|
(018)
Nurses'
(Department of Ageing, Disability & Home Care) (State) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Department
of Ageing, Disability and Home Care.
(No. IRC 766 of 2009)
Before Commissioner
Ritchie
|
9 June 2009
|
VARIATION
1. Insert in the
Arrangement of the award published 31 October 2008 (366 I.G. 952) the following
new clause number and subject matter:
9A. Higher Grade
Duty
2. Delete
"clause 16, Annual Leave", from the arrangement and insert in lieu
thereof the following:
16. Recreation Leave
3. Delete
"clause 22, Leave Reserved" from the Arrangement and renumber clause
23, Area, Incidence and Duration to read as clause 22.
4. Delete
"Schedule 1 - Nurse Manager and Administrative Support Positions",
from the Arrangement and insert in lieu thereof the following:
Schedule 1 - Nurse
Manager and Administrative Support Positions
Large Residential
Centre
5. Delete clause
1, No Extra Claims and insert in lieu thereof the following:
1. No Extra Claims
It is a term of this award that the Association undertakes,
until 1 July 2011, not to lodge or pursue any new or extra claims, award or
over award, to salaries, rates of pay or allowances.
6. Delete in
clause 2, Definitions under the definition "Large Residence" the
third sentence "Riverside Residence; Grosvenor Residence" and insert
in lieu thereof:
"Riverside Residence"
7. Delete in the
first paragraph in clause 3, General Conditions of Employment, the reference to
the "Crown Employees (Public Service Conditions of Employment) Award
2002" and insert in lieu thereof the following:
"Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006"
8. Insert in subclause (xii) of clause 4,
Hours of Work and Free Time of Employees, the following new paragraph (b) and
renumber existing paragraph (b) to read as (c).
(b) Where days off
are preceded by a night shift an employee may be rostered to return on a morning
shift by agreement between the employee and the employer.
9. Insert at the
end of paragraph (c) of subclause (xii) of clause 4 the following:
, with the exception of subparagraph (b).
10. Delete subclause
(iii) in clause 6, Reasonable Workloads, and renumber existing subclauses (iv)
(v) and (vi) to read as (iii) (iv) and (v) respectfully.
11. Insert after
clause 9 Special Allowances, the following new clause:
9A. Higher Grade Duty
As consistent with
Clause 7 Classification of positions an employee who is called upon to relieve
and does relieve an employee in a higher classification or is called upon to
act and does act in a vacant position of a higher classification for a
continuous period of at least five working days shall be entitled to receive
for the period of such relief or acting, the minimum payment for such higher
classification. The employer shall not
rotate the performance of higher grade duty so as to avoid payment for
performance of the higher grade duty in this manner.
12. Delete clause
11, Uniforms and insert in lieu thereof the following:
11. Uniforms
(i) The Department
shall pay an employee involved in direct care of a client allowances as
follows:
(a) In lieu of
supplying shoes to an employee, the Department shall pay the said employee the
sum as set out in Item 5 of Table 2 - Other Rates and Allowances of Part B,
Monetary Allowances.
(b) In lieu of
supplying stockings to a female employee, the Department shall pay the said
employee the sum as set out in Item 5 of the said Table 2.
(c) In lieu of
supplying socks to an employee, the Department shall pay the said employee the
sum as set out in Item 5 of the said Table 2.
(d) The allowances
prescribed in this subclause continue to be payable during any period of paid leave.
(ii) The Department shall pay an employee
involved in direct care of a client a laundry allowance as set out in Item 5 of
the said Table 2. Provided that this
allowance is not payable during any period of leave which exceeds one
continuous week.
(iii) Where
the employer requires any employee to wear headgear, the facility shall provide
headgear free of charge to the employee.
(iv) Each
employee whose duties regularly require them to work out of doors shall be
supplied with suitable waterproof coat, hat and overboots. Sufficient waterproof clothing shall be made
available for use by other employees who in the course of their duties are
exposed to wet weather.
(v) The
allowances prescribed by subclauses (i) and (ii) of this clause shall be paid
to employees who are involved in direct care of a client. Such payments will be
in compensation for the cost of purchasing and maintaining suitable clothing.
