NORTHCOTT (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Health Services Union, industrial organisation of employees.

 

(No. IRC 3031 of 2005)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.          Subject Matter

 

ARRANGEMENT AND OPERATIVE CLAUSES

 

1.         Arrangement

2.         Title

3.         Parties

4.         Definitions

5.         Without Prejudice

6.         Area, Incidence and Duration

 

WAGES AND ALLOWANCES

 

7.         Pay Rates

8.         Payment and Particulars of Salary

9.         Trainee Wages

10.       Penalty Rates for Shift & Weekend Work

11.       Higher Duties

 

CONTRACT OF EMPLOYMENT

 

12.       Contract of Employment

13.       Termination of Employment

14.       Redundancy

 

HOLIDAYS AND LEAVE

 

15.       Annual Leave

16        Annual Leave Loading

17.       Personal Leave (Sick, Carers & Bereavement)

18.       Long Service Leave

19.       Public Holidays

20.       Parental Leave

21.       Jury Service

22.       Hours of Work

 

PATTERNS OF WORK

 

23.       Roster of Hours

24.       Sleepovers

25.       Longer Term Care Arrangements

26.       Overtime

27.       Time in lieu of Overtime

28.       Meals

29.       Anti-Discrimination

 

INDUSTRIAL CONSIDERATIONS

 

30.       Reasonable Hours

31.       Consultative Arrangement

32.       Disputes & Grievance Procedure

33.       Disciplinary Procedures

34.       Labour Flexibility

35.       Superannuation

36.       Union Representative

37.       Notice Board

 

PART B

 

Table 1 - Salaries

Table 2 - Allowances

Table 3 - Classification Arrangements

 

2.  Title

 

This award shall be referred to as the Northcott (State) Award

 

3.  Parties

 

This Award shall be binding upon the Health Services Union and its officers and members in respect of work done by employees of Northcott in the classifications as set out herein.

 

4.  Definitions

 

General -

 

"Union" means - The Health Services Union of New South Wales.

 

"Employer" means - Northcott (formerly The Northcott Society)

 

"Shift Worker" means - an employee rostered to work shifts as part of a 24-hour cycle across a seven-day week.

 

"Trainee" means - an employee who is engaged by the employer under an approved traineeship program. This classification shall not include employees who are indentured as apprentices.

 

Client Services -

 

"Employment Adviser" means - a person appointed as such, who possesses a qualification acceptable to the employer and who provides placement, training and follow up support for people with disabilities to assist them to acquire and maintain employment.

 

Community Services Worker means - a person appointed as such, who possesses a qualification acceptable to the employer and who provides direct support, or supervision of people who provide direct support to people with disabilities in services operated by the employer for that purpose. This may include but is not limited to: Residential Support Worker, Flexible Respite Worker, Individual and Family Support Worker, Recreation Worker, Residential Coordinator, Service Coordinator.

 

Allied Health and Community Professional means - a person appointed as such, to provide social work or therapy services on behalf of the employer. The person should possess a qualification which makes them eligible for membership of the relevant professional body eg Australian Association of Social Workers. Responsibilities may include counselling, group work, assessment, advocacy, information provision, speech pathology, occupational therapy and physiotherapy.

 

Support Services means - a person who is appointed as such and who is employed to provide general services internally to the employer. This classification is generally quite broad and may include but is not limited to job functions such as Administration, Finance, Reception, HR, IT and Property Services.

 

Specialist Services means - a group who provides a more diverse range of services externally to the employers’ clients.  This will include but is not limited to: Living Skills Educator, Librarian, Sales, Conference Centre, Orthotist and Prosthetist.

 

5.  Without Prejudice

 

Nothing in this Award shall be deemed to reduce the wages, conditions or allowances of any employee below that level accorded him/her prior to the date of operation of this Award.

 

6.  Area, Incidence and Duration

 

(i)         This Award rescinds and replaces The Northcott Society (State) Award, published 8 September 2000 (318 I.G. 490) and all variations thereof.

 

(ii)        It shall apply to all employees of Northcott in New South Wales and shall take effect from 1 July, 2005 and shall remain in effect for a period of twenty-four months.

 

7.  Pay Rates

 

(i)         Pay rates operative for employees appointed after the certification of this Award and for all other employees are shown in part B, monetary rates.

 

(ii)        Upon certification of this Award the ‘Transitional Arrangements’ detailed in Part C, will become effective.

 

8.  Payment and Particulars of Salary

 

(i)         Wages shall be paid fortnightly provided that for the purpose of adjustments of wages the pay period shall be deemed to be weekly.

 

(ii)        Employees shall have their salary paid into nominated accounts within Australia. The employer shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than pay-day.

 

(iii)       Where an employee’s position is terminated either voluntarily or involuntarily, any monies due to him/her shall be paid on the last day of their employment or if limited notice is given as soon as is practicable after such termination.

 

(iv)       On each pay-day a statement shall be made available to an employee, in respect of the payment then due. The written statement (pay advice) will contain: name, amount of ordinary salary, total number of hours of overtime worked (if any), amount of any overtime payment, annual year to date leave entitlements, amount of any other moneys paid, and purpose for which they are paid, and the amount and nature of the deductions made from total earnings.

