PRIVATE MEDICAL IMAGING & RADIATION TECHNOLOGY (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION
OF NEW SOUTH WALES
Review
of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1210 of 2001)
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Before Mr Deputy President Grayson
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25 July 2001
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REVIEWED AWARD
PART A
1. TITLE
1.0 This award will
be referred to as the Private Medical Imaging & Radiation Technology
(State) Award.
2. PARTIES
2.1 This award
will be binding upon The Health and Research Employees' Association of New
South Wales (the union) and its officers and members in respect of work done by
employees of the employers employed in the Classifications set out in Clause 6
- Classifications and Rates of Pay, not covered by the Health Services Union of
Australia (Private Medical Imaging & Radiation Technology) Award 1998, of the
Australian Industrial Relations Commission made on 30 November 1998, and all
variations thereof.
2.2 Notwithstanding
subclause 2.1, this award will not apply to any employee whose gross earnings
exceed the sum of $75,200 per annum.
3. ARRANGEMENT
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CLAUSE NUMBER
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SUBJECT MATTER
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Operative Clauses
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1.
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Title
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2.
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Parties
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3.
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Arrangement
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4.
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Definitions
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5.
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Area, Incidence & Duration
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Wages & Allowances
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6.
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Rates of pay
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7.
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Payment of wages
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8.
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Allowances - Meals and Motor Vehicles
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9.
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Superannuation
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Contract of Employment
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10.
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Part‑time, job share and casual employment
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11.
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Probationary employment
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12.
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Redundancy
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13.
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Transmission of business
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14.
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Termination of employment
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Holiday & Leave
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15.
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Annual leave
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16.
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Annual leave loading
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17.
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Sick leave
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18.
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Personal/Carer’s leave
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19.
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Bereavement leave
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20.
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Long Service Leave
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21.
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Public holidays
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22.
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Parental leave
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23.
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Jury Service
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Patterns of work
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24.
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Hours
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25.
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Overtime
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Industrial Considerations
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26.
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Anti-discrimination
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27.
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Grievances and industrial disputes procedure
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28.
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Without Prejudice
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29.
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Uniforms and protective clothing
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PART B - MONETARY AMOUNTS
PART C - WORK LEVEL STATEMENTS
4. DEFINITIONS
4.1 "Casual"
means an employee who:
4.1.1 Is one engaged
on an hourly basis other than as a permanent part‑time employee or full‑time
employee or job share employee.
4.1.2 May be engaged
in the following circumstances:
* for periods
where there is a need to supplement the workforce arising from fluctuations in
the needs of the facility; or
* In the place of
another employee who is absent; or
* In an
emergency.
4.2 "Job
Share employee" means a part-time employee who shares a full-time
position.
4.3 "Medical
Typist/Receptionist" means where the principal function of the employment,
as determined by the employer, is of a clerical or administrative nature and is
described in the following levels.
4.4 "Medical
Typist/Receptionist - Levels 1 to 5" means:
4.4.1 Level 1 - At
this level the choice of actions required is clear. The employee applies
knowledge and skills to a limited range of tasks. Usually work will be performed within established routines,
methods and procedures that are predictable, and which may require the exercise
of limited discretion. The employee may work under direct supervision with
regular checking of progress.
4.4.2 Level 2 - At
this level the choice of actions required is usually clear, with limited
complexity in the choice. The employee applies knowledge and skills to a range
of tasks. Work will be performed within established routines, methods and
procedures, which involve the exercise of some discretion and minor
decision-making. The employee may work under routine supervision with
intermittent checking.
4.4.3 Level 3 - At
this level usually work will be performed within routines, methods and
procedures where some discretion and judgment is required. The employee may be
responsible for the work of others and may be required to co-ordinate such
work. Employee applies knowledge with depth in some areas and a broad range of
skills. The employee may work under limited supervision with checking related
to overall progress.
4.4.4 Level 4 - At
this level applies knowledge with depth in some areas and a broad range of
skills. There is a wide range of tasks, and the range and choice of actions
required will usually be complex. Responsibility for the organisation of the
work of others may be involved. Competencies are usually applied within
routines, methods and procedures where discretion and judgment is required, for
both self and others. The employee may required to work without supervision,
with general guidance on progress and outcomes sought.
4.4.5 Level 5 - At
this level the employee applies knowledge with substantial depth in some areas,
and a range of skills which may be varied or highly specific. An employee at
this level applies knowledge and skills independently and non-routinely.
Judgment and initiative are required. The employee may receive assistance with
specific problems. The employee may be supervised by professional staff and may
be responsible for the planning and management of the work of others.
4.5 "Medical
Imaging & Radiation Technologist" means Radiographer, Nuclear Medicine
Technologists, Radiotherapists, Ultrasonographer.
4.6 "Medical
Imaging & Radiation Technologists ‑ Levels 1 to 6" means:
4.6.1 Level 1 -
Professional Development Year - A person appointed at this level would have
completed training at a tertiary institution or be accredited as a radiographer
or nuclear medicine technologist or radiotherapist by a relevant body in the
appropriate jurisdiction. This is the first year of work after completion of
studies and it forms part of final assessment. Employees at this level may be
competent in performing routine procedures but would require on the job
training and supervision in all aspects of workflow, work quality and
administrative tasks. A licence in the appropriate jurisdiction must be held.
4.6.2 Level 2 - A
person appointed to this level will have completed training in his/her Professional
Development Year and is competent in performing routine procedures. Employees at this level require further
on-the-job training relative to some examinations or procedures performed
infrequently. Although persons at this
level are under general instruction from their immediate supervisor, they are
expected to have begun managing their workflow and work quality, be aware of
the importance of patient satisfaction, and will liaise productively with other
members of staff. It is anticipated that a person at this level may have begun
training in subspecialties.
4.6.2.1 Level
2.1 - Ultrasound - A person at this level who has begun training in ultrasound,
as a Radiographer or Nuclear Medicine Technologist will be undertaking training
to perform routine ultrasound procedures. Such training will include on-the-job
instruction in technique and protocols by the employer in relation to these
tasks and will require constant supervision of the employee. It is envisaged
that when the employee commences training at this level he/she may not yet be
enrolled in the Diploma of Medical Ultrasound (DMU) or equivalent tertiary
studies, however, he/she will be expected to work towards this qualification.
4.6.2.2 Level
2.2 - Magnetic Resonance Imaging (MRI) - A person at this level who has begun
training in MRI would be a Radiographer who is training to perform routine
procedures in this subspecialty. Such employee will require on the job
instruction in technique and protocols by the employer in relation to these
tasks and will require constant supervision. It is envisaged that when the
employee begins training at this level he/she may not be enrolled in
post-graduate tertiary studies but should enrol in the Australian Institute of
Radiographers (AIR) accreditation program and begin working towards Level 1
Accreditation as a matter of course.
4.6.3 Level 3 - A
person appointed to this level would be an experienced employee who would be
required to work under only general directions from their supervisor and be
capable of performing complex and difficult examinations. Such employee will
effectively manage examination quality of routine procedures, workflow and
patient satisfaction and will liaise effectively with all other staff members.
