PRIVATE MEDICAL IMAGING (STATE) AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Health Services Union, industrial organisation of employees.

 

(No. IRC 3030 of 2005)

 

 

AWARD

 

1.  Arrangement

 

Part A

 

Clause No.          Subject Matter

 

PART 1 - APPLICATION AND OPERATION OF AWARD

 

1.         Arrangement

2.         Area, Incidence and Duration

3.         Parties

 

PART 2 - EMPLOYMENT

 

4.         Definitions

5.         Probationary employment

6.         Part-time, job share and casual employment

7.         Hours

8.         Overtime

9.         Procedure to avoid industrial disputes

 

PART 3 - JOB SECURITY

 

10.       Anti-discrimination

11.       Termination of employment

12.       Redundancy

13.       Without prejudice

 

PART 4 - LEAVE

 

14.       Annual leave

15.       Personal leave

16.       Long service leave

17.       Public holidays

18.       Parental leave

19.       Jury service

 

PART 5 - REMUNERATION

 

20.       Rates of pay

21.       Payment of wages

22.       Allowances - meals, motor vehicles and on call

23.       Annual leave loading

24.       Public holidays payment

25.       Superannuation

 

PART B

 

MONETARY RATES

 

PART C

 

WORK LEVEL STATEMENT MEDICAL IMAGING ADMINISTRATION (MIA)

 

2.  Area, Incidence and Duration

 

(i)         This award rescinds and replaces the Private Medical Imaging and Radiation Technology) (State) Award published 14 December 2001 (330 IG 247) and all variations thereof.

 

(ii)        This award will apply to employers and employees as set out in clause 3 - Parties.

 

(iii)       The award will take effect on and from 29 June 2005 and will remain in effect until 30 June 2007.

 

3.  Parties

 

(i)         This award will be binding upon the Health Services Union (the Union) and its officers and members in respect of work done by employees employed in the classifications set out in Table 1 of Part B, Monetary Rates and as defined in clause 4, Definitions.

 

(ii)        Notwithstanding subclause (i) of this clause, this award will not apply to any employee whose gross earnings exceeds the sum of $90,400 per annum.

 

4.  Definitions

 

"Full-time" means - an employee who is engaged as such and who is rostered to work an average of 152 ordinary hours per four week period.

 

"Part-time" means - an employee who is engaged as such and who is required to work less than an average of 152 ordinary hours per four-week period with a minimum start of two hours per rostered day.

 

"Job share" means - a part-time employee who shares a full-time position.

 

"Casual" means - an employee who is engaged on an hourly basis other than as a permanent part-time employee or full-time employee or job share employee.

 

"CPD" means - Continuing Professional Development, which is the responsibility of the employee and includes maintaining their own CPD, and on-going career learning in consultation with their employer.

 

"Practice" means - the business entity and not the work locations.

 

"Medical Imaging Administration (MIA)" means - a person appointed as such where the principal function of the employment, as determined by the employer, is of a clerical or administrative nature, described in MIA Levels 1 to 5 and Part C, Work level statement for medical imaging administration (MIA), and who maintains their own CPD.

 

(i)         Level 1 (MIA 1)

 

At level MIA 1 the choice of actions required is clear. The employee applies knowledge and skills to a limited range of tasks. They will usually perform work within established routines, methods and procedures that are predictable, and which may require the exercise of limited discretion. They may work under direct supervision with regular checking of their progress.

 

(ii)        Level 2 (MIA 2)

 

At level MIA 2 the choice of actions required is usually clear, with limited complexity in the choice. The employee applies knowledge and skills to multi-task a range of tasks. They will perform work within established routines, methods and procedures, which involve the exercise of some discretion and minor decision making. They may work under routine supervision with intermittent checking of their work.

 

(iii)       Level 3 (MIA 3)

 

At level MIA 3 the employee will usually perform multi-task work within routines, methods and procedures where some discretion and judgment is required. The employee may be responsible for the work of others and may be required to co-ordinate such work. They will apply knowledge with depth in some areas and a broad range of skills. They may work under limited supervision with checking of their work related to overall progress.

 

(iv)       Level 4 (MIA 4)

 

At level MIA 4 the knowledge with depth in some areas is applied in a broad range of multi-task skills. There is a wide range of tasks, and the range and choice of actions required will usually be complex. Responsibility for the organisation of the work of others may be involved. Competencies are usually applied within routines, methods and procedures where discretion and judgment is required, for both self and others. They may be required to work without supervision, with general guidance on progress and outcomes sought on their work.

 

(v)        Level 5 (MIA 5)

 

At level MIA 5 knowledge with substantial depth in some areas is applied in a range of skills, which may be varied or highly specific to their multi-tasks. An employee at this level applies knowledge and skills dependently and non-routinely. Judgment and initiative are required. They may receive assistance with specific problems. They may be supervised by professional staff and may be responsible for the planning and management of the work of others.

 

"Medical Imaging Liaison (MIL)" - A person appointed to MIL represents the practice and applies their knowledge, skill and experience to this position. Their primary task is to liaise with referrers and promote the practice/organisation to meet the business and clinical objectives of the practice/organisation and maintains their own CPD. Their experience may have been obtained in a Radiology Practice but not necessarily. They would bring a depth of knowledge and broad range of skills relevant to the position.

 

"Medical Imaging Technologist (MIT)" means - a person appointed as such where the principal function of the employment as determined by the employer in medical imaging is described in the following Levels 1 to 6: Medical Radiographer (MR); Nuclear Medicine Technologist (NMT); Radiation Therapist (RT); Ultrasonographer (U); and Magnetic Resonance Imaging (MRI) and who maintains their own CPD.

 

"Medical Radiographer (MIT-MR)" means - a Medical Imaging Technologist appointed as such by the employer and who meets the standards required by the Royal Australian and New Zealand College of Radiologists quality and accreditation program for MIT-MR and who maintains their own CPD.

 

(i)         Level 1 - Medical Radiographer (MIT-MR 1) in Professional Development Year (PDY)

 

At level MIT-MR 1 PDY the employee will have completed training at a tertiary institution or be accredited as a radiographer or nuclear medicine technologist or radiation therapist by a relevant body in the appropriate jurisdiction. This is the first year of work after completion of studies and it forms part of final assessment. They may be competent in performing routine procedures, but would require on-the-job training and supervision in all aspects of workflow, work quality and administrative tasks. A licence in the appropriate jurisdiction as recognised by the Health Insurance Commission must be held.