 

(v)        Where retrospective adjustments of wages are paid to employees, such payments where practical, shall be advised on the pay statement as a separate payment to ordinary wages

 

(vi)       Notwithstanding the provisions of subclause (ii) of this clause and, where practical, an employee who has been given 4 weeks notice of termination of employment, in accordance with clause 13 - Termination of Employment, of this award, shall be paid all monies due to him/her prior to ceasing duty on the last day of employment.

 

(vii)      Where an employee is dismissed or his/her services are terminated without due notice, in accordance with the said clause 13, any monies due to him/her shall be paid as soon as possible after such dismissal or termination but in any case not more than three days thereafter.

 

9.  Trainee Wages

 

Employees engaged on an approved traineeship program shall be paid the following percentages of the minimum adult wage appropriate to the job classification in which they are training:

 

 

10.  Penalty Rates for Shift and Weekend Work

 

(i)         Shift workers working afternoon or night shift shall be paid the following rates for such shifts.

 

 

(ii)        Employees whose ordinary working hours include work on a Saturday and/or Sunday, shall be paid for ordinary working hours worked:

 

(a)        Between midnight on Friday and midnight on Saturday at the rate of 150%.

 

(b)        Between midnight on Saturday and midnight on Sunday at the rate of 175%.

 

These extra rates shall be in substitution for and not cumulative upon the shift premiums prescribed in the preceding subclause (i) of this clause.

 

11.  Higher Duties

 

(i)         Non-Shiftworker

 

When an employee receives a written offer to formally relieve another employee who is paid on a higher level/grade for a continuous period of 10 or more working days, the relieving employee shall be paid an increase of up to 10% of their current salary or package, whichever is relevant. The rate will be determined according to the level of responsibility they are expected to take. The rate increase and duration will be mutually agreed between the employer and the employee prior to commencement of the higher duties.

 

(ii)        Shiftworker:

 

A Shiftworker when called upon by the employer to perform all of the duties of a classification paid at a higher scale shall be paid on that higher scale for the time spent relieving that position.

 

12.  Contract of Employment

 

Employees under this award shall be engaged either as permanent, casual or temporary employees.

 

(A)       Part-Time -

 

(i)         A part-time employee is one who is permanently appointed by the employer to work a specified number of hours which are less than those prescribed for a full-time employee.

 

(ii)        Part-time employees shall be paid an hourly rate calculated on the basis of one thirty-eighth of the rate prescribed in Table 1, Salaries, of Part B, Monetary Rates, and

 

(iii)       Allowances, with a minimum payment of two hours for each start.

 

(iv)       Employees engaged on a part time basis shall receive all terms and conditions on a pro-rata basis unless these are specifically covered elsewhere in this Award.

 

(B)       Casual Workers -

 

(i)         A casual employee is one engaged on an hourly basis.

 

(ii)        A casual employee shall be paid on an hourly basis of one-thirty-eighth of the appropriate rate prescribed plus 15 per centum with a minimum payment of two (2) hours for each engagement.

 

(iii)       A casual employee shall be entitled to the shift allowances prescribed in clause 10, Penalty Rates for Shift and Week-end Work, of this Award.

 

(iv)       A casual employee may only be engaged for short term or emergency relief work.

 

(v)        For week-end and public holiday work casual employees shall, in lieu of all other penalty rates and the 15 per centum allowance normally paid to such workers, receive the following rates:-

 

(a)        150% loading for work between midnight Friday and midnight Saturday.

 

(b)       175% loading for work between midnight Saturday and midnight Sunday.

 

(c)        250% loading for work on a public holiday.

 

(vi)       On completion of each shift a casual employee shall be paid 1/12th of ordinary earnings in lieu of annual leave.

 

(vii)      If a shift is cancelled with less than 4 hours notice, 2 hours pay will be compensated to the casual employee. In special and exceptional circumstances this condition may be varied by mutual arrangement between the casual employee and the employer.

 

(C)       Maximum Term Workers -

 

(i)         A temporary worker is one who is employed for a maximum term period to complete a specified task or series of tasks.

 

13.  Termination of Employment

 

(i)         Four weeks notice of termination of employment shall be given by the employee or the employer, respectively. Should an employee fail to give the prescribed notice such employee shall be liable to the forfeiture of four weeks wages and where the employer terminates the services of an employee without due notice, the employee shall be paid four weeks salary in lieu thereof. Provided that where the conduct of an employee justifies instant/summary dismissal such notice of termination of employment shall not apply.

 

(ii)        Employees may make application to the Chief Executive Officer or nominee to have the required notice of termination reduced.

 

14.  Redundancy

 

(A)       Discussion before Termination.

 

This is a dispute settling procedure concerning the matter of redundancy. It supplements and adds to the current dispute settling procedure in clause 32, Disputes and Grievance Procedure, of this award.

 

(i)         Where a definite decision has been made by the employer that a particular job or job classification is no longer required and the position(s) will be deleted leading to termination of employment for one or more employees, the employer will hold discussions with the affected employee(s) and the Union. These discussions will be consistent with the said clause 32.

 

(ii)        These discussions will take place as soon as practical after the employer has made a definite decision and should cover the following subject matter:

 

(a)        Any reasons for the proposed termination(s);

 

(b)       Measures to avoid or minimalism termination(s);

 

(c)        Measures to mitigate any adverse effects on the employee(s) concerned.

