
entitled to two paid breaks of 30 minutes per shift for the purpose of
expressing their milk or breast feeding their child, and the employer shall
provide access to suitable facilities for such purpose.
(xiv)
(a) Except in
cases of emergency, an employee shall not be employed on night duty for a
longer period than four consecutive weeks, unless agreed otherwise between an
employee and local nursing management.
(b) Except in
cases of emergency, after having served a period of night duty, an employee
shall serve an equivalent period of time off night duty before again
undertaking a period of night duty unless agreed otherwise between an employee
and local nursing management.
(c) Except in
cases of emergency, an employee shall not be required to perform night duty
against their wishes during a period of one week prior to any formal
end-of-semester examination in any course of study which has been accepted by
her/his employer as meeting the requirements for the grant of study time.
(d) This subclause
shall not apply to an Assistant Director of Nursing, a Nursing/Midwifery Unit
Manager or to a registered nurse/midwife in charge as the case may be, who is
employed permanently in charge at night.
(xv) Except in cases
of emergency, an employee changing from night duty to day duty or from day duty
to night duty shall be free from duty during the 20 hours immediately preceding
the commencement of the changed duty.
(xvi)
(a) Each employee
shall be free from duty for not less than two full days in each week or four
full days in each fortnight and no duties shall be performed by the employee on
any of such free days except for overtime. Where practicable, days off shall be
consecutive and shall not be preceded by any evening shift or a night shift
unless the employee is rostered on the same shift, ie.
evening shift or night shift, as the case may be,
immediately upon his or her return to duty after days off, except by agreement
between the employee and the local nursing management. An evening shift shall be one which commences
at or after 1pm and before 4pm.
(b) An employee at
his or her request, may be given time free from duty in one or more periods but
no period shall be less than one full day.
(c) For the
purpose of this subclause "full day" means from midnight to midnight
or midday to midday.
(xvii)
(a) Employees may
be required to remain on call. Any such time on call shall not be counted as
time worked (except in so far as an employee may take up actual duty in
response to a call) but shall be paid for in accordance with clause 12, Special
Allowances. Provided, however, no employee shall be required to remain on call
whilst on leave or the day before entering upon leave.
(b) Except as
hereafter provided, no employee shall be required to remain on call whilst on a
rostered day off or from the completion of the employees' shift on the day
preceding a rostered day off.
(c) Paragraph (b)
shall not apply where in extreme circumstances (which shall be agreed between
the employer and the Head Office of the Association) it is necessary for a
public hospital or public health organisation in order to ensure the provision
of services, to place staff on call on rostered days off.
(xviii) An employer
shall not alter the period over which the ordinary hours of work of employees
are balanced except upon giving one month's notice of his intention so to do to
the Industrial Registrar and to the Association.
4A. Multiple
Assignments
(i) Multiple
assignments exist when an employee has more than one position under this Award
within the New South Wales Health Service.
Each of these positions are referred to in this
clause as "assignments".
(ii) Where an
employee has multiple assignments with different ordinary rates of pay, the
employee shall be paid in relation to the ordinary hours worked in each
separate assignment at the ordinary rate of pay applicable to that assignment.
(iii) Where an
employee has multiple assignments in the same classification, the employee will
progress from one increment (year step) to the next increment after the
employee has completed the full time equivalent of one year in the increment
having regard to the work performed in all assignments. Further, an employee must complete a minimum
of one calendar year in an increment before progressing to the next
increment. Where an employee has
multiple assignments in different classifications, the employee’s service in
the higher classification will count for the purposes of incremental
progression in the lower classification.
However, service in the lower classification shall not count for the
purposes of incremental progression in the higher classification.
(iv) With
the exception of subclause (iii) above, this clause does not apply to
employees who have multiple casual assignments only. The Award provisions are to apply separately
to each casual assignment.
Multiple Assignments Within a
Single Public Health Organisation
(v) The following
provisions apply to employees with two or more assignments within a single
Public Health Organisation:
(a) The work performed
in each of an employee’s assignments shall be aggregated for the purposes of
determining all of the employee’s entitlements under this Award.
Hours, Additional Days Off and Overtime
(b) The combined
total number of ordinary hours worked under an employee’s multiple assignments
shall not exceed the hours of work as set out in Clause 4, Hours of Work and
Free Time of Employees Other than Directors of Nursing and Area Managers, Nurse
Education.
(c) Where the
combined total number of ordinary hours worked under an employee’s multiple
assignments is equivalent to those set out in subclause (i)(a)
of Clause 4, Hours of Work and Free Time of Employees Other than Directors of
Nursing and Area Managers, Nurse Education, for day workers or subclause (ii)(a)
of Clause 4, Hours of Work and Free Time of Employees Other than Directors of
Nursing and Area Managers, Nurse Education, for shift workers they will be
considered as a full time employee for the purposes of the Award and:
1. that employee
is entitled to additional days off in accordance with subclause (iii) of Clause
4, Hours of Work and Free Time of Employees Other than Directors of Nursing and
Area Managers, Nurse Education, and
2. subclause (ii)(a) of Clause 25, Overtime, shall apply for the
purposes of overtime.
(d) Where the
combined total number of ordinary hours worked under an employee’s multiple
assignments is less than those set out in subclause (c) of this subclause:
1. subclause (ii)(b) of Clause 25, Overtime, shall apply for the
purposes of overtime, and
2. all ordinary hours and additional hours paid at ordinary
rates in each assignment shall be aggregated for the purposes of subclause
(ii)(b) of Clause 25, Overtime, and treated as if it were worked under a single
assignment.
(e) Where an
employee is employed in an assignment as a Nurse/Midwife Manager classified at
Grade 4 or above and subclauses (xi)(a)-(c) of Clause 25, Overtime, do not
apply;
1. subclauses (c)(2) and (d)(1) of this subclause shall not
apply to time worked in that assignment provided that,
2. ordinary hours worked in that assignment shall be counted
for the purposes of determining whether the employee has worked beyond 38 hours
in any week.
(f) The rostering
of additional days off will be co-ordinated between the employee’s line
managers to ensure that the additional days off are proportionately rostered
across the employee’s assignments. Where
an employee has multiple assignments with different ordinary rates of pay, the
additional day off will be paid at the rate of pay relevant to the assignment
in which it is rostered.
(g) Where an
employee has multiple assignments with different ordinary rates of pay, the
rate of pay used to determine the additional hours or overtime payable shall be
the rate applicable to the assignment which generated the additional hours or
overtime.
(h) Where overtime
is compensated by way of time off in lieu as set out in subclause (iv) of Clause 25, Overtime, that time off in lieu must be
taken in the assignment which generated the overtime.
(i) Employees
who are in full time or part time assignments cannot be engaged on a second or
further assignment as a casual employee under the Award. Any additional hours worked by such employees
are to be remunerated in accordance with subclauses (c) or (d) of this
subclause.
Temporary Employees
(j) Where an
employee has an assignment to which Part III - Temporary Employees of Clause
29, Part-Time, Casual and Temporary Employees, applies, the allowance referred
to at subclause (ii) of Part III - Temporary Employees of Clause 29, Part-Time,
Casual and Temporary Employees, shall only apply to hours worked in that
assignment. While ever the allowance is
paid, the provisions of subclauses (m) and (n) of this subclause shall not
apply to the temporary assignment provided that subclause (iii) of Part III -
Temporary Employees, of Clause 29, Part-Time , Casual and Temporary Employees,
applies to a temporary assignment in relation to annual leave.
Employees engaged as part-time employees as at 30 June
1986
(k) Where an
employee:
1. has elected to
receive the benefits set out in subclauses (ii)-(iv) of Part IV - Savings
Provisions of Clause 29, Casual and Temporary Employees, in relation to an assignment,
and
2. after the date
this clause was inserted into the Award the employee commences in a second or
further permanent part time assignment and their combined total number of
ordinary hours worked in all assignments is less than those set out in subclause
(c) of this subclause;
subclauses (i)-(iv) of Part IV - Savings Provisions of Clause 29,
Casual and Temporary Employees, shall cease to apply and the employee will be a
permanent part time employee for the purposes of the Award.
(l) Where an employee:
(1) has elected to
receive the benefits set out in subclauses (ii)-(iv) of Part IV - Savings
Provisions of Clause 29, Casual and Temporary Employees, in relation to an
assignment, and
(2) his/her
combined total number of ordinary hours worked in all assignments is equal to
or more than those set out in subclause (c) of this subclause,
subclauses (i)-(iv) of Part IV - Savings Provisions of Clause 29,
Casual and Temporary Employees, shall not apply to any of their
assignments.
Leave
(m) All ordinary
hours worked by an employee in multiple assignments shall count towards
determining the employee’s leave entitlements.
(n) Employees with
multiple assignments shall be entitled to take all forms of leave in any of
their assignments. That is, leave
accrued by an employee through work performed in one assignment, can be taken
by that employee in their other assignment/s.
Service in all assignments will be recognised for the purposes of
subclause (i)(a) of Clause
37, Sick Leave.
(o) Where an employee
has multiple assignments with different ordinary rates of pay, the employee
shall be paid for leave taken at the rate of pay relevant to the assignment in
which the leave was taken or rostered.
(p) Where an
employee’s combined total number of ordinary hours worked in their multiple
assignments is equivalent to those set out in subclause (c) of this subclause,
and that employee is required to work their ordinary hours on a seven day
basis, they shall be entitled to six weeks annual leave in accordance with
subclause (i)(a) of Clause
30, Annual Leave.
(q) Service in all
assignments will be recognised for the purposes of entitlements under Clause
34, Maternity, Adoption and Parental Leave.
(r) Where an
employee’s assignment is terminated but the employee remains employed under
another full time or part time assignment, that employee shall not be paid out
the monetary value of the annual leave or long service leave accrued in the
terminated assignment.
Disclosures, Notifications and Approvals
(s) Employees
must, at the time they apply for any second or further assignment, disclose in
writing that they are already employed by NSW Health and provide details of
that assignment including:
1. the position/s currently held
2. the facility in which the existing position/s are worked
3. the classification/s under which they are engaged in each
position
4. the number of ordinary hours worked in each position
5. any regular additional hours or overtime that is worked in
each position
6. whether the position/s is worked according to a set roster
and if so, the details of that roster arrangement; and
(t) Prior to
accepting an offer for a second or further assignment, employees must provide
to their current manager details of that proposed assignment including:
1. the position they have applied for
2. the facility in which the proposed new assignment is to be
worked
3. the classification under which they would be engaged in the
new assignment
4. the number of ordinary hours to be worked in the proposed
assignment
5. whether the position is to be worked according to a set
roster and if so, the details of that roster arrangement.
(u) A Public
Health Organisation may elect on reasonable grounds to withhold the approval of
a second or further assignment to employees who are already employed in another
assignment.
(v) Before
accepting any change in roster or undertaking additional hours or overtime that
will impact on another assignment, employees who hold multiple assignments must
notify their current
manager of the details of their next shift in either assignment. Managers must not change rosters or require
employees to work additional hours or overtime where these will impact on the
employee’s roster in the other assignment (for example by generating overtime)
without first consulting the manager of the other assignment/s. (By way of example, if an employee is
requested by Manager 1 in Assignment 1 to undertake additional hours in
Assignment 1 that may impact on the roster in Assignment 2, the employee must
notify Manager 1 of the impact. Manager
1 must not change rosters/hours that impact on Assignment 2 without first
consulting Manager 2.)
Multiple Assignments Across
Different Public Health Organisations
(vi) Assignments
in different Public Health Organisations will be regarded as entirely separate
for all purposes under the Award, including the accrual and taking of leave.
The only exceptions are the provisions of subclause (iii) of this clause (regarding
incremental progression) and:
(a) At the time an
employee commences an assignment in another Public Health Organisation the
employee’s accrued leave will be apportioned across their assignments (for
example, a 0.6 full time equivalent Registered Nurse who commences another 0.4
full time equivalent assignment in another Public Health Organisation will have
60% of their leave accruals allocated to the former assignment and 40% to the
latter assignment) unless prior to commencing the new assignment the employee
elects that this apportioning does not occur.
After this apportioning, leave accrues separately in each assignment,
based on the hours worked in each assignment.
The employer will notify the employee of their right to make this
election prior to the apportioning taking place.
(b) Employees who
have multiple assignments across different Public Health Organisations at the
time this clause was inserted into this award may elect to apportion their
accrued leave across their assignments.
(c) Service in all
assignments will be aggregated for the purposes of calculating long service
leave and family and community service leave entitlements.
(d) Service in all
assignments will be recognised for the purposes of entitlements under Clause
34, Maternity, Adoption and Parental Leave.
(e) Where an
employee terminates an assignment, any leave credits that are held against that
assignment will be transferred to the remaining assignment/s.
(f) If prior to
the introduction of this clause and/or the StaffLink
payroll system an employee received additional days off and/or overtime in
accordance with subclause (ii) of Clause 25, Overtime, that employee shall
continue to receive those benefits until one of the assignments is terminated.
(g) Where an
employee has three or more assignments, one or more of which are in different
Public Health Organisations, subclause (v) of this clause shall apply to those
assignments which are within a single Public Health Organisation.
Changes to the composition of Public Health
Organisations
(vii) The employer
and the Association agree to review this clause in the event that the
boundaries of any Public Health Organisation change.
(viii) Where any
change to the boundaries of any Public Health Organisation causes an employee’s
multiple assignments to which subclause (v) of this clause previously applied
to then be subject to subclause (vi) of this clause, subclause (v) of this
clause shall continue to apply (to the exclusion of subclause (vi) of this
clause) to those assignments until one of them is terminated.
5. Pilot Roster
Projects
(i) Notwithstanding
any other provision of this award, Pilot Roster Projects for the purposes of trialing flexible roster practices may be implemented on
the following basis:
(a) The terms of
the Pilot Roster Project shall be agreed in writing between the employer and
the Association on behalf of the nurses participating in the project. Provided
that the Association shall not unreasonably refuse to agree to, or unreasonably
delay in responding to, a Pilot Roster Project proposed by an employer. Provided further that where a Pilot Roster
Project is proposed by the Association or nurses and the employer does not
agree to introduce a Pilot Roster Project in the terms proposed, the employer
shall provide its reasons in writing to the Association or the nurses
concerned.
(b) The terms
shall include
(1) the duration of the project; and
(2) the conditions of the project; and
(3) the award provisions required to be overridden in order to
implement the project; and
(4) review mechanisms to assess the effectiveness of the
project.
(c) Whilst the
Pilot Roster Project is being conducted according to its terms, the employer
shall not be deemed to be in breach of the award by reason alone of
implementing the project.
(d) Any purported
Pilot Roster Project which does not comply with this clause is not a Pilot
Roster Project for the purposes of this clause and in particular no employer
shall be able to claim the benefit of subclause (c) when implementing such
project.
(ii) The
Association agrees to participate in a review of the operation of this clause,
if requested by the Ministry.
(iii) Pilot 12 hour
shift systems in place as at 1 July 2008 shall continue to operate in
accordance with the provisions of the relevant pilot agreement.
(iv) From
1 July 2008, new 12 hour shift systems may be implemented in a ward, unit or
operational area according to the provisions of subclause (v) without the
requirement for a pilot. The Association
shall be advised in writing by the employer of the intention to introduce such
new systems no later than four weeks prior to the proposed date of commencement,
to enable consultation with all potentially affected employees.
(v) The following
provisions shall apply to new 12 hour shift systems commencing on or after 1
July 2008:
(a) Participation
in a 12 hour shift system shall be voluntary.
Alternative shift provisions must remain available for staff who do not agree to participate in a 12 hour shift
system.
(b) The ordinary
hours of work for each full time employee shall be 228 hours balanced over a
six week period. The hours shall be worked as 19 x 12 hour shifts. The ordinary
guaranteed hours of work for each part time employee shall be balanced over a
six week period. The hours shall be worked as either 12,
10 or eight hour shifts as agreed between the employee and the employer.
or
The ordinary hours of work for each full time employee
shall be 152 hours balanced over a four week period. The hours shall be worked as 12 x 12 hour
shifts and one x eight hour shift. The
ordinary guaranteed hours of work for each part time employee shall be balanced
over a four week period. The hours shall
be worked as either 12, 10 or eight hour shifts as
agreed between the employee and the employer.
(c) Payment for
full time employees shall be for 76 hours per pay period at the appropriate
hourly rate for each employee. Payment for part time employees shall be the
actual number of hours worked per pay period.
(d) The day shift
may have a span of up to 12.5 hours and shall include one half hour unpaid meal
break and two x 20 minute paid tea breaks.
(e) The night
shift may have a span of up to 12.5 hours and shall include one thirty minute
unpaid meal break and a further one hour paid break or two x 30 minute paid
breaks.
(f) The maximum
number of consecutive shifts shall be three.
Except that an employee may be rostered for four consecutive shifts once
in each six week cycle at the request of the employee.
(g) Employees
shall not be rostered on single days off unless it is at the request of the
employee.
(h) The minimum
break between shifts shall be 11.5 hours.
(i) Rosters
should reflect an equitable distribution of day, night and weekend shifts among
employees participating in the 12 hour shift system. No more than 50% of shifts in the roster
cycle should be night shift unless otherwise agreed between the employee and
the unit manager.
(j) No overtime
shall be worked in conjunction with a 12 hour shift.
(k) Any 12 hour
shift being replaced by either casual or agency staff will cover the full span
of the shift.
(l) An individual
employee shall have the right to withdraw from the 12 hour shift system. An
employee wishing to withdraw from the 12 hour shift system shall provide a
period of notice equivalent to the roster period. In the case of demonstrated pressing
necessity, a minimum of two weeks' notice shall be required, or such lesser
period of time as may be agreed to by the public health organisation.
(m) Where a 12 hour
shift system is in place management shall be entitled to consider whether
continuation of the system in that ward, unit or operational area remains
appropriate. Where management determines
after consultation with affected employees to cease a 12 hour shift system,
three months notice of the intended cessation shall
be given to employees.
6. Introduction
of Change
(a) Where an
employer has made a definite decision to introduce changes in organisation,
structure, health service delivery, or technology that are likely to have
significant effects on employees covered by this Award, the employer shall
notify the Association and employees who may be affected by the proposed
changes. Discussions shall commence as
soon as practicable after such decision has been taken.
(b) "Significant
effects" includes:
i. termination of employment;
ii. major changes in the composition, operation or size of the
employer’s workforce or in the skills required;
iii. changes in employment and/or promotional opportunities or
job tenure for a class or group of employees;
iv. the alteration of hours of work for a class or group of employees;
or
v. the
need for training or transfer of a class or group of employees to other work or
location, and the restructuring of jobs.
(c) The employer
shall discuss with the employees affected and the Association, inter alia, the
introduction of the changes referred to in paragraph (a) above, the effects the
changes are likely to have on employees and any measures proposed by the
employer to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the Association in relation to the changes.
(d) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the Association all relevant information about the changes
including the nature of the changes proposed and the expected significant
effects of the changes on employees. Provided that the employer shall not be
required to disclose confidential information, the disclosure of which would
adversely affect the employer, Ministry or Director-General of Health; or is an
exempt matter under the Government Information (Public Access) Act 2009 (the
GIPA Act).
(e) The provision
of communication during maternity, adoption or parental leave is in accordance
with Part E Communication During Leave, of Clause 34
Maternity, Adoption and Parental Leave.
(f) With respect
to occupational health safety matters as referred to in the Work Health and
Safety Act 2011, the provisions of that Act apply, and specifically the
provisions under Section 47, "Duty to consult workers", as varied
from time to time.
7. Hours of Work
and Free Time of Directors of Nursing and Area Managers, Nurse Education
(i) A
Director of Nursing or Area Manager, Nurse Education shall be free from duty
for not less than 9 days in each twenty-eight consecutive days and such days
free from duty may be taken in one or more periods.
(ii) If any of the
days mentioned in subclause (i) of this clause cannot
be taken by reason of emergency, such day or days shall be given and taken within
28 days of becoming due.
(ii) A Director of
Nursing or Area Manager, Nurse Education shall, where practicable, inform his
or her employer giving not less than 7 days' notice of the days he or she
proposes to be free from duty; provided that such days shall be subject to the
approval of the employer, and such approval shall not be unreasonably withheld.
8. Rosters
(i) The
ordinary hours of work for each employee, other than the Director of Nursing,
shall be displayed on a roster in a place conveniently accessible to employees.
(ii) The roster
shall be displayed at least two weeks prior to the commencing date of the first
working period in the roster.
(iii) Notwithstanding
the foregoing provisions of this clause, a roster may be altered at any time to
enable the nursing service of the public hospital or public health organisation
to be carried on where another employee is absent from duty on account of
illness or in an emergency: Provided that where any such alteration involves an
employee working on a day which would otherwise have been such employee's day
off, the day off in lieu thereof shall be as mutually arranged.
(iv) Prior
to the date of the changed shift, such change of roster shall be notified
verbally or in writing to the employee concerned.
(v) Where an
employee is entitled to an additional day off duty in accordance with clause 4,
Hours of Work and Free Time of Employees other than Directors of Nursing, such
day is to be shown on the roster of hours for that employee.
(vi) All
rosters shall be retained for at least six years.
9. Salaries
(i) The
minimum salaries per week to be paid to employees shall be as set out in Table
1 of Part B.
(ii) An Enrolled
Nurse without medication qualification or Enrolled Nurse without medication
qualification - Special Grade who has the notation "does not hold a Board
approved qualification in medicines administration" removed from their
registration will be classified and paid as an Enrolled Nurse or Enrolled Nurse
Special Grade respectively from the commencement of the first full pay period
following the removal of such notation.
Provided that an Enrolled Nurse 1st year shall not
progress to Enrolled Nurse 2nd year until completion of twelve months’ service
at the 1st year rate (or for part time employees the full time equivalent of
1,982 hours), and to the 3rd year rate until completion of twelve months’
service at the 2nd year rate (or for part time employees the full time
equivalent of 1,982 hours), and so on throughout the scale.
10. Salary
Sacrifice to Superannuation
(i) Notwithstanding
the salaries prescribed in Clause 9, Salaries, as varied from time to time, an
employee may elect, subject to the agreement of the employee’s employer, to
sacrifice a part or all of the salary payable under the salaries clause to
additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed together with any salary packaging arrangements under Clause 51,
Salary Packaging, of this award may be made up to one hundred (100) per cent of
the salary payable under the salaries clause, or up to one hundred per cent of
the currently applicable superable salary, whichever is the lesser.
In this clause "superannuable
salary" means the employee’s salary as notified from time to time to the
New South Wales public sector superannuation trustee corporations.
(ii) Any pre-tax
and post-tax payroll deductions must be taken into account prior to determining
the amount of available salary to be packaged. Such payroll deductions may
include but are not limited to superannuation payments, HECS payments, child
support payments, judgment debtors/garnishee orders, union fees and private
health fund membership fees.
(iii) Where the
employee has elected to sacrifice a part or all of the available payable salary
to additional employer superannuation contributions:
(a) The employee
shall be provided with a copy of the signed agreement. The salary sacrifice
agreement shall be terminated at any time at the employee’s election and shall
cease upon termination of the employee’s services with the employer.
(b) Subject to
Australian Taxation Law, the amount of salary sacrificed will reduce the salary
subject to appropriate PAYE taxation deductions by the amount sacrificed; and
(c) Any allowance,
penalty rate, overtime, payment for unused leave entitlements, weekly worker’s
compensation, or other payment, other than any payment for leave taken in
service, to which an employee is entitled under this award or any applicable
award, act or statute which is expressed to be determined by reference to an
employee’s salary, shall be calculated by reference to the salary which would
have applied to the employee under the salaries clause in the absence of any
salary sacrifice to superannuation made under this award.
(iv) The
employee may elect to have the specified amount of payable salary which is
sacrificed to additional employer superannuation contributions:
(a) paid into the superannuation scheme established under the
First State Superannuation Act 1992 as optional employer contributions; or
(b) subject to the employers agreement, paid into private sector
complying superannuation scheme as employer superannuation contributions.
(v) Where an
employee elects to salary sacrifice in terms of subclause (iv)
above, the employer will pay the sacrificed amount into the relevant
superannuation fund.
(vi) Where
the employee is a member of a superannuation scheme established under:
(a) the Police Regulation (Superannuation ) Act 1906;
(b) the Superannuation Act 1916;
(c) the State Authorities Superannuation Act 1987;
(d) the State Authorities Non-contributory Superannuation Act
1987; or
(e) the 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 public sector superannuation
trustee corporations.
(vii) Where, prior
to electing to sacrifice a part or all of their salary to superannuation, an
employee had entered into an agreement with their employer to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause (vi) above, the employer will
continue to base contributions to that fund on the salary payable under
Clause 9, Salaries, of the award to the
same extent as applied before the employee sacrificed that amount of salary to
superannuation. This clause applies even though the superannuation
contributions made by the Employer may be in excess of the superannuation
guarantee requirements after the salary sacrifice is implemented.
11. Leave for
Matters Arising from Family Violence
(i) In
this clause family violence means domestic violence as defined in the Crimes
(Domestic and Personal Violence) Act 2007.
(ii) The leave
entitlements provided for in clause 37, Sick Leave and clause 32, Family and
Community Services Leave of this Award may be used by staff members
experiencing family violence.
