(590)

SERIAL C0846

 

HOSPITAL SCIENTISTS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.

 

(No. IRC 2431 of 1999)

 

Before Mr Deputy President Grayson

25 July 2001

 

 

REVIEWED AWARD

 

CLAUSE NO.	SUBJECT MATTER
1	DEFINITIONS
2	SALARIES
3	GRADING OFFICERS
4	HOURS
5	SHIFT WORK AND WEEKEND WORK
6	ROSTERING HOURS
7	ON-CALL
8	PART-TIME OFFICERS
9	OVERTIME
10	MEALS
11	HIGHER DUTIES
12	PUBLIC HOLIDAYS
13	ANNUAL LEAVE
14	LONG SERVICE LEAVE
15	SICK LEAVE
16	PAYMENT AND PARTICULARS OF SALARY
17	TERMINATION OF EMPLOYMENT
18	ACCOMMODATION AND AMENITIES
19	INSPECTION OF LOCKERS OF OFFICERS
20	UNIFORM AND LAUNDRY ALLOWANCE
21	CLIMATIC AND ISOLATION ALLOWANCE
22	NOTICE BOARDS
23	ASSOCIATION REPRESENTATIVE
24	EXEMPTIONS
25	BLOOD COUNTS
26	SETTLEMENT OF DISPUTES
27	ANTI-DISCRIMINATION
28	TRAVELLING ALLOWANCE
29	GENERAL CONDITIONS
30	PROMOTIONS AND APPOINTMENTS
31	BOARD AND LODGINGS
32	MATERNITY AND ADOPTION LEAVE
33	REDUNDANCY-MANAGING DISPLACED EMPLOYEES
34	PERSONAL/CARER’S LEAVE, FAMILY AND COMMUNITY SERVICES LEAVE
35	MOBILITY, EXCESS FARES AND TRAVELLING
36	LABOUR FLEXIBILITY
37	AREA, INCIDENCE AND DURATION

 

PART B

 

TABLE 1 - ALLOWANCES

 

1.         DEFINITIONS

 

Unless the context otherwise indicates or requires the several expressions hereunder defined shall have their respective meaning assigned to them:

 

"Association" means the Health and Research Employees Association.

 

"A.D.A." means the daily average of occupied beds adjusted by counting each 700 registered outpatients as one occupied bed.  The average shall be taken for the twelve months for the year ending 30th June in each and every year and such average shall relate to the salary for the succeeding year.

 

"Area Health Service" means an Area Health Service constituted pursuant to section 17 of the Health Services Act 1997.

 

"Authority" means the Public Employment Office established under Division 2A of the Public Sector Management Act, 1988.

 

"Hospital" means a public hospital as defined under s.15 of the Health Services Act, 1997.

 

"Trainee Hospital Scientist" means an officer appointed as such who is undertaking a part-time degree course in science at an approved University or a College of Advanced Education and is engaged in work related to the profession for which he or she is qualifying.

 

"Hospital Scientist" means an officer who has acquired the Diploma in Medical Technology of the Australian Institute of Medical Technologists (before 1974) or who has obtained a degree in science from an approved university or college of advanced education requiring a minimum of three years full-time study or such qualifications as the Health Administration Corporation deems equivalent.

 

"Senior Hospital Scientist" means an officer who is engaged in scientific work of a professional nature in a public hospital laboratory who holds a degree in science from an approved University or a college of advanced education or such other qualifications deemed by the Health Administration Corporation to be appropriate who:

 

(a)        has been appointed to a position in charge of a section of a laboratory; or

 

(b)        has been approved by the Health Administration Corporation for appointment on the recommendation of the Credentials Committee.

 

"Senior or Chief Hospital Scientist" means an officer who is engaged in scientific work of a professional nature in a public hospital laboratory who holds a degree in science from an approved University or a college of advanced education or such other qualifications deemed by the Health Administration Corporation to be appropriate who:

 

(a)        has been appointed to a position in charge of a laboratory; or

            

(b)        has been approved by the Health Administration Corporation for appointment on the recommendation of the Credentials Committee.

 

"Principal Hospital Scientist" means a Hospital Scientist who has been appointed as such and holds a post graduate degree in science at least equivalent to the degree of Master of Science of an approved university, or such other qualifications deemed by the Health Administration Corporation to be equivalent and who has had not less than ten years post graduate experience in an appropriate scientific field.

 

"Director/Deputy Director" means an officer appointed as Head of a Department or as second in-charge of a Department, provided that such a position is approved as such by the Health Administration Corporation.

 

"Corporation" means the Health Administration Corporation.

 

"Officer" means a Hospital Scientist, Senior Hospital Scientist, Principal Hospital Scientist, or Trainee Hospital Scientist as defined.

 

"Day Worker" means a worker who works ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6:00 am and before 10 am otherwise than as part of a shift system.