 

(ii)        Level 2 - Medical Radiographer (MIT-MR 2)

 

At level MIT-MR 2 the employee will have completed training in his/her Professional Development Year (PDY) and is competent in performing routine procedures; requires further on-the-job training relative to some examinations or procedures performed infrequently. Although under general instruction from their immediate supervisor, they will be expected to have begun managing their workflow and work quality to be aware of the importance of patient satisfaction, and will liaise productively with other members of staff. It is anticipated that they may have begun training in subspecialties.

 

(iii)       Level 3 - Medical Radiographer (MIT-MR 3)

 

At level MIT-MR 3 the employee will be an experienced employee who will be required to work under only general directions from their supervisor and be capable of performing complex and difficult examinations. The employee will effectively manage examination quality of routine procedures, workflow and patient satisfaction and will liaise effectively with all other staff members.  They may be training in subspecialties.  They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas to which they are assigned.

 

(iv)       Level 4 - Medical Radiographer (MIT-MR 4)

 

At level MIT-MR 4 the employee may be in charge of a section of a large, multi-modality practice. They will have been trained in areas of sub-specialisation. They will usually be required to supervise examinations performed by less experienced staff while, as a senior staff member, will be required to assist in the administrative functions of the practice and provide relief cover when necessary.  They will work co-operatively and productively with all other members of staff.  They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas to which they are assigned.

 

(v)        Level 5 - Medical Radiographer (MIT-MR 5)

 

At level MIT-MR 5 the employee will be in charge of a section of a large, multi-modality practice or in charge of a smaller practice. The employee will be required to supervise examinations performed by less experienced staff. They will be required to assist in the administrative functions of the practice and in planning the workload and throughput of the practice. They may receive direction from the Chief Radiographer or Chief Nuclear Medicine Technician, where appointed, or directly from the radiologist/ surgeon/ physician or manager supervising the practice. They will work co-operatively and productively with all other members of staff. They will have the necessary experience and qualifications to effectively manage their section or the practice. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas for which they are responsible.

 

(vi)       Level 6 - Chief Medical Radiographer (MIT-CMR 6)

 

The MIT-CMR 6 is the most senior Medical Imaging Technologist in the practice who will be responsible directly to the radiologist/ surgeon/ physician or manager supervising the practice or be in charge of more than one practice. This level of employment is generally restricted to the larger multi-modality practice. The chief will supervise and be responsible for the work and productivity of all other members of staff, administrative functions of the practice, including accreditation and compliance requirements, and will be responsible for the effective management of patient throughput and the staff rosters. They will possess the necessary qualifications and experience to manage any practice in the group including a large multi-modality practice. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas for which they are responsible.

 

"Nuclear Medicine Technologist (MIT-NMT)" means - a Medical Imaging Technologist appointed as such by the employer who meets the standards required by the Royal Australian and New Zealand College of Radiologists quality and accreditation program for MIT-NMT and who maintains their own CPD.

 

(i)         Level 1 - Nuclear Medicine Technologist (MIT-NMT 1) in Professional Development Year (PDY)

 

At level MIT-NMT 1 PDY the employee will have completed training at a tertiary institution or be accredited as a radiographer or nuclear medicine technologist or radiation therapist by a relevant body in the appropriate jurisdiction. This is the first year of work after completion of studies and it forms part of final assessment. They may be competent in performing routine procedures, but would require on-the-job training and supervision in all aspects of workflow, work quality and administrative tasks. A licence in the appropriate jurisdiction as recognised by the Health Insurance Commission must be held.

 

(ii)        Level 2 - Nuclear Medicine Technologist (MIT-NMT 2)

 

At level MIT-NMT 2 the employee will have completed training in their Professional Development Year (PDY) and be competent in performing routine procedures; requires further on-the-job training relative to some examinations or procedures performed infrequently. Although under general instruction from their immediate supervisor, they will be expected to have begun managing their workflow and work quality to be aware of the importance of patient satisfaction, and will liaise productively with other members of staff.

 

(iii)       Level 3 - Nuclear Medicine Technologist (MIT-NMT 3)

 

At level MIT-NMT 3 the employee will be an experienced employee who would be required to work under only general directions from their supervisor and be capable of performing complex and difficult examinations. The employee will effectively manage examination quality of routine procedures, workflow and patient satisfaction and will liaise effectively with all other staff members. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas to which they are assigned.

 

(iv)       Level 4 - Nuclear Medicine Technologist (MIT-NMT 4)

 

At level MIT-MRT 4 the employee may be in charge of a section of a large, multi-modality practice. They will have a detailed understanding of all aspects of Nuclear Medicine Science. They will usually be required to supervise examinations performed by less experienced staff while, as a senior staff member, will be required to assist in the administrative functions of the practice and provide relief cover when necessary. They will work co-operatively and productively with all other members of staff. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas to which they are assigned.

 

(v)        Level 5 - Nuclear Medicine Technologist (MIT-NMT 5)

 

At level MIT-NMT 5 the employee may be in charge of a section of a large, multi-modality practice or be in charge of a small practice. They will have a detailed understanding of all aspects of Nuclear Medicine Science. They will be required to supervise examinations performed by less experienced staff. They will be required to assist in the administrative functions of the practice and in planning the workload and throughput of the practice. They may receive direction from the Chief Nuclear Medicine Technician, where appointed, or directly from the radiologist/surgeon/physician or manager supervising the practice. They will work co-operatively and productively with all other members of staff. They will have the necessary experience and qualifications to effectively manage their section or the practice. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas for which they are responsible.

 

(vi)       Level 6 - Chief Nuclear Medicine Technologist (MIT-CNMT 6)

 

The MIT-CNMT 6 is the most senior Medical Imaging Technologist in the practice who will be responsible directly to the physician or manager supervising the practice. The Chief may be in charge of more than one practice. In smaller sites there may not be someone appointed at this level. The Chief will supervise and be responsible for the work and productivity of all other members of staff, administrative functions of the practice, including accreditation and compliance requirements, and will be responsible for the effective management of patient throughput and the staff rosters. They will have a detailed understanding of all aspects of Nuclear Medicine Science. They will possess the necessary qualifications and experience to manage any practice in the group including a large multi-modality/site practice. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas for which they are responsible.