(iii) Where the
leave entitlements referred to in subclause (ii) above are exhausted, the
employer shall grant up to five days special leave on full pay per calendar
year to be used for absences from the workplace to attend to matters arising
from family violence situations.
(iv) The
employer will need to be satisfied, on reasonable grounds, that family violence
has occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a court, a doctor, a Family Violence Support
Service or lawyer.
(v) Personal
information concerning family violence will be kept confidential by the
employer.
(vi) The
employer, where appropriate, may facilitate flexible working arrangements
subject to operational requirements, including changes to working times and
changes to work location, telephone number and email address.
12. Special
Allowances
(i) (a) A registered nurse in charge of a public
hospital of not more than 100 beds during the day, evening or night in the
absence of a senior nurse shall be paid, in addition to his or her appropriate
salary, whilst so in charge, the sum as set out in Item 1, of Table 2 of Part B
per shift.
(b) This subclause
shall not apply to registered nurses holding positions of a higher grade than
that of clinical nurse specialist.
(ii)
(a) An employee
required by his or her employer to be on call otherwise than as provided in (b)
and (c) hereof shall be paid the sum as set out in Item 2 of Table 2 of Part B
for each hour or part thereof with a minimum payment of eight hours at that
rate.
(b) An employee
required to be on call on rostered days off in accordance with paragraph (c) of
subclause (xvii) of Clause 4, Hours of Work and Free Time of Employees Other
Than Directors of Nursing, shall be paid the sum as set out in Item 3, of Table
2 of Part B for each hour or part thereof with a minimum payment of eight hours
at that rate.
(c) An employee
who is directed to remain on call during a meal break shall be paid an
allowance as set out in Item 4, of Table 2 of Part B.
(d) Where an
employee on call leaves the public hospital and is recalled to duty, he or she
shall be reimbursed all reasonable fares and expenses actually incurred
provided that where an employee uses a motor car in these circumstances, the
allowance payable shall be the rate prescribed from time to time by the
Ministry for a "casual" user. The provisions of this paragraph shall
apply to all employees.
(e) This subclause
shall not apply to Nurse Managers classified at Grade 4 or above provided that
the allowances prescribed in subclauses (a) and (b) of this subclause shall be
paid to Nurse Managers classified at Grade 4, Grade 5 and Grade 6 when required
to remain on call for the purpose of the performance of clinical duties.
(iii)
(a) Where a
Director of Nursing is required by the public hospital to perform radiographic
duties he/she shall be paid in addition to his/her appropriate salary an allowance as set out in Item 5, of Table 2 of Part B per
week.
(b) The allowance
prescribed by paragraph (a) of this subclause shall apply to an employee who
relieves the Director of Nursing for a period of one week or more.
(c) An employee
who is performing radiographic duties in the absence of the Director of Nursing
for a period of less than one week shall be paid in addition to his or her
appropriate salary a daily allowance as set out in Item 6, of Table 2 of Part
B, provided that the maximum allowance per week payable in accordance with this
paragraph shall not exceed the amount set in the said Item 6.
(d) The allowance
prescribed by this subclause shall be regarded as part of the salary for the
purpose of this award.
(iv) An
employee required to wear a lead apron shall be paid an allowance as set out in
Item 7, of Table 2 of Part B for each hour or part thereof that he/she is
required to wear the said apron. No employee shall be required to wear a lead apron
for more than one hour without being allowed a paid break of 10 minutes.
(v) A registered
nurse who is designated to be in charge of a ward or unit during day, evening
or night shifts, when the Nursing/Midwifery Unit Manager is not rostered for
duty, shall be paid an allowance as set out in Item 8, of Table 2 of Part B per
shift. Provided that the allowance shall
also be paid when the Nursing/Midwifery Unit Manager is rostered on duty if the
day to day clinical management role for the shift is delegated to a designated
registered nurse/midwife. Provided
further that the allowance shall also be paid in the absence of a Nurse/Midwife
Manager in facilities where the Nurse/Midwife Manager undertakes the functions usually
carried out by a Nursing/Midwifery Unit Manager.
(vi) A registered
nurse/midwife who is designated to be in-charge of a ward or unit when the
Nursing/Midwifery Unit Manager is not rostered for duty and who is also
designated to be in-charge of a public hospital of less than 100 beds during
the day, evening or night on the same shift shall be paid an allowance as set
out in Item 9, of Table 2 of Part B per shift.
Provided that this allowance shall also be paid in facilities where the
Nurse/Midwife Manager undertakes the functions usually carried out by a
Nursing/Midwifery Unit Manager.
(vii)
(a) An employee
who makes their services available and participates in an approved roster to
provide emergency telephone counselling outside their normal rostered ordinary
hours shall receive the payments prescribed in paragraphs (b), (c) and (d) of
this subclause.
(b) An employee
rostered to be on call shall be paid the sum as set in Item 2 of Table 2 of
Part B for each hour or part thereof with a minimum payment of eight hours at
that rate. Provided that an employee
rostered on call on rostered days off shall be paid the sum as set in Item 3,
of Table 2 of Part B for each hour or part thereof with a minimum payment of
eight hours at that rate.
(c) If during such
an on call period prescribed in paragraph (b) of this subclause an employee is
required to provide telephone counselling to a client, such employee shall be
entitled to the following payment in addition to the payment in the said
paragraph (b):
1. An employee on
call for telephone counselling for up to 8 hours and is required to provide
telephone counselling, such employee is to be paid one hour at ordinary rates
(excluding penalties). If an employee
receives more than one call to provide telephone counselling, no additional
payment is to be made.
2. An employee on
call for telephone counselling for 8-16 hours and is required to provide
telephone counseling, such employee is to be paid two
hours at ordinary rates (excluding penalties). If an employee receives more
than one call to provide telephone counselling, no additional payment is to be
made.
3. An employee on
call for telephone counselling for 16-24 hours and is required to provide
telephone counseling, such employee is to be paid
three hours at ordinary rates (excluding penalties). If an employee receives more than one call to
provide telephone counselling, no additional payment is to be made.
(d) An employee
called out during the period of on call shall be entitled to the prescriptions
of clause 25, Overtime.
(viii) An Enrolled
Nurse or an Enrolled Nurse without medication qualification employed in the
central sterile supply department of a public hospital, in possession of a
Sterilising Technology Certificate issued by the Sterilising Research and
Advisory Council of Australia shall be paid an allowance as set out in Item 18
of Table 2 of Part B.
(ix) A registered
nurse who is designated in-charge of a public hospital or facility of greater
than 100 beds during an evening or night shift Monday to Friday or any Saturday
or Sunday shift shall be paid an allowance per shift as set out in Item 9 (b),
of Table 2 of Part B. This allowance
shall not apply to registered nurses holding positions of a higher grade than
Clinical Nurse/Midwife Specialist Grade 2.
The employer shall not use this provision on a permanent basis in place
of appointing a Nurse Manager.
13. Continuing
Education Allowance
(i) An
employee employed in the classification of Registered Nurse /Midwife (years 1 to
8), Clinical Nurse Specialist/Clinical Midwife Specialist, Nursing/Midwifery
Unit Manager, Nurse/Midwife Manager
Grade 1, Nurse/Midwife Manager Grade 2 or Nurse/Midwife Manager Grade 3 and
above (who satisfies the employer that she/he is engaged in clinical work for
more than 50% of her/his time) who holds a continuing education qualification
in a clinical field, in addition to the qualification leading to registration,
shall be paid a continuing education allowance, subject to the following
conditions set out below:
(a) the allowance is only payable where the qualification is
accepted by the employer to be directly relevant to the competency and skills
used by the nurse/midwife in the duties of the position;
(b) an employee holding more than one relevant qualification is
only entitled to one allowance, being the allowance of the highest monetary
value;
(c) the employee claiming entitlement to a qualification
allowance must provide evidence to the employer that they hold that
qualification within three months of obtaining the qualification or within
three months of commencing work in the relevant specialty, unless exceptional
circumstances prevent this.
(ii) Subject to
the provisions in subclause (i) of this clause, an
employee who holds a post-registration hospital certificate listed in Schedule
2 shall be paid an allowance of an amount set out in Item 20 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates.
(iii) Subject to
the provisions in subclause (i) of this clause, an
employee who holds a post-graduate certificate shall be paid an allowance of an
amount set out in Item 21 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
(iv) Subject
to the provisions in subclause (i) of this
clause, an employee who holds a post-graduate diploma or degree (other than an
undergraduate nursing degree) shall be paid an allowance of an amount set out
in Item 22 of the said Table 2.
(v) Subject to the
provisions in subclause (i) of this clause, an
employee who holds a masters degree or doctorate
shall be paid an allowance of an amount set out in Item 23 of the said Table 2.
(vi) An Enrolled
Nurse or an Enrolled Nurse without medication qualification, who holds a
relevant Certificate IV or equivalent continuing education qualification in a
clinical field, or Advanced Diploma of Nursing (Enrolled/Division 2 Nursing) in
addition to the qualification leading to enrolment, shall be paid a continuing
education allowance, subject to the following conditions set out below:
(a) the allowance is only payable where the qualification is
accepted by the employer to be directly relevant to the competency and skills
used by the Enrolled Nurse or an Enrolled Nurse without medication
qualification in the duties of the position;
(b) an employee holding more than one relevant qualification is
only entitled to one allowance, being the allowance of the highest monetary
value;
(c) the employee claiming entitlement to a qualification
allowance must provide evidence to the employer that they hold that
qualification within three months of obtaining the qualification or within
three months of commencing work in the relevant specialty, unless exceptional
circumstances prevent this.
(vii) Subject to the
provisions in subclause (vi) of this clause, an Enrolled
Nurse or an Enrolled Nurse without medication qualification who holds a
Certificate 4 qualification shall be paid an allowance of an amount set out in
Item 24 of the said Table 2.
(viii) Subject to the
provisions in subclause (vi) of this clause, an
Enrolled Nurse or an Enrolled Nurse without medication qualification who holds
an Advanced Diploma of Nursing (Enrolled/Division 2 Nursing) qualification
shall be paid an allowance of an amount set out in Item 25 of the said Table 2.
(ix) A Clinical
Nurse Educator/Clinical Midwife Educator who holds a post graduate diploma,
degree, masters or doctorate in education or a clinical field in addition to
the qualification leading to registration, or a Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 2 who holds a post graduate
diploma, degree, masters or doctorate in a clinical field in addition to the
qualification leading to registration, shall be paid a continuing education
allowance, subject to the following conditions set out below:
(a) the allowance is only payable where the qualification is
accepted by the employer to be directly relevant to the competency and skills
used by the registered nurse/midwife in the duties of the position;
(b) an employee holding more than one relevant qualification is
only entitled to one allowance, being the allowance of the highest monetary
value;
(c) the employee claiming entitlement to a qualification
allowance must provide evidence to the employer that they hold that
qualification within three months of obtaining the qualification or within
three months of commencing work in the relevant specialty, unless exceptional
circumstances prevent this.
(x) Subject to the
provisions in subclause (ix) of this clause, a Clinical Nurse Educator/Clinical
Midwife Educator who holds a post graduate diploma, degree, Masters or
Doctorate in education or a clinical filed, or a Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 2 who holds a post graduate
diploma, degree, masters or doctorate in a clinical field, shall be paid an
allowance of the relevant amount set out at either Item 22 or 23 of the said
Table 2.
(xi) The above
allowances are not to be included in the employee’s ordinary rate of pay. The
allowances are payable during periods of paid leave taken by an employee.
(xii) The continuing
education allowances shall be considered salary-related allowances for the
purpose of salary and salary related allowance increases that may occur from
the first full pay period commencing on or after 30 June 2009.
(xiii) Where a
dispute arises concerning the eligibility for payment of a Continuing Education
Allowance that is not resolved by the process contained in subclauses (i) to (iv) of clause 48, Disputes, of this Award,
negotiations between the NSW Ministry of Health
and the Association must occur prior to referral to the Industrial
Relations Commission for determination.
14. Climatic and
Isolation Allowances
(i) Subject
to subclause (ii) of this clause, persons employed in public hospitals or
public health organisations in places situated upon or to the west of a line
drawn as herein specified shall be paid an allowance as set out in Item 10, of
Table 2 of Part B per week, in addition to the salary to which they are
otherwise entitled. The line shall be drawn
as follows: commencing at Tocumwal and thence to the following towns in the
order stated - namely Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra,
Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.
(ii) Persons
employed in public hospitals or public health organisations in places situated
upon or to the west of a line drawn as herein specified shall be paid an
allowance as set out in the said Item 10 per week, in addition to the salary to
which they are otherwise entitled. The
line shall be drawn as follows: commencing at a point on the right bank of the
Murray River opposite Swan Hill (Victoria), and then to the following towns in
the order stated - namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and
Mungindi.
(iii) Except for
the computation of overtime the allowances prescribed by this clause shall be
regarded as part of the salary for the purposes of this award.
(iv) The
allowances prescribed by this clause are not cumulative.
(v) An employee
who works less than 38 hours per week shall be entitled to the allowances
prescribed by this clause in the same proportion as the average hours worked
each week bears to thirty eight ordinary hours.
15. Penalty Rates
for Shift Work and Weekend Work
(i) Employees
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift:
Provided that employees who work less than 38 hours per week shall only
be entitled to the additional rates where their shifts commence prior to 6am or
finish subsequent to 6pm.
Afternoon shift commencing at 10am
and before 1pm - 10%.
Afternoon shift commencing at 1pm and
before 4pm - 12.5%.
Nightshift commencing at 4pm and before 4am - 15%.
Nightshift commencing at 4am and before 6am - 10%.
(ii) "Ordinary
rate" and "ordinary time" shall not include any percentage
addition by reason of the fact that an employee works less than 38 hours per
week.
(iii) For the
purpose of this clause day, afternoon and night shifts shall be defined as
follows:
"Day shift" means a shift which commences at
or after 6am and before 10am.
"Afternoon shift" means a shift which
commences at or after 10am and before 4pm.
"Night shift" means a shift which commences
at or after 4pm and before 6am on the day following.
(iv) Employees
whose ordinary working hours include work on a Saturday and/or Sunday, shall be
paid for ordinary working hours worked between midnight on Friday and midnight
on Saturday at the rate of time and one half and for ordinary hours worked
between midnight on Saturday and midnight on Sunday at the rate of time and
three quarters. These extra rates shall be in substitution for and not
cumulative upon the shift premiums prescribed in the preceding subclause (i) of this clause.
The foregoing paragraph shall apply to employees who
work less than 38 hours per week, but such employees shall not be entitled to
be paid in addition any allowance prescribed by clause 29, Part-time, Casual
and Temporary Employees, in respect of their employment between midnight on
Friday and midnight on Sunday.
(v) The additional
payments prescribed by this clause shall not form part of the employee's
ordinary pay for the purposes of this Award, except as provided in clause 30,
Annual Leave.
(vi) This
clause shall not apply to Nurse/Midwife Managers classified Grade 4 or above.
16. Fares and
Expenses
(i) An
employee required to travel in the performance of duty shall be reimbursed
first-class fares (including sleeper accommodation) and all reasonable out-of-pocket
expenses.
(ii)
(a) An employee
who is engaged for an indefinite period and who remains in the employment for
at least six months shall be reimbursed forward fares from the place of
engagement; provided that the distance of normal travel therefrom to the
employment exceeds 40 kilometres.
(b) An employee
who is engaged for an indefinite period and who is dismissed within six months
for any reason, other than misconduct or inefficiency shall be reimbursed
forward fares from the place of engagement; provided that the distance of
normal travel there from to the employment exceeds 40 kilometres and shall also
be reimbursed return fares to such place of engagement or the employee's
immediate destination whichever is the cheaper.
(iii) An employee
who is engaged for a definite period and who completes the period of engagement
or who is dismissed before completing such period for any reason other than
misconduct or inefficiency, shall be reimbursed forward fares from the place of
engagement provided that the distance of normal travel therefrom to the
employment exceeds 40 kilometres and shall be reimbursed return fares to such
place of engagement or to the employee's immediate destination, whichever is
the cheaper.
(iv) Subclauses
(ii) and (iii) of this clause shall not apply to nurses travelling to a
midwifery training school to enter upon midwifery training or to nurses
travelling to a public hospital for post-graduate training.
(v) Fares within
the meaning of this clause shall include only fares incurred in respect of
travel within New South Wales.
(vi) An
employee who claims reimbursement of fares, pursuant to this clause, shall
furnish to the employer, if so required, satisfactory proof that she or he has
not received from another employer reimbursement in respect to those fares.
17. Special Rates
and Conditions
(i) In
addition to the rates prescribed by clause 9, Salaries, the additional rates as
set in Item 11, of Table 2 of Part B shall be payable to the undermentioned
employees of the Tibooburra and Ivanhoe District Hospitals:-
Registered Nurses/Midwives;
All Enrolled Nurse classifications;or
Assistants in Nursing.
(NOTE: These additional
rates are compensation for overtime and adverse conditions.)
(ii) In addition to
the annual leave prescribed by clause 30, Annual Leave, the Director of Nursing
and registered nurses at the Tibooburra District Hospital and Ivanhoe District
Hospital shall be allowed seven days leave of absence annually on full pay.
(iii) All nurses employed
by the Justice Health Service, nurses working in the Kestrel Unit, Morisset and
Court Liaison Nurses employed by a Local Health District shall be paid a
special environmental allowance as set out in item 11A of Table 2 of Part B.
Such allowance shall be considered as salary for all purposes of this award
(including the calculation of overtime and penalty rates).and shall be adjusted
from time to time in accordance with any general wage movements in this
Award. Part time and Casual employees
shall be paid this allowance on a pro rata basis.
(iv) All
nurses employed by the Justice Health Service shall be paid a productivity
allowance as set out in item 11B of Table 2 of Part B. Such allowance shall be
considered as salary for all purposes of this award (including the calculation
of overtime and penalty rates), and shall be adjusted from time to time in
accordance with any general wage movements in this award. Part time and Casual
employees shall be paid this allowance on a pro rata basis.
Air Ambulance Service
(v) In addition to
the weekly rate of pay prescribed by Clause 9, Salaries, Flight Nurses shall
receive the sum in Item 19 of Table 2 of Part B as an industry allowance. This
allowance shall not form part of the normal wages in respect of overtime, shift
penalties or penalties for weekends and public holidays. This allowance shall
not be payable on annual leave, long service leave or sick leave.
(vi) Reserve
Duty Allowance - A Flight Nurse required to stand by at a country centre
outside normal rostered hours shall be paid one-third of the normal hourly rate
while so doing and while not engaged in actual duties.
(vii) Unscheduled
Stopovers - A Flight Nurse required to remain away from home overnight shall be
provided with accommodation and full board of a reasonable standard which will
be paid for by the Ambulance Service.
(viii) Each five
hours during a tour of duty only, a meal allowance, as set out in subclause
(ix) below shall be paid unless a meal is provided.
(ix) The allowance
per meal shall be the average of the allowances for breakfast, lunch and dinner
as determined by Item 19 of Table 1 of the Department of Premier and Cabinet
Circular C2010-28 Review of Meal, Travelling and Other Allowances (as amended
or replaced).
Team Leader
(x) Payment of the
Team Leader allowance provided for in the Health Professionals and Medical
Salaries Award ceased to apply for employees covered by this Award from 1 July
2008, except that nurses in receipt of such an allowance immediately prior to 1
July 2008 whose salary is in advance of the applicable rate under the NSW
Health Service Health Professionals (State) Award continue to receive that
allowance while occupying their existing role.
(xi) A registered
nurse responsible for the leadership, guidance and line management of a
multi-disciplinary team of health professionals in a community-based service
whose annual salary is lower than the relevant salary set out in the NSW Health
Service Health Professionals (State) Award for the Team Leader role shall for
all purposes be paid the difference between their salary and the applicable
salary set out in the NSW Health Service Health Professionals (State) Award for
the relevant Team Leader classification as follows:
(a) A registered nurse
responsible for the leadership, guidance and line management of a
multi-disciplinary team of up to five other full time equivalent health
professionals or other technical staff or support staff providing clinical
input in a community-based service shall be paid the base salary applicable to
Health Professional Level 3, Year 2.
(b) A registered
nurse responsible for the leadership, guidance and line management of a
multi-disciplinary team of more than five and less than 10 other full time
equivalent health professionals or other technical staff or support staff
providing clinical input in a community-based service shall be paid the base
salary applicable to Health Professional Level 4, Year 2.
(c) A registered
nurse responsible for the leadership, guidance and line management of a
multi-disciplinary team of more than 10 and less than 20 other full time
equivalent health professionals or other technical staff or support staff
providing clinical input in a community-based service shall be paid the base salary
applicable to Health Professional Level 5, Year 2.
18. Telephone
Allowance
If an employee is required by his or her employer to have a
telephone installed at his or her residence for the purposes of his or her
employment, the employer shall be responsible for the payment of -
(a) the cost of installation of the telephone
(b) three quarters
of the cost of the rental of that telephone
(c) the cost of all official calls.
19. Deliberately
Left Blank
20. Mobility,
Excess Fares and Travelling
For the purpose of this clause accustomed place of work
shall mean the location where an employee is regularly required to commence
duty by the employer.
(i) An
employee shall be required to proceed to the accustomed place of work and
return home once on each ordinary working day or shift in the employee's own
time and at the employee's own expense.
(ii)
(a) Where an
employee is directed to report for duty to a place of work other than the
employee's accustomed place of work the employee shall travel to and from the
alternative place of work in the employer's time for those periods in excess of
time normally taken to travel to and from the accustomed place of work.
(b) If the excess of
travelling time on a particular day or shift is greater than the prescribed
ordinary hours of duty for the particular category of staff for that day or
shift, then the excess of hours, shall be paid at the
ordinary rate of pay to the extent of the excess of travelling time.
(c) Fares incurred
by such employee in excess of the fares normally incurred in travelling to the
employee's accustomed place of work and returning home from the accustomed
place of work, shall be reimbursed.
(d) Where the
employee is required to report to an alternative place of work and has the
prior approval of the employer to travel by his/her own mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance will be as prescribed by Item 6 of
Table 1 of the Treasury Circular Industrial Relations NSW TC 14/30 Review of
Meal, Travelling and Other Allowances (as amended or replaced).
(iii)
(a) Where an
employer has determined that an employee or employees should report to a new
accustomed place of work on a permanent basis, the decision must be discussed
with the affected employee(s) and the local branch of the relevant union(s)
prior to notice of changed accustomed place of work being given. An employer
shall only make such a determination where it is reasonable in all the
circumstances to do so.
(b) The employer
shall give the employee reasonable notice of the requirement to report to a new
accustomed place of work. For the purpose of this sub-clause, "reasonable
notice" shall be one calendar month prior to the date the employee is
first required to report to the new accustomed place of work.
(c) Where the
accustomed place of work is changed on a permanent basis by the employer, the
employee shall report to the new accustomed place of work on the date specified
by the employer.
(d) If there is
disagreement about such decision after such discussion or if a significant number
of employees are involved, the matter should be referred to the Ministry of
Health, which will discuss the matter with the appropriate union(s) and will
determine the date upon which notice will be given to employee(s).
(iv)
(a) The provision
of this clause shall not apply to an employee appointed to regularly perform
relief duties or to employees specifically employed to perform duties at more
than one place of work except as provided in (b) hereunder.
(b) If a reliever
incurs fares in excess of the amount as set in Item 12 of Table 2 - Other Rates
and Allowances per day in travelling to and from the relief site, the excess
shall be reimbursed.
(c) Where a
reliever, with the prior approval of the employer, travels by his/her own mode
of conveyance and incurs travelling costs in excess of the amount as set in
Item 12 per day to and from the relief site, such excess shall be reimbursed.
The rate applicable shall be the kilometre allowance prescribed by Item 6 of
Table 1 of the Treasury Circular Industrial Relations NSW TC 14/30 Review of
Meal, Travelling and Other Allowances (as amended or replaced).
(v) No payment
shall be made under this clause unless the employer is satisfied that the
employee has incurred additional expenditure in having to report to an
alternative place of work, at the direction of the employer.
(vi) Travel
to an alternative place of work, either by public transport or own mode of
conveyance, shall in all instances be by the most direct route.
21. Car Allowance
An employee who, with the approval of the Chief Executive
Officer or his/her nominee, uses on official business a motor vehicle
maintained primarily for other than official business, shall be paid an
allowance based on the rates prescribed by Item 6 of Table 1 of the Treasury
Circular Industrial Relations NSW TC 14/30 Review of Meal, Travelling and Other
Allowances (as amended or replaced).
22. Provision of
Communication Device
An employee who is required to visit clients away from a
secure working environment shall, during the performance of such duties, be
provided with a suitable and effective communication device. The provision of
this equipment is intended to improve service delivery, together with enhancing
the safety and wellbeing of the employee.
23. Uniform and
Laundry Allowances
(i) Subject
to subclause (ii) of this clause, sufficient, suitable and serviceable
uniforms, including one pair of shoes per annum which shall be of a recognised
acceptable standard for the performance of nursing duties, shall be supplied
free of cost to each employee required to wear a uniform. An employee
to whom a new uniform or part of a uniform has been issued who, without good
reason, fails to return the corresponding article last supplied shall not be
entitled to have such article replaced without payment therefore at a
reasonable price.
(ii) An employee,
on leaving the service of an employer, shall return any uniform or part thereof
supplied by that employer which is still in use immediately prior to leaving.