 

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

 

"Service" means service before and/or after the commencement of this award in any one or more hospitals as defined under s.15 of the Health Services Act 1997, or any other hospital deemed acceptable by the Corporation.

 

"Area Health Service" means an Area Health Service constituted pursuant to Section 17 of the Health Services Act 1997.

 

2.         SALARIES

 

Salaries for Hospital Scientists, as defined herein, shall be as set out in the Health Professional and Medical Salaries (State) Award.

 

3.         GRADING OF OFFICERS

 

(i)         Grades:  Every officer other than Trainee Hospital Scientist shall be classified in one of the grades of Hospital Scientist, Chief/Senior Hospital Scientist, or Principal Hospital Scientist as provided hereunder.

 

(ii)        Years of Scale

 

(a)        Within each grade officers employed by any hospital shall, at all times be classified not lower than the year of scale corresponding to the minimum described hereunder for their respective qualifications and/or duties advanced by:

 

(1)        At least one year of scale for each completed year of service in that grade and hospital; and

 

(2)        At least one further year of scale for each completed year of service in the same branch of science in that grade in any other hospital or hospitals.

 

(b)        In determining an officer's classification due allowance also shall be made for any post graduate experience.

 

(iii)       Hospital Scientists who hold or are qualified to hold a degree, diploma or other qualification, as shown hereunder shall not be classified below the respective year of scale in this grade, as follows, with advancement as provided for in subclause (ii) of this clause.

 

Bachelor's Degree (3 year course) - 1st year;

 

Bachelor's Degree with Honours (3 year course); Bachelor's degree (4 year course) - 2nd year.

 

Bachelor's Degree with Honours (4 year course); diploma or Bachelor's degree with at least two years experience concurrent with or after the last two years of the course, - 3rd year.

 

Master's Degree - 4th year;

 

Associate of the Institute of Physics, Australian Institute of Physics, Degree of Doctor of Philosophy - 6th year;

 

provided such degree with honours or such Master's Degree has been obtained in a subject relevant to the branch of science in which the officer is engaged.

 

(iv)       Credentials Committee.  A committee consisting of two representatives of the Health Administration Corporation and two representatives of the Association shall be constituted to consider and recommend to the Health Administration Corporation upon application by the Association or the employing hospital.

 

(a)        The appointment of a new employee as a Senior Hospital Scientist (other than a Senior Hospital Scientist in charge of a laboratory or a section of a laboratory), or a Principal Hospital Scientist.

 

(b)        The promotion of an officer from Hospital Scientist to Senior Hospital Scientist.

 

(c)        The promotion of an officer from Senior Hospital Scientist to Principal Hospital Scientist.

 

4.         HOURS

 

(i)         The ordinary hours of work for day workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked from Monday to Friday inclusive and to commence on such days at or after 6 am and before 10 am.

 

(ii)        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.

 

(iii)       Each day worker shall be free from duty for not less than two full days in each week and 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.  Where practicable such days off duty shall be consecutive.

 

(iv)

 

(a)        The hours of work prescribed in subclauses (i) and (ii) of this clause shall, where possible, be arranged in such a manner that in each roster cycle of 28 days each officer shall not work his or her ordinary hours of work on more than nineteen days in the cycle.  The hours worked on each of those days shall be arranged to include a proportion of one hour (in the case of officers working shifts of eight hours duration the proportion of 0.4 of an hour) which shall accumulate towards the officer's allocate day off duty on pay, as the twentieth working day of the cycle.

 

(b)        Notwithstanding the provisions of paragraph (a) of this subclause, officers who were, as at the 30th June 1984, working shifts of less than eight hours duration may:

 

(1)        continue to work their existing hours each 28 days but spread over 19 days, or

 

(2)        with the agreement of the hospital, continue to work shifts of the same duration over 20 days in each cycle of 28 days.

 

(v)        The officer's allocated day off duty prescribed in subclause (iv) of this clause shall be determined by mutual agreement between the officer and the hospital having regards to the needs of the hospital or sections thereof. Where practicable such allocated day off duty shall be consecutive with the days off duty prescribed by subclause (iii) of this clause.

 

(vi)       Once set the allocated day off duty may not be changed in a current cycle unless there are genuine unforeseen circumstances prevailing.  Where such circumstances exist and the allocated day is changed, another day shall be substituted in the current cycle.  Should this not be practicable, the day must be given and taken in the next cycle immediately following.

 

(vii)      Where the Corporation and the Associations agree that exceptional circumstances exist in a particular hospital, an officer’s allocated days off duty prescribed by subclause (iv) of this clause may, with the agreement of the officer concerned, accumulate and be taken at a time mutually agreed between the officer and the hospital.  Provided that the maximum number of days off duty which may accumulate under this subclause shall be eighteen.