 

(iii)       For the purposes of these discussions the employer will provide, in writing, to the employee(s) concerned and the Union all relevant information about the proposed terminations including:

 

(a)        The reasons for the proposed termination(s);

 

(b)       The number and classifications of employees likely to be affected;

 

(c)        The number of employees normally employed;

 

(d)       The period over which the termination(s) will be carried out.

 

The employer is not required to disclose confidential information which would reasonably be considered to be harmful to the interests of the organisation or its clients.

 

(B)       Transfer to Lower Paid Duties

 

Where an employee is transferred to a lower paid position for the reasons set out in paragraph (A) (ii) of this clause, the employee shall be entitled to the same period of notice of transfer as they would have been entitled to receive if their employment had been terminated. Alternatively, the employer may, at their option, make a payment to the affected employee(s) which is equal to the difference between the former ordinary rate of pay and the new (lower) ordinary time rate for the number of weeks of notice still owing. This payment would be in lieu of notice requirements.

 

(C)       Severance Pay

 

In addition to the period of notice determined under clause 13 - Termination of Employment and subject to further awards of the Commission, an employee whose employment is terminated for reasons set out in paragraph (a) (ii) of this clause, shall be entitled to the following amount of severance pay in respect of continuous service with the employer:

 

Period of Continuous Service:	Under 45 Years of Age	Over 45 Years of Age
Less than one year	Nil	Nil
1 Year less than 2	4 Weeks	5 Weeks
2 Years less than 3	7 Weeks	8.75 Weeks
3 Years less than 4	10 Weeks	12.5 Weeks
4 Years less than 5	12 Weeks	15 Weeks
5 Years less than 6	14 Weeks	17.5 Weeks
6 Years and over	16 Weeks	20 Weeks

 

Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had continued to the employee’s normal retirement date.

 

For the purpose of this clause, the term "week’s pay" shall mean: -

 

(i)         Where no ordinary time of pay is fixed for an employee’s work under the same terms of his/her employment, the ordinary rate of pay shall be deemed to be the average weekly rate earned by the employee during the previous twelve months immediately prior to the termination;

 

(ii)        Where no normal weekly number of hours is fixed for an employee’s work under the terms of his/her employment, the normal number of hours worked shall be deemed to be the average weekly number of hours worked by the employee during the previous twelve months immediately prior to termination;

 

(iii)       For the purpose of this clause, continuous service shall be calculated as all service with the employer where there is no more than eight weeks break between consecutive periods. Approved Leave without pay shall be counted as valid service for the purpose of this clause.

 

(D)       Employee Leaving During Notice Period

 

An employee whose employment is terminated for reasons set out in paragraph (A) (ii) of this clause may terminate employment during the notice period and, if so, shall be entitled to the same benefits and payments under the clause as if they had remained with the employer until the expiry date of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(E)        Alternative Employment

 

The employer may make an application to the Commission to have the general severance pay prescription varied in cases where the employer has been able to obtain suitable alternative employment for the employee(s).

 

(F)        Time Off During Notice Period

 

(i)         During the period of notice of termination given by the employer, the employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment;

 

(ii)        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 shall, at the request of the employer, be required to produce proof of attendance at interview or he/she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

 

(G)       Employees Exempted

 

This part shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, or in the case of temporary employees engaged for a specific period of time or for a specified task or tasks. This clause will also not apply to employees with less that one year’s continuous service.

 

(H)       Transmission of Business

 

In the event that the employer transmits any part of the business to another employer, an employee who was employed at the time of the transmission shall be deemed to have continuous service, i.e. service shall not be deemed to have been broken due to the transmission, and

 

The period of employment which the employee has had with the employer will be deemed to be in the service of the new employer.

 

In this subclause transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

 

(I)         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.

 

(J)        Payment for Notice Time

 

(i)         In addition to the period of notice determined under clause 13, Termination of Employment, and subject to further awards of the Commission, an employee whose employment is terminated for reasons set out in paragraph (A)(ii) hereof, shall be also entitled to the following additional periods of notice as determined by the following scale:

 

 

(ii)        In addition to the notice above, employees over 45 years of age at the time of giving of the notice, with not less than two years service, shall be entitled to an additional one week’s notice.

 

(iii)       Notice periods shall be worked by the employee unless by mutual agreement the requirement to work all or part of such notice period is waived. In such instances payment for the balance of notice time shall be made in lieu thereof.

 

(K)       Notice to Centrelink

 

(i)         Where a decision has been made to terminate the employment of 15 or more employees, the employer shall notify Centrelink of this, as soon as possible, giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(ii)        The employer shall provide to all employees whose employment has been terminated an Employment Separation Certificate in the form required by Centrelink.

 

15.  Annual Leave

 

(i)         All employees: See Annual Holidays Act 1944.

 

(ii)        This subclause does not apply to casual employees who will, on termination, be paid 1/12th of ordinary earnings in lieu of annual leave.

 

(iii)       Employees who are rostered to work their ordinary hours on Sundays and/or Public Holidays for annual leave purposes shall be entitled to receive an additional one week’s annual leave providing that at least 35 ordinary shifts out of a possible 52 on such days have been worked.