(iii)
(a) In lieu of
supplying uniforms and shoes to an employee, an employer shall pay the said
employee the sum as set out in Item 13 of Table 2 of Part B per week, which
includes a sum as set in the said Item 13 per week for shoes. Provided, however, that if a uniform includes
a cardigan or jacket an additional amount as set in the said Item 13 per week
shall also be paid.
(b) The allowances
prescribed in this subclause continue to be payable during any period of paid
leave.
(iv)
(a) If, in any
public hospital or public health organisation, the uniforms of an employee are
not laundered at the expense of the employer, an allowance as set out in Item
14, of Table 2 of Part B per week shall be paid to the said employee. Provided
that this allowance is not payable during any period of leave which exceeds one
continuous week.
(b) This allowance
is also payable to employees providing direct clinical care and who are not
required to wear a uniform.
(v) Where the
employer requires any employee to wear headgear, the employer shall provide
headgear free of charge to the employee.
(vi) Each
employee whose duties regularly require them to work out of doors shall be
supplied with a suitable waterproof coat, hat and overboots.
Sufficient waterproof clothing shall be made available for use by other
employees who in the course of their duties are exposed to wet weather.
(vii) The Ambulance
Service shall provide for each employee sufficient suitable and serviceable
uniforms, including the following articles of clothing:
a) For female
employees:
1 Uniform Jacket
3 Culotte Mid-weight Skirts
2 Winter weight Culotte Skirts
3 Slacks
4 Blouses (2 long sleeve, 2 short sleeve)
1 Pair of Shoes
1 Handbag
1 Cardigan
1 Raincoat
1 Parka
b) For male
employees - The equivalent items of clothing of the NSW Ambulance Service
officers' uniform shall be provided.
24. Higher Grade
Duty
(i) An
employee who is called upon to relieve and does relieve an employee in a higher
classification or is called upon to act and does act in a vacant position of a
higher classification for a continuous period of at least five working days
shall be entitled to receive for the period of such relief or acting, the
minimum payment for such higher classification.
The employer shall not rotate the performance of higher grade duty so as
to avoid payment for performance of the higher grade duty in this manner.
(ii) Where an
employee acts in a vacant management position covered by this Award continuously
for more than six months, the employee will be deemed to be appointed to that
position until such time as another appointment is made by the employer, or the
employer determines that the management position will no longer be occupied. The employer shall have appropriate regard to
the sharing of acting arrangements for developmental purposes and equitable
treatment of employees, but the employer shall not rotate duties in such a
manner as to avoid the intentions of this subclause.
25. Overtime
(i)
(a) Subject to
paragraph (b) of this subclause an employer may require an employee to work
reasonable overtime.
(b) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(c) For the
purposes of paragraph (b), what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to employee health and safety;
(ii) the employee’s personal circumstances including any family
and carer responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer of the overtime
and by the employee of his or her intention to refuse it; and
(v) any other relevant matter.
(ii)
(a) Subject to paragraph
(b) of this subclause all time worked by employees in excess of the rostered
daily ordinary hours of work shall be overtime and shall be paid for at the
rate of time and one half for the first two hours and double time thereafter in
respect of each overtime shift worked or in respect of overtime worked prior to
or at the conclusion of a normal shift. Provided that overtime worked on
Sundays shall be paid for at the rate of double time and on public holidays at
the rate of double time and one half.
(b) Employees
employed pursuant to Part 1 of Clause
29, Part Time, Casual and Temporary Employees, (ie.
Permanent Part-Time Employees) shall be entitled to payment for overtime in
accordance with the arrangements set out in NSW Health Policy Directive No.
PD2005_439 On Call Roster, as amended from time to
time. Overtime shall be paid for at the
rate of time and one half for the first two hours and double time thereafter
except that on Sundays such overtime shall be paid for at the rate of double
time and on public holidays at the rate of double time and one half.
(iii) An employee
recalled to work overtime after leaving the employer's premises shall be paid
for a minimum of four hours work at the appropriate
rate each time so recalled. If the work required is completed in less than four
hours, the employee shall be released from duty.
(iv) In lieu of the
conditions specified in subclauses (ii) and (iii) of this clause, a nurse who
works overtime may be compensated by way of time off in lieu of overtime,
subject to the following requirements:
(a) Time off in
lieu must be taken within three months of it being accrued at ordinary rates.
(b) Where it is
not possible for a nurse to take the time off in lieu within the three month
period, it is to be paid out at the appropriate overtime rate based on the
rates of pay applying at the time payment is made.
(c) Nurses cannot
be compelled to take time off in lieu of overtime.
(d) Time off in
lieu of overtime should only be considered as an option in those circumstances
where the employer is able to provide adequate replacement staff to ensure that
the level of quality of service that would otherwise have been provided had
overtime been worked, is in fact provided.
(e) Records of all
time off in lieu owing to nurses and taken by nurses must be maintained.
(v) An employee
required to work overtime following on the completion of his or her normal
shift for more than two hours shall be allowed twenty minutes for the partaking
of a meal and a further twenty minutes after each subsequent four hours
overtime; all such time shall be counted as time worked. Provided
that the benefits of this subclause shall not apply to an employee employed
pursuant to Part 1 of clause 29, Part-Time, Casual and Temporary Employees, until
the expiration of the normal shift for a majority of the full-time employees
employed on that shift in the ward or section concerned.
(vi) An employee
recalled to work overtime after leaving the employer's
premises and who is required to work for more than four hours shall be allowed
twenty minutes for the partaking of a meal and further twenty minutes
after each subsequent four hours overtime; all such time shall be counted as
time worked.
(vii) (a) The meals
referred to in subclause (v) and (vi) of this clause shall be allowed to the
employee free of charge. Where the employer is unable to provide such meals, an
allowance per meal as calculated hereunder shall be paid to the employee
concerned.
(b) The allowance
per meal shall be the average of the allowances for breakfast, lunch and dinner
as determined by Item 19 of Table 1 of the Treasury Circular Industrial
Relations NSW TC 14/30 Review of Meal, Travelling and Other Allowances (as
amended or replaced).
(viii) Where an
employee is required to work an overtime shift on his or her rostered day off,
the appropriate meal breaks for that shift, as prescribed by clause 4, Hours of
Work and Free Time of Employees Other Than Directors of Nursing, shall apply.
(ix) An employee
who works so much overtime:
(a) between the
termination of his or her ordinary work on any day or shift and the
commencement of his or her ordinary work on the next day or shift that he or
she has not had at least ten consecutive hours off duty between these times; or
(b) on a Saturday,
a Sunday and a holiday, not being ordinary working days, or on a rostered day
off without having had ten consecutive hours off duty in the twenty-four hours
preceding his or her ordinary commencing time on his or her next day or shift;
shall, subject to this subclause, be released after completion of such overtime
until he or she has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence. If on the instruction of the employer such an
employee resumes or continues to work without having had such ten consecutive
hours off duty he or she shall be paid at double rates until released from duty
for such period and he or she then shall be entitled to be absent until he or
she has had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
(c) The
requirement for an employee to have at least ten consecutive hours off duty
before or after overtime shall be reduced to eight hours in the following
circumstances:
(i) Where
the employee and local nursing management have agreed to an eight hour break
between each rostered shift;
(ii) Where an
employee has exchanged the shift rostered before or after the overtime period
with another employee.
(d) Periods rostered
on-call or periods attracting the prescriptions of paragraph (c) of subclause
(vii) of clause 12, Special Allowances regarding telephone counselling are to
be regarded as forming part of the ten consecutive hours off duty pursuant to
paragraphs (a) and (b) of this sub-clause.
(x) Where an
employee has been rostered to work overtime and is subsequently notified by the
employer with less than 24 hours notice that the
overtime has been cancelled, the employee shall be entitled to payment of four
hours pay at ordinary time, ie. at
the employee's base rate of pay.
(xi) This clause
shall not apply to Nurse/Midwife Managers classified at Grade 4 or above,
except where all of the following criteria are met:
(a) the
Nurse/Midwife Manager is employed in a small public hospital that does not
employ Nurse/Midwife Managers to supervise the nursing/midwifery services on
evenings, nights and/or weekends; and
(b) the
Nurse/Midwife Manager is required to work overtime due to the public hospital
having insufficient nursing/midwifery staff available to be rostered on duty at
the relevant time; and
(c) the Nurse/Midwife Manager is required to work overtime in
order to personally provide "hands on" clinical care of patients.
26. Escort Duty
(i) Periods
during which an employee, other than a Director of Nursing, is engaged in
nursing duties, viz., in attendance on a patient, shall be paid as working time
under this award. Where applicable, overtime shall be payable.
(ii) All
reasonable out of pocket expenses shall be reimbursed.
(iii) Rostered time
shall be paid as such even though an employee may be travelling, in hotel/motel
accommodation or waiting for transport.
(iv) In
respect of non-rostered time not spent in nursing duties:
(a) Periods in hotel/motel
accommodation or waiting time for transport shall not be counted as working
time;
(b) Periods in
travelling shall count as working time.
27. Payment and
Particulars of Salaries
(i) All
salaries and other payments shall be paid fortnightly provided that payment for
any overtime and/or shift penalties worked may be deferred to the pay day next
following the completion of the working cycle within which such overtime and or
shift penalties is worked, but for no longer.
Provided further that any proposal to alter the day on which wages are
to be paid or the number of days pay kept in hand by the employer,
must be the subject of consultation with the Head Office of the Association.
(ii) Employees
shall have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee. Salaries shall be
deposited by the employer in sufficient time to ensure that wages are available
for withdrawal by employees by no later than payday, provided that this
requirement shall not apply where employees nominate accounts with non-bank
financial institutions which lack the technological or other facilities to
process salary deposits within 24 hours of the employer making their deposits
with such financial institutions but in such cases the employer shall take all
reasonable steps to ensure that the wages of such employees are available for
withdrawal by no later than payday.
(iii) Notwithstanding
the provisions of subclause (ii) of this clause, an employee who has given or
has been given the required notice of termination of employment, in accordance
with clause 45, Termination of Employment, shall be paid all monies due to
him/her prior to ceasing duty on the last day of employment. Where an employee
is summarily dismissed or his/her services are terminated without due notice,
any monies due to him/her shall be paid as soon as possible after such
dismissal or termination but in any case not more than three days thereafter.
(iv) On each payday
an employee, in respect of the payment then due, shall be furnished with a
written statement 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 monies paid
and the purpose for which they are paid, and the amount of the deductions made
from the total earnings and the nature thereof.
(v) Underpayment
and overpayment of salaries: The
following process will apply once the issue of underpayment or overpayment is
substantiated.
(a) Underpayment:
(i) If
the amount paid is equal to or greater than one day’s gross base pay the
underpayment will be rectified within three working days;
(ii) If the amount
is less than one day’s gross base pay it will be rectified by no later than the
next normal pay. However if the employee
can demonstrate that rectification in this manner would result in undue
hardship every effort will be made by the employer to rectify the underpayment
within three working days.
(b) Overpayment
(i) In
all cases where overpayments have occurred, the employer shall as soon as
possible advise the employee concerned of both the circumstances surrounding
the overpayment and the amount involved. The employer will also advise the
employee of the pay period from which the recovery of the overpayment is to
commence.
(ii) One off
overpayments will be recovered in the next normal pay, except that where the
employee can demonstrate that undue hardship would result, the recovery rate
shall be at 10% of an employee's gross fortnightly base pay.
(iii) Unless the
employee agrees otherwise, the maximum rate at which cumulative overpayments
can be recovered is an amount, calculated on a per fortnight basis, equivalent
to 10% of the employee's gross fortnightly base pay.
(iv) The
recovery rate of 10% of an employee's gross fortnightly base pay referred to in
subclause (b) (iii) above may be reduced by agreement, where the employee can
demonstrate that undue hardship would result.
(v) Where an
employee's remaining period of service does not permit the full recovery of any
overpayment to be achieved on the fortnightly basis prescribed in subclause (b)
(iii) above, the Ministry shall have the right to deduct any balance of such
overpayment from monies owing to the employee on the employee's date of
termination, resignation or retirement, as the case may be.
(vi) Subject
to the provisions of paragraphs (ii) and (iii) above, where the
circumstances make it appropriate the Chief Executive of the Public Health
Organisation or delegate may exercise discretion in regard to recovery of
overpayments.
28. Registration
Pending
An employee who has met the requirements and applied for
registration as a Registered Nurse or Enrolled Nurse shall, upon registration
by the Board be paid as from the date of application for registration the
salary to which she or he would have been entitled if registered as a
Registered Nurse or Enrolled Nurse.
29. Part-time,
Casual and Temporary Employees
PART I - PERMANENT PART-TIME EMPLOYEES
(i) A
permanent part-time employee is one who is permanently appointed by a public
hospital or public health organisation to work a specified number of hours
which are less than those prescribed for a full-time employee. Provided that
employers must not utilise this provision in a manner which has the effect of
subverting the intentions of the 38-hour week arrangements whereby full-time
employees work on no more than 19 days in each 28 day roster cycle.
(ii) The number of
persons employed under Part 1 of this clause shall be limited so that the
proportion of a public hospital's permanent part-time nursing workforce,
expressed in full-time equivalents, shall not exceed 33 1/3 per cent of the public
hospital's total nursing workforce, expressed in
full-time equivalents. Provided that where the consent of the Association is
first obtained, the figure of 33 1/3 per cent permanent part-time employees may
be exceeded. Should the Association not consent to a higher percentage of
permanent part-time employees at a public hospital, resort may be had to the
dispute settling procedures provided for in clause 48, Disputes. The parties
agree that they will take account of the Government’s flexible work practices
policy.
(iii) Subject to
subclause (iv) of this clause employees engaged under Part 1 of this clause
shall be paid an hourly rate calculated on the basis of one thirty-eighth of
the appropriate rate prescribed by clause 8, Salaries, with a minimum payment
of two hours for each start, and one thirty-eighth of the appropriate
allowances prescribed by clause 19, Uniform and Laundry Allowances, but shall
not be entitled to an additional day off or part thereof as prescribed by
subclauses (iii) and (v) of Clause 4, Hours of Work and Free Time of Employees
Other Than Directors of Nursing and Area
Managers, Nurse Education.
(iv) Four weeks
annual leave on ordinary pay is to be granted on completion of each twelve
months service, The provisions of subclauses (v) to (xi) of clause 30, Annual Leave, and clause 31, Annual Leave Loading, shall apply to
employees engaged under Part 1 of this clause. The remaining provisions of
clause 30 shall not apply.
(v) A public holiday
occurring on an ordinary working day shall be allowed to employees without loss
of pay; provided that an employee who is required to and does work on a public
holiday shall have one day or one half day, as appropriate, added to his/her
period of annual leave and be paid at the rate of one half time extra for the
time actually worked. Such payment is in lieu of any additional rate for shift
work or weekend work which would otherwise be payable had the day not been a
public holiday. In lieu of adding to
annual leave under this paragraph an employee may elect to be paid for the time
actually worked at the rate of time and one half in addition to his/her
ordinary weekly rate. Where payment is made in lieu of leave in respect of time
worked on a public holiday, payment shall be made for a minimum of four hours work, and any balance of the day or shift not worked
shall be paid at ordinary rates. For employees who work less than five days per
week, when a public holiday occurs on a day of the week on which an employee
regularly works, that employee shall be entitled to observe the public holiday
without loss of pay, ie. the
employee’s roster must not be changed to avoid payment of the public holiday.
(vi) To the leave
prescribed by subclause (iv) of this Part there shall be added one working day
for each public holiday or one-half working day for each half public holiday
which occurs on what would have been an ordinary working day during a period of
annual leave.
(vii) For the
purpose of this Part of this clause the following are to be public holidays,
viz., New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and
any other day duly proclaimed and observed as a public holiday within the area
in which the employee’s usual workplace is situated.
(viii) In addition to
those public holidays prescribed in subclause (vii) of this Part, there shall
be an extra public holiday each year. Such public holiday will occur on the August
Bank Holiday or a date which is determined by the public hospital or public
health organisation following consultation with the Association. This subclause
shall apply in substitution for any additional local public holiday or half
public holiday proclaimed in a local government area.
(ix) In this Part,
ordinary pay, for the purposes of sick leave and annual leave, shall be
calculated on the basis of the average weekly ordinary hours worked over the 12
months' qualifying period.
(x) Employees
engaged under this Part shall be entitled to all other benefits of this award
not otherwise expressly provided for herein in the same proportion as their
ordinary hours of work bear to full-time hours.
(xi) Where a
permanent part-time employee has been rostered to work any additional shift and
is subsequently notified by the employer with less than 24 hours
notice that the shift has been cancelled, the employee shall be entitled
to payment of four hours pay at ordinary time, ie. at the employee's base rate of pay.
(xii) A part time
employee may elect to increase their contracted hours to reflect the average of
the actual hours worked per fortnight in the preceding 12 month period (except
in circumstances where the part time engagement has been specifically for the
purpose of temporarily backfilling a position where the substantive occupant
has been on extended leave). The employer will not unreasonably withhold
agreement to this request.
(xiii) A part time
employee may elect to convert to full time status. The employer will not
unreasonably withhold such agreement to this request.
PART II - CASUAL EMPLOYEES
A. General
Provisions
(i) A
casual employee is one engaged on an hourly basis otherwise than as a permanent
part-time or full-time employee.
(ii) A casual employee
shall be paid an hourly rate calculated on the basis of one thirty-eighth of
the appropriate rate, prescribed by clause 9, Salaries, plus 10 per centum
thereof, with a minimum payment of two hours for each start, and one
thirty-eighth of the appropriate allowances prescribed by clause 19, Uniform
and Laundry Allowances.
(iii) With respect
to a casual employee the provisions of clause 41, Deputy Directors of Nursing,
Assistant Directors of Nursing; clause 7, Hours of Work and Free time of
Directors of Nursing and Area Managers, Nurse Education; clause 25, Overtime;
clause 30, Annual Leave; clause 16, Fares and Expenses; clause 20, Mobility,
Excess Fares and Travelling, Clause 55, Learning and Development Leave and
sub-clause (vii) of clause 38, Accommodation and Board, shall not apply.
Further, casual employees shall not be entitled to an
additional day off or part thereof as prescribed by subclauses (iii) and (v) of
clause 4, Hours of Work and Free Time of Employees Other Than Directors of Nursing
and Area Managers, Nurse Education.
(iv) For
the entitlement to payment in respect of annual leave, see Annual Holidays Act,
1944.
(v) A casual
employee who is required to and does work on a public holiday as defined in
sub-clauses (iii) and (iv) of clause 30, Annual Leave, shall be paid for the
time actually worked at the rate of double time and one-half such payment being
in lieu of weekend or shift allowances which would otherwise be payable had the
day not been a public holiday; provided that a casual employee shall not be
entitled to be paid in addition the allowance of 10 per centum prescribed in
subclause (ii) of Part II in respect of such work.
(vi) Where a casual
employee has been notified by an employer of a time to commence an engagement
and that engagement is subsequently cancelled by the employer with less than
two hours notice the casual employee must be paid a
minimum payment of two hours calculated at the rate which would have applied
had the cancellation not occurred.
(vii) A casual
employee must not be required to work more than 12 consecutive hours unless the
casual employee consents to do so.
B. Casual
Conversion
(i) The
objective of this subclause B, Casual Conversion, is for the employer to take
all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees. These provisions arise from the Secure
Employment Test Case 2006.
(ii) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(iii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of six months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with
this notice requirement.
(iv) Any casual
employee who has a right to elect under paragraph (ii), upon receiving notice
under paragraph (iii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(v) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(vi) Once
a casual employee has elected to become and been converted to a full-time
employee or a part-time employee, the employee may only revert to casual
employment by written agreement with the employer.
(vii) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (iv), the employer and employee shall, in accordance with
this paragraph, and subject to paragraph (iv), discuss and agree upon:
(a) whether the employee will convert to full-time or part-time
employment; and
(b) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW).
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(viii) Following an
agreement being reached pursuant to paragraph (vii), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(ix) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
PART III - TEMPORARY EMPLOYEES
(i) A
temporary employee is one engaged for a set period not exceeding 13 weeks,
provided that fixed term contracts of employment, whether for periods greater
or lesser than 13 weeks, must not be offered in preference to ongoing contracts
unless they are necessary to meet the genuine operational requirements of the
employer, which may include but not be limited to parental leave, limited term
funding arrangements, long term leave relief, forthcoming service reductions,
and anticipated peak demand times.
(ii) A temporary
employee shall be paid in addition to all rates and allowances to which the
said employee is entitled under this award, an allowance equal to 10 per centum
of the rates prescribed for his or her classification by clause 8, Salaries, of
this award, provided that this subclause shall cease to apply upon:
(a) the said period of engagement being extended after the said
period of 13 weeks;
(b) the employer and the employee agreeing during the said
period of 13 weeks, that the employee shall be employed on a permanent
part-time or full-time basis.
(iii) For
entitlement to payment in respect of annual leave, see Annual Holidays Act,
1944.
PART IV - SAVINGS PROVISIONS
(i) Employees
engaged as part-time employees as at 30 June 1986 shall be entitled to exercise
the option of receiving the benefits of employment specified in Part 1 of this
clause or in lieu thereof the following:
(ii) Such
part-time employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed by clause 9, Salaries, plus 10
per centum thereof with a minimum payment of two hours for each start, and one
thirty-eighth of the appropriate allowance prescribed by clause 23, Uniform and
Laundry Allowances.
(iii) With respect
to such part-time employees, the provisions of clause 41, Deputy Directors of
Nursing, Assistant Directors of Nursing; clause 7, Hours of Work and Free Time
of Directors of Nursing and Area Managers, Nurse Education; clause 25,
Overtime; clause 30, Annual Leave; clause 16, Fares and Expenses; clause 20,
Mobility, Excess Fares and Travelling and subclause (vii) of clause 38,
Accommodation and Board, of this award shall not apply. Further, part-time
employees shall not be entitled to an additional day off or part thereof as
prescribed by subclauses (iii) and (v) of clause 4, Hours of Work and Free Time
of Employees Other Than Director of Nursing and Area Managers, Nurse Education.
(iv) For
entitlement to payment in respect of annual leave, see Annual Holidays Act,
1944.
(iii) Such part-time
employee who is required to and does work on a public holiday as defined in
subclause (iii) and (iv) of clause 30,
Annual Leave, shall be paid for the time actually worked at the rate of double
time and one half such payment being in lieu of weekend or shift allowances
which would otherwise be payable had the day not been a public holiday;
Provided that a part-time employee shall not be entitled to be paid in addition
the allowance of 10 per cent prescribed in subclause (ii) of this Part in respect
of such work.
(iv) The provisions
of subclauses (i) and (ii) of clause 33, Long Service
Leave of this award shall not apply to such part-time employees who shall be
entitled to long service leave in accordance with the provisions of the Long
Service Leave Act, 1955.
30. Annual Leave
(i) Annual
leave on full pay is to be granted on completion of each twelve months' service
as follows:
(a) Employees
required to work on a seven day basis - six weeks
annual leave.
(b) All other
employees - four weeks annual leave.
(ii)
(a) An employee to
whom paragraph (a) of subclause (i) applies and who
is required to and does work on a public holiday shall be paid, in addition to
the appropriate ordinary weekly rate of pay, at the rate of one half time extra
for the time actually worked on such holiday. Such payment shall be in lieu of
any additional rate for shift work or weekend work which would otherwise be
payable had the day not been a public holiday.
(b) To leave
prescribed by paragraph (a) of subclause (i) there
shall be added one working day or one half working day for each public holiday
or half public holiday (not being one of the 10 specifically named public
holidays prescribed by subclause (iii) of this clause, or a substituted day
proclaimed in lieu of any of them) which may occur during the qualifying period
for annual leave or during the period of annual leave.
(c) A public
holiday occurring on an ordinary working day shall be allowed to employees
covered by paragraph (b) of subclause (i) on full
pay; provided that an employee who is required to and does work on a public
holiday shall have one day or one half day, as appropriate, added to his/her
period of annual leave and be paid at the rate of one half time extra for the
time actually worked. Such payment is in lieu of any additional rate for shift
work or weekend work which would otherwise be payable had the day not been a
public holiday.
In lieu of adding to annual leave under this paragraph
an employee may elect to be paid for the time actually worked at the rate of
time and one half in addition to his/her ordinary weekly rate. Where payment is
made in lieu of leave in respect of the time worked on a public holiday,
payment shall be made for a minimum of four hours
work, and any balance of the day or shift not worked shall be paid at ordinary
rates.
(d) Where a public
holiday falls on a rostered day off of a shift worker as defined in clause 3,
Definitions, and who receives four weeks annual leave in accordance with
paragraph (b) of subclause (i) of this clause, such
shift worker shall be paid one day's pay in addition to the weekly rate or if
the employee so elects shall have one day added to the period of annual leave.
(e) To the leave
prescribed by paragraph (b) of subclause (i) there
shall be added one working day for each public holiday or one half working day
of each half public holiday which occurs on what would have been an ordinary
working day during a period of annual leave; provided that in the case of a
shift worker referred to in paragraph (d) of this subclause the provisions of
this paragraph shall apply to any public holiday falling during the period of
annual leave.