 

(viii)     There shall be no accrual of 0.4 of an hour for each day of ordinary annual leave taken in accordance with subclause (i) of Clause 13, Annual Leave, of this award.  However where an officer has accumulated sufficient time to take his/her allocated day off duty prior to entering on annual leave, and that day would have been taken if the officer had not gone on annual leave, it shall be allowed to the officer on the first working day immediately following the period of leave.

 

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

 

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

 

(x)        Where an officer's allocated day off duty falls due during a period of worker's compensation, the officer, on returning to duty, shall be given the next allocated day off duty in sequence irrespective of whether sufficient credits have been accumulated or not.

 

(xi)       Where an officer's allocated day off duty falls on a public holiday as prescribed by Clause 12 - Public Holidays of this award, the next working day shall be taken in lieu thereof.

 

(xii)      Except for one meal break each day all time worked between the normal starting and ceasing time each day shall be at the ordinary rates of pay.

 

(xiii)     There shall be one tea break of twenty minutes duration.  This is additional to the meal break provided for in subclause (xii) of this Clause.

 

(xiv)     There shall be a minimum break of eight (8) hours between ordinary rostered shifts.

 

5.         SHIFT WORK AND WEEKEND WORK

 

(i)         Subject to the provisions of this clause, officers may be employed on shift work.

 

(ii)        The ordinary hours of shift workers shall be worked on not more than five days per week and shall not exceed 152 hours per 28 calendar days.

 

(iii)       As far as practicable, no officer shall be obliged to work shift work against his/her wishes.

 

(iv)       Senior Hospital Scientists and Principal Hospital Scientists shall not be required to work shift work against their wishes.

 

(v)        Before shift work is introduced into any section or department of a hospital, the proposals relating thereto shall be conveyed to the Association and an opportunity given to discuss such proposals with representatives of the hospital concerned and the Corporation.

 

(vi)       Any disputes arising out of the introduction of new shift systems shall be referred to a committee consisting not more than six members with equal representatives of the Corporation and the Association.

 

In the event of no unanimous decision being arrived at, the matter in dispute may be notified to the Industrial Registrar for the consideration of the Public Health Employees (State) Industrial Committee or the Industrial Relations Commission of NSW.

 

(vii)      Work performed by shift workers working during ordinary hours shall be paid at the following rates:

 

(a)        on Mondays to Fridays between 8:30 am and 9:00 pm at ordinary time rate of pay.

 

(b)        On Mondays to Fridays before 8:30 am and after 9:00 pm at the rate of time and a half.

 

(c)        On Saturdays at the rate of time and a half.

 

(d)        On Sundays at the rate of time and three quarters.

 

Provided that a part-time officer shall not be entitled to be paid in addition the loading prescribed in subclause (i) of clause 8, Part-Time Officers, of this award.

 

Provided further that positions which prior to 31 August 1988 were covered under the terms of the Hospital Employees Conditions of Employment (State) Award shall continue to be paid in accordance with provisions of Penalty Rates for Shift Work, Weekend Work and Special Working Conditions, of that Award.  Further provided that the provisions of subclauses (iii) and (iv) shall not apply to these positions.

 

6.         ROSTER OF HOURS

 

(i)         The ordinary hours of work for each officer shall be displayed on a roster in a place conveniently accessible to officers.  Where reasonably practicable such roster shall be displayed two weeks, but in any case at least one week, prior to the commencing date of the first working period in any roster.

 

Provided that this provision shall not make it obligatory for the employer to display any roster of ordinary hours of work of members of the relieving staff.

 

Provided further that a roster may be altered at any time to enable the services of the hospital to be carried on where another officer is absent from duty on account of illness or in emergency but where any such alteration involves an officer working on a day which would have been his/her day off such time worked shall, subject to subclause (vi) of clause 4, Hours, be paid for at overtime rates.  Furthermore, where a change in roster hours occurs with less than 24 hours notice to the officer affected, all time worked outside that shown on the officer's roster (prior to the alteration) shall be paid for at overtime rates.

 

(ii)        Where an officer is entitled to an allocated day off duty in accordance with Clause 4, Hours, of this Award, that allocated day off duty is to be shown on the roster of hours for that officer.

 

7.         ON CALL

 

An officer required by his or her hospital to be on call in any one 24 hour period shall be paid an allowance as set out in Item 1 of table 1, Allowances, for that period or any part thereof, provided that only one allowance shall be paid in any period of 24 hours.

 

Provided that an on-call roster shall not be introduced by a hospital without the approval of the Corporation.  Principal Hospital Scientists are excluded from the provisions of this clause.

 

Provided that this clause shall not apply to positions covered by the Public Hospital Medical Technologists (State) Award, prior to 31 August 1988.

 

8.         PART-TIME OFFICERS

 

A part-time officer means an officer who is engaged and paid by the hour.

 

(i)

 

(a)        Officers may be engaged as part-time workers for not more than thirty hours in any full week of seven days, such work to be coincidental with the pay period of each hospital respectively, and shall be paid by the hour for the actual number of hours worked each week with a minimum of three hours for each start at an hourly rate calculated by adding 15 per cent of one thirty eighth of the weekly wage prescribed by Clause 2, Salaries, of this award of Hospital Scientists.

