Care Worker Employees - Department of Family and Community Services - Ageing Disability and Home Care (State) Award 2015

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Department of Family and Community Services.

 

(No. IRC 505 of 2015)

 

 

AWARD

 

Part A

 

MACHINERY OF AGREEMENT

 

1.         Arrangement

 

Clause No.         Subject Matter

 

PART A

 

MACHINERY OF AGREEMENT

 

1.         Arrangement

2.         Title

3.         Application

4.         Area, Incident and Duration

5.         Future Awards

5A.      No Extra Claims

6.         Definitions

7.         Grievance/Dispute Settling Procedures

8.         Consultation

 

PART B

 

EMPLOYMENT CONDITIONS

 

9.         Contract of Employment

10.       Conversion to Permanent Employment

11.       Contract Hours

12.       Hours of Work

13.       Distribution of Hours

14.       Self-Rostering

15.       Gradings and Advancement

16.       Higher Duties/Multi-skilling

17.       Motor Vehicle Insurance

18.       Fixed Term Contracts

19.       On Call

20.       Client Cancellation

21.       Termination, Change & Redundancy Provisions

 

 

 

PART C

 

REMUNERATION

 

22.       Payment of Wages

23.       Time and Wages

24.       Penalty Rates for Ordinary Time and Weekends

25.       Overtime

26.       Public Holidays

27.       Additional Payments and Allowances

28.       Payment for Paperwork

29.       Work Clothes

30.       Superannuation

31.       Occupational Health and Safety

32.       Workers Compensation and Make-up Pay

 

PART D

 

LEAVE PROVISIONS

 

33.       Annual leave

34.       Sick leave

35.       Personal Carers Leave

36.       Parental Leave

37.       Other Leave

 

PART E

 

TRAINING

 

38.       Training Program

39.       Regular Staff Meetings

40.       English Tuition Training

41.       Paid Union Training

 

PART F

 

LIVE-IN HOUSEKEEPER

 

42.       Live-in Housekeeper

 

PART G

 

OTHER

 

43.       Assistance in Dispute Resolution

44.       Time and Wages Record

45.       Anti-Discrimination

 

PART H

 

ANTI-DISCRIMINATION

 

PART I

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Other rates and Allowances

 

APPENDICES

 

Appendix A - Availability Register Form

Appendix B - Higher duties/Multi-skilling Agreement

Appendix C - Fixed Term Contract

Appendix D - Care Worker Self Rostering checklist

Appendix E - Guidelines for initiating changes to client service

Appendix F - Guidelines for grading care work

 

2.         Title

 

This Award shall be known as the, Care Worker Employees - Department of Family and Community Services - Ageing Disability and Home Care (State) Award 2015.

 

3.         Application

 

This Award was negotiated between the Director Public Employment, Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services and United Voice - NSW Branch.

 

4.         Area, Incidence and Duration

 

This Award shall apply to persons employed in the classifications contained in Part I, Monetary Rates - Table 1 Salaries.

 

This award rescinds and replaces the Care Worker Employees - Department of Family and Community Services - Ageing Disability and Home Care (State) Award 2014,  published 31 October 2014 (376 I.G. 1103), and all variations thereof.

 

This award is to become operative from the first full pay period to commence on or after 1 September 2015 and will expire on 31 August 2016.

 

5.         Future Awards

 

The parties agree that they will commence negotiations for the next Award to achieve improved performance of  Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services not less than six (6) months prior to the Agreement expiring.

 

5A.      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 NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to employees covered by the Award that take effect prior to 31 August 2016 by a party to this Award.

 

6.         Definitions

 

"Award" - means the Care Worker Employees - Family and Community Services - Ageing Disability and Home Care (State) Award 2014.

 

"Casual employee" - means an employee engaged by the hour and paid as such and who works less than 20 hours per fortnight. Where a casual employee works above 20 hours per fortnight it is to be for temporary and relief purposes only.

 

"Competency Assessor" - An employee called upon by the employer to undertake the role of a Workplace Competency Assessor and any other role associated with the Care Workers Professional Development Program.

 

"Domestic Assistance Duties" - refers to assistance with domestic chores, including assistance with cleaning, dishwashing, clothes washing and ironing, shopping and bill paying and meal preparation where this is one component of the overall occasion of service.

 

"Employer" - means the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services .

 

"Employee" - means a person employed by the Home Care Service Division within the scope of this Award.

 

"Engagement" - means time on the job with the client(s), joined by the time taken to travel between clients, meal breaks, crib breaks and rest periods. Typically, this will be a series of tasks one after another.

 

"Family" - includes traditional family relationships, non traditional relationships and culturally based equivalents.

 

"Fixed Term Contract" - means an employee who has been employed specifically for a fixed term of employment.

 

"Full-time Employee" - means any employee who is regularly rostered to work between 70-76 hours per fortnight.

 

"Overnight Care" - means care to clients overnight where the employee receives reasonable rest periods during the night.

 

"Part-time Employee" - means any employee who is regularly rostered to work less than 70 hours per fortnight but no less than 30 hours or more per fortnight. Provided that the minimum part-time hours shall be no less than 20 hours per fortnight during the transition arrangements period of this Award or where such employees meet the criteria identified at clause 7(i) of the Memorandum of Understanding between the LHMU and DADHC dated 27 May 2009.

 

"Permanent Relief Care Worker - means a Care Worker employee specifically employed to undertake relief task resulting from planned and unplanned Care Worker leave. Relief Care Workers are appointed as such and provide the full range of Home Care services to clients.

 

"Presenter" - means an employee designated by the Branch to prepare and present Branch based training programs to groups of employee’s as distinct from one on one "on the job" training.

 

"Service" - means the Home Care Service of New South Wales.

 

"Task" - means the smallest discrete unit of an engagement.  Examples of tasks may include; an incident of travel time, a specific client service, or a meal break.  A client receiving 2 hours of service, 1 hour of housework and 1 hour of personal care, as 2 tasks - one for each service type.

 

"The parties" - means the Union and the Department.

 

"Union" - means United Voice - NSW Branch. (UV).

 

7.         Grievance/Dispute Settling Procedures

 

i.           All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduate steps for further attempts at resolution at higher levels of authority within the  Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services, if required.

 

ii.          An employee is required to notify in writing their immediate supervisor, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

iii.         Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act, 1977) that makes it impractical for the employee to advise their immediate supervisor, the notification may occur to the next appropriate level of management, including where required, to the Director General, Department of Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services or delegate.

 

iv.        The immediate supervisor, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

v.         If the matter remains unresolved with the immediate supervisor, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) working days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the Area or Regional Manager.

 

vi.        The Area or Regional Manager may refer the matter to the Regional Director for consideration.

 

vii.       If the matter remains unresolved, the Area or Regional Manager shall provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

viii.      An employee, at any stage, may request to be represented by their union.

 

ix.        Not withstanding the above, either party may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures. The decision of the New South Wales Industrial Relations Commission must be accepted by the parties, subject to any appeal availability.

 

x.         Whilst the procedures outlined in the subclauses (i) to (ix) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

8.         Consultation

 

If, during the course of this Award, the employer requires employees covered by this Award to undertake tasks outside the parameters normally and reasonably prescribed by the Department of Ageing, Disability and Home Care, the parties shall meet to negotiate appropriate rates of pay and conditions. Whilst those negotiations proceed, on a without prejudice basis, employees will be paid for such tasks at Higher Duties - Care Worker Grade 4 pursuant to clause 16 of this agreement.

 

Trial/Implementation of non-paper based time and attendance system

 

(i)         The parties to this award agree to consult on future technologies for electronic time and attendance capture and/or any other non-paper based time and attendance system proposed to be utilised for the purpose of recording attendance of Care Workers at the clients’ residence.

 

(ii)        Trials/implementation of non-paper based time and attendance systems will be conducted subject to the following:

 

A Joint Implementation Committee, comprising of but not limited to representatives of each of the parties to this Award will be established. The purpose of the Joint Implementation Committee is to examine the possibilities of a non-paper based time and attendance system through various trials and pilot projects where the technology/systems can be assessed for suitability. The consultation working party will ensure the trial(s) is (are) conducted with as little disruption to normal work as possible, and that no employee is disadvantaged as a result of the trial. The Joint Implementation Committee will also ensure that each affected employee receives proper training in the use of the proposed time and attendance technology.

 

For the purposes of any trial (s) clause 22C of this Award shall be disregarded. Employees in Branches not participating in the trial (s) will continue to be subject to clause 22C.

 

All Care Workers in a Branch participating in a trial (s) of a non-paper based time and attendance systems are required to fully participate in that trial.

 

(iii)       At the conclusion of the trial(s) the Joint Implementation Committee shall meet and assess the effectiveness         of the time and attendance system(s) and shall report on any difficulties encountered during the trial(s) and/or any proposals for improvements to the system(s).

 

(iv)       Following the trial(s) Home Care may implement the non-paper based time and attendance technology agreed to best suit the operation of Home Care. If such a decision is taken the technology will be implemented throughout Home Care’s state-wide Branch network.

 

(v)        Where agreement cannot be reached on implementation, the assistance of the NSW Industrial Relation Commission may be sought by either party.

 

PART B

 

EMPLOYMENT CONDITIONS

 

9.         Contract of Employment

 

A.         Employment Conditions

 

i.           An employee may be engaged as a full-time, part-time, casual or fixed term contract employee. An employee shall be notified in writing at the point of hire of their employment status, grade/classification and level of contract hours.

 

ii.          Employees other than casuals shall be rostered for 2 weekly periods and their employment shall be terminated by 2 weeks notice on either side to be given at any time during the week or by the payment or forfeiture, as the case may be, of the difference between the notice given and 2 week’s wages in lieu thereof.

 

iii.         Notwithstanding the provisions of this clause the employer or its representative shall have the right to terminate an employee at any time for refusal of duty, malingering, inefficiency, neglect of duty or misconduct and shall be liable only for payment up to the time of dismissal.

 

iv.        On the termination of employment the employer shall, at the request of the employee, give to such employee a statement signed by the employer stating the period of employment, the class of work employed upon and when the employment terminated.

 

v.         Where due notice of termination of employment has been given, all monies which are due shall be paid to the employee concerned no later than three (3) working days following date of termination.  Monies shall be paid into the former employees wages account.

 

B.         Full-time employment

 

i.           A full-time employee shall be an employee who is employed to work a minimum of 70 hours per fortnight and a maximum of 76 hours per fortnight.

 

ii.          Full-time employees shall be entitled to Annual Leave, Long Service Leave, Public Holidays, Sick Leave and like conditions of this Award on a full time basis of 76 hours per fortnight.

 

C.         Part-time employment

 

i.           A part-time employee shall receive the appropriate hourly rate of pay prescribed in Part I. Monetary Rates - Table 1 Salaries, of this Award, calculated to the nearest whole cent, any amount less than a half cent in the result to be disregarded.

 

ii.          Part-time employees shall be entitled to Annual Leave, Long Service Leave, Public Holidays and like conditions of this Award on a pro-rata basis. Sick Leave shall be based on the upper level of contract hours as prescribed in per Clause 34 - Sick Leave, of this award.

 

iii.         Part-time employees shall be offered all additional hours of work, in accordance with Clause 13 - Distribution of Hours, wherever practicable to do so before new employees are employed so that part-time employees may obtain increased regular hours (and where practicable to create full-time positions as per Clause 9 - Contract of  Employment), of this Award.

 

D.         Uncontracted employees

 

Contract hours shall not apply to permanent employees who were employed before the 1992 Award became operative and whose ordinary hours are less than 20 hours per fortnight.  Such employees shall remain as part-time employees.  Employees who are not covered by contract hours shall be offered additional work, wherever practicable, in order to increase their working hours to such a degree that they shall be covered by contract hours.

 

E.         Casual employment

 

i.           Employees who work less than 20 hours per fortnight shall be employed as casuals and therefore shall not receive contract hours.

 

ii.          A casual employee is employed and paid by the hour and shall receive the hourly rate of pay prescribed in Part I. Monetary Rates - Table 1 Salaries , of this  Award, plus a casual loading of 20% of the appropriate hourly rate of pay for all duty performed. This amount shall be the ordinary rate of pay for casual employees and is inclusive of compensation for Annual Leave, Sick Leave and Public Holidays. The ordinary hourly rate for casuals shall attract the appropriate loadings or penalties as outlined in this Award.

 

iii.         The hourly rate of pay prescribed in paragraph (ii) hereof shall be calculated to the nearest whole cent, any amount less than a half cent in the result to be disregarded.

 

iv.        Casual employees shall receive a minimum payment of one (1) hour for each engagement subject to the provisions outlined in Clause 12 - Hours of Work, of this Award.

 

v.         The employment of a casual employee may be terminated by one hour's notice.

 

F.         Probationary Period

 

The employment of permanent employees without previous service employed subsequent to certification of this  Award shall be subject to a probationary period of up to three months.  During the first four weeks of employment such employees may be terminated with one day’s notice. Provided that the employer and employee may agree in writing to reduce or exclude altogether the probationary period.

 

No probationary period shall apply to employees transferring from one grade to another, save for the balance of any probationary period arising from the initial engagement and which remains in force at the time of transfer between grades.

 

The probationary period is subject to the procedures contained in PART C, 10 "Probationary requirements for new employees" of the Home Care Service Personnel Policies and Procedures.

 

10.       Conversion to Permanent Employment

 

1.         This clause only applies to a regular casual employee:

 

(i)         A "regular casual employee" means a casual employee who is employed by the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least six (6) months.

 

2.         A regular casual employee who has been engaged by the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services for at least six (6) months, may elect (subject to the provisions of this clause) to have his or her contract of employment converted to permanent employment.

 

(i)         The employee will be converted to a contract band in accordance with clause 11 of this Award.

 

(ii)        The appropriate contract band will be determined by taking an average of the hours worked by the employee over the preceding six (6) months less 15% and employment will be offered within the corresponding band e.g. a casual employee averages 42 hours over twelve months, less 15% equals average of 35.7 hours.  Therefore the employee must be offered a 30-hour contract.

 

(iii)       Nothing in this clause prevents the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services from offering a contract at a higher level than that arrived at by following the process specified in sub-clause 10(2)(ii).

 

(iv)      Nothing in this clause requires the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services to offer permanent employment to an employee who, after following the process specified in sub-clause 10(12)(ii), averages less than 30 hours a fortnight.

 

3.         Where a regular casual employee seeks to convert to permanent employment, the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services may consent to or refuse the election, but only on reasonable grounds. In considering a request, the Home Care Service may have regard to any of the following factors:

 

(i)         Initial employment through some form of merit selection

 

(ii)        the size and needs of the Branch in which the employee works;

 

(iii)       the nature of the work the employee has been doing;

 

(iv)      the qualifications, skills, and training of the employee;

 

(v)       the employee's personal circumstances, including any family responsibilities; 

 

(vi)      ongoing availability of work

 

(vii)     satisfactory performance and conduct record

 

(viii)    any other relevant matter.

 

4.         Where it is agreed that a regular casual employee will have his or her employment converted to permanent employment as provided for in this clause, the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services and the employee must discuss and agree upon to which contract band the employee will convert. Consistent with the process outlined at 10(2)(ii), 10(2)(iii).

 

5.         The date from which the conversion will take effect is the commencement of the next pay cycle following such agreement being reached unless otherwise agreed.

 

6.         An employee must not be engaged and/or re-engaged (which includes a refusal to re-engage) to avoid any obligation under this Award. Unless at the employees request or as a result of their individual circumstances

 

7.         Nothing in this clause obliges a regular casual employee to request conversion to permanent employment, nor permits the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services to require a casual employee to so convert.

 

8.         Nothing in this clause requires the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services to convert the employment of a regular casual employee to permanent employment if the employee has not worked for six (6) months or more for the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services.