(iii) For the
purpose of this subclause the following are to be public holidays viz., New Years Day, Australia Day, Good Friday, Easter Saturday,
Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing
Day and any other day duly proclaimed and observed as a public holiday within
the area in which the employee’s usual workplace is situated.
(iv) In
addition to those public holidays prescribed in subclause (iii) of this
clause, employees are entitled to an extra public holiday each year. Such public holiday will occur on a day in
the Christmas-New Year period as determined by the employer following
consultation with the Association, or other suitable day as agreed between the
employer and the Association. Such
public holiday shall be regarded for all purposes of this clause as any other
public holiday. This subclause shall
apply in substitution for any additional local public holiday or half public
holiday proclaimed in a local government area.
(v) An employee
shall be eligible for annual leave when 12 months have elapsed since the date
on which the first annual leave would have begun if taken immediately it had
become due, or if the employee has not previously had annual leave, since the
commencement of employment.
(vi) Annual leave
shall be given and taken either in one consecutive period or two periods, or if
the employer and employee so agree, in either two, three, or four separate
periods but not otherwise. Provided that
up to five single days per year may be taken at times convenient to both the
employer and the employee.
(vii)
(a) Annual leave
shall be given and shall be taken within a period of six months after the date
when the right to annual leave accrued; provided that the giving and taking of
such leave may be postponed, by mutual agreement between the parties for a
further period not exceeding six months.
(b) Nothing in
this subclause shall prevent an employer by agreement with the employee, from
allowing annual leave to an employee before the right thereto has accrued but
where leave is taken in such a case a further period of annual leave will not
commence to accrue until the expiration of the 12 months in respect of which
annual leave was taken before it accrued.
(c) The employer
shall give each employee, where practicable, three months
notice of the date upon which he or she shall enter upon leave and in
any event, such notice shall not be less than 28 days.
(viii)
(a) Each employee
before going on leave shall be paid for the period of the leave at the ordinary
rate of salary to which he or she is entitled under this award.
(b) For the
purpose of this subclause "ordinary rate of salary" means the award
salary without any deduction for accommodation and/or board, provided that the
employer is entitled to make such deduction for accommodation as is authorised
by clause 38, Accommodation and Board, of this award, if the employee, having
been requested by the employer to leave his or her room completely vacant
during the period of annual leave, fails to do so.
(c) An employee to
whom paragraph (a) of subclause (i) applies shall be
paid during the first 28 consecutive days whilst on annual leave his or her
ordinary rate of salary plus shift allowances and weekend penalties relating to
ordinary time the employee would have worked if he or she had not been on
annual leave. Additional annual leave accrued under subclause (xi) attracts
shift allowances and weekend penalties relating to ordinary time the employee
would have worked if he or she had not been on annual leave.
Provided that, the provisions of the preceding
paragraphs of this subclause shall not apply to public holidays which occur
during a period of annual leave or days which have been added to annual leave
in accordance with paragraph (b) of subclause (ii) and subclause (iv) of this clause.
(ix) Except as
provided in subclause (x) and (xi) of this clause payment for annual leave
shall not be made or accepted in lieu of annual leave.
(x) Where the
employment of an employee is terminated, the employee shall be entitled to
receive, in addition to all other amounts due, in respect of service of less than
one year an amount equal to one twelfth (6/46ths in respect of employees
rostered to work on a seven day basis) of his or her ordinary pay for that
period of employment together with payment for any days added to annual leave
in accordance with subclause (ii) of this clause and in calculating such
payment no deduction is to be made for accommodation or board. Provided that this subclause shall not apply to an employee who
elects to transfer his or her leave entitlement in accordance with NSW Health
Policy Directive No. PD2014_029 Leave Matters for the NSW Health
Service, as amended from time to time.
(xi)
(a) In addition to
the leave prescribed by subclause (i) employees who
work their ordinary hours on Sundays and/or public holidays are entitled to receive
additional annual leave as follows:
|
Number of ordinary shifts worked on Sundays and/or public
holidays during qualifying period of employment for annual leave purposes
|
Additional Annual Leave
|
|
4 to 10
|
1 day
|
|
11 to 17
|
2 days
|
|
18 to 24
|
3 days
|
|
25 to 31
|
4 days
|
|
32 or more
|
5 days
|
(b) An employee
entitled to additional annual leave under subclauses 30 (i)
(a), 30 (xi) (a) or 17 (ii) can elect at any time to be paid an amount equivalent
to the value of accrued additional annual leave in lieu of taking the
additional leave, provided also that salary for the period of additional leave
paid out will be calculated as if the period of leave paid was actually taken.
(c) On termination
of employment, employees are to be paid for untaken annual leave due under this
subclause together with payment for any leave in respect of an uncompleted year
of employment calculated in accordance with this subclause together with
payment for any untaken leave due in accordance with subclause (x). Provided that this
subclause shall not apply to an employee who elects to transfer his or her
leave entitlement in accordance with NSW Health Policy Directive No.
PD2014_029 Leave Matters for the NSW Health Service, as amended from time to
time.
31. Annual Leave
Loading
Employees shall be paid an annual leave loading in
accordance with NSW Health Policy Directive PD2014_029 Leave Matters for the
NSW Health Service, as amended from time to time.
32. Family and
Community Services Leave and Personal/Carers’ Leave
(i) Family
and Community Services (‘FACS’) Leave and Personal/Carer’s Leave are separate, stand alone entitlements.
(ii) FACS Leave
and Personal/Carer’s Leave are available to all part time and full time
employees covered by this Award in accordance with Parts A, B and D of this
clause.
(iii) FACS Leave
and Personal/Carer’s Leave are available to all casual employees covered by
this Award in accordance with Part C of this clause.
A FACS Leave
(iv) FACS leave -
general
(a) For the
purpose of this clause relating to FACS Leave:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
"household" means a
family group living in the same domestic dwelling.
(b) The
appropriate Chief Executive or authorised delegate may grant FACS Leave to an
employee:
(1) to provide care and/or support for sick members of the
employee’s relatives or household; or
(2) for reasons
related to the family responsibilities of the employee (e.g. to arrange and or
attend a funeral of a relative; to accompany a relative to a medical
appointment where there is an element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(3) for reasons
related to the performance of community service by the employee (e.g. in
matters relating to citizenship; to office holders in local government, other
than as a mayor, for attendance at meetings, conferences or other associated
duties; representing Australia or the State in major amateur sport other than
in Olympic/Commonwealth Games); or
(4) in a case of pressing necessity (e.g. where an employee is
unable to attend work because of adverse weather conditions which either
prevent attendance or threaten life or property; the illness of a relative;
where a child carer is unable to look after their charge).
(v) FACS Leave
replaces Compassionate Leave.
(vi) An
employee is not to be granted FACS Leave for attendance at court to answer a
criminal charge, unless the Chief Executive or authorised delegate approves the
grant of leave in the particular case.
Applications for FACS Leave to attend court, for reasons
other than criminal charges, will be assessed on an individual basis.
The use of FACS leave to attend court pursuant to
clause 11, Leave for Matters arising from Family Violence of this Award, shall
be governed by the provisions of clause 11
(vii) FACS leave -
entitlement
(a) The maximum
amount of FACS Leave on full pay that may be granted to an employee is:
3 working days during the first year of service,
commencing on and from 1 January 1995, and thereafter 6 working days in any
period of 2 years; or
1 working day, on a cumulative basis effective from 1
January 1995, for each year of service after 2 years’ continuous service, minus
any period of FACS Leave already taken by the employee since 1 January 1995,
whichever method provides the
greater entitlement.
(b) For the
purposes of calculating entitlement, a working day for employees working an
average of 38 hours per week in each roster cycle shall be deemed to consist of
8 hours. The rate at which FACS Leave is
paid out and utilised shall be on actual hours absent from the rostered shift.
(c) FACS Leave is
available to part-time employees on a pro rata basis.
(viii) Additional
FACS leave for bereavement purposes
Where FACS leave has been exhausted, additional FACS
leave of up to 2 days for bereavement may be granted on a discrete, "per
occasion" basis to an employee on the death of a relative or member of a
household as defined in subclause (iv)(a) of this clause.
(ix) Use of other
leave entitlements
The appropriate Chief Executive or authorised delegate
may grant an employee other leave entitlements for reasons related to family
responsibilities, or community service, by the employee.
An employee may elect, with the consent of the
employer, to take annual leave; long service leave; or
leave without pay.
B Personal/Carer’s
Leave
(x) Use of sick
leave to care for the person concerned - definitions
A person who needs the employee’s care and support is
referred to as the "person concerned" and is:
(a) a spouse of the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an adult child (including an adopted child, a
step child, a foster child or an ex nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the employee
or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purpose of this
clause relating to Personal/Carer’s Leave:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
"household" means a
family group living in the same domestic dwelling.
(xi) Use of sick
leave to care for the person concerned - entitlement
(a) The
entitlement to use sick leave in accordance with this subclause is subject to
the employee being responsible for the care and support of the person
concerned; and the person concerned being as defined in subclause (x) of this
clause.
(b) An employee
covered by the provisions of this clause with responsibilities in relation to a
person who needs their care and support shall be entitled to use the untaken
sick leave, from that year’s annual sick leave entitlement, to provide care and
support for such persons when they are ill.
(c) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick leave
available under (b) above, sick leave untaken from the previous three years may
also be accessed by an employee with responsibilities in relation to a person
who needs their care and support.
(d) The Chief
Executive or authorised delegate may, in special circumstances, make a grant of
additional sick leave. This grant can only be taken from sick leave untaken
prior to the period referred to in subclause (c) above.
(e) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, that the illness of the person
concerned is such as to require care by another person.
(f) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
(g) The employee
is not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration.
(h) The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(i) In
normal circumstances, the employee must not take leave under this subclause
where another person has taken leave to care for the same person.
(xii) Use of other
leave entitlements
An employee may elect, with the consent of the
employer, to take:
(a) annual leave,
including annual leave not exceeding ten days in single-day periods, or part
thereof, in any calendar year at a time or times agreed by the parties. An employee and employer may agree to defer
payment of the annual leave loading in respect of single day absences until at
least five consecutive annual leave days are taken.
(b) an employee may elect with the employer’s agreement to take
annual leave at any time within a period of 24 months from the date at which it
falls due;
(c) long service leave; or
(d) leave without pay for the purpose of providing care and
support to the person concerned as defined in subclause (x) above.
C Casual
Employee Entitlements
(xiii) Bereavement
entitlements for casual employees
(a) Casual
employees are entitled to not be available to attend work, or to leave work upon
the death in Australia of a person prescribed in subclause (iv)(a) of this clause.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
(xiv) Personal carers entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in subclauses (xi)(e)-(h)
casual employees are entitled to not be available to attend work, or to leave
work if they need to care for a person prescribed in subclause (x) of this
clause who is sick and requires care and support, or who require care due to an
unexpected emergency or the birth of a child.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
D Flexible
Work Practice Alternatives to Using FACS or Personal/Carer’s Leave
(xv) Time off in lieu
of payment of overtime to care for the person concerned
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment of overtime at a time or times agreed with the employer within 12
months of the said election, to care for the person concerned, as defined in
sub-clause (x) above.
(b) Overtime taken
as time off during ordinary time shall be taken at the ordinary time rate, that
is, one hour off for each hour of overtime worked.
(c) If, having
elected to take time as leave in accordance with (xv)(a) above, the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve month period from the date the overtime was
worked, or earlier by agreement, or on termination.
(d) Where no
election is made in accordance with paragraph (xv)(a)
above, the employee shall be paid overtime rates in accordance with the
provisions of clause 25, Overtime.
(xvi) Use of make-up
time
(a) An employee may
elect, with the consent of the employer, to work "make-up time".
"Make-up time" is worked when the employee takes time off during
ordinary hours for family or community service responsibilities, and works
those hours at another time, during the spread of ordinary hours provided for
in clauses 4, 5 and 7 of this Award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off during ordinary hours and
works those hours at another time) at the applicable shift work rate under
clause 15 of this Award to the hours taken off.
33. 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 on full pay for each ten years service.
Employees with at least seven years
service are entitled, proportionate to their length of service, to a
period of long service leave on the basis of two months’ long service leave for
ten years’ service on full pay.
(b) Where the
services of an employee with at least five years service
and less than seven years service are terminated by
the employer for any reason other than the employee’s serious and wilful
misconduct, or by the employee, on account of illness, incapacity or domestic
or other pressing necessity, he/she 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.
Where the services of an employee with at least seven years service are terminated by the employer or by the
employee, he or 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 service:
(1) as a full time
and/or permanent part time employee in one or more hospitals, public health
organisations, Local Health Districts or former NSW Area Health Services.
and
(2) as a full time
and/or permanent part time employee with any "public sector agency"
(as defined by Schedule 3 of the Public Sector Employment and Management Act 2002,
as amended from time to time, hereafter referred to as "the PSEM
Act") or any "Commonwealth or interstate agency" (as defined by
Schedule 3A of the PSEM Act as amended from time to time). In these instances,
such service must meet the relevant provisions of transfer prescribed in the
PSEM Act for such service.
(b) Service shall
not include-
(1) any period of
leave without pay except in the case of employees who have completed at least
ten years service (any period of absence without pay being
excluded therefrom) in which case service shall include any period of leave
without pay not exceeding six months taken after the 12 March 1975;
(2) any period of part-time service arising from service under
Part IV, Savings Provisions, of clause 29, Part-time Casual and Temporary
Employees, except as provided for in subclause (x).
(iii) An employee
with an entitlement to long service leave, may elect
to access their entitlement:
(a) on full pay, or
(b) on half pay, or
(c) on double pay.
(iv) When
an employee elects to access their long service leave entitlement the following
amounts of long service leave are to be deducted from the employee’s long
service leave entitlement:
(a) for each period of long service leave taken on full pay -
the number of days so taken,
(b) for each period of long service leave taken on half pay -
half the number of days so taken,
(c) for each period of long service leave taken on double pay -
twice the number of days so taken. This election is made on the basis that
superannuation contributions for an employee who is a member of the State
Authorities Superannuation Scheme or the State Superannuation Scheme will only
be made for the period of the long service leave actually taken, i.e.
contributions will be made at the single time rate.
It is emphasised that the accessing of long service
leave on the basis of either (a), (b) or (c) above is made by the employee’s
voluntary election.
(v) When an
employee elects to access their long service leave entitlement, other leave
entitlements will accrue as follows:
a) for each
period of long service leave taken on full pay
- all other leave entitlements accrue at the employee’s ordinary rate.
b) for each
period of long service leave taken on double pay - all other leave entitlements accrue at the
employee’s ordinary rate.
c) for each
period of long service leave taken on half pay - annual leave entitlements
accrue at half the employee’s ordinary rate while all other leave entitlements
accrue at the employee’s ordinary rate.
d) This subclause
shall apply to new periods of Long Service Leave taken after 23 February 2011.
(vi) If a public
holiday occurs while an employee is taking long service leave, and but for the
taking of the long service leave the employee would have worked, the amount of
long service leave to be deducted is to be reduced by the public holiday.
(vii) Long service
leave shall be taken at a time mutually arranged between the employer and
employee.
(viii) When a
licensed private hospital becomes a public hospital and an employee of the
private hospital thereupon is employed by the public hospital such employee,
for the purpose of calculating service for long service leave shall be deemed
to have served in the industry of nursing for a period equal to 75 per cent of
the actual continuous service with the employer in the private hospital
immediately prior to the hospital becoming a public hospital.
(ix) Full pay shall
mean the award salary without any deduction for accommodation and/or board;
provided that an employer shall be entitled to make such deduction for
accommodation as is authorised by clause 38, Accommodation and Board, if the
employee having been requested by the employer to leave his or her room
completely vacant during the period of long service leave, fails to do so.
(x) (a) On the termination of employment of an
employee otherwise than by his or her death, an employer shall pay to the
employee the monetary value of all long service leave accrued and not taken at
the date of such termination, unless the employee elects to transfer his or her
leave entitlement in accordance with NSW Health Policy Directive No. PD2014_029
Leave Matters for the NSW Health Service, as amended from time to time.
(b) Where an
employee who has acquired a right to long service leave, or after having had
five years of service and less than ten years service,
dies, the partner of such employee or if there is no such partner the
child/children of such employee (or guardian such as the case may be) or the
legal personal representative of such employee, shall be entitled to receive
the monetary value of the leave not taken or which would have accrued to such
employee had his or her services been terminated as referred to in paragraph
(b) of subclause (i) of this clause and such monetary
value shall be determined according to the salary payable to the employee at
the time of his or her death. For the purposes of this sub-clause, the term
‘partner’ means a spouse or a de facto partner (including a same sex de facto
partner); and 'child/children' means a child or an adult child (including
adopted child, step child, foster child or ex nuptial child)
(xi) An employee
shall be entitled to have previous part-time service which is the equivalent of
at least two full days' duty per week taken into account for long service leave
purposes in conjunction with full-time or permanent part-time service on the
basis of the proportion that the actual number of hours worked each week bears
to 38 hours, provided that the part-time service merges without break with the
subsequent full-time or permanent part-time service.
(xii) All employees
employed under Part I - Permanent Part-Time Employees of Clause 29, Part-Time,
Casual and Temporary Employees of this Award, will have such service counted
for accrual of long service leave entitlement after 30 June, 1986. Such service shall include the average of all
hours worked (excluding overtime) in each year of service or part thereof and
include paid leave taken; in any year or part thereof in which leave without
pay is taken, the period of leave without pay shall not be included for the
purposes of the averaging calculation.
This calculation shall be carried out for each year of
service on the employee’s anniversary date of employment, and an appropriate
entry made into the employees records.
However, in recognition that data on the number of
hours worked (excluding overtime) may not exist for all the periods of service
after 30 June 1986, if there is a lack of data the employer is to calculate the
long service leave entitlement as follows:
(a) In the first
instance, Health Services should utilise all existing records to determine the
average of all hours worked (excluding overtime) and including paid leave taken
for each year of service;
(b) If the data to
determine the number of hours worked (excluding overtime) is not available
prior to the employee’s 2000/2001 anniversary date, Health Services are to calculate
the long service leave entitlement on the basis of the average of all hours
worked (excluding overtime) in each year of service, and including paid leave
taken since the employee’s 2000/2001 anniversary date.
The resultant average of hours worked per week from
application of (a) or (b) above will then be applied over the employee’s total
period of employment after 30 June, 1986 for which data does not exist to form
the basis for calculating payment for the long service leave to be taken by the
employee for this period. In this
situation the employer shall consult with the employee regarding the lack of
data prior to making a final decision that the data does not exist. In any
event, for the purpose of this calculation the resultant average of all hours
worked is to be no less than the employee’s contracted hours for each year of
service.
Entitlement and calculation for any period of
employment prior to 30 June 1986 shall be determined according to subclause
(xi) of this clause.
(xiii) Except as
provided for in subclause (xiv) of this clause, rights to long service leave
under this clause shall be in replacement of rights to long service leave, if
any, which at 12 March 1975, may have accrued or may be accruing to an employee
and shall apply only to persons in the employ of the employer on or after 12
March 1975. Where an employee has been granted long service leave or has been
paid its monetary value prior to 12 March, 1975, the employer shall be entitled
to debit such leave against any leave to which the employee may be entitled
pursuant to this clause.
(xiv) The following
provisions apply only to employees employed in a hospital as at 12 March 1975:
(a) An employee
who -
(i) has had service in a hospital, to which clause 14, Climatic
and Isolation Allowances, applies, prior to 12 March 1975, or
(ii) is employed in a hospital, to which clause 14, Climatic and
Isolation Allowances, applies as at 12 March 1975:
shall be granted long service
leave in accordance with the long service leave provisions in force prior to 12
March, 1975, in lieu of the provisions provided by this award where such
benefits are more favourable to the employee.
(b) An employee
employed -
(i) on
a part time basis as at 12 March 1975, may be allowed long service leave in
accordance with the long service leave provisions in force prior to 12 March
1975, in lieu of the provisions of the Long Service Leave Act, 1955, as
provided for in subclause (x) of this clause;
(ii) on a full
time basis as at 12 March 1975 but who has had prior part time service may be
allowed to continue to be granted long service leave in accordance with the
long service leave provisions in force prior to 12 March 1975, in lieu of the
provisions provided by this award where such benefits are more favourable to
the employee.
(xv) Employees
employed under Part II - Casual Employees, Part III - Temporary Employees and
Part IV - Savings Provisions of Clause 29, Part Time, Casual, and temporary
Employees are entitled to accrue long service leave under the provisions of the
Long Service Leave Act 1955, as amended, subject to meeting the provisions of
that Act.
34. Maternity,
Adoption and Parental Leave
(i) All
eligible employees covered by this Award are entitled to the provisions of this
clause other than part time employees who receive a part time loading as
prescribed by Part IV - Savings Provisions of clause 29 of this Award (known as
"old part time"), and casual employees.
(ii) Part time
employees who receive a part time loading as prescribed by Part IV - Savings
Provisions of clause 29 of this Award (known as "old part time") and
casual employees are entitled to parental leave in accordance with the
provisions of Part 4, Parental Leave, of the Industrial Relations Act NSW,
1996. The following provisions shall
also apply in addition to those set out in the Industrial Relations Act 1996
(NSW).
(a) An employer
must not fail to re-engage a regular casual employee (see section 53 (2) of the
Act) because:
the employee or employee's
spouse is pregnant; or
the employee is or has been
immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(b) Part time
employees who receive a part time loading as prescribed by Part IV - Savings
Provisions of clause 29 of this Award are entitled to the provisions of Part D
Right to Request and Part E Communication During Leave of this clause.
(iii) Liability for
Superannuation Contributions
During a period of unpaid maternity, adoption or
parental leave, the employee will not be required to meet the employer's
superannuation liability.
A Maternity
Leave
(i) Eligibility
for Paid Maternity Leave -
To be eligible for paid maternity leave a full time or
permanent part time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth.
An employee who has once met the conditions for paid
maternity leave will not be required to work again the 40 weeks continuous
service in order to qualify for a further period of paid maternity leave,
unless;
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(b) the employee has completed a period of leave without pay of
more than 40 weeks. In this context, leave without pay does not include sick leave
without pay, maternity leave without pay, or leave without pay associated with
an illness or injury compensable under the Workers' Compensation Act, 1987.
(ii) Portability
of Service for Paid Maternity Leave -
Portability of service for paid maternity leave
involves the recognition of service in public sector organisations for the
purpose of determining an employee's eligibility to receive paid maternity
leave. For example, where an employee moves between a public sector department
and a public hospital, previous continuous service will be counted towards the
service prerequisite for paid maternity leave.
When determining an employee's eligibility for paid
maternity leave, continuous service with an organisation that is part of the
public sector service as defined in the Public Sector Employment and Management
Act 2002 will be recognised, provided
that:
(a) service was on a full-time or permanent part-time basis;
(b) cessation of service with the former employer was not by
reason of dismissal on any ground, except retrenchment or reduction of work;
(c) the employee commences duty with the new employer on the
next working day after ceasing employment with the former employer (there may
be a break in service of up to two months before commencing duty with the new
employer provided that the new position was secured before ceasing duty with
the former employer. However, such a break in service will not be counted as
service for the purpose of calculating any prior service prerequisite for paid
maternity leave.
(iii) Entitlement
to Paid Maternity Leave -
(a) An eligible
employee is entitled to fourteen weeks at the ordinary rate of pay from the
date maternity leave commences. This leave may commence up to fourteen weeks
prior to the expected date of birth.
It is not compulsory for an employee to take this
period off work. However, if an employee decides to work during the nine weeks
prior to the expected date of birth it is subject to the employee being able to
perform satisfactorily the full range of normal duties.
Paid maternity leave may be paid:
on a normal fortnightly basis;
or
in advance in a lump sum; or
at the rate of half pay over a
period of twenty-eight weeks on a
regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Unpaid
Maternity Leave
(a) Full time and
permanent part time employees who are entitled to paid
maternity leave are entitled to a further period of unpaid maternity leave of
not more than 12 months after the actual date of birth.
(b) Full time and
permanent part time employees who are not eligible for paid maternity leave are
entitled to unpaid maternity leave of not more than 12 months.
(c) Full time and
permanent part time employees may also apply for additional unpaid maternity
leave as provided for in subclause (i)(b) of Part D Right to Request of this clause.
(v) Applications -
An employee who intends to proceed on maternity leave
should formally notify her employer of such intention as early as possible, so
that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must
include a medical certificate stating the expected date of birth and should
also indicate the period of leave desired.
(vi) Variation
after Commencement of Leave -
After commencing maternity leave, an employee may vary
the period of her maternity leave, once without the consent of her employer and
otherwise with the consent of her employer. A minimum of fourteen days’ notice
must be given, although an employer may accept less notice if convenient.
The conditions relating to variation of maternity leave
are derived from Section 64 of the Industrial Relations Act 1996.
(vii) Staffing
Provisions -
In accordance with obligations established by the
Section 69 of the Industrial Relations Act 1996, any person who occupies the
position of an employee on maternity leave must be informed that the employee
has the right to return to her former position. Additionally, since an employee
has the right to vary the period of her maternity leave, offers of temporary
employment should be in writing, stating clearly the temporary nature of the
contract of employment. The duration of employment should be also set down
clearly; to a fixed date or until the employee elects to return to duty,
whichever occurs first.
(viii) Effect of
Maternity Leave on Accrual of Leave, Increments etc.