 

(b)        In an emergency, a part-time officer may be allowed to work more than the thirty hours in one week and in such case shall be paid for the hours actually worked at the rate calculated in accordance with paragraph (a) of this subclause.

 

(ii)        With respect to part-time officers the provisions of clauses relating to Hours (clause 4) in respect to subclauses (v) to (xii) inclusive, Shiftwork and Weekend Work (clause 5) other than subclause (vii) of that clause), Grading of Officers (clause 3), On Call (clause 7), Overtime (clause 9), Meals (clause 10), Higher Duties (clause 11), Annual Leave (clause 13), Uniform and Laundry Allowance (clause 20), Settlement of Disputes (clause 26), Travelling Allowances (clause 28), Termination of Employment (clause 17), Association Representatives (clause 23), of this award shall not apply.

 

(iii)       Annual Leave shall be granted in accordance with the provisions of the Annual Holidays Act, 1944.

 

Provided further that positions which prior to 31 August 1988 were covered under the terms of the Hospital Employees Conditions of Employment (State) Award shall continue to be paid in accordance with the provisions of Part-time Workers of that Award.

 

9.         OVERTIME

 

(i)         All time worked by day workers and shift workers in excess of or outside the ordinary hours prescribed by Clause 4, Hours, and Clause 5, Shift Work and Weekend Work of this Award, respectively, shall be paid for at the rate of time and one half for the first two hours and double time thereafter, provided that all time worked on Sundays shall be paid for at double time; provided further that all overtime worked on public holidays shall be paid for at the rate of double time and one half.

 

(ii)        An officer 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 four (4) hours work at the appropriate rate for each time he or she is recalled; provided that, except in the case of unforeseen circumstances arising, the officer shall not be required to work the full four hours if the job he or she was so called to perform is completed within a shorter period.

 

An officer recalled to work overtime as prescribed by this subclause shall be paid all fares and expenses reasonably incurred in travelling to and from his/her place or work.

 

Provided further that where an officer elects to use his/her own mode of transport he/she shall be paid an allowance equivalent to the "Transport Allowance" specified by the regulation of the Authority at the rate in force  from time to time.

 

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

 

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

 

(iv)       An officer who works such overtime:

 

(a)        between the termination of his/her ordinary work on any day or 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; or

 

(b)        on a Saturday, a Sunday and a holiday, not being ordinary working day, or on a rostered day off without having had eight consecutive hours off duty in the twenty-four hours preceding his/her ordinary commencing time on his/her next day or shift;

 

shall, subject to this subclause, 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.  If on the instruction of his/her employer such an officer resumes or continues to work without having had such eight consecutive hours off duty, he/she shall be paid at double rates until he/she is released from duty for such period and he/she then shall be entitled to be absent until he/she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(v)        When an officer works overtime as an extension of shift and ceases work at a time when reasonable means of transport are not available, he/she shall be paid at ordinary rates for the time reasonably spent travelling from the hospital to the officer's home with a maximum payment of one (1) hour.

 

This subclause shall not apply in the case of call-back nor where the officer has his/her own vehicle available for conveyance home.

 

(vi)       The provisions of this clause shall not apply to Principal Hospital Scientists.

 

10.       MEALS

 

(i)         An officer who works authorised overtime shall be paid in addition for such overtime -

 

(a)        as set out in Item 2 of Table 1, Allowances, for breakfast when commencing such overtime work at or before 6:00 am;

 

(b)        as set out in Item 2 of Table 1, for luncheons when such overtime extends beyond 2:00 pm on Saturdays, Sundays or holidays;

 

(c)        as set out in Item 2 of the said Table 1, for an evening meal when such overtime is worked for at least one hour immediately following his/her normal ceasing time, exclusive of any meal break, and extends beyond or is worked wholly or after 7:00 pm;

 

or shall be provided with adequate meals in lieu of payment.

 

(ii)        The value of payments for meals shall be varied as the equivalent rates are from time to time varied in the New South Wales Public Service.

 

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

 

(iv)       An officer required 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.

 

(v)        An officer recalled to work overtime after leaving the employer's premises and who is required to work for more than four hours shall be allowed twenty minutes for partaking of a meal and a further twenty minutes after each subsequent four hours overtime; all such time shall be counted as time worked.

 

(vi)       Where practicable, officers shall not be required to work more than four (4) hours without a meal break.

 

11.       HIGHER DUTIES

 

(i)         An officer, when called upon to relieve another paid on a higher scale shall be paid for the time so spent at the rate prescribed for the classification of the officer so relieved.

 

(ii)        This clause shall not apply when an officer in a higher grade is absent from duty for reason of his/her allocated day off duty as a consequence of working a 38-hour week.