(vi) Provided
that a limited number of employees transferred in 1991 under the provisions of
Schedule 3 of the Health Administration Act are entitled to sufficient,
suitable and serviceable uniforms including one pair of shoes per annum which
shall be of a recognised acceptable standard for the performance of nursing
duties, shall be supplied free of cost to each employee required to wear a
uniform. An employee to whom a new
uniform or part of a uniform has been issued who, without good reason, fails to
return the corresponding article last supplied shall not be entitled to have
such article replaced without payment therefore at a reasonable price. In lieu of supplying a uniform to an
employee, the Department may pay the said employee the sum as set out in Item 5
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(vii) An
employee, on leaving the service of an employer shall return any uniform or
part thereof supplied by the employer which is still in use by that employee
immediately prior to leaving.
(viii) The
provisions of Clause 11. Uniforms of the Nurses’ (Department of Ageing, Disability
& Home Care) (State) Review Award 2006 will continue to apply up until 1
July 2009.
13. Delete from
subclause (iii) of clause 12, Overtime the words:
"Provided that, this subclause does not apply to a
Nurse Manager Accommodation and Nursing Services".
14. Delete in
paragraph (a) of subclause (iv) of clause 12 the words:
"at overtime rates"
and insert in lieu thereof the following:
"at ordinary rates"
15. Insert after subclause
(iii) of clause 13, Payment and Particulars Salaries, the following new
subclause (iv) Underpayment and Overpayment of salaries.
(iv) Underpayment
and overpayment of salaries: The
following process will apply once the issue of underpayment or overpayment is
substantiated.
(a) Underpayment:
(i) If the amount
paid is equal to or greater than one day’s gross base pay the underpayment will
be rectified within three working days;
(ii) If the amount
is less than one day’s gross base pay it will be rectified by no later than the
next normal pay. However if the
employee can demonstrate that rectification in this manner would result in
undue hardship every effort will be made by the employer to rectify the underpayment
within three working days.
(b) Overpayment
(i) In all cases
where overpayments have occurred, the employer shall as soon as possible advise
the employee concerned of both the circumstances surrounding the overpayment
and the amount involved. The employer will also advise the employee of the pay
period from which the recovery of the overpayment is to commence.
(ii) One off
overpayments will be recovered in the next normal pay, except that where the
employee can demonstrate that undue hardship would result, the recovery rate
shall be at 10% of an employee's gross fortnightly base pay.
(iii) Unless the
employee agrees otherwise, the maximum rate at which cumulative overpayments
can be recovered is an amount, calculated on a per fortnight basis, equivalent
to 10% of the employee's gross fortnightly base pay.
(iv) The recovery
rate of 10% of an employee's gross fortnightly base pay referred to in
subclause (b) (iii) above may be reduced by agreement, where the employee can
demonstrate that undue hardship would result.
(v) Where an employee's
remaining period of service does not permit the full recovery of any
overpayment to be achieved on the fortnightly basis prescribed in subclause (b)
(iii) above, the Department shall have the right to deduct any balance of such
overpayment from monies owing to the employee on the employee's date of
termination, resignation or retirement, as the case may be.
16. Retitle clause
16, Annual Leave, to read as:
16. Recreation Leave
and substitute any occurrence of the words "Annual
Leave" within the said clause with the words "Recreation Leave".
17. Delete subclause
(i) in clause 16, and insert in lieu thereof the following:
(i) A full time
shift worker shall accrue recreation leave at the rate of six weeks per annum,
in recognition of the fact that they are required to work on public holidays
unless rostered off duty on those days as part of their normal rostered days
off.
A day worker shall accrue recreation leave at the rate
of four weeks per annum.
18. Insert a new
paragraph (b) in clause 16, and renumber existing paragraph (b) to read as (c).
(b) A day worker who
is required to and does work on a public holiday shall be paid in addition to
the appropriate ordinary rate of pay, an additional rate of time and a half
resulting in a total payment of double time and a half for time so time so
worked. Such payment shall be in lieu
of any additional rate for shift work or weekend work which would otherwise be
payable had the day not been a public holiday. Provided that in lieu of the
additional payment above the employee may elect to have an additional day added
to their recreation leave and be paid at the rate of one half time extra for
the time actually worked.
19. Delete the
second paragraph in subclause (ii) of paragraph (c) in clause 16.
20. Insert in
subclause (v) of clause 16, the following new paragraph (b).
(b) In lieu of
payment employees, entitled to an additional payment by virtue of this
subclause, may elect to take leave equivalent to the value of their additional
payment entitlement. The election is to be made in writing by the employee at
the commencement of each year of employment and is irrevocable during the
currency of that year of employment.