 

"Radiation Therapist (MIT-RT)" means - a Medical Imaging Technologist appointed as such by the employer who meets the standards required by the Royal Australian and New Zealand College of Radiologists quality and accreditation program for MIT-RT and who maintains their own CPD.

 

(i)         Level 1 - Radiation Therapist (MIT-RT 1) in Professional Development Year (PDY)

 

At level MIT-RT 1 PDY the employee will have completed training at a tertiary institution or be accredited as a radiographer or nuclear medicine technologist or radiation therapist by a relevant body in the appropriate jurisdiction. This is the first year of work after completion of studies and it forms part of final assessment. They may be competent in performing routine procedures, but would require on-the-job training and supervision in all aspects of workflow, work quality and administrative tasks. A licence in the appropriate jurisdiction as recognised by the Health Insurance Commission must be held.

 

(ii)        Level 2 - Radiation Therapist (MIT-RT 2)

 

At level MIT-RT 2 the employee will have completed training in their Professional Development Year (PDY) and be competent in performing routine procedures; requires further on-the-job training. Although under general instruction from their immediate supervisor, they will be expected to have begun managing their workflow and work quality to be aware of the importance of patient satisfaction, and will liase productively with other members of staff.

 

(iii)       Level 3 - Radiation Therapist (MIT-RT 3)

 

At level MIT-RT 3 the employee will be an experienced employee who would be required to work under only general directions from their supervisor and be able to demonstrate a high level of knowledge and proficiency in radiation therapy. The employee will effectively manage workflow and patient care and will liase effectively with all other staff members. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas to which they are assigned.

 

(iv)       Level 4 - Radiation Therapist (MIT-RT 4)

 

At level MIT-RT 4 the employee may be in charge of a section i.e. planning or linear accelerator; they will have been trained in all areas of radiation therapy and be required to supervise less experienced staff. As a senior staff member it will be a requirement to assist in the administrative functions of the practice and provide relief cover when necessary. They will work co-operatively and productively with all other members of staff. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas to which they are assigned.

 

(v)        Level 5 - Radiation Therapist (MIT-RT 5)

 

At level MIT-RT 5 the employee will be in charge of a department with one Linear Accelerator. They will be responsible for the patient service standards, productivity of all other members of staff, administrative functions of the practice, including accreditation and compliance requirements, and will be responsible for the effective management of patient throughput and the staff rosters. They will be responsible directly to the Radiation Oncologist or manager supervising the practice. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas for which they are responsible.

 

Or

 

At level MIT-RT 5 the employee will be required to supervise less experienced staff. They will be required to assist in the administrative functions of the practice and in planning the workload and throughput of the practice. They may receive direction from the Chief Radiation Therapist or from the Radiation Oncologist or manager supervising the practice. They will work co-operatively and productively with all other members of staff. They will have the necessary experience and qualifications to effectively manage their section or the practice. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas for which they are responsible.

 

(vi)       Level 6 - Chief Radiation Therapist (MIT-CRT 6)

 

The MIT-CRT 6 is the most senior Medical Imaging Technologist in the practice who will be responsible directly to the Radiation Oncologist or manager supervising the practice. This level of employment is generally restricted to department with two or more Linear Accelerators. The Chief will be responsible for the patient service standards, productivity of all other members of staff, administrative functions of the practice, including accreditation and compliance requirements, and will be responsible for the effective management of patient throughput and the staff rosters. They will possess the necessary qualifications and a detailed understanding of all aspects of radiation therapy and experience to manage a Radiation Oncology Department in the group. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas for which they are responsible.

 

"Ultrasonographer (MIT-U)" means - a Medical Imaging Technologist appointed as such by the employer who meets the standards required by the Royal Australian and New Zealand College of Radiologists quality and accreditation program for MIT-U and who maintains their own CPD.

 

(i)         Level 2 - Ultrasound (MIT-U 2)

 

At level MIT-U 2 the employee will have begun training in ultrasound to be eligible for registration as an ultrasonographer on the Australian Sonographers Accreditation Register (ASAR) as recognised by the Health Insurance Commission. The employee will be undertaking training to perform routine ultrasound procedures. Such training will include on-the-job instruction in technique and protocols by the employer in relation to these tasks and will require constant supervision of the employee. When the employee commences training at this level they may not yet be enrolled in the Diploma of Medical Ultrasound (DMU) or equivalent tertiary studies. However, they will be expected to work towards this qualification. The employee will be working towards managing examination quality of routine ultrasound procedures, workflow and patient satisfaction and will work under general directions from their supervisor. They will also demonstrate a willingness to learn and perform more complex and difficult techniques and procedures under the supervision of appropriately qualified staff and will work with relevant personnel to ensure compliance with ultrasound accreditation processes for the practice.

 

(ii)        Level 3 - Ultrasound (MIT-U 3)

 

At level MIT-U 3 the employee will be trained in ultrasound and be registered on the ASAR register. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas to which they are assigned.

 

(iii)       Level 4 - Ultrasound (MIT-U 4)

 

At level MIT-U 4 the employee will be trained in ultrasound and on the ASAR register. The employee will effectively manage examination quality of all ultrasound examinations including more complex and less frequently performed examinations, workflow and patient satisfaction and will work under general instructions from their supervisor in these areas. They will work with relevant personnel to ensure compliance with the ultrasound accreditation processes for the practice. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas to which they are assigned.

 

(iv)       Level 5 - Ultrasound (MIT-U 5)

 

At level MIT-U 5 the employee will be trained in ultrasound and on the ASAR register. The employee will supervise staff training in ultrasound and be experienced in and have demonstrated competence in all areas of ultrasound. They may receive direction from the Chief Radiographer, where appointed, or directly from the radiologist/physician or manager supervising the practice. They will assist in administrative tasks in ultrasound and in planning of the rosters, workload and productivity of ultrasound staff. They will ensure patient satisfaction and examination quality of their work and that of any staff member supervised and will work co-operatively and productively with all other members of staff. They will ensure that documents necessary for the continuance of the practice’s ultrasound accreditation are maintained and kept up-to-date. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas for which they are responsible.

 

"Magnetic Resonance Imaging (MIT-MRI)" means - a Medical Imaging Technologist appointed as such by the employer who meets the standards required by the Royal Australian and New Zealand College of Radiologists quality and accreditation program for MIT-MRI and who maintains their own CPD.