A person at this level may be training in subspecialties.
4.6.3.1 Level
3.1 - Ultrasound - A person at this level, training in ultrasound, should have
commenced the Diploma of Medical Ultrasound (DMU) or the first year of
equivalent tertiary studies or be registered in the appropriate jurisdiction as
a qualified sonographer. The employee will be working towards managing
examination quality of routine ultrasound procedures, workflow and patient
satisfaction and will work under general directions from his/her
supervisor. Such employee will also
demonstrate a willingness to learn and perform more complex and difficult
techniques and procedures under the supervision of appropriately qualified
staff and will work with relevant personnel to ensure compliance with
ultrasound accreditation processes for the practice.
4.6.3.2 Level
3.2 - Magnetic Resonance Imaging (MRI) - A person at this level, training in
MRI, should have commenced their Master of Health Science program or a program
of equivalent tertiary studies in MRI.
An employee at this level may have attained Level 1 accreditation in MRI
from the Australian Institute of Radiographers (AIR) or be working towards this
level. The employee should be working towards managing examination quality of
routine MRI procedures, workflow and patient satisfaction and will work under
general directions from his/her supervisor. Such employee will also demonstrate
a willingness to learn and perform more complex and difficult techniques and
procedures under the supervision of appropriately qualified staff and will work
with relevant personnel to ensure compliance with the MRI accreditation
processes for the practice.
4.6.4. Level 4 - A
person appointed to this level may be in charge of a section of a large,
multi-modality practice. It is envisaged that a person at this level would have
been trained in areas of subspecialisation. An employee at this level will
usually be required to supervise examinations performed by less experienced
staff while, as a senior staff member, would be required to assist in the
administrative functions of the practice and provide relief cover when
necessary. Such employee will work
co-operatively and productively with all other members of staff.
4.6.4.1 Level
4.1 - Ultrasound - A person at this level, trained in ultrasound, should have
successfully completed their Diploma of Medical Ultrasound (DMU) or equivalent
tertiary studies or be registered in the appropriate jurisdiction as a
qualified sonographer. Such employee will effectively manage examination
quality of all ultrasound examinations including more complex and less
frequently performed examinations, workflow and patient satisfaction and will
work under general instructions from their supervisor in these areas. It is expected
that such employee will work with relevant personnel to ensure compliance with
the ultrasound accreditation processes for the practice.
4.6.4.2 Level
4.2 - Magnetic Resonance Imaging (MRI) - A person at this level, trained in
MRI, should have successfully completed his/her Master of Health Science
program or equivalent tertiary studies in MRI as well as the Certificate of
Specialisation in MRI. Person’s at this level should be accredited with the
Australian Institute of Radiographers (AIR) at Level 1 and be working towards
Level 2 accreditation. Employees will effectively manage examination quality of
all MRI examinations, workflow and patient satisfaction and will work under
general instructions from their supervisor in these areas. They will work with
relevant personnel to ensure compliance with the MRI accreditation process for
the practice.
4.6.5 Level 5 - A
person appointed to this level will be in charge of a section of a large,
multi-modality practice or in charge of a smaller practice. A person at this level will be required to
supervise examinations performed by less experienced staff. Such employee would be required to assist in
the administrative functions of the practice and in planning the workload and
throughput of the practice. The employee
may receive direction from the Chief Radiographer or Chief Nuclear Medicine
Technician, where appointed, or directly from the radiologist/physician or
manager supervising the practice. Such employee will work co-operatively and
productively with all other members of staff.
It is a requirement that such employee would have the necessary
experience and qualifications to effectively manage his/her section or the
practice.
4.6.5.1 Level
5.1 -Ultrasound - A person at this level, trained in ultrasound, will have
successfully completed their Diploma of Medical Ultrasound (DMU), or equivalent
tertiary studies, or be registered in the appropriate jurisdiction as a
qualified sonographer. The employee will supervise staff training in ultrasound
and be experienced in and have demonstrated competence in all areas of
ultrasound. The employee may receive direction from the Chief Radiographer,
where appointed, or directly from the radiologist/physician or manager
supervising the practice. Such employee will assist in administrative tasks in
ultrasound and in planning of the rosters, workload and productivity of
ultrasound staff. The employee will ensure patient satisfaction and examination
quality of their work and that of any staff member supervised and will work co-operatively
and productively with all other members of staff. Such employee will ensure
that documents necessary for the continuance of the practice’s ultrasound
accreditation are maintained and kept up-to-date.
4.6.5.2 Level
5.2 - Magnetic Resonance Imaging (MRI) - A person at this level, trained in
MRI, will have successfully completed their Masters in Health Science with a
Certificate of Specialisation in MRI or equivalent tertiary studies and be an
experienced senior MRI operator. A
person at this level will also be accredited with the Australian Institute of
Radiographers (AIR) at Level 2. Such employee will supervise staff training in
MRI and be experienced in and have demonstrated competence in all areas of MRI.
He/she may receive direction from the Chief Radiographer, where appointed, or
directly from the radiologist/physician or manager supervising the
practice. The employee will assist in
administrative tasks in MRI and in planning of the rosters, workload and
productivity of the MRI staff and will ensure patient satisfaction and
examination quality of his/her work and that of any staff member
supervised. Such employee will work
co-operatively and productively with all other members of staff; will take responsibility
for the practice’s MRI accreditation process; and will ensure that documents
necessary for the continuance of the practice’s MRI accreditation are kept
up-to-date and that relevant testing procedures are carried out in a timely
manner.
4.6.6 Level 6 - This
is the level of the most senior employee in the practice who will be
responsible directly to the radiologist/physician or manager supervising the
practice. This level of employment is generally restricted to the larger
multi-modality practice. An employee appointed to this level will supervise and
be responsible for the work and productivity of all other members of staff,
administrative functions of the practice, including accreditation and
compliance requirements, and will be responsible for the effective management
of patient throughput and the staff rosters. It is expected that such employee
will possess the necessary qualifications and experience to manage any practice
in the group including a large multi-modality practice.
4.7 "Nuclear
Medicine Technologist" means a person appointed as such by the employer
and who has obtained an appropriate qualification in nuclear medicine
technology, which is recognised in New South Wales by the Creditation Board of
ANZ Society of Nuclear Medicine or by the appropriate authorities elsewhere in
Australia.
4.8 "Part‑time"
means an employee who is engaged as such and who is required to work less than
an average of 152 ordinary hours per four-week period with a minimum start of
two hours per rostered day.
4.9 "Practice"
means the business entity and not the work locations.
4.10 "Radiographer"
means a person appointed as such by the employer and who has obtained an
appropriate qualification in radiography, which is recognised in New South
Wales by the Australian Institute of Radiographers or by the appropriate
authorities elsewhere in Australia.