 

9.         Nothing in the clause requires the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services to increase the hours of a regular casual employee seeking conversion to permanent employment. The allocation of work must be in accordance with Clause 13 of this Award- Distribution of Hours.

 

10.       Any dispute about a refusal of an application to convert a contract of employment or about the matters referred to in sub-paragraph 10(3) must be dealt with in accordance with the provisions of clause 7 - Grievance/Dispute Settling Procedure.

 

11.       Contract Hours

 

(i)         Contract Bands

 

Employees, other than casuals, shall be given contract hours on a fortnightly basis.

 

The following table sets out the levels of contract hours:

 

Column 1	Column 2
Contract hours	Actual hours worked
30	30 - 39
50	50 - 59
70	70 - 76  (Full time)

 

Contract hours, as specified in column 1, shall be based on the Monday to Friday hours of work for Monday to Friday employees and Saturday to Friday hours for Saturday to Friday employees.

 

Contract hours specify the minimum hours the employee must work and the minimum payments that an employee shall receive.

 

An employee on contract hours, as specified in Column 1, must accept work up to and including the corresponding range of hours in Column 2 where this request is reasonable and within the employee’s agreed availability.  An employee may accept additional hours above the corresponding range by the agreement of both parties.

 

Employees who are unable to be offered at least their contract hours in work shall be paid the difference between the work that has been offered and their minimum level of contract hours.

 

Employees may progress from one level of contract hours to another on the basis of a 12 monthly review with the following hours required to have been worked on average per fortnight over the preceding 12 months to move onto that contract band.  This review will occur in August 2009, August 2010 and August 2011. Should evidence be available to demonstrate successful transition to the identified establishment model, the August 2011 review will not be required. That is merit based selection to identified vacancies has been suitably achieved.

 

Contract Band	Averaged fortnightly hours
	over preceding 12 Months
30	36
50	59
70	74

 

(ii)        Progression in Contract Level

 

Employees may progress from one contract level to another by way of internal expressions of interest, in which merit based selection principles shall apply. Vacant positions will only be advertised externally in the event positions cannot be filled internally.

 

(iii)       Reduction of Contract Hours

 

An employee may request a reduction in contract level.  The branch will only comply with this request after receiving such request from the employee in writing.

 

(iv)       Transition to 30, 50 and 70 Contract levels.

 

On certification of this Award current employees on contract bands of 20, 40 and 60 may elect to increase their existing contract level to the next available contract level or remain on their existing contract level during implementation of this provision. The implementation period will conclude at 1 September 2010.

 

12.       Hours of Work

 

A.         Ordinary Hours

 

i.           The ordinary hours of work shall be up to and including 76 hours per fortnight Saturday to Friday.  All hours worked on weekends and outside 6.00 am to 6.30 pm Monday to Friday shall attract the appropriate penalties as per Clause 24 - Penalty Rates for Ordinary Time and Weekends.

 

ii.          Subject to Clause 24 - Penalty Rates, of this award the ordinary hours of work exclusive of meal times shall not exceed 8 hours per day or 76 hours per fortnight, Saturday to Friday.

 

B.         Minimum Start

 

Employees (including casuals) shall receive a minimum payment of two (2) hours for each engagement. Provided that in the case of Personal Care services, Respite Care services to Personal Care clients (and service where there is a genuine inability to roster for two (2) hour minimum start) the minimum start shall be one (1) hour.

 

C.         Breaks between shifts

 

Employees shall be rostered in such a way that they receive at least 8 consecutive hours break within any 24 hour period. Should an employee not receive such a break then the employee shall receive overtime rates for all time actually worked during subsequent work days until such time as an 8 hour break is received. This clause shall operate subject to availability nomination as per sub-clause L of this clause

 

D.         Travel Time

 

All travel time between clients during an engagement shall be regarded as time worked for all purposes of the Award.

 

E.         Rest Period

 

Rest periods shall be allowed where necessary in accordance with current practice. The intervals shall not exceed ten (10) minutes and shall be part of the time worked without deduction in pay.

 

F.         Meal Break

 

i.           A meal break of not less than thirty (30) minutes or more than sixty (60) minutes shall be allowed for employees who work continuously for five (5) or more hours during their ordinary hours of work.

 

ii.          No employee shall be required to work more than five (5) hours continuously without a meal break (or a crib break) after commencing their daily work.

 

iii.         Where the nature of the work does not allow for the taking of a meal break a paid twenty (20) minute crib break shall be taken.

 

G.         Notification of hours

 

As far as possible the employer shall fix the time of duty in a flexible way to meet the needs of the client and the employee.

 

H.        Rosters

 

All employees shall receive a roster setting out the following fortnights work, where appropriate.  Such rosters shall be based upon agreed availabilities between the employee and the Branch.

 

I.          Client Details

 

Employees must receive appropriate instruction or training before attending a new client, or being required to deliver a new service or skill.

 

In addition, employees shall be provided with relevant client details in writing to enable them to undertake the duties as directed (including relief clients).

 

Where written procedures are unable to be provided due to short notice, verbal instructions are acceptable but must be confirmed in writing.

 

J.          Days off per fortnight

 

All employees shall be rostered in such a way that they receive at least one (1) day off per week. If there is agreement between the employee and the Branch this may be taken as two (2) days off per fortnight.

 

K.         Availability for fortnightly roster

 

Employee’s are not on call, unless as designated so by the Branch in accordance with the on call provisions contained in Clause 19 - On Call, of this award.

 

Availability must be agreed between the employee and their supervisor in a fair and reasonable manner with the needs of both parties being considered.  The agreed availability is then recorded in an availability register (See Appendix A).

 

L.         Availability Conditions

 

Employees shall make themselves available in accordance with the following table. That is they must select the minimum number of availability time/periods in accordance with the employee’s current contract level. Employees, increasing in contract level or new employees engaged on a contract of 50 hours per fortnight or more must be available for work on a Saturday to Friday basis in accordance with the table below. Provided that the entitlement of existing permanent employees employed as at the date of certification of this Award to increase contract bands without being required to nominate availability during a weekend period will not be affected in those circumstances where a contract may have been increased under the LHMU and Home Care Service of NSW (Field Staff) Enterprise Agreement 1999.

 

Note: A maximum of two (2) six hour time periods can be utilised for each 24 hour period.

 

Employees retain the option within their availability of whether they receive an 8 consecutive hour break or a 10 consecutive hour break within any 24 hour period.

 

Contract	Minimum number of	Weekend Availability for Saturday -
Level	Availability Time Periods	Friday employee’s
30	8 x 6hrs
50	12 x 6hrs	1 in 4
70-76	16 x 6hrs	2 in 4

 

Availability must be agreed, within the service hours available in the Branch, between the employee and the employer prior to the availability being accepted and activated.

 

Availability, once agreed, will remain in place for a period of 3 months and may only be altered during this period in extra-ordinary circumstances. Following the expiry of the three month period either party may initiate discussion on changes to the agreed availability and nominated break between shifts.

 

The employer shall not require an employee to work ordinary hours outside their agreed availability.

 

In the event of a dispute between an employee and the employer regarding availability, clause 7 - Grievance/Dispute Settling Procedures of this Award shall apply.

 

(i)         Transition to Availability provisions

 

Availability provisions in place at the commencement of this Award with regard to all availability will remain active for a period of approximately eighteen months from certification of this Award to facilitate a transition period (i.e. until 1 September 2010).

 

Employees who elect to remain on contract levels of 20, 40 and 60 for the implementation period as prescribed by Clause 11 (iv) Contract Hours will be required to provide availability consistent with the Care Worker Employees - Department of Ageing, Disability and Home Care (State) Award 2006.

 

M.        Refusing Work

 

Employees will only be able to refuse work where either:

 

*	it is outside their agreed availability
*	they are rostered beyond their maximum contract range
*	fair and reasonable notice has not been given
*	there are extenuating circumstances

 

13.       Distribution of Hours

 

Home Care will distribute hours of work to Care Worker teams established in geographically based areas within the Branch. Each team will consist of a number of Care Workers of different grades and contract levels which most effectively meet the client work load.

 

For the purposes of this clause "geographically based teams" shall mean the area within which the clients of a particular team are located.

 

All members of a team shall recognise the right of all team members to an equitable distribution of work in accordance with agreed skills, contract levels, grade and availability. Team members will act constructively, exercise tolerance and acknowledge the views of other team members, and utilise the Care Worker Self Rostering Checklist when seeking additional work or changes to existing work.

 

Where work arising from planned leave, unplanned leave or other additional work cannot be undertaken by the relief Care Worker it must first be offered to permanent employees (within the Team) considering the following:

 

i.           Staff who have fallen below contact hours

 

ii.          Staff who have lost clients recently for reasons such as death, hospitalisation or through legitimate clients self determination

 

iii.         Staff who have notified the branch that they want more work, the work is available and is within their agreed availability

 

Service Co-ordinator must consider the following issues in determining the distribution of work:

 

i            Identify those staff who possess the necessary skills as determined by the Service Co-ordinator;

 

ii.          All Occupational Health and Safety implications of the service to be provided have been considered;

 

iii.         The cost effectiveness of providing the service has been considered

 

iv.        The client’s choice of employee has been considered and where that preference is for a legitimate reason.  Any dispute as what constitutes a legitimate reason shall be dealt with pursuant to clause 7 Grievance/dispute settling procedure.

 

Permanent employees within the team shall have first opportunity to perform any additional work before casuals and contractors, subject to availability, appropriate training and the work being performed at ordinary time rates of pay. If work is allocated to a casual employee in the first instance, it must then be advertised at the first opportunity to permanent employees within the team where the work exists.  Where the appropriate team cannot do the work, neighbouring teams will be offered the work, where cost effective, prior to the work being offered to other providers.

 

Note: Any work unable to be undertaken by the team remains the responsibility of the Service Coordinator for rostering purposes.

 

14.       Self Rostering

 

1.         Self Rostering is the practice of providing opportunity for Care Workers to re-roster services to better suit the changing requirements of either their clients or themselves.

 

2.         Self Rostering is only to be undertaken by a Care Worker in such a way that the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services incurs no additional costs in relation to payment of hours, overtime and penalties for time worked arising from changes to the original roster.

 

For the purposes of the above, additional cost shall not be taken to include the travel allowance as provided for in this Award.

 

3.         When a Care Worker or client wishes to change the date and/or time of service, then both the Care Worker and client may negotiate the change between themselves to reach a desired solution that is agreeable to both parties (see Appendix E Guidelines to use when Initiating Changes to Client Service).

 

4.         Self Rostering is not to be utilised in substitution for normal leave provisions i.e. sick and/or annual leave.

 

5.         One Off Short Term Changes

 

Care Workers are authorised to make one-off short term changes to their roster without notifying their service co-ordinator or the branch provided there are no award implications (see Appendix D, Care Worker Self Rostering Checklist) or increased costs associated with the change.

 

6.         Changes made to rosters are to be recorded on either the back or front of the Care Worker timesheet for the fortnight in which the change occurred. Full details including client’s name, number, day/date and time the service was provided and any kilometres incurred must be recorded.

 

7.         Where either the client or Care Worker wishes to change the date and/or the time of a rostered service, and agreement cannot be reached between the parties, the service co-ordinator must be contacted to arrange a satisfactory alternative solution.

 

8.         Permanent Changes:

 

If either the care Worker or the client wish to make a permanent change to a client’s date and/or time of service they may negotiate this however, permanent changes must be discussed with, and agreed to, by the Service Co-ordinator prior to final confirmation of the change with the client.

 

15.       Gradings and Advancements

 

Upon being employed by the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services employees shall be graded and/or advanced into one of the following grades based on the Guidelines as per Appendix F.

 

A.         Care Worker Grade 1

 

Employees engaged at this level shall be employed as Grade 1 employees and shall be required to perform Grade 1 duties only. Optional training shall be provided to employees at this level to equip employees to apply for Grade 2 positions. Employees may enhance their knowledge, skills and experience through opportunities to multi-skill.

 

Grade 1 employees shall work on weekdays only and will not be required to work on public holidays.

 

B.         Care Worker Grade 2

 

An employee at this level shall be able to work without direct supervision and shall be competent in carrying out simple Personal Care, Housekeeping and Repetitive Upkeep tasks, where these duties have a slight to moderate impact on the work/worker from client behaviours or household environment. Optional training shall be provided to employees at this level to equip employees to apply for Grade 3 positions.

 

C.         Care Worker Grade 3

 

An employee who has completed the training in Grade 2 or who demonstrates they meet the requirements of Grade 2 and have the skills to complete more complex tasks, may apply for positions at Grade 3.

 

Positions in this Grade shall be advertised within a Home Care Branch or geographical area and shall be filled internally. Grade 3 positions shall only be filled externally if the position cannot be filled internally.

 

Employees at this level will perform the duties of a Grade 2 employee and perform complex work where there is a moderate to pronounced impact on the work/Worker from client behaviours and/or the household environment. Grade 3 employees will be involved in on the job training of employees where required.

 

D.         Home Aides and Handypersons

 

Home Aides are staff who were employed prior to June 1992 and were unable or unwilling to be graded upon implementation of the 1992 Field Staff Award. Home Aides are not covered by contract hours. Home Aides cannot be employed after June 1992.

 

Handypersons are staff who were employed prior to June 1992 as Handypersons and were unable or unwilling to do the full range of duties required to be graded.

 

Handypersons who are employed post June 1992 can only be employed to specifically undertake Handypersons duties only and must be given contract hours.

 

Notwithstanding the above, should a dispute arise as to the nature of work that has been allocated to an employee, the parties in the first instance shall rely upon Clause 7 - Grievance/Dispute Settling Procedures, of this Award to resolve the matter.

 

E.         Permanent Relief Care Worker

 

Permanent Relief Care Workers are employed specifically to undertake relief work resulting from both planned and unplanned leave within the branch. The relief Care Worker shall be employed on a permanent basis consistent with the grading levels and work requirements provided in this Award, which enables the employee to be adequately skilled and available to undertake the required relief work as determined by the branch.

 

Relief Care Workers shall be offered employment at a contract level and Grade consistent with the needs of the branch. Availability requirements of clause 12 shall apply in full to Permanent Relief Care Workers.

 

Relief Care Workers are appointed as such and provide the full range of Home Care services to clients as required by the Branch.

 

Nothing in this Award shall prohibit Relief Care Workers form expressions of interest in other roles within Home Care as vacancies arise.

 

Permanent Relief Care Workers will only be requested to perform service where the employee has sufficient skills to perform the required tasks/duties.

 

16.       Higher Duties/Multi-Skilling

 

A.         Purpose

 

The purpose of this Clause is twofold. Not only will it enhance the skills of Grade 1 and Grade 2 employees by providing the opportunity to multi-skill, it is also recognised that it will share the load of Grade 2 and complex Grade 3 work amongst all employees that will contribute towards safer rostering practices.

 

The parties agree that the following is a policy that will contribute towards the development of long term arrangements to address issues such as the mix of work and self rostering.

 

The parties will continue to promote opportunities for employees who wish to increase their contract hours.

 

B.         Multi-skilling

 

i.           Grade 1 employees may perform Grade 2 work where the Grade 2 work does not exceed 50% of the Grade 1 employee’s minimum level of contract hours.

 

ii.          Grade 2 employees may perform Grade 3 work where the Grade 3 work does not exceed 50% of the Grade 2 employee’s minimum level of contract hours.

 

iii.         Grade 1 employees who undertake more than 50% of their minimum level of contract hours performing Grade 2 work in the fortnightly period shall be paid at the Grade 2 rate for all hours worked in the fortnightly pay period.

 

Grade 2 employees who undertake more than 50% of their minimum level of contract hours performing Grade 3 work in the fortnightly period shall be paid at the Grade 3 rate for all hours worked in the fortnightly pay period.

 

Permanent minimum level of contract hours	50% of Contract Hours
30	15
50	25
70	35

 

iv.        Higher duties work will only be performed where the employee has the skills to perform the duties.