 

(i)         Level 2 - Magnetic Resonance Imaging (MIT-MRI 2)

 

At level MIT-MRI 2 the employee will have begun training in MRI and will be training to perform routine procedures in this subspecialty. The employee will require on-the-job instruction in technique and protocols by senior staff in relation to these tasks and will require constant supervision. When the employee begins training at this level they may not be enrolled in post-graduate tertiary studies. However, they will be expected to participate in an appropriate accreditation program and begin working towards Level 1 Accreditation.

 

(ii)        Level 3 - Magnetic Resonance Imaging (MIT-MRI 3)

 

At level MIT-MRI 3 the employee’s training in MRI may have commenced their Master of Health Science program or a program of equivalent tertiary studies in MRI. The employee may have attained Level 1 accreditation in MRI in the accreditation program or be working towards this level. The employee will be working towards managing examination quality of routine MRI procedures, workflow and patient satisfaction and will work under general directions from his/her supervisor. They will also demonstrate a willingness to learn and perform more complex and difficult techniques and procedures under the supervision of appropriately qualified staff and will work with relevant personnel to ensure compliance with the MRI accreditation processes for the practice. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas to which they are assigned.

 

(iii)       Level 4 - Magnetic Resonance Imaging (MIT-MRI 4)

 

At level MIT-MRI 4 the employee will be trained in MRI and may have successfully completed his/her Master of Health Science program or equivalent tertiary studies in MRI as well as the Certificate of Specialisation in MRI. The employee will be accredited at Level 1 and be working towards Level 2 accreditation. They will effectively manage examination quality of all MRI examinations, workflow and patient satisfaction and will work under general instructions from their supervisor in these areas. They will work with relevant personnel to ensure compliance with the MRI accreditation process for the practice. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas to which they are assigned.

 

(iv)       Level 5 - Magnetic Resonance Imaging (MIT-MRI 5)

 

At level MIT-MRI 5 the employee will be trained in MRI and may have successfully completed their Masters in Health Science with a Certificate of Specialisation in MRI or equivalent tertiary studies and be an experienced senior MRI operator. They will also be accredited at Level 2. They will supervise staff training in MRI and be experienced in and have demonstrated competence in all areas of MRI. They may receive direction from the Chief Radiographer, where appointed, or directly from the radiologist/physician or manager supervising the practice. They will assist in administrative tasks in MRI and in planning of the rosters, workload and productivity of the MRI staff and will ensure patient satisfaction and examination quality of their work and that of any staff member supervised. They will work co-operatively and productively with all other members of staff; will take responsibility for the practice’s MRI accreditation process; and will ensure that documents necessary for the continuance of the practice’s MRI accreditation are kept up-to-date and that relevant testing procedures are carried out in a timely manner. They will demonstrate an ability and willingness to train less experienced staff in areas in which they are competent. They will demonstrate a willingness to perform and to have knowledge of the general maintenance requirements of the areas for which they are responsible.

 

"Imaging Assistant" means - an employee appointed to assist others in the practice in the performance of their work, and who maintains their own CPD.

 

"Commission" means - the Industrial Relations Commission of New South Wales.

 

"Union" means - the Health Services Union.

 

5.  Probationary Employment

 

(i)         Notwithstanding anything elsewhere contained in this award, an employer may employ an employee on a probationary basis.

 

(ii)        The period of probation will be for an initial period of not more than three months provided that where considered by the employer to be justified, the initial probationary period may be extended by a further probationary period of not more than three months. An employee may not be employed on a probationary basis for a period exceeding six months.

 

(iii)       Notwithstanding any provision contained elsewhere in this award, the employment of a probationary employee may be terminated by the employer or the employee upon the giving of one week’s notice or the payment or forfeiture of one week’s salary where such notice is not given.

 

6.  Part-Time, Job Share and Casual Employment

 

(i)         Part-time

 

Part-time employees have full-time employee entitlements on a pro rata basis.

 

(ii)        Job share

 

(a)        Job share employees have full-time employee entitlements on a pro rata basis.

 

(b)        For job share employees the ordinary hours of work for the full-time position will be in accordance with clause 7 - Hours, in terms of responsibility for organising the job share employee’s coverage of work it shall, in the first instance, be the primary responsibility of the two job share employees to roster themselves so that they adequately cover the entire spread of hours.

 

(c)        Where this is not possible because of ill health or other unexpected emergency, the employer must be notified as soon as possible of the inability of the job share employees to cover the entire spread of hours.

 

(iii)       Casual

 

Casual employees may be engaged by agreement on two or more starts per day.

 

7.  Hours

 

(i)         Hours of work will be rostered to establish nominal starting and finishing times for employees. The ordinary working hours, exclusive of meal times, will not exceed an average of 152 hours per four week period.

 

(ii)        Consultation is to occur on the method of implementation of the ordinary working hours. However, the final choice as to the method of implementation rests with the employer. Circumstances may arise where different methods of implementation of the ordinary working hours may apply to individual employees or various groups or sections of employees in the establishment.

 

(iii)       Ordinary hours for full-time or part-time employees will be between 7.00 a.m. to 9.00 p.m. Monday to Friday, and between 8.00 a.m. and l.00 p.m. on Saturday. Ordinary hours worked by full-time or part-time employees between 8.00 a.m. and l.00 p.m. on Saturdays will be paid at the rate of time and a half. Hours worked by full-time and part-time employees outside these times attract overtime rates in accordance with clause 8 - Overtime.

 

(iv)       Where a work location of a practice services patients on a seven day a week basis the ordinary hours of full-time and part-time employees at that work location will be between 7 a.m. and 9 p.m. on such days; where such work is undertaken on a Saturday it will be paid at the rate of time and a quarter; on Sunday it will be paid at the rate of time and a half. Hours worked by full-time and part-time employees at such locations before 7 a.m. or after 9 p.m. on any day will attract overtime rates in accordance with clause 8 - Overtime.

 

(v)        An unpaid break of not less than 30 minutes and not more than one hour will be allowed for a meal within five hours of commencement. This provision may be varied by agreement between the employer and an individual employee.

 

(vi)       Where work is required urgently the unpaid meal break may be deferred, and must be taken as soon as practicable.

 

(vii)      Up to two paid tea breaks of up to 10 minutes duration may be allowed each day for full-time employees. The time of taking such break(s) is subject to the workload of the practice.

 

8.  Overtime

 

(i)         Full-time

 

(a)        A full-time employee who on any given day works outside the ordinary rostered hours of his or her employment for a period of less than 30 minutes, will be entitled to an equivalent amount of time off work, at a time mutually convenient to the employee and the employer.