4.11 "Radiotherapist"
means a person appointed as such by the employer and who has obtained an
appropriate qualification in radiotherapy, which is recognised in New South
Wales by the Australian Institute of Radiology or by the appropriate
authorities elsewhere in Australia.
4.12 "Technology
Assistant" means an employee appointed to assist the Medical Imaging
Technologists or others in the practice in the performance of their work.
4.13 "Ultrasonographer"
means a person appointed as such by the employer and who has obtained an
appropriate qualification in ultrasonography, which is recognised in New South
Wales by the Australian Society of Ultrasound in Medicine or the Australian Sonographers
Association by the appropriate authorities elsewhere in Australia.
4.14 "Union"
means The Health and Research Employees’ Association of New South Wales.
5. AREA, INCIDENCE
AND DURATION
5.1 This award was
made following a review undertaken under s.19 requirements of the Industrial Relations Act 1996. It will
rescind and replace the Private Medical Imaging and Radiation Technology
(State) Award-1998 published 4 February 2000 (313 IG 302) and all variations
thereof.
5.2 This award
will apply to employers and employees as set out in Clause 2, Parties, of this
award, in the State of New South Wales, excluding the County of
Yancowinna.
5.3 The award will
take effect from the beginning of the first pay period to commence on or after
25 July 2001 and will remain in effect until 30 June 2003.
6. RATES OF PAY
6.1 Minimum rates
of pay for the Classifications defined in this award are set out in Part B -
Monetary Rates of this Award.
6.2 Exemption:
Medical Typists / Receptionists
Except as to the provisions of Clause
9, Superannuation; clause 12, Redundancy;; clause 15, Annual leave; clause 16,
Annual leave loading; clause 17, Sick leave; clause 18, Personal/Carer’s leave;
clause 19, Bereavement leave; clause 20, Long service leave; clause 21, Public
holidays; clause 22, Parental leave;; clause 23, Jury Service; Clause 26,
Anti-Discrimination; and clause 28 Without Prejudice; this award will not apply
to full‑time clerks who are in receipt of a wage in excess of 15% above
the rate of pay for a Medical Typists Receptionist Grade 5. Provided that this
exemption will not apply to an employee whose wage is in excess of 15% above
the rate of pay for Grade 5, if such wage includes overtime payments.
Work Levels The indicative tasks for
the levels of Medical Typists/ Receptionist are set out in Part C of this
Award.
7. PAYMENT OF WAGES
AND PARTICULARS OF SALARY
7.1 Wages and
other payments earned during the pay period will be paid not more than three
working days from the end of the pay period. An employer may pay in cash or be
cheque or electronic transfer or other arrangement by agreement with the
employee.
7.2 Depending on
the employer’s pay period, full‑time employee will be paid weekly,
fortnightly, four weekly, or monthly. Part‑time or casual employees will
be paid weekly or fortnightly.
8. ALLOWANCES - MEALS
AND MOTOR VEHICLES
8.1 Meal
Allowance
An employee who is required to work
more than three hours after his or her rostered time finishes will be supplied
with a meal or paid a meal allowance of $14.00. A further meal or allowance
will be supplied or paid on the completion of each additional four hours'
overtime worked.
8.2 Motor
Vehicle Allowance
Where an employee, by arrangement with
the employer, provides his or her own vehicle for use in connection with the
work the employee will be paid an allowance of $0.51 cents per kilometre
travelled in connection with work.
9. SUPERANNUATION
9.0 Superannuation
is dealt with extensively by the legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act
1992, the Superannuation Industry
(Supervision) Act 1993 and the Superannuation
(Resolution of Complaints) Act 1993. This legislation, as varied from time
to time, governs the superannuation rights and obligations of the parties.
10. PART‑TIME,
JOB SHARE AND CASUAL EMPLOYMENT
10.1 Part-time
10.1.1 Part‑time
employees have full‑time employee entitlements on a pro rata basis.
10.1.2 Part‑time
employees will be paid 1/38th of the rate of pay prescribed in Table 1 Part B
Monetary Rates of this award for each hour worked.
10.1.3 Part‑time
employees may only be engaged on two or more starts per day if such
arrangements are requested by the employee in writing. In case of difficulties
the Union should be consulted.
10.2 Job Share
10.2.1 Job share
employees have full‑time employee entitlements on a pro rata basis.
10.2.2 For job share
employees the ordinary hours of work for the full‑time position will be in
accordance with clause 24 - Hours In terms of responsibility for organising the
job share employee’s coverage of work it shall, in the first instance, be the
primary responsibility of the two job share employees to roster themselves so
that they adequately cover the entire spread of hours.
10.2.3 Where this is
not possible because of ill health or other unexpected emergency, the employer
must be notified as soon as possible of the inability of the job share
employees to cover the entire spread of hours.
10.3 Casual
10.3.1 Casual employees
will be paid 1/38th of the rate of pay prescribed in Table 1 Part B Monetary
Rates of this Award plus a loading of fifteen per cent for each hour worked
with a minimum payment of two hours for each start.
10.3.2 Casual employees
will be paid 1/12th of the ordinary rate as pro rata annual leave. Such payment
will be made on the normal pay day of the employee.
10.3.3 Casual employees
may be engaged by agreement on two or more starts per day.
11. PROBATIONARY
EMPLOYMENT
11.1 Notwithstanding
anything elsewhere contained in this award, an employer may employ an employee
on a probationary basis.
11.2 The period of
probation will be for an initial period of not more than three months provided
that where considered by the employer to be justified, the initial probationary
period may be extended by a further probationary period of not more than three
months. An employee may not be employed on a probationary basis for a period
exceeding six months.
11.3 Notwithstanding
any provision contained elsewhere in this award, the employment of a
probationary employee may be terminated by the employer or the employee upon
the giving of one week’s notice or the payment or forfeiture of one week’s
salary where such notice is not given.
12. REDUNDANCY
12.1 Application -
12.1.1 This clause
shall apply in respect of full-time and part-time employees employed in the
classifications specified in Table 1 of Part B of this Award.
12.1.2 In respect of employers
who employ more than 15 employees immediately prior to the termination of
employment of employees, in the terms of paragraph 12.1.
12.1.3 Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
12.1.4 Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
12.2 Introduction
of Change -
12.2.1. Employer’s Duty
to Notify
12.2.1.1 Where
an employer has made a definite decision to introduce major changes in
production, program, organisation, structure or technology, that are likely to
have significant effects on employees, the employer shall notify the employees
who may be affected by the proposed changes and the union to which they belong.
12.2.1.2 Significant
effects' include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
12.2.2 Employers Duty
to Discuss Change
12.2.2.1 The
employer shall discuss with the employees affected and the union to which they
belong, inter alia, the introduction of the changes referred to in paragraph
12.2.1 of this clause, the effects that changes are likely to have on employees
and measures to avert or mitigate the adverse effects of such changes on
employees, and shall give prompt consideration to matters raised by the
employees and/or the union in relation to the changes.
12.2.2.2 The
discussion shall commence as early as practicable after a definite decision has
been made by the employer to make the changes referred to in paragraph 12.2.1
of this clause.