 

v.         Grade 1 employees retain the option to accept or reject Grade 2 work.

 

vi..       Grade 2 employees retain the option to accept or reject Grade 3 work.

 

vii.       Where Grade 3 hours are worked by Grade 2 employees, the Grade 3 work will be included for the purposes of reviewing contract hours.

 

(a)       Should the employee choose to no longer perform permanent Grade 3 work, Home Care will review the contract level to determine if it can be maintained with only Grade 2 work.

 

(b)       Where the contract cannot be maintained, the contract will return to the original contract level.

 

viii.      A request by a Grade 1 employee to perform Grade 2 work will only be considered in writing from the employee to the employer.  Refer Appendix B - Higher Duties/Multi-skilling Agreement, of this Award.

 

ix.        A request by a Grade 2 employee to perform Grade 3 work will only be considered in writing from the employee to the employer.  Refer Appendix B - Higher Duties/Multi-skilling Agreement, of this Award.

 

C.         Travel time

 

i.           Where an employee is performing work which is paid at a higher rate, they shall be paid the time taken to travel to the job and from the job at their classification rate.

 

ii.          Where the higher duties jobs are linked together by the time taken to travel between clients then the time taken to travel between the clients shall be paid at the higher rate of pay.

 

iii.         It is not intended to roster employees with gaps between clients to avoid payment under ii. above.

 

D.         Higher duties

 

Subject to subclause B(vii) of this clause, an employee called upon by the employer to perform work of a grade paid at a higher rate shall be paid at the higher rate for the actual time spent performing the duties. Higher duties work will only be performed where the employee has sufficient skills to perform the duties.

 

(i)         Payment for Leave whilst performing higher duties

 

(1)       Where an employee proceeds on leave; and

 

(a)        the employee is employed in a Grade 1 or Grade 2 position; and

 

(b)        the employee is currently called upon to perform higher duties as a Grade 2 or Grade 3; and

 

(c)        has been called upon to perform higher duties for a continuous period of twelve months or more in a Grade 2 or Grade 3 position;

 

the employee will be paid leave at the applicable higher duty rate.

 

(2)       Continuous service prior to the making of this Award will be taken into account in calculating leave 

 

(ii)        Higher duties - Administrative tasks

 

An employee called upon to act in positions within the  Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services, other than those under this Award, shall be paid the appropriate hourly rate applicable to that position. Where such rates are lower than the employee’s ordinary rate of pay, the ordinary rate of pay will be paid.

 

(iii)       Care Worker Grade 4

 

An employee at this level may perform one or more of the following tasks:

 

(a)       Presenter, preparing and presenting training programs to groups of employee’s.

 

(b)       Workplace Competency Assessor, undertaking the tasks required of the Care Workers’ Professional Development Program.

 

E.         Promotion to Grade 3 positions

 

i.           Grade 2 employees who are performing regular Grade 3 work shall be deemed competent to undertake such work on a permanent basis and such experience will be taken into consideration in the selection process to vacant Grade 3 positions.

 

ii.          Where the contract hours of the vacant Grade 3 position is less than those currently worked by the Grade 2 applicant, the Grade 3 contract hours being offered by the Branch may be increased upon request from the employee by a maximum of (1) one contract level only.

 

17.       Motor Vehicle Insurance

 

All employees (including casuals) will be required to obtain and provide proof of third party property motor vehicle insurance as a condition of their employment.

 

Third party property motor vehicle insurance will be checked annually, at the same time vehicle registration and drivers' licences are checked.

 

Employee’s have a duty to notify Home Care if they are unable to maintain their motor vehicle insurance, vehicle registration or driver’s licence, during the course of their employment.

 

18.       Fixed Term Contracts

 

The purpose of implementing an additional classification for employee’s to be employed on a fixed term contract basis has been established for limited use in the following specific circumstances.

 

Short term non-recurrent funded services;

 

Genuine situations of isolation where no other staff are available to provide services;

 

Relief situations where existing care Workers cannot carry out the work, i.e.: maternity leave

 

An employee can only be employed on a fixed term contract basis where it is consistent with the above circumstances.

 

The parties shall monitor the use of fixed term contracts every six months to ensure usage remains consistent with the above criteria.

 

All fixed term contracts must operate for a minimum of six (6) months and a maximum of twelve (12) months. Provided that, in special circumstances, with the agreement of the union, a fixed term contract can operate for 3 months.

 

Fixed term contract employees will only be employed where the agreed contract as outlined in Appendix C - Offer of Fixed Term Contract has been adhered to.

 

Branches shall notify the head office of the union in writing of an intention to enter into a fixed term contract a minimum of 4 weeks prior to the commencement of such contract. Provided that less than four weeks notification may be given in circumstances where the requirement for a fixed term contract becomes known to a branch at shorter notice, in which instance the branch will notify the union as soon as possible after it becomes aware of such requirement. The union may contact the Branch concerned directly in relation to such fixed term contract. Any disputes as to the existence and/or operation of such contract shall be dealt with pursuant to the provisions of Clause 7 Grievance procedure of this Award.

 

19.       On Call

 

Employees who agree to be on call shall be paid 15% of the Grade 3 ordinary hourly rate whilst on call.  Payment for time actually worked shall attract the appropriate loadings specified in Clause 24 - Penalty Rates, 25 - Overtime, or 26 - Public Holidays, of this Award.  The on call arrangements operate outside normal office hours and weekends when the Branch office is closed.  No employee will be required to be on call to perform grade 4 duties.

 

20.       Client Cancellation

 

i.           Where an employee is given notice before 5pm the day before the rostered service was to take place that a client shall not be requiring service then no payment shall be made to the employee, except as provided for in Clause 26 - Public Holidays, of this Award.

 

ii.          Where an employee is given notice after 5pm the day before the rostered service or where an employee arrives at the client’s home and the client is not there:

 

(a)        The Branch will, as soon as possible following receipt of advice of a cancelled shift, follow the protocol steps set out below to ensure every opportunity to replace work lost through cancellations is taken to replace that cancelled work with another job of the same or greater duration.

 

Step 1 - The Branch will examine all non-allocated work, including work to be or being performed by contractors within a team and neighbouring teams to identify any work which might be utilised as a replacement for cancelled work.

 

Step 2 - The Branch will examine all work being performed by casual employees within a team and neighbouring teams to identify any work which might be utilised as a replacement for cancelled work.

 

Step 3 - The Branch will examine all work being performed as overtime within a team and neighbouring teams to identify any work which might be utilised as a replacement for cancelled work.

 

Step 4 - The Branch shall, in identifying work as set out in steps 1, 2 and 3, recognise temporarily amended availability in respect to an affected employee who has advised availability outside the nominal availability previously advised in accordance with clause 12 of this agreement for the purpose of obtaining work to replace cancelled shifts.

 

Step 5 - The Branch shall offer any work identified within steps 1, 2 and 3 to an affected employee.

 

Work within neighbouring teams need not be examined where it is impracticable to offer that work to the affected employee due to inordinate travel requirements.

 

(b)        Where the Branch is unable to find replacement work  during the same pay period then the employee shall be paid for the cancelled task up to a maximum of 1 hour.

 

(c)        Where an employee fails to notify the Branch of a client cancellation or where an employee refuses appropriate replacement work, the employee will not be paid for the cancelled task.

 

iii.         Additional work which had been advised to an employee prior to a cancellation shall not in any circumstances be regarded as a replacement for work subsequently cancelled.

 

21.       Termination Change and Redundancy Provisions

 

A.         Introduction of Change

 

(a)        Employer's duty to notify

 

i.          Where an employer has made a definite decision to introduce major changes in 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 proposed changes and the Union.

 

ii.         "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 the Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

 

(b)        Employer's duty to discuss change

 

i.          The employer shall discuss with the employees affected and the Union, the introduction of the changes referred to in paragraph A (a) hereof, the effects the changes are likely to have on employees, 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.

 

ii.         The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph A (a) hereof.

 

iii.        For the purposes of such discussion, the employer shall provide in writing to the employees concerned and the Union 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 be inimical to the employer's interests.

 

B.         Inability to meet contract hours

 

(a)        Where a Branch cannot maintain Care Worker’s contract hours the following process will apply:

 

i.          identify any hours which may be available through staff turnover, prior to employment of new staff;

 

ii.         review and distribute where appropriate to the contracted employee’s work hours currently being undertaken by casuals;

 

iii.        hours should be distributed where appropriate from other staff who have work over and above their existing contract levels;

 

iv.        investigate the option of suitable transfers to other locations;

 

v.         affected staff should be given priority where appropriate for any additional hours available through new referrals.

 

(b)        A decision will need to be made as to whether to pursue a reduction in contract hours and/or redundancy. At this point the Manager will be required to notify the Regional/Area Manager and the Union before the following steps are taken:

 

i.          the Branch will initially consult with employee’s to determine if any employee’s are prepared to accept a reduction in contract hours;

 

ii.         if no employee’s are willing to reduce their contract hours, the Manager will make a recommendation to the Regional/Area Manager as to which employee’s they have identified for a reduction in contract hours;

 

iii.        the decision to reduce contract hours shall be fair and objective taking into consideration the skills, classification, service and history of work performance of the affected employee(s);

 

iv.        where a reduction has occurred, the affected employee(s)  will be offered any appropriate available work.  If this results in the employee’s hours increasing to the next level the employee’s original contract level should be re-instated as a priority;

 

v.         if reductions in contracts are not deemed a suitable option the Manager will make a recommendation to the Regional/Area Manager to offer a voluntary redundancy;

 

vi.        if the necessary reduction is greater than 1 contract level, an offer of voluntary redundancy will be made.

 

C.         Redundancy and retrenchment

 

Discussions before terminations

 

i.           Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to continue, and that decision may lead to termination of employment, or the employer has made a definite decision not to maintain the contract hours of an employee the employer shall hold discussions with the employees directly affected and with the Union.

 

ii.          These discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (A (a) (i) hereof and shall cover, in addition, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

iii.         For the purposes of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and their Union, 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 be inimical to the employer's interests.

 

D.         Definition of Redundancy And Retrenchment

 

i.           "Redundancy" refers to a position that is identified as surplus to the organisation's requirements or the employer decides not to maintain an employee's Contract Hours and the position is abolished. The person holding that position becomes excess staff.  For the purpose of this clause a position refers to the contract hours given to an employee.

 

ii.          "Retrenchment" refers to the termination of excess staff.

 

iii.         The following procedure and/or payments shall be made for retrenched employees subject to changes from time to time to approved general New South Wales Public Sector provisions.

 

(1)       Four weeks' notice or pay in lieu of notice; five weeks notice for those employee’s forty five (45) years of age or over and who have more than 5 years service.  PLUS

 

(2)       Severance pay at the rate of 3 weeks per year of continuous service to a maximum of 39 weeks. PLUS

 

(3)       The benefit allowable to the employee as a contributor to the State Authorities Superannuation Scheme or First State Super.  PLUS

 

(4)       Pro rata annual leave loading in respect of leave accrued at date of termination.

 

iv.        The voluntary redundancy package, in addition to the retrenchment package is available to employee’s who accept the package within fourteen (14) days and the employee terminates employment within the time nominated by the employer. The voluntary redundancy package includes:

 

2 weeks pay for less than 1 years service

 

4 weeks pay for 1 to 2 years of service

 

6 weeks pay for 2 to 3 years of service

 

8 weeks pay for 3 years of service or more

 

v.         Persons exuded from the provisions of this clause shall be:

 

i.          Employees engaged on a short term and/or casual basis.

 

ii.         Employees on Workers' compensation or those awaiting determination of claims against the employer (on the basis that compensation for the termination may arise from that source).

 

iii.        Employees subject to termination on the grounds of misconduct or unsatisfactory service.

 

PART C

 

REMUNERATION

 

22.       Payment of Wages and Payslips

 

A.         All wages shall be paid fortnightly in the employer's time not later than the close of business Thursday in each pay week. The pay period shall end at mid-night Friday on the previous week.

 

Where wages are not available by close of business on the Thursday of each pay week the following arrangements will apply:

 

i.           Where an individual employee's total wages have not been received by close of business the Thursday of the pay week, the employee will be offered the following choices:

 

(a)       payment to be corrected no later than the Friday of the pay week using an "ad hoc" payment. This means a centrally organised adjustment paid directly into the employee's nominated account or;

 

(b)       a "cash advance" for the difference between the total net wages that should have been paid and that  amount paid no later than Friday of the pay week

 

ii.          Where a whole Branch of the Service is unable to pay their employees wages, due to technical problems by close of business on Thursday of the pay week, the Emergency Pay Procedures will be initiated.

 

(a)       Emergency pay procedures require the employer to pay employees 100% of their previous ordinary pay period earnings.

 

(b)       Where employees are overpaid, the Service will deduct the overpayment from the employees next pay period(s).

 

To proceed with (b) above, the Service will be required to notify the employee in writing that an overpayment has occurred, stating the amount of overpayment and confirm that the overpayment  will be deducted in their next fortnight's pay period(s).

 

(c)        Where employees are underpaid, under the Emergency Pay Procedures, all monies owed will be processed through an "ad hoc" payment and made available no later than close of business on the Friday of the pay period.

 

The Service will be required to notify the employee in writing that an underpayment has occurred, the amount of the underpayment, and confirm that the underpayment will be made available in an "ad hoc" payment.

 

iii.         Should a malfunction occur which prohibits the Service being able to pay employee’s  across the State their wages by Thursday of the pay week, the Service will initiate an Emergency Pay Procedure where all employee’s will receive 100% of their previous fortnight’s ordinary pay period earnings no later than Thursday of the pay period.

 

(a)       Conditions as outlined in (ii) (b), (c) will also apply to (iii) above.

 

B.         Employees shall have their wages paid into one account with a bank or other financial institution in New South Wales that has access to electronic funds transfer.  Wages shall be deposited in sufficient time to ensure that wages are available for withdrawal by employees by the close of business Thursday in each pay week.

 

C.         The employer shall supply to each employee a time sheet that shall be written up and signed by the employee, from day to day in ink, showing the name and address of the employee and the hours worked by the employee.

 

D.         Before or at the time of payment of wages each employee shall be issued with a pay slip showing the date of payment, period covered by such payment, separate identification of payments at each grade, travel allowance and overtime and contributions made as superannuation. In addition thereto, the payslip shall also show accrued entitlements, excluding sick leave, and express those entitlements in year to date figures.

 

23.       Time and Wages

 

The following procedure is to be used when rostering tasks and travel time for employees and will be used when determining payment of wages.

 

i.           That all tasks (including travel time) will be rostered in blocks of time to the nearest five (5) minutes.

 

ii.          Should the task time and/or travel time increase or decrease then, for the purpose of payment of wages, the rostered time may need to change.

 

iii.         The following situations are to be adopted in these instances:

 

(a)        when the engagement is exceeded by fifteen (15) minutes or more and the Service Coordinator agrees that the extra time is warranted or has been agreed to, then the engagement will be paid to the nearest five (5) minutes

 

(b)        when the engagement is less than the time rostered by fifteen (15) minutes then the engagement will be paid to the actual time rounded to the nearest 5 minutes

 

(c)        the rounding up or down will be as follows:

 

1 or 2 minutes - round down

 

3 or 4 minutes - round up

 

(d)        if the engagement does not increase or decrease by more than fifteen (15) minutes either way the employee will be paid for the actual rostered time

 

(e)        where the actual time is consistently different after the completion of the service, the Service Coordinator will be required to re-assess the service situation to determine if the rostered time should be altered permanently.

 

24.       Penalty Rates for Ordinary Time and Weekend Work

 

A.         Monday to Friday

 

Employee’s who work outside the spread of hours of 6.00 am to 6.30 pm Monday to Friday shall be paid a loading of 25% for the actual time worked outside the spread of hours.