 

Provided that this clause shall not apply to positions covered by the Hospital Employees Conditions of Employment (State) Award, prior to 31 August 1988, the provisions of "Relieving Other Members of Staff and Mixed Functions", of that award shall apply.

 

12.       PUBLIC HOLIDAYS

 

(i)         Public Holidays shall be allowed to officers on full pay.

 

(ii)        Where an officer is required to and does work on any of the holidays set out in subclause (iii) of this clause, whether for a full shift or not, the officer shall be paid one and one half day's pay in addition to the weekly rate prescribed by clause 2 - Salaries of this award, such payment in the case of shift workers to 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 if the employer and the officer so agree, an officer may be paid one half day's pay in addition to the weekly rate and have one day added to his/her period of annual leave for each public holiday worked in lieu of the provisions of the preceding paragraph.

 

(iii)       For the purpose of this clause, the following shall be deemed public holidays, viz:  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 other days proclaimed and observed as a public holiday within the area in which the hospital is situated.

 

(iv)       Where a public holiday occurs on a shift worker's rostered day off, he/she shall be paid one day's pay in addition to the weekly rate, or if the employer and the officer so agree, have one day added to his period of annual leave.

 

(v)        Subclauses (i) and (ii) of this clause shall not apply to part-time officer of this award but each such officer who is required to work on a public holiday as defined in subclause (iii) of this clause shall be paid at the rate of double time and one-half but such officer shall not be entitled to be paid in addition the loading of 15 per cent prescribed in subclause (i) of clause 8 - Part-Time Officers, of this award.

 

(vi)       Provided that this clause shall not apply to positions covered by the Hospital Employees Conditions of Employment (State) Award, prior to 31 August 1988, the provisions of "Public Holidays" of that award shall apply.

 

*(vii)   In addition to those public holidays specified in subclause (iii), employees are entitled to an extra public holiday each year. Such public holiday will occur on a date which is agreed upon between the Associations and each individual hospital and shall be regarded for all purposes of this clause as any other public holiday.

 

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

 

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

 

13.       ANNUAL LEAVE

 

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

 

(ii)        Annual leave on full pay shall be granted on completion of each twelve months service in a hospital as follows:

 

(a)        Principal Hospital Scientists - 5 weeks.

 

(b)        All other officers - 4 weeks.

 

(iii)       (a)        This subclause does not apply to part-time officers.

 

(b)        Officers who are rostered to work their ordinary hours on Sundays and/or public holidays during the qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave as follows:

 

(1)        If 35 ordinary shifts on such days have been worked - one week.

 

(2)        If less than 35 ordinary shifts on such days have been worked and the officers work 38 hours per week - proportionately calculated on the basis of 38 hours leave for 35 such shifts worked.

 

(3)        If less than 35 ordinary shifts on such days have been worked and the officers work less than 38 hours per week - proportionately calculated on the basis of leave equivalent to the number of hours ordinarily worked per week for 35 such shifts worked.

 

The calculations referred to above shall be made to the nearest one fifth of the ordinary hours worked, half or more than half of one fifth being regarded as one fifth and less than half being disregarded.

 

Provided that an officer, entitled to additional annual leave by virtue of this subclause, may elect to be paid an amount equivalent to the value of his or her additional leave entitlement, in lieu of taking the additional leave.  Such election is to be made in writing by the officer at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

 

(c)        Provided further that on termination of employment, officers shall be entitled to payment for any untaken 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.

 

(iv)       The annual leave shall be given by the hospital and shall be taken by the officer before the expiration of a period of six months after the date upon which the right to such holidays accrues; provided that the giving and taking of the whole or any separate period of such annual holiday may, with the consent of the officer, be postponed for a period not exceeding 18 months.

 

(v)        The employer shall give to each officer three months notice where practicable and not less than one month's notice of the date upon which the officer shall enter upon annual leave.

 

(vi)       An officer who is normally employed to work shifts shall be paid whilst on annual leave his/her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the officer would have worked if he/she had not been on annual leave, provided that 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 12, Public Holidays, of this award.

 

(vii)      Credit of time towards an allocated day off duty shall not accrue when an officer is absent on ordinary annual leave in accordance with subclause (i) of this clause.  Officers entitled to allocated days off duty in accordance with Clause 4, Hours, of this award shall accrue credit towards an allocated day off duty in respect of each day those officers are absent on additional annual leave in accordance with subclause (ii) of Clause 12, Public Holidays, of this award.

 

(viii)     Officers shall be entitled to an annual leave loading of 17.5 per centum, or shift penalties as set out in subclause (vi) of this clause, whichever is the greater.

 

NOTATION: The conditions under when the annual leave loading shall be paid to officers are the same as generally applied through circulars issued by the Corporation.

 

14.       LONG SERVICE LEAVE

 

(i)

 

(a)        Each officer 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)        Where the services of an officer 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 officer's serious and wilful misconduct, or by the officer 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.