12.2.2.3 For
the purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong, all relevant information about
the changes, including the nature of the changes proposed, the expected effects
of the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information, the disclosure of which would adversely affect the employer.
12.3 Redundancy -
12.3.1 Discussions
Before Terminations
12.3.1.1 Where an employer has made a definite
decision that the employer no longer wishes the job the employee has been doing
to be done by anyone pursuant to paragraph 12.2.1.1 above, and that decision
may lead to the termination of employment, the employer shall hold discussions
with the employees directly affected and with the union to which they belong.
12.3.1.2 The discussions shall take place as
soon as is practicable after the employer has made a definite decision which
will invoke the provision of paragraph 12.3.1.1 and shall cover, inter alia,
any reasons for the proposed terminations, measures to avoid or minimise the
terminations, and measures to mitigate any adverse effects of any termination
on the employees concerned.
12.3.1.3 For the purposes of the discussions
the employer shall, as soon as is practicable, provide to the employees
concerned and the union to which they belong, all relevant information about
the proposed terminations, including the reasons for the proposed terminations,
the number and categories of employees likely to be affected, and the number of
workers normally employed and the period over which the terminations are likely
to be carried out. Provided that any
employer shall not be required to disclose confidential information, the
disclosure of which would adversely affect the employer.
12.4 Termination
of Employment -
12.4.1 Notice for
Changes in Production, Program, Organisation or Structure
This subclause sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from "production", "program", "organisation" or
"structure", in accordance with subclause 12.2.1.1 above.
12.4.1.1 In order to terminate the employment
of an employee, the employer shall give to the employee the following notice:
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Period of Continuous Service
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Period of Notice
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Less than 1 year
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1
week
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1 year and less than 3 years
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2
weeks
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3 years and less than 5 years
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3
weeks
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5 years and over
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4
weeks
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12.4.1.2 In addition to the notice above, employees
over 45 years of age at the time of the giving of the notice, with not less
than two years' continuous service, shall be entitled to an additional week's
notice.
12.4.1.3 Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that
employment may be terminated by part of the period of notice specified and by
part payment in lieu thereof.
12.4.2 Notice for
Technological Change -
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology", in accordance with subclause 12.2.1.1 above.
12.4.2.1 In order to terminate the employment
of an employee who has been employed by the employer for the preceding 12
months, the employer shall give to the employee three months' notice of
termination.
12.4.2.2 Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that
employment may be terminated by part of the period of notice specified and by
part payment in lieu thereof.
12.4.2.3 The period of notice required by
this subclause to be given shall be deemed to be service with the employer for
the purposes of the Long Service Leave
Act 1955, the Annual Holidays Act
1944, or any Act amending or replacing either of these Acts. provided further
that the right of the employer summarily to dismiss an employee shall not be
prejudiced by the fact that the employee has given notice pursuant to this
paragraph of the termination of employment.
12.4.3 Time Off During
the Notice Period
12.4.3.1 During the period of notice of
termination given by the employer, an employee shall be allowed up to one day's
time off without loss of pay during each week of notice, to a maximum of five
weeks, for the purposes of seeking other employment.
12.4.3.2 If the employee has been allowed
paid leave for more than one day during the notice period for the purpose of
seeking other employment, the employee shall, at the request of the employer,
be required to produce proof of attendance at an interview or the employee
shall not receive payment for the time absent.
For this purpose a statutory declaration will be sufficient
12.4.4 Employee Leaving
During the Notice Period
If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
12.4.5 Statement of
Employment
The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide the
employee with a written statement specifying the period of the employee's
employment and the classification of, or the type of work performed by, the
employee.
12.4.6 Notice to
Centrelink
Where a decision has been made to
terminate the employment of employees, the employer shall notify Centrelink thereof
as soon as possible, giving relevant information including the number and
categories of the employees likely to be affected and the period over which the
terminations are intended to be carried out.
12.4.7 Centrelink
Separation Certificate
The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an "Employment Separation Certificate" in the form required
by Centrelink.
12.4.8 Transfer to
Lower-paid Duties
Where an employee is transferred to lower-paid duties
for reasons as set out in paragraph 12.2.1 above, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee's employment had been terminated, and the employer
may, at the employer's option, make payment in lieu thereof of an amount equal
to the difference between the former ordinary-time rate of pay and the new
ordinary-time rates for the number of weeks of notice still owing.
12.5 Severance Pay
12.5.1 Where the
employment of an employee is to be terminated pursuant to subclause 12.4 of
this clause, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the following severance pay in respect
of a continuous period of service:
12.5.1.1 If an employee is under 45 years of
age, the employer shall pay in accordance with the following scale:
|
Years of Service
|
Entitlement -
|
|
|
Under 45 years of age
|
|
Less that 1 year
|
Nil
|
|
1 year and less that 2 years
|
4
weeks
|
|
2 years and less that 3 years
|
7
weeks
|
|
3 years and less than 4 years
|
10
weeks
|
|
4 years and less than 5 years
|
12
weeks
|
|
5 years and less than 6 years
|
14
weeks
|
|
6 years and over
|
16
weeks
|
12.5.1.2 Where an employee is 45 years of age
or over, the entitlement shall be in accordance with the following scale:
|
Years of Service
|
Entitlement -
|
|
|
45 years of age and over
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5
weeks
|
|
2 years and less than 3 years
|
8.75
weeks
|
|
3 years and less than 4 years
|
12.5
weeks
|
|
4 years and less than 5 years
|
15
weeks
|
|
5 years and less than 6 years
|
17.5
weeks
|
|
6 years and over
|
20
weeks
|
12.5.1.3 "Week's" Pay' means the all-purpose
rate of pay for the employee concerned at the date of termination, and shall
include, in addition to the ordinary rate of pay, over-award payments, shift
penalties and allowances provided for in accordance with this award.
12.5.2 Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in paragraph 12.5.1.
The Commission shall have regard
to such financial and other resources of the employer concerned as the
Commission thinks relevant, and the probable effect paying the amount of
severance pay in paragraph 12.5.1 above will have on the employer.
12.5.3 Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in paragraph 12.5.1
above if the employer obtains acceptable alternative employment for an
employee.
12.6 Saving Clause
Nothing in this clause shall be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
to which an employee may be entitled to under any existing redundancy agreement
between the union and any employer bound by this award.
12.7 Procedures
Relating to Grievances
Grievances relating to individual employees will be
dealt with in accordance with clause 27, Grievance and Industrial Dispute
Procedures of this award.
13. TRANSMISSION OF
BUSINESS
13.0 Where the
business or part of the business is transmitted from one employer to another,
an employee whose employment is transferred from one employer to the other at
the time of the transmission will have the service with both employers deemed
to be continuous. In this sub-clause transmission includes transfer,
conveyance, assignment or succession whether by agreement or by operation of
law and transmitted has a corresponding meaning.