 

(iv)       On termination of employment, employees shall be entitled to payment for any untaken annual leave due under this subclause together with payment for any untaken leave in respect of an uncompleted year of employment, calculated in accordance with this subclause.

 

(v)        An employee entitled to additional annual leave by virtue of this subclause, will be paid an amount equivalent to the value of his/her additional leave entitlement, in lieu of taking the additional leave. Such 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.

 

(vi)       The employer shall give to each employee three months notice where practical and not less than one months notice of the date upon which the employee shall enter upon annual leave.

 

(vii)      A shift worker shall be paid whilst on annual leave his/her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave or for days which have been added to annual leave in accordance with the provisions of clause 19, Public Holidays, of this award.

 

(viii)     No employee shall be entitled to take any period of annual leave unless such leave is standing to his/her credit following that employee’s anniversary of employment.

 

(ix)       Other than on termination of employment, an employee shall not be paid in lieu for any portion of his/her accumulated annual leave.

 

(x)        The timing and periods of annual leave will be determined by mutual agreement between employee and the employer.

 

16.  Annual Leave Loading

 

(i)         An annual leave loading of 17.5% is payable upon and in addition to the employee's ordinary weekly rate prescribed in this award 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)        Annual leave loading is not applicable to employees paid above step 42.

 

(iii)       A shift worker will be paid annual leave loading or appropriate shift penalties whichever is higher.

 

17.  Personal Leave (Sick, Carers’ and Bereavement)

 

(i)         Full time employees will be entitled to 13 days personal leave every 12 months of which 10 will be accruable.

 

(ii)        Part time employees will accrue personal leave on a pro rata basis; casual employees are not eligible for personal leave.

 

(iii)       Personal leave may be used for any of the following:

 

(a)        If the employee is too ill to attend work

 

(b)        to care for family members who are dependent on the employee for care and support

 

(c)        If a member of the employees family dies or attendance at a funeral

 

(d)        If an employee’s partner gives birth or adopts or fosters a child

 

(e)        Moving house

 

The use of personal leave for (a) or (b) above must be supported by a medical certificate if it exceeds 2 consecutive working days or 5 occasions in a year.

 

(iv)       Unpaid leave may be used where an employee does not have sufficient accrued personal leave to cover in the event of a death in their immediate family.

 

(v)        An employee must, unless prevented for medical reasons accepted by the employer, report any absence due to taking personal leave to their Manager, or if not available to Human Resources, as soon as the requirement for the leave is known and in any event before 10am on the first day of absence.

 

(vi)       An employee with a long term illness which will involve continuous leave of 4 or more weeks may elect to convert all or part of their personal leave credits to half pay, thereby extending the period of paid leave available to them for that illness. The employer may require a medical certificate as a condition of approval for personal leave; however this requirement must be established prior to leave being applied for.

 

(vii)      An employee’s accrued sick, carers and bereavement leave records as at the commencement of this Award will be carried over as a personal leave credit and recorded without any loss of entitlement.

 

(viii)     A year for the purpose of this clause commences from the anniversary of the employee’s engagement. On termination of employment, accrued personal leave will not be paid out

 

18.  Long Service Leave

 

(i)         For all employees who are employed as at 1st July, 1999 Long Service Leave entitlements shall be as follows:

 

(a)        Each employee shall be entitled to two months long service leave on full pay or four months long service leave on half pay after ten years of service; thereafter additional long service leave shall accrue on the basis of five months long service leave on full pay or ten months on half pay for each ten years service.

 

(b)        For employees who commence employment after 1st July, 1999 Long Service Leave entitlements shall be in accordance with the Long Service Leave Act 1955 the basic provisions of which are:

 

(ii)       

 

(a)        Each employee shall be entitled to two months long service leave on full pay or four months long service leave on half pay after ten years of service; thereafter additional long service leave shall accrue on the basis of two months long service leave on full pay or four months on half pay for each ten years continuous service.

 

(b)        Each employee eligible for long service leave as per subclause (i)(a) of this clause shall be permitted to access pro-rata Long Service Leave after seven years.

 

(c)        An employee may elect to take a period of long service leave at double pay. i.e. an employee may use their entitlement to two months long service leave by taking one months leave and receiving two months pay for this leave.

 

(d)        Where the services of an employee with at least five years service as an adult and less than ten years service are terminated by the employer for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two months' long service leave for ten years' service.

 

(iv)       For the purposes of subclause (i) of this clause:

 

(a)        Service shall mean continuous service with the employer.

 

(b)        Broken periods of service with the employer shall count as service subject to any one such break not exceeding a period of two calendar months.

 

(c)        Service shall not include any period of leave without pay except in the case of employees who have completed at least ten years service.

 

(d)        Long Service Leave shall be taken at a time mutually arranged between the employer and the employee.

 

(v)        Employees intending to take Long Service Leave shall give a minimum of eight weeks written notice to the employer advising their intention to take such leave and the date such leave is to commence.

 

(vi)       On the termination of employment of an employee, otherwise than by his/her death, an employer shall pay to the employee the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the employee at the date of such termination.

 

(vii)      Where an employee who has acquired a right to long service leave, or after having had five years service as an adult and less than ten years service dies, the monetary value of the leave shall be transferred to his/her estate.