21. Insert after
subclause (v) of clause 16, the following new subclause (vi).
(vi) The ability to
elect to take leave under (ii)(b) and (v)(b) of this clause is not available to
employees with excess recreation leave.
22. Delete clause
22, Leave Reserved.
23. Renumber clause
23, Area, Incidence and Duration to clause 22.
24. Delete
subclauses (ii), and (iii) of clause 22, Area, Incidence and Duration and
insert in lieu thereof the following:
(ii) The changes
made to the Award pursuant to section 17 of the Industrial Relations Act
1996 vary the Nurses’ (Department of Ageing, Disability and Home Care) (State)
Award 2008 published 31 October 2008 (366 I.G. 952).
(iii) The Award
shall take effect from 1 July 2008 and shall remain in force thereafter for a
period of 3 years.
25. For Schedule 1
of Part A, add the words "Large Residential Centres" and centre the
title and as follows:
Schedule 1 of Part
A
Nurse Manager and
Administrative Support Positions
Large Residential
Centre
26. Delete the
reference "Grosvenor" in Nurse Manager Accommodation and Nursing
Services - Nurse Manager Grade 4 in Schedule 1 of Part A.
27. Delete the word
"Grosvenor" in Nurse Systems Support Coordinator (NSSC) Level 1 in
Schedule 1 of Part A.
28. Delete
the words "and Kanangra" in Nurse Manager After Hours - Nurse Manager
Grade 1, of Schedule 1 of Part A.
29. Delete Part B,
Monetary Rates and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
1st Full Pay
|
1st Full Pay
|
1st Full Pay
|
|
After 1.7.08
|
After 1.7.09
|
After 1.7.10
|
|
4%
|
4%
|
4%
|
|
per annum
|
per annum
|
per annum
|
|
$
|
$
|
$
|
Assistant in Nursing
|
|
|
|
Under 18 years - 1st Year of Experience
|
27,858
|
28,972
|
30,131
|
|
|
|
|
Under 18 years - 2nd Year of Experience
|
29,113
|
30,278
|
31,489
|
|
|
|
|
Under 18 years - Thereafter
|
30,261
|
31,471
|
32,730
|
|
|
|
|
Assistant in Nursing and Trainee Enrolled Nurse's
|
|
|
|
Aide Adult
|
|
|
|
Over 18 years - 1st Year of Experience
|
32,878
|
34,193
|
35,561
|
|
|
|
|
Over 18 years - 2nd Year of Experience
|
33,928
|
35,285
|
36,696
|
|
|
|
|
Over 18 years - 3rd Year of Experience
|
34,986
|
36,385
|
37,840
|
|
|
|
|
Over 18 years - 4th Year of Experience
|
36,070
|
37,513
|
39,014
|
|
|
|
|
Trainee Enrolled Nurse
|
|
|
|
Under 18 years - 1st Year of Experience
|
27,900
|
29,016
|
30,177
|
|
|
|
|
Under 18 years - 2nd Year of Experience
|
29,128
|
30,293
|
31,505
|
|
|
|
|
Under 18 years - Thereafter
|
30,295
|
31,507
|
32,767
|
|
|
|
|
Trainee Enrolled Nurse
|
|
|
|
Over 18 years - 1st Year of Experience
|
32,912
|
34,228
|
35,597
|
|
|
|
|
Over 18 years - 2nd Year of Experience
|
33,961
|
35,319
|
36,732
|
|
|
|
|
Over 18 years - 1st Year of Experience
|
35,025
|
36,426
|
37,883
|
|
|
|
|
Thereafter
|
36,121
|
37,566
|
39,069
|
|
|
|
|
Enrolled Nurse
|
|
|
|
1st Year of Service
|
40,392
|
42,008
|
43,688
|
2nd Year of Service
|
41,278