14. TERMINATION OF
EMPLOYMENT
14.1 Employment,
other than of a casual, will be terminated only by appropriate notice on either
side or by the payment by the employer or forfeiture by the employee of wages
in lieu of notice.
14.2 Notice of
termination:
|
Period of continuous service
|
Minimum period of Notice
|
|
1 year or less
|
1
week
|
|
More than 1 year but not more
than 3 years
|
2
weeks
|
|
More than 3 years but not
more than 5 years
|
3
weeks
|
|
More than 5 years
|
4
weeks
|
14.3 Employees with at
least two years’ service aged 45 or older will be given an additional
one-week’s notice.
14.4 Casuals are
to be given and will give notice to the end of the current shift worked.
14.5 The employer
may dismiss an employee at any time for misconduct or wilful disobedience
without notice. Payment is up to the time of dismissal only. Serious misconduct
is where it would be unreasonable to require the employer to continue the
employment during the notice period.
14.6 The employer
will give the employee a statement signed by the employer stating the period of
employment and when the employment was terminated if the employee requests.
15. ANNUAL LEAVE
15.1 All full‑time,
part‑time and job share employees will be entitled to four weeks’ annual
leave after twelve months’ continuous service.
15.2 Employers will
give employees three months’ notice where practicable and in any event not less
than one month’s notice of the date from which annual leave will be taken.
15.3 Full details of
employees’ entitlements to annual leave are contained in the Annual Holidays Act 1944 (NSW).
16. ANNUAL LEAVE
LOADING
16.1 An annual leave
loading of 17.5 per cent is payable upon and in addition to the employee’s
ordinary weekly rate prescribed under Table 1 Part B Monetary Rates of this
award for the period of the annual leave taken, when the employee takes such
leave. Allowances, penalty rates, overtime or any other payments prescribed
under this award are not to be taken into account in calculating the amount on
which the loading is payable.
16.2 No loading is
payable to an employee who takes an annual holiday wholly or partly in advance
during the first year of employment. If the employment of such an employee
continues until the day when he or she would have become entitled under the Act
to an annual holiday, the loading is then paid in respect of the period of such
holiday, After the first year of employment the employee may be paid a wage
rate loaded to include the annual leave loading instead of receiving the
loading when the leave is taken.
17. SICK LEAVE
17. If after three
months’ continuous service with the employer an employee is unable attend for
duty by reason of personal illness or incapacity (not where entitled to payment
under the Workplace Injury Management and Workers
Compensation Act 1998 and the Workers
Compensation Legislation Amendment Act 1998) the employee will be paid for
such non-attendance for up to five days in the first year and up to eight days
in the second or subsequent years of employment. The employee shall, if
required, establish by production of a medical certificate issued by a
registered medical practitioner or statutory declaration, proof of illness
satisfactory to the employer. Untaken sick leave from the date of this award
will accumulate to a maximum of 56 of the employee’s working days.
18. PERSONAL/CARER’S
LEAVE
18.1 Use of Sick
Leave
18.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of person
set out in subparagraph (ii) of paragraph (c), who needs the employee's care
and support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, provided for in clause 17 Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part of a single day.
18.1.2 The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
18.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an adult
child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
"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.
18.1.4 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
18.2 Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in subparagraph (ii) of paragraph (c) of
subclause 18.1.3 who is ill.
18.3 Annual Leave
18.3.1 An employee may
elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
18.3.2 Access to annual
leave, as prescribed in paragraph 18.3.1 of this subclause, shall be exclusive
of any shutdown period provided for elsewhere under this award.
18.3.3 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.
18.4 Time Off in
Lieu of Payment for Overtime
18.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
18.4.2 Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
18.4.3 If, having
elected to take time as leave in accordance with paragraph 18.4.1 of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
18.4.4 Where no
election is made in accordance with the said paragraph 18.4.1 the employee
shall be paid overtime rates in accordance with the award.
18.5 Make-up Time
18.5.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
18.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
19. BEREAVEMENT LEAVE
19.1 An employee,
other than a casual employee, shall be entitled up to three days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause 19.3 of this clause.
19.2 The employee
must notify the employer as soon as practicable of the intention to take bereavement
leave and will, if required by the employer, provide to the satisfaction of the
employer proof of death.
19.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave in sub paragraph (ii) of
paragraph 18.1.3 of clause 18, Personal/Carer’s Leave, provided that for the
purpose of bereavement leave, the employee need not have been responsible for
the care of the person concerned.
19.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
19.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
18.2, 18.3, 18.4 and 18.5 of the said clause 18. In determining such a request,
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the business.
20. LONG SERVICE
LEAVE
20.1 Subject to the Long Service Leave Act 1955 (NSW) all
employees will be entitled to long service leave on the following basis:
20.1.1 An employee who
has completed ten years of service with an employer will be entitled to take
two months’ long service leave, and a further one month for every five years completed
service thereafter.
20.1.2 Upon termination
an employee will be entitled to receive payment for any long service leave
which has fallen due and has not been taken, and in addition shall receive pro
rata payments on the following basis:
20.1.2.1 For
service between ten and fifteen years the employee will be entitled to receive
pro rata long service leave upon termination for any cause on the basis of
three months for fifteen years’ service;
20.1.2.2 An
employee who has completed at least five years’ service as an adult but less
than ten years’ total service and whose services are terminated by the employer
for reasons other than serious and wilful misconduct, or by the employee on
account of illness, incapacity or domestic or other pressing necessity, or by
reason of the death of the employee, will receive pro rata long service leave
on the basis of two months for ten years’ service:
20.2 Full details of
employees’ entitlements to long service leave are contained in the Long Service Leave Act 1955 (NSW).
21. PUBLIC HOLIDAYS
21.1 New Year’s Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s
Birthday, Labour Day, Christmas Day and Boxing Day and any day which may be proclaimed
a public holiday and observed generally throughout the State or another day in
lieu of any of these days are holidays under this award.
21.2 Employees other
than casuals who would otherwise have worked on that day will be entitled to
the holiday without loss of pay. In addition to such payment, an employee who
works on that day will receive payment at the rate of time and a half for all
time worked.
21.3 Time off in
lieu may be taken for time worked on a public holiday on a time for time basis at
a time mutually convenient to the employee and the employer.
22. PARENTAL LEAVE
22.1 Parental
Leave Eligibility
22.1.1 Eligibility - To
be eligible for Parental Leave an employee must have completed at least 52
weeks' continuous service:
* prior to the
expected date of birth for maternity or paternity leave; and
* prior to the
date of taking custody of a child for adoption leave;
as a full-time,
part-time or job-share employee as specified.
This entitlement shall also apply to a casual employee who has worked on
a regular and systematic basis for an employer for more than two years.
An employee who has once met the conditions for
parental leave will not be required to work again the 40 weeks' continuous
service in order to quality for a further period of 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 his/her services have been
other wise 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 or
paternity leave without pay, adoption leave without pay, or leave without pay
associated with an illness or injury compensible under the Workers' Compensation Act 1987.