 

(b)        A full-time employee who on any given day works outside the ordinary rostered hours of his or her employment for period in excess of 30 minutes, will be entitled to receive overtime payment at the rate of time and a half for the first two hours and double time thereafter. In lieu of overtime payment an employee may elect to take time off work at a time mutually convenient to the employee and the employer. The single hourly rate for overtime will be calculated by dividing the weekly rate by 38.

 

(ii)        Part-time

 

(a)        A part-time employee who on any given day works outside the ordinary rostered hours of full-time employees employed in a similar position for a period of less than 30 minutes, will be entitled to elect to take either an equivalent amount of time off work at a time mutually convenient to the employee and the employer or payment in accordance with subclause (ii)(c) of this clause.

 

(b)        A part-time employee who on any given day works outside the ordinary rostered hours of full-time employees employed in a similar position for a period in excess of 30 minutes, will be entitled to receive overtime payment at the rate of time and a half for the first two hours and double time thereafter. In lieu of overtime payment an employee may elect to take time off work at a time mutually convenient to the employee and the employer. The single hourly rate for overtime will be calculated by dividing the weekly rate by 38.

 

(c)        A part-time employee who by agreement with the employer works beyond his or her ordinary rostered hours, or on days on when he or she does not usually work will be paid at ordinary rates of pay subject to subclauses (i),(ii),(iii) and (iv) of clause 7, Hours.

 

(iii)       Job share

 

A job share employee will not receive overtime payments for any time worked within the rostered ordinary hours for the shared job.

 

(iv)       Casual

 

For work done by a casual employee in excess of an average of 38 hours in a week the rate of pay will be time and a half for the first two hours and double time thereafter. Overtime for such employee will be calculated on a pay period basis.

 

(v)        Recall

 

(a)        An employee who is recalled to work overtime after leaving the employer’s premises will be paid at the rate of time and a half for the first two hours and double time thereafter for the time taken to perform the work required and for the time taken in travelling to and from the employer’s premises subject to a maximum of 15 minutes travel each way.

 

(b)        An employee who is recalled to work overtime after leaving the employer’s premises will be paid for a minimum of two hours’ work including travelling time.

 

(c)        An employee who is recalled to work overtime after leaving the employer’s premises will also be entitled to payment of reasonable travelling expenses incurred.

 

(vi)       Reasonable hours

 

(a)        Subject to subclause (i)(b) of this clause an employer may require an employee to work reasonable overtime at overtime rates unless or as otherwise provided for under the award.

 

(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 (vi)(b) of this clause what is unreasonable or otherwise will be determined having regard to:

 

(A)      Any risk to employee health and safety.

 

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

 

(C)       The needs of the workplace or enterprise.

 

(D)       The notice (if any) given by the employer of the overtime and by the employee of their intention to refuse it; and

 

(E)       Any other relevant matter.

 

9.  Procedure to Avoid Industrial Disputes

 

The employees and the employer will confer with a view to resolving all industrial disputes by direct negotiation and consultation. All disputes will be dealt with in the following manner so as to ensure the orderly settlement of the matters in question:

 

(i)         Any industrial dispute which arises will, where possible, be settled by discussion on the job between the employees and the employees’ immediate supervisor.

 

(ii)        If the matter is not resolved, the matter will be further discussed between the affected employees, the employees’ nominated representative (who may be a Union representative) and the supervisor or manager of the relevant section or department, and the assistance of the employer’s industrial relations representative will be sought.

 

(iii)       If no agreement is reached, the employee’s nominated representative will discuss the matter with the employer’s industrial relations representative.

 

(iv)       In the interest of patient care work will continue normally. No party will be prejudiced as to the final settlement by the continuance of work in accordance with the procedures.

 

(v)        Should the matter still not be resolved it may be referred by the parties to the Industrial Relations Commission of New South Wales for conciliation.

 

10.  Anti-Discrimination

 

(i)         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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11.  Termination of Employment

 

(i)         Employment, other than of a casual, will be terminated only by appropriate notice on either side or by the payment by the employer or forfeiture by the employee of wages in lieu of notice.

 

(ii)        Notice of termination

 

Period of continuous service	Minimum period of notice
1 year or less	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

 

(iii)       Employees with at least two years’ service aged 45 or older will be given an additional one-week’s notice.

 

(iv)       Casuals are to be given and will give notice to the end of the current shift worked.

 

12.  Redundancy

 

(i)         Definition

 

Redundancy occurs when an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.

 

(ii)        Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

 

(iii)       Severance pay

 

(a)        In addition to the period of notice prescribed for ordinary termination in subclause (ii) of this clause an employee whose employment is terminated by reason of redundancy must be paid, subject to further order of the Commission, the following amount of severance pay in respect of a continuous period of service:

 

(A)      If an employee is under 45 years of age, the employer will pay in accordance with the following scale:

 

Years of Service	Entitlement under 45 years of age
Less that 1 year	Nil
1 year and less that 2 years	4 weeks
2 years and less that 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

(B)       Where an employee is 45 years of age or over, the entitlement will be in accordance with the following scale:

 

Years of service	Entitlement 45 years of age and over
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

(b)        Week’s pay means the ordinary time rate of pay for the employees concerned.

 

(c)        Severance will not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

 

(iv)       Employee leaving during notice period

 

An employee whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice. However, in this circumstance the employee will not be entitled to payment in lieu of notice.

 

(v)        Alternative employment

 

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

 

(vi)       Time off during notice period

 

(a)        During the period of notice of termination given by the employer an employee will be allowed up to one days time off without loss of pay during each week of notice for the purpose of seeking other employment.

 

(b)        If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee will, at the request of the employer, be required to produce proof of attendance at an interview or he or she will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

 

(vii)      Superannuation benefits

 

(a)        Subject to further order of the Commission where an employee who is terminated receives a benefit from a superannuation scheme, they will only receive under subclause (iii) of this clause the difference between the severance pay specified in that clause and the amount of the superannuation benefit they receive which is attributable to employer contributions only.

 

(b)        If this superannuation benefit is greater than the amount due under the said subclause (iii) then they will receive no payment under that clause.

 

(viii)     Employees exempted

 

(a)        This clause will not apply where employment is terminated as a consequence of conduct that justifies instant dismissal including inefficiency within the first 14 days, neglect of duty or misconduct, and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.

