Operational Ambulance Officers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Ministry of Health.

 

(No. IRC 441 of 2015)

 

 

AWARD

 

1.         Title

 

This Award shall be known as the "Operational Ambulance Officers (State) Award".

 

2.         Arrangement

 

Clause No.         Subject Matter

 

1.         Title

2.         Arrangement

 

SECTION 1. GENERAL

 

3.         Object

4.         Definitions

5.         Classifications

6.         Introduction of Change

 

SECTION 2. EMPLOYMENT CONDITIONS

 

7.         Employees Duties

8.         Vacancies and Promotion

9.         Appointment of Officers

10.       Termination of Employment

 

SECTION 3. WAGES AND MONETARYENTITLEMENTS

 

11.       Wages

12.       Allowances and Classification Arrangements

13.       Climatic and Isolation Allowance

14.       Travelling Time and Expenses

15.       Travelling on Cases

16.       Relieving Other Members of Staff

17A.    Special Events Coverage

17B.    Non-Operational Activity

18.       Salary Sacrifice to Superannuation

19.       Salary Packaging

 

SECTION 4. HOURS OF WORK

 

20.       Hours of Duty

20A.    Evaluation and Transition To New Roster Arrangements

20B.    Evaluation and Transition To Crib Break Arrangements

21.       Allocated Day Off

22.       Roster of Hours

23.       Employees On Call

24.       Overtime

25.       Reasonable Hours

26.       Time Off in Lieu of Overtime

27.       Penalty Rates for Shift Work and Weekend Work

28.       Public Holidays

 

SECTION 5. LEAVE ENTITLEMENTS

 

29.       Annual Leave

30.       Annual Leave Loading

31.       Family and Community Leave and Personal Carers Leave

32.       Maternity, Adoption and Parental Leave

33.       Study Leave

34.       Trade Union Leave

35        Long Service Leave

36.       Sick Leave

 

SECTION 6. MISCELLANEOUS

 

37.       Uniforms

38.       Accommodation

39.       Lockers and Showers

40.       Union Subscriptions

41.       Union Notice Boards

 

SECTION 7. AWARD PARAMETERS

 

42.       Issues Resolution

43.       Anti-Discrimination

44.       Benefits not to be Withdrawn

45.       Exemptions

46.       No Extra Claims

47.       Area Incidence and Duration

 

SECTION 8. MONETARY RATES

 

Table 1A - Wages

Table 1B - Operations Centre Staff - Wages

Table 2A - Allowances

Table 2B - Additional Allowances

Table 2C - Living Away from Home Allowance

 

SECTION 9. TRANSITIONAL ARRANGEMENTS

 

Table - Transitional Arrangements

 

Section 1. General

 

3.         Object

 

The parties seek to achieve excellence in the provision of ambulance services for New South Wales through an efficient and effective pre-hospital emergency care and health related transport system.

 

4.         Definitions

 

"Day Worker" means an employee who works his or her ordinary hours from Monday to Friday inclusive and who commences work on such days between 6:00 am and 10:00 am inclusive.

 

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

 

"The  Ministry" means the  Ministry of Health.

 

"The Service" means the Ambulance Service of New South Wales.

 

"Union" means the Health Services Union NSW and/or Australian Paramedics Association (NSW)

 

"Officer and/or Operational Ambulance Officer" means an employee of the Service who is employed pursuant to this Award.

 

"Employee" means an Officer and/or Operational Ambulance Officer of the Service who is employed pursuant to this Award.

 

"Service" means continuous service with one or more District Committees prior to 13 April 1973, and continuous service of the New South Wales Ambulance Board on and from 13 April 1973, and continuous service of the Health Commission on and from 1 January 1977 and continuous service of the Health Administration Corporation on and from 17 August 1982, and continuous service with the NSW Department of Health on and from 17 March 2006, and continuous service with the Ministry of Health on and from 5 October 2011.

 

The "Working Week" for the purpose of this Award, shall commence on Saturday and finish on Friday.

 

"Modified Hours Roster" means any roster which arranges the hours of duty of full time employees in a format other than on an eight (8) hours per shift basis.

 

5.         Classifications

 

The Table at Section 9 Transitional Arrangements provides the transition arrangements from the previous classification into the new classification structure effective from the first pay period commencing on or after 12 September 2008.

 

(a)        Division 1

 

(i)         Trainee Patient Transport Officer means an employee who is undertaking the necessary and relevant training and work experience as determined by the Service to become a Patient Transport Officer and who is appointed to an approved Trainee Patient Transport Officer position.

 

This category of employee will be involved in routine and non-emergency patient transport utilising basic life support skills. Inter alia, this category of employee will receive training and certification in occupational health and safety, ambulance first aid, driver training, patient handling, oxygen administration, equal employment opportunity, anti-discrimination and anti-harassment.

 

(ii)        Patient Transport Officer means an employee who has successfully completed the necessary and relevant training and work experience as determined by the Service to become a Patient Transport Officer and who is appointed to an approved Patient Transport Officer position. Provided that such an employee shall be required to undertake and successfully complete further instruction/in-service courses necessary for Patient Transport Officers as determined by the Service.

 

This category of employee will be involved in routine and non-emergency patient transport utilising basic life support skills. This category of employee will not be utilised to crew ambulances engaged in emergency/casualty response.

 

Provided that such an officer shall be required to undertake and successfully complete further instruction/in service courses and certification examinations as required by the Service every three years.

 

The parties agree that this classification will remain a source of alternative duties for injured officers requiring rehabilitation as a result of workplace injury.

 

(b)        Division 2

 

(i)         Trainee Paramedic means an employee who is undertaking the necessary and relevant training and work experience as determined by the Service to become a Paramedic Intern and who is appointed to an approved Trainee Paramedic position.

 

This category of employee will be involved in emergency and routine patient transport as a second officer utilising emergency and basic life support skills. Inter alia, this category of employee will receive training and certification in emergency ambulance care, protocols, procedures and pharmacology, anatomy and physiology, patient handling, occupational health and safety, equal employment opportunity, anti-discrimination, anti-harassment and driver training.

 

(ii)        Paramedic Intern means an employee who is undertaking the necessary and relevant training and work experience as determined by the Service to become a Paramedic and who is appointed to an approved Paramedic Intern position.

 

(iii)       Paramedic means an employee who has successfully completed the necessary and relevant training and work experience as determined by the Service to become a Paramedic and who is appointed to an approved Paramedic position. Provided that such an employee shall be required to undertake and successfully complete further instruction/in-service courses necessary for the maintenance of their clinical certificate to practice and the reissue of their clinical certificate to practice every three (3) years.

 

(iv)       Paramedic Specialist means an employee who has successfully completed the requirements to be a Paramedic and who has completed the necessary and relevant training and work experience as determined by the Service to become a Paramedic Specialist. Paramedic Specialist will include:

 

1.         Intensive Care Paramedic means an employee who has completed the necessary and relevant training and work experience as determined by the Service to become a Paramedic Specialist - Intensive Care Paramedic and who is appointed to an approved Intensive Care Paramedic position.

 

2.         Extended Care Paramedic means an employee who has completed the necessary and relevant training and work experience as determined by the Service to become an Paramedic Specialist - Extended Care Paramedic and who is appointed to an approved Extended Care Paramedic position.

 

3.         Other such specialist categories as may be developed between the parties.

 

Provided that such an employee shall be required to undertake and successfully complete further instruction/in-service courses necessary for the maintenance of their clinical certificate to practice and the reissue of their clinical certificate to practice every three years.

 

Team Leader (rank insignia will be in accordance with the Service’s Uniform Policy as contained in Clause 37 a(ii)) means an employee who has successfully completed the requirements as set out for Paramedic and who has successfully completed the requirements for and is appointed to a Team Leader position identified as such by the Service.  Provided that such an employee shall be required to undertake and successfully complete further instruction/in-service courses necessary for the maintenance of their clinical certificate to practice and the reissue of their clinical certificate to practice every three years.

 

Station Manager (rank insignia will be in accordance with the Service’s Uniform Policy as contained in Clause 37 a(ii)) means an employee who has successfully completed the requirements as set out for Paramedic and who has successfully completed the requirements for and is appointed to a Station Manager position identified as such by the Service. Provided that such an employee shall be required to undertake and successfully complete further instruction/in-service courses necessary for the maintenance of their clinical certificate to practice and the reissue of their clinical certificate to practice every three years.

 

District Manager (rank insignia will be in accordance with the Service’s Uniform Policy as contained in Clause 37 a(ii)) means an employee who has successfully completed the requirements as set out for a Paramedic and who has successfully completed the requirements for and is appointed to a District Manager position identified as such by the Service. Provided that such an officer shall be required to undertake and successfully complete further instruction/in service courses and certification examinations as required by the Service every three  years.

 

Ambulance Clinical Educator (rank insignia will be in accordance with the Service’s Uniform Policy as contained in Clause 37 a(ii)) means an employee who has successfully completed the requirements for and is appointed to an Ambulance Clinical Educator position identified as such by the Service.

 

This category of employee will be principally involved in the Clinical Science theory and clinical education of employees utilising advanced educational and management skills.

 

This category of employee will be principally involved with Clinical Science theory and paramedical, competency based education and training programs, will be required to give advice about and be responsible for the development of clinical science based curricula, adult education and education modalities and will be required to give advice to employees regarding course content, course progression and learning techniques. The Clinical Educator is also required to manage clinical and paramedical education courses and programs.

 

Clinical Educators not holding a certificate to practice shall be required to undertake and successfully complete further instruction/in-service courses as required by the Service.

 

Clinical Educators who are eligible for and who wish to maintain a certificate to practice shall be required to undertake and successfully complete further instruction/in-service courses necessary for the maintenance of their certificate to practice and the reissue of their certificate to practice every three years.

 

Ambulance Paramedic Educator means an employee who has successfully completed the requirements for and is appointed to an Ambulance Paramedic Educator position identified as such by the Service.

 

This category of employee will be principally involved theoretical and paramedical, competency based education and training programs, will be required to give advice about and be responsible for the development of paramedical based curricula, adult education and education modalities and will be required to give advice to employees regarding course content, course progression and learning techniques. The Paramedic Educator is also required to manage paramedical education courses and programs.

 

Provided that such an employee shall be required to undertake and successfully complete further instruction/in-service courses necessary for the maintenance of their certificate to practice and the reissue of their certificate to practice every three years.

 

Ambulance Clinical Training Officer means an employee who has successfully completed the requirements for and is appointed to an Ambulance Clinical Training Officer position identified as such by the Service.

 

This category of employee will be principally involved in the provision of training on an individual or small group basis in the local area and primarily would rely on training material developed on a central basis with project input by some or all of the Clinical and Paramedic Training Officers.

 

The Clinical Training Officer is responsible for the planning, delivery and evaluation of education and training programs for operational staff, including Trainee Paramedics, Paramedics and Patient Transport Officers that are consistent with National Competency Standards and the Service's policies and procedures.

 

Provided that such an employee shall be required to undertake and successfully complete further instruction/in-service courses necessary for the maintenance of their certificate to practice and the reissue of their certificate to practice every three years.

 

Operations Centre (Standby) Allowance means the allowance paid to Paramedic, Paramedic Specialist, Team Leader, Station Manager or District Manager who has completed the training required by the Service and may be reasonably required by the Service to undertake the duties of an Ambulance Operations Centre Officer, Duty Operations Centre Officer and/or a Senior Operations Centre Officer.

 

The allowance as set out in Item 2 of Table  2A - Allowances, of Section 8 - Monetary Rates shall be regarded as part of the salary for all purposes of this Award.

 

Rescue (Standby) Allowance means the allowance paid to a Paramedic, Paramedic Specialist, Team Leader, Station Manager or District Manager who has completed the training required by the Service and may be reasonably required by the Service to be rostered to an accredited Ambulance Rescue Unit.

 

The allowance as set out in Item 2 of Table 2A - Allowances of Section 8 - Monetary Rates shall be regarded as part of the salary for all purposes of this Award.

 

Specialist Allowance is paid to an employee who has successfully completed the requirements for and is appointed by the Service to an identified Specialist position of Special Casualty Access Team (SCAT), Rescue and/or other specialties as agreed to by the parties. Provided that such an employee shall be required to undertake and successfully complete further instruction/in service courses and certification examinations as required by the Service every three years.

 

The allowance as set out in Item 1 of Tables 2A - Allowances, of Section 8 - Monetary Rates shall be regarded as part of the salary for all purposes of this Award.

 

Trainee Ambulance Operations Centre Officer means an employee who is required to undertake and successfully complete the requirements for appointment to an Ambulance Operations Centre Officer position identified as such by the Service.

 

This category of employee will be involved in the dispatch and movement of emergency and non-emergency ambulances utilising the Service’s Computer Aided Dispatch and Telecommunication systems. Inter alia this category of employee will receive training and certification by the Service in Occupational Health and Safety, Ambulance First Aid, Medical Terminology, Computer Aided Dispatch and Telecommunications Systems, Computer mapping, emergency vehicle movement coordination, Equal Employment Opportunity, Anti Discrimination and Anti Harassment.