22.2 Maternity
Leave
22.2.1 Entitlement - An
employee is entitled to a period of unpaid maternity leave of not more than 12
months after the actual date of birth.
22.2.2 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.
22.2.3 Variation after
Commencement of Leave - After commencing maternity leave an employee is
entitled to 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 4
weeks' 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 65 of the Industrial
Relations Act, 1996.
22.2.4 Staffing
Provisions - In accordance with obligations established by the Industrial Relations Act 1996 (S.69), any
person who occupies the position of an employee on maternity leave must be
informed that the employee has the right to return to her former position.
Additionally, since an employee has the right to vary the period of her
maternity leave, offers of temporary employment shall be in writing, stating
clearly the temporary nature of the contract of employment. The duration of
employment shall also be set down clearly: to a fixed date or until the
employee elects to return to duty, whichever occurs first.
22.2.5 Effect of
Maternity Leave on Accrual of Leave, Increments, etc. - 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.
22.2.6 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.
22.2.7 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 perform satisfactorily. 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.
22.2.8 Miscarriages -
In the event of a miscarriage any absence from work is to be covered by the
sick leave provisions.
22.2.9 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.
22.2.10 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.
22.2.11 Right to return to Previous Position - 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.
22.2.12 Return for Less Than Full-Hours - Employees on
application to their employer shall be entitled
to return to duty for less than the
full-time hours they previously worked by taking weekly leave without pay. such
return to work is to be according to the following principles:
the period is to be limited to 12 months, after which
full-time duties must be resumed;
the employee is to make an application for leave
without pay to reduce her full-time hours of work. This application should be
made as early as possible to enable the employer to make suitable staffing
arrangements. At least four weeks' notice must be given;
salary and other conditions of
employment are to be adjusted on a basis proportionate to the employee's
full-time hours of work; i.e. for long service leave the period of service is
to be converted to the full-time equivalent, and credited accordingly.
It should be noted that employees who return from
maternity leave under this arrangement remain full-time employees.
22.2.13 Further Pregnancy while on Maternity Leave - Where an
employee becomes pregnant whilst on maternity leave, a further period of
maternity leave may be granted. Should this second period of maternity leave
commence during the currency of the existing period of maternity leave, then
any residual maternity leave from the existing entitlement lapses.
22.3 Adoption
Leave
22.3.1 Entitlement -
Eligible employees are entitled to unpaid adoption leave as follows:
(a) where the
child is under the age of 12 months - a period of not more than 12 months from
the date of taking custody;
(b) 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.
22.3.2 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.
22.3.3 Variation after
Commencement of Leave - After commencing adoption leave an employee has the
right to vary the period of leave; once without consent of the employer and
other wise with the consent of the employer. A minimum of four weeks' notice
must be given, although an employer may accept less notice if convenient.
22.3.4 Staffing
Provisions - As per maternity leave conditions.
22.3.5 Effect of
Adoption Leave on Accrual of Leave, Increments, etc - As per maternity leave conditions.
22.3.6 Return for Less
than Full-time Hours - As per maternity leave conditions.
22.3.7 Liability for
Superannuation Contributions - During a period of unpaid maternity leave or
unpaid adoption leave, the employee will not be required to meet the employer's
superannuation liability.
22.3.8 Part-time
employees as defined in clause 10, Part-time, Job Share and Casual Employment,
are covered by this clause.
22.4 Paternity
Leave
22.4.1 Entitlement -
Eligible employees are entitled to unpaid paternity leave as follows:
A period of up to 12 months, such period to be agreed
upon by both the employee and the employer.
22.4.2 Applications -
Employees should formally notify the employer as early as practicable of the
intention to take paternity leave.
22.4.3 Variation after
Commencement of Leave - After commencing paternity leave an employee is
entitled to vary the period of leave; once without consent of the employer and
otherwise with the consent of the employer. A minimum of four weeks' notice
must be given, although an employer may accept less notice if convenient.
22.4.4 Staffing
Provisions - As per maternity leave conditions.
22.4.5 Effect of
Paternity Leave on Accrual of Leave, Increments, etc - As per maternity leave
conditions.
22.4.6 Return for Less
than Full-time Hours - As per maternity leave conditions.
22.4.7 Liability for
Superannuation Contributions - During a period of unpaid maternity leave,
unpaid adoption leave or paternity leave, the employee will not be required to
meet the employer's superannuation liability.
22.4.8 Part-time
employees as defined in clause 10, Part-time, Job Share and Casual Employment,
are covered by this clause.
23. JURY SERVICE
23.1 An employee other
than a casual employee required to attend for jury service during their
ordinary working hours will be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of their attendance for such
jury service and the amount of the wages they would have received in respect of
the time they would have worked had they not been on jury service.
23.2 An employee
must notify the employer as soon as possible for the date upon which they are
required to attend for jury service.
23.3 Further, the
employee must give the employer proof of attendance, the duration of such
attendance and the amount paid in respect of such jury service.
24. HOURS
24.1 Hours of work
will be rostered to establish nominal starting and finishing times for
employees. The ordinary working hours, exclusive of meal times, will not exceed
an average of 152 hours per four-week period.
24.2 Consultation is
to occur on the method of implementation of the ordinary working hours.
However, the final choice as to the method of implementation rests with the
employer. Circumstances may arise where different methods of implementation of
the ordinary working hours may apply to individual employees or various groups
or sections of employees in the establishment.
24.3 Ordinary hours
for full‑time or part‑time employees will be between 7.00am to
9.00pm Monday to Friday, and between 8.00am and l.00pm on Saturday. Ordinary
hours worked by full‑time or part‑time employees between 8.00am and
l.00pm on Saturdays will be paid at the rate of time and a half. Hours worked
by full‑time and part‑time employees outside these times attract
overtime rates in accordance with clause 25- Overtime of this Award.
24.4 Where a work
location of a practice services patients on a seven day a week basis the
ordinary hours of full-time and part-time employees at that work location will
be between 7am and 9pm on such days; where such work is undertaken on a
Saturday it will be paid at the rate of time and a quarter; on Sunday it will
be paid at the rate of time and a half. Hours worked by full-time and part-time
employees at such locations before 7am or after 9pm on any day will attract
overtime rates in accordance with clause 25, Overtime of this Award.
24.5 An unpaid break
of not less than 30 minutes and not more than one hour will be allowed for a
meal within five hours of commencement. This provision may be varied by
agreement between the employer and an individual employee.
24.6 Where work is
required urgently the unpaid meal break may be deferred, and must be taken as
soon as practicable.
24.7 Up to two paid
tea breaks of up to ten minutes duration may be allowed each day for full‑time
employees. The time of taking such break(s) is subject to the workload of the
practice.
25. OVERTIME
25.1 A full‑time
employee who on any given day works outside the ordinary rostered hours of his
or her employment for a period of less than 30 minutes, shall be entitled to an
equivalent amount of time off work, at a time mutually convenient to the
employee and the employer.