 

(viii)     Providing there is no break in service, Full-Time and Permanent Part-Time employees shall be entitled to have previous part-time service with the employer, which is the equivalent of at least two full days duty per week taken into account for long service leave purposes.

 

19.  Public Holidays

 

(i)         Public holidays shall be allowed to employees on full pay. Except as otherwise provided in this clause, where an employee is required to and does work on any of the holidays set out in subclause (ii) of the clause, whether for a full shift or not, the employee shall be paid at 150% loading for the ordinary rostered hours of duty on that day. Such payment is to be in lieu of weekend or shift allowances which would otherwise be payable had the day not been a public holiday.

 

(ii)        For the purpose of this clause the following shall be deemed public holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Queen's Birthday, local Labour Day and any other day duly proclaimed and observed as a public holiday within the area in which the accustomed place of work is situated.

 

(iii)       Where staff rosters are such that they incorporate a public holiday as a normal work day, the employer may direct a staff member not to report for duty on such public holiday. Where this occurs, payment for the public holiday will be paid in accordance with subclause (i) (a) of this clause.

 

Any direction by the employer for non attendance on such day shall be on a rotational basis thus permitting all employees, wherever possible, an opportunity of working an equal number of public holidays during any one year.

 

(iv)       In addition to those public holidays specified in subclause (ii) of this clause, employees are entitled to an extra public holiday each year. Such public holiday will occur on a date which is agreed by the employer and shall be regarded for all purposes of this clause as any other public holiday.

 

(v)        Subclauses (i), (ii) and (iii) of this clause shall not apply to casual employees engaged under subclause (B) of clause 12, Contract of Employment, of this award, but each such employee who is required to and does work on a public holiday as defined in the said subclauses (i), (ii) and (iii) shall be paid a loading of 250%. Such worker shall not be entitled to be paid in addition the allowance of 15% prescribed in subclause (B)(ii) of the said clause 12 in respect of such work.

 

20.  Parental Leave

 

(A)       Eligibility for Payment

 

(i)         Full time and part-time employees are eligible for paid parental leave in accordance with the following provisions:

 

(ii)

 

(a)        Permanent employees are eligible for paid parental leave when they have completed 3 years of continuous service prior to the expected date of birth.

 

(b)       An eligible employee is entitled to 4 weeks paid Parental Leave at ordinary pay. The eligible employee will receive one week’s ordinary pay for 4 consecutive fortnights, on returning to their normal duties. The Parental Leave will be paid at the rate and the hours the employee chooses to return to work on.

 

(iii)       Paid Paternity Leave - Provided that the employee is the principal carer, paid Paternity Leave will apply as per paid Parental Leave as prescribed in subclause (A)(iii) of this clause.

 

(iv)       Paid Adoption Leave - as per subclause (A)(iii) of this clause if the employee is the principal carer.

 

(v)        An employee is required to return to work for a continuous 12 months before being eligible for a second parental payment.

 

(vi)       Casual workers are not eligible for paid Parental Leave.

 

(B)       Parental Leave -General Provisions

 

Eligibility - To be eligible for Parental Leave an employee must have completed at least 40 weeks continuous service prior to the expected date of birth.

 

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

 

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

 

(ii)        The employee has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not include Sick Leave without pay, Parental Leave without pay, Adoption Leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act.

 

(iii)       Entitlement - An employee is entitled to a period of unpaid Parental Leave of not more than 12 months after the actual date of birth.

 

(iv)       Applications - An employee who intends to proceed on Parental Leave should formally notify the employer of such intention as early as possible, so that arrangements associated with the absence can be made.

 

(v)        Notice - Written notice of not less than eight weeks prior to the commencement of the leave should be given. This notice must include a medical certificate stating the expected date of birth and should also indicate the period of leave desired.

 

(vi)       Variation after Commencement of Leave - After commencing Parental Leave an employee is entitled to vary the period of leave, once without the consent of the employer and otherwise with the consent of the employer. A minimum of 4 weeks notice must be given although an employer may accept less notice if convenient.

 

The conditions relating to variation of parental leave are derived from Section 65 of the Industrial Relations Act 1996.

 

(vii)      Staffing Provisions - Any person who occupies the position of an employee on Parental Leave must be informed that the employee has the right to return to her/his former position. Additionally, since an employee has the right to vary the period of Parental Leave, offers of temporary employment shall be in writing, stating clearly the temporary nature of the contract of employment. The duration of employment shall also be set down clearly: to a fixed date or until the employee elects to return to duty, whichever occurs first.

 

(viii)     Effect of Parental Leave on Accrual of Leave, Increments, etc. - Except in the case of employees who have completed ten years service, the period of Parental Leave without pay does not count as service for Long Service Leave purposes. Where the employee has completed ten years service the period of Parental Leave without pay shall count as service provided such leave does not exceed six months. Parental Leave without pay does not count as service for incremental purposes.

 

(ix)       Right to Return to Previous Position - An employee returning from Parental Leave has the right to resume her/his former position. Where this position no longer exists the employee is entitled to be placed in a position nearest in status and salary to that of her/his former position and for which the employee is capable or qualified.