 

Paramedic Interns, Paramedics, Paramedic Specialists, Team Leaders, Station Managers, and District Managers are to be paid in addition to their current wage, the Operations Centre Allowance as set out in Item 2 of Table 2B - Additional Allowances, of Part B, Monetary Rates.

 

Ambulance Operations Centre Officer means an employee who has successfully completed the requirements as set out for Trainee Ambulance Operations Centre Officer and who is appointed to an Ambulance Operations Centre Officer position identified as such by the Service.

 

This category of employee will be involved in the dispatch and movement of emergency and non-emergency ambulances utilising the Service’s Computer Aided Dispatch and Telecommunication systems. 

 

Provided that such an officer shall be required to undertake and successfully complete further instruction/in service courses and certification examinations as required by the Service every three years. The parties agree that this classification will remain a source of alternative duties for injured officers requiring short term rehabilitation as a result of a workplace injury in which case they will need to be provided with training and successfully complete the requirements set out for a Trainee Ambulance Operations Centre Officer.

 

Ambulance Operations Centre Officer - Paramedic and Paramedic Specialist

 

Paramedics, Paramedic Specialists, Team Leaders, Station Managers and District Managers who are permanently appointed to positions of Ambulance Operations Centre Officer are to be paid up to the maximum rate applicable for a Paramedic Specialist and are to be paid, in addition to their wages and allowances, the Operations Centre Allowance as set out in Table 2B of Section 8 Monetary Rates. This allowance is only applicable to Paramedics, Paramedic Specialists, Station Managers and District Managers for the time in which Operations Centre activities are undertaken.)

 

Ambulance Operations Centre Officer - Non Paramedic

 

Non paramedic officers are paid at the rates specified in Table 1B of Section 8 Monetary Rates.

 

Duty Operations Centre Officer means an employee who has successfully completed the requirements as set out for a Paramedic and who has successfully completed the requirements for and is appointed to a Duty Operations Centre Officer position identified as such by the Service.

 

This category of employee will be involved in the dispatch and movement of emergency and non-emergency ambulances utilising the Service’s Computer Aided Dispatch and Telecommunication systems utilising management skills.

 

This category of employee will be required to give advice regarding emergency and non-emergency ambulance care and may be required to be involved in emergency and routine patient transport utilising management skills in addition to emergency and basic life support skills.

 

Provided that such an officer shall be required to undertake and successfully complete further instruction/in service courses and certification examinations as required by the Service every 3 years.

 

Senior Operations Centre Officer means an employee who has successfully completed the requirements as set out for a Paramedic and who has successfully completed the requirements for and is appointed to a Senior Operations Centre Officer position identified as such by the Service.

 

This category of employee will be involved in the dispatch and movement of emergency and non-emergency ambulances utilising the Service’s Computer Aided Dispatch and Telecommunication systems utilising management skills.

 

This category of employee will be required to give advice regarding emergency and non-emergency ambulance care and may be required to be involved in emergency and routine patient transport utilising management skills in addition to emergency and basic life support skills.

 

Provided that such an officer shall be required to undertake and successfully complete further instruction/in service courses and certification examinations as required by the Service every 3 years.

 

Aeromedical Operations Officer means an employee who has successfully completed the requirements for and is appointed to an Aeromedical Operations Officer position identified as such by the Service. Provided that such an officer shall be required to undertake and successfully complete further instruction/in service courses and certification examinations as required by the Service every 3 years.

 

6.         Introduction of Change

 

Any proposal that will significantly affect employees covered by the Award will be the subject of genuine consultation between the parties.

 

Should such a change lead to an expanded scope of practice for any classification or group of employees covered by this award, the parties agree to discuss the impact of this on the classification structure.

 

Section 2. Employment Conditions

 

7.         Employees’ Duties

 

(a)        The Service may direct an employee to carry out such duties as are reasonable, and within the limits of the employee’s skills, competence and training consistent with the employee’s classification, provided that such duties are not designed to promote de-skilling.

 

(b)        The Service may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained and is currently certified in the use of such tools and equipment.

 

(c)        Any direction issued by the Service pursuant to subclause (a) and (b) of this clause shall be consistent with the Service’s responsibilities to provide a safe and healthy working environment.

 

(d)        The application of subclause (a) of this clause shall be undertaken in a fair, reasonable and sensible manner.

 

8.         Vacancies and Promotion

 

(a)        Advertisement of vacant positions shall be notified throughout the Service by regular vacancy circulars distributed via the Service Intranet..

 

(b)        Appointments shall be made on the basis of merit.

 

(c)        The vacancy shall be filled from applications received, provided that the Service can re-advertise the position if necessary.

 

(d)        Subclauses a, b, and c are overruled to the extent necessary for the implementation of the Ambulance Service’s lateral transfer policy. Any changes to this policy will be the subject of consultation.

 

Trial Remote Incentive Initiative

 

(e)        The Service will trial a remote incentive initiative as set out in the Service’s Trial Remote Incentive Policy and the trial will take place over the three year period of this Award.  Any change in the policy within this period will be the subject of consultation. The parties acknowledge that the trial may be terminated by the Service at the end of the three year period.

 

9.         Appointment of Officers

 

(a)        All employees appointed, excepting Trainee Patient Transport Officers, shall be appointed on probation for a period of twelve months from the date of their appointment or re-appointment to the Service. For Trainee Patient Transport Officers, the period of probation will be six months from the date of appointment or re-appointment to the Service.

 

(b)        An employee engaged under this Award shall be engaged as a permanent full time, permanent part time, temporary full time, temporary part time, or casual.

 

(c)        Every employee will be provided with a position description as developed between the parties commensurate with their position, which he or she will be required to sign.

 

(d)        Permanent Full Time Employee

 

A permanent full time employee is a permanent employee who is required to work an average of 38 hours per week in accordance with clause 20, Hours of Duty.

 

(e)        Permanent Part Time Employee

 

(i)         A permanent part time employee is permanently appointed by the Service to work a specified number of hours per week, which are less than the full time hours prescribed in clause 20 Hours of Duty.

 

(ii)        A permanent full time employee may also work as a permanent part time employee for an approved specified period of time eg. 12 months. The parties recognise that permanent part-time employment will provide flexible working arrangements for employees to cater for personal requirements such as family responsibilities.  At the conclusion of the approved specified period of time, the employee will revert to their permanent full time status.

 

(iii)       Permanent part-time employees shall work in accordance with rosters exhibited in each station at least 7 days in advance of the commencing date of the roster and shall show the hours of duty for the agreed roster period or 28 days, whichever is the greater.

 

(iv)       Permanent part-time employees shall be paid an hourly rate calculated on the basis of one thirty-eighth of the rate prescribed in Table 1A or 1B - Wages of Section 8 - Monetary Rates, with a minimum payment of two hours for each start.

 

(v)        Permanent part-time employees shall be entitled to payment of the allowances prescribed by clause 13, Climatic and Isolation Allowance, in the same proportion as the actual hours worked per week bear to full time hours.

 

(vi)       Employees engaged under this clause shall not be entitled to allocated days off as prescribed in clause 21, Allocated Days Off.

 

(vii)      Employees engaged under this clause shall be entitled to all other benefits not otherwise expressly provided for herein at the same proportion as their actual hours of work bear to full-time hours.

 

(viii)     All time worked by permanent part-time employees in excess of the rostered daily ordinary hours of work prescribed for the majority of full-time employees on that shift in the unit or section concerned shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

 

(ix)       Time worked up to the rostered daily ordinary hours of work prescribed for a majority of the full-time employees employed on that shift in the unit or section concerned shall not be regarded as overtime but an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

 

(x)        Permanent part-time employees will be required to undertake and successfully complete all the requirements applicable to permanent full-time employees as defined in clause 5, Classifications.

 

(f)        Temporary Employee

 

(i)         A temporary employee is engaged for a continuous fixed period of time. The duties may include the provision of relief for permanent employees, conduct of specific projects or the provision of services which are not recurrent in nature.

 

(ii)        A temporary employee may be full time or part time.

 

(iii)       A temporary employee shall be paid for the number of hours worked each week on an hourly rate calculated at the same hourly rate as prescribed for a full time employee in the same classification plus 10 per cent loading. The loading shall not apply if:

 

1.         The period of employment extends beyond 13 weeks

 

2.         The employer and the employee agree, during the 13 weeks, that the employee will be employed on a permanent basis.

 

(iv)       A temporary employee shall be entitled to a minimum payment of 2 hours for each start. Time worked up to the rostered daily ordinary hours of work prescribed for a majority of the full-time employees employed on that shift in the station, unit or section concerned shall not be regarded as overtime but an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

 

(v)        Temporary employees will be required to undertake and successfully complete all the requirements applicable to permanent full-time employees as defined in clause 5, Classifications.

 

(g)        Casual Employee

 

(i)         A casual employee is engaged on an hourly basis for a short period of time. The nature of the work performed would be irregular, intermittent, urgent or short term. However employees will be allocated sufficient hours of work required to maintain a certificate to practice.

 

(ii)        Time worked up to the rostered daily ordinary hours of work prescribed for a majority of the full-time employees employed on that shift in the station, unit or section concerned shall not be regarded as overtime but an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

 

(iii)       Casual employees will be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate prescribed for the appropriate classification in clause 5, plus 10% loading with a minimum payment of two hours for each start. This loading is in recognition of the casual nature of the work and the leave entitlements forgone. Annual leave entitlements are in accordance with the Annual Holidays Act, 1944.

 

(iv)       Casual employees will be required to undertake and successfully complete all the requirements applicable to permanent full-time employees as defined in clause 5, Classifications.

 

(h)        Secure Employment

 

Objective of this Clause

 

The objective of this clause is for the Service to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

Casual Conversion

 

(i)         A casual employee engaged by the Service on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(ii)        The Service shall give such a casual employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the Service fails to comply with this notice requirement.

 

(iii)       Any casual employee who has a right to elect under paragraph (h)(i), upon receiving notice under paragraph (h)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the Service that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the Service shall consent to or refuse the election, but shall not unreasonably so refuse. Where the Service refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(iv)       Any casual employee who does not, within four weeks of receiving written notice from the Service, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(v)        Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the Service.

 

(vi)       If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (h)(iii), the Service and employee shall, in accordance with this paragraph, and subject to paragraph (h)(iii), discuss and agree upon:

 

a.         whether the employee will convert to full-time or part-time employment; and

 

b.         if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the Service and the employee.

 

(vii)      Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(viii)     An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

10.       Termination of Employment

 

(a)        Employment shall be terminated by two weeks’ notice in writing by either party or by the giving or forfeiting, as the case may be, of two weeks wages in lieu of notice.

 

(b)       

 

(i)         Employees with a credit of hours accrued towards an allocated day(s) off duty as prescribed by of clause 21, Allocated Days Off, shall be paid for such accrual upon termination.

 

(ii)        Employees with a credit of hours accrued as a result of working a roster in accordance with subclause (a) of clause 20, Hours of Duty, shall be paid for such accrual upon termination.

 

(iii)       Employees with a debit of hours accrued as a result of working a roster in accordance with subclause (a) of clause 20, Hours of Duty, shall reimburse the Service for such accrual upon termination.

 

(iv)       Employees with a credit of hours accrued as a result of opting for time off in lieu of overtime in accordance with subclause (a) of clause 26, Time Off in Lieu of Overtime, shall be paid for such accrual upon termination at the appropriate overtime rate based on the rate of pay applying at the time of termination.

 

(c)        The Service shall, upon request by the employee, give the employee a signed statement outlining the period of employment.

 

Section 3. Wages and Monetary Entitlements

 

11.       Wages

 

(a)        Employees shall not be paid less than the minimum wages for their classification as set out in Table 1 and 1A and 1B - Wages  Section 8 - Monetary Rates.

 

(b)        Wages shall be paid fortnightly by electronic transfer.

 

(c)        For each pay day, employees shall be furnished with a statement showing the gross amount of ordinary wages and overtime, together with separate details of all deductions.

 

(d)        Overtime and penalty rates shall be paid within one week of the end of the pay period in which such overtime or penalty rates were worked.

 

(e)        Employees shall have their salary paid into one account with a bank or other financial institution in New South Wales, as nominated by the employee, except where agreement as to another method of payment has been reached between the Unions and the Service due to the isolation of an ambulance station. Salaries shall be deposited by the employer in sufficient time to ensure that wages are available for withdrawal by employees no later than pay day; provided that this requirement shall not apply where employees nominate accounts of non-bank financial institutions which lack the technological or other facilities to process salary deposits within 24 hours of the employer making their deposits with such financial institutions, but in such cases the employer shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than pay day.