When the employee has resumed duties, any period of
full pay leave is counted in full for the accrual of annual leave, sick leave
and long service leave and any period of maternity leave on half pay is taken
into account to the extent of one half thereof when determining the accrual of
annual leave, sick leave and long service leave.
Except in the case of employees who
have completed ten years' service the period of maternity leave without pay
does not count as service for long service leave purposes. Where the employee has completed ten years'
service the period of maternity leave without pay shall count as service
provided such leave does not exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of maternity leave at full pay and at half
pay are to be regarded as service for incremental progression on a pro-rata
basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received i.e.,
public holidays occurring in a period of full pay maternity leave are paid at
full rate and those occurring during a period of half pay leave are paid at
half rate.
(ix) Illness
Associated with Pregnancy -
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then she can elect to use any
available paid leave (sick, annual and/or long service leave) or to take sick
leave without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave ceases nine weeks prior to the
expected date of birth. The employee then commences maternity leave with the
normal provisions applying.
(x) Transfer to a
More Suitable Position -
Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to satisfactorily perform. This obligation arises
from section 70 of the Industrial Relations Act 1996. A position to which an employee is
transferred under these circumstances must be as close as possible in status
and salary to her substantive position.
(xi) Miscarriages -
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions
(xii) Stillbirth -
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave, subject to production of a medical certificate, or maternity leave. She may resume duty at any time provided she
produces a doctor's certificate as to her fitness.
(xiii) Effect of
Premature Birth on Payment of Maternity Leave -
An employee who gives birth prematurely and prior to
proceeding on maternity leave shall be treated as being on maternity leave from
the date leave is commenced to have the child.
Should an employee return to duty during the period of paid maternity
leave, such paid leave ceases from the date duties are resumed.
(xiv) Right to Return
to Previous Position -
In accordance with the obligations set out in section
66 of the Industrial Relations Act, 1996 an employee returning from maternity
leave has the right to resume her former position.
Where this position no longer exists the employee is
entitled to be placed in a position nearest in status and salary to that of her
former position and for which the employee is capable or qualified.
(xv) Further
Pregnancy While on Maternity Leave -
Where an employee becomes pregnant
whilst on maternity leave a further period of maternity leave shall be granted. If an employee enters on the second period of
maternity leave during the currency of the initial period of maternity leave,
then any residual maternity leave from the initial entitlement ceases.
An employee who commences a subsequent period of
maternity leave while on unpaid maternity leave under subclause (iv)(a) of Part
A of this clause or subclause (i)(b) of Part D of
this clause is entitled to be paid at their normal rate (ie
the rate at which they were paid before proceeding on maternity leave).
An employee who commences a subsequent period of
maternity leave during the first 12 months of a return to duty for less than
full time hours as provided under subclause (i)(c) of
Part D of this clause is entitled to be paid at their substantive full time
rate for the subsequent period of maternity leave.
An employee who commences a subsequent period of
maternity leave more than 12 months after returning to duty for less than full
time hours under subclause (i)(c) of Part D of this
clause, will be entitled to paid maternity leave for the subsequent period of
maternity leave at their part time rate.
B Adoption
Leave
(i) Eligibility
-
All full time and permanent part time employees who are
adopting a child and are to be the primary care giver of the child are eligible
for unpaid adoption leave.
To be eligible for paid adoption leave a full time or
permanent part time employee must also have completed at least 40 weeks
continuous service prior to the date of taking custody of the child.
An employee who has once met the conditions of paid
adoption leave, will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless;
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been
otherwise dispensed with; or
(b) the employee has completed a period of leave without pay of more
than 40 weeks. In this context, leave without pay does not include sick leave
without pay, maternity leave without pay, or leave without pay associated with
an illness or injury compensable under the Workers Compensation Act, 1987.
(ii) Entitlement -
(a) Paid Adoption
Leave -
Eligible employees are entitled to paid adoption leave
of fourteen weeks at the ordinary rate of pay from and including the date of
taking custody of the child.
Paid adoption leave may be paid:-
on a normal fortnightly basis;
or
in advance in a lump sum; or
at the rate of half pay over a
period of twenty-eight weeks on a
regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to remain
on full pay for that period.
(b) Unpaid Adoption
Leave -
Eligible employees are entitled to unpaid adoption
leave as follows:
where the child is under the
age of 12 months - a period of not more than 12 months from the date of taking
custody;
where the child is over the
age of 12 months - a period of up to 12 months, such period to be agreed upon
by both the employee and the employer.
(iii) Applications
-
Due to the fact that an employee may be given little notice
of the date of taking custody of a child, employees who believe that, in the
reasonably near future, they will take custody of a child, should formally
notify the employer as early as practicable of the intention to take adoption
leave. This will allow arrangements associated with the adoption leave to be
made.
(iv) Variation
after Commencement of Leave -
After commencing adoption leave, an employee may vary
the period of leave, once without the consent of the employer and otherwise
with the consent of the employer. A minimum of fourteen days’ notice must be
given, although an employer may accept less notice if convenient.
(v) Portability of
Service for Paid Adoption Leave -
As per maternity leave conditions.
(vi) Staffing
Provisions -
As per maternity leave conditions.
(vii) Effect of
Adoption Leave on Accrual of Leave, Increments, etc
As per maternity leave conditions.
(viii) Right to
return to previous position -
As per maternity leave conditions.
C Parental
Leave -
(i) Eligibility
To be eligible for parental leave a full time or
permanent part time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth or to the date of taking custody of
the child.
An employee who has once met the conditions for paid
parental leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid parental leave,
unless:
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been
otherwise dispensed with; or
(b) the employee has completed a period of leave without pay of
more than 40 weeks. In this context, leave without pay does not include sick
leave without pay, maternity leave without pay, or leave without pay associated
with an illness or injury compensable under the Workers' Compensation Act 1987.
(ii) Portability
of Service for Paid Parental Leave
As per maternity leave conditions.
(iii) Entitlements
Eligible employees whose spouse or
partner (including a same sex partner) is pregnant or is taking custody
of a child are entitled to a period of leave not exceeding 52 weeks which
includes one week of paid leave, and may be taken as follows:
(a) an unbroken
period of up to one week at the time of the birth of the child, taking custody
of the child or other termination of the pregnancy (short parental leave); and
(b) a further unbroken period in order to be the primary
caregiver of the child (extended parental leave).
(c) The
entitlement of one weeks’ paid leave may be taken at anytime
within the 52 week period and shall be paid:
at the employee’s ordinary
rate of pay for a period not exceeding one week on full pay; or
two weeks at half pay or the
period of parental leave taken, whichever is the lesser period.
Annual and/or long service leave credits can be
combined with periods of parental leave on half pay to enable an employee to
remain on full pay for that period.
(d) Extended
parental leave cannot be taken at the same time as the employee’s spouse or
partner is on maternity or adoption leave except as provided for in subclause (i)(a) of Part D Right to Request
of this clause.
(iv) Applications
An employee who intends to proceed on parental leave
should formally notify their employer of such intention as early as possible,
so that arrangements associated with their absence can be made.
(a) In the case of
extended parental leave, the employee should give written notice of the
intention to take the leave.
(b) The employee
must, at least four weeks before proceeding on leave, give written notice of
the dates on which they propose to start and end the period of leave, although
it is recognised in situations of taking custody of a child, little or no
notice may be provided to the employee.
In such an instance, the employee should notify the employer as early as
practicable.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(d) In the case of
extended parental leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(i) if applicable, the period of any maternity leave sought or
taken by his spouse, and
(ii) that they are seeking the period of extended parental leave
to become the primary care giver of the child.
(v) Variation
after Commencement of Leave
After commencing parental leave, an employee may vary
the period of her/his parental leave, once without the consent of the employer
and otherwise with the consent of the employer. A minimum of fourteen days’
notice must be given, although an employer may accept less notice if
convenient.
(vi) Effect
of Parental Leave on Accrual of Leave, Increments etc.
As per maternity leave conditions.
(vii) Right to
return to Previous Position
As per maternity leave conditions.
D Right to
Request
(i) An
employee entitled to maternity, adoption or parental leave may request the
employer to allow the employee:
(a) to extend the period of simultaneous maternity, adoption or parental
leave use up to a maximum of eight weeks;
(b) to extend the
period of unpaid maternity, adoption or extended parental leave taken for a
further continuous period of leave not exceeding 12 months;
(c) to return to duty for less than the full time hours they
previously worked by taking weekly leave without pay.
to assist the employee in
reconciling work and parental responsibilities.
(ii) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(iii) The
employee’s request and the employer’s decision made under (i)(b) and (c) must be recorded in writing.
(iv) Where an
employee wishes to make a request under subclause (i)(c):
(a) the employee is to make an application for leave without pay
to reduce their full time weekly hours of work
(b) such application must be made as early as possible to enable
the employer to make suitable staffing arrangements. At least four weeks notice
must be given.
(c) all requests are to be considered having regard to the terms
of NSW Health Policy Directive No. PD2005_154 Maternity Leave - Access to
Reduced Hours for Staff Following Return, as amended from time to time.
(d) Salary and
other conditions of employment are to be adjusted on a basis proportionate to
the employee’s full time hours of work ie. for long service leave the period of service is to be
converted to the full time equivalent, and credited accordingly.
(e) It should be
noted that employees who return from maternity, adoption or parental leave
under this arrangement remain full time employees. Therefore the payment of any part time
allowance to such employees does not arise.
E Communication
During Leave
(i) Where
an employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the employer
shall take reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing the leave; and
(b) provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of leave to be
taken, whether the employee intends to return to work and whether the employee
intends to request to return to work on a part-time basis.
(iii) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with subclause (i).
F Commonwealth
Paid Parental Leave (CPPL)
(i) From
1 January 2011 the CPPL scheme may be available to eligible employees.
(ii) The CPPL is
independent of other leave entitlements and is in addition to paid parental
leave entitlements.
35. Military Leave
Employees shall be granted military leave in accordance with
NSW Health Policy Directive No. PD2014_029 Leave Matters for the NSW Health
Service, as amended from time to time.
36. Repatriation
Leave
Ex-servicemen/women shall be granted repatriation leave in
accordance with NSW Health Policy Directive PD2014_029 Leave Matters for the
NSW Health Service, as amended from time to time.
37. Sick Leave
(i) Subject
to the following limitation and conditions an employee shall be entitled to
sick leave on full pay calculated by allowing 76 rostered ordinary hours of
work for each year of continuous service less any sick leave on full pay
already taken:
(a) An employee
shall not be entitled to sick leave until after three months continuous
service.
(b) 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.
(c) All periods of
sickness shall be certified to by the Medical Superintendent or Director of
Nursing of the employer or by the employee's own legally qualified medical
practitioner or dentist. The employer may dispense with the requirement of a
medical certificate where the absence does not exceed 2 consecutive days or
where, in the employer's opinion, the circumstances are such as not to warrant
such requirement.
(d) Each employee
shall, as soon as reasonably practicable and in any case within 24 hours of the
commencement of such absence, inform the employer of his or her inability to
attend for duty and as far as possible state the nature of the injury or
illness and the estimated duration of the absence.
(e) Where an
employee is absent on sick leave for a total of 10 working days in any one year
of service and has no sick leave entitlement carried over from previous years,
that employee will continue to be paid for an additional 4 hours even though no
sick leave credit might exist. Such additional payment will not affect the
subsequent year’s sick leave entitlement, ie. it is "special sick leave", not "sick leave
in advance" (see NSW Health Policy Directive No. PD2014_029 Leave Matters
for the NSW Health Service, as amended from time to time).
(ii) The employer
shall not change the rostered hours of an employee fixed by the roster or
rosters applicable to the fourteen days immediately following the commencement
of sick leave merely by reason of the fact that she or he is on sick leave.
(iii) For the
purpose of this clause "Service" means service in the industry of
nursing.
(iv) For
the purpose of this clause continuity of service in the industry of
nursing shall not be broken by:
(a) absences from such industry on account of illness;
(b) periods of
absences from such industry immediately following termination of employment, in
respect of which employment a pro rata payment has been made for annual leave
or long service leave, but not exceeding the period the employee would have been
required to work to earn as salary an amount equal to such pro rata payment;
(c) absence from
such industry for the purpose of pursuing a post-graduate course in nursing (ie a course which results in obtaining a certificate,
diploma or qualification) whether in Australia or elsewhere; and where the
course is pursued outside Australia an employee shall be deemed to be absent
for the purpose of pursuing the course throughout the time reasonably occupied
travelling to the place of study and return to Australia, the actual duration
of the course, a period of three months after completion of the course and
before returning to Australia and a period of one month after returning to
Australia;
(d) any reasonable
absence from the industry occasioned by an employee transferring from one
employer to another in such industry but not exceeding 28 days on any one occasion;
(e) periods of employment nursing in hospitals in New South
Wales other than the hospitals covered by this Award and in the Canberra Community
Hospital and Woden Valley Hospital; provided that this period of absence shall
not be counted as service for the purpose of calculating sick leave.
(v) Part Time
Employees : a part time employee shall be entitled to sick leave in the same
proportion of the seventy six hours as the average weekly hours worked over the
preceding twelve months or from the time of the commencement of employment,
whichever is the lesser, bears to thirty-eight ordinary hours. Such
entitlements shall be subject to all the above conditions applying to full time
employees. Provided that only part time service on and from the beginning of
the first pay period to commence on or after 1 January 1970, shall count for
the purpose of this subclause.
(vi) Subject to the
provision of a satisfactory medical certificate and sick leave being due,
annual leave or long service leave (extended leave) shall be recredited where an illness of at least one week's duration
occurs during the period of annual or long service leave: Provided that the period of leave does not
occur prior to retirement, resignation or termination of services, and provided
further that the employer is satisfied on the circumstances and the nature of
the incapacity.
(vii) In addition to
the sick leave prescribed in subclause (1) of this Clause, Flight Nurses shall
be entitled to an additional 38 hours sick leave in any period of 12 months.
Any unused additional sick leave shall not accumulate from year to year.
38. Accommodation
and Board
(i) The
employer shall where practicable provide for the use of employees who live in:
(a) Directors of
Nursing: In a public hospital of which the registered number of beds is 9 or
more, private quarters which shall comprise a bedroom, sitting room, bathroom,
and toilet with appropriate furniture and fittings including a washing machine,
refrigerator and stove or stovette and facilities for preparing light
refreshments; provided that where the normal nursing staff does not exceed 7,
it shall not be necessary to provide for the Director of Nursing a separate
bathroom and toilet facilities, a washing machine, refrigerator and a stove or
stovette.
(b) Employees
other than Directors of Nursing:
(1) Dining
facilities suitable to the reasonable needs of the nursing staff.
(2) A lounge room
suitable to the reasonable needs of the staff.
(3) A study for
student nurses; provided that this provision shall apply only to public
hospitals which are registered training schools.
(4) At least one
plunge bath (with shower) for each 12 (or fraction thereof) employees and in
addition at least one separate shower cubicle for each 12 (or fraction thereof)
employees.
(5) At least one
lavatory (if in a bathroom adequately partitioned off from the bathing
facilities) for each 8 (or fraction thereof) employees.
(6) A kitchen or
kitchenette equipped with reasonable facilities for storing and preparing light
refreshments and with normal kitchen utensils, stove or stovette, refrigerator,
china, crockery and cutlery.
(7) Suitable facilities
including a washing machine for the laundering and drying of personal clothing.
(8) A separate
bedroom of such dimensions as to provide a floor area of not less than 100
square feet and which contains suitable floor coverings and a bedside lamp and
fittings and shall be furnished with a bed, a dressing table, a wardrobe
(built-in cupboard) of adequate size and a chair.
(9) Where it is
necessary for 2 or more employees to sleep in a bedroom 750 cubic feet of space
shall be provided for each employee.
Such bedroom shall contain suitable floor coverings and for each
employee the employer shall provide a bed, a dressing table, a wardrobe
(built-in cupboard) of adequate size and a chair.
(10) In respect of
subparagraphs (2), (4), (5), and (6) of this paragraph separate provision shall
be made for trained and untrained staff; provided that as to subparagraphs (2),
(4) and (5) of this paragraph this provision shall not apply in a public
hospital in which the normal number of nursing staff is less than 12.
(11) Adequate heating
suitable to the reasonable needs of the staff present shall be provided in the
lounge room during the winter time.
(ii) The employer
shall provide such domestic staff as is necessary to maintain the accommodation
in a proper condition at all times.
(iii) The following
deductions from salary shall be made by an employer for accommodation:
(a) Directors of
Nursing and employees occupying separate bedroom accommodation of a reasonable
standard: an amount as set in Item 15 of Table 2 of Part B per week.
(b) Directors of
Nursing provided with a self contained flat attached
to the public hospital's nurses home; an amount as set in the said Item 15 per
week.
(iv) An employer
shall provide for employees who live in, full board of 21 meals per week and
the meals shall consist of an adequate quantity of wholesome well-cooked and
well-prepared food-stuffs including green vegetables and fruit in season and in
addition the employer shall provide tea, coffee, milk and sugar for morning and
afternoon tea and supper and early morning tea for employees on night or early
morning duty. An employer who complies with the foregoing provisions of this
subclause may make a deduction as set out in Item 16 of table 2 of Part B per
week.
(v) (a) The employer
shall provide for the use of employees who live out:
(1) a suitable
change room and adequate washing and toilet facilities; provided that the
washing and toilet facilities need not be distinct from those provided for
employees who live in and this provision shall not apply to a public hospital
the registered number of beds of which is less than 9;
(2) a full-length locker fitted with lock and key or other
suitable place for the safe keeping of clothing and personal effects of such
employee;
(b) An employer
shall provide for an employee who lives out, tea, coffee, milk and sugar for
morning and afternoon tea, supper and early morning tea when the employee is on
duty at times appropriate for the partaking thereof and shall provide also for
such an employee who requires them, meals of the standard specified in
subclause (iv) of this clause, which fall during the duty period and for such
meals so provided may make a charge, provided that the charge for breakfast and
other meals shall be as set in Item 17 of Table 2 of Part B.
(vi) The charges
referred to in subclauses (iii), (iv) and (v) to be
adjusted in accordance with any general movement in wage rates in this award.
The Director-General of Health may apply for additional adjustments from time to
time based on the differences between such wage increases and the actual cost
of providing these services. Provided that an employer may waive all or part of these charges at
its discretion as an incentive to recruitment of nurses.
(vii) Where an employee
partakes of a meal from a cafeteria service provided by a public hospital or
public health organisation, he or she shall be required to pay the charge fixed
for such meal in lieu of the meal charges prescribed in subclauses (iv) or (v)
of this clause.
39. Grading
Committee
A Committee consisting of two representatives of the
employer and two representatives of the Association shall be constituted to
consider and make recommendations to the employer in relation to:
(a) any request or proposal to establish or alter the grading of
positions of Nursing Unit Manager;
(b) the date of effect of any grading recommended.
Provided that:
(i) an employee shall, whilst the grading or remuneration of his
or her position is under consideration, be ineligible to be a member of the
Committee;
(i) the Committee shall not, without sufficient reason,
recommend the retrospective operation of any grading or remuneration; and
(iii) where a retrospective date of effect is recommended, such
date shall not be earlier than a date six months prior to the date on which the
matter was referred to the Committee.
40. Grading of
Nurse/Midwife Manager Positions
(i) All
positions of Nurse/Midwife Manager, as defined in Clause 3, Definitions of this
award shall be graded by the employer in accordance with the Work Level
Statements set out in Schedule 1 to this award.
(ii) The employer
may determine a higher grading including a multi-grade, eg.
Grade 4-5, Grade 6-7, etc., than provided for under the Work Level Statements
where the requirements of the position involve a higher level of complexity
and/or an extended role to that generally comprehended by the otherwise
applicable Work Level Statement.
(iii) Progression
to the second salary point in each grade will occur after 12 months
satisfactory service in that grade. Provided that accelerated progression
within the 12 month period, or on commencement of employment, may occur where
the employer is satisfied that such progression is warranted in an individual
case.
(iv) If
dissatisfied with the grade as determined in any individual case, the
Association may discuss the matter with the local Health Service management
and, if still dissatisfied, may apply for a review of the grading by the
Ministry of Health and the Association at a central level.
(v) No employee is
to suffer a reduction in salary as a result of the implementation of the new
structure. Where an employee would ordinarily be classified at a grade which
carries a salary less than his or her current salary he or she shall retain his
or her current salary, including all future increases thereto, on a strictly
personal basis, while ever he or she remains in the current position.
(vi) Employees
seeking appointment to positions of Nurse Manager are generally expected to
possess the core knowledge and skills appropriate to the respective grades as
set out in Schedule 1 to this award.
41. Deputy
Directors of Nursing, Assistant Directors Of Nursing
(i) The
following appointments shall be made in public hospitals with adjusted daily
averages of occupied beds as specified hereunder:
Less than 150 beds - a Deputy Director of Nursing
150 beds and over - a Deputy Director
of Nursing, Assistant Directors of Nursing.
(ii) Appointments
under subclause (i) of this clause shall be made
within two calendar months of the date this award becomes operative and
thereafter within two calendar months of the occurrence of a vacancy. In default of appointment within the said
period of two calendar months, the registered nurse employed as such or in a
higher classification who has customarily relieved in the vacant position, or
if no one has so customarily relieved, the registered nurse employed in the
same or the next senior classification below the vacant position with the
longest service in such classification at the public hospital, shall be deemed
to be appointed until such time as another appointment is made by the employer.
(iii) This clause
shall not apply to a hospital using members, novices or aspirants of religious
orders where a member of an order carries out the duties under this clause of
an Assistant Director of Nursing or Deputy Director of Nursing.
42. Proportion
Except in cases of emergency not more than four enrolled
nurses and/or assistants in nursing to each registered nurse shall be employed
in a public hospital and for this purpose a Director of Nursing shall count.
43. Medical
Examination of Nurses
See NSW Health Policy Directive No. PD2005_186
Employment Health Assessment Policy and Guidelines, as amended from time to
time.
44. Domestic Work
Except as hereinafter provided, nurses shall not be required
to perform, as a matter of routine, the following duties: viz.; washing,
sweeping, polishing and/or dusting of floors, walls or windows of wards, corridors,
annexes, bathrooms or verandahs or any duties which
are generally performed by classifications other than nursing staff, but this
provision shall not preclude the employment of nurses on any such duties in an
isolation block or where the performance of those duties involves disinfection.
45. Termination of
Employment
(i) Except
for misconduct justifying summary dismissal, the services of an employee shall
be terminated only by fourteen days notice or by
payment of fourteen days salary in lieu thereof in the case of an employee
other than a Director of Nursing, and by twenty-eight days
notice or by the payment of twenty-eight days salary in lieu thereof in
the case of a Director of Nursing.
(ii) No employee
shall, without the consent of the employer, resign without having given
fourteen days notice (or in the case of a Director of
Nursing, twenty eight days notice) of intention so to
do or forfeiting salary earned during the pay period current at the time of
resignation; provided that in no circumstances shall the employee forfeit more
than fourteen days pay at the rate prescribed for his
or her classification by clause 8, Salaries.
(iii) Employees who
have accrued additional days off duty pursuant to subclause (vii) of clause 4,
Hours of Work and Free Time of Employees Other Than Directors of Nursing and
Area Managers, Nurse Education, shall be paid for such accrued time at ordinary
rate of pay upon termination.
(iv) Upon
the termination of the services of an employee, the employer shall furnish the
employee with a written statement, duly signed by or on behalf of the employer,
setting out the period of the employment and the capacity in which the employee
was employed.
46. Labour
Flexibility
(i) An
employer may direct an employee to carry out such duties as are reasonable and
within the limits of the employee's skill, competence and training provided
that such duties are not designed to promote deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and equipment
as may be required provided that the employee has been properly trained or has
otherwise acquired the necessary skills in the use of such tools and equipment.
(iii) Any direction
issued by an employer pursuant to sub-clause (i) and
(ii) shall be consistent with the employer's responsibilities to provide a safe
and healthy working environment.
(iv) Existing
provisions with respect to the payment of mixed functions/higher duties
allowances shall apply in such circumstances.
47. Right of Entry
See Chapter 5, Part 7 of the Industrial Relations Act 1996.
48. Disputes
(i) All
parties must use their best endeavours to cooperate in order to avoid any
grievances and/or disputes.
(ii) Where a dispute
arises in any public hospital or public health organisation, regardless of
whether it relates to an individual nurse or to a group of nurses, the matter
must be discussed in the first instance by the nurse(s) (or the Association on
behalf of the nurse(s) if the nurse(s) so request(s) ) and the immediate
supervisor of that nurse(s).
(iii) If the matter
is not resolved within a reasonable time it must be referred by the nurse(s)'
immediate supervisor to the Chief Executive Officer of the employer (or his or
her nominee) and may be referred by the nurse(s) to the Association’s Head
Office. Discussions at this level must
take place and be concluded within 2 working days of referral or such extended
period as may be agreed.
(iv) If
the matter remains unresolved, the Association must then confer with the
appropriate level of management (ie. at Public
Hospital/Local Health District or Public Health organisation/Ministry level,
depending on the nature and extent of the matter). Discussions at this level must
take place and be concluded within two working days of referral or such
extended period as may be agreed.