 

For the purpose of this subclause "service as an adult" means service with an employer during which the officer received a rate of pay not less than the lowest rates fixed under this award for an adult in the same classification as the officer.

 

Where some of the service of the officer has not been under this award "service as an adult" means - in the case of a worker employed to do any work for which the price, rate or wage has been fixed by an award made under the Industrial Relations Act 1996 or made under the Industrial Relations Act 1988, or made under the Industrial Arbitration Act, 1940, or has been fixed by an Industrial Agreement made pursuant to or registered under the said Acts or an Agreement or Determination made pursuant to the Public Sector Management Act 1988 - the period of service during which the remuneration applicable to the officer was at the rate not less than the lowest rate fixed under the award, industrial agreement, agreement or determination for an adult in the same trade, classification, calling, group or grade as the officer or in case of an officer being an apprentice the terms of whose employment are governed by an award applicable only to apprentices - the period of service with an employer during which the remuneration applicable to the officer was at a rate not less than the rate prescribed by the award covering a journeyman carrying out work in the same trade classification or calling as the officer.

 

(ii)        For the purpose of subclause (i) of this clause:

 

(a)        "service" shall mean continuous service in one or more hospitals.  For the purpose of this paragraph, continuous service shall have the same meaning as in the Transferred Officers Extended Leave Act 1961.

 

(b)        Provided that broken periods of service in one or more hospitals shall count as service subject to the following:

 

Where an officer ceasing employment in a hospital is re-employed in a hospital subsequent to 1st January 1973, any service of that officer before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to that officer in respect of his/her service after he/she was so re-employed.

 

(c)        Service shall not include:

 

(1)        any period of leave without pay except in the case of officers who have completed at least ten years of service (any period of leave without pay being excluded therefrom) in which case service shall include any period of leave without pay not exceeding six months taken after 1st January, 1973.

 

(2)        any period of part-time service, except permanent part-time service, as provided for in subclause (vi).

 

(iii)       Long service leave shall be taken at a time mutually arranged between the employer and the officer.

 

(iv)

 

(a)        On the termination of employment of an officer otherwise than by his death, an employer shall pay to the officer 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 officer at the date of such termination; provided that where an officer is transferring from one hospital to another he/she may if they so desire and by agreement with his/her present employer and his/her proposed employer, be allowed to retain his/her credit to long service leave in lieu of payment of the monetary value under this subclause.

 

(b)        Where an officer who has acquired a right to long service leave, or having had five years service as an adult and less than ten years service, dies, the officer’s Estate, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such officer had his/her services terminated as referred to in subclause (i)(b), and such monetary value shall be determined according to the salary payable to the officer at the time of his/her death.

 

(v)        The provisions of subclauses (i) and (ii) of this clause shall not apply to part-time officers who shall be entitled to long service leave in accordance with the provisions of the Long Service Act, 1955.

 

(vi)       A full-time officer shall be entitled to have previous part-time service which is the equivalent of at least two full days' duty per week taken into account for long service leave purposes in conjunction with full-time service on the basis of the proportion that the actual number hours worked each week bears to 40 hours up until 30 June, 1984 and bears to 38 hours on and from 1 July, 1984; provided that part-time service merges without break with the subsequent full-time service.

 

(vii)      Except as provided for in subclause (viii) of this clause, rights to long service leave, if any, which at the date of the commencement of this award may have accrued or may be accruing to an officer and shall apply only to persons in the employ of the employer on or after the date of commencement of this award.  Where an officer has been granted long service leave or has been paid its monetary value prior to the date of commencement of this award the employer shall be entitled to debit such leave against any leave to which the officer may be entitled pursuant to this clause.

 

(viii)     The following provisions apply to officers employed in a hospital at 1st January 1973:

 

(a)        An officer who

 

(1)        has had service in a hospital, to which clause 21, Climatic and Isolation Allowances, of this award, applies prior to 1st January, 1973.

 

(2)        is employed in a hospital, to which clause 21, Climatic and Isolation Allowances of this award, applies, at 1st January, 1973 shall be granted long service leave in accordance with the long service leave provisions in force prior to 1st January, 1973 in lieu of the provisions provided by this award where such benefits are more favourable to the officer.

 

(b)        An officer employed

 

(1)        as a part-time officer at 1st January, 1973, may be allowed to continue to be granted long service leave provisions in force prior to the 1st January, 1973, in lieu of the provisions of the Long Service Leave Act, 1955, as provided for in subclause (v) of this Clause.

 

(2)        on full-time basis at 1st January, 1973, but who has had prior part-time service may be allowed to continue to be granted long service leave in accordance with the long service leave provisions in force prior to the date of commencement of this award in lieu of the provisions provided by this award where such benefits are more favourable to the officer.