 

12.       Allowance and Classification Arrangements

 

(a)        An employee who is paid an allowance or at a classification for which there is a certification or qualification requirement, will cease to have an entitlement to such payment if the employee:

 

(i)         Fails to successfully complete further instruction/in service courses and/or certification examinations as required by the Service every  three years or;

 

(ii)        Elects not to undertake further instruction/in service courses and/or certification examinations as required by the Service every three years.

 

(iii)       Applies for and obtains a transfer to a position which is not a nominated position requiring such skills.

 

(b)        Payment of shift penalties and other work related allowances or payments to employees subject to misconduct/disciplinary inquiries will be made on the terms and conditions prescribed by the Ministry’s Policy Directive 2014_042

 

13.       Climatic and Isolation Allowance

 

(a)        Subject to subclause (b) of this clause, employees attached to ambulance stations situated upon or to the west of a line drawn as herein specified, shall be paid the allowance specified in Item 6 of Table 2A - Allowances of Section 8 - Monetary Rates, in addition to the salary to which they are otherwise entitled. The line shall be drawn as follows, viz:

 

Commencing at Tocumwal and thence to the following towns in the order stated, namely - Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.

 

(b)        Employees attached to ambulance stations situated upon or to the west of a line drawn as herein specified shall be paid the allowance asset out in Item 7 of the said Table 2A, in addition to the salary to which they are otherwise entitled. The line shall be drawn as follows, viz:

 

Commencing at a point on the right bank of the Murray River opposite Swan Hill (Victoria) and thence to the following towns in the order stated namely - Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.

 

(c)        The allowances prescribed by this clause are not cumulative.

 

(d)        Except for the computation of overtime the allowances prescribed by this clause shall be regarded as part of the salary for the purposes of this Award.

 

14.       Travelling Time and Expenses

 

(a)        Except where subclause (c) of clause 16, Relieving Other Members of Staff, an employee who is directed to report for duty at a station other than that to which he or she is appointed shall travel to and from such station in the Service’s time and the employee’s fares and incidental expenses shall be paid by the Service, unless otherwise agreed between the Service and the employee.

 

If such travel is undertaken outside rostered hours, the employee shall be reimbursed at ordinary rates for the time spent travelling in excess of the normal time taken to travel between his or her home and the station to which he or she is appointed.

 

(b)        If an employee is rostered to a shift requiring him or her to work at more than one station in a working week, the employee’s fares in excess of the fares to the employee’s appointed station shall be paid in full.

 

(c)        Where an employee, with the prior approval of the Service, travels by the employee’s own motor vehicle, the employee shall be paid the casual rate as prescribed by the Crown Employees (Public Service Conditions of Employment) Award , as amended from time to time, for all kilometres travelled in excess of the kilometres that the employee would normally travel between the employee’s usual place of residence and the ambulance station to which he or she is appointed and return to such residence.

 

(d)        Travel, either by public transport or own mode of conveyance, shall in all instances be by the most   direct route. 

 

15.       Travelling on Cases

 

(a)        Where an employee is required to transport a case which involves eight hours or more travelling, the employee shall be paid all travelling expenses including meals and accommodation and, if not staying overnight at the point of turn around, shall be permitted a meal either before commencing or during the return journey.

 

(b)        An employee directed to have a meal away from his or her station will be paid a crib/ meal away from station allowance in accordance with existing provisions and practice. In determining existing practice, regard will be had to the following:

 

(i)         That allowances do not apply to crib breaks taken by Trainee Patient Transport Officers and Patient Transport Officers.

 

(ii)        The agreement between the parties in 1988 under the Commission’s then Structural Efficiency Principle. 

 

(iii)       That this provision does not apply to employees in Operations Centres.

 

(c)        Where an entitlement exists in (b), the quantum of the allowance is prescribed in Table 2A Allowances in Section 8 Monetary Rates.

 

(i)         Where an employee is entitled to one crib break per shift or an unpaid meal break (under the transitional arrangements in clause 20), the payment for any crib/meal directed to be taken away from station will be the rate prescribed at Item 9 of Table 2A - Allowances.

 

(ii)        Where an employee is entitled to two crib breaks per shift, the payment for any crib directed to be taken away from station will be the lower rate as prescribed at Item 10 of Table 2A Allowances. The number of crib breaks per shift is prescribed in clause 20 Hours of Duty.

 

(d)        This provisions of this clause will be reviewed by the Commission in conjunction with the review of rosters and crib breaks to be undertaken in accordance with clause 20A Evaluation and Transition to New Roster Arrangements and clause 20B Evaluation and Transition to Crib Break Arrangements - Sydney and Central Coast.

 

(e)        Where an employee is required to transport a case which involves two or more hours travelling the employee shall be entitled to a paid break of ten minutes duration each two hours.

 

(f)        The ten-minute break prescribed by subclause (e) of this clause is not cumulative.

 

(g)        No single officer transports will be allocated where it is reasonably expected that the travelling time of the round trip will be in excess of eight hours.

 

16.       Relieving Other Members of Staff

 

(a)        An employee called upon to relieve another employee paid on a higher scale shall be entitled to receive the minimum rate of the higher scale of pay. This provision shall not apply when an employee on a higher scale is absent from duty by reason of his or her allocated day off duty as a consequence of working a 38-hour week in accordance with paragraph (i) of subclause (a) of clause 21, Allocated Days Off. No reduction shall be made in the scale of pay of an employee called upon to relieve another paid on a lower scale. Where an employee is called upon to relieve a Superintendent/Operations Manager, he/she shall be paid the minimum rate of the position so relieved.

 

(b)        When an employee is required to relieve another employee posted at another station, and by so doing is required to live away from home, he or she shall be called a relieving employee.

 

(c)        A relieving employee will be entitled to a living away from home allowance as set out in Table 2C in this Award. The living away from home allowance is determined as the sum of the meal expenses on one day journeys and the incidental allowance for the location the relieving employee is posted, as prescribed by the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as amended from time to time.

 

A relieving employee who is entitled to receive the living away from home allowance is not entitled to receive payment under subclause 15(a) of this Award. When travelling on cases in accord with clause 15, relieving employees shall be entitled to allowances under subclause 15(b) or 15(c) where applicable.

 

A relieving employee who is provided with board and lodgings at no charge will not be entitled to receive the living away from home allowance.

 

(d)        If accommodation at no charge is not available to the relieving employee, accommodation costs will be met by the Service directly with the provider. In the unusual circumstance that the employee pays the cost of the accommodation they will be entitled to the reimbursement of accommodation expenses as per the Ministry’s Policy Directive on Travel PD2014_044 Official Travel, as amended from time to time.

 

(e)        If the relieving employee is required to be on call, he or she shall be paid, in addition to the aforementioned amount, the amount specified in clause 23, Employees On Call.

 

(f)        The Service shall decide whether an employee travels to or from their relief duties in rostered hours. If the travel is to be accomplished outside rostered hours, the employee shall be reimbursed at ordinary rates for the time spent travelling in excess of the normal time taken to travel between his or her home and the station to which he or she is appointed.

 

17A.    Special Events Coverage

 

(a)        Employees will not be compelled to provide special events coverage.

 

(b)        Whilst there is no exhaustive list of all the requirements for which the Service may wish to utilise "special events coverage", the parties agree that such requirement would typically be for special events and sporting fixtures such as public holiday celebrations, athletic events, Mardi-gras, local shows, VIP visits, sporting events, disaster exercises, public relations activities and local expositions. This clause will not be used for training, including SCAT and rescue training.

 

(c)        An employee who is scheduled to provide special events coverage will be compensated by payment at his or her ordinary hourly rate for the hours worked plus the appropriate penalty rates prescribed in clause 27, Penalty Rates for Shift Work and Weekend Work, in lieu of payment at overtime rates.

 

(d)        Special events coverage shifts shall be between four and 12 hours in duration with a minimum payment of two hours in the event of cancellation on the day.

 

For the purposes of assessing an employee’s eligibility for payment, each day shall stand alone.

 

(e)        Time worked as special events coverage shall stand alone and shall not be regarded as time worked for the calculation of hours of duty, annual leave, long service leave or any other provision contained within this Award.

 

(f)        There shall be an equitable distribution (between employees) of special events coverage both in terms of the allocation of work amongst those employees offering their services and in terms of Saturday and Sunday work.

 

17B.    Non-Operational Activity

 

(a)        Employees will not be compelled to provide non-operational activity coverage.

 

(b)        Whilst there is no exhaustive list of all activities that may be regarded as "non-operational activities", the parties agree that examples of such activities would be:  attendance at Divisional Clinical Quality Committees; Occupational Health and Safety Committees; attendance for members of Service approved committees/workgroups and representing the Service at authorised community or local Government meetings where attendance of duty personnel is not possible.

 

(c)        Non-operational activity does not include attendance at training schools, compliance with Certificate to Practice (CTP) activities/requirements nor union activities.

 

(d)        Employees who participate in non-operational activities will be compensated by payment at their ordinary hourly rate for the hours worked.  In addition, employees will be paid two hours for travel time (covering travel to and from the activity). In the case of rural employees, specific approval for the quantum of travel time will be agreed prior to approval being finalised. Accumulation of hours worked in these activities is not allowed. Payment for the approved activities will be made in the next available pay period.

 

(e)        Time worked as non-operational activity(s) shall stand alone and shall not be regarded as time worked for the calculation of hours of duty, annual leave, long service leave or any other provision contained within this Award.

 

18.       Salary Sacrifice to Superannuation

 

(a)        Notwithstanding the salaries prescribed in clause 11 Wages as varied from time to time, an employee may elect, subject to the agreement of the employee’s employer, to sacrifice a part or all of the salary payable under the wages clause to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed together with any salary packaging arrangements under clause 19, Salary Packaging, of this award may be made up to one hundred per cent of the salary payable under the wages clause, or up to one hundred per cent of the currently applicable superannuable salary, whichever is the lesser.

 

In this clause, ‘superannuable salary’ means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

(b)        Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of available salary to be packaged. Such payroll deductions may include but are not limited to superannuation payments, HECS payments, child support payments, judgement debtor/garnishee orders, union fees and private health fund membership fees.

 

(c)        Where the employee has elected to sacrifice a part or all of the available payable salary to additional employer superannuation contributions:

 

(i)         The employee shall be provided with a copy of the signed agreement. The salary sacrifice agreement shall be terminated at any time at the employee’s election and shall cease upon termination of the employee’s services with the employer.

 

(ii)        Subject to Australian taxation law, the amount of salary sacrificed will reduce the salary subject to appropriate PAYE taxation deductions by the amount sacrificed; and

 

(iii)       Any allowance, penalty rate, overtime, payment for unused leave entitlements, weekly workers’ compensation, or other payment, other than any payment for leave taken in service, to which an employee is entitled under the relevant award or any applicable award, act, or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under the salaries clause in the absence of any salary sacrifice to superannuation made under this award.

 

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

 

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

 

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

 

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

 

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

 

(i)         the Police Regulation (Superannuation) Act, 1906;

 

(ii)        the Superannuation Act, 1916;

 

(iii)       the State Authorities Superannuation Act, 1987;

 

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

 

(v)        the First State Superannuation Act, 1992.

 

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

 

(g)        Where, prior to electing to sacrifice a part or all of their salary to superannuation, an employee had entered into an agreement with their employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (f) above, the employer will continue to base contributions to that fund on the salary payable under clause 11 Wages, to the same extent as applied before the employee sacrificed that amount of salary to superannuation. This clause applies even though the superannuation contributions made by the employer may be in excess of the superannuation guarantee requirements after the salary sacrifice is implemented.

 

19.       Salary Packaging

 

(a)        By agreement with their employer, employees may elect to package part or all of their salary in accordance with this clause, to obtain a range of benefits as set out in the NSW Health Services Salary Packaging Policy and Procedure Manual, as amended from time to time. Such election must be made prior to the commencement of the period of service to which the earnings relate. Where an employee also elects to salary sacrifice to superannuation under this award, the combined amount of salary packaging/sacrificing may be up to 100 per cent of salary.

 

Any salary packaging above the fringe benefit exemption cap will attract fringe benefits tax as described in subclause (d) below.

 

(b)        Where an employee elects to package an amount of salary:

 

(i)         Subject to Australian taxation law, the packaged amount of salary will reduce the salary subject to PAYE taxation deductions by that packaged amount.

 

(ii)        Any allowance, penalty rate, overtime payment, payment for unused leave entitlements, weekly workers’ compensation, or other payment other than any payment for leave taken in service, to which an employee is entitled under this award or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under this award in the absence of any salary packaging or salary sacrificing made under this award.

 

(iii)       ‘Salary’ for the purpose of this clause, for superannuation purposes, and for the calculation of award entitlements, shall mean the award salary as specified in clause 11 Wages, and which shall include ‘approved employment benefits’ which refer to fringe benefit savings, administration costs, and the value of packaged benefits.

 

(c)        Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of available salary to be packaged. Such payroll deductions may include but are not limited to superannuation payments, HECS payments, child support payments, judgement debtor/garnishee orders, union fees, and private health fund membership fees.