 

B.         Weekend work

 

An employee who works during the weekend shall be paid time and a half for all work performed on Saturday and double time for all work performed on Sunday.

 

25.       Overtime

 

A staff member may be directed by the Department to work overtime, provided it is reasonable for the staff member to be required to do so. A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working unreasonable hours.  In determining what is unreasonable, the following factors shall be taken into account;

 

(i)         the staff member’s prior commitments outside the workplace, particularly the staff member’s family and carer responsibilities, community obligations or study arrangements;

 

(ii)        any risk to staff members health and safety;

 

(iii)       the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services;

 

(iv)       the notice (if any) given by the Department regarding the working of the overtime, and by the staff member of their intention to refuse overtime; or any other relevant matter.

 

A.         Rates of pay

 

For all work directed to be done beyond eight (8) hours per day or seventy six (76) hours per fortnight the rate of pay shall be time and a half for the first two (2) hours and double time thereafter, such double time to continue until the completion of the overtime work. In computing overtime each day's work shall stand alone. 

 

Return to work after overtime

 

When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least eight (8) consecutive hours off duty between the work of successive days.

 

An employee (other than a casual employee or employee engaged on Overnight Care) who works so much overtime between the termination of such employee's ordinary work on one day and the commencement of the employee's ordinary work on the next day that he or she has not at least eight (8) consecutive hours off duty between those times shall, subject to this sub-clause, be released after completion of such overtime until he or she has had eight (8) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If, on the instructions of the employer, such an employee resumes or continues work without having had such eight (8) consecutive hours off duty he or she shall be paid at double time until released from duty for such period and shall then be entitled to be absent until he or she has had eight (8) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

Provided that an employee may, pursuant to clause 14L of this  Award, elect to substitute a ten (10) hour break for the eight (8) hour break referred to in this subclause. An employee electing to substitute a ten hour break may not alter that election within a three month period following the election, except where there are extenuating circumstances and the employer agrees to such alteration.

 

B.         Meal break before Overtime

 

Where the period of overtime is more than one and a half (1½) hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of thirty (30) minutes that shall be paid for at the appropriate ordinary rate.

 

An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment for any time allowed in excess of thirty (30) minutes.

 

C.         Crib time

 

An employee working overtime shall be allowed a crib break of thirty (30) minutes without deduction of pay after each four (4) hours of overtime worked if the employee continues work after such crib time.

 

D.         Working during meals

 

An employee called upon to work during a recognised meal period as prescribed in Clause 12 - Hours of Work, of this Award, shall be paid overtime rates for all time so worked and such overtime shall continue to be paid until a meal break is allowed.

 

E.         Meal money

 

An employee required to work overtime for more than two (2) hours without being notified on the previous day or earlier that she or he will be so required to work shall be paid an allowance for the purchase of a meal. Provided that the amount paid shall be equal to an amount determined by the Public Employment Office and published in the NSW Public Service Notices from time to Time.

 

26.       Public Holidays

 

A.         The days on which the following holidays are observed shall be holidays under this Award: 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 hereafter be proclaimed a public holiday throughout the State; and the picnic day of the Union which shall be held on the first Monday in August each year or another day to be taken which is mutually acceptable to the employer and employee and must be taken by 31 December each year.

 

B.         Payment for public holidays

 

i.           Employees other than casuals shall be entitled to the above holidays without loss of pay.  Where an employee would normally expect to work on such Public Holiday(s) and the client cancels the service either in the current or previous pay period where the Public Holiday(s) falls, then the employee shall be paid for that cancelled task at ordinary time.

 

ii.          Employees directed to work shall be paid at the rate of double time and one half.  Where an employee only works a proportion of their rostered hours, they shall be paid at double time and one half for those hours worked and ordinary time for the remaining rostered hours.

 

iii.         For the purpose of this clause any employee whose ordinary hours of work commence before and continue past midnight shall be regarded as working on a holiday only if the greater number of his or her working hours fall on the holiday, in which case all time worked shall be regarded as holiday work.  Provided that if the number of ordinary hours worked before and past midnight is equal, all ordinary time worked shall be regarded as time worked on the day on which the work commenced.

 

C.         Where in the State an additional holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of the State Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout the State, other than by those covered by Federal Agreements, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be a holiday for the purposes of the Agreement, for employees covered by this Agreement who are employed in the State in respect of which the holiday has been proclaimed or ordered as required.

 

D.         For the purposes of this Agreement:

 

i.           Where Christmas Day falls on a Saturday or on a Sunday, the following Monday and Tuesday shall be observed as Christmas Day and Boxing Day respectively.

 

ii.          Where Boxing Day falls on a Saturday the following Monday shall be observed as Boxing Day.

 

iii.         Where New Year's Day falls on a Saturday or on a Sunday, the following Monday shall be observed as New Year's Day.

 

iv.        Where Anzac Day falls on a Saturday or on a Sunday the following Monday shall be observed as Anzac Day and the said Saturday and/or Sunday shall be deemed not to be holidays.

 

v.         The Union picnic day shall be the first Monday in August each year or another day to be taken which is mutually acceptable to the employer and employee and must be taken by 31 December each year.

 

vi.        By agreement between an employer and the Union delegates other days will be substituted for the said days or any of them.

 

27.       Additional Payments and Allowances

 

A.         Overnight Care

 

An employee, other than a Live-in Housekeeper, shall be paid at the rate shown as Overnight Care within clause 9 of this Award for each overnight care engagement which requires them to stay overnight at a client’s home for up to a maximum of 12 hours.

 

Employees who work an engagement of overnight care shall attract leave entitlements such as annual leave, long service leave, Worker’s compensation and contract hours at the rate of 4 hours per overnight care engagement.

 

The terms and conditions contained in this sub-clause shall be in substitution for and not cumulative upon the following clauses of the Award.

 

Clause Number	Subject
12	Hours of work
27B to G excepting 27Fiv	Additional payments and allowances
24	Penalty rates for ordinary time
25	Overtime
26	Public holidays

 

Employee’s Right of Refusal

 

All employees will have the right to refuse to undertake overnight care tasks. Additionally employees will be required to register their availability should they be interested in undertaking overnight care duties.

 

B.         Offensive Cleaning

 

Employees who clean premises which are in a grossly offensive condition shall be paid double time for the duration of such work. Offensive cleaning refers to any one of the following activities:

 

The cleaning of bed linen severely soiled by faeces or other bodily fluids;

 

the cleaning of households severely contaminated by human or animal excrement;

 

other cleaning activities assessed by Home Care to be beyond the normal limits of regular domestic assistance.

 

In the event of a dispute between an employee and the employer as to whether a premises is in a grossly offensive condition Clause 7 - Grievance/Dispute Settling Procedures, of this Agreement shall apply.

 

Notwithstanding anything contained in this sub-clause, employee’s have the right to refuse to undertake service classified as offensive cleaning, provided that the reasons are connected with the nature of the service and does not impact on other services provided such as personal care.

 

Offensive cleaning is payable to all grades provided the criteria set out above is met. Employees are not excluded from payment of offensive cleaning allowance simply by virtue of being engaged to perform personal care duties.

 

C.         Inclement weather

 

An employee shall not be required to work under conditions brought about by inclement weather.

 

D.         Travel allowance

 

i.           Where an employee is required to use their vehicle on official business in work time he or she shall be paid the rate of 77 cents per kilometre, set by the Australian Tax Office, as specified in Table 2. This rate will be adjusted consistent with adjustments to the Australian Tax Office rate. Except as provided in paragraph (iii) hereof this payment shall exclude all travel from the employee's home to the first place of work and from the last place of work.

 

ii.          Where an employee is required to use public transport for travel on official business such employee is to be reimbursed actual expenses incurred for such travel.  Except as provided in paragraph (iii) hereof no reimbursement shall take place from the employee's home to the first place of work and from the last place of work.

 

iii..        The Travel allowance shall be paid as per paragraphs (i) and (ii) hereof travel to the first client and home from the last client of the engagement where the total hours worked in the day are two hours or less.

 

iv.        Where an employee is rostered at the convenience of the employer with a break between clients, the employee shall be paid the Travel Allowance for the distance to travel home and from home to the next client.

 

v.         No payment shall be made under this sub-clause unless the employer is satisfied that the employee has incurred expenditure for such travel.

 

E.         Excess Travel Payments

 

There shall be an excess travel payment

 

1.         The excess travel payment is to be paid as follows:

 

Where the distance between a Home Care Worker’s residence and their first engagement, or the Care Worker’s last engagement and their home, is greater than 20kms, then an excess travel payment shall apply for the excess kilometres above 20kms.

 

The excess travel payment is to be paid at the rate of the kilometre allowance as provided for in this Award.

 

2.         The following conditions apply in conjunction with this provision:

 

(a)       Excess travel time shall not be included for the purposes of the calculation of the following:

 

(i)         work time

 

(ii)        contract hours

 

(iii)       leave eg: annual, long service or sick etc.

 

(b)       The excess travel payment is paid at ordinary rates and penalties do not apply.

 

(c)        Excess travel shall not be available where travel to and from a first and last engagement respectively is less than 20kms from the Home Care Branch Office.

 

3.         Travel to the Branch or office or other location on Home Care business

 

(a)       Staff who are directed to attend training, supervision, meetings or other Home Care business and who travel in excess of 20kms either way to the office or other location from their residence shall be entitled to the excess travel payment.

 

(b)       Payment is not available under this provision for any leg of travel to and from a client. 

 

4.         For the purpose of this Clause, Excess Travel Payments will not be payable where an employee relocates their residence subsequent to being employed by the Branch.

 

F.         Equipment and expenses

 

i.           Where equipment, materials and tools are supplied by the client, the employer shall ensure that they are of reasonable quantity, quality and safety standards.

 

ii.          Provided that where an employee provides his or her own equipment, materials and tools an allowance shown as tool allowance shall be paid by the employer. At the commencement of this agreement that amount was $2.37 per hour. This rate will increase at the same relative percentage rate as increases applying to the Crown Employees (Public Service Conditions of Employment 2009) Award, an award of the New South Wales Industrial Relations Commission, or any successor to that award

 

iii.         Employees required to provide consumables for use in their work shall be reimbursed the cost thereof.

 

iv.        Employees who are required in the course of their employment make local, STD or mobile telephone calls associated with rostering changes not occurring in the client’s home, and who incur a cost shall be reimbursed the costs of such calls. The employer may require production of evidence (i.e.: telephone account) supporting such claim.

 

Where calls are made from a pre-paid mobile telephone and an account is not available, the employer may require a statutory declaration supporting such claims, which will be reimbursed to a level no less than that commensurate with the general level of such calls made within that Branch.

 

v.         No payment shall be made under this clause unless the employer is satisfied that the employee has incurred such expenditure.

 

G.         Temporary Work Location

 

Employee’s who are required to perform duties at a temporary work location necessitating an overnight stay shall be eligible to be paid an amount equivalent to the actual necessary cost of accommodation and meals (excluding morning and afternoon tea).  This amount shall be paid prior to departure for the temporary work location.

 

28.       Payment for Paperwork

 

All paperwork required by the office shall be completed in work time.

 

Where time sheets cannot be submitted during normal work time, employees should be paid the travelling allowance for all additional kilometres travelled between the last client of the day and home via the Branch.

 

Branches should establish drop off points, strategically placed, to enable employees the opportunity to deliver their completed time sheets to the Branch.

 

Branches shall also establish with employee’s the most efficient method for delivery of their time sheets. For example the provision of pre-paid envelopes to the employee, the faxing of time sheets or other methods considered appropriate can be negotiated.

 

29.       Work Clothes

 

On request, the employer shall supply free of charge three sets of suitable work clothes to full-time and 50 hour contract employees and two sets of suitable work clothes to 30 hour contract and casual employees of a type agreed from time to time.

 

Work clothes shall be replaced by the employer on the basis of fair wear and tear.

 

Employees shall be provided with protective footwear and hats where the work the employee is performing requires this. Where the employer can not provide the protective footwear, employees shall be reimbursed the cost of the protective footwear on the production of receipts. Replacement shall be on the basis of fair wear and tear having regard to the hours worked.

 

Work clothes shall remain the property of the employer at all times and any employee applying for a new issue of any work clothes supplied by the employer who fails to return the last clothing issued to him or her shall not be entitled to a new issue without payment therefore. Should an employee on leaving the service fail to return any work clothes which are the property of the employer, the employer may deduct from the employee's final wage the value of the articles.

 

30.       Superannuation

 

i.           The subject of superannuation contributions is dealt with extensively by 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.  The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

Notwithstanding (i) above, the following provisions shall also apply.

 

ii.          Definitions

 

"The Fund" for the purpose of this clause shall mean the:

 

(a)        State Authorities Superannuation Scheme (SASS)

 

(b)        First State Super

 

iii.         "Ordinary Time Earnings" for the purpose of this Clause shall be accordance with SASS and FSS guidelines and as amended from time to time.

 

iv.        The Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services shall provide each employee who is not a member of the Fund with a membership application form upon commencement of this clause and thereafter upon commencement of employment.

 

v.         Each employee shall be required to complete the membership application and the employer shall forward the completed application to the Fund by the end of the calendar month of commencement of this clause or commencement of employment.

 

vi.        Each employee shall be eligible to join the Fund upon commencement of employment.

 

vii.       Each employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application.

 

viii.      The Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services shall contribute to the Fund in respect of each employee such contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 and Superannuation Guarantee Charge Act 1992 as amended from time to time.

 

ix.        The Fund and the amount of contributions paid shall be included in pay advice notices provided by the employer to each employee.

 

x.         Each employee shall be eligible to salary sacrifice up to a maximum of 30% of their income as a pre-tax contribution into First State Superannuation Scheme.

 

31.       Occupational Health and Safety

 

United Voice - NSW Branch and the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services are committed to working together to improve the Department’s occupational health and safety performance.  This will be accomplished by continuing to support the systematic approach to implementing strategies which aim specifically at reducing the level of injuries to employees.

 

Integral to this approach is an emphasis on:

 

promotion of the occupational health and safety vision

 

risk management that identifies/assesses critical risk areas

 

prevention achieved through hazard identification

 

active injury management that recognises importance of an early return to work

 

The following initiatives identified in the SafeCare Plan will continue:

 

i.           Branch Occupational Health and Safety (OHS) Improvement Groups maintained and supported will enable employees to contribute to the improvement of the Branch’s OHS performance.  Branch Managers will establish and maintain the groups through an election process based on expressions of interest.  The OHS Branch Committee Representative and the Union Delegate should also be invited to attend these group meetings to discuss OHS issues.

 

ii.          Home Care encourages union participation where appropriate at the Area level Occupational Health and Safety Strategic Committee meetings and in implementing safe work practices.

 

iii.         Home Care requests union representation at the State Occupational Health and Safety Strategic Committee which meets quarterly to review progress of the SafeCare plan, identify and promote Best Practice and set polices affecting OHS in Home Care.

 

iv.        Home Care and the Union will continue ongoing research relating to risk experience associated with hours of work, training and incidence of injury and service type.  Both parties are open to consider the implications of the research and the effect these may have on current work practices and Award/Agreement conditions of employment.

 

v.         All new employees shall receive appropriate occupational health and safety training prior to providing service to any client.

 

vi.        Employees shall complete training in manual handling prior to providing personal care to clients which involve lifting or transferring clients.

 

vii.       Employee’s shall continue to further refine risk identification beyond the initial assessment performed by the Service Coordinator from an occupational health and safety point of view utilising the Workplace Review Form within the first 2 weeks of working with a new client.  Hazard identification will be carried out by employees on a regular basis following the initial review.

 

viii.      Employees will continue to be encouraged to submit Hazard Reports. These reports will be dealt with promptly and the employee who initiated the report will "sign off" only when the hazard has been resolved.