 

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

 

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

 

15.       SICK LEAVE

 

(i)         Full-time officers - a full-time officer shall be entitled to sick leave on full pay by allowing 76 rostered ordinary hours of work for each year of continuous service, less any sick leave on full pay already taken subject to the following conditions.

 

(a)        All periods of sickness shall be certified to by the Medical Superintendent of the hospital or by a legally qualified Medical Practitioner approved by the hospital, provided such approval shall not be unreasonably withheld; provided however, that the employer may dispense with the requirement of the medical certificate where the absence does not exceed two (2) consecutive days or where in the employer's opinion the circumstances are such as to not warrant such requirements.

 

(b)        The employer shall not change the rostered hours of work of an officer fixed by the roster or rosters applicable to the seven days immediately following the commencement of sick leave merely by reason of the fact that the officer is on sick leave.

 

(c)        An officer shall not be entitled to sick leave until after three months continuous service.

 

(d)        Service for the purpose of this clause, shall mean service in a public hospital and shall be deemed to have commenced on the date of engagement by a public hospital in respect of any period of employment with that hospital current at the date of the commencement of this award in respect of officers then so employed and in respect of others it shall be deemed to commence on the first day of engagement by a public hospital after the commencement of this award.

 

(e)        Officers who are employed by a hospital at the date of the commencement of this award shall retain to their credit, until exhausted, any accumulation of sick leave to their credit immediately prior to such a date; provided that such credit is not less than the entitlement otherwise prescribed by this clause.

 

(f)         "Continuous Service" for the purpose of this clause, shall be calculated in the same manner as provided under sub-clause (ii) (a) of Clause 14, Long Service Leave, of this award, excepting that all periods of service in any hospital (providing such service is not less than three months actual service) shall be counted.

 

(g)        Each officer shall take all reasonably practicable steps to inform the employer of his or her inability to attend for duty and as far as possible state the estimated duration for the absence.

 

Where practicable such notice shall be given within twenty-four hours of the commencement of such absence.

 

(ii)        Part-time officers - A part-time officer shall be entitled to sick leave in the same proportion of 76 hours as the average weekly hours worked over the preceding twelve months or from the time of the commencement of the employment, whichever is the lesser, bears to 38 ordinary hours of one week.  Such entitlements shall be subject to all the above conditions applying to full-time officers.

 

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

 

(iv)       For the purpose of determining a full-time officer's sick leave credit as at the 1st July, 1984, sick leave entitlement shall be proportioned on the basis of 76/80.

16.       PAYMENT AND PARTICULARS OF SALARY

 

(i)         Salaries shall be paid weekly or fortnightly provided that for the purpose of adjustments of salaries related to alterations in the basic wage, the pay period shall be deemed to be weekly.  On each pay day the pay shall be made up to a day not more than three days prior to the day of payment.

 

(ii)        Officers shall have their salary paid into one account with a bank or other financial institution in New South Wales as nominated by the officer except where agreement as to another method of payment has been reached between the Association and the Corporation due to the isolation of the employing hospital.  Salaries shall be deposited by hospitals in sufficient time to ensure that salaries are available for withdrawal by officers no later than pay day provided that this requirement shall not apply where officers nominate accounts with non-bank financial institutions which lack the technological or other facilities to process salary deposits within 24 hours of the hospitals making their deposits with such financial institutions but in such cases hospitals shall take all reasonable steps to ensure that the salaries of such officers are available for withdrawal by no later than pay day. 

 

Subject to adequate notice in writing on each occasion, officers who are rostered off on pay day shall be entitled to have their salary deposited before proceeding on their days off.

 

(iii)       Notwithstanding the provisions of subclauses (i) and (ii) of this clause, any officer who was given or who has been given notice of termination of employment in accordance with clause 17, 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.  Where an officer is dismissed or his or her services are terminated without notice in accordance with clause 17, Termination of Employment, of this award, any moneys due to him or her shall be paid as soon as possible after such dismissal or termination, but in any case, not more than three days thereafter.

 

(iv)       On each pay day an officer, in respect of the payment then due, shall be furnished with a statement in writing containing the following particulars, namely:  name, the amount of ordinary salary, the total hours of overtime worked, if any, other monies paid, and the purpose for which they are paid and the amount of deductions made from the total earnings and the nature thereof.

 

(v)        Where the retrospective adjustments of wages are paid to officers, such payments where practical shall be paid as a separate payment to ordinary wages and shall be paid in a separate pay envelope.  Such payment shall be accompanied by a statement containing particulars as set out in subclause (iv) of this clause.

 

17.       TERMINATION OF EMPLOYMENT

 

(i)         During the first three months of employment in any hospital, employment shall be from week to week.  After three months continuous service, employment may be terminated only by twenty eight days notice given either by the hospital or the officer at any time during the week or by payment or forfeiture of twenty eight days salary, as the case may be.  Nothing in this clause, however, shall prevent the summary dismissal of an officer for misconduct or neglect of duty.