 

(d)        The salary packaging scheme utilises a fringe benefit taxation exemption status conferred on public hospitals and local health districts, which provides for a fringe benefit tax exemption cap of $17,000 per annum. The maximum amount of fringe benefits-free tax savings that can be achieved under the scheme is where the value of benefits when grossed-up, equal the fringe benefits exemption cap of $17,000. Where the grossed-up value exceeds the cap, the employer is liable to pay fringe benefits tax on the amount in excess of $17,000, but will pass this cost on to the employee. The employer’s share of savings, the combined administration cost, and the value of the package benefits, are deducted from pre-tax dollars.

 

(e)        The parties agree that the application of the fringe benefits tax exemption status conferred on public hospitals and local health districts is subject to prevailing Australian taxation laws.

 

(f)        If an employee wishes to withdraw from the salary packaging scheme, the employee may only do so in accordance with the required period of notice as set out in the Salary Packaging Policy and Procedure Manual.

 

(g)        Where an employee ceases to salary package, arrangements will be made to convert the agreed package amount to salary. Any costs associated with the conversion will be borne by the employee, and the employer shall not be liable to make up any salary lost as a consequence of the employee’s decision to convert to salary.

 

(h)        Employees accepting the offer to salary package do so voluntarily. Employees are advised to seek independent financial advice and counselling to apprise them of the implications of salary packaging on their individual personal financial situations.

 

The employer and the employee shall comply with the procedures set out in the NSW Health Services Salary Packaging Policy and Procedure Manual as amended from time to time.

 

Section 4. Hours of Work

 

20.       Hours of Duty

 

(a)        This clause is to be read in conjunction with clause 20A Evaluation and Transition to New Roster Arrangements and clause 20B Evaluation and Transition to Crib Break Arrangements.

 

(b)        The ordinary hours of duty shall be:

 

(i)         An average of 38 per week, to be worked in shifts of eight hours duration on no more than 19 days per 28 day period.  Shift workers shall be free from duty for not less than two full days in each working week or four full days in each two working weeks, unless otherwise agreed between the parties.

 

(ii)        Where work is performed on a modified hours roster the maximum length of a shift shall not exceed 12 hours, except in Operations Centres where the maximum length of a shift shall not exceed 12 hours and 15 minutes. The average of 38 hours per week to be calculated over the modified hour roster cycle.

 

(c)        Officers working a modified roster of 12 hour shifts will be entitled to two paid 30 minute crib breaks to be taken between the fourth and seventh hour and the eighth and eleventh hour unless otherwise agreed between the parties. Officers working shifts of less than 12 hours duration shall have one paid 30 minute crib break to be taken between the fourth and seventh hour unless otherwise agreed between the parties.

 

(d)        Officers who, due to operational requirements, are unable to take their paid crib break within the prescribed times, or whose crib break is not completed, shall receive an additional payment of one hour at ordinary time rates.

 

(e)        Subclauses (c) and (d) do not apply to officers in the Operations Centres. Such officers will continue to work shifts and meal/crib breaks in accordance with their modified roster provisions.

 

20A.    Evaluation and Transition to New Roster Arrangements

 

Sydney and Central Coast

 

(a)        An evaluation and implementation program for new roster arrangements will be conducted under the auspices of the Industrial Relations Commission. Use of the existing rosters will not attract penalty payments, such as overtime, that may otherwise arise from the reduction in the maximum shift length prescribed in Clause 20.

 

(b)        In developing the rosters, regard will be had to any pressing personal circumstances of employees, such as child care arrangements.

 

Other Than Sydney and Central Coast

 

(c)        A transitional arrangement will apply in the stations not covered in (a) until new rosters are developed in consultation between employees, the Service and the Union. During the transitional arrangement the agreed existing rosters will continue to apply until new rosters are implemented. Where the shift length is 12 hours or more, officers will be entitled to two paid 30 minute crib breaks to be taken between the fourth and seventh hour and the eighth and eleventh hour unless otherwise agreed between the parties. Use of the existing rosters will not attract penalty payments, such as overtime, that may otherwise arise from the reduction in the maximum shift length prescribed in Clause 20.

 

20B.    Evaluation and Transition to Crib Break Arrangements - Sydney and Central Coast

 

(a)        The existing one hour unpaid meal break provisions will continue to apply until new rosters are implemented. Also, any modified meal break provisions agreed between the parties will continue to apply until new rosters are implemented. If these modified arrangements currently provide for meal penalties, such penalties will be in accordance with (e) below.

 

(b)        The extension of shift overtime payment for a missed or partially missed unpaid meal break will continue to be available until the paid crib break provision is introduced. This payment will not be subject to the phasing described in (e). This payment will cease when rosters incorporate paid crib breaks.

 

(c)        The penalty for a missed or incomplete meal break will be phased out as described below to ultimately be in accordance with the penalty for a missed or incomplete crib break as prescribed in Clause 20.

 

(d)        The penalty for a missed or incomplete meal break is based upon the penalty prescribed in the previous award at Clause 10(b) and (c) ie:

 

"(b)      Employees working shifts that incorporate a meal break shall be allowed a meal break of not less than one hour no later than four hours nor more than six hours from the starting time of shifts unless otherwise agreed between the parties. In respect of shifts of eight hour and nine hour duration, which include a one-hour meal break, employees shall be given the one hour meal break, not less than four nor more than five and one half hours from the starting time of shifts unless otherwise agreed between the parties.

 

(c)        Employees working shifts that incorporate a meal break who are recalled to duty from their meal break shall be paid in respect of the first call out, one hour at ordinary rates and in respect of any subsequent call out, ordinary rates extra for the time so worked; provided, that the subsequent call out occurs prior to him or her having completed the meal break. At the beginning of the seventh hour, the meal is considered to have commenced and one hour’s penalty at ordinary rates is to be paid for the first case. Subsequent cases referred to in the subclause will attract ordinary time extra until the full meal break has been taken.

 

This penalty shall also apply where an employee is sent to his or her meal prior to the completion of the fourth hour. This provision will not apply to employees on night shift although the appropriate meal break, in accordance with the provisions contained in subclause (b) of this clause, shall be given unless otherwise agreed between the parties."

 

(e)        The prescribed penalty in (d) above will be reduced as follows:

 

(i)         By 25% between the 12 September 2008 to 5 December 2008

 

(ii)        By a further 25% between 5 December 2008 to 16 January 2009 -(a total reduction of  50%).

 

(iii)       By a further 25% between 16 January 2009 to 27 February 2009 - (a total reduction of 75%)

 

(f)        Employees participating in the roster evaluation in 20A(a)(ii) will be paid either the amount prescribed in 20B(e) or the historical average of the allowance paid for the particular group of employees, which ever is the greater. The historical average is based on payments made to employees in the relevant dispatch board over the six months ending 12 September 2008.  The reconciliation will correspond with the pay period.

 

(g)        From 27 February 2009, the penalty for a missed or incomplete meal break will be at the rate prescribed in 20(d) above.

 

21.       Allocated Days Off

 

(a)       

 

(i)         Employees who work on a roster other than a modified hours roster shall have their hours arranged to include a proportion of one hour (such proportion will be on the basis of 0.4 of one hour for each eight-hour shift worked) which shall accumulate towards the employees allocated day off duty on pay.

 

(ii)        Unless otherwise agreed between the parties, each day worker, subject to paragraph (i) of this sub-clause, shall be free from duty for not less than two full days in each working week and at least one allocated day off in each 28-day period.

 

(iii)       Unless otherwise agreed between the parties, each shift worker, subject to paragraph (i) of this subclause, shall be free from duty for not less than two full days in each week or four full days in each two working weeks and at least one allocated day off in each 28-day period, unless otherwise agreed between the Service and the employee.

 

(iv)       The employee’s allocated day off duty prescribed in paragraph (i) of this subclause shall be determined by mutual agreement between the Service and the employee, having regard to the needs of the Service. Where practicable, such allocated day off duty shall be consecutive with the employee’s other days off duty.

 

(v)        Once set, the allocated day off duty may not be changed in a current roster cycle unless there are genuine unforeseen circumstances prevailing or by mutual agreement between the Service and the employee. Where these circumstances exist and the allocated day off is changed, another day shall be substituted in the current cycle. Should this not be practicable, the day must be given and taken in the next cycle immediately following.

 

(vi)       There shall be no accrual of credit towards an allocated day off for the first four weeks of ordinary annual leave taken in accordance with clause 29, Annual Leave.  However, where an employee has accumulated sufficient time to take his or her allocated day off duty prior to entering on annual leave, and that day would have been taken if the employee had not gone on annual leave, it shall be allowed to the employee on the first working day immediately following the period of leave.

 

(vii)      Where an employee has not accumulated sufficient time for an allocated day off prior to entering on annual leave, time in credit shall count towards taking the next allocated day off duty falling in sequence after the employee’s return to duty.

 

(viii)     An employee entitled to allocated days off duty in accordance with subclause (a) of this clause shall continue to accumulate credit towards his or her allocated day off duty whilst on sick leave. Where an employee’s allocated day off duty falls during a period of sick leave, the employee’s available sick leave shall not be debited for that day.

 

(ix)       Where an employee’s allocated day off duty falls due during a period of workers’ compensation, the employee, on returning to duty, shall be given the next allocated day off duty in sequence, irrespective of whether sufficient credit has been accumulated or not.

 

(x)        Where a day worker’s allocated day off falls on a public holiday as prescribed by clause 28, Public Holidays, the employee shall be given the option of taking the next working day off as rostered or substituting another day in lieu thereof by mutual agreement with the Service.

 

(xi)       Where a shift worker’s allocated day off falls on a special or additional public holiday, he or she shall be paid an additional day or half day’s pay, as the case may be, at ordinary rates.

 

22.       Roster of Hours

 

(a)        The ordinary hours of duty prescribed by clause 20, Hours of Duty, shall be worked according to rosters which shall be exhibited at least 7 calendar days before the commencement date of the roster and shall show the hours of duty for the agreed roster period or 28 days whichever is the greater. Casual employees are not subject to this clause.

 

(b)        In exceptional circumstances, arising from additional work demands or unplanned absences of other employees, the roster may be changed with 7 days notice. In so doing, due regard will be had to the family and carers commitments of employees effected.

 

(c)        Work will be performed by the most efficient means. To achieve this, the Service will deploy skills based on operational needs and case priority. This will include the deployment of officers to meet operational needs. Efficient deployment may require an officer to report for duty at another work location within the shift or roster. Deployment to another station within the roster will only occur within reasonable travelling distance (having regard to the circumstances of each case).

 

(d)        The parties agree that there will be no forced transfers as a result of the implementation of subclause (c) of this clause.

 

(e)       

 

(i)         There shall be a minimum break of ten hours between shifts, except in case of an    emergency or agreement between the Service and the employee.

 

(ii)        However, an employee who works so much overtime after the completion of their shift on any day that results in less than eight consecutive hours off duty before the commencement of their next shift will be released after the completion of such overtime until they have had eight consecutive hours off duty, with no loss of pay for ordinary working time occurring due to such absences.

 

(f)        Subject to compliance with subclause (a) and (b) of this clause, the roster of an employee may only be altered by mutual agreement between the parties.

 

(g)        Employees may arrange for shift changes with the following provisos:

 

(i)         Where the Service’s prior consent is given to swap a shift, the employee working the shift shall record the working of that shift on his or her time sheet with payment made accordingly.

 

(ii)        Shift swaps should only occur on the basis that each employee maintains an average of 38 hours per week.

 

(iii)       Where a shift is to be paid back it shall be done in the current agreed roster period or, where this is not practical, within the following agreed roster period, or in a future roster period approved by the Service.

 

(h)       

 

(i)         A day off duty for employees working a roster other than a modified hours roster shall be 24 hours plus a minimum 6 hours between the shifts.

 

(ii)        A day off duty for employees working a modified hours roster shall be 24 hours.

 

(iii)       Where an employee’s normal rostered day off is cancelled by the Service, he or she shall be paid at overtime rates unless otherwise agreed between the parties.

 

(i)         Where an employee is rostered to an allocated day off, that day off is to be shown on the roster.

 

(j)         The rosters of shift workers shall provide for an equitable distribution of Saturday and Sunday work between employees working the same roster.

 

(k)        The parties agree that changes to rosters that will significantly affect employees and/or that where a new branch station is opened there will be genuine consultation between the parties.

 

23.       Employees on Call

 

(a)       

 

(i)         Time on call means time during which an employee who is rostered off duty is required to hold himself or herself in readiness to answer a call. In any one day where an employee answers telephone calls when not on call, he or she is to be paid for one hour at ordinary rates of pay.

 

(ii)        The provisions for employees recalled to work are contained in this clause. A recall under this clause shall not be treated as overtime for any other purpose and shall not be treated as time worked for the purposes of Clause 22 Roster of Hours.