(v) If these
procedures are exhausted without the matter being resolved, or if any of the
time limits set out in those procedures are not met, either the Association or
the employer may seek to have the matter mediated by an agreed third party, or
the matter may be referred in accordance with the provisions of the Industrial
Relations Act 1996 (NSW) to the Industrial Relations Commission for its assistance
in resolving the issue.
(vi) During
these procedures normal work must continue and there must be no stoppages of
work, lockouts, or any other bans or limitations on the performance of work.
(vii) The status quo
before the emergence of the issue must continue whilst these procedures are
being followed. For this purpose 'status quo' means the work procedures and
practices in place:
(a) immediately before the issue arose; or
(b) immediately before any change to those procedures or
practices, which caused the issue to arise, was made.
The Employer must ensure that all practices applied
during the operation of these procedures are in accordance with safe working
practices.
(viii) Throughout all
stages of these procedures, adequate records must be kept of all discussions.
(ix) These
procedures will be facilitated by the earliest possible advice by one party to
the other of any issue or problem which may give rise to a grievance or
dispute.
49. Anti-Discrimination
(i) It
is the intention of the parties bound by this award to seek to achieve the
object of section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(iii) Under the
Anti-Discrimination Act 1977, 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 legislation referred to in this clause.
NOTES-
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
50. Exemption
This award shall not apply to -
(i) members, novices or aspirants of religious orders in public
hospitals;
(ii) the Sydney Dental Hospital provided that nurses employed thereat
are paid not less than the appropriate salaries prescribed by this award.
51. Salary
Packaging
(i) By
agreement with their employer, employees may elect to package a part or all of
their salary in accordance with this clause, to obtain a range of benefits as
set out in NSW Policy Directive PD2007_076 Salary Packaging Policy and
Procedure Manual, as amended from time to time. Such election must be made
prior to the commencement of the period of service to which the earnings
relate. Where an employee also elects to salary sacrifice to superannuation
under this award, the combined amount of salary packaging/sacrificing may be up
to 100 per cent of salary.
Any salary packaging above the fringe benefit exemption
cap will attract fringe benefits tax as described in paragraph (iv) below.
(ii) Where an
employee elects to package an amount of salary:
(a) Subject to
Australian taxation law, the packaged amount of salary will reduce the salary
subject to appropriate PAYG taxation deductions by that packaged amount.
(b) Any allowance,
penalty rate, overtime payment, payment for unused leave entitlements, weekly
worker’s compensation, or other payment other than any payment for leave taken
in service, to which an employee is entitled under this award or statute which
is expressed to be determined by reference to an employee’s salary, shall be
calculated by reference to the salary which would have applied to the employee
under this award in the absence of any salary packaging or salary sacrificing
made under this award.
(c)
"Salary" for the purpose of this clause, for superannuation purposes,
and for the calculation of award entitlements, shall mean the award salary as
specified in Clause 9, Salaries, and which shall include "approved
employment benefits" which refer to fringe benefit savings, administration
costs, and the value of packaged benefits.
(iii) Any pre-tax
and post-tax payroll deductions must be taken into account prior to determining
the amount of available salary to be packaged. Such payroll deductions may
include but are not limited to superannuation payments, HECS payments, child
support payments, judgement debtor/garnishee orders, union fees and private
health fund membership fees.
(iv) The
salary packaging scheme utilises a fringe benefit taxation exemption status
conferred on public hospitals and Local Health Districts, which provides for a
fringe benefits tax exemption cap of $17,000 per annum. The maximum amount of
fringe benefits-free tax savings that can be achieved under the scheme is where
the value of benefits when grossed-up, equal the fringe benefits exemption cap
of $17,000. Where the grossed-up value exceeds the cap, the employer is liable
to pay fringe benefits tax on the amount in excess of $17,000, but will pass on
this cost on to the employee. The employer’s share of savings, the combined
administration cost, and the value of the packaged benefits, are deducted from
the pre-tax dollars.
(v) The parties
agree that the application of the fringe benefits tax exemption status conferred
on public hospitals and Local Health Districts is subject to the prevailing
Australian taxation laws.
(vi) If
an employee wishes to withdraw from the salary packaging scheme, the employee
may only do so in accordance with the required period of notice as set out in
the Salary Packaging Policy and Procedure Manual.
(vii) Where an
employee ceases to salary package, arrangements will be made to convert the
agreed package amount to salary. Any costs associated with the conversion will
be borne by the employee, and the employer shall not be liable to make up any
salary lost as a consequence of the employee’s decision to convert to salary.
(viii) Employees
accepting the offer to salary package do so voluntarily. Employees are advised
to seek independent financial advice and counselling to apprise them of the
implications of salary packaging on their individual personal financial
situations.
(ix) The employer
and the employee shall comply with the procedures set out in the NSW Health Services
Salary Packaging Policy and Procedure Manual as amended from time to time.
52. Deduction of
Union Membership Fees
(i) The
union shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union’s
rules.
(ii) The union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
(iii) Subject to (i) and (ii) above, the employer shall deduct union
fortnightly membership fees from the pay of any employee who is a member of the
union in accordance with the union’s rules, provided that the employee has
authorised the employer to make such deductions.
(iv) Monies
so deducted from employees’ pay shall be forwarded regularly to the union
together with all the necessary information to enable the union to reconcile
and credit subscriptions to employees’ union membership accounts.
"Regularly" shall be defined as monthly
except where the practice and protocol of an employer at the time of this
variation (March 2002) was fortnightly.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make fresh authorisation in order for such
deductions to continue.
53. Staffing
Arrangements
(i) Reasonable
workloads are required for nurses to assist in providing a sustainable health system
for the people of NSW that not only meets present health needs but also plans
for the health needs of the future.
(ii) The employer
has a responsibility to provide reasonable workloads for nurses.
(iii) Principles
The following principles shall be applied in
determining or allocating a reasonable workload for a nurse:
(a) Reasonable
workloads will be based on the application of the staffing arrangements
detailed in this clause. The
arrangements may be the reasonable workload principles alone or, in addition,
the provisions set out in Sections II - IX, of subclause (iv)
in relation to the services, wards and units to which they apply.
(b) Workload
assessment will take into account measured demand by way of clinical
assessment, including acuity, skill mix, specialisation
where relevant, and geographical and other local requirements/resources.
(c) The work
performed by the employee will be able to be satisfactorily completed within
the ordinary hours of work assigned to the employee in their roster cycle.
(d) The work will
be consistent with the duties within the employee’s classification description
and at a professional standard so that the care provided or about to be
provided to a patient or client shall be adequate, appropriate and not
adversely affect the rights, health or safety of the patient, client or nurse.
(e) The workload
expected of an employee will not be unfair or unreasonable having regard to the
skills, experience and classification of the employee for the period in which
the workload is allocated.
(f) An employee
will not be allocated an unreasonable or excessive nursing workload or other
responsibilities except in emergency or extraordinary circumstances of an
urgent nature.
(g) An employee
shall not be required to work an unreasonable amount of overtime.
(h) An employee’s
workload will not prevent reasonable and practicable access to Learning and
Development Leave, together with ‘in-house’ courses or activities, and
mandatory training and education.
(i) Existing
minimum staffing levels to ensure safe systems of work and patient safety shall
continue to apply.
(j) Nothing in
this clause prevents a higher level of staffing from being provided when, and
where, this is necessary for clinical or other reasons.
(iv) Staffing
and Specialties
The Association and the Ministry agree that the
staffing arrangements in this clause and their application may be reviewed and
amended from time to time by agreement and that the Award may be varied by
consent to reflect any such agreement.
Section I: Replacement of Absences
(a) When an
unplanned absence occurs (e.g. due to unexpected sick leave) the NUM (or
delegate) will immediately review the roster to determine the effect of the
absence on workload.
(b) Where the NUM
(or delegate) determines to backfill the absence, the default position is to
fill the absence with a nurse of the same classification as the absent nurse.
(c) If all avenues
to backfill the absence with a nurse at the same classification are exhausted
and the only remaining option is to backfill the absence with a nurse of a
lower classification, the NUM (or delegate) must consider how the functions
performed in the ward/unit can be safely and appropriately performed by a nurse
of another nursing classification.
(d) In some
circumstances it may be possible to backfill with a nurse of a lower
classification. Where it is determined
to backfill with a nurse of a lower classification, a record of this, together
with the reasons, must be made.
Section II: Nursing Hours Wards and Units
(a) Nursing hours wards and units comprise general inpatient wards,
dedicated palliative care wards/units, dedicated rehabilitation wards/units and
inpatient adult acute mental health wards/units.
(b) General
inpatient wards do not include:
1. All Types of
Critical Care Units:
Intensive Care Units
High Dependency Units
Coronary Care Units
Burns Units
Neo-natal Intensive Care Units
2. Day Only Wards
3. Day of Surgery
Wards
4. Procedural
Units (Haemodialysis, Endoscopy, Cardiac Catheter, etc)
5. Paediatrics
6. Drug &
Alcohol
7. All Midwifery
Services:
Antenatal
Post Natal, Nurseries
Delivery & Birthing Suites
8. 23 Hour Wards
9. Fast track
wards
10. Transition
Wards (slow stream)
11. Medical
Assessment Units
12. Medical/Surgical
Acute Care Units (MACU & SACU)
13. Wards/Units
attached to Emergency Departments:
Psychiatric Emergency Care Centres (PECC)
Observation wards
Emergency Medical Units (EMUs)
(c) The
Association and the Ministry have agreed that staffing will be determined by
the Nursing Hours Per Patient Day ('NHPPD') specified below, provided over a
week, to determine the number of nurses required to provide direct clinical
care. The number of nursing hours per
patient day may also be expressed as an equivalent ratio.
(d) 6.0 NHPPD will
apply to general inpatient wards in Peer Group A facilities, being Principal
Referral Hospitals, accounted for over the period of a week
(e) 5.5 NHPPD will
apply to general inpatient wards in Peer Group B facilities, being Major
Metropolitan and Major Non - Metropolitan Hospitals, accounted for over the
period of a week
(f) 5.0 NHPPD will
apply to general inpatient wards in Peer Group C facilities, being District
Group Hospitals, accounted for over the period of a week.
(g) 6.0 NHPPD will
apply to dedicated palliative care wards, accounted for over the period of a
week.
(h) 5.0 NHPPD will
apply to dedicated general rehabilitation wards and units, and 6.0 NHPPD will
apply to dedicated rehabilitation specialist brain and spinal injury units,
accounted for over the period of a week.
For these wards and units only, NHPPD includes the hours usually worked
by nursing and other categories of staff, however titled, agreed with the
Association.
(i) 6.0
NHPPD will apply to inpatient adult acute mental health wards in general
hospitals which are not specialist mental health facilities, accounted for over
the period of a week.
(j) 5.5 NHPPD
will apply to inpatient adult acute mental health wards in specialised mental
health facilities, accounted for over the period of a week.
(k) The specified
staffing set out above shall be implemented progressively in accordance with a
timetable agreed between the Ministry and the Association, with full effect
from 1 July 2013.
(l) At the time
the new staffing levels referred to in Section II subclauses d) to j) above are
introduced on a ward or unit for the first time, staffing levels in wards and units
with higher than the specified staffing will either continue to apply or be
reviewed. A reduction in staffing will not occur without a review taking place.
If there is disagreement between the Employer and Association about the outcome
of the review the provisions of subclause (vii) Grievances in relation to
workload will apply.
(m) The number of
nursing hours per patient day may also be expressed as an equivalent ratio
which provides the same nursing hours over a week. For example:
1. a NHPPD of 6.0 can provide sufficient nursing hours to
provide am/pm/night equivalent ratios of 1:4/1:4/1:7 across seven days, as well
as the option of some shifts with a nurse in charge who does not also have an
allocated patient workload.
2. a NHPPD of 5.5 can provide sufficient nursing hours to
provide am/pm/night equivalent ratios of 1:4/1:5/1:7 across seven days, as well
as the option of some shifts with a nurse in charge who does not also have an
allocated patient workload.
3. a NHPPD of 5.0 can provide sufficient nursing hours to
provide am/pm/night equivalent ratios of 1:5/1:5/1:7 across seven days, as well
as the option of some shifts with a nurse in charge who does not also have an
allocated patient workload.
Example Table 1
|
NHPPD:
|
6
|
which delivers the following nursing hours
|
Average Hours Per Day:
|
156
|
|
Number of Patients:
|
26
|
Hours Per Week:
|
1092
|
|
|
MORNING
|
AFTERNOON
|
NIGHT
|
|
|
Number
|
#Equivalent
|
*In
|
Number
|
#Equivalent
|
*In
|
Number
|
#Equivalent
|
Total Hours
|
|
|
of Staff
|
Ratio
|
Charge
|
of Staff
|
Ratio
|
Charge
|
of Staff
|
Ratio
|
|
|
|
|
|
with no
|
|
|
with no
|
|
|
|
|
|
|
|
allocated
|
|
|
allocated
|
|
|
|
|
|
|
|
patients
|
|
|
patients
|
|
|
|
|
Shift Length in
hours
|
8
|
|
8
|
8
|
|
8
|
10
|
|
|
|
Monday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Tuesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Wednesday
|
6.5
|
1: 4
|
0
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
148
|
|
Thursday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Friday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Saturday
|
6
|
1: 4.3
|
1
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
152
|
|
Sunday
|
6
|
1: 4.3
|
1
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
152
|
|
|
|
|
|
|
|
|
Hours Per Week:
|
1092
|
Notes: # Equivalent Ratio is indicative of the ratio
that could be created by this roster pattern. * In this example the NUM has distributed
the hours on some shifts to include a nurse in charge who does not have an
allocated patient workload.
Example Table 2
|
NHPPD:
|
6
|
which delivers the
following nursing hours:
|
Average Hours Per
Day:
|
156
|
|
Number of Patients:
|
26
|
Hours Per Week:
|
1092
|
|
MORNING
|
AFTERNOON
|
NIGHT
|
|
|
|
Number
|
#Equivalent
|
*In
|
Number
|
#Equivalent
|
*In
|
Number
|
#Equivalent
|
Total Hours
|
|
|
of Staff
|
Ratio
|
Charge
|
of Staff
|
Ratio
|
Charge
|
of Staff
|
Ratio
|
|
|
|
|
|
with no
|
|
|
with no
|
|
|
|
|
|
|
|
allocated
|
|
|
allocated
|
|
|
|
|
|
|
|
patients
|
|
|
patients
|
|
|
|
|
Shift Length in hours
|
8
|
|
8
|
8
|
|
8
|
10
|
|
|
|
Monday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Tuesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Wednesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Thursday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Friday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Saturday
|
8
|
1: 3.3
|
0
|
8
|
1: 3.3
|
0
|
4
|
1: 6.5
|
168
|
|
Sunday
|
8
|
1: 3.3
|
0
|
7.5
|
1: 3.5
|
0
|
4
|
1: 6.5
|
164
|
|
|
|
|
|
|
|
|
Hours Per Week:
|
1092
|
|
|
|
|
|
|
|
|
|
|
|
Notes: # Equivalent Ratio is indicative of the ratio
that could be created by this roster pattern. * In this example the NUM has
distributed the hours differently across the days and has decided to allocate a
patient workload to the nurse in charge of shift.
(n) Only nurses
providing direct clinical care are included in the NHPPD. This does not include positions such as
Nursing Unit Managers, Nurse Managers, Clinical Nurse Educators, Clinical Nurse
Consultants, dedicated administrative support staff and wardspersons.
(o) In
implementing Nursing Hours in Nursing Hours Wards the daily bed census data
averaged over a specified preceding period of up to 52 weeks (in whole weeks)
will be used to determine the ‘number of patients’. In determining the specified period due
regard should be given to reduced activity periods, seasonality and other local
factors. Where seasonality is a
significant factor, the specified period can be the equivalent period in the
preceding year.
(p) The NUM will
distribute the hours/shifts across the day and week in a rostering pattern with
due regard to the workload pattern of their ward, provided the applicable NHPPD
is achieved over the week.
(q) The NUM may
distribute the NHPPD to include a nurse in charge who does not also have an
allocated patient workload, provided the applicable NHPPD are achieved over the
week
(r) When, on a
shift, the NUM considers that patient care needs cannot be sufficiently met
from the nurses immediately available and the NUM (or nurse delegated with
responsibility for patient care within the ward/unit) considers additional
nursing hours should be provided in order to meet clinical needs, the NUM will
inform the appropriate Nurse Manager who, together with the NUM, will consider
a solution including, but not limited to, the following options:
1. deployment of nurses from other wards/units;
2. additional hours for part time staff;
3. engagement of casual/agency nursing staff;
4. overtime;
5. prioritisation of nursing activities on the ward/unit;
6. reallocation of patients.
When these options have been exhausted and only with
approval from the Director of Nursing and Midwifery and the concurrence of the
General Manager, the decision may be made to limit admissions when discharges
occur from the ward/unit. This decision
is to be made as soon as practicable after commencement of the shift.
(s) Spot Check
1. In wards and
units where the agreed staffing method is NHPPD, information will be available
to staff which identifies the NHPPD.
2. At any time a
nurse working on the ward/unit or a member of the local Reasonable Workload
Committee may make a written request to the NUM for a spot check to confirm
that the NHPPD are being provided.
3. The relevant
Reasonable Workload Committee must be informed of the commencement of the spot
check.
4. Within 7 days
of receipt of such a request the NUM will ensure that each week for a 4 week
period the NHPPD provided are posted within 7 days of the conclusion of the relevant
period.
5. If, at any
time during the spot check or at its conclusion, it is established that the
provided NHPPD falls short of the specified NHPPD then action must immediately
commence to rectify the shortfall.
6. Where the four
week spot check confirms that the specified NHPPD are being provided then the
process is concluded.
7. The outcome of
the spot check will be made available to the Reasonable Workload Committee.
(t) The calculation
used to spot check the provision of NHPPD in Nursing Hours Wards
1. To determine
the ‘number of patients’ add the number of patients as recorded for each day in
the bed census in the week to be calculated, then divide that total by 7 (the
number of days in the week). For
example:
(24 + 25 + 25 + 25 + 23 + 22 + 24) ÷ 7 = 24 (Number of
patients)
2. Then take the
applicable NHPPD figure (eg 6.0) and multiply it by 7
(for 7 days in the week), then multiply by the number of patients, as identified
above eg 24.
3. In this example, 6 x 7 x 24 = 1,008 nursing hours or 6
NHPPD. 1,008 is
therefore the nursing hours that were required for the ward that week. The figure is then compared to the nursing
hours that were actually provided.
4. Assume in this
example that 974 nursing hours were actually provided. The required NHPPD falls short as 5.8 NHPPD
has been provided instead of 6 NHPPD. In this example, the NUM would
immediately commence action to rectify the shortfall in accordance with point 5
of (s) Spot Checks in this Section.
5. The spot check
would require the completion of this calculation for four consecutive weeks.
(u) Annual Leave
relief
1. The annual
leave ‘relief’ factored into the calculation of the total required FTE reflects
the annual leave entitlements under this Award for the employees, arising from
their actual shift patterns. However, this figure may be adjusted at ward level
for planned periods of low activity or annual ward closures that mean less
leave relief is required.
2. If
circumstances arise whereby the planned periods of low activity or annual ward
closures do not take place, the required FTE should be calculated again in
light of those altered circumstances and staff deployment.
(v) Relief for
Sick Leave, FACS Leave & Mandatory Education
To account for sick leave, FACS leave and mandatory
education, a figure of two weeks (equating to 76 hours based on a 38 hour week)
per annum should be factored into the FTE required for the ward. This figure is
subject to joint review by the Association and the Ministry, on request by
either party.
Section III: Staffing Arrangements for Peer Group D & F3
MPS
(a) The following
provisions will apply to hospitals designated Peer Group D1 Community Acute
Hospitals with community inpatient acute beds and a level 2 or above emergency
department function; and to F3 Multi-Purposes Services facilities with
community inpatient acute beds and a level 2 or above emergency department function:
(1) During the hours
that the Emergency Department is open there will be a minimum of two registered
nurses on duty, to ensure that there is a registered nurse available on the
acute ward when a registered nurse is required to attend the Emergency
Department. One of these registered
nurses may be a NUM/NM who also performs clinical functions on the shift who is
on duty and on site.
(b) The parties
recognise that where implementation of the provisions at (a) (1) above requires
a change in the classification mix this will be achieved progressively from the
date of this Award and is determined by the rate of staff turnover experienced
in those facilities where the provisions apply.
Section IV: Perioperative Services
(a) ACORN 2008
standards will be implemented in Operating Rooms including that during each
operating session, the minimum staffing for each operating room will be:
1. two nurses,
one of whom must be a Registered Nurse and one of whom may be a suitably
qualified and endorsed Enrolled Nurse, to carry out the roles of
scrub/instrument nurse and scout nurse; and
2. one Anaesthetic nurse or one other trained and qualified
anaesthetic category of staff.
Section V: Maternity Services
(a) The
Association and the Ministry have agreed that the Birthrate
Plus methodology, as adapted for use in New South Wales, will be used to
calculate staffing in maternity services and will be progressively implemented
according to a timetable agreed between the Ministry and the Association.
Section VI: Inpatient Mental Health Staffing
Arrangements
(a) The
Association and the Ministry have agreed that the following provisions will
apply in all inpatient mental health units (with the exception of inpatient
adult acute mental health wards at Section II from the date of implementation
of nursing hours in these wards/units) and be used by managers in the
evaluation of nursing staff levels and for the Reasonable Workload Committees
to assess and manage identified workloads issues.
(b) For the
purpose of this subclause inpatient mental health units include but are not
limited to:
1. Forensic
Units;
2. Child &
Adolescent Units;
3. Older Adult;
4. Psychiatric
Emergency Care Centres (PECC);
5. Rehabilitation;
6. Extended Care
Units.
(c) When determining
the nursing productive FTE the following should be considered:
1. The previous
12 months activity should be used as a guide unless the unit has had a
significant change in activity, presentation number or type, or where a new
model of care has commenced which has impacted on the type of presentation or
length of stay;
2. Staff
assessment will be based on comparisons to the FTE utilised in the individual
unit in the previous year, using the monitoring reports, in conjunction with
professional judgement and information on known workload issues;
3. Categories:
The number of inpatients requiring 1 staff or more to 1
patient;
The number of inpatients requiring close observation;
The number of inpatients assessed requiring sighting at
regular intervals;
The number of inpatients nearer to going
home.
4. Level &
frequency of aggressive behaviour displayed by patients and based on clinical
risk assessment;
5. Level of
suicidal behaviour displayed by patients (see Mental Health Outcomes and
Assessment Tools (MH-OAT) risk level);
6. Level of
vulnerability / potential of exploitation from others (such as sexual safety,
financial exploitation);
7. Age of patient
and co-morbidities;
8. Patients with
a dual diagnosis;
9. Type of
facility and unit (eg Closed / Open Units);
10. Design of unit;
11. Number of beds
available;
12. Local factors
referred to at subclause 53 (iii) (b) may include but are not limited to:
(i) The
available level of support staff (eg ward clerks,
medical officers, patient support officers, allied health staff);
(ii) Teaching and
research activities;
(iii) Provision of
nurse escorts;
(iv) Ward
geography; and
(v) Data
entry/documentation including MH-OAT.
(d) When
determining the nursing non-productive FTE required:
1. No less than
six weeks (30 days) annual leave relief per productive FTE for staff working
shift work and no less than 4 weeks (20 days) for non-shift workers must be
included.
2. No less than
two weeks (10 days) of sick/FACS leave and mandatory education relief per
productive FTE must be included.
3. Replacement
for long service leave and paid maternity leave should not be considered part
of the funded FTE unless additional FTE is set aside for this purpose. Traditionally
funding for this replacement is managed at a central cost centre for a facility
or service (this must be determined prior to finalising established FTE).
4. Assess impact
on staff for workers’ compensation / return to work programs on the FTE
required.
(e) General
1. Nursing/Midwifery
Unit Managers, Clinical Nurse/Midwife Educators, Clinical Nurse/Midwife
Consultants and Nurse/Midwife Practitioners do not carry a direct clinical
load.
2. Consideration
should be given to the evolution of future clinical roles in nursing.
3. Consideration
should be given to the additional responsibilities related to other activities
such as the Magistrates Hearing and the Mental Health Review Tribunal and
associated escorts.
4. Consideration
should be given to the impact of future legislative requirements on workloads
where reasonably known.
Section VII: Community and Community Mental Health
Staffing Arrangements
(a) The
Association and the Ministry agree that the following staffing arrangements are
to apply in all Community Health Services (including services such as child and
family health, community mental health and drug health) and be used by managers
in the evaluation of nursing staff levels and for the Reasonable Workload
Committees to assess and manage identified workloads issues in accordance with
the principles specified in subclause (iii) Principles.
(b) The current
agreed average ‘face-to-face’ ratio in the Community Health Service (CHS) shall
be used as the starting point for consideration of staffing levels where
indications are that staffing numbers are insufficient to manage the workload.
(c) Funded /
budgeted FTE must include no less than four weeks (20 days) of annual leave
relief per productive FTE. Where staff are required to
work shift work or weekends then no less than six weeks (30 days) should be
included. Managers are responsible for scheduling annual leave equitably
throughout the year to manage leave liabilities and to prevent unreasonable
increased workload for remaining employees arising from the taking of leave.