 

(x)        Return for Less Than Full-Hours - Employees on application to their employer shall be entitled to return to duty for less than the full-time hours they previously worked by taking weekly leave without pay. Such return to work is to be according to the following principles:

 

(a)        The period is to be mutually agreed and up to 12 months, after which full-time duties must be resumed;

 

(b)       The employee is to make an application for leave without pay to reduce her/his full-time hours of work. This application should be made as early as possible to enable the employer to make suitable staffing arrangements. At least four weeks notice must be given;

 

(c)        Salary and other conditions of employment are to be adjusted on a basis proportionate to the employee's full-time hours of work; i.e. for Long Service Leave the period of service is to be converted to the full-time equivalent and credited accordingly.

 

(d)       It should be noted that employees who return from Parental Leave under this arrangement remain full-time employees.

 

(C)       Provisions applying to Maternity Leave only:

 

These should be in read in conjunction with subclause A, Eligibility for Payment, and subclause B, Parental Leave General provisions,

 

(i)         Illness Associated With Pregnancy - If, because of an illness associated with her pregnancy, an employee is unable to continue to work then she can elect to use any available paid leave (Sick, Annual and/or Long Service Leave) or to take Sick Leave without pay.

 

(ii)        Transfer to a More Suitable Position - Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obliged, as far as practical, to provide employment in some other position that she is able to perform satisfactorily. A position to which an employee is transferred under these circumstances must be as close as possible in status and salary to her substantive position.

 

(iii)       Miscarriages - In the event of a miscarriage any absence from work is to be covered by the Sick Leave provisions.

 

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

 

(v)        Effect of Premature Birth - An employee who gives birth prematurely, and prior to proceeding on Parental Leave, shall be treated as being on Parental Leave from the date leave is commenced to have the child.

 

(vi)       Further Pregnancy while on Parental Leave - Where an employee becomes pregnant whilst on Parental Leave, a further period of Parental Leave may be granted. Should this second period of Parental Leave commence during the currency of the existing period of Parental Leave, then any residual leave from the existing entitlement lapses.

 

(D)       Provisions applying to Adoption Leave only:

 

These should be in read in conjunction with clause A, Eligibility for Payment, and subclause B, Parental Leave General Provisions, of this clause.

 

(i)         Eligibility - To be eligible for Adoption Leave an employee must have completed at least 40 weeks prior to the date of taking custody of the child. For other eligibility criteria refer to subclause (B), Parental Leave General Provisions, of this clause.

 

(ii)        Entitlement - Eligible employees are entitled to unpaid Adoption Leave as follows:

 

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

 

(b)       Where the child is over the age of 12 months - a period of up to 12 months, such period to be agreed upon by both the employee and the employer.

 

(iii)       Applications - Due to the fact that an employee may be given little notice of the date of taking custody of a child, employees who believe that in the reasonably near future they will take custody of a child should formally notify the employer as early as practicable of the intention to take Adoption Leave. This will allow arrangements associated with the Adoption Leave to be made.

 

(E)        Provisions Applying to Paternity Leave :

 

Please refer to subclause (A), Eligibility for Payment, and subclause (B), Parental Leave General Provisions, of this clause.

 

21.  Jury Service

 

An employee other than a casual employee, required to attend for Jury Service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such Jury service and the amount of wages the employee would have received in respect of the ordinary time that would have been worked had the employee not been on Jury Service.

 

An employee shall notify the employer as soon as possible of the date upon which he/she is required to attend Jury Service. Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such Jury Service.

 

22.  Hours of Work

 

(A)       Non Shift Workers

 

(i)         The ordinary hours of work for employees, exclusive of meal times, shall be one hundred and fifty two (152) hours per four (4) weekly cycle.

 

(ii)        Ordinary hours of work to be agreed mutually between the employer and employee.

 

(iii)       Each employee shall be entitled to be free from duty for not less than two full days in each week of seven days.

 

(iv)       Hours of work shall be so arranged that wherever possible employees having completed a full days work shall have a minimum of eight (8) consecutive hours off duty.

 

(B)       Shift Workers -

 

(i)         The ordinary hours of work for shift workers exclusive of meal times shall not exceed an average of 38 hours per week in each roster cycle.

 

(ii)        Each shift worker shall be free from duty for not less than two full days in each week or four full days in each fortnight and at least one allocated day off in each four week period, where practical these days should be consecutive. Such days off duty shall be mutually agreed between the employee and the employer having regards to the needs of the employer.

 

(iii)       Part-time employees shall not be entitled to allocated days off as detailed above.

 

(iv)       Where an employee’s allocated day off falls due during a period of workers compensation and provided that sufficient hours have been accumulated, the employee on returning to duty shall be given the next allocated day off in sequence.

 

(v)        Where an employee’s allocated day off falls on a Public Holiday as prescribed by clause 19, Public Holidays, the next working day shall be taken in lieu thereof or at a time mutually agreed by the employer and the employee.

 

(vi)       There shall be a minimum break of eight (8) hours between ordinary rostered shifts. In special and exceptional circumstances this condition may be varied by mutual arrangement between individual employees and the employer.

 

23.  Roster of Hours

 

This clause only applies to shift workers

 

(i)         The ordinary hours of work for each employee shall be displayed on a roster in a place conveniently accessible to employees. Such roster shall be displayed four weeks, but in any case at least one week, prior to the commencing date of the first working period in any roster. It is not obligatory for the employer to display any roster of ordinary hours of work for casual employees.