 

(iii)       Whilst no provision is made as to freedom from on call, it is the intention of the parties that employees should be free from call, as far as practicable, on at least 14 days in each roster cycle of 28 days. However if required by the employer, and with the agreement of the employee, an employee can be on call in excess of 14 days in each roster cycle of 28 days. In such circumstance, the employee shall receive the daily on call allowance for each such additional episode.

 

(iv)       The parties will review any situation where an employee is required to be consistently on call in excess of 14 days in each 28-day cycle.

 

(v)        A period of on call is to be regarded as commencing at the completion of duty on one rostered shift to the commencement of duty on the next rostered shift.

 

(vi)       Employees shall not be required to be on call during any part of a rostered day off duty, ie. from the end of the shift before the rostered period off duty and the commencement of the shift after the rostered period off duty.

 

(b)       

 

(i)         Time on call shall not be counted as time worked unless an employee is called to duty, in which case the employee shall be paid for a minimum of four hours at overtime rates for each time he or she is recalled; provided that where a second or subsequent call is received by an employee whilst he or she is still performing duties associated with the first call, he or she shall attend the second or subsequent call without additional payment, unless the total time exceeds four hours, in which case payment shall be made for the actual time worked at overtime rates.

 

(ii)        Where an employee is on-call and is recalled to duty and such recall merges with the employees normal commencing time, such work shall attract overtime for the actual time worked and not a call out.

 

(iii)       A call out shall be deemed to commence at the time the employee is tasked by the Operations Centre and shall be deemed to be complete when all duties associated with the case/s are complete.

 

(c)        Where an employee who is on call is called out for duty which in total involves 4 hours or more actual work within 8 hours of the scheduled commencement of their next rostered shift, he or she shall be entitled to exercise the Rest Options provision of the Service’s Fatigue Management Standard Operating Policy.

 

(d)        An employee who is not on call shall only be recalled to duty with the employee’s agreement. Such a recall is subject to the same provisions as recalls performed when an employee is on call.

 

(e)        The provision of paragraph (i) of sub-clause (b) of this clause shall not apply to employees attached to One-Officer Branch Stations or to employees supplied with quarters as set out in subclause (b) of clause 38 Accommodation, who are recalled to duty but not required to leave the station, in which case, the employee shall be paid for the actual period or periods of duty in any one day a minimum of two hours at overtime rates.

 

(f)       

 

(i)         The weekly on-call allowance as set out in Item 4 of Table 2A - Allowances, of Part B, Monetary rates, shall apply in the following circumstances:

 

(1)       Employees required by the Service to be on call on a roster other than a modified hours roster;

 

(2)       Employees employed on or before 31 July 1988 who are required by the Service to be on call; or

 

(3)       Employees who are required by the Service to be on call as part of a modified hours roster where the weekly on call allowance applies by agreement between the parties.

 

(ii)        The daily on-call allowance as set out in Item 3 of the said Table 2A, Allowances of Section 8 - Monetary Rates shall apply in all other circumstances where an employee is required by the Service to be on call.

 

(iii)       The provisions of paragraphs (i) and (ii) of this subclause shall not apply to resident employees in One-Officer Branch Stations, as defined in subclause (a) of clause 38, Accommodation.

 

(iv)       Payment of the on-call allowance shall not apply during periods of Annual Leave or Long Service Leave.

 

(g)        If an employee who is rostered on call is required to respond to a call, he or she shall be reimbursed actual fares or expenses incurred in travelling to and from work, unless a service vehicle is provided for this purpose.

 

(h)        If an employee rostered on call is required to use his or her own motor vehicle, then he or she shall be paid the specified journey rate as prescribed by clause 50 of the Public Sector Employment and Management (General) Regulation, 1996, as amended from time to time, for all kilometres travelled.

 

24.       Overtime

 

(a)        Subject to clause 23, Employees On Call, all time worked in excess of the rostered hours on any one day shall be paid for at the rate of time and one-half for the first two hours and thereafter at the rate of double time, provided that overtime worked on a Public Holiday shall be paid for at the rate of double time and one-half.

 

(b)        Overtime shall be computed on the wages prescribed by Tables 1A and 1B in Section 8 - Monetary Rates, and the allowance prescribed by clause 23, Employees On Call, as compensation for time on-call shall be disregarded.

 

(c)        Employees shall, when required, work reasonable levels of overtime to meet the needs of the Service.

 

(d)        Should an employee be required to work overtime for more than two hours before his or her normal commencing time, or after his or her normal ceasing time, he or she shall be paid a meal allowance as set out in Item 11 of Table 2A - Allowances of  Section 8 - Monetary Rates, and shall be paid such allowance after every subsequent four hours of overtime worked.

 

(e)        Where an employee is required to work a complete overtime shift, he or she shall be given the appropriate meal break for that shift. However, the meal penalty provision of subclause (b) of clause 20, Hours of Duty, shall not apply.

 

(f)        For the purposes of assessing overtime, each day shall stand alone, provided however that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one day.

 

25.       Reasonable Hours

 

(a)        Subject to sub-clause (b) an employer may require an employee to work reasonable overtime at overtime rates.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c)        For the purposes of subclause (b) what is reasonable or other wise will be determined having regard to:

 

(i)         Any risk to employee health and safety.

 

(ii)        The employee’s personal circumstances including any family and carer responsibilities.

 

(iii)       The needs of the workplace or enterprise.

 

(iv)       The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(v)        Any other relevant matter.

 

26.       Time Off in Lieu of Overtime

 

(a)        The parties agree that an employee who is required to work overtime outside normal rostered hours may be compensated by way of time off in lieu of payment for the overtime.

 

(b)        This clause is subject to the following:

 

(i)         Time off in lieu of overtime shall be in amounts equal to the period of overtime worked;

 

(ii)        Time off in lieu of overtime must be taken within three months of the overtime being worked;

 

(iii)       Where it is not possible for an employee to take time off in lieu of overtime within the three-month period, it is to be paid out at the appropriate overtime rate based on the rate of pay applying at the time payment is made;

 

(iv)       The option of taking time off in lieu of overtime is subject to the active agreement of the Service management, so that it is conceivable that employees in one unit or location within the Service may be permitted to take time off in lieu of overtime but employees working in other locations and settings within the Service may not.

 

(v)        Employees cannot be compelled to take time off in lieu of overtime;

 

(vi)       Records of time off in lieu of overtime owing to employees and taken by employees must be maintained by the Service;

 

(vii)      Time off in lieu of overtime shall be taken at a time which is mutually agreed to by the Service and the employee;

 

(viii)     No more than 38hrs of time off in lieu of overtime can be accumulated by an employee.

 

(ix)       In making overtime available to employees the Service will not discriminate between those employees who elect to take time off in lieu of overtime in preference to those employees who elect to be paid for overtime in accordance with clause 23, Employees On Call, and/or clause 24, Overtime.

 

27.       Penalty Rates for Shift Work and Weekend Work

 

(a)        Employees working afternoon or night shifts shall be paid the following percentage in addition to the ordinary rate for such shift:

 

(i)         Afternoon shift commencing at or after 10.00 am and before 1.00 pm  - 10 per cent.

 

(ii)        Afternoon shift commencing at or after 1.00 pm and before 4.00 pm - 12.5 per cent.

 

(iii)       Night shift commencing at or after 4.00 pm and before 4.00 am - 15 per cent.

 

(iv)       Night shift commencing at or after 4.00 am and before 6.00 am - 10 per cent.

 

(v)        The additional payments prescribed under this subclause shall not form part of the employee's ordinary pay for the purpose of this Award.

 

(b)        Employees whose ordinary working hours include work on a Saturday and/or Sunday shall be paid for ordinary working hours worked between midnight Friday and midnight on Saturday at the rate of time and one-half and for ordinary hours worked between midnight on Saturday and midnight on Sunday at the rate of time and three-quarters. These extra rates shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (a) of this clause.

 

(c)        Employees who work overtime on Saturdays and Sundays shall be paid time and one half for the first two hours then at double time at the appropriate rate prescribed herein.

 

(d)        The provisions of this clause shall not apply to work performed on a public holiday or special public holiday.

 

28.       Public Holidays

 

(a)        For the purpose of this clause, the following shall be public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Local Labour Day, Christmas Day and Boxing Day and any other standard public holiday declared under section 4 of part 2 of the Public Holidays Act 2010.

 

(b)       

 

(i)         An employee to whom subparagraph (1) and (2) of subclause (a) of clause 29, Annual Leave, applies and who is required to and does work on a public holiday or a special public holiday shall be paid for the time actually worked on such holiday at the rate of double time and a half.

 

(ii)        An employee to whom subparagraph (3) and (4) of subclause (a) of the said clause 29 applies and who is required to and does work on a public holiday shall be paid in addition to the appropriate ordinary weekly rate of pay prescribed Table 1A and 1B Section 8 - Monetary Rates, at the rate of one half time extra for the rostered time actually worked on such public holiday.

 

(iii)       For the purpose of paragraphs (i) and (ii) of this subclause, the hourly rate of pay shall be one thirty-eighth of the appropriate ordinary weekly rate of pay prescribed in the said Wages Tables in Section 8 - Monetary Rates.

 

(c)        Special holidays proclaimed for any city or town are to be granted or equivalent payment made in lieu thereof to employees, either day workers or shift workers, employed in stations located in such city or town. Equivalent payment means double time and one-half.

 

Where a shiftworker’s rostered day off falls due on such day, he or she shall be paid, in addition to his appropriate weekly rate of pay, an extra day or half days pay at ordinary rates, whichever is applicable.

 

(d)        In addition to those public holidays specified in subclause (a) of this clause, employees shall be entitled to an extra public holiday each year. Such public holiday will occur on a date determined by the Service to be taken in the Christmas New Year period, or other suitable period as agreed between the Service and the Union and shall be regarded for all purposes of this clause as any other public holiday.

 

Where a shiftworker’s rostered day off or annual leave falls due on such a day, he or she shall be paid, in addition to his or her appropriate weekly rate of pay, an extra days pay at ordinary rates.

 

The foregoing will not apply in areas where, in each year, a day, in addition to the ten named public holidays specified in subclause (a) is proclaimed and observed as a public holiday and will not apply in areas where, in each year, at least two half days, in addition to the ten named public holidays specified in subclause (a) are proclaimed and observed as half public holidays.

 

Provided further, that in areas where, in each year, only one half day, in addition to the ten named public holidays specified in subclause (a) is proclaimed and observed as a half public holiday for the purposes of this Award, the whole day will be regarded as a public holiday and no additional public holiday will be observed which would otherwise apply as a result of this subclause.

 

Section 5. Leave Entitlements

 

29.       Annual Leave

 

(a)        Annual Leave shall be granted on completion of each 12 months service as follows:

 

(i)         Day Worker (as defined in clause 4, Definitions) - four weeks leave on full pay.

 

(ii)        Shift Worker (as defined in clause 4, Definitions) but who is not required to work public holidays - five weeks leave on full pay.

 

(iii)       Shift Worker (as defined in clause 4, Definitions) who has not been required to successfully complete the requirements for appointment to a Paramedic position - five weeks leave with seven weeks pay.

 

(iv)       Shift Worker (as defined in clause 4, Definitions) who has or is required to successfully complete the requirements for appointment to a Paramedic position - six weeks leave with eight weeks pay. (The leave entitlement in this sub-paragraph commenced accrual on 4 February 2002)

 

(b)        In the event that an employee’s employment has changed from a seven day per week basis to a Monday to Friday basis or vice versa, than annual leave shall be calculated on a pro rata basis.

 

(c)        It is admitted by the parties that two weeks pay has been provided to those employees to whom paragraph (iii) and (iv) of subclause (a) of this clause applies in lieu of and in consideration of public holidays being worked by such employees or which have occurred on a rostered day off.

 

(d)        To the leave prescribed by paragraph (1) of subclause (a) of this clause, there shall be added one working day for each public holiday or special public holiday or one half working day for each half public holiday or special half public holiday which occurs during a period of annual leave.

 

(e)       

 

(i)         Once an employee becomes entitled to annual leave (ie. after the initial 12 month period of employment has occurred) annual leave will be taken biannually in two separate periods of three weeks duration. Provided that the giving and taking of such leave may be postponed by mutual agreement between the parties for a further period not exceeding six months. Providing further that, with the agreement of the Service, an employee may take their annual leave in one period of 6 weeks duration.

 

(ii)        Annual leave shall be granted on a rotating roster basis, provided that such rotation complies with paragraph (i) of this subclause.

 

(iii)       Nothing in this subclause shall prevent the Service, by agreement with the employee, from allowing annual leave to an employee before the right thereto has accrued, but where leave is taken in such a case a further period of annual leave shall not commence to accrue until the expiration of the twelve months in respect of which annual leave was taken before it accrued. Provided that any leave taken by an employee under this paragraph shall not exceed the amount of proportionate annual leave standing to the credit of the employee at the time of entering upon such leave.