 

(a)        Occupational Health and Safety

 

(i)         For the purposes of this subclause, the following definitions shall apply:

 

(1)        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.

 

(2)        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):

 

(1)        consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

(2)        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;

 

(3)        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

 

(4)        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 subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(b)        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.

 

(c)        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.

 

32.       Workers Compensation and Make-Up Pay

 

The circumstances under which an employee shall qualify for accident make-up pay shall be as prescribed hereunder:

 

An employer shall pay an employee accident make-up pay where the employee receives an injury for which weekly payment of compensation is payable by or on behalf of the employer pursuant to the provisions of the Workers' Compensation Act 1987 (NSW).

 

Accident make-up pay means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the Workers' Compensation Act 1987 (NSW) and the employee's ordinary rate of pay.

 

An employer shall pay, or cause to be paid, accident make-up pay during the incapacity of the employee within the meaning of the said Act until such incapacity ceases or until the expiration of a period of 26 weeks from the date  of injury, whichever event shall first occur.

 

The liability of the employer to pay accident make-up pay in accordance with this clause shall arise as at the date of the injury or accident in respect of which compensation is payable under the Act, and the termination of the employee's employment for any reason during the period of any incapacity shall in no way affect the liability of the  employer to pay accident make up payment as provided in this clause.

 

In the event that the employee receives a lump sum in redemption of weekly payments under the Act, the liability of the employer to pay accident make-up pay as herein provided shall cease from the date of such redemption.

 

PART D

 

LEAVE PROVISIONS

 

33.       Annual Leave

 

A.         Period of leave

 

(i)         A period of 28 consecutive days' leave shall be allowed annually to an employee, other than a casual, after twelve (12) months' continuous service (less the period of Annual Leave).

 

(ii)       

 

(a)       Employees who regularly perform work on Sundays and who during the qualifying period have worked a minimum of 50% of ordinary hours on Mondays through Fridays, shall accrue additional annual leave as per the following table:

 

Number of Sundays worked as in 34A(ii) (b) and/or (c)	Additional days annual leave
11 to 17	1
18 to 24	2
25 to 31	3
32 +	4

 

(b)       Additional annual leave shall be calculated annually by reference to the number of Sundays on which work is performed up to and including during the final pay period of the financial year (1 July to 30 June) and shall be credited to employee’s annual leave accruals in the second pay period of the new financial year.

 

Additional annual leave is not available in respect to part years of employment.

 

(c)        At the sole discretion of the employee and upon request, the employer shall pay as wages to the employee all or any additional annual leave accrued pursuant to this sub-clause in lieu of granting such additional annual leave.

 

B.         Annual leave exclusive of public holidays

 

Subject to this subclause the Annual Leave prescribed by this clause shall be exclusive of any of the holidays prescribed by clause 26 - Public Holidays, of this Award and if any such holiday falls within an employee's period of Annual Leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to the period of Annual Leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.

 

C.         Broken leave

 

Annual Leave shall be given and taken in a continuous period, or only if the employee and the employer so agree, in two (2) or more separate periods.

 

D.         Calculation of continuous service

 

For the purpose of this clause service shall be deemed to be continuous notwithstanding:

 

i.           Any interruption or determination of the employment by the employer if such interruption or determination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence.

 

ii.          Any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; or

 

iii.         Any absence with reasonable cause proof whereof shall be upon the employee.

 

In cases of personal sickness or accident or absence with reasonable cause the employee to become entitled to the benefit of this sub-clause shall inform the employer, in writing or by telephone, if practicable, within 24 hours of the commencement of such absence, of the inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of his or her absence. A notification given by an employee pursuant to Clause 34 - Sick Leave, of this Award shall be accepted as a notification under this subclause.

 

Any absence from work by reason of any cause not being a cause specified in this sub-clause shall not be deemed to break the continuity of service for the purposes of this clause unless the employer during the absence or within fourteen (14) days of the termination of the absence notifies the employee in writing the such absence will be regarded as having broken the continuity of service.

 

In cases of individual absenteeism such notice shall be given in writing to the employee concerned, but in the cases of concerted or collective absenteeism, notice may be given to employees by the posting up of a notification in the office, in the manner in which general notifications to employees are usually made in that office and by posting to the Union whose members have participated in such concerted or collective absenteeism a copy of it not later than` the day it is posted up in the office.

 

A notice to an individual employee may be given by delivering it to such employee personally or by posting it to his or her last recorded address, in which case it shall be deemed to have reached the employee in due course of post.

 

In calculating the period of twelve (12) months' continuous service any such absence as aforesaid shall not, except to the  extent of not more than fourteen (14) days in a twelve (12) monthly period in the case of sickness or accident, be taken into account in calculating the period of twelve (12) months' continuous service.

 

E.         Calculation of service

 

Service before the date of this Award shall be taken into consideration for the purpose of calculating Annual Leave, but an employee shall not be entitled to leave if payment in lieu has been allowed. The period of Annual Leave to be allowed under this sub-clause shall be calculated to the nearest day any broken part of a day in the result not exceeding half a day to be disregarded.

 

Where the employer is a successor or assignee or "transmittor" of a business if an employee was in the employment of the employer's predecessor at the time when it became such employer, successor or assignee or transmittor, the service with the predecessor shall for the purpose of this clause be deemed to be in the service of the employer.

 

F.         Calculation of month

 

For the purpose of this clause a month shall be reckoned as commencing with the beginning of the first day of employment or period of employment in question and as ending at the beginning of the day which in the latest month in question has the same date number as that which the commencing day had in its month and if there be no such day in such subsequent month shall be reckoned as ending at the end of such subsequent month.

 

G.         Leave to be taken

 

The annual leave provided for by this clause shall be allowed and shall be taken and, except as provided by Clause 33 A. (ii) Annual Leave, of this award thereof, accepted in lieu of annual leave.

 

H.        Time of taking leave

 

Annual leave shall be given at a time fixed by the employer within a period not exceeding six (6) months from the date when the right to annual leave accrued and after not less than four (4) weeks' notice to the employee.

 

I.          Leave allowed before due date

 

The employer may allow annual leave to an employee before the right thereto has accrued due but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after the expiration of the twelve (12) months in respect of which annual leave had been taken before it accrued.

 

Where leave has been granted to an employee pursuant to this sub-clause before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve (12) months' continuous service in respect of which the leave was granted and the amount paid by the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under Clause 33 Annual leave loading hereof, the employer shall not be liable to make any payment to the employee under Clause 33, Annual leave loading hereof, and shall be entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

 

J.          Payment for period of leave

 

Each employee before going on leave shall be paid the amount of wage that she or he would have been received in respect of the ordinary time which the employee would have  worked had he or she not been on leave during the relevant periods.

 

Ordinary pay means remuneration for the normal weekly number of hours of work calculated at the ordinary time rate of pay (or ordinary pay) does not include the calculation of shift allowances, overtime and weekend penalties relating the ordinary time.

 

Where the normal weekly number of hours is not fixed, the normal weekly number of hours of work is the average weekly number of hours worked during the period of 12 months preceding the annual leave.

 

For the purposes of this sub-clause wages shall be at the rate prescribed by Part H. Monetary Rates - Table 1 Salaries, of this Award for the occupation in which the employee was ordinarily employed immediately prior to the commencement of the leave or the termination of the employment, as the case may be.

 

K.         Proportionate leave on dismissal

 

If after one (1) month's continuous service in any qualifying twelve (12) monthly period an employee lawfully leaves his or her employment or the employment is terminated by the employer through no fault of the employee, the employee shall be paid at his or her ordinary rate of wage for 1/12 of a week at the same rate in respect of each completed week of continuous service, the service being service in respect of which leave has not been granted hereunder.

 

L.         Annual leave loading

 

i.           In addition to payment of wages due under Clause 33 J above hereof an employee before going on annual leave shall receive a loading of 17½ per cent of the appropriate ordinary rate of wages prescribed under Table 1 - Salaries.

 

ii.          Annual leave loading shall not apply to pro-rata leave on termination.

 

M.        Annual leave - notice period

 

Payment for periods of leave shall be paid to employees in their normal fortnightly manner, providing that payment shall be made to an employee before going on leave in the following circumstances:

 

i.           Payment is requested by the employee at least four (4) weeks prior to commencing leave;

 

ii.          where the period of leave is two (2) weeks or more.

 

34.       Sick Leave

 

A.         An employee, other than a casual employee, who is unable to attend for duty during his or her working hours by reason of personal illness or incapacity not due to his or her own serious or wilful misconduct, shall be entitled to be paid at the ordinary time rates of pay for the time of such non-attendance subject to the following conditions and limitations:

 

B.         Sick leave shall apply to hours worked on the weekend where the employee is a Saturday to Friday employee.  Employees employed on a Monday to Friday basis are not entitled to payment of sick leave for weekends.

 

C.         Employee’s shall not be entitled to paid leave of absence for any period in respect of which he or she is entitled to payment under the Workers' Compensation Act, 1987 (NSW). Absences due to accidents for which Workers' compensation is paid or payable shall be counted as continuous employment for the purposes of this clause.

 

D.         Employee’s shall, as soon as 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. The employer shall be solely responsible for rostering changes to facilitate continuing service to clients in the event of sick leave being taken at short notice. Where sick leave is taken for extended periods and/or is known to the team prior to being taken, it may be rostered to other Care Workers in accordance with clause 13, Distribution of Hours of this Award.

 

E.         All periods of sickness shall be certified to by a registered medical practitioner provided however, that the employer may dispense with the requirements of a medical certificate where the absence does not exceed three (3) consecutive days or where, in the employer's opinion the circumstances are such as not to warrant such requirements.

 

F.         Sick Leave shall be granted provided that:

 

i.           During each of the first three (3) months' employment one day only of sick leave shall be available each month to be granted to an employee.  A day shall represent the rostered hours of the employee.

 

ii.          On the first day of the fourth month of employment the balance of sick leave granted under subparagraph (iii) of this sub-clause shall be credited to the employee.

 

iii.         The pro rata part-time entitlement is based on an employee’s contract hours as follows:

 

Contract Hours	Yearly Sick Leave Entitlement in Hours
30	39
50	59
70	76

 

iv.        Part-time staff who do not have contract hours shall be entitled to the following:

 

(a)       Staff who regularly work 10 hours and less per fortnight are entitled to 10 hours sick leave per year.

 

(b)       Staff who regularly work more than 10 hours but less than 20 hours per fortnight are entitled to 20 hours sick leave per year.

 

v.         Sick leave shall accumulate from year to year and may be taken by an employee in addition to the sick leave entitlement available in any one year.

 

vi.        Employees who elect to remain on contract levels of 20, 40 and 60 for the implementation period as prescribed by Clause 11 (iv) Contract Hours will be provided sick leave entitlements consistent with the Care Worker Employees - Department of Ageing, Disability and Home Care (State) Award 2006, until 1 September 2010.

 

35.       Personal Carers Leave

 

A.         Use of Annual Leave

 

(i)         An employee may elect, with the consent of the employer to take 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.

 

(ii)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least ten consecutive days are taken.

 

B.         Use of Sick Leave

 

i.           An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this sub-clause, their sick leave entitlement (as outlined in Clause 34) for absences to provide care and support for such persons when they are ill.

 

ii.          The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

iii.         The entitlement to use sick leave in accordance with this sub-clause is subject to:

 

1.         the employee being responsible for the care of the person concerned; and

 

2.         the person concerned being either:

 

(a)        a member of the employee’s immediate family; or

 

(b)        a member of the employee’s household.

 

3.         the term "immediate family" includes;

 

iv.        a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person, means 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; and

 

v.         a child or an adult child (including an adopted child, a step or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

 

vi.        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 their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it 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.

 

C.         Personal Carers Entitlement for Casual employees

 

(i)         Subject to the evidentiary and notice requirements in subclause 1(ii) and subclause1(iv) 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 1.1.3(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(ii)        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.

 

(iii)       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.         Use of Domestic Leave

 

An employee (other than a casual) shall be entitled to 3 days paid leave at the ordinary rate of pay for each completed year of service, accumulating to a maximum of 5 days. A day shall be the hours that would have been worked and shall be counted as a day of domestic leave. Domestic leave will have no operation whilst an employee is on any other leave.

 

Where possible, employees shall give prior notice of absence stating the reason for taking leave, the name of the family member and the relationship to the employee where applicable and estimated length of absence. Employees shall notify by phone where they cannot give written notice.

 

Circumstances where Domestic Leave applies:

 

bereavement

 

family care in emergency circumstances

 

compassionate grounds - such as an illness of a family member

 

citizenship ceremonies

 

emergency or weather conditions, such as flood, fire, snow, etc where property is threatened an/or it prevents an employee from reporting for duty.

 

Circumstances where this leave does not apply:

 

attendance at court to answer criminal charges

 

to cover absences due to social activities or requirements

 

moving residence

 

E.         Bereavement entitlements for Casual employees

 

(i)         Subject to the evidentiary and notice requirements in subclause (1) (ii) and (iv), 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 1 (iii) of clause 35 Personal/Carers Leave.

 

(ii)        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

 

(iii)       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.

 

F.         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 to a family member who is ill.  The Home Care Service undertakes to look favourably upon applications for unpaid leave during periods of family need.

 

G.         Annual leave

 

Notwithstanding the provision of this clause, an employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them.

 

H.        Maximum number of days

 

The maximum amount of sick leave, leave without pay or domestic leave which may be taken in any one year shall be five days.

 

I.          Grievance process

 

In the event of any dispute arising in connection with any part of this clause, such a dispute shall be processed in accordance with the dispute settling provisions of this Award.

 

36.       Parental Leave

 

A.         Nature of Leave

 

The provision of this clause applies to full-time and part-time employees, but does not apply to casual employees.

 

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. Paternity and adoption leave are unpaid.

 

B.         Definitions

 

"child" means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

 

"continuous service" means service under an unbroken contract of employment and includes:

 

i.          any period of leave taken in accordance with this clause;

 

ii.         any period of part-time employment worked in accordance with this clause or;

 

iii.        any period of leave or absence authorised by the employer or by the Agreement.

 

"female employee" means an employed female who is pregnant or is caring for a child she has borne or a child who has been placed with her for adoption purposes.

 

"former position" means the position held by a female or male employee immediately before proceeding on leave or part-time employment under this sub-clause whichever occurs first or, if such position no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing, a position as nearly comparable in status and pay to that of the position first mentioned in this definition.

 

"male employee" means an employed male who is caring for a child born of his spouse or a child placed with the employee for adoption purposes.

 

"primary care-giver" means a person who assumes the principal role of providing care and attention to a child.

 

"relative adoption" occurs where a child, as defined, is adopted by a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).

 

"spouse" for the purpose of maternity and paternity leave includes a de facto or former spouse.

 

"spouse" for the purpose of adoption leave includes a de facto spouse but does not include a former spouse.

 

C.         Basic entitlement

 

After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

 

Parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

 

i.           for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child;

 

ii.          for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

 

D.         Maternity leave

 

i.           An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

 

(a)       at least 10 weeks prior to the date of confinement a medical certificate from a registered medical practitioner stating that the employee is pregnant and their expected date of confinement.

 

(b)       At least 4 weeks prior to the employee commencing maternity leave, the employee is required to advise the employer the proposed date to commence maternity leave. The period of leave to be taken is a minimum of 6 weeks compulsory leave.

 

(c)        An employer by not less than 14 days notice in writing to the employee may require her to commence maternity leave at any time within the six week immediately prior to her presumed date of confinement.

 

ii.          When the employee gives notice under (D), (i), (a), the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

 

iii.         An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

 

iv.        Unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.

 

v.         Where an employee not then on maternity leave suffers an illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under sub-clause 37.

 

vi.        Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to return to her normal duties of work.

 

vii.       Where the pregnancy of an employee terminates after 28 weeks and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under subclause 36 C.

