NURSING HOMES, &c., NURSES' (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Aged and Community Services Association of NSW and ACT Incorporated, industrial organisation of employers and another.

 

(No. IRC 3069 and 3870 of 2003)

 

 

VARIATION

 

1.          Insert in numerical order in Part A of the Arrangement of the Nursing Homes, &c., Nurses' (State) Award made 29 March 2005, as varied, reference to a new clause 10A as follows:

 

10A.  Continuing Education Allowance

Table 3 - Continuing Education Allowances:

 

2.          Insert after clause 10, Special Allowances, the following new clause 10A:

 

10A.  Continuing Education Allowance

 

(i)         A registered nurse or enrolled nurse who holds a continuing education qualification in a clinical field, in addition to the qualification leading to registration or enrolment, shall be paid an allowance subject to the conditions set out in this clause.

 

(ii)        The qualification must be accepted by the employer to be directly relevant to the competency and skills used by the employee in the duties of the position.

 

(iii)       The allowance is not payable to Deputy Directors of Nursing or Directors of Nursing unless it can be demonstrated to the satisfaction of the employer that more than fifty per cent of the employee’s time is spent doing clinical work.

 

(iv)       The allowance is not payable to Clinical Nurse Specialists, Clinical Nurse Consultants or Clinical Nurse Educators.

 

(v)        An RN or EN holding more than one relevant qualification is only entitled to the payment of one allowance, being the allowance of the highest monetary value.

 

(vi)       The employee claiming entitlement to a continuing education allowance must provide evidence to the employer that they hold that qualification.

 

(vii)      An RN who holds a relevant postgraduate certificate in a clinical field (not including a hospital certificate) that is accepted by the employer to be directly relevant to the competency and skills used by the RN in carrying out the duties of the position shall be paid a weekly allowance as set out in Item 1 of Table 3, Continuing Education Allowances of Part B, Monetary Rates.

 

(viii)     An RN who holds a relevant postgraduate diploma or degree in a clinical field (other than a nursing undergraduate degree) that is accepted by the employer to be directly relevant to the competency and skills used by the RN in carrying out the duties of the position shall be paid a weekly allowance as set out in Item 2 of Table 3, Continuing Education Allowances of Part B, Monetary Rates.

 

(ix)       An RN who holds a relevant master’s degree or doctorate in a clinical field that is accepted by the employer to be directly relevant to the competency and skills used by the RN in carrying out the duties of the position shall be paid a weekly allowance as set out in Item 3 of Table 3, Continuing Education Allowances of Part B, Monetary Rates.

 

(x)        An EN who holds a relevant certificate IV qualification in a clinical field (not including a certificate IV qualification which has the effect of upgrading the qualification leading to enrolment) that is accepted by the employer to be directly relevant to the competency and skills used by the EN in carrying out the duties of the position shall be paid a weekly allowance as set out in Item 4 of Table 3, Continuing Education Allowances of Part B, Monetary Rates.

 

(xi)       The allowances set out in sub-clauses (vii), (viii), (ix) and (x) hereof are not included in the employee’s ordinary rate of pay and will not constitute part of the all-purpose rate.

 

(xii)      A registered nurse or enrolled nurse who is employed on a part-time or casual basis shall be paid these allowances on a pro rata basis.

 

(xiii)     The rates for these allowances shall be adjusted in accordance with increases in other wage-related allowances contained in this award.

 

(xiv)     Where a disagreement or dispute arises concerning the eligibility of an employee for payment of a continuing education allowance, and such disagreement or dispute is not resolved by the process set out in sub-clauses (i) and (ii) of clause 44, Resolution of Disputes, negotiations between the employer and the Association must occur prior to referral to the Industrial Relations Commission for determination.

 

3.          Insert after Table 2 - Other Rates and Allowances of Part B, Monetary Rates the following new Table 3 - Continuing Education Allowances:

 

Table 3 - Continuing Education Allowances:

 

 

4.          The variations set out herein shall take effect from the beginning of the first full pay period commencing on or after 6 July 2005.

 

 

 

F. L. WRIGHT  J, President.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.