|
42,929
|
44,646
|
3rd Year of Service
|
42,168
|
43,855
|
45,609
|
4th Year of Service
|
43,062
|
44,784
|
46,575
|
Thereafter
|
43,960
|
45,718
|
47,547
|
|
|
|
|
Enrolled Nurse - Medication Endorsement
|
|
|
|
1st Year
|
42,516
|
44,217
|
45,986
|
2nd Year
|
43,432
|
45,169
|
46,976
|
3rd Year
|
44,354
|
46,128
|
47,973
|
4th Year
|
45,275
|
47,086
|
48,969
|
5th Year & Thereafter
|
46,204
|
48,052
|
49,974
|
|
|
|
|
Nurses undergoing pre-registration training other
|
39,486
|
41,065
|
42,708
|
than as a student
|
|
|
|
|
|
|
|
Registered Nurse
|
|
|
|
1st Year of Service
|
45,796
|
47,628
|
49,533
|
2nd Year of Service
|
48,294
|
50,226
|
52,235
|
3rd Year of Service
|
50,785
|
52,816
|
54,929
|
4th Year of Service
|
53,455
|
55,593
|
57,817
|
5th Year of Service
|
56,102
|
58,346
|
60,680
|
6th Year of Service
|
58,759
|
61,109
|
63,553
|
7th Year of Service
|
61,771
|
64,242
|
66,812
|
8th Year of Service
|
64,317
|
66,890
|
69,566
|
|
|
|
|
Clinical Nurse Consultant
|
|
|
|
1st Year
|
80,460
|
83,678
|
87,025
|
2nd Year
|
82,301
|
85,593
|
89,017
|
|
|
|
|
Clinical Nurse Specialist
|
66,940
|
69,618
|
72,403
|
*No further appointments to this classification
|
|
|
|
after 30 June 2004.
|
|
|
|
|
|
|
|
Clinical Nurse Educator
|
66,940
|
69,618
|
72,403
|
|
|
|
|
Nurse Learning and Development Officer
|
|
|
|
1st Year
|
74,255
|
77,225
|
80,314
|
2nd Year
|
76,344
|
79,398
|
82,574
|
3rd Year
|
78,218
|
81,347
|
84,601
|
4th Year
|
82,302
|
85,594
|
89,018
|
|
|
|
|
Residential Unit Nurse Manager
|
|
|
|
Level 1
|
80,680
|
83,907
|
87,263
|
Residential Unit Nurse Manager
|
|
|
|
Level 2
|
84,511
|
87,891
|
91,407
|
Residential Unit Nurse Manager
|
|
|
|
Level 3
|
86,781
|
90,252
|
93,862
|
|
|
|
|
Nurse Systems Support Officer
|
|
|
|
Level 1
|
72,290
|
75,182
|
78,189
|
Level 2
|
76,880
|
79,955
|
83,153
|
Level 3
|
|
|
|
1st Year
|
80,460
|
83,678
|
87,025
|
2nd Year
|
82,098
|
85,382
|
88,797
|
|
|
|
|
Nurse Systems Support Co-ordinator
|
|
|
|
Level 1
|
76,880
|
79,955
|
83,153
|
|
|
|
|
Level 2
|
|
|
|
1st Year
|
80,460
|
83,678
|
87,025
|
2nd Year
|
82,098
|
85,382
|
88,797
|
|
|
|
|
Level 3
|
|
|
|
1st Year
|
80,460
|
83,678
|
87,025
|
2nd Year
|
82,098
|
85,382
|
88,797
|
3rd Year
|
83,727
|
87,076
|
90,559
|
4th Year
|
85,385
|
88,800
|
92,352
|
|
|
|
|
Level 4
|
|
|
|
1st Year
|
83,727
|
87,076
|
90,559
|
2nd Year
|
85,385
|
88,800
|
92,352
|
|
|
|
|
Nurse Manager Learning and Development Unit
|
|
|
|
1st Year
|
88,661
|
92,207
|
95,895
|
2nd Year
|
90,313
|
93,926
|
97,683
|
|
|
|
|
Nurse Manager Resource Support Unit
|
|
|
|
1st year
|
88,661
|
92,207
|
95,895
|
2nd Year
|
90,313
|
93,926
|
97,683
|
|
|
|
|
Nurse Manager
|
|
|
|
Grade 1
|
1st Year
|
80,460
|
83,678
|
87,025
|
|
2nd Year
|
82,098
|
85,382
|
88,797
|
|
|
|
|
|
Grade 2
|
1st Year
|
83,727
|
87,076
|
90,559
|
|
2nd Year
|
85,385
|
88,800
|
92,352
|
|
|
|
|