 

viii.      Where leave is granted under subclause 36C, during the period of leave an employee may return to work at any time, to the position which she held immediately before proceeding on such leave, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

 

ix.        Where the pregnancy of an employee terminates before 28 weeks, other than by the birth of a living child and the employee has not commenced maternity leave, the maternity leave will be cancelled and the employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

 

Payment for maternity leave

 

An employee who is eligible for Maternity Leave shall be paid for 9 weeks full pay from the date of commencing maternity leave.

 

Payment in advance

 

A woman may elect to be paid in advance but not in a lump sum. Payment in advance is to be made on a regular fortnightly basis.

 

E.         Paternity leave

 

i.           An employee will provide to the employer at least ten weeks notice prior to each proposed period of paternity leave, with:

 

(a)       a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

 

(b)       written notification of the dates on which he proposes to start and finish the period of paternity leave; and

 

(c)        a statutory declaration stating:

 

i.           he will take that period of paternity leave to become the primary care-giver of a child;

 

ii.          particulars of any period of maternity leave sought or taken by his spouse; and

 

iii.         that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

 

iv.        The employee will not be in breach of subclause 36 (E), (i), if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances. The employee shall immediately notify the employer of any change in the information provided to the employer pursuant to subclause 36 (E) (a), (b) & (c).

 

v.         Cancellation of paternity leave

 

Paternity leave applied for but not commenced, shall be cancelled when the pregnancy of the employee’s spouse terminates other than by the birth of a living child.

 

F.         Adoption leave

 

An employee, upon production to the employer of the documentation required shall be entitled to one or two periods of adoption leave, the total of which shall not exceed 52 weeks, in the following circumstances:

 

i.           An unbroken period of up to three weeks at the time of the placement of the child’s;

 

ii.          An unbroken period of up to 52 weeks from the time of its placement in order to be the primary care-giver of the child. This leave shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the employees spouse in relation to the same child. This entitlement of up to 52 weeks shall be reduced by:

 

(a)       Any period of leave taken pursuant to sub-clause 36 H hereof and;

 

(b)       The aggregate of any periods of adoption leave taken or to be taken by the employee’s spouse.

 

The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

 

Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

 

i.           the employee is seeking adoption leave to become the primary care-giver of the child;

 

ii.          particulars of any period of adoption leave sought or taken by the employee’s spouse; and

 

iii.         that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

 

An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

 

Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

 

An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier o later placement of a child, the death of a spouse, or other compelling circumstances.

 

An employee seeking to adopt a child is entitled to take unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employer is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such paid leave instead.

 

G.         Variation of period of parental leave

 

Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion.

 

Any such change to be notified at least four weeks prior to the commencement of the changed arrangements except in the case of maternity leave where the period of maternity leave may be lengthened or shortened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened or shortened.

 

The period may be further lengthened or shortened by agreement between the employer and the employee.

 

H.        Parental leave and other entitlements

 

An employee may in lieu of or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks.

 

I.          Transfer to a safe job

 

i.           Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

 

ii.          If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee, to commence parental leave.

 

J.          Returning to work after a period of parental leave

 

i.           An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

 

ii.          An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to sub-clause 36 I i. hereof, the employee will be entitled to return to the position they held immediately before such transfer.

 

iii.         Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

 

K.         Replacement employees

 

i.           A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

 

ii.          A replacement employee will be informed of the temporary nature of the employment and of the rights of the employee who is being replaced.

 

L.         Effect of parental leave on employment

 

Absences in relation to parental leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service.

 

M.        Termination of employment

 

An employee on Parental leave may terminate their employment at any time during the period of leave by notice given in accordance with this Agreement.

 

An employer shall not terminate the employment of an employee on the ground of their pregnancy or of their absence on Parental leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

 

N.         Part-time work

 

With the agreement of the employer:

 

i.           A male employee may work part-time in one or more periods at any time from the date of birth of the child until its second birthday or, in relation to adoption, from the date of placement of the child until the second anniversary of the placement.

 

ii.          A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy, necessary or desirable.

 

iii.         A female employee may work part-time in one or more periods at any time from the seventh week after the date of birth of the child  until its second birthday.

 

iv.        In relation to adoption a female employee may work part-time in one or more periods at any time from the date of the placement of the child until the second anniversary of that date.

 

O.         Return to former position

 

i.           An employee who has had at least 12 months continuous service with an employer immediately before commencing  part- time employment after the birth or placement of a child has, at the expiration of the period of such part-time employment or the first period, if there is more than one the right to return to his or her former position.

 

ii.          Nothing in paragraph (i) hereof shall prevent the employer from permitting the employee to return to his or her former position after a second or subsequent period of part-time employment.

 

P.         Effect of part-time employment on continuous service

 

Commencement on part-time work under this clause, and return from part-time work to full-time work under this clause, shall not break the continuity of service or employment.

 

Pro rata entitlements

 

Subject to the provisions of this sub-clause part-time employment shall be in accordance with the provisions of this Award which shall apply on a pro rata basis.

 

Q.         Transitional arrangements - annual leave

 

i.           An employee working part-time under this sub-clause shall be paid for and take any leave accrued in respect of a period of full-time employment, in such periods and manner as specified in the annual leave provisions of this Award, as if the employee were working full-time in the class of work the employee was performing as a full-time employee immediately before commencing part-time work under this sub-clause.

 

ii.          a full-time employee shall be paid for and take any annual leave accrued in respect of a period of part- time employment under this sub-clause, in such periods and manner as specified in this Award, as if the employee were working part-time in the class of work the employee was performing as a part-time employee immediately before resuming full-time work.

 

iii.         provided that, by agreement between the employer and the employee, the period over which the leave is taken may be shortened to the extent necessary for the employee to receive pay at the employee's current full-time rate.

 

R.         Transitional Arrangements - Sick Leave

 

An employee working part-time under this clause shall have sick leave entitlements which have accrued under this Agreement (including any entitlement accrued in respect of previous full-time employment) converted into hours. When this entitlement is used, whether as a part-time employee or as a full-time employee, it shall be debited for the ordinary hours that the employee would have worked during the period of absence.

 

S.         Part-Time work agreement

 

Before commencing a period of part-time employment under this subclause the employee and the employer shall agree:

 

i.           that the employee may work part-time;

 

ii.          upon the hours to be worked by the employee, the days upon which they will be worked and commencing times for the work;

 

iii.         upon the classification applying to the work to be performed; and

 

iv.        upon the period of part-time employment.

 

The terms of this Agreement may be varied by consent.

 

The terms of this Agreement or any variation to it shall be reduced to writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

 

The terms of this Agreement shall apply to the part-time employment.

 

T.         Termination of employment

 

The employment of a part-time employee under this clause, may be terminated in accordance with the provisions of this Agreement but may not be terminated by the employer because the employee has exercised or proposes to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.

 

Any termination entitlements payable to an employee whose employment is terminated while working part-time under this clause, or while working full-time after transferring from part-time work under this clause, shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis.

 

U.         Extension of Hours of Work

 

An employer may request, but not require, an employee working part- time under this clause to work outside or in excess of the employee's ordinary hours of duty.

 

V.         Nature of part-time work

 

The work to be performed part-time need not be the work performed by the employee in his or her former position but shall be work otherwise performed under this Agreement.

 

W.        Inconsistent agreement provisions

 

An employee may work part-time under this clause notwithstanding any other provision of this Agreement which limits or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including provisions:

 

i.           limiting the number of employees who may work part-time;

 

ii.          establishing quotas as to the ratio of part-time to full-time employees;

 

iii.         prescribing a minimum or maximum number of hours a part-time employee may work; or

 

iv.        requiring consultation with, consent of or monitoring  by a union; and such provisions do not apply to part-time work under this clause.

 

X.         Replacement employees

 

i.           A replacement employee is an employee specifically engaged as a result of an employee working part-time under this subclause.

 

ii.          A replacement employee may be employed part-time to the part-time employment of a replacement employee.

 

iii.         Before an employer engages a replacement employee under this sub-clause, the employer shall inform the person of the temporary nature of the employment and of the rights of the employee who is being replaced.

 

iv.        Unbroken service as a replacement employee shall be treated as continuous service.

 

v.         Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

 

Other Parent Leave

 

A.         An employee, other than a casual employee, who has completed 12 months' continuous service with the employer prior to the commencement of 'other parent' leave, shall be entitled to unpaid "other parent' leave under the following conditions:

 

(i)         Up to a maximum of eight week's simultaneous unpaid leave;

 

(ii)        A further continuous period of unpaid leave to become the primary care giver for a period not exceeding 12 months less any leave already taken by the staff member as provided for in paragraph (i) of this subclause.

 

(iii)       Provided that an employee shall:

 

(a)       give 10 weeks' notice of his or her intention to take 'other parent' leave;

 

(b)       make a statutory declaration:

 

that he or she is applying for leave to become the primary caregiver;

 

detailing maternity or adoption leave sought or taken by his or her spouse;

 

that he or she will take another job or in any other way contravene his or her contract of employment while on 'other parent' leave,

 

B.         Right to request

 

(i)         An employee entitled to either maternity, adoption or 'other parent' leave, other than a casual employee, may request the employer to allow the employee:

 

(a)       to extend the period of unpaid maternity, adoption or 'other parent' leave for a further continuous period of leave not exceeding 12 months;

 

(b)       to return from a period of maternity, adoption or 'other parent' leave on a part-time basis until the child reaches school age 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.

 

C.         Communication during maternity, adoption or 'other parent' leave

 

(i)         Where an employee is on maternity, adoption or 'other parent' 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 maternity, adoption or other parent 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 maternity, adoption or 'other parent' 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 maternity, adoption or 'other parent' 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 change of address or other contact details which might affect the employer’s capacity to comply with paragraph (i).

 

D.         Casual Employees

 

(i)         An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)       the employee or employee's spouse is pregnant; or

 

(b)       the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

37.       Other Leave

 

(1)        Jury Service

 

An employee (other than a casual employee) required to attend for jury service during his or her ordinary working hours shall be reimbursed an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time which would have been worked had the employee not be on jury service.

 

(2)        Study Leave

 

(i)         Study leave shall be paid leave subject to the terms and conditions set out below:

 

(a)       Study Leave applies to all permanent employees including those employed on a part-time basis.

 

(b)       The course of study must be work related.

 

(c)        Decisions regarding the approval or otherwise for study leave shall not be the subject of an appeal to any service tribunal or any other industrial and/or lawful tribunal, commission or court.

 

(d)       Study Leave shall be granted and taken at the convenience of the Home Care Service. Such convenience shall take into consideration such factors as the necessity of an employee to be at work on specific days or times, availability of relief staff and service requirements concerning training or other requirements.

 

(ii)        Study Leave shall be granted subject to the following criteria and conditions:

 

(a)       Study Leave is granted on the basis of half an hour of leave for each hour of face-to-face lectures, or equivalent, up to a maximum of four hours.

 

(b)       Such Leave shall be cumulative and may be taken as examination leave or for field work purposes following approval.

 

(c)        Study Leave shall not accumulate from year to year.  Each academic year shall stand alone.

 

(d)       No travel time or travel allowance is payable.

 

(e)        All payment for Study Leave shall be at the ordinary rate of pay.

 

(3)        Religious Leave

 

The Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services may grant leave for essential religious or cultural obligations.  Management will be sensitive in accommodating the needs of staff to access their leave entitlements and flexible work hours for the purposes of observing religious duties.

 

Permanent employees of:

 

(a)       Any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or

 

(b)       Any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations

 

may be granted access to recreation or long service leave to credit or leave without pay to do so, so long as adequate notice is given by the employee and it is operationally convenient for the employee to be released from duty.

 

In determining what is an essential religious or cultural obligation the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services will be guided by the Days of religious Significance for Multicultural NSW as distributed by the Community Relations Commission of NSW.

 

(4)        Military Leave

 

Permanent employees who are volunteer part-time members of the Australian Defence Forces may be granted military leave, subject to Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services convenience.

 

Such leave maybe granted on full pay for permanent rostered hours, during ordinary working hours, for absences required for compulsory annual training or attendance at training, education, instruction or compulsory parades and may include the minimum time spent in travelling to attend the aforementioned items provided no payment has been received from the defence forces

 

The leave entitlement is:

 

Up to 24 working days per year to members of the Naval and Military Reserves; and

 

Up to 28 working days per year to members of the Air Force Reserves.

 

The military leave year is from 1 July of one year to 30 June of the next year.

 

Any further leave required in excess of the maximum may be charged against recreation or extended leave credits or taken as leave without pay.

 

Employees may be granted special purpose leave of up to one day to attend medical examinations and tests required for acceptance as volunteer part-time members of the Australian Defence Forces.

 

PART E

 

TRAINING

 

38.       Training Program

 

A Training Committee shall be established consisting of equal numbers of employer and Union representatives.

 

The role of the Training Committee will be to advise on the development of a training program consistent with:

 

i.           the skill needs identified in the new classification structure;

 

ii.          the size, structure and nature of the operations of the Home Care Service;

 

iii.         the establishment of skill related career paths and promotion opportunities;

 

iv.        the introduction of properly accredited training;

 

Such training shall be undertaken by employees in the employer's time and training resource materials will be paid for by the employer.

 

Access to training should be on:

 

i.           an equitable basis

 

ii.          with the training requirements of the Branch in mind

 

iii.         within current Branch budgets

 

Employees should be consulted about available training and processes should be put into place to select the participants for training.

 

39.       Regular Staff Meetings

 

Branches shall provide regular support and supervision both on an individual and a group basis, as appropriate

 

The Union Organiser shall be informed by the Branch Manager of formal group sessions relating to industrial changes, in order to respond to questions from employees.

 

The Union Organiser may also be informed of other appropriate group employee’s sessions to facilitate access to staff.  Should the Union Organiser attend after such sessions, notification will be required to the Branch Manager prior to the session taking place.  This will enable Service Coordinators to re-roster services if required.

 

The Branch Manager will in turn notify employees that the Union Organiser will be attending after the session.

 

Time spent with Union Organisers will not be paid, unless otherwise notified by Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services,, and attendance is voluntary for both members and non members.

 

40.       English Tuition Training

 

The employer shall grant employees of non English speaking background who are unable to adequately communicate in the English language, time off without loss of pay during normal working hours to attend English language asses conducted by the employer or any other recognised statutory authority (including the Adult Migrant Education Service).

 

The development of this Training will be referred to the Training Committee as per Clause 38, Training Program, of this Award.

 

41.       Trade Union Training

 

Employees nominated by the Union to attend during ordinary working hours a course organised and conducted by the Union, or a training provider nominated by the Union, shall do so without loss of ordinary pay, subject to the following:

 

i.           That the employer receive not less than four (4) weeks written notice of nomination from the Union, setting out the time, dates, content and venues of the course.

 

ii.          That not more than one (1) person at a time from any one Branch are nominated with no individual receiving payment for more than 40 hours training per year.

 

iii.         That a maximum of 800 hours per financial year, non cumulative, is available for trade union training for each year.

 

iv.        That the employer is satisfied that the course is of such a nature as to be calculated to assist in reducing labour disputes and in advancing industrial relations in the industry.

 

PART F

 

LIVE-IN HOUSEKEEPER

 

42.       Live-in Housekeeper

 

A.         Terms and conditions

 

The terms and conditions contained in the clause shall be in substitution for and not cumulative upon the following clauses of the Agreement.

 

Clause Number	Subject
27	Additional payment and allowances
12	Hours of Work
24	Penalty Rates for ordinary time and Weekends
25	Overtime
26	Public Holidays

 

For the purposes of this clause, such substitution shall only apply while the employee is working as a Live-in Housekeeper.

 

i.           In respect of persons not permanently appointed as Live-in Housekeepers, in so far as c1ause 33 - Annual Leave and Clause 34 - Sick Leave, of this Agreement are concerned, hours worked under this clause shall be limited to eight (8) hours of every 24 for calculation purposes.