 

(ii)        A roster may be altered at any time to enable the service of the employer to be carried on where another employee is absent from duty on account of illness or in an emergency, but where any such alteration involves an employee working on a day which would have been his or her day off such time worked shall be paid for at overtime rates.

 

(iii)       Where an employee is entitled to an allocated day off duty in accordance with (ii) of this clause that allocated day off duty is to be shown on the roster of hours for each employee.

 

(iv)       Extension of rosters beyond 28 calendar days may be introduced subject to such proposals being agreed between the employer and the employee.

 

24.  Sleepovers

 

(i)         A sleepover means an employee sleeping in at night in order to be available to attend to any urgent situation that cannot be dealt with by another employee or at the end of the shift.

 

(ii)        In programs requiring the use of a sleepover with the agreement of the employer and the employee, direct client support can be given by a staff member in accordance with the employer’s sleepover shift guidelines.

 

25.  Longer Term Care Arrangements

 

(i)         Longer term care includes but is not limited to an employee, living in the clients nominated residence to perform work at all times of the day and night as the job and the client’s needs may require. Work under this clause is any continuous direct client care in excess of 10 hours not including sleepover.

 

(ii)        The undertaking of longer term care arrangements will only be by way of mutual agreement between the employer and the employee and will be in accordance with the employer’s Longer Term Care Arrangements guidelines.

 

26.  Overtime

 

The provision of this clause only applies to full time and part time shift workers. Unless alternative arrangements exist, all time worked by shift workers in excess of 10 hours shall be paid at:

 

 

(i)         Time worked up to 10 hours per shift shall not be regarded as overtime but an extension of the contract hours for that day.

 

(ii)        Employees recalled to work overtime after leaving the employer's premises, whether notified before or after leaving the premises, shall be paid for a minimum of two hours work at the appropriate rate for each time he/she is so recalled.

 

(iii)       An employee recalled to work overtime as prescribed by subclause (ii), of this clause shall be paid all fares and expenses reasonably incurred in travelling to and from her/his place of work.

 

(iv)       When overtime work is necessary it shall wherever reasonably practical be so arranged that employees have at least eight consecutive hours off duty between the work on successive days or shifts.

 

(v)        An employee who works so much overtime between the termination of his/her ordinary work on any shift and the commencement of his/her ordinary work on the next day or shift that he/she has not had at least eight consecutive hours off duty between these times shall, be released after completion of such overtime until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(vi)       If on the instruction of the employer, an employee resumes or continues to work without having had eight consecutive hours off duty he/she shall be paid at 200% loading until he/she is released from duty for such a period that he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(vii)      When an employee works overtime as an extension of shift and ceases work at a time when reasonable means of transport home are not available, he/she shall be paid at ordinary rates for the time reasonably spent travelling from the employer’s premises to the employee's home with a maximum payment of one hour.  This subclause shall not apply in the case of call-back or where the employee has his/her own vehicle available for conveyance home.

 

(viii)     The provisions of this clause may be varied by mutual agreement between management and individual employees having regard to the needs of the service in which the employee works.

 

27.  Time in Lieu of Overtime

 

An employee who works approved overtime outside ordinary hours may be compensated by way of Time-In-Lieu of Overtime, subject to the employer’s Time in Lieu policy.

 

(i)         The agreement to work overtime and subsequent Time In Lieu needs to be agreed between the employer and employee prior to the overtime being worked.

 

(ii)        Time in Lieu of Overtime will accrue on an hour for hour basis.

 

28.  Meals

 

(i)         Time not exceeding one hour and not less than thirty minutes shall be allowed for each meal period, provided that where an employee is called upon to work for any portion of the meal break, such time shall count as ordinary working time.

 

(ii)        An employee required or recalled to work overtime following on the completion of his or her normal shift for more than two hours shall be allowed twenty minutes for the partaking of a meal and a further twenty minutes after each subsequent four hours overtime; all such time shall be counted as time worked.

 

(iii)       The meal referred to in subclauses (ii) of this clause shall be allowed to the employee free of charge.  Where the employer is unable to provide such meals a reimbursement of up to 12 shall be paid to the employee upon production of a suitable receipt.

 

(iv)       Where an employee is required to work an overtime shift on his or her rostered day off, or on a shift changed in accordance with clause 23, Roster of Hours, the appropriate meal breaks for that shift shall apply.

 

(v)        Where practical, employees shall not be required to work more than four hours without a break or six hours without a meal break.

 

(vi)       A period of twenty minutes shall be allowed to employees for morning or afternoon tea and such period shall be included in the ordinary hours of work.

 

29.  Anti-Discrimination

 

(i)         It is the 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, carer status 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;

 

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

 

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

 

(e)        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 legislation referred to in this clause.

 

NOTES -

 

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

 

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

 

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

 

30.  Reasonable Hours

 

(i)         Subject to subclause (ii) an employer may require an employee to work reasonable overtime at overtime rates.

 

(ii)        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.

 

(iii)       For the purposes of subclause (ii) 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 his or her intention to refuse it; and

 

(e)        Any other relevant matter.