|
Grade 3
|
1st Year
|
88,661
|
92,207
|
95,895
|
|
2nd Year
|
90,313
|
93,926
|
97,683
|
|
|
|
|
|
Grade 4
|
1st Year
|
93,594
|
97,338
|
101,232
|
|
2nd Year
|
95,235
|
99,044
|
103,006
|
|
|
|
|
|
Grade 5
|
1st Year
|
98,504
|
102,444
|
106,542
|
|
2nd Year
|
100,168
|
104,175
|
108,342
|
|
|
|
|
|
Grade 6
|
1st Year
|
103,450
|
107,588
|
111,892
|
|
2nd Year
|
104,977
|
109,176
|
113,543
|
|
|
|
|
|
Grade 7
|
1st Year
|
111,652
|
116,118
|
120,763
|
|
2nd Year
|
113,304
|
117,836
|
122,549
|
|
|
|
|
|
Grade 8
|
1st Year
|
119,861
|
124,655
|
129,641
|
|
2nd Year
|
121,501
|
126,361
|
131,415
|
|
|
|
|
Nurse Manager After Hours
|
|
|
|
1st Year
|
80,460
|
83,678
|
87,025
|
2nd Year
|
82,098
|
85,382
|
88,797
|
Marsden, Rydalmere, Stockton and Kanangra
|
|
|
|
Principal Nurse Manager Accommodation and Nursing Services
|
|
|
|
1st Year
|
111,652
|
116,118
|
120,763
|
2nd Year
|
113,304
|
117,836
|
122,549
|
|
|
|
|
Nurse Manager Accommodation and Nursing Services,
|
|
|
|
Tomaree, Summer
Hill Group Homes, Summer Hill Respite and Liverpool Respite
|
|
|
|
1st Year
|
93,594
|
97,338
|
101,232
|
2nd Year
|
95,235
|
99,044
|
103,006
|
|
|
|
|
Peat Island, Kanangra, Lachlan, Riverside, Stockton,
Rydalmere, Marsden
|
|
|
|
1st Year
|
98,504
|
102,444
|
106,542
|
2nd Year
|
100,168
|
104,175
|
108,342
|
Table 2 - Other
Rates and Allowances
|
|
Allowance (Wage
Type)
|
1st Full
|
1st Full
|
1st Full
|
Item
|
Clause
|
|
Pay After
|
Pay After
|
Pay After
|
No.
|
No.
|
|
1.7.08
|
1.7.09
|
1.7.10
|
|
|
|
4%
|
4%
|
4%
|
|
|
|
per shift
|
per shift
|
per shift
|
|
|
|
$
|
$
|
$
|
1
|
9(i) &
|
Registered nurse in charge of unit in absence
|
25.06
|
26.07
|
27.11
|
|
(ii)
|
of RUNM or in charge Residence of not more
|
|
|
|
|
|
than 100 resident clients.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2
|
9 (iv)
|
Registered nurse designated as the Rover in
|
25.06
|
26.07
|
27.11
|
|
|
charge of a residence after hours (Lachlan,
|
|
|
|
|
|
Riverside)
|
|
|
|
|
|
|
|
|
|
3
|
9 (iii)
|
Registered nurse in charge in absence of
|
37.65
|
39.15
|
40.72
|
|
|
RUNM and in charge of a residence of not
|
|
|
|
|
|
more than 100 resident clients.
|
|
|
|
|
|
|
|
|
|
4
|
9(v)
|
Registered nurse designated as the Rover in
|
37.65
|
39.15
|
40.72
|
|
|
charge of a residential centre after hours
|
|
|
|
|
|
(Peat Island, Kanangra).
|
|
|
|
|
|
|
|
|
|
5
|
11(i)
|
Uniform Allowance
|
5.02
|
5.02
|
5.02
|
|
|
|
|
|
|
|
11 (iii)
|
Shoe Allowance.
|
1.55
|
1.55
|
1.55
|
|
(a)
|
|
|
|
|
|
|
|
|
|
|
|
11 (iii)
|
Stocking Allowance
|
2.60
|
2.60
|
2.60
|
|
(b)
|
|
|
|
|
|
|
|
|
|
|
|
11 (iii)
|
Sock Allowance
|
0.51
|
0.51
|
0.51
|
|
(c)
|
|
|
|
|
|
|
|
|
|
|
|
11 (iv)
|
Laundry Allowance
|
4.18
|
4.18
|
4.18
|
30. This variation
shall take effect from the first full pay period commencing on or after 1 July
2008.
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.
|