 

(b)        Notwithstanding the foregoing provisions trainees who are engaged for a specific period of time will, once the traineeship is completed and provided that the trainee services are retained, have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of his or her traineeship and is re-engaged by the same employer within six months of such termination, the period of traineeship will be counted as service in determining any future redundancy entitlements.

 

(ix)       Employers exempted

 

Subject to an order of the Commission, in a particular redundancy case, this clause will not apply to employers who employ less than 15 employees.

 

(x)        Incapacity to pay

 

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer’s incapacity to pay.

 

(xi)       Transmission of business

 

Where the business or part of the business is transmitted from one employer to another, an employee whose employment is transferred from one employer to the other at the time of the transmission will have the service with both employers deemed to be continuous. In this sub-clause transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

 

13.  Without Prejudice

 

This award will not operate to cause an employee to suffer a reduction in ordinary time earnings or departure from standards in regard to hours of work, annual leave or long service leave.

 

14.  Annual Leave

 

(i)         All full-time employee(s) will be entitled to four weeks’ annual leave after 12 months’ continuous service. Part-time and job share employees will be entitled to the leave on a pro rata basis.

 

(ii)        Employers will give employees three months’ notice where practicable and in any event not less than one month’s notice of the date from which annual leave will be taken.

 

(iii)       Otherwise the provisions of the Annual Holidays Act 1944 (NSW) will apply.

 

15.  Personal Leave

 

The provisions of this clause apply to full-time and regular part-time and job share employees, but do not apply to casual employees.

 

(i)         Amount of paid personal leave

 

(a)        Paid personal leave is available to an employee when they are absent due to:

 

personal illness or injury (sick leave); or

 

for the purposes of caring for an immediate family or household member that is sick and requires the employee’s care and support (carer’s leave); or

 

because of bereavement on the death of an immediate family or household member (bereavement leave).

 

(b)        The amount of personal leave to which an employee is entitled depends on how long they have worked for the employer and accrues as follows:

 

Length of time worked for the employer	Personal leave days
Less than 3 months	0
3 months to less than 12 months after 1 July 2004	8
Each year thereafter after 30 November 1998	8
Maximum accumulation of untaken sick leave	56

 

(c)        In any year unused personal leave accrues by the lesser of:

 

(A)      eight days in any year after 30 November 1998, less the total amount of sick leave and carer’s leave taken during the year; or

 

(B)       the balance of the year’s unused personal leave.

 

(d)        Personal leave may accumulate to a maximum of 56 days.

 

(ii)        Immediate family or household

 

(a)        The entitlement to carer’s or bereavement leave is subject to the person in respect of whom the leave is taken being either:

 

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

 

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

 

(b)        The term immediate family includes:

 

(A)      spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as their husband or wife on a bona fide domestic basis; and

 

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

 

(iii)       Sick leave

 

(a)        Definition

 

Sick leave is leave to which an employee other than a casual is entitled without loss of pay because of their personal illness or injury.

 

(b)        Entitlement

 

(A)      The amount of personal leave an employee may take as sick leave depends on how long they have worked for the employer and accrues as follows:

 

Length of time worked for the employer sick leave	Rate of accrual of
Less than 3 months	0
3 months to less than 12 months after 1 July 2004	8
Each year thereafter after 30 November 1998	8
Maximum accumulation of untaken sick leave	56

 

(B)       After the first three months of service an employee must be paid for any sick leave to which they were not entitled, due to insufficient service during the first three months up to a maximum of 38 hours and up to a total of eight days during the first year of service.

 

(C)       Accumulated personal leave may be used as sick leave if the current sick leave entitlement is exhausted.

 

(c)        Employee must give notice

 

(A)      Before taking sick leave, an employee must give at least two hour’s notice before their next rostered starting time, unless they had a good reason for not doing so.

 

(B)       The notice must include:

 

the nature of the injury or illness (if known); and

 

how long the employee expects to be away from work.

 

(C)       If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

 

(d)        Evidence supporting claim

 

The employee must, if required by the employer, establish by production of a medical certificate issued by a registered medical practitioner or statutory declaration that the employee was unable to work because of injury or personal illness.

 

(e)        Effect of workers’ compensation

 

If an employee is receiving workers’ compensation payments, they are not entitled to sick leave.

 

(iv)       Bereavement leave

 

(a)        Paid leave entitlement

 

An employee other than a casual is entitled to use up to 12 hours personal leave as bereavement leave on any occasion on which a member of the employee’s immediate family or household dies.

 

(b)        Unpaid leave entitlement

 

Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, they are entitled to take unpaid bereavement leave.  The employer and the employee are to agree on the length of the unpaid leave. In the absence of agreement, the employee is entitled to take up to 12 hours unpaid leave.

 

(c)        Evidence supporting claim

 

The employer may require the employee to provide satisfactory evidence of the death of the member of the employee’s immediate family or household.

 

(v)        Carer’s leave

 

(a)        Paid leave entitlement

 

An employee other than a casual is entitled to use up to 40 hours personal leave each year to care for members of their immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person.

 

(b)        Notice required

 

(A)      Before taking carer’s leave, an employee must give at least two hours notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.

 

(B)       Notice must include:

 

the name of the person requiring care and support and his or her relationship to the employee;

 

the reasons for taking such leave; and

 

the estimated length of absence.

 

(C)       If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

 

(c)        Evidence supporting claim

 

The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

 

(d)        Unpaid leave

 

An employee may take unpaid carer’s leave by agreement with the employer.

 

16.  Long Service Leave

 

(i)         Employees will be entitled to long service leave on the following basis:

 

(a)        An employee who has completed 10 years of service with an employer will be entitled to take two months’ long service leave, and a further one month for every five years completed service thereafter.

 

(b)        Upon termination an employee will be entitled to receive payment for any long service leave which has fallen due and has not been taken, and in addition shall receive pro rata payments on the following basis:

 

(A)      For service between 10 and 15 years the employee will be entitled to receive pro rata long service leave upon termination for any cause on the basis of three months for 15 years’ service.

 

(B)       An employee who has completed at least five years’ service as an adult but less than 10 years’ total service and whose services are terminated by the employer for reasons other than serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, will receive pro rata long service leave on the basis of two months for 10 years’ service.

 

(ii)        Otherwise the provisions of the Long Service Leave Act 1955 (NSW) will apply.