 

(iv)       At least six months notice shall be given to employees of the date on which they shall take their annual leave. Where an employee has been notified that he or she is to take his or her normal leave at a specified time and that time is thereafter altered by the Service, the employee shall be reimbursed any actual losses which result to him or her to the extent to which deposits paid for travel and/or accommodation are not refunded.

 

(v)        Employees may exchange/split annual leave by mutual arrangements with the approval of the Service, provided that such exchange complies with paragraph (i) of this subclause.

 

(f)        Each employee before going on annual leave shall be paid for the period of the leave at the ordinary rate of wage to which he or she is entitled under this Award and such payment shall be made before the employee commences annual leave.

 

(g)        Notwithstanding the provisions of subclause (f) of this clause, the Service agrees, subject to at least 28 days prior written authorisation by the employee, to pay the employee’s annual leave entitlements on a fortnightly basis which coincides with the normal fortnightly pay period.

 

(h)        Where the employment of an employee is terminated the employee shall be entitled to receive a proportionate payment in respect of service of less than one year, at the weekly wage to which such employee is entitled under this Award.

 

(i)         Credit of time towards an allocated day off duty as prescribed in clause 21, Allocated Days Off, shall not accrue when an employee is absent during their four weeks annual leave as provided for under the terms of the Annual Holidays Act 1944.  However, employees entitled to allocated days off duty in accordance with the said clause 21 shall accrue credit towards an allocated day off duty in respect to any additional periods of annual leave which is granted to employees in excess of the abovementioned four weeks.

 

30.       Annual Leave Loading

 

(a)        Employees who, under the Annual Holidays Act 1944, become entitled to annual leave under this clause shall be paid in respect of such leave an annual leave loading of 17.5 per cent of the appropriate ordinary weekly rate of pay prescribed by clause 11 Wages, for the classification in which the employee was employed immediately before commencing his or her annual leave.  The 17.5 per cent annual leave loading will apply only to the payments associated with actual periods of annual leave as per clause 29 (a)(1)-(4) and provided further that in no instance is the calculated amount to exceed $1,112.30.

 

(b)        Such loading is payable in addition to the pay for the period of leave given and taken and due to the employee under this Award.

 

(c)        No loading is payable where the annual leave is taken wholly or partly in advance; provided, however, that if the employment of such an employee continues until the day upon which he would have become entitled under this clause to such annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated in accordance with the rate of wages applicable on such day.

 

(d)        Where the employment of an employee is terminated by the Service for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of the annual leave to which he or is entitled, he or she shall be paid the loading provided for in subclause (a) of this clause for the period not taken.

 

(e)        Except as provided by subclause (d) of this clause, no loading is payable on the termination of an employee’s employment.

 

(f)        Where a shiftworker is given and takes annual leave, he or she shall be paid the loading set out in subclause (a) of this clause; provided that if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special public holiday) which the employee would have worked during the period of leave exceeds the loading calculated in accordance with subclause (a), then that amount shall be paid to the employee in lieu of the loading.

 

(g)        The annual leave loading or the shift penalties, whichever is appropriate, shall be paid before the employee commences annual leave.

 

(h)        Notwithstanding the provisions of subclause (g) of this clause, the Service agrees, subject to at least 28 days prior written authorisation by the employee, to pay the employee’s annual leave Loading or shift penalties on a fortnightly basis which coincides with the normal fortnightly pay period.

 

31.       Family and Community Services Leave and Personal/Carer’s Leave

 

Employees shall be granted family and community services leave and personal/carer’s leave in accordance with the provisions of the Ministry’s Policy Directive 2014_029, Leave Matters for the NSW Health Service.

 

32.       Maternity, Adoption and Parental Leave

 

This clause is to be read in conjunction with the provisions in the Service’s Instructional Circular 05/16 or subsequent replacement Instructional Circulars as issued by the Service.

 

A.         Maternity Leave

 

(a)        Eligibility for Paid Maternity Leave

 

(i)         Full time employees

 

Female employees who prior to the expected date of birth, have completed at least forty (40) weeks continuous service (of not less than 31.25 hours per week) are eligible for paid maternity leave.

 

(ii)        Permanent part-time employees

 

Permanent part-time employees are employees engaged on a permanent part-time basis as defined by their Award. Female employees employed on this basis are entitled to pro-rata paid maternity leave after forty (40) weeks continuous service.

 

(iii)       An employee who has once met conditions for paid maternity leave will not be required to again work the forty (40) weeks continuous service in order to qualify for a further period of paid maternity leave, unless:

 

(1)       there has been a break in service where the employee has been re-employed or re-appointed after resignation, medical retirement, or after her services have been otherwise dispensed with; or

 

(2)       the employee has completed a period of leave without pay of more than forty (40) weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under workers’ compensation legislation.

 

(b)        Entitlements to Paid Maternity Leave

 

(i)         Eligible employees are entitled to fourteen (14) weeks at the ordinary rate of pay from the date maternity leave commences. This leave may commence up to fourteen (14) weeks prior to the expected date of birth.

 

(ii)        Paid maternity leave may be paid:

 

on a normal fortnightly basis; or

 

in advance in a lump sum; or

 

at the rate of half pay over a period of twenty-eight (28) weeks on a regular fortnightly basis.

 

Annual and/or long service leave credits can be combined with periods of maternity leave on half pay to enable an employee to remain on full pay for that period.

 

(ii)        Should an employee return to duty during the period of paid maternity leave, such paid leave ceases from the date duties are resumed.

 

(c)        Entitlements to Unpaid Maternity Leave

 

(i)         An employee entitled to paid maternity leave is entitled to a further period of unpaid maternity leave of not more than twelve (12) months from the actual date of birth. The leave therefore does not extend beyond the child’s first birthday.

 

(ii)        Full time or permanent part time female employees who are not eligible for paid maternity leave are entitled to unpaid maternity leave of not more than 12 months.

 

(d)        Applications for Maternity Leave

 

(i)         An employee who intends to proceed on maternity leave should formally notify their Operations Manager/Operations Centre Manager (in writing) of such intention as early as possible however, not less than eight (8) weeks prior to the commencement of leave. This notice must include a statement of:

 

(1)       The intention to proceed on maternity leave;

 

(2)       The expected date of birth certified by a medical practitioner;

 

(3)       The period of leave to be taken;

 

(4)       The date on which maternity leave is to commence;

 

(5)       A Statutory Declaration stating any period of parental leave sought or taken by the employee’s spouse. This declaration must also state that the applicant is the child’s primary caregiver for the period of leave sought.

 

(6)       The entitlement to maternity leave is reduced by any period of parental leave taken by the employee’s spouse. Apart from parental leave of one (1) week at the time of birth, maternity leave is not to be taken concurrently with parental leave except as otherwise provided at subclause (a)(i) of Part D of this clause.

 

(e)        Applications for Further Maternity Leave

 

(i)         Where an employee becomes pregnant whilst on maternity leave a further period of maternity leave shall be granted.  If an employee enters on the second period of maternity leave during the currency of the initial period of maternity leave, then any residual maternity leave from the initial entitlement ceases.

 

(ii)        An employee who commences a subsequent period of maternity leave while on unpaid maternity leave under subclause (c)(i) of Part A of this clause or subclause (a)(ii) of Part D of this clause is entitled to be paid at their normal rate (ie the rate at which they were paid before proceeding on maternity leave).

 

(iii)       An employee who commences a subsequent period of maternity leave during the first 12 months of a return to duty on a part time basis as provided under subclause (a)(iii) of Part D of this clause is entitled to be paid at their substantive full time rate for the subsequent period of maternity leave.

 

(iv)       An employee who commences a subsequent period of maternity leave more than 12 months after returning to duty on a part time basis under subclause (a)(iii) of Part D of this clause, will be entitled to paid maternity leave for the subsequent period of maternity leave at their part time rate. 

 

(f)        Variations of Maternity Leave

 

After commencing maternity leave, an employee may vary the period of her maternity leave -

 

(i)         once without the consent of the Service, but with a minimum of fourteen (14) days notice in writing; and

 

(ii)        otherwise with the consent of the Service, with a minimum of fourteen (14) days notice in writing.

 

However, more advanced notice is encouraged, especially for uniformed staff because of roster arrangements.

 

(g)        Staffing Provisions

 

In accordance with obligations established by the Industrial Relations Act 1996 (Section 69) any person who occupies the position of an employee on maternity leave must be informed that the employee has the right to return to her former position. Additionally, since an employee has the right to vary the period of her maternity leave; offers of temporary employment should be in writing, stating clearly the temporary nature of the contract of employment. The duration of employment should be also set down clearly; to a fixed date or until the employee elects to return to duty, whichever occurs first.

 

(h)        Effect of Maternity Leave on Accrual of Leave, Increments, etc

 

(i)         Unpaid maternity leave does not count as service for the purposes of accruing sick leave (unless the period of unpaid leave is less than one month, although it is unlikely that unpaid maternity leave would be for such a lesser period), annual leave (unless the period of unpaid maternity leave is less than 28 calendar days) or long service leave (unless the employee has completed ten years service and the period of unpaid maternity leave is less than six months).

 

(ii)        Unpaid maternity leave is not to be counted as service for determining incremental progression. Periods of maternity leave at full pay and at half pay are to be regarded as service for incremental progression on a pro-rata basis. Notwithstanding the foregoing, increments based on age must be paid on attainment of the appropriate age.

 

(iii)       During a period of unpaid maternity leave the employee will not be required to meet the employer’s superannuation liability. The employee will, however, be required to make any necessary arrangements for their own contributions.

 

(iv)       When the employee has resumed duties, any period of full pay leave is counted in full for the accrual of annual leave and any period of maternity leave on half pay is taken into account to the extent of one half thereof when determining the accrual of annual leave.

 

(v)        Except in the case of employees who have completed ten (10) years service the period of maternity leave without pay does not count as service for long service leave purposes. Where the employee has completed ten (10) years service, the period of maternity leave without pay shall count as service provided such leave does not exceed six (6) months.

 

(vi)       Where public holidays occur during the period of paid maternity leave, payment is at the rate of maternity leave received, ie. public holidays occurring in a period of full pay maternity leave are paid at full rate and those occurring during a period of half pay leave are paid at half rate.

 

(i)         Illness Associated with Pregnancy

 

(i)         If, because of an illness associated with her pregnancy, an employee is unable to continue to work, then she can elect to use any available paid leave (sick, annual and/or long service leave) or to take any sick leave without pay.

 

(ii)        Where an employee is entitled to paid maternity leave but, because of illness or injury, is on workers’ compensation, sick, annual, long service leave, or sick leave without pay prior to the birth, such leave will cease nine (9) weeks prior to the expected date of birth. The employee will then commence on maternity leave with the normal provisions applying.

 

(j)         Effect of Premature Birth on Payment of Maternity Leave

 

An employee who gives birth prematurely prior to proceeding on maternity leave, shall be treated as being on maternity leave from the date she enters on leave to give birth to the child.

 

(k)        Stillbirth

 

In the case of a stillbirth, (as classified by the Registry of Births, Deaths and Marriages) an employee may elect to take sick leave or maternity leave, subject to production of a medical certificate. She may resume duty at any time provided she produces a doctor's certificate as to her fitness.

 

(l)         Miscarriage

 

In the event of a miscarriage, any absence from work is to be covered by the current sick leave provisions.

 

(m)      Fitness to Continue Working During Pregnancy and Alternative Work

 

(i)         Whilst an employee may commence maternity leave up to fourteen (14) weeks, prior to the expected date of birth, this is not compulsory. However, if an employee decides to continue working prior to taking maternity leave, she must be able to satisfactorily perform her normal duties.

 

(ii)        Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obligated, as far as practicable, to provide alternative employment in some other position that she is able to satisfactorily to perform, until maternity leave commences. A position to which an employee is transferred under these circumstances must be as close as possible in status and salary to her substantive position.

 

(iii)       Pregnant Ambulance Officers and Patient Transport Officers may take up their entitlement to alternative duties at any time during their pregnancy if their medical condition determines they are unable to carry out normal duties.

 

(n)        Medical Certificate Requirement

 

In the case of Ambulance Officers and Patient Transport Officers a medical certificate must be provided at 24 weeks gestation to their supervisor, confirming fitness and ability to continue working in normal duties.

 

(o)        Right to Return to Previous Position

 

(i)         An employee who returns to work after maternity leave has a right to return to her former position.

 

(ii)        Where this position no longer exists, the employee is entitled to be placed in a position nearest in status and salary to that of her former position and to which the employee is capable and/or qualified.

 

(p)        Portability of Service for Paid Maternity Leave

 

When determining an employee’s eligibility for paid maternity leave, continuous service with an organisation that is part of the government sector as defined in the  Government Sector Employment Act 2013 will be recognised, provided that:

 

service was on a full time or permanent part time (as specified) basis;

 

cessation of service with the former employer was not by reason of dismissal on any ground, except retrenchment or reduction of work;

 

the employee commences duty with the new employer on the next working day after ceasing employment with the former employer. (There may be a break in service of up to 2 months before commencing duty with the new employer, provided that the new position was secured before ceasing duty with the former employer. However, such a break in service will not be counted as service for the purpose of calculating any prior service prerequisite for paid maternity leave.)