 

ii.          Live-in Housekeeper shall mean an employee of the Home Care Service of New South Wales, who provides one of or a combination of Oncology, Home Aide, Handy person and Personal Care duties, and would normally live at the client's premises for a period in excess of 24 hours.

 

B.         Weekly rate

 

i.           The total weekly remuneration for a Live-in Housekeeper shall be calculated as follows:

 

ii.          Weekly Rate for Grade 3 + Special Loading + All Incidents Loading = Total Weekly Rate.

 

iii.         The Special Loading is calculated by obtaining 3.5% of the Grade 3 weekly rate. The special loading is in recognition of all factors, including but not limited to, the special pressures, responsibilities and climate inherent in the work of a Live-in Housekeeper.

 

iv.        The All Incidents Loading is calculated by obtaining 50% of the sum of the Grade 3 weekly rate plus the Special Loading. The All Incidents Loading of 50% take into account all incidents of employment inherent in the work and conditions of employment of Live-in Housekeepers, including but not limited to, the requirement to reside at the client's home and to  perform work, and be available for the performance of work at all such times of the day and night as the job and the client's needs may require.

 

C.         Daily rate

 

i.           The daily rate for a live-in housekeeper shall be calculated as follows:

 

ii.         

 

Weekly rate for live-in housekeeper  +	25%	=   daily rate
5

 

iii.         For the purpose of this sub-clause a day shall be defined as a period of 24 consecutive hours.

 

iv.        The minimum payment for work performed under this sub-clause shall be one day (24 hours) at the daily rate

 

v.         Work performed under this sub-clause shall be for relief and temporary purposes only.

 

vi.        An employee who works under this clause as a relief Live-in Housekeeper shall be entitled to a minimum (8) eight hours off duty between the termination of the Live-in Housekeeper engagement and the commencement of any subsequent engagement under this  Award, other than Live-in Housekeeper.

 

vii.       An employee who is not required to work their normal rostered work as a result of being on an (8) eight hour break will not be entitled to payment for that rostered work.

 

viii.      An employee who is required to work without an eight (8) hour break off duty shall be entitled to be paid overtime rates as prescribed in Clause 25 (A) of this award.

 

D.         Time off

 

i.           After each five (5) consecutive days of duty a Live-in Housekeeper shall be entitled to two (2) consecutive days off. Provided that:

 

(a)       Such days may accumulate to a limit of six (6) and in any case must be taken at the conclusion of such service.

 

(b)       Where it is mutually agreed between the employer and the employee that under special circumstances the days of duty should continue, such days may accumulate to a limit of eight (8) to be taken at the conclusion of such service.

 

Provided that the Live-in Housekeeper shall continue to receive their normal weekly wage pursuant to Clause 22 Payment of Wages, of this Agreement during such days off.

 

ii.          A Live-in Housekeeper will accrue one paid rostered day off per four (4) completed weeks of work (i.e. after each nineteen (19) working days). Such days off may accumulate only to a maximum of three (3).

 

E.         Travel

 

Before proceeding to an assignment the employee shall determine the most appropriate mode of travel to and from the assignment. Such travel cost shall be calculated and paid as such, whether or not the employee uses the mode of travel. However, in isolated establishments discussion will take place between the employer and employee in relation to the use of the employee’s motor vehicle.

 

Where motor vehicle is the most appropriate mode of travel, kilometre allowance in accordance with the provisions of Clause 27 - Additional Payments and Allowances, of this Agreement shall apply.

 

F.         Commencement and cessation

 

Designated commencement of work insofar as place, date and time are concerned shall be calculated by the employer. Designated cessation of work insofar as place, date and time are concerned shall be calculated by the employer. Provided that time spent travelling shall be regarded as time worked.

 

G.         Reimbursement of meals

 

In the event of whether all or some of breakfast, lunch and dinner not being provided the employer shall reimburse such reasonable amounts for same, upon proof of expenditure.

 

H.        Annual leave

 

Subject to Clause 33 - Annual Leave and Clause 42 - Live in Housekeeper, of this Agreement hereof, a full-time Live-in housekeeper employed and paid as such shall accrue an additional week's leave for every twelve (12) months of continuous service on a pro-rata basis

 

PART G

 

EMPLOYEE REPRESENTATION

 

43.       Assistance With the Dispute Settling Process

 

A.         ASSISTANCE IN GRIEVANCE AND DISPUTE SETTLEMENT

 

The Branch Secretary of United Voice - NSW Branch or any person authorised in writing by the Union, shall have the right to enter the Branch office during its hours of operations for the purpose of assisting with the grievance and dispute settling procedures under this Award, in accordance with the provisions of the New South Wales Industrial Relations Act. 

 

B.         ASSISTANCE IN OBSERVANCE OF THE AWARD

 

For the purposes of assisting employees with their rights and obligations under this Award, an employee may be appointed a Union Delegate in the Branch in which he or she is employed and shall, upon notification thereof to the employer, be recognised as the accredited representative of United Voice - NSW Branch.  He or she shall be allowed the necessary opportunity during office hours to speak with other employees, and the employer, and to assist in ensuring that all parties understand their rights and obligations under this agreement. As part of this role, the following shall in apply in relation to the union delegate.

 

(i)         The employer shall, subject to approval by the Branch Manager, allow the delegate reasonable access to office equipment such as photocopiers, facsimile machines and computer terminals pursuant to their assistance role, provided that such access is not disruptive to normal office procedures. The Branch Manager shall not unreasonably withhold approval.

 

(ii)        A current copy of the Award shall be permanently placed on or near such notice-board, and a copy given to each employee upon request.

 

(iii)       The Branch Manager shall advise the local union delegate in writing of the time, date and location of any induction course for new employees under this agreement. Such notice is to be given a minimum of seven days prior to that induction course occurring, or as soon as possible where such induction course is arranged to occur at shorter notice.

 

(iv)       The local union delegate, and/or an officer of the union, shall be allowed a maximum of 15 minutes to address new employees at such course in relation to the role of the union, and to offer union membership to any attendees.

 

(v)        Each branch shall take steps to facilitate re-rostering of delegates to ensure attendance by the delegate is practicable, and take steps to ensure that, where possible, the total number of hours worked by such delegate in that pay period are not decreased as a result of such attendance.

 

C.         INSPECTION OF TIME AND WAGES RECORD

 

The time and wages record shall be open for inspection to a duly accredited Union official during the usual office hours at the employer's office or other convenient place.

 

A duly accredited official of the Union, making an inspection of time and/or wages records shall be entitled to take a copy or copies of entries made in those records relating to a suspected breach of the Award.

 

Provided that an inspection shall not be demanded unless an authorised official of the Union suspects that a breach of this Award has been committed.

 

44.       Time and Wages Record

 

A.         The employer shall keep a record from which can be readily ascertained the name; the grade/classification; the hours worked each day; the rate of wages and the amount of wages paid for each employee.

 

B.         Notwithstanding anything elsewhere contained in this Award the employer may select and utilise, for time-keeping purposes, any fraction or decimal proportion of an hour (not exceeding quarter of an hour) and may apply such proportion in the calculation of the working time of employees who report for duty after their appointed starting times, or cease duty before their appointed finishing times. An employer who adopts a proportion for the aforesaid purpose shall apply the same proportion for the calculation of overtime.

 

C.         An employer shall retain time and wages records going back a period of seven years.

 

PART H

 

ANTI-DISCRIMINATION

 

45.       Anti-Discrimination

 

(i)         It is the intention of the parties bound by this award to seek to achieve the objective in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(ii)        It follows that, in fulfilling their obligations under the grievance 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 provisions of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Notes:

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in 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."

 

PART I

 

MONETARY RATES

 

Table 1 - Salaries

 

Classification	Basis	Rate  per hour	Rate per week
		1st Full pay	1st Full pay
		on or after	on or after 1
		1 Sept 2015	Sept 2015
		(2.5% Increase)	(2.5% Increase)
Home Aide/	Permanent	21.43	814.21
Home Aide/	Casual	25.71
Grade 1	Permanent	21.15	803.86
Grade 1	Casual	25.39
Grade 2	Permanent	22.21	844.09
Grade 2	Casual	26.66
Grade 3	Permanent	24.02	912.60
Grade 3	Casual	28.82
		Weekly Rate	Daily rate
		(38 hours per week)
Live in Housekeeper	Permanent	1416.81	354.20
Live in Housekeeper	Casual	1700.17	425.04

 

Table 2 - Other Rates and Allowances

 

Description	FFPP 1 Sept 14
Overnight Care	$144.33 per task
Presenter - Gd 4	$25.66
Competency Assessor - Gd 4	$25.66
Equipment Allowance	$2.53
Tea Money	$11.40
Travel Allowance	77 cents per kilometre

 

Appendix A

 

CARE WORKER AVAILABILITY REGISTER FORM

 

As outlined in Clause 12 of the Care Worker Award employees must make themselves available for work for a minimum number of availability time periods in accordance with their current contract level.  The table below specifies the minimum number of availability time periods for each contract level.

 

Contract Level	Minimum number of	Weekend Availability for
	Availability Time Periods	Saturday - Friday Care
		Workers
30	8 x 6hrs	Nil
50	12 x 6hrs	1 in 4
70	16 x 6hrs	2 in 4

 

You must select the times and days that you will be available in line with these minimum requirements.  Please note that you may provide a greater number of availability time periods if you choose to make yourself available for additional work.

 

The time periods should not overlap and any proposed availability must be agreed, (within the service hours available in the branch), between the employee and the employer prior to the availability being accepted by your supervisor.

 

A maximum of two (2) six hour time periods can be selected in each 24 hour period.

 

Time periods nominated of greater than six hours but less than twelve hours will be regarded as one time period only.

 

Monday to Friday contracted employees can restrict their time period selections to Monday to Friday only.

 

You must have a break between shifts of at least 8 hours or choose a break of 10 hours

 

Availability nomination

Current contract level (circle one)

30 hours

50 hours

70 hours

Minimum break between shifts (circle one)

8 hours

10 hours

Desired contract level (circle one)

30 hours

50 hours

70 hours

Availability Time Period

Day of the Week

Week 1

Week 2

Start

Finish

Start

Finish

Start

Finish

Start

Finish

Saturday

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

 

Optional:

 

YES / NO,    I would like to be considered for Overnight Care work.

 

YES / NO,    I would like to be considered for Live-In Housekeeper work.

 

I, .......................................................... (Print full name) agree to the above minimum number of availability time periods as required by Clause 12 Hours of Work.

 

Signature:  ________________________________________Date:   ______/_______/________

 

Supervisor Signature: _______________________________Date:   ______/_______/________

 

Appendix B

 

HIGHER DUTIES/MULTI-SKILLING AGREEMENT

 

TO: ...................................................................................... (Employee’s Name)

 

FROM: ................................................................................ (Branch Mgrs Name)

 

As per Clause 17 of the  Care Worker Employees - Department of Family and Community Services- Ageing Disability and Home Care (State) Award 2011I offer you the opportunity to undertake permanent Grade 3 work up to 50% of your current contract level.

 

Current contract level: ......................... 50% of minimum contract level ...........................

 

As a result of accepting this offer the following conditions will apply:

 

(i)         Working Grade 3 hours up to 50% of your contract level may necessitate an increase in contract hours. Should you no longer choose to undertake Grade 3 work, Home Care will, wherever possible, endeavour to maintain your current contract level.

 

(ii)        However, as per your request the removal of Grade 3 hours may require the Care Worker Employees - Department of Family and Community Services- Ageing Disability and Home Carenot being able to maintain your current contract level with Grade 2 work. Home Care reserves the right to return you to the contract level you were on prior to accepting the additional Grade 3 work and will notify you prior to your decision becoming effective.

 

Branch Mgr (Signature) .......................................... Date: ......../......../..........

 

I understand the terms and conditions of Clause 17 regarding my contract hours and accept the above offer.

 

Employee (Signature) ........................................... Date: ......./......../..........

 

*******************************************************************

 

REQUEST TO WITHDRAW FROM UNDERTAKING GRADE 3 WORK

 

I wish  to notify you that effective from pay period ending ....../....../...... that I no longer wish to undertake Grade 3 work as previously offered. I understand that as a result of this decision my contract hours may be reviewed back to the original contract level.

 

Employee (Signature)  ............................................  Date:  ........./......./.........

 

____________________________________________________________________________________

 

OFFICE USE ONLY

 

(Delete whichever is not applicable)

 

1.         Employee returned to original contract level

 

2.         Employee able to be maintained on current contract level

 

Signature: ...................................................  Date:  ......../......../........

 

Position held:  ................................................................................................................................

 

Appendix C

 

OFFER OF A FIXED TERM CONTRACT

 

Employees Name: ...............................................................................

 

Employees Address: ............................................................................... Post Code: ...............

 

Dear .............................................,

 

You have recently been successful in obtaining the position of Care Worker Grade ......... Your conditions of employment are as follows:

 

1.         Your conditions of employment will generally be those specified in Care Worker Employees - Department of Family and Community Services- Ageing Disability and Home Care (State) Award 2011. Any variation from these conditions will be specified in this contract.

 

2.         You will be employed for a fixed term. Your employment will commence from ....../....../....... and will cease on ....../......./.......

 

3.         The minimum number of hours you will be required to work will be .......... per fortnight.

 

4.         Should the client no longer require services provided by the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services, then you will be provided with four weeks notice of termination or four weeks payment in lieu of such notice. Such payment would not be made where services are being terminated on the grounds of misconduct or unsatisfactory service.

 

5.         Employee’s will be required to provide the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services with a least 2 week’s notice of intention to terminate the contract.

 

6.         Service provision guidelines allows the client to have the final say as to the person who provides such services required by them. For this reason, the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services would consider you to be on trial for a period of four (4) weeks to assess the compatibility with the client seeking the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services If during the four (4) week period the client does not wish to continue the service then your employment would cease from the close of business upon receipt of that advice or upon the employment of a suitable replacement which ever is more appropriate.

 

7.         Should the client for whatever reason decide to seek the provision of services from the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services but ask that another employee provide such services after the trial period, the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services will provide the following:

 

(i)         Four (4) weeks payment in lieu of notice. Such payment would not be made where services are being terminated on the grounds of misconduct or unsatisfactory service causing the client to seek services to be provided by another employee of the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services 7. Due to the nature of your employment being specific to the needs of a particular client(s), should that client(s) not require the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services for a specific period of time, which will be in excess of a week, your employment with the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services will be suspended until the client requires the service to re-commence.

 

Such suspension of services will be without pay. Examples of a situation where the client may not require the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services for a given period may be when they do into a period of hospitalisation or respite care, proceed on holidays or may have a family member staying with them that will provide the services normally provided by Home Care.

 

8.         The provisions of Clause 21 of the above mentioned Award are not applicable to your employment.

 

Branch Mgr (Signature): ......................................................... Date: ......./....../......

 

ACCEPTANCE

 

I, ................................................... fully understand and accept the conditions and terms as set out in the above contract. I accept employment with the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services in the terms of the contract.

 

Employee (Signature): .......................................................... Date: ......./....../.......

 

Appendix D

 

CARE WORKER SELF ROSTERING CHECKLIST

 

Before agreeing to accept new work or changing the day and/or time of service you currently provide, you must consider the following.