 

31.  Consultative Arrangement

 

(i)         The employer will regularly consult staff on significant changes to corporate and operational plans, and on the implementation of this agreement

 

(ii)        Consultation will occur directly between managers and their staff, as well as through the employer ’s Consultative Committee

 

(iii)       The Committee will comprise of five employer nominees and eight employee representatives. The Committee will meet a minimum of four times each year. A quorum will consist of two management and four staff representatives

 

(iv)       The employee representatives will be directly elected by staff, in an annual ballot organised by the outgoing committee. The employee representatives will be regarded as being on duty while conducting Committee business and appropriate facility/equipment use and release of duties will be provided.

 

32.  Disputes and Grievance Procedure

 

It is the objective of these procedures to ensure that grievances are resolved by negotiation and discussion between the parties.

 

The parties to this Award recognise that from to time to time individual employees may have grievances which need to be resolved in the interests of good relationships.

 

An employee will have the right for a grievance to be heard through all levels of line management.

 

(A)       Grievance Procedure -

 

(i)         In the first instance the employee is to discuss any problem or concern with the immediate supervisor who will endeavour to resolve the issue expeditiously.

 

(ii)        Any unresolved matter will be referred by the employee to a designated person after the employee notifies the immediate supervisor.  The immediate supervisor will also attend the conference organised by the designated person to discuss the matter.

 

(iii)       Should the matter remain unresolved, appropriate assistance should be sought from the Manager - Human Resources or other designated representative(s).

 

(iv)       In order to resolve the issue as effectively as possible, it may be referred to a committee specifically designated to deal with the grievance. Such a committee shall consist of two management representatives and two employee representatives. The Committee as well as any other persons involved in the grievance procedure shall treat all discussions confidentially.

 

(v)        In the event of no agreement being reached, the matter will be referred to the Chief Executive Officer.

 

(vi)       An employee may be represented by a local representative of his or her choosing or by a representative of the Union.

 

(vii)      Where the matter involves either party seeking to change an existing agreement or practice, the parties will endeavour to identify and agree on what was the status quo, which will then continue to prevail until the parties have exhausted all steps in the above procedure.

 

(B)       Industrial Disputes Procedure -

 

The employee 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 employee and the employee's immediate supervisor in accordance with the Grievance Procedure.

 

(ii)        If the matter is not resolved, the matter will be further discussed between the affected employee, the employee's 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 Human Resources Manager will be sought.

 

(iii)       If no agreement is reached, the employee's nominated representative will discuss the matter with the Manager-Human Resources.

(iv)       In the interest of client 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 Union and/or to the New South Wales Industrial Relations Commission for conciliation or arbitration.

 

33.  Disciplinary Procedures

 

(i)         Where disciplinary action is necessary, the management representatives shall notify the employee of the reason and issue a verbal warning.

 

(ii)        If the problem continues the matter will be discussed with the employee and a first formal warning will be given in writing to the employee and recorded on the employee's personal file. An employee may elect to have a representative of his/her choosing present during such discussions and may include representatives of the Union.

 

(iii)       If the problem continues to occur, the employee will again be counselled by management and a second and final warning in writing may be given. Again, the employee may elect to have a representative of his/her choosing present during such discussions.

 

(iv)       In the event of the matter recurring the employee may be terminated.  No dismissals are to take place without the authority of the Chief Executive Officer.

 

(v)        Summary dismissal of an employee may still occur for acts of "serious and wilful misconduct".

 

(vi)       If a dispute should arise over the disciplinary action, the course of action to be followed is that the matter shall be referred to a committee of two employer representatives and two employee representatives for resolution. Where such a committee cannot reach a majority decision the matter may be referred to the Union and/or to the New South Wales Industrial Relations Commission.

 

(vii)      If, after any warning, a period of twenty-four months elapses without any further warning or action being required, all adverse reports relating to the warning will be removed from the employee’s personal file.

 

34.  Labour Flexibility

 

(i)         The employer may direct an employee to carry out such duties as are reasonable, and within the limits of the employee's skill, competence and training consistent with employee's classification, grouping and/or career stream provided that such duties are not designed to promote de-skilling.

 

(ii)        The employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such tools and equipment.

 

(iii)       Any direction issued by the employer pursuant to subclause (i) and (ii) of this clause shall be consistent with the employer's responsibilities to provide a safe and healthy work environment.

 

(iv)       Promotion and/or appointment shall be by merit.

 

35.  Superannuation

 

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

 

(i)         For the purposes of this Award, the employers approved fund is Commonwealth Life Superannuation Mastertrust

 

(ii)        Employees engaged at 1st January, 2005 and whose superannuation is contributed to either SAS (State Authorities Super) or FSS (First State Super) will be ‘grandfathered’ within their current funds.

 

36.  Union Representative

 

An employee appointed Union representative shall upon notification thereof in writing to the Chief Executive Officer, be recognised as the accredited representative of the Union and shall be allowed the necessary time during working hours, to interview the employer on matters affecting employees.

 

37.  Notice Board

 

The employer shall provide a notice board in a prominent position where which the Union Representative can post union notices.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

 

Note: To calculate part time salaries multiply the hourly rate by the number of hours a week worked and then multiply by 52.1785; e.g. a person working 19 hours per week on Step 10 would calculate 14.93 (hourly rate) x 19 (hours) x 52.1785 = 14,801.47

 

Table 2 - Allowances

 

 

Table 3 - Classification Arrangements

 

 

 

 

J. P. GRAYSON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.