 

Portability of service for paid maternity leave involves the recognition of service in government sector agencies for the purpose of determining an employee’s eligibility to receive paid maternity leave. For example, where an employee moves between a Public Service Department and a public hospital, previous continuous service will be counted towards the service prerequisite for paid maternity leave.

 

B.         Adoption Leave

 

(a)        Eligibility for Adoption Leave

 

(i)         All full time and permanent part time employees who are adopting a child and are to be the primary care giver of the child are entitled to unpaid adoption leave .

 

(ii)        Employees who are adopting a child and are to be the primary care giver of the child are entitled to paid adoption leave as follows:

 

Full time employees

 

Employees who, prior to the date of taking custody of the child, have completed 40 weeks continuous service (of not less than 31.25 hours per week) are eligible for paid adoption leave.

 

Permanent part-time employees

 

Permanent part-time employees are employees engaged in a permanent part-time basis as defined by their Award. These employees are entitled to pro-rata paid adoption leave after forty (40) weeks continuous service.

 

(iii)       An employee who has once met conditions for paid adoption leave will not be required to again work the forty (40) weeks continuous service in order to qualify for a further period of paid adoption leave, unless:

 

(1)       there has been a break in service where the employee has been re-employed or re-appointed after resignation, medical retirement, or after her services have been otherwise dispensed with; or

 

(2)       the employee has completed a period of leave without pay of more than forty (40) weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under workers’ compensation legislation.

 

(b)        Entitlements

 

(i)         Paid Adoption Leave

 

Eligible employees are entitled to fourteen (14) weeks at the ordinary rate of pay. This leave may commence from the date of taking custody of the child.

 

Paid adoption leave may be paid:

 

on a normal fortnightly basis; or

 

in advance in a lump sum; or

 

at the rate of half pay over a period of twenty-eight (28) weeks on a regular fortnightly basis.

 

Annual and/or long service leave credits can be combined with periods of adoption leave at half pay to enable an employee to remain on full pay for that period.

 

(ii)        Unpaid Adoption Leave

 

Eligible employees are entitled to unpaid adoption leave as follows:

 

where the child is under the age of 12 months - a period of not more than 12 months from the date of taking custody;

 

where the child is over the age of 12 months and under 18 years old - a period of up to 12 months, such period to be agreed upon by both the employee and the employer.

 

(c)        Applications for Adoption Leave

 

(i)         Due to the fact that an employee may be given little notice of the date of taking custody of a child, employees who believe that, in the reasonably near future, they will take custody of a child, should formally notify the employer as early as practicable of the intention to take adoption leave, normally 8 weeks prior. This will allow arrangements associated with the adoption leave to be made.

 

(ii)        A statement must also be provided from the adoption agency or appropriate body/government authority confirming that the applicant/ employee is to have custody and the expected date of placement of the child.

 

(d)        Applications for Further Adoption Leave

 

Same provisions as maternity leave.

 

(e)        Variations of Adoption Leave

 

Same provisions as maternity leave.

 

(f)        Staffing Provisions

 

Same provisions as maternity leave.

 

(g)        Effect of Adoption Leave on Accrual of Leave, Increments, etc

 

Same provisions as maternity leave.

 

(h)        Right to Return to Previous Position

 

Same provisions as maternity leave.

 

(i)         Portability of Service for Paid Adoption Leave

 

Same provisions as maternity leave.

 

C.         Parental Leave

 

(a)        Eligibility for Parental Leave

 

(i)         Full time employees 

 

Employees who, prior to the expected date of birth or to the date of taking custody of the child, have completed 40 weeks continuous service (of not less than 31.25 hours per week) are eligible for parental leave.

 

(ii)        Permanent part-time employees

 

Permanent part-time employees are employees engaged in a permanent part-time basis as defined by their Award. These employees are entitled to pro-rata paid parental leave after forty (40) weeks continuous service.

 

(iii)       An employee who has once met conditions for parental leave will not be required to again work the forty (40) weeks continuous service in order to qualify for a further period of parental leave, unless:

 

(1)       there has been a break in service where the employee has been re-employed or re-appointed after resignation, medical retirement, or after her services have been otherwise dispensed with; or

 

(2)       the employee has completed a period of leave without pay of more than forty (40) weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under workers’ compensation legislation.

 

(b)        Entitlements

 

Eligible employees whose spouse or partner (including a same sex partner) is pregnant or is taking custody of a child, are entitled to a period of leave not exceeding 52 weeks, which includes one week of paid leave, and may be taken as follows:

 

(i)         An unbroken period of up to one week at the time of the birth of the child, taking custody of the child or other termination of the pregnancy (short parental leave).

 

(ii)        The entitlement of one week’s paid leave may be taken at anytime within the 52 week period and shall be paid:

 

at the employees ordinary rate of pay for a period not exceeding one week on full pay, or

 

two weeks at half pay or the period of parental leave taken, whichever is the lesser period.

 

(iii)       A further unbroken period of unpaid parental leave not exceeding 52 weeks when added to short parental leave in order to be the primary caregiver of the child (extended parental leave).

 

(iv)       Extended parental leave cannot be taken at the same time as the employee’s spouse or partner is on maternity or adoption leave, except as otherwise provided at subclause (a)(i) of Part D of this clause.

 

Annual and/or long service leave credits can be combined with periods of parental leave at half pay to enable an employee to remain on full pay for that period.

 

(c)        Applications for Parental Leave

 

(i)         An employee who intends to proceed on parental leave should formally notify their employer of such intention as early as possible, so that arrangements associated with their absence can be made.

 

(ii)        The employee should give written notice of the intention to take the leave, at least four weeks before proceeding on leave, and should detail the dates on which they propose to start and end the period of leave. It is recognised in situations of taking custody of a child, little or no notice may be provided to the employee. In such an instance, the employee should notify the employer as early as practicable.

 

(iii)       The employee must, before the start of leave, provide a certificate from a medical practitioner confirming that their spouse or partner is pregnant and the expected date of birth, or in the case of an adoption, an official form or notification on taking custody of the child.

 

(iv)       In the case of extended parental leave, the employee must, before the start of leave, provide a statutory declaration by the employee stating:

 

if applicable, the period of any maternity leave sought or taken by his spouse, and

 

that they are seeking the period of extended parental leave to become the primary caregiver of the child.

 

(d)        Variations of Parental Leave

 

Same provisions as maternity leave.

 

(e)        Staffing Provisions

 

Same provisions as maternity leave.

 

(f)        Effect of Parental Leave on Accrual of Leave, Increments, etc.

 

Same provisions as maternity leave.

 

(g)        Right to Return to Previous Position

 

Same provisions as maternity leave.

 

(h)        Portability of Service for Paid Parental Leave

 

Same provisions as maternity leave.

 

D.         Right to Request

 

(a)        An employee entitled to maternity, adoption or parental leave may request the employer to allow the employee:

 

(i)         to extend the period of simultaneous parental leave use up to a maximum of eight weeks;

 

(ii)        to extend the period of unpaid maternity, adoption or extended parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)       to return from a period of maternity, adoption or parental leave on a part time basis until the child reaches school age,

 

to assist the employee in reconciling work and parental responsibilities.  

 

(b)        The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service. 

 

(c)        The employee’s request and the employer’s decision made under subclauses (a)(ii) and (iii) of this Part must be recorded in writing.

 

(d)        Where an employee wishes to make a request under subclause (a)(iii) of this Part:

 

(i)         the employee is to make an application for leave without pay to reduce their full time weekly hours of work;

 

(ii)        such application must be made as early as possible to enable the employer to make suitable staffing arrangements.  At least four weeks notice must be given 

 

(iii)       salary and other conditions of employment are to be adjusted on a basis proportionate to the employee’s full time hours, that is for long service leave the period of service is to be converted to the full time equivalent and accredited accordingly. 

 

E.         Communication During Leave

 

(a)        Where an employee is on maternity, adoption or parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(i)         make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing leave; and

 

(ii)        provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing leave.

 

(b)        The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of leave to be taken, whether the employee intends to request to return to work on a part time basis.

 

(c)        The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with subclause (a) of this Part. 

 

33.       Study Leave

 

Employees shall be granted study leave on such terms and conditions prescribed by the Service’s Instructional Circular 96/4.

 

34.       Trade Union Leave

 

Employees shall be granted trade union leave on such terms and conditions prescribed by the Ministry’s Policy Directive 2014_029.

 

35.       Long Service Leave

 

(a)        Employees shall be granted long service leave on such terms and conditions as may be applicable from time to time to employees employed under the provisions of theGovernment Sector Employment Act 2013, and the regulations made thereunder. This includes the taking of long service leave on half pay.

 

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

 

(c)        An employee returning to duty from long service leave shall be given the next allocated day off duty in sequence, irrespective of whether sufficient credits have been accumulated or not.

 

36.       Sick Leave

 

(a)        If the Service is satisfied that an employee is unable to perform his or her duties on account of illness, not attributable to the employee's misconduct, it shall grant to such employee leave of absence on full pay for a period or periods as follows:

 

(i)         All employees shall be entitled to sick leave for a period or periods not exceeding in the aggregate 114 hours in any period of 12 months.

 

(ii)        Sick leave hours will be deducted at a rate equal to the length of the shift for which the employee was rostered  ie sick leave hours will be deducted for the equivalent number of ordinary hours that would otherwise have been worked.

 

(iii)       In the event of an employee not taking the full period of 114 hours in any period of 12 months, the untaken period of such leave shall accumulate.

 

A maximum of 76 hours of the untaken hours in each period of 12 months shall accumulate in respect of available sick leave which accumulated prior to 20 June 1980.

 

(iv)       Periods of less than 38 hours shall not be re-credited to employees who are sick whilst on annual leave or long service leave.

 

(b)        The Service shall not, with the sole object of avoiding obligations under this clause, terminate the services of an employee who is unable to perform his or her duties on account of illness and who is entitled to sick leave under this clause.

 

(c)        The employee shall notify the Service, where practicable, of his or her inability to attend for duty at least four hours but in any case no less than one hour before the commencement time of duty and inform the Service, as far as possible, the estimated duration of same. 

 

(d)        All periods of sickness shall be certified by a legally qualified medical practitioner, provided however, that the Service may dispense with the requirements of a medical certificate where the absence does not exceed two consecutive days or where, in the Services opinion, circumstances are such as not to warrant such requirements.

 

(e)        An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to accident pay or workers' compensation; provided, however, that where an employee is not in receipt of accident pay, the Service shall pay to an employee, who has sick leave entitlements under this clause, the difference between the amount received, as workers' compensation and full pay.  The employee's sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by the proportion of hours which the difference bears to full-time hours. On the expiration of available sick leave, weekly compensation payments only shall be payable.

 

(f)        Any accumulation of sick leave standing to the credit of an employee as at 6 February 1998 shall be added to the leave which is accumulated pursuant to paragraph (ii) of subclause (a) of this clause.

 

Section 6. Miscellaneous

 

37.       Uniforms

 

(a)       

 

(i)         The Service shall provide each new employee with sufficient, suitable and serviceable uniforms.

 

(ii)        The Service will provide uniforms in accordance with its Uniform Policy. Any change to the policy will be the subject of consultation.

 

(iii)       Uniforms provided shall be replaced by the Service upon condemnation in equivalent numbers.

 

(iv)       The Service shall provide any other special clothing which the Service requires an employee to wear.

 

(v)        Articles of uniform and special clothing issued under paragraphs (i) and (iv) of this subclause remain the property of the Service and shall be returned by the employee upon request by the Service.

 

(b)       Any request for uniform replacement by the Service or an employee will not be unreasonably refused.

 

(c)        Employees required to wear a uniform shall be paid a laundry allowance as prescribed in Item 12 of Table 2A of Section 8 Monetary Rates.

 

38.       Accommodation

 

(a)        One-Officer Branch Stations - As compensation for time on-call, employees shall be given accommodation rent free and shall be supplied, without charge, with fuel and light. The on-call allowance as set out in paragraph (i) and (ii) of subclause (d) of clause 23, Employees On Call, shall not apply.

 

Employees shall be given relief from duty from duty for not less than two full days in each working week or four full days in each two working weeks, unless otherwise agreed between the parties, and shall be paid the maximum rate prescribed by this Award for Paramedics.

 

Days of relief from duty for an employee who works on a roster other than a modified hours roster may be accumulated by mutual arrangement between the employee and the Service up to a maximum of eight days. Nothing in this subclause shall be deemed to prohibit an employee in a one-officer branch station from temporarily leaving the station at times when he or she is rostered on duty or on-call after having made arrangements satisfactory to the Service for the proper carrying on by him or her of the service during the temporary absence.

 

(b)        Two-Officer Branch Stations - If an employee is supplied with quarters attached to an ambulance station, the maximum weekly rent shall not exceed the weekly on-call allowance specified in Item 4 of Table 2A - Allowances of Part B, Monetary Rates.