 

17.  Public Holidays

 

New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Sovereign’s Birthday, Labour Day, Christmas Day and Boxing Day and any day which may be proclaimed a public holiday and observed generally throughout the State or another day in lieu of any of these days are holidays under this award with payment in accordance with clause 24 - Public holidays payment.

 

18.  Parental Leave

 

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

 

(i)         Definitions

 

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

 

(b)        Subject to subclause (i)(c) of this clause, spouse includes a de facto or former spouse.

 

(c)        In relation to subclause (v) of this clause, spouse includes a de facto spouse, but does not include a former spouse.

 

(ii)        Basic entitlement

 

(a)        Parents who are full-time, part-time and job-share employees after 12 months continuous service or casual employees who have worked on a regular and systematic basis for an employer for more than one year are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

 

(b)        Subject to subclause (iii) (f) of this clause, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

 

(A)      for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

 

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

 

(iii)       Maternity leave

 

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

 

(A)      of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) at least 10 weeks;

 

(B)       of the date on which the employee proposes to commence maternity leave and the period of leave to be taken at least four weeks.

 

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

 

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

 

(d)        Subject to subclause (ii)(a) of this clause and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

 

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

 

(f)         Special maternity leave

 

(A)      Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

 

(B)       Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

 

(C)       Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

 

(g)        Where leave is granted under subclause (iii)(d) of this clause, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

 

(iv)       Paternity leave

 

(a)        An employee will provide to the employer at least 10 weeks prior to each proposed period of paternity leave, with:

 

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

 

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

 

(C)       a statutory declaration stating:

 

(1)        he will take that period of paternity leave to become the primary care-giver of a child;

 

(2)        particulars of any period of maternity leave sought or taken by his spouse; and

 

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

 

(D)       The employee will not be in breach of subclause (iv)(a) of this clause if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

 

(v)        Adoption leave

 

(a)        The employee will notify the employer at least 10 weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

 

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

 

(A)      the employee is seeking adoption leave to become the primary care-giver of the child;

 

(B)       particulars of any period of adoption leave sought or taken by the employee’s spouse; and

 

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

 

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

 

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

 

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

 

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

 

(vi)       Variation of period of parental leave

 

Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

 

(vii)      Parental leave and other entitlements

 

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

 

(viii)     Transfer to a safe job

 

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

 

(b)        If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

 

(ix)       Returning to work after a period of parental leave

 

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

 

(b)        An employee will be entitled to the position, which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to subclause (viii) of this clause, the employee will be entitled to return to the position they held immediately before such transfer.

 

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

 

(x)        Replacement employees

 

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

 

(b)        Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

 

19.  Jury Service

 

(i)         An employee other than a casual employee required to attend for jury service during their ordinary working hours will be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of the ordinary wage they would have received Monday to Friday in respect of the ordinary time they would have worked had they not been on jury service.

 

(ii)        An employee must notify the employer as soon as possible for the date upon which they are required to attend for jury service.

 

(iii)       Further, the employee must give the employer proof of attendance, the duration of such attendance and the amount paid in respect of such jury service.

 

20.  Rates of Pay

 

(i)         Full-time employees

 

Minimum rates of pay for the classifications defined in this award for full-time employees are set out in Part B, Monetary rates.

 

(ii)        Part-time and job share employees

 

Part-time employees in subclause (i) and job share employees in subclause (ii) of clause 6, Part-Time, Job Share and Casual Employment, will be paid 1/38th of the rate of pay prescribed in Table 1 of Appendix A - Monetary rates for each hour worked.

 

(iii)       Casual employees

 

(a)        Casual employees in subclause (iii) of the said clause 6 will be paid 1/38th of the rate of pay prescribed in Table 1 of Appendix A - Monetary rates plus a loading of 15 per cent for each hour worked with a minimum payment of two hours for each start.

 

(b)        Casual employees will be paid 1/12th of the ordinary rate as pro rata annual leave. Such payment will be made on the normal pay day of the employee.

 

(iv)       Exemption - Medical Imaging Administration

 

(a)        Except as to the provisions of clauses 10 - Anti-discrimination; 12 - Redundancy; 13 - Without prejudice; 14 - Annual leave; 15 - Personal leave; 16 - Long service leave; 17 - Public holidays; 18 - Parental leave; 19 - Jury service; 23 - Annual leave loading; and 25 - Superannuation, this award will not apply to full-time clerks who are in receipt of a wage in excess of 15 per cent above the rate of pay for a Medical Imaging Administration Grade 5; provided that this exemption will not apply to an employee whose wage is in excess of 15 per cent above the rate of pay for Grade 5, if such wage includes overtime payments.

 

(b)        Work levels - The indicative tasks for the levels of Medical Imaging Administration are set out in Part C, Work level statement for medical imaging administration (MIA), of this award.

 

21.  Payment of Wages

 

(i)         Wages and other payments earned during the pay period will be paid not more than three working days from the end of the pay period. An employer may pay in cash or cheque or electronic transfer or other arrangement by agreement with the employee.

 

(ii)        Depending on the employer’s pay period, full-time employee will be paid weekly, fortnightly, four weekly, or monthly. Part-time or casual employees will be paid weekly or fortnightly.

 

22.  Allowances-Meals, Motor Vehicles and on-Call

 

(i)         Meal allowance

 

An employee who is required to work more than three hours after his or her rostered time finishes will be supplied with a meal or paid a meal allowance as set out in Table 2 of Part B. Monetary Rates, of this award. A further meal or allowance will be supplied or paid on the completion of each additional four hours’ overtime worked.

 

(ii)        Motor vehicle allowance

 

Where an employee, by arrangement with the employer, provides his or her own vehicle for use in connection with the work the employee will be paid an allowance in line with ATO requirements for kilometre travelled in connection with work, as set out in the said Table 2 of Part B.

 

(iii)       On call allowance

 

An employee on call for emergency recall under subclause (e) of clause 8 will be paid an on call allowance per period when on call up to a maximum amount per week as set out in Table 2 of Part B, Monetary rates.

 

23.  Annual Leave Loading

 

(i)         An annual leave loading of 17.5 per cent is payable upon and in addition to the employee’s ordinary weekly rate prescribed under Table 1 of Part B, Monetary Rates, for the period of the annual leave taken, when the employee takes such leave. Allowances, penalty rates, overtime or any other payments prescribed under this award are not to be taken into account in calculating the amount on which the loading is payable.