 

	Quality Conditions
1.	Is the client happy with the changes being negotiated.	YES or no
2.	Is the change consistent with the CARES principles.	YES or no
3.	Will the change being negotiated maintain either your health and safety, or the	YES or no
	health and safety of your client.
	Award Conditions
4.	Will you be taking a break after 5 hours work  including travel time (meal, crib	YES or no
	or break of engagement).
5.	Will you be working 8 hours or less in the day.	YES or no
6.	Will you be working 76 hours or less in the fortnight.	YES or no
7.	Will the change mean you have not taken an 8 consecutive hour break within the	YES or no
	current 24 hour period.
8.	Will the change mean that you remain working within your agreed availability.	YES or no
	Cost Care Conditions
9.	Will the change maintain your contract hours for the affected fortnight.	YES or no
10.	Will the change avoid a minimum start.	YES or no
11.	Will the change avoid a break of engagement (break at the Department of
	Ageing, Disability and Home Care's convenience).	YES or no
12.	Will the change attract a similar penalty rate.	YES or no
13.	Will you be working within your geographical area.	YES or no
14.	For Grade 2 staff only
	Will you be accepting Grade 3 work in the fortnight that is less than 50% of	YES or no
	your minimum level of contract hours.

 

To nominate for new work offered or make temporary changes to your current roster, your answers MUST be all YES.

 

If you answer NO to any of the questions above please seek advice from your Service Coordinator.

 

If you require more work, either on a temporary or permanent basis, you should discuss your request with your Service Coordinator so that they are aware of your needs.

 

Appendix E

 

Guidelines to use when Initiating Changes to Client Service.

 

The following guidelines have been developed to assist Care Workers when determining the appropriateness of self-rostering.  These guidelines should be used in conjunction with the Role of Care Workers (see WPI 3) and Care Workers Self-Rostering Checklist.  Advice should be sought from the Service Coordinator where doubts arise.

 

1.         Care Workers and clients may approach one another directly to request a change of time and or day in the following instances:

 

where the request would result in more efficient and safer rostering;

 

where the request would result in work being carried out more evenly over the span of the day; and

 

the change genuinely better suits both the client and the Care Worker.

 

2.         Clients seeking to change the time and or date of a future service may do so directly with the Care Worker at the time of the current service.  If the request occurs any other time it should be raised with the Service Coordinator who will negotiate the change with the Care Worker.

 

3.         In all situations where the Care Worker or the client seek to re-roster a service to another time and/or date then both the client and the Care Worker have the right to refuse the request.

 

4.         Should either the client or the Care Worker be unwilling to make the change, the request should not be pursued or held against either party.

 

5.         In the situation where the client or Care Worker is unable to comply with the request, the request should be referred to the Service Coordinator immediately for action.

 

6.         If the Care Worker is unable to comply with the client's request for an alternative time/date then the request should be forwarded to the Service Coordinator for re-rostering to alternative staff.

 

Appendix F

 

GUIDELINES FOR GRADING CARE WORK

 

TABLE OF CONTENTS

 

TITLE

 

Introduction

 

Definitions

 

Grading Care Work

 

Other Assistance

 

SCHEDULES

 

Schedule A - Grading Personal Care Tasks - Examples

 

Schedule B - Grading - Other Assistance - Examples

 

Schedule C - Interpersonal Skills

 

INTRODUCTION

 

Grading Care Work within the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services

 

When determining the grade of tasks which a the Ageing, Disability and Home Care (ADHC) within the Department of Family and Community Services, Care Workers will perform in a household, the Supervisor  will need to establish:

 

the tasks which are to be performed - personal care, housework, repetitive upkeep, respite care;

 

the likely impact on the Worker, or the work to be performed from, any household factors, -including behaviour, exhibited by the client or another household member.

 

The information necessary for grading, will be collected through:

 

the assessment/reassessment process;

 

support/supervision sessions with Care Workers.

 

DEFINITIONS

 

Grade 3 care work consists of:

 

Grade 3 Personal Care tasks

 

Grade 2 Personal Care, Housekeeping, Repetitive Upkeep and Respite Care.

 

Complex work where there is a moderate to pronounced impact on the work/Worker from client behaviours or household environment. Home Aides will need to possess a higher level of skill than that required within Grade 2 work.

 

All live-in Housekeeping

 

Grade 2  care work consists of:

 

Grade 2 Personal Care tasks

 

Housekeeping, Repetitive Upkeep and Respite Care where there is a slight to moderate impact on the work/Worker from client behaviours or household environment

 

Grade 1 work consists of:

 

Domestic assistance

 

- Including but not limited to, domestic chores, ironing, cleaning, dishwashing, etc

 

Shopping and bill paying

 

Meal preparation

 

GRADING CARE WORK

 

First Step

 

If Personal Care tasks are to be performed, refer to the already graded lists to identify whether the work is Grade 3 or Grade 2.

 

Grade 3 - Personal Care work requires a Grade 3 Worker:

 

Personal Care Grade 3 task

 

Home Care Worker Grade 3

 

Grade 2 - Personal Care work requires a Grade 2 or Grade 3 Worker.

 

Personal Care Grade 2

 

Home Care Worker Grade 2 or Grade 3.

 

Second Step

 

When Grade 2 Personal Care or other assistance is being provided, it is necessary to consider the impact of household factors such as client behaviours in order to grade the work.

 

The more pronounced the impact the higher the level of interpersonal skills required of the Worker.

 

Moderate to pronounced impact would require a Worker with advanced interpersonal skills - Grade 3

 

Slight to moderate impact would require a Worker with basic interpersonal skills - Grade 2 or Grade 3

 

When there is moderate impact the work may be Graded by deciding whether it would be necessary to replace an existing Grade 2 Worker with a Grade 3 Worker who has advanced interpersonal skills.

 

OTHER ASSISTANCE

 

Pronounced impact from client	Grade 3 Work. Home Care Worker	Advanced Interpersonal Skills
behaviours/other household	Grade 3
factors.
Moderate Impact	Grade 2 Work	Basic Interpersonal Skills
Slight Impact	Home Care Worker Grade 2 or	Basic Interpersonal Skills
	Grade 3

 

Personal Care

 

All personal care tasks have been graded either as Grade 3 or Grade 2.

 

The criteria used for grading personal care tasks, is detailed below.

 

Level of assistance needed (Grade 2 tasks involve some assistance to the clients, Grade 3 tasks involve a high degree or total assistance)

 

Who is responsible (is the client/carer responsible or is the care Worker responsible)

 

Bodily intrusion

 

The above criteria apply to Personal Care only, not other assistance provided in the household.

 

Showering/	* Showering/Bathing adults and children	* Assisting client to shower/bath self or
Bathing	with severely limited/uncontrollable body	totally showering/bathing client except
	movements	where client has severely
		limited/uncontrollable body movements
	* Total bed bath/sponge where there is	* Assisting with mobility or
	severely limited/uncontrollable body	transferring
		to and from shower/bath except with
	movements or serious comfort/health	clients who have severely
	consideration	limited/uncontrollable body
		movements
		* Assisting or transferring client to
		commode chair except where client has
		severely limited/uncontrollable body
		movements
		* Supervising children’s bath
		* Bathing a baby
		* Total bed bath/sponge - exceptions
		Grade 3
Toileting	* Assisting in placement, removal,	* Helping people to the toilet
	emptying, care and cleaning of sheaths and
	leg baths	* Assisting people to use the toilet by
		loosening clothing
	* Assisting with indwelling catheterisation
	by changing collection bag and cleaning	* Assisting client to change own
	around the insertion site	incontinence and sanitary pads
	* Changing or assisting with urinary	* Changing clients urinary
		incontinence
	diversion - colostomy and drainage bags	pads
	* All bowel management except changing	* Assisting clients with bottles
	babies nappies and toileting children
		* Assisting self-catheterisation by
		holding
	* Continual caring of someone with bowel	mirror or positioning legs except where
	incontinence including washing person	there is severely limited/uncontrollable
		body movements
	* Changing bowel incontinence pads
		* Changing babies nappies, toileting
	* Responsibility for sterilising glass	children
	catheters for people using intermittent
	catheters
Menstrual	* Changing tampons and sanitary pads	* Assisting with menstrual care
Care
Skin Care	* Changing dressings on pressure areas,	* All skin care, eg: application of cream,
	ulcers, burns, wounds, cuts and grazes only	rubbing pressure areas with lotions etc
	in circumstances outlined in Service	except where dressings are involved
	Policy Manual
	* Application of treatment creams to genital
	Area
Nasal Care	*Cleaning noses
Grooming	*All dressing/undressing where there are	* All hair care
	severely limited/uncontrollable body
	movements	* Limited care of nails as details in
		Service Policy Manual
		* Shaving: Where there are
		uncontrollable body movements use
		electric razors only. (All other shaving -
		electric razors recommended).
		* All dressing/undressing or assistance
		with dressing/undressing except where
		there is severely limited/uncontrollable
		body movements
Oral		* Assisting client with their own care
Hygiene		of teeth or dentures
		* Care of teeth and dentures for the client
		by using tooth brush/tooth paste/oral
		solutions only
Oral		* Assisting client with or administering
Medication		liquid medicines, pills, powders, nose
		and eye drops according to Service
		Policy Manual.
Medication	* Suppositories
	* Giving insulin injections in
	circumstances
	outlined in Service Policy Manual.
Transferring/	* Assisting clients to turn/sit where	* Transferring client in and out of
Mobility	clients can offer limited/no assistance	bed/chair/ car and assisting with
	with weight bearing	mobility - exceptions see Grade 3
	* Using mechanical aids to lift and	* Assisting clients to turn or sit up -
	transfer clients	exceptions see Grade 3
	Assisting client with transfers/mobility
	where:
	* client can offer limited/no assistance
	with weight bearing
	* particularly careful handling is required
	because of the client’s health/disability
	* some lifting or physically awkward
	movement is involved for staff in the
	transfer/mobility of clients
Fitting of		* Such as splints and callipers
Aids/
Appliances
Therapy	* Assisting with therapy in any of the	* Assisting with therapy in any of the
	following circumstances:	following circumstances:
	- high degree of assistance is involved	- low level of assistance is involved
	- Care Workers have total responsibility	- carer/therapist is on site or client is
	because client is unable to take	able to take responsibility for the therapy or
	responsibility for the therapy and	carer/therapy is on site
	carer/therapist is not on site	- simple instructions required rather than
	- Specialised training/knowledge is	specialised training/knowledge
	required
Assisting	* Assisting with eating where a risk of	* Assisting where there are no eating
with Eating	choking, vomiting or other eating	difficulties
	difficulty is involved

 

OTHER ASSISTANCE (Not Grade 3 Personal Care Tasks)

 

When determining the grading for tasks other than Grade 3 Personal Care -Housework, Repetitive Upkeep and Respite Care - the Branch Manager or their delegate will need to consider the following:

 

What is the likely impact on the Worker, or the work to be performed from any household factor - including behaviours exhibited by the client or another household member.

 

Is the impact likely to be slight, moderate or pronounced because of some difficulty with client behaviour or household environment.

 

Examples of household factors which will often but not always have a significant impact on the work/Worker:

 

restless, wandering behaviour;

 

verbal abuse, aggression;

 

hearing or speech impairment which seriously affects communication;

 

extreme stress present due to household member with acute/terminal illness loss/bereavement;

 

households where children have been notified to DOCS as At Risk;

 

households where adults are at risk of abuse;

 

domestic violence;

 

where there is a severe allergy which requires additional care with the tasks;

 

The more pronounced the impact of household factors on care work, the higher the level of interpersonal skills required of the worker.

 

Moderate to pronounced impact would require a Worker with advanced interpersonal skills - Grade 3

 

Slight to moderate impact would require a Worker with basic interpersonal skills - Grade 2 or Grade 3

 

For examples of interpersonal skills see Schedule C.

 

For examples of grading other Assistance see Schedule B.

 

SCHEDULE A

 

GRADING PERSONAL CARE TASKS

 

Examples of Grading Personal Care with respect to the following criteria:

 

Level of assistance needed (Grade 2 tasks involve some assistance to the clients, Grade 3 tasks involve a high degree or total assistance)

 

Who is responsible (is the client/carer responsible or is the care Worker responsible)

 

Bodily intrusion

 

Example - Grade 3 Personal Care

 

Providing total bowel care for a severely disabled client while their carer leaves for a break.  Analysis of the task according to the factors above:

 

Total assistance

 

Care Worker totally responsible while carer is away

 

Bodily intrusion

 

Example - Grade 2 Personal Care

 

Assisting client to wash and dry their own hair.  Analysis of the task according to the factors above:

 

Some assistance

 

Client is responsible

 

No bodily intrusion

 

SCHEDULE B

 

GRADING OTHER ASSISTANCE

 

Examples of Grading other assistance with respect to the following criteria:

 

Slight, moderate or pronounced impact on work/Worker

 

Level of interpersonal skills required by Worker

 

Examples - Grade 3

 

A.         Providing housekeeping assistance to a disabled client who displays aggressive behaviour and who is often verbally abusive.  This behaviour results from a brain injury.

 

The likely impact on the work or Worker is moderate to pronounced, depending on the frequency of the aggressive behaviour and the presence of other adults in the household.

 

Worker will need advanced level of interpersonal skills to be able to perform the tasks, for example: assertiveness skills to deal with the aggression and abuse - knowledge of the client’s condition and understanding of the effect on the client’s behaviour - negotiating skills to request assistance or change arrangements, if necessary.

 

B.         Assisting disabled adult female to shower, wash her hair and dress.  Severe arthritis impairs the client’s ability to assist.  The Worker cooks tea for the client in the evening, the client can feed herself.

 

However, the client often experiences severe depression which results in her becoming withdrawn and passive.

 

The impact of the client's condition on the work or Worker is likely to be moderate to pronounced as the work may take longer to perform and be more difficult for the Worker because of the client's passivity and depression.

 

Worker will need advanced level of interpersonal skills to be able to direct the client or to carry out tasks on own initiative at times when the client is depressed - to be sensitive to the client’s behaviour and have advanced listening skills and empathy with the client.

 

Examples - Grade 2

 

A.         Providing activities for a blind adolescent girl as part of respite care.  The worker will be following a plan which the carer has previously discussed and outlined.  The carer is away from the home for the duration of the respite assistance.

 

The client's behaviour would have a slight to moderate impact on the work or Worker.  The worker would need a basic level of interpersonal skills.

 

B.         Providing housekeeping assistance to an elderly woman who has severe asthma and heart problems. The impact on the work or worker is slight to moderate, depending on the client’s health stability.  The worker would need basic interpersonal skills, eg. ability to respond in a crisis.

 

SCHEDULE C

 

INTERPERSONAL SKILLS

 

Basic Interpersonal Skills - Care Worker Grade 2

 

The following list consists of examples of interpersonal skills which a Care Worker Grade 2 is expected to have acquired to a basic level.

 

Listening skills

 

Empathy

 

Ability to respond appropriately in crisis situations

 

Ability to take appropriate action

 

Knowledge of disabilities

 

Understanding of client behaviour

 

Flexibility

 

Sensitivity and tolerance

 

Assertiveness

 

Awareness of communication difficulties

 

Ability to give clear and simple information

 

Ability to elicit clear directions from client/carer

 

Ability to use different communication methods, eg. communication board

 

Self-awareness

 

Genuineness/respect for client

 

Acceptance of client condition/lifestyle

 

Maintaining objectivity

 

Advanced Interpersonal Skills - Care Worker Grade 3

 

The following list consists of examples of interpersonal skills which Grade 3 Workers are expected to have acquired to an advanced level.

 

Empathy

 

Ability to direct client or carry out plan/action on own initiative

 

Ability to respond appropriately in crisis situations

 

Ability to take appropriate action

 

Knowledge of disabilities

 

Understanding of client behaviours

 

Flexibility

 

Sensitivity and tolerance

 

Assertiveness

 

Awareness of communication difficulties

 

Ability to give clear and simple information

 

Ability to elicit clear directions from client

 

Ability to clarify communication

 

Ability to use different communication methods, eg. communication board

 

Listening skills, includes active listening and listening to non-verbal behaviour

 

Self-awareness

 

Genuineness/respect for client

 

Acceptance of client condition/lifestyle

 

Ability to negotiate with household about the tasks performed

 

Maintaining objectivity

 

 

 

 

M. J. WALTON J , President

 

 

 

____________________

 

 

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