(d) Funded /
budgeted FTE must include no less than two weeks (10 days) of sick / FACs leave
relief and mandatory education relief per productive FTE. Cost centres with
child and family services must include an additional day to accommodate
mandatory education leave for child protection.
Funded FTE available for relief of sick / FACS /
mandatory education is to be utilised as required when this leave is taken
rather than used for permanent employment.
(e) Replacement
for long service leave and paid maternity leave should not be considered part
of the funded FTE unless additional FTE is set aside for this purpose.
Traditionally, funding for this replacement is managed at a central cost centre
for a facility or service.
(f) Assess impact
on staff for workers’ compensation / return to work programs on the FTE
required.
(g) Existing
appointed positions, eg. CNCs and managers, must be
maintained in their current role, and except in the case of emergencies, shall
not be routinely used to cover nursing shortages in the general workload areas.
To ensure this occurs, each appointed position should
have a position description that defines the scope and requirements of their
primary role.
Leave relief for these positions is required in the
funded FTE.
(h) Induction
programs including preceptorship should be in place
to adequately supervise new staff. These
programs would include a reasonable number of "supernumerary" hours
followed by appropriate allocation of patients according to the complexity of
need and the new staff’s level of training. The ability to consult senior staff
by phone should be ensured, particularly during induction.
Funded FTE should incorporate a reasonable number of
additional hours for this purpose based on historical turnover rates.
(i) Community
Health Services must have the ability to maintain a "pool" of casual
staff to manage unplanned leave and vacancies or a sudden and unanticipated
increase in workload.
(j) Reasonable
deployment within individual Community Health Services to address uneven
workload distribution should occur as a day-to-day management strategy. However
this should not be seen as a method of covering unfilled vacancies or ongoing
sick leave.
Long term demographic trends may result in adjustment
of boundaries to enable existing staffing to better accommodate the needs of
the community while still maintaining composition of their team.
(k) Appropriate
hours for case management should be included in the Funded FTE to maintain a
safe and holistic level of care for patients. This principle is inherent in the
needs for patients in the community.
(l) Appropriate
time for travel in the context of the local geography and traffic conditions
must be factored into hours required for clinical workload.
(m) In accordance
with occupational health and safety principles, hazards must be eliminated or controlled, appropriate loading facilities must be provided,
to enable restocking of clinical supplies and equipment.
(n) Nursing hours
utilised in carrying out non clinically related
activities eg. servicing of
vehicles should be monitored, quantified and incorporated into the FTE required
for a given service.
(o) This list
indicates minimum requirements only.
Section VIII: Emergency Department Staffing
Arrangements
(a) The
Association and the Ministry have agreed that the following staffing
arrangements are to apply in Emergency Departments and be used by managers in
the evaluation of nursing staff levels and for the Reasonable Workload
Committees to assess and manage identified workloads issues in accordance with
the Principles specified in subclause (iii).
(b) When
determining the nursing productive FTE required:
1. The previous
12 months activity should be used unless the ED has had a significant change in
activity, presentation number or type, or where a new model of care has
commenced which has impacted on the type of presentation or Length of Stay.
2. Staff
assessment will be based on comparisons to the FTE Utilised in the individual
ED in the previous year in conjunction with professional judgement,
incorporating anecdotal information on known workload issues.
3. Consideration
needs to be given to local factors affecting workload. This may have the
potential to increase the required FTE over and above that indicated by
activity.
(c) When
determining the nursing non-productive FTE required:
1. No less than
six weeks (30 days) annual leave relief per productive FTE for staff working
shift work and no less than 4 weeks (20 days) for non-shift workers must be
included.
2. No less than
two weeks (10 days) of sick/FACS leave and mandatory education relief per
productive FTE must be included.
3. Replacement
for long service leave and paid maternity leave should not be considered part
of the required FTE. Traditionally funding for this replacement is managed at a
central cost centre for a facility or service.
4. Assess the
impact on staff for workers’ compensation / return to work programs on FTE
required.
(d) General
1. All Level 5
and 6 Emergency Departments to have a dedicated shift coordinator on all shifts
in addition to the FTE required for clinical activity. The requirement for
additional FTE for the Shift Coordinator in Levels 1 to 4 Emergency Departments
is at the discretion of the facility after due consideration of the historical
and anticipated activity for each shift
of the week
2. There is to be
an identified triage nurse on every shift.
3. Provision must
be made for the coverage of community retrievals and participation in the
facility Cardiac Arrest Team, if this an ED
responsibility.
4. Where an
Emergency Department has a dedicated Psychiatric Emergency Care Centre (PECC),
mental health specialist nurses must staff it.
The FTE required for appropriate coverage of the PEC Unit is in addition
to the requirement for the main sections of the Emergency Department.
5. The facility
must have a contingency plan to backfill nurses in the event that they are
called out as part of a disaster team.
6. This list
indicates minimum requirements only.
(e) Provision of
designated nurses for the resuscitation area.
The provision of designated nurses for the
resuscitation area in Emergency Departments will be as follows:
To provide the staffing levels set out in the table
below the required additional nurses will be employed in accordance with a
timetable agreed between the Ministry and the Association, with full effect
from 1 July 2013.
|
Description
|
Provision
|
|
Adult/mixed Emergency Departments with a role
|
Three designated resuscitation nurses on two
|
|
delineation of Level 6 and Urgency Disposition
|
shifts and two designated resuscitation nurses on
|
|
Groups (‘UDG’) of 45,000 or more
|
the third shift
|
|
Adult/mixed Emergency Departments with a role
|
Two designated resuscitation nurses on two shifts
|
|
delineation of Level 6 and UDG of less than 45,000
|
and one designated resuscitation nurse on the third
|
|
|
shift
|
|
Adult/mixed Emergency Departments with a role
|
Two designated resuscitation nurses on two shifts
|
|
delineation of Level 3, 4 or 5 and UDG of more than
|
and one designated resuscitation nurse on the third
|
|
45,000
|
shift
|
|
Adult/mixed Emergency Departments with a role
|
One designated resuscitation nurse on each of
|
|
delineation of Level 4 or 5 and UDG of more than
|
three shifts per day
|
|
25,000 and less than 45,000.
|
|
‘UDG’ stands for urgency disposition groups which is a
methodology applied by the NSW Ministry of Health that weights Emergency
Department attendances for the triage category mix and patient disposition e.g.
hospital admission.
Section IX:
Hospital Listings
(a) The Ministry
will publish on its website the following lists, updated annually:
1. As per clause 53, Section II (a), a list of Hospitals by
Peer Group;
2. As per clause 53, Section III (a), a list of Hospitals by
Emergency Department role delineation;
3. As per clause
53, Section VIII (d), a list of hospitals which outlines both the Emergency
Department role delineation and Urgency Disposition Groups (UDG) attendances.
(v) Role of
Reasonable Workload Committees
(a) Reasonable
Workload Committees shall be established to facilitate consultation on
reasonable workloads for nurses, together with the provision of advice and
recommendations to management. Aspects of reasonable workload may include, but
need not be limited to, nursing workloads generally, the provision of
specialist advice, training, and planning for bed or ward closures or openings
as they relate to nursing workloads. It is intended that the committees, by
their operation, will make a positive contribution to the workload of nurses.
Reasonable Workload Committees are a mechanism to provide for informed
discussions at the local level and encourage the resolution where possible of
any workload disputes at this level in the first instance.
(b The
committees by their operation shall not alter the rights and obligations of
management to decide nursing workload matters.
(c) Public
hospitals, mental health facilities and multi purpose
sites shall monitor the implementation of reasonable workloads for nurses using
the agreed Monitoring System in all inpatient wards/units.
Monthly and annual reports generated by the Monitoring
System shall be provided to the Reasonable Workload Committee to ensure the
committees have the information they need to assess workload issues.
In areas where the NSW Ministry of Health and the
Association have agreed that the Monitoring System cannot apply, relevant
available data pertaining to workloads will be collected and collated for the
use of Reasonable Workload Committees.
(d) It is intended
that the Reasonable Workload Committees provide a structured and transparent
forum for all nurses to be genuinely consulted about workload matters through
an appropriate mechanism; contribute to the decision making process; and have
the ability to resolve disputes about workloads, should they arise, through the
committee process and provisions in this Award.
(vi) Structure
of Reasonable Workload Committees
(a) Upon request
by the Association, nurse(s) employed in a public hospital, or public health
organisation or the employer, a Reasonable Workload Committee shall be
established for the relevant public hospital or public health organisation. Such requests shall be made to the Chief
Executive Officer of the public health organisation. Where circumstances
warrant and are conducive to the efficient delivery of services, a Reasonable
Workload Committee may be established by agreement between the Association and
the employer that covers more than one public hospital or public health
organisation.
(b) Upon request
by the Association or an employer a reasonable workload committee shall also be
established for the relevant Local Health District or Statutory Health
Corporation.
(c) Each
Reasonable Workload Committee shall comprise equal representation of employees
and the employer. Employee
representation shall be determined by the Association. Employer representation shall be determined
by the employer as appropriate. Committee size will be determined by agreement
between the Association and the employer.
Every endeavour shall be made to minimise the size of the committee,
with provision to co-opt additional assistance that may be required on an ‘as
needs’ basis.
(d) The committees
shall meet with a frequency determined by each committee, having regard to
issues and information to hand.
(e) The committee
members and the parties they represent shall make every endeavour to reduce or
eliminate any duplication of subject matter and coverage with pre-existing
structures and consultative mechanisms.
Every effort shall also be taken to ensure the most efficient meeting
arrangements are instituted for operation of the committees and to minimise
disruption to nurses’ rosters. The
committee members and the parties they represent shall make every endeavour to
ensure that any additional time and information imposts arising from the
operations of the committee are minimised.
(f) To enable members
of reasonable workload committees to discharge the committee’s role and carry
out their responsibilities, attendance at committee meetings and reasonable
preparation time shall be deemed to be time on duty and remunerated
accordingly. Wherever possible, this
time shall occur during the ordinary hours of work.
(vii) Grievances in
relation to workload
(a) Notwithstanding
the provisions specified in sub-clauses (ii) to (iii) of Clause 48 - Disputes
in this Award, the following procedure will apply to resolve workload
grievances or staffing grievances directly arising from nursing workload
issues.
(b) A grievance in
relation to such matter shall first be raised at the local ward/unit level with
the Nursing/Midwifery Unit Manager responsible (or the appropriate manager).
(c) If the matter
remains unresolved, it should be referred to the appropriate Nurse/Midwife
Manager, Director of Nursing or Local Health District Director of Nursing,
depending on the nursing executive structure of the public hospital or public
health organisation in which the grievance has arisen.
(d) If the matter
remains unresolved, it should be referred to the appropriate public
hospital/public health organisation reasonable workload committee for
consideration and recommendation to management.
If the matter cannot be resolved by this committee, the issue may be
referred to a Local Health District or Statutory Health Corporation committee
under subclause (v) (b).
(e) If the matter
remains unresolved, it should be dealt with in accordance with the provisions
of sub-clauses (iv) to (ix) of Clause 48 - Disputes in
this Award.
54. Trade Union
Activities
A. Trade Union
Activities regarded as On-Duty
An Association delegate will be released from the
performance of normal duty when required to undertake any of the activities
specified at (i) to (viii) below.
While undertaking such activities on a normal rostered
day on duty, the Association delegate will be regarded as being on duty and
will not be required to apply for leave. The delegate will not be entitled to
overtime at the end of the roster cycle as a consequence of undertaking these
activities.
In circumstances where an Association delegate is not
rostered for duty or is on an allocated/additional day off and is not required
by the employer to undertake these activities, such time will not be counted as
time worked.
(i) Attendance
at meetings of the workplace's Work Health and Safety Committee and
participation in all official activities relating to the functions and responsibilities
of elected Work Health and Safety Committee representatives at a place of work
as provided for in the Work Health and Safety Act, 2011;
(ii) Attendance at
meetings with workplace management or workplace management representatives;
(iii) A reasonable
period of preparation time, before:
(a) meetings with management;
(b) disciplinary or grievance meetings when an Association
member requires the presence of an Association delegate; and
(c) any other meeting with management,
by agreement with management,
where operational requirements allow the taking of such time.
(iv) Giving
evidence in court on behalf of the employer;
(v) Presenting
information on the Association and Association activities at induction sessions
for new staff. The Association shall have up to one half-hour made available
for a presentation in such a program provided to employees. If such programs
are provided to employees by electronic or remote means, the union’s
presentation and associated literature will also be included; and
(vi) Distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours notice
is given to workplace management, unless otherwise agreed between the parties.
Distribution time is to be kept to a minimum and is to be undertaken at a time
convenient to the workplace.
B. Trade Union
Leave Activities
The granting of trade union leave with pay will apply
to the following activities undertaken by an Association delegate, as specified
below:-
(i) annual or biennial conferences of the Association;
(ii) meetings of the Association's Executive, or Councils;
(iii) annual conference of Unions NSW and the Congress of the
Australian Council of Trade Unions;
(iv) attendance at meetings called by the Unions NSW involving
the Association which requires attendance of a delegate;
(v) attendance at meetings called by the Director-General of
Health/Health Service, as the employer for industrial purposes, as and when
required;
(vi) giving evidence before an Industrial Tribunal as a witness
for the Association;
(vii) reasonable travelling time to and from conferences or
meetings to which the provisions of Parts A, B and C of this clause apply.
C. Trade Union
Training Courses
The following training courses will attract the grant
of paid trade union leave as specified below:
(i) accredited Occupational Health and Safety (OH&S) courses
and any other accredited OH&S training for OH&S Committee members. The
provider(s) of accredited OH&S training courses and the conditions on which
paid trade union leave for such courses will be granted shall be negotiated
between the Chief Executive and the Association.
(ii) courses organised and conducted by the Australian Council of
Trade Unions or by the Association or a training provider nominated by the
Association. A maximum of 12 working days in any period of 2 years applies to
this training and is subject to:
(a) the operating requirements of the workplace permitting the
grant of leave and the absence not requiring employment of relief staff;
(b) payment being at the base rate, ie.
excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(c) the employer not being responsible for any travelling and
associated expenses incurred in attending such courses;
(d) attendance being confirmed in writing to the employer by the
Association or a nominated training provider."
D. On-Loan
Arrangements
Subject to the operational requirements of the
workplace, "on loan" arrangements will apply to the following
activities:
(i) meetings interstate or in NSW of a Federal nature to which
an Association member has been nominated or elected by the Association:
(a) as an Executive Member; or
(b) a member of a Federal Council; or
(c) as a member of a vocational or industry committee.
(ii) briefing counsel on behalf of the Association;
(iii) assisting Association officials with preparation of cases or
any other activity outside their normal workplace at which the delegate is
required to represent the interests of the Association;
(iv) country tours undertaken by a member of the executive or
Council of the Association;
(v) taking up of full time duties with the Association
(excluding Elected Office);
(vi) the following financial arrangements apply to the occasions
when a staff member is placed "on loan" to the Association:
(a) the employer will continue to pay the delegate or an
authorised Association representative whose services are "on loan" to
the Association;
(b) the employer will seek reimbursement from the Association at
regular intervals of all salary and associated on costs, including
superannuation;
(c) agreement with the
Association on the financial arrangements, including agreement on leave
matters, must be reached before the on loan arrangement commences and must be
documented in a manner negotiated between the Chief Executive of the Health
Service and the Association.
(vii) "On
loan" arrangements negotiated in terms of this clause are to be regarded
as service for the accrual of all leave, for incremental progression and for
continuity of employment purposes.
(viii) On loan
arrangements may apply to full-time or part-time staff and are to be kept to
the minimum time required. Where the Association needs to extend an on loan
arrangement, the Association shall approach the Chief Executive in writing for
an extension of time well in advance of the expiration of the current period of
on loan arrangement.
(ix) Where
the Chief Executive and the Association cannot agree on the on loan
arrangement, the matter is to be referred to the Director-General of Health for
determination after consultation with the Chief Executive and the
Association."
E. Period of
Notice for Trade Union Activities
The Chief Executive or their nominee must be notified
in writing by the Association or, where appropriate, by the accredited delegate
as soon as the date and/or time of the meeting, conference or other accredited
activity is known.
F. Access to
Facilities by Trade Union Delegates
The workplace shall provide accredited delegates with
reasonable access to the following facilities for authorised Association
activities:
(i) telephone, facsimile and, where available, email facilities;
(ii) a notice
board for material authorised by the Association or access to staff notice
boards for material authorised by the Association;
(iii) workplace conference or meeting facilities, where available,
for meetings with member(s), as negotiated between local management and the
Association."
G. Responsibilities
of the Trade Union Delegate
Responsibilities of the delegate are to:
(i) establish accreditation as a delegate
with the Association and provide proof of accreditation to the workplace;
(ii) participate in the workplace consultative processes, as
appropriate;
(iii) follow the dispute settling procedure applicable in the
workplace;
(iv) provide sufficient notice to the immediate supervisor of any
proposed absence on authorised Association business;
(v) account
for all time spent on authorised Association business;
(vi) when trade union leave is required, to apply for that leave
in advance;
(vii) distribute Association literature/membership forms, under local
arrangements negotiated between the Chief Executive and the Association; and
(viii) use any facilities provided by the workplace properly and
reasonably as negotiated at organisational level."
H. Responsibilities
of the Trade Union
Responsibilities of the Association in respect of trade
union activities are to:
(i) provide written advice to the Chief Executive about an
Association activity to be undertaken by an accredited delegate and, if
requested, to provide written confirmation to the workplace management of the
delegate's attendance/participation in the activity;
(ii) meet travelling, accommodation and any other costs incurred
by the accredited delegate, except as provided in subclause (iii) of Part I,
Responsibilities of Workplace Management;
(iii) pay promptly any monies owing to the workplace under a
negotiated "on loan" arrangement;
(iv) provide proof of identity when visiting a workplace in an
official capacity, if requested to do so by management;
(v) apply to the Chief Executive of the health service well in
advance of any proposed extension to the "on loan" arrangement;
(vi) assist the workplace management in ensuring that time taken
by the Association delegate is accounted for and any facilities provided by the
employer are used reasonably and properly; and
(vii) advise employer of any leave taken by the Association
delegate during the on loan arrangement.
I. Responsibilities
of Workplace Management
Where time is required for Association activities in
accordance with this Award the responsibilities of the workplace management are
to:
(i) release the accredited delegate from duty for the duration
of the Association activity, as appropriate, and, where necessary, to allow for
sufficient travelling time during the ordinary working hours;
(ii) advise the workplace delegate of the date of the next
induction session for new staff members in sufficient time to enable the
Association to arrange representation at the session;
(iii) meet the travel and/or accommodation costs properly and
reasonably incurred in respect of meetings called by the workplace management;
(iv) where possible, to provide relief in the position occupied
by the delegate in the workplace, while the delegate is undertaking Association
responsibilities to assist with the business of workplace management;
(v) recredit any other leave applied
for on the day to which trade union leave or release from duty subsequently
applies. This does not apply where the delegate is rostered off duty on the day
she/he is required to perform Association activities or on an
allocated/additional day off duty;
(vi) to continue to pay salary during an "on loan"
arrangement negotiated with the Association and to obtain reimbursement of
salary and on-costs from the Association at regular intervals, or as otherwise
agreed between the parties if long term arrangements apply;
(vii) to verify with the Association the time spent by an
Association delegate or delegates on Association business, if required; and
(viii) if the time and/or the facilities allowed for Association
activities are thought to be used unreasonably and/or improperly, to consult
with the Association before taking any remedial action.
J. Travelling
and other Costs of Trade Union Delegates
(i) Except
as specified in subclause (iii) of Part I, Responsibilities of Workplace
Management of this Award, travel and other costs incurred by accredited
Association delegates in the course of Association activities will be paid by
the Association.
(ii) In respect of
meetings called by the workplace management in terms of subclause (iii) of Part
I, Responsibilities of Workplace Management of this Award, the payment of
travel and/or accommodation costs, properly and reasonably incurred, is to be
made, as appropriate, on the same conditions as apply under clause 20 of this
Award and relevant Circulars.
(iii) No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from the employer, in respect of Association activities
covered by paid trade union leave or trade union "on duty" activities
provided for in this Award.
(iv) The
"on loan" arrangements shall apply strictly as negotiated and no
extra claims in respect of the period of on loan shall be made on the employer
by the Association or the staff member.
55. Learning and
Development Leave
(i) Definitions
The following definitions apply in this clause:
"Learning and Development Leave" includes leave
granted to undertake tertiary studies at an accredited education institution
and includes leave for examinations, or leave granted to attend external
activities, such as conferences, seminars and short courses. Employees may also
attend lectures, tutorials, conferences or seminars on days they are not
rostered for duty, for which no payment is made.
Leave is not required for the following types of
employer-supported learning activities that are undertaken by employees on a
routine basis, and at which employees are considered to be ‘on duty’:
in-house courses or activities
mandatory training and
education.
"Educational institutions" are those
accredited to provide undergraduate and/or postgraduate tertiary studies that
culminate in a recognised academic and/or professional qualification including
a degree, diploma or certificate.
(ii) General
(a) Learning and
development is a shared responsibility between the organisation and the
individual. Employees should be prepared to pursue their own development and
the organisation should promote an environment that supports individual
initiative.
(b) The
Director-General of Health is responsible for setting policy direction to
ensure that all employees receive appropriate learning opportunities.
(c) Chief
Executives of Health Services are responsible and accountable for ensuring that
employees receive appropriate learning opportunities in line with the present
and future needs of the Health Service. Chief Executives are also responsible
for allocating an appropriate budget for learning activities, which may include
replacement costs for rostered staff who are on leave
to attend an approved workshop, conference or tertiary studies.
(d) Managers and
supervisors are responsible and accountable for promoting and supporting
learning activities for staff in their area of responsibility. Managers and
supervisors are also responsible for arranging replacement staff, when
necessary, for employees who may be attending learning activities. Managers and
supervisors must advise all employees of the protocol for review procedures
relating to non-approval of Learning and Development Leave.
(e) Nurses wishing
to attend a part time postgraduate course of study who are working shiftwork are to be given priority in being released from
rostered shifts to attend lectures/tutorials where there are no alternative and
feasible attendance options. Replacement of staff should be provided where
appropriate. This applies only to further studies that lead to a recognised
clinical qualification.
(f) Employees are
responsible for meeting all fees/costs associated with tertiary studies and
fees associated with other educational activities unless the Health Service
offers scholarships or other forms of financial assistance.
(iii) Eligibility
(a) Access to
Learning and Development Leave is at the discretion of the Health Service. It should be made available to all eligible
employees within the Health Service to promote the development of a highly
trained, skilled and versatile workforce which is responsive to the
requirements of government and Health Service delivery.
(b) Permanent
staff who are full time or part time, and full time
temporary employees are eligible to apply for leave. Part time temporary
employees and permanent part time employees are granted leave on a pro-rata
basis. Casual staff are not eligible for this form of
leave.
(iv) Types
and amount of leave
(a) Seminars,
conferences and short courses
(1) The approval of
leave and/or financial assistance for attendance at seminars, conferences or
short courses should be considered in light of the Health Service strategic
plan. Employees may be granted Learning and Development Leave, or may be
considered on duty depending on the priority for this activity in the light of
the Health Service Strategic Plan.
(2) The amount of
leave is at the discretion of the Health Service. Decisions in relation to
financial assistance should be made in the context of the budget and the
expected benefits to the Health Service.
(b) Tertiary Study
(1) When developing
local learning and Development Leave policy for tertiary study each Health
Service will need to advise employees of local approval arrangements.
(2) Leave is not to
be approved for failed or repeated subjects.
(c) Face
to face
(1) The amount of leave granted is at the
discretion of the Health Service. As a
guide, in respect of attendance at an educational institution, employees may be
granted 50% of compulsory attendance times up to four hours per week per
semester or term.
(2) The amount of
leave to attend examinations should be based on the specific requirements of
the individual course. An employee’s request not to be rostered to work night
shift on the day prior to a scheduled morning examination should, wherever
practicable, be agreed to by the Health Service.
(d) Distance
Education
An equivalent amount of Learning and Development Leave
to that available for face to face study is to be granted to employees
undertaking distance education.
(e) Accrual of
leave
Learning and Development Leave associated with tertiary
studies may be accrued up to a maximum of 5 days per semester or term, and may
be accrued until the last examination of the semester, or the last attendance
day of the semester if there is no final examination.
(f) Residentials
The amount of leave to attend a compulsory residential
program should be based on the specific requirements of the course and should
be negotiated at the time of application for Learning and Development Leave.
(g) Thesis/Research
or combination Thesis/Research/Coursework
Periods of leave may also be granted to employees
undertaking higher degrees by thesis, research, coursework, or a combination of
same. The amount of leave will be based on four hours per week for each academic
year of study. Rather than being taken on a week to week basis the leave is
available over the course of study. For example, if the higher degree takes 1
academic year and an academic year is 30 weeks the entitlement for leave would
be calculated as 30 weeks x four hours = 120 hours available over the
year. If the higher degree takes two
years the amount would be 240 hours. All hours are available over the length of
the course and may be taken in amounts mutually agreeable between the employee
and the Health Service.
(v) Payment for
Leave
Leave approved pursuant to this clause will be paid at
the employee’s ordinary rate of salary and excluding penalty rates.
56. Career Break
Scheme
(i) The
career break scheme allows employees to defer twenty percent
of their salary for four years, and be paid this deferred salary in the fifth
year.