 

(ii)        No loading is payable to an employee who takes an annual holiday wholly or partly in advance during the first year of employment. If the employment of such an employee continues until the day when he or she would have become entitled under the Annual Holidays Act 1944 (NSW) to an annual holiday, the loading is then paid in respect of the period of such holiday, After the first year of employment the employee may be paid a wage rate loaded to include the annual leave loading instead of receiving the loading when the leave is taken.

 

24.  Public Holidays Payment

 

(i)         Employees other than casuals who would otherwise have worked on that day will be entitled to the holiday without loss of pay. In addition to such payment, an employee who works on that day will receive payment at the rate of time and a half for all time worked.

 

(ii)        Time off in lieu may be taken for time worked on a public holiday on a time for time basis at a time mutually convenient to the employee and the employer.

 

25.  Superannuation

 

Superannuation is dealt with extensively by the legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

Part B

 

MONETARY RATES

 

Table 1 - Minimum Rates of Pay

 

 

Hourly rates are calculated by dividing the weekly rate by 38.

 

Table 2 - Allowances

 

 

*22(c) On call allowance

 

An employee on call for emergency recall under subclause (v) of clause 8, Overtime, will be paid when on-call an allowance as set out herein.

 

PART C

 

Work Level Statement for Medical Imaging Administration (MIA)

 

The work level statements for Medical Imaging Administration (MIA) are not the sole determining requirements of an employee’s level. The definitions of the levels are to be considered in conjunction with, the following work level statements. The employer will "best fit" an employee into a level in relation to the employees overall duties.

 

INFORMATION HANDLING

 

Level 1

 

Receive and distribute incoming mail

 

Receive and dispatch outgoing mail

 

Collate and dispatch documents for bulk mailing

 

File and retrieve documents

 

Level 2

 

Update and modify existing practice records

 

Remove inactive files

 

Copy data onto standard forms

 

Level 3

 

Prepare new files

 

Identify and process inactive files

 

Record documentation movements

 

Level 4

 

Categorises files

 

Ensure efficient distribution of files & records

 

Maintain security of filing system

 

Train others in the operation of the filing system

 

Compile report

 

Identify information source(s) inside and outside the organisation

 

Level 5

 

Implement new/improved system

 

Update incoming publications

 

Circulate publications

 

Identify information source(s) inside and outside the organisation

 

COMMUNICATION

 

Level 1

 

Receive and relay oral and written messages

 

Complete simple forms

 

Level 2

 

Respond to incoming telephone calls

 

Make telephone calls

 

Draft simple correspondence

 

Level 3

 

Respond to telephone, oral and written requests for information

 

Draft routine correspondence

 

Handle sensitive inquiries with tact and discretion

 

Level 4

 

Receive and process a request for information

 

Identify information source(s)

 

Compose report/correspondence

 

Level 5

 

Obtain data from external sources

 

Produce report

 

Identify need for documents and/or research

 

PRACTICE

 

Level 1

 

Identify key functions and personnel

 

Apply office procedures

 

Level 2

 

Provide information from own function area

 

Re-direct inquiries and/or take appropriate follow-up action

 

Greet visitors and attend to their needs

 

Level 3

 

Clarify specific needs of client/other employee

 

Provide information and advice

 

Follow-up on client/employee needs

 

Clarify the nature of a verbal message

 

Identify options for resolution and act accordingly

 

Level 4

 

Provide information on current service provision and resource allocation within area of responsibility

 

Identify trends in patient requirements

 

Level 5

 

Assist with the development of options for future strategies

 

Assist with planning to match future requirements with resource allocation

 

TECHNOLOGY

 

Level 1

 

Operate office equipment appropriate to the tasks to be completed

 

Open computer file, retrieve and copy data

 

Close file

 

Level 2

 

Operate equipment

 

Identify and/or rectify minor faults in equipment

 

Edit and save information

 

Produce document from written text using standard format

 

Shutdown equipment

 

Level 3

 

Maintain equipment

 

Train others in the use of office equipment

 

Select appropriate media

 

Establish document structure

 

Produce documents

 

Level 4

 

Maintain storage media

 

Devise and maintain filing system

 

Set printer for document requirements when various set-ups are available

 

Design document format

 

Assist and train network users

 

Shutdown network equipment

 

Level 5

 

Establish and maintain a small network

 

Identify document requirements

 

Determine presentation and format of document and produce it

 

ORGANISATIONAL

 

Level 1

 

Plan and organise a personal daily work routine

 

Level 2

 

Organise own work schedule

 

Know roles and functions of other employees

 

Level 3

 

Co-ordinate own work routine with others

 

Make and record appointments on behalf of others

 

Make travel and accommodation bookings in line with given itinerary

 

Level 4

 

Manage diary on behalf of others

 

Assist with appointment preparation and follow up for others

 

Organise business itinerary

 

Make meeting arrangements

 

Record minutes of meeting

 

Identify credit facilities

 

Prepare content of documentation for meetings

 

Level 5

 

Organise meetings

 

Plan and organise conference

 

TEAM

 

Level 1

 

Complete allocated tasks

 

Level 2

 

Participate in identifying tasks for team

 

Prepare statements for debtors

 

Assist others to complete tasks

 

Level 3

 

Clarify tasks to achieve group goal

 

Negotiate allocation of tasks

 

Monitor own completion of allocated tasks

 

Level 4

 

Plan work for the team

 

Allocate tasks to members of the team

 

Provide training for team members

 

Level 5

 

Draft job vacancy advertisement

 

Assist in the selection of staff

 

Plan and allocate work for the team

 

Monitor team performance

 

Organise training for team

 

BUSINESS FINANCIAL

 

Level 1

 

Record petty cash transactions

 

Prepare banking documents

 

Prepare business source documents

 

Level 2

 

Reconcile invoices for payments to creditors

 

Prepare statements for debtors

 

Enter payment summaries into journals

 

Post journals to ledger

 

Level 3

 

Reconcile accounts to balance

 

Prepare bank reconciliations

 

Document and lodge takings at bank

 

Receive and document payment/takings

 

Dispatch statements to debtors

Follow up and record outstanding accounts

 

Dispatch payments to creditors

 

Maintain stock control records

 

Level 4

 

Prepare financial reports

 

Draft financial forecasts/budgets

 

Undertake and document costing procedures

 

Level 5

 

Administer PAYE salary records

 

Process payment of wages and salaries

 

Prepare payroll data

 

 

 

J. P. GRAYSON  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.