 

(c)        Rental for all other employees will be subject to such terms and conditions prescribed by the  Ministry’s Policy Directive 2005_089.

 

(d)        Where an employee is provided with accommodation and is transferred or resigns, he or she shall be given not less than four weeks notice to vacate such accommodation, such notice to take effect from the date of notification of transfer or resignation.

 

39.       Lockers and Showers

 

(a)        The Service shall provide for the use of the employees hot and cold showers and washbasins and for each employee a locker with suitable hanging facilities. Lavatory accommodation, when situated in shower or locker rooms, shall be effectively partitioned there from.

 

(b)        Lockers may only be opened for inspection in the presence of the employee but in cases where the employee neglects or refuses to be present or in any circumstances where notice to the employee is impracticable such inspection may be carried out in the absence of the employee by an employee of the Service appointed by the Chief Executive, or his or her nominee, and if practicable an Union Sub-Branch Officer, otherwise by any two employees of the Service, one of whom is nominated by the Union

 

40.       Union Subscriptions

 

The Service agrees, subject to prior written authorisation by the employee, to deduct Union Subscriptions from the pay of the authorising employee.

 

41.       Union Notice Boards

 

Each ambulance station and ambulance workplace shall permit a notice board of reasonable dimensions to be erected in a prominent position upon which the Union representatives shall be permitted to post Union notices.

 

Section 7. Award Parameters

 

42.       Issues Resolution

 

(a)        The parties must:

 

(i)         Use their best endeavours to cooperate in order to avoid grievances and disputes arising between the parties or between the Service and individual employee(s); and

 

(ii)        Abide by the procedures set out in this clause to resolve any issue which might arise; and

 

(iii)       Place emphasis on negotiating a settlement of any issue at the earliest possible stage in the process.

 

(b)        In this clause, "issue" means any question, issue, grievance, dispute or difficulty which might arise between the parties about:

 

(i)         The interpretation, application or operation of this Award; or

 

(ii)        Any allegation of discrimination in employment within the meaning of the Anti-Discrimination Act 1977 which is not covered by established policies and procedures applicable to the Service, regardless of whether the issue relates to an individual employee or to a group of employees.

 

(c)        Any issue, and in the case of a grievance or dispute, any remedy sought, must be discussed in the first instance by the employee(s) (or the Union on behalf of the employee(s) if the employee(s) so request) and the immediate supervisor of that employee(s).

 

(d)        If the issue is not resolved within a reasonable time, it must be referred by the employee(s) immediate supervisor to his or her supervisor (or his or her nominee) and may be referred by the employee(s) to the Union Organiser for the Service. Discussions at this level must take place and be concluded within two working days of referral or such extended period as may be agreed.

 

(e)        If the issue remains unresolved, it may be referred by any of the parties to more senior officials of the Union who must then confer with the Chief Executive (and/or his/her nominee(s)) of the Service. The conclusions reached by those representatives must be reported to the parties within two working days of referral or such extended periods as may be agreed.

 

(f)        If these procedures are exhausted without the issue being resolved, or if any of the time limits set out in those procedures are not met, parties may seek to have the matter mediated by an agreed third party, or the matter may be referred, in accordance with the provisions of the Industrial Relations Act 1996, to the Industrial Relations Commission of New South Wales for its assistance in resolving the issue.

 

(g)        Unless agreed otherwise by the parties, the status quo must continue whilst these procedures are being followed. For this purpose "status quo" means the work procedures and practices in place:

 

(i)         Immediately before the issue arose; or

 

(ii)        Immediately before any change to those procedures or practices, which caused the issue to arise, was made.

 

The Service must ensure that all practices applied during the operation of these procedures are in accordance with safe working practices.

 

(h)        Throughout all the stages of these procedures, adequate records must be kept by the parties of all discussions.

 

(i)         These procedures are to be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

 

(j)         All matters in dispute arising out of the application of this Award may be referred to a disputes committee consisting of not more than six members with equal representatives of the Service and the Union. Such committee shall have the power to investigate all matters in dispute and report to the Service and the Union, respectively, with such recommendation as it may think right and, in the event of no mutual decision being arrived at by the Committee, the matter in dispute may be referred to the Industrial Relations Commission of New South Wales.

 

43.       Anti-Discrimination

 

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

 

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

 

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

 

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

 

(i)         Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        Offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

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

 

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

 

NOTES -

 

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

 

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

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

44.       Benefits Not to be Withdrawn

 

Except in so far as altered expressly or by necessary implication, nothing in this Award shall, in itself, be deemed or be construed to reduce the wages of any employee at the date of the commencement of this Award.

 

45.       Exemptions

 

(a)        On and from 25 November 1977, in respect of conditions of employment relating to meals, meal breaks, on-call, Sunday penalty rates, annual leave, annual leave loading, sick leave, Relieving other members of staff, hours, working week and the issue of shoes or boots, gauntlets or gloves for employees attached to the former Hunter Region Ambulance District (as delimited by the New South Wales Ambulance Transport Service Board at a meeting held on 8 February 1963), reference is to be made to Determinations of the Health Commission dated 25 November 1977 and 14 December 1979.

 

For the purposes of this, the Hunter Ambulance District shall mean the Hunter Ambulance District as delimited by the New South Wales Ambulance Transport Service Board at a meeting held on 8 February 1963, viz:

 

Commencing on the coast between Munmorah Lake and Tuggerah or Budgewoi or Middle Lake, thence in a westerly direction to the northern shore of Tuggerah or Budgewoi or Middle Lake, thence by the northern shore of that Lake (including Budgewoi, Halekulani and Buff Point) to Wallarah Creek, thence in a straight line to the junction of the MacDonald River and Yengo (or Boree) Creek, thence by the MacDonald River in a northerly direction to where it joins the Wareng (or Howes Valley) Creek, thence by the Big Broken Back Range to Payne’s Crossing, thence in a straight line to "Mistletoe", thence by the road to Belford Railway Station, thence by the Main Northern Railway line to Black Creek and by the road from Stanhope to Cranky Corner and then by the road to "The Pass", thence by a straight line to Mount Royal, thence in a straight line to Eccleston, thence by the road to Salisbury Gap, then on to (but excluding) Salisbury, thence by the Wallorobba Range to the Railway Gates on the North Coast Railway Line, thence by the road to Wallarobba, thence by the most direct road to where it meets the Dungog-Clarencetown Road south of Brookfield, thence by that road to the bridge over the Williams River at Clarencetown (including Clarencetown), thence by that road to a point one mile south of Limeburners Creek, thence by a straight line to Dark Point on the coast, thence by the coast to the point of commencement.

 

(b)        This exemption shall only apply to those employees employed as such immediately prior to 14 October l992.

 

46.       No Extra Claims

 

Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there shall be no further claims/demands or proceedings instituted before the Industrial Relations Commission of New South Wales for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the employees covered by the Award that take effect prior to 30 June 2016 by a party to this award.

 

47.       Area, Incidence and Duration

 

(a)        This Award rescinds and replaces the Operational Ambulance Officers (State) Award published 11 February 2011 (371 I.G. 114) and all variations thereof.

 

(b)        It shall apply to all employees, as defined in this Award, employed by the Ambulance Service of New South Wales, excluding the County of Yancowinna, and shall regulate the terms and conditions of employment of such employees with the exception of employees who are classified as Paramedic Specialist and/or Team Leader and engaged to work in the Helicopter Retrieval Service of the Health Emergency and Aeromedical Services Directorate.

 

(c)        This Award takes effect from 1 July 2015 and shall remain in force for a period of one year.

 

Section 8. Monetary Rates

 

Note:- all rates contained in the following tables are effective from the first full pay period commencing on or after the date listed in the table.

 

Table 1A - Wages

 

	1.7.2015
Classification	(2.5%)
	per week
	$
Patient Transport Officer
Year 1	945.40
Year 2	987.50
Trainee Paramedic	1,103.10
Paramedic Intern
Year 1	1,134.40
Year 2	1,156.20
Paramedic
Year 1	1,230.40
Year 2	1,319.30
Paramedic Specialist
Year 1	1,418.10
Year 2	1,457.20
Year 3	1,500.90
Team Leader	1,576.00
Station Manager	1,636.20
District Manager	1,696.10
Clinical Training Officer	1,696.10
Clinical / Paramedic Educator
Year 1	2,064.40
Year 2	2,204.40

 

Table  1B - Operations Centre Staff - Wages

 

	Rate from 1.7.2015
Classification	(2.5%)
	per week
	$
Ambulance Operations Centre - Non Paramedic
Trainee	1,142.00
Year 1	1,174.40
Year 2	1,197.00
Ambulance Operations Centre Paramedic
Year 1	1,273.50
Year 2	1,365.90
Ambulance Operations Centre Paramedic Specialist
Year 1	1,398.20
Year 2	1,445.80
Year 3	1,490.80
Duty Operations Centre Officer	1,684.70
Senior Operations Centre Officer	1,732.40
Aeromedical Operations Centre Officer	1,722.80

 

Table 2A - Allowances

 

			1.7.2015
Item	Clause	Brief Description	(2.5%)
No.			per week
			$
1	5	Specialist Allowance	44.20
2	5	Rescue (Standby) Allowance	15.20
3	23	On Call Allowance (per 24hrs)	21.30
4	23	On Call Allowance (per week)	85.80
5	5	Ambulance Studies Certificate	25.90
		Allowance (current recipients only)
6	13	Climatic and Isolation Allowance	4.36
		(a)*
7	13	Climatic and Isolation Allowance	8.81
		(b)*
8	15a	Travelling Meal Allowance*	28.20
9	15c(i)	Meal Away from Station	28.20
		Allowance*
10	15c(ii)	Crib Away From Station	14.10
		Allowance*
11	24	Overtime Meal Allowance*	28.20
12	37	Laundry Allowance per week*	12.66

 

* This is not subject to Award wages increases.

 

Table 2B - Additional Allowances

 

Uniformed Operations Centres Staff

 

Item	Clause	Brief Description	1.7.2015
No.			(2.5%)
			$
1	5	Operations Centre (standby) Allowance	22.80
2	5	Operations Centre Allowance  (This Allowance is only	90.50
		applicable to Paramedics, Paramedic Specialists, Team
		Leaders, Station Managers and District Managers. Such
		an allowance is cumulative on other allowances paid to
		the employee at the time.)
3	5	Duty Operations Centre Officer-Air Ambulance	14.20
		(Transitional Allowance applicable only to officers
		employed as Air Ambulance Co-ordination Officers as at
		6 February 1998).

 

Table 2C - Living Away From Home Allowance

 

Clause	Brief Description	Rate from 1.7.2014
16	Living Away From Home Allowance*	Tier 1 - $121.25
		Tier 2 - $112.10

 

*This is not subject to Award wages increases.

 

SECTION 9. TRANSITIONAL ARRANGEMENTS

 

The transition of employees into the 2008 classification structure effective from the first pay period commencing on or after 12 September 2008:

 

Prior September 2008	After September 2008
Patient Transport Officer	Patient Transport Officer
Trainee and Year 1	Year 1
Year 2	Year 2
Ambulance Officer Trainee & Year 1	Trainee Paramedic
Ambulance Officer Grade 1	Paramedic Intern
Year 1	Year 1
Year 2	Year 2
Ambulance Officer Grade 2	Paramedic
Year 1-3	Year 1
Year 4-7	Year 2
Ambulance Officer Grade 2	Paramedic Specialist
(with Advanced Life Support qual)	Year 1
Ambulance Officer Grade 2	Paramedic Specialist
(with Intensive Care Paramedic qual.)
Year 2-3	Year 1
Year 4-5	Year 2
Year 6-7	Year 3
Station Officer Grade 1	Team Leader
Station Officer Grade 2	Station Manager
District Officer	District Manager
Clinical Training Officer	Clinical Training Officer
Ambulance Technical Educator	Clinical Training Officer
Clinical / Paramedic Educator	Clinical / Paramedic Educator
Grade 1	Grade 1
Grade 2	Grade 2
Ambulance Operations Centre - Non Paramedic	Ambulance Operations Centre - Non Paramedic
Trainee	Trainee
Year 1	Year 1
Year 2	Year 2
Ambulance Operations Centre Grade 2	Ambulance Operations Centre Paramedic
Year 1-3	Year 1
Year 4-7	Year 2
Ambulance Operations Centre Grade 2	Ambulance Operations Centre Paramedic
(with Intensive Care Paramedic qual.)	Specialist
Year 2-3	Year 1
Year 4-5	Year 2
Year 6-7	Year 3
Duty Operations Centre Officer	Duty Operations Centre Officer
Senior Operations Centre Officer	Senior Operations Centre Officer
Aeromedical Operations Centre Officer	Aeromedical Operations Centre Officer

 

 

 

 

M. J. WALTON J , President

 

 

 

 

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Printed by the authority of the Industrial Registrar.