(ii) Employees who
apply and are approved to participate in the career break scheme will receive
100% of their normal salary for the first four years with a deduction equivalent
to 20% of net salary (gross less tax). The 20% of net salary is deposited into
a trust account in the employee’s name each pay period for payment in the fifth
year (the deferred salary leave year) and subject to applicable taxation as
required by law.
(iii) All full time
and permanent part time employees are eligible to participate in the career
break scheme. Casual and temporary
employees are excluded from participation in career break scheme. If a permanent employee is placed into
another position by way of temporary engagement or secondment during the four
years when salary is being deferred, this will not of itself affect their
continued participation in the career break scheme.
(iv) Each
public health organisation will call for expressions of interest from employees
seeking to participate in the career break scheme once each calendar year. The
timing of the invitation of applications is to be determined by the public
health organisation but in any event will not be later than 30th June 2007 for
the initial commencement year.
(v) Each public
health organisation will determine the number of employees that may participate
in the career break scheme having regard to service delivery and staffing
levels and reserves the right to approve or not approve requests after
considering workforce needs. This will
be done in consultation with employees. The public health organisation will not
unreasonably refuse any application by an employee to participate in the career
break scheme.
(vi) For
members of the State Superannuation Scheme (SSS) the public health organisation
will maintain the participant’s employer contributions for the full five year
period at the rate applicable to a person earning full salary for each of the
five years. Any required personal
superannuation contributions of participants are payable at the rate applicable
to 100% of salary for each of the five years.
(vii) For members of
the State Authorities Superannuation Scheme (SASS) the public health
organisation will maintain the participant’s employer contributions for the
full five year period at the rate applicable to a person earning full salary
for each of the five years. Any required
personal superannuation contributions of participants are payable at the rate
applicable to their full salary for each of the five years.
(viii) For members of
other complying funds (eg First State Superannuation,
HESTA, HIP) the public health organisation will cease
making employer contributions during the deferred salary leave year. The superable salary is deemed to be 100% of
the participant’s normal salary (both deferred and the remaining 80% paid) for
each of the first four years, and superannuation employer contributions are
calculated on this basis. In the
deferred salary leave year no employer contributions to superannuation are
payable for members of these funds.
(ix) Employees will
continue to pay all personal employee superannuation contributions whilst
participating in the career break scheme. The amount of such employee
contributions is determined by the superannuation scheme/fund to which the
employee is contributing and personal contributions during the deferred salary
leave year are payable at the rate applicable to the employee’s full salary.
(x) In the
deferred salary leave year, salary packaging and payroll deductions will not be
available.
(xi) The five years
of the career break scheme will count as service for the accrual of long
service leave, sick leave, annual leave, salary increments and other statutory
entitlements. Any leave without pay taken by an employee whilst participating
in the career break scheme will not count for the purpose of accrual of any
leave. For the purpose of determining the leave accrued in the fifth year of the
career break scheme (i.e. the deferred salary leave year) for permanent
part-time employees, the average of all hours worked (excluding overtime) in
the first four years of the career break scheme and including paid leave taken
will be used for the basis of making this calculation.
(xii) If any leave
without pay is taken by an employee during the first four years of the career
break scheme, the commencement of the deferred salary leave year will be
postponed by the time the employee was absent from duty i.e. by the number of
days leave without pay taken by the employee.
(xiii) Employees are
entitled to take paid leave during the first four years of the career break
scheme, subject to normal approval processes at the public health organisation.
Whilst on any paid leave the employee will be paid in accordance with subclause
(ii) of this clause.
(xiv) Employees are
not entitled to take any form of leave during the deferred salary leave year,
with the exception of Maternity and Adoption leave.
In respect to Maternity or Adoption leave, if the
deferred salary year has not yet commenced, the employee may elect to postpone
the deferred salary leave year until after the completion of such leave (up to
52 weeks). If the employee elects not to postpone the deferred salary leave
year, they are entitled to a lump sum payment of their normal salary for the
period of paid maternity/adoption leave. The paid maternity/adoption leave does
not extend the deferred salary leave year.
(xv) There will be no
access to the deferred salary until the fifth year unless the employee chooses
to withdraw from the career break scheme.
(xvi) An employee may
elect to withdraw from the career break scheme at any time by giving reasonable
notice to the employer, and will be paid all monies in the trust account.
(xvii) It is the
responsibility of the employee participating in the career break scheme to
declare the interest earned on the deferred salary to the Taxation Office.
Normal government statutory charges attributed to an individual’s deferred
salary account will be paid by the employee.
(xviii) Subject to
approval by the public health organisation an employee may undertake outside
employment in the deferred salary leave year. During the deferred salary leave
year, employees are not permitted to undertake work in the NSW Health Service
in positions covered by the Award.
However, this does not prevent work in the NSW Health Service in another
position not covered by the Award.
(xix) Upon return to
work after the deferred salary leave year an employee will resume employment in
their substantive public health system entity position at the conclusion of
their participation in the career break scheme, being the anniversary date of
commencing the deferred salary leave year.
(xx) Employees are
advised to seek independent financial advice about participating in the career
break scheme and the effect on superannuation.
Comprehensive details regarding the operation of the career break will
be recorded in a written agreement between the employee and the employer, to be
signed prior to the commencement of the five year period.
(xxi) A review of the
operation of this clause will occur by a date agreed between the parties. That review will be undertaken by the Ministry
of Health and the Nurses’ Association and will consider any recommendations to
vary the Scheme.
57 Occupational
Health and Safety for Employees of Contractors and Labour Hire Businesses
(i) This
clause arises from the Secure Employment Test Case 2006. For the purposes of
this subclause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(a) consult with employees of the labour hire business and/or
contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
(iii) Nothing in
this clause is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act
1998.
(iv) Disputes
regarding the application of this clause. Where a dispute arises as to the
application or implementation of this clause, the matter shall be dealt with
pursuant to the disputes settlement procedure of this award.
(v) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
58 Commitments During Term of This Award
(i) The
Association commits to continuing co-operation with and, where requested,
participation in, NSW Health efficiency and productivity improvement
initiatives, including those set out below:
a) better demand management though Medical Assessment Units,
Community Service Packages, and Community Acute/Post Acute
Care;
b) improved Severe Chronic Disease Management (SCDM);
c) implementation of Electronic Medical Records, Electronic
Medication Management, and Computerised Physician Order Entry;
d) enhanced Healthcare Associated Infections (HAI) control;
e) improved clinical hand-over procedures;
f) reduction in medication errors;
g) increased utilisation of Telehealth,
enabling rural and remote hospitals to access advice and specialised skills to
minimise treatment delays and reduce patient transfers;
h) improved Nursing/Midwifery Unit Manager capabilities;
i) improved Drug & Alcohol Consultation liaison;
j) improved Management of Patient Deterioration;
k) management of ambulatory care sensitive conditions;
l) implementing
the new rostering system, in particular co-operating in learning and applying
the new system; and
m) continuation of
changes to ensure consistency in approach to skill mix and classifications,
including use of nurse practitioners, senior clinical nurses, enrolled nurses
and assistants in nursing. One of the
clinical areas to be reviewed to ensure appropriate skill mix is in operating
theatres.
(ii) The
Association commits to continuing co-operation with and, where requested by the
Ministry, participation in, the following safety and quality initiatives:
a) better discharge management planning to facilitate earlier
discharges and other improved patient flow strategies;
b) trialling and/or implementation of new models of care, such
as Urgent Care Centres and the Surgery Futures project, which includes
establishment of high volume short stay surgery centres and improved separation
of emergency from planned surgery;
c) operating theatre redesign to move procedures not needing a
full operating theatre environment to procedure rooms and ambulatory care
centres;
d) implementation of programs to facilitate rapid assessment of
patients from residential aged care facilities;
e) the Pharmacy
Reform program, in particular the review of nursing roles in medication
management (including transition to home and general business processes) and
implementation of any recommended changes; and
f) operationalising Supervision for
Safety principles within existing staffing.
(iii) This
commitment to co-operation is without prejudice to any claims the Association
may make covering the period from 1 July 2009 with respect to increased productivity,
work value or special case factors arising from the provisions described above,
or any response by the Ministry to such claims.
59 Area,
Incidence and Duration
(i) This
Award rescinds and replaces the Public Health System Nurses’ and Midwives’ (State)
Award 2011 published 27 July 2012 (373 I.G. 312), and all variations thereof.
(ii) This Award
shall apply to persons engaged in the industry of nursing.
(iii) Industry of
nursing means the industry of persons engaged in New South Wales in the profession
or occupation of nursing including midwifery and employed in or in connection
with the New South Wales Health Service as defined in section 115 of the Health
Services Act 1997or its successors, assignees or transmittees.
(iv)
This Award shall take effect from the first full pay period commencing
on or after 1 July 2015. It shall remain
in force until 30 June 2017.
Part B
Monetary Rates
Table 1 Salaries
|
Description
|
FFPP
|
FFPP
|
|
|
01/07/2015
|
01/07/2016
|
|
|
per week
|
per week
|
|
Assistant in Nursing/Midwifery
|
|
|
|
1st Year
|
$800.80
|
$820.80
|
|
2nd Year
|
$826.30
|
$847.00
|
|
3rd Year
|
$852.40
|
$873.70
|
|
4th Year and Thereafter
|
$878.60
|
$900.60
|
|
Enrolled Nurse without medication qualification
|
|
|
|
1st Year
|
$982.70
|
$1,007.30
|
|
2nd Year
|
$1,004.50
|
$1,029.60
|
|
3rd Year
|
$1,025.80
|
$1,051.40
|
|
4th Year
|
$1,047.60
|
$1,073.80
|
|
5th Year and Thereafter
|
$1,069.70
|
$1,096.40
|
|
Special Grade >08.12.99
|
$1,102.90
|
$1,130.50
|
|
Enrolled Nurse
|
|
|
|
1st Year
|
$1,004.50
|
$1,029.60
|
|
2nd Year
|
$1,025.80
|
$1,051.40
|
|
3rd Year
|
$1,047.60
|
$1,073.80
|
|
4th Year
|
$1,069.70
|
$1,096.40
|
|
5th Year and Thereafter
|
$1,091.30
|
$1,118.60
|
|
Special Grade
|
$1,124.90
|
$1,153.00
|
|
Registered Nurse/Midwife
|
|
|
|
1st Year
|
$1,114.30
|
$1,142.20
|
|
2nd Year
|
$1,174.90
|
$1,204.30
|
|
3rd Year
|
$1,235.50
|
$1,266.40
|
|
4th Year
|
$1,300.60
|
$1,333.10
|
|
5th Year
|
$1,365.20
|
$1,399.30
|
|
6th Year
|
$1,429.50
|
$1,465.20
|
|
7th Year
|
$1,502.90
|
$1,540.50
|
|
8th Year and Thereafter
|
$1,564.80
|
$1,603.90
|
|
Clinical Nurse/Midwife Specialist
|
|
|
|
Grade 1 - 1st Year and Thereafter
|
$1,628.40
|
$1,669.10
|
|
Grade 2 - 1st Year
|
$1,749.30
|
$1,793.00
|
|
Grade 2 - 2nd Year and Thereafter
|
$1,806.60
|
$1,851.80
|
|
Clinical Nurse/Midwife Consultant
|
|
|
|
Appointed prior to 31.12.99
|
$2,002.40
|
$2,052.50
|
|
Grade 1 - 1st Year >31.12.99
|
$1,957.40
|
$2,006.30
|
|
Grade 1 - 2nd Year >31.12.99
|
$1,997.40
|
$2,047.30
|
|
Grade 2 - 1st Year >31.12.99
|
$2,037.00
|
$2,087.90
|
|
Grade 2 - 2nd Year >31.12.99
|
$2,077.50
|
$2,129.40
|
|
Grade 3 - 1st Year >31.12.99
|
$2,157.20
|
$2,211.10
|
|
Grade 3 - 2nd Year >31.12.99
|
$2,197.30
|
$2,252.20
|
|
Clinical Nurse/Midwife Educator
|
|
|
|
Year 1
|
$1,694.20
|
$1,736.60
|
|
Year 2 and Thereafter
|
$1,749.30
|
$1,793.00
|
|
Nurse/Midwife Educator
|
|
|
|
4th Year as at 1/7/08
|
$2,002.40
|
$2,052.50
|
|
Grade 1 - 1st Year
|
$1,903.00
|
$1,950.60
|
|
Grade 1 - 2nd Year and Thereafter
|
$1,957.40
|
$2,006.30
|
|
Grade 2 - 1st Year
|
$2,037.00
|
$2,087.90
|
|
Grade 2 - 2nd Year and Thereafter
|
$2,077.50
|
$2,129.40
|
|
Grade 3 - 1st Year
|
$2,157.20
|
$2,211.10
|
|
Grade 3 - 2nd Year and Thereafter
|
$2,197.30
|
$2,252.20
|
|
Nurse/Midwife Practitioner
|
|
|
|
1st Year
|
$2,157.20
|
$2,211.10
|
|
2nd Year
|
$2,197.30
|
$2,252.20
|
|
3rd Year
|
$2,253.40
|
$2,309.70
|
|
4th Year and Thereafter
|
$2,309.80
|
$2,367.50
|
|
Nursing/Midwifery Unit Manager
|
|
|
|
Level 1
|
$1,963.00
|
$2,012.10
|
|
Level 2
|
$2,056.00
|
$2,107.40
|
|
Level 3
|
$2,111.40
|
$2,164.20
|
|
Nurse/Midwife Manager
|
|
|
|
Grade 1 - 1st Year
|
$1,957.40
|
$2,006.30
|
|
Grade 1 - 2nd Year and Thereafter
|
$1,997.40
|
$2,047.30
|
|
Grade 2 - 1st Year
|
$2,037.00
|
$2,087.90
|
|
Grade 2 - 2nd Year and Thereafter
|
$2,077.50
|
$2,129.40
|
|
Grade 3 - 1st Year
|
$2,157.20
|
$2,211.10
|
|
Grade 3 - 2nd Year and Thereafter
|
$2,197.30
|
$2,252.20
|
|
Grade 4 - 1st Year
|
$2,277.10
|
$2,334.00
|
|
Grade 4 - 2nd Year and Thereafter
|
$2,317.00
|
$2,374.90
|
|
Grade 5 - 1st Year
|
$2,396.50
|
$2,456.40
|
|
Grade 5 - 2nd Year and Thereafter
|
$2,437.00
|
$2,497.90
|
|
Grade 6 - 1st Year
|
$2,516.90
|
$2,579.80
|
|
Grade 6 - 2nd Year and Thereafter
|
$2,557.10
|
$2,621.00
|
|
Grade 7 - 1st Year
|
$2,716.30
|
$2,784.20
|
|
Grade 7 - 2nd Year and Thereafter
|
$2,756.70
|
$2,825.60
|
|
Grade 8 - 1st Year
|
$2,916.50
|
$2,989.40
|
|
Grade 8 - 2nd Year and Thereafter
|
$2,956.20
|
$3,030.10
|
|
Grade 9 - 1st Year
|
$3,115.90
|
$3,193.80
|
|
Grade 9 - 2nd Year and Thereafter
|
$3,156.00
|
$3,234.90
|
|
Registered Mothercraft Nurse
|
|
|
|
9th Year
|
$1,327.90
|
$1,361.10
|
|
The mothercraft classification applies only to persons
employed in this
|
|
|
|
classification as at 31 December
1988. Persons employed after that date are
|
|
|
|
classified as Enrolled Nurses. As
at 30 June 2015, all existing Registered
|
|
|
|
Mothercraft Nurses were classified as Registered
Mothercraft Nurse 9th Year.
|
|
|
|
Residential Care Nurses
|
|
|
|
1st Year
|
$958.80
|
$982.80
|
|
2nd Year
|
$977.90
|
$1,002.30
|
|
3rd Year
|
$997.20
|
$1,022.10
|
|
4th Year
|
$1,020.00
|
$1,045.50
|
|
5th Year and Thereafter
|
$1,038.80
|
$1,064.80
|
|
Registered Nurse - Pre Registration
|
|
|
|
1st Year and Thereafter
|
$960.90
|
$984.90
|
Table 2 - Other Rates and Allowances
|
Item
|
Clause
|
Allowance
|
FFPP
|
FFPP
|
|
|
|
|
1/07/2015
|
1/07/2016
|
|
|
|
In charge of hospital
|
|
|
|
1
|
12(i)(a)
|
RN in charge of hospital - per shift
|
$31.86
|
$32.66
|
|
|
|
On Call
|
|
|
|
2
|
12(ii)(a)
|
On Call Allowance - per hour
|
$3.49
|
$3.58
|
|
2
|
12(ii)(a)
|
On Call Allowance minimum payment
|
$27.85
|
$28.55
|
|
3
|
12(ii)(b)
|
On Call Allowance on RDO - per hour
|
$6.96
|
$7.13
|
|
3
|
12(ii)(b)
|
On Call Allowance on RDO minimum payment
|
$55.70
|
$57.09
|
|
4
|
12(ii)(c)
|
On call during meal break - per break
|
$13.71
|
$14.05
|
|
|
|
Radiographic
|
|
|
|
5
|
12(iii)(a)
|
Director of Nursing performing radiographic duties - per
|
$38.86
|
$39.83
|
|
|
|
week
|
|
|
|
6
|
12(iii)(c)
|
Employee in absence of DON - per day
|
$7.78
|
$7.97
|
|
6
|
12(iii)(c)
|
Maximum payment - per week
|
$38.86
|
$39.83
|
|
7
|
12(iv)
|
Employee wearing lead apron - per hour
|
$1.93
|
$1.98
|
|
|
|
In Charge of Ward/Hospital
|
|
|
|
8
|
12(v)(a)&(b)
|
RN in charge of ward - per shift
|
$31.86
|
$32.66
|
|
9
|
12(vi)
|
RN in charge of ward also in charge of hospital <100
beds
|
$47.79
|
$48.98
|
|
|
|
- per shift
|
|
|
|
9
|
12 (ix)
|
RN in charge of ward also in charge of hospital >100
beds
|
$61.09
|
$62.62
|
|
(b)
|
|
- per shift
|
|
|
|
|
|
Climatic/Isolation
|
|
|
|
10
|
14(i)
|
Climatic Allowance - per week
|
$3.65
|
CPI TBD
|
|
10
|
14(ii)
|
Isolation Allowance - per week
|
$7.18
|
CPI TBD
|
|
11
|
17(i)
|
Special rate for RN - Tibooburra and Ivanhoe Hospitals -
|
$32.22
|
CPI TBD
|
|
|
|
per week
|
|
|
|
11
|
17(i)
|
Special rate for EN, AIN - Tibooburra and Ivanhoe
|
$14.04
|
CPI TBD
|
|
|
|
Hospitals - per week
|
|
|
|
|
|
Justice Health
|
|
|
|
11a.
|
17(iii)
|
Justice Health Service Environmental Allowance per
|
$2,795.00
|
$2,865.00
|
|
|
|
annum
|
|
|
|
11b.
|
17(iv)
|
Justice Health Service Productivity Allowance - per week
|
$68.89
|
$70.61
|
|
|
|
Excess Fares
|
|
|
|
12
|
20(iv)(b)
|
Excess Fares - per day
|
$5.20
|
$5.20
|
|
|
|
Uniform and Laundry Allowance
|
|
|
|
13
|
23(iii)(a)
|
Uniform Allowance - per week
|
$7.24
|
CPI TBD
|
|
13
|
23(iii)(a)
|
Shoes Allowance - per week
|
$2.25
|
CPI TBD
|
|
13
|
23(iii)(a)
|
Uniform (including shoes allowance) - per week
|
$9.49
|
CPI TBD
|
|
13
|
23(iii)(a)
|
Cardigan or Jacket Allowance - per week
|
$2.17
|
CPI TBD
|
|
14
|
23(iv)
|
Laundry Allowance - per week
|
$6.04
|
CPI TBD
|
|
|
|
Accommodation and Board Deductions
|
|
|
|
15
|
38(iii)(a)
|
Separate bedroom - per week
|
$66.71
|
$68.38
|
|
15
|
38(iii)(b)
|
Self contained flat - per week
|
$81.28
|
$83.31
|
|
16
|
38(iv)
|
Deduction for meals (per week)
|
$144.01
|
$147.61
|
|
17
|
38(v)(b)
|
Breakfast - per meal
|
$4.87
|
$4.99
|
|
17
|
38(v)(b)
|
Other meals - per meal
|
$8.87
|
$9.09
|
|
|
|
CSSD
|
|
|
|
18
|
12(viii)
|
EN employed in CSSD unit with CSSD Cert - per week
|
$15.10
|
$15.48
|
|
|
|
Flight Nurses
|
|
|
|
19
|
17(v)
|
Industry Allowance, Flight Nurses, Ambulance Service -
|
$15.42
|
$15.81
|
|
|
|
per week
|
|
|
|
|
|
Continuing Education Allowance (CEA)
|
|
|
|
20
|
13(ii)
|
CEA - Post Registration Hospital Certificate - per week
|
$37.00
|
$38.00
|
|
21
|
13(iii)
|
CEA - Post Graduate Certificate - pw
|
$37.00
|
$38.00
|
|
22
|
13(iv)&(x)
|
CEA - Post Graduate Diploma or Degree - per week
|
$55.50
|
$57.00
|
|
23
|
13(v)&(x)
|
CEA - Masters Degree or
Doctorate - per week
|
$67.00
|
$68.50
|
|
24
|
13(vii)
|
CEA - Enrolled Nurse Certificate 4 - per week
|
$27.50
|
$28.00
|
|
25
|
13(viii)
|
CEA - Enrolled Nurse Advanced Diploma of Nursing
|
$33.00
|
$34.00
|
|
|
|
(Enrolled/Division
2 Nursing) - per week
|
|
|
SCHEDULE 1: NURSE/MIDWIFE MANAGERS
A registered nurse/midwife who:
Grade 1
(a) participates
in the management of the nursing service as the Deputy Nurse Manager in a small
health facility or hospital and is responsible to an on-site Nurse Manager;
(b) supervises the nursing services in a small health facility
or hospital on evenings, nights and/or weekends (where such a position exists
as a separate and substantive position).
Grade 2
(a) supervises the nursing services in a health facility or
hospital greater than 100 ADA on evenings, nights and/or weekends;
(b) participates in the management of the nursing service of a
small health facility or hospital as the Deputy Nurse Manager, and is
responsible to a nurse manager who has responsibility for the management of two
or more hospitals;
(c) co-ordinates and manages a function, service or section
(including a ward and/or unit or community nursing service) within a health
facility or hospital.
Grade 3
(a) co-ordinates
and manages a nurse education service of a hospital or group of hospitals or
health facility, supervising at least one other nurse educator (provided that
the requirement to be responsible for one or more nurse educators shall not
apply in the case of an employee who is regarded by his or her employer as a
resource person for other nurse educators or who is a sole educator for that nurse
education service);
(b) participates in the management of nursing services as the
Deputy Nurse Manager in a medium-sized health facility or hospital (other than
a tertiary referral teaching hospital);
(c) is
responsible for the management of nursing services in a small health facility
or hospital;
(d) is the on-site executive officer in addition to
responsibility for the management of nursing services in a facility or hospital
generally not exceeding 10 ADA.
(e) co-ordinates and manages a complex function, service or
section (including a large and/or complex ward and/or unit or community nursing
service) within a health facility or hospital.
Grade 4
(a) participates in the management of nursing services as the
Deputy Nurse Manager in a complex hospital (other than a tertiary referral
teaching hospital);
(b) is
responsible for the overall management of nursing services across a group of
small hospitals or facilities or health services;
(c) co-ordinates and manages a hospital wide function or service
in a tertiary referral teaching hospital.
Grade 5
(a) is
responsible for nursing operations in a major clinical division (for example,
surgery or medicine) of a teaching hospital (other than a tertiary referral
teaching hospital);
(b) co-ordinates and manages a complex nurse education function;
(c) is the on-site executive officer in addition to
responsibility for the management of nursing services in a facility or hospital
(or group) generally greater than 10 ADA and generally not exceeding 30 ADA.
(d) is
responsible for management of nursing services in a medium sized health
facility or hospital.
Grade 6
(a) is the on-site
executive officer in addition to responsibility for the management of nursing
services in a facility or hospital (or group) generally greater than 30 ADA and
generally not exceeding 75 ADA.
(b) is
responsible for the management of nurse education in a Local Health District
where the largest hospital in the District is less than 250 ADA;.
(c) participates in the management of the nursing services as
the Deputy Nurse Manager in a tertiary referral teaching hospital;
(d) is
responsible for nursing operations in a major clinical division of a tertiary
referral teaching hospital;
(e) is
responsible for management of nursing services in a medium sized health
facility or hospital.
Grade 7
(a) is
responsible for the management of nursing services in a complex hospital;
(b) is
responsible for the management of nursing services across a group of
medium-sized hospitals or facilities or health services;
(c) is
responsible for the management of nurse education in a Local Health District
where the largest hospital in the District has an ADA greater than 250.
Grade 8
(a) is
responsible for the overall management of nursing services across a group of
complex hospitals or facilities or health services;
Grade 9
(a) is
the Local Health District Director of Nursing Services in a rural Local Health
District ;
(b) is
responsible for the nursing services in a major teaching hospital providing
tertiary referral services.