25.2 A full‑time
employee who on any given day works outside the ordinary rostered hours of his
or her employment for period in excess of 30 minutes, will be entitled to
receive overtime payment at the rate of time and a half for the first two hours
and double time thereafter. In lieu of overtime payment an employee may elect
to take time off work at a time mutually convenient to the employee and the
employer. The hourly rate for overtime will be calculated by dividing the
weekly rate by 38.
25.3 A part‑time
employee who on any given day works outside the ordinary rostered hours of full‑time
employees employed in a similar position for a period of less than 30 minutes, will
be entitled to elect to take either an equivalent amount of time off work at a
time mutually convenient to the employee and the employer or payment in
accordance with subclause 25.5 of this award.
25.4 A part‑time
employee who on any given day works outside the ordinary rostered hours of full‑time
employees employed in a similar position for a period in excess of 30 minutes,
will be entitled to receive overtime payment at the rate of time and a half for
the first two hours and double time thereafter. In lieu of overtime payment an
employee may elect to take time off work at a time mutually convenient to the
employee and the employer. The hourly rate for overtime will be calculated by
dividing the weekly rate by 38.
25.5 A part‑time
employee who by agreement with the employer works beyond his or her ordinary
rostered hours, or on days on when he or she does not usually work will be paid
at ordinary rates of pay subject to subclauses (4.8), (24.1), (24.2), (25.3)
and (25.4) of this award.
25.6 A job share
employee will not receive overtime payments for any time worked within the
rostered ordinary hours for the shared job.
25.7 For work done
by a casual employee in excess of an average of 38 hours in a week the rate of
pay will be time and a half for the first two hours and double time thereafter.
Overtime for such employee will be calculated on a pay period basis.
25.8 An employee who
is recalled to work overtime after leaving the employer’s premises will be paid
at the rate of time and a half for the first two hours and double time
thereafter for the time taken to perform the work required and for the time
taken in travelling to and from the employer’s premises subject to a maximum of
fifteen minutes travel each way.
25.9 An employee who
is recalled to work overtime after leaving the employer’s premises will be paid
for a minimum of two hours’ work including travelling time.
25.10 An employee who
is recalled to work overtime after leaving the employer’s premises will also be
entitled to payment of reasonable travelling expenses incurred.
26.
ANTI-DISCRIMINATION
26.1 It is intention
of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act,
1996 to prevent and eliminate discrimination in the workplace. This includes
discrimination on the grounds of race, sex, marital status, disability,
homosexuality, transgender identity, carer, and age.
26.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
26.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
26.4 Nothing in
this clause is to be taken to affect:
26.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
26.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
26.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
26.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
26.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section b56(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.
27. GRIEVANCE AND
INDUSTRIAL DISPUTES PROCEDURES
27.1 Grievance
procedure
27.1.1 In the first
instance the employee is to discuss any problem or concern with the immediate
supervisor who will endeavour to resolve the issue expeditiously.
27.1.2 Any unresolved
matter will be referred by the employee to a designated person after the
employee notifies the immediate supervisor. The immediate supervisor will also
attend the conference organised by the designated person to discuss the matter.
27.1.3 Should the
matter remain unresolved, appropriate assistance should be sought from the
Practice Manager or other nominated representative(s) of the employer.
27.1.4 In the event of
no agreement being reached, the matter will be referred to the Partners or
their nominee(s).
27.1.5 Where the matter
involves either party seeking to change an existing agreement or practice, the
parties will endeavour to identify and agree on what was the status quo, which
will then continue to prevail until the parties have exhausted all steps in the
above procedure.
27.2 Industrial
disputes procedure
27.2.1 The employee and
the employer will confer with a view to resolving all industrial disputes by
direct negotiation and consultation. All disputes will be dealt with in the
following manner so as to ensure the orderly settlement of the matters in
question.
27.2.2 Any industrial
dispute which arises will, where possible, be settled by discussion on the job
between the employee and the employee’s immediate supervisor in accordance with
the grievance procedure.
27.2.3 If the matter is
not resolved, the matter will be further discussed between the affected
employee, the employee’s nominated representative (who may be a Union
representative) and the supervisor or manager of the relevant section or
department, and the assistance of the employer’s industrial relations
representative will be sought.
27.2.4 If no agreement
is reached, the employee’s nominated representative will discuss the matter
with the employer’s industrial relations representative.
27.2.5 In the interest of patient care work will continue normally. No
party will be prejudiced as to the final settlement by the continuance of work
in accordance with the procedures.
27.2.6 Should the
matter still not be resolved it may be referred by the parties to the Industrial
Relations Commission of NSW for conciliation.
28. WITHOUT PREJUDICE
28.0 This award
shall not operate to cause an employee to suffer a reduction in ordinary time
earnings or departure from standards in regard to hours of work, Annual Leave
or Long Service Leave.
29. UNIFORMS AND
PROTECTIVE CLOTHING
29.0 Uniforms if
required and protective clothing if necessary will be supplied by the employer.
PART B - MONETARY RATES
Table 1 - Salaries
|
|
At Commencement
|
1 September 2001
|
1 July
|
|
Monetary Amount
|
of Award
|
(4%)
|
2002
(4%)
|
|
Wages (Refer Clause 6)
|
Per Week
$
|
Per Week
$
|
Per Week
$
|
|
Medical Imaging
& Radiation
|
|
|
|
|
Technologist
|
|
|
|
|
Level 1 - Prof. Development Year
|
562.70
|
585.20
|
608.60
|
|
Level 2
|
|
|
|
|
2.1 Ultrasound and 2.2-MRI
|
659.70
|
686.10
|
713.50
|
|
Level 3
|
|
|
|
|
3.1 Ultrasound and 3.2- MRI
|
750.20
|
780.20
|
811.40
|
|
Level 4
|
|
|
|
|
4.1 Ultrasound and 4.2-MRI
|
819.40
|
852.20
|
886.30
|
|
Level 5
|
|
|
|
|
5.1 Ultrasound and 5.2-MRI
|
880.20
|
915.40
|
952.00
|
|
Level 6
|
1,049.00
|
1,091.00
|
1,134.60
|
|
Technology
Assistant
|
407.20
|
423.50
|
440.40
|
|
Medical Typist /
Receptionist
|
|
|
|
|
Under 17 years of age
|
181.30
|
188.60
|
196.10
|
|
At 17 years of age
|
227.00
|
236.00
|
245.50
|
|
At 18 years of age
|
278.20
|
289.30
|
300.90
|
|
At 19 years of age
|
315.50
|
320.10
|
328.10
|
|
At 20 years of age
|
371.20
|
386.10
|
401.50
|
|
Stenographers
|
|
|
|
|
At 17 years of age
|
241.60
|
251.20
|
261.30
|
|
At 18 years of age
|
298.50
|
302.50
|
314.60
|
|
At 19 years of age
|
341.20
|
354.80
|
369.00
|
|
At 20 years of age
|
402.80
|
418.90
|
435.60
|
|
Level 1
|
452.60
|
470.70
|
489.50
|
|
Level 2
|
473.50
|
492.40
|
512.10
|
|
Level 3
|
507.20
|
527.50
|
548.60
|
|
Level 4
|
548.90
|
570.90
|
593.70
|
|
Level 5
|
609.50
|
633.90
|
659.20
|
The hourly rates may be arrived at be dividing the
applicable award rate per week by 38.
Table 2 - Translation
Table-Medical Imaging & Radiation Technologists only
|
Former Award structure
|
New award structure
|
|
Level 1 - 1st year
|
Level 1 - Prof.Development Year
|
|
Level 1 - 2nd & 3rd years
|
Level 2.1 and 2.2
|
|
Level 1 - 4th
& 5th years
|
Level 3.1 and 3.2
|
|
Level 2
|
Level 4.1 and 4.2
|
|
Level 3
|
Level 5.1 and 5.2
|
|
Level 4
|
Level 6
|
PART C
WORK LEVEL STATEMENT FOR MEDICAL TYPISTS/ RECEPTIONISTS
The work level statements for Medical Typists/Receptionists are
not the sole determining requirements of an employee’s level. The definitions
of the levels are to be considered in conjunction with, the following work
level statements. The employer will "best fit" an employee into a
level in relation to the employees overall duties.
|
UNIT INFORMATION HANDLING
|
|
Level 1
Element
|
Level 2
Element
|
Level 3
Element
|
Level 4
Element
|
Level 5
Element
|
|
1. Receive and
distribute incoming
mail
2. Receive and
dispatch outgoing mail
3. Collate and dispatch
documents for bulk mailing
4. File and retrieve
documents
|
1. Update and
modify existing
practice records
2. Remove inactive
files
3. Copy data onto
standard forms
|
1. Prepare new files
2. Identify and
process inactive
files
3. Record
documentation
movements
|
1. Categorises files
2. Ensure efficient
distribution of
files and records
3. Maintain security of filing system
4. Train others in
the operation of
the filing system
5. Compile report
6.Identify information
source(s) inside
and outside the
organisation
|
1. Implement
new/improved
system
2. Update incoming
publications
3. Circulate
publications
4. Identify
information
source(s) inside
and outside the
organisation
|
|
UNIT COMMUNICATION
|
|
Grade 1
|
Grade 2
|
Grade 3
|
Grade 4
|
Grade 5
|
|
1. Receive & relay oral and written messages
2. Complete simple
forms
|
1. Respond to
incoming
telephone calls
2. Make telephone
calls
3. Draft simple
correspondence
|
1. Respond to
telephone, oral
and written
requests for
information
2. Draft routine
correspondence
3. Handle sensitive
inquiries with tact
and discretion
|
1. Receive and
process a request
for information
2. Identify
information
source(s)
3. Compose report
/correspondence
|
1 Obtain data from
external sources
2. Produce report
3. Identify need for documents
and/or research
|
|
UNIT PRACTICE
|
|
Level 1
|
Level 2
|
Level 3
|
Level 4
|
Level 5
|
|
1. Identify key
functions and
personnel
2. Apply office
procedures
|
1. Provide
information from
own function area
2. Re-direct
inquiries and/or
take appropriate
follow-up action
3. Greet visitors
and attend to
their needs
|
1. Clarify specific
needs of client/other
employee
2. Provide information
and advice
3. Follow-up on
client/employee
needs
4. Clarify the nature of a verbal message
5. Identify options for resolution and act accordingly
|
1. Provide information
on current service
provision and
resource allocation
within area of
responsibility
2. Identify trends in
patient requirements
|
1. Assist with the
development of
options for future
strategies
2. Assist with planning to match future requirements with
resource allocation
|
|
UNIT TECHNOLOGY
|
|
Level 1
|
Level 2
|
Level 3
|
Level 4
|
Level 5
|
|
1. Operate office
equipment
appropriate to
the tasks to be completed
2. Open computer
file, retrieve and
copy data
3. Close file
|
1. Operate
equipment
2. Identify and/or
rectify minor
faults in equipment
3. Edit and save
information
4. Produce
document from
written text using
standard format
5. Shutdown
equipment
|
1. Maintain
equipment
2. Train others in
the use of office
equipment
3. Select
appropriate
media
4. Establish
document
structure
5. Produce
documents
|
1. Maintain storage
media
2. Devise and
maintain filing
system
3. Set printer for
document
requirements
when various set-
ups are available
4. Design document
format
5. Assist and train
network users
6. Shutdown
network
equipment
|
1. Establish and maintain a small network
2. Identify document requirements
3. Determine presentation and format of document and
produce it
|
|
UNIT ORGANISATIONAL
|
|
Level 1
|
Level 2
|
Level 3
|
Level 4
|
Level 5
|
|
1. Plan and
organise a
personal daily
work routine
|
1. Organise own
work schedule
2. Know roles and
functions of
other employees
|
1. Co-ordinate own
work routine with
others
2. Make and record
appointments on
behalf of others
3. Make travel and
accommodation
bookings in line
with given
itinerary
|
1. Manage diary on
behalf of others
2. Assist with
appointment
preparation and
follow up for
others
3. Organise
business
itinerary
4. Make meeting
arrangements
5. Record Minutes
of meeting
6. Identify credit
facilities
7. Prepare content
of documentation
for meetings
|
1. Organise
meetings
2. Plan and
organise
conference
|
|
UNIT TEAM
|
|
Level 1
|
Level 2
|
Level 3
|
Level 4
|
Level 5
|
|
1. Complete
allocated tasks
|
1. Participate in
identifying tasks
for team
2. Prepare
statements for
debtors
3. Assist others to
complete tasks
|
1. Clarify tasks to
achieve group
goal
2. Negotiate
allocation of
tasks
3. Monitor own
completion of
allocated tasks
|
1. Plan work for the
team
2. Allocate tasks to
members of the
team
3. Provide training
for team
members
|
1. Draft job vacancy
advertisement
2. Assist in the
selection of staff
3. Plan and allocate
work for the team
4. Monitor team
performance
5. Organise training
for team
|
|
UNIT BUSINESS FINANCIAL
|
|
Level 1
|
Level 2
|
Level 3
|
Level 4
|
Level 5
|
|
1. Record petty
cash transactions
2. Prepare banking
documents
3. Prepare business
source documents
|
1. Reconcile
invoices for
payments to
creditors
2. Prepare
statements for
debtors
3. Enter payment
summaries into
journals
4. Post journals to
ledger
|
1. Reconcile
accounts to
balance
2. Prepare bank
reconciliations
3. Document and
lodge takings at
bank
4. Receive and
document
payment/takings
5. Dispatch
statements to
debtors
6. Follow up and
record
outstanding accounts
7. Dispatch
payments to
creditors
8. Maintain stock
control records
|
1. Prepare financial
reports
2. Draft financial
forecasts/budgets
3. Undertake and
document costing
procedures
|
1. Administer PAYE
salary records
2. Process payment
of wages and
salaries
3. Prepare payroll
data
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
J. P.
GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.