 

(ii)        Officers with a credit of time accrued towards an allocated day off duty shall be paid for such accrual upon termination.

 

(iii)       Provided that this clause shall not apply to positions covered by the Hospital Employees Conditions of Employment (State) Award, prior to 31 August 1988, the provisions of "Termination of Employment", subclause (i), of that award, shall apply.

 

18.       ACCOMMODATION AND AMENITIES

 

(i)         Suitable dining room accommodation and lavatory conveniences shall be provided for all resident and non-resident officers.

 

(ii)        In all hospitals erected after 1st January, 1960, dressing room, lockers, hot and cold showers and conveniences also shall be provided for non-resident officers and where practicable, such facilities shall be provided in hospitals erected prior to that date.

 

(iii)       The following extract from the Factories, Shops and Industries Act outlines the minimum standards which the Corporation seeks to achieve in all hospitals:

 

Sanitary conveniences

 

(a)        Seats - in the proportion of 1 seat to every 15 officers or fraction of 15 officers of each sex.

 

(b)        Separate and distinct conveniences for each sex, together with screened approaches to ensure privacy. These facilities must be located conveniently to work places, they must be adequately lighted and ventilated and floors, walls and ceilings finished with a smooth faced surface resistant to moisture.

 

Washing and Bathing Facilities

 

(a)        Washing provision by way of basins of suitable impervious material with taps set at 600mm centres with hot and cold water supplied, in proportion of one hot tap and one cold tap for each fifteen employees or part of 15 employees of each sex.  Space in front of the wash points shall not be less than 900mm.

 

(b)        Showers spaced at not less than 900mm and with hot and cold water connected for persons ceasing work at any one time in a minimum ratio of one shower for every twenty persons or part of twenty persons of each sex ceasing work at any one time.

 

Washing and bathing facilities must be adequately lighted and ventilated; floors, walls and ceilings finished with a smooth-faced surface resistant to moisture.

 

These facilities should be incorporated in, or communicated direct with the change room and should not be contained within any closet block.

 

Change Rooms and Lockers

 

(a)        Properly constructed and ventilated change rooms equipped with a vented steel locker, at least 300mm wide by 450mm deep and 1800mm high for each officer.

 

(b)        Floor area not less than 0.56 sq. m. per officer to be accommodated.

 

(c)        Space between lockers - set up facing one another and not less than 1.5 metres.  Traffic ways not less than one metre wide.

 

(d)        Sufficient seating not less than 260mm wide by 380mm high should be provided.

 

(e)        Lockers should be set up with at least 150mm clearance between the floor of the locker and the floor of the room.  Lockers shall be of the lock-up type with keys provided.

 

Dining Room

 

(a)        Well constructed, ventilated and adequately lighted dining room(s).  Generally floor area should not be less than 1.0 sq. m. per officer using the meal room at any one time.

 

(b)        Tables not more than 1.8 m. long, spaced 1.2 m. apart, allowing 0.6 m. of table space per person.

 

(c)        Chairs or other seating with back rests.  Sufficient tables and chairs must be provided for all persons who will use the dining room at any one time.

 

(d)        Facilities for boiling water, warming and refrigerating food and for washing and storing of dining utensils shall be provided.

 

Rest Room

 

A well constructed and adequately lighted and ventilated room or screened off portion of the change room for women.  Such rest room or rest area to be equipped with day bed or couch with mattress, blankets, pillow and hot water bottle.

 

(iv)       The above standards shall be the minimum to be included in working drawings approved after 1st December 1976, for new hospitals.

 

(v)        Where major additions to presently occupied buildings or new buildings are erected within a presently constituted hospital the amenities to be provided in such additions or new buildings shall be the subject of negotiations between the parties.

 

19.       INSPECTION OF LOCKERS OF OFFICERS

 

Lockers may be opened for inspection in the presence of the officer but in cases where the officer neglects or refuses to be present or in any circumstances where notice to the officer is impracticable such inspection may be carried out in the absence of the officer by an employee of the hospital appointed by the Chief Executive Officer, and if practicable, a Union Branch Officer, otherwise by any two employees of the hospital so appointed.

 

20.       UNIFORM AND LAUNDRY ALLOWANCE

 

(i)         Subject to clause (iii) of this clause, sufficient suitable and serviceable uniforms shall be supplied free of cost to each officer required to wear a uniform provided that an officer to whom a new uniform or part of a uniform has been supplied by the employer who, without good reason, fails to return the corresponding article last supplied to him or her, shall not be entitled to have such article replaced without payment thereof at a reasonable price.

 

(ii)        An officer, on leaving the service of an employer shall return any uniform or part thereof supplied by that employer which is still in use immediately prior to leaving.

 

(iii)       In lieu of supplying a uniform to an officer, an employer shall pay to such officer an amount per week as set in Item 3 of Table 1, Allowances.

 

(iv)       If at any hospital the uniform of the officer is not laundered at the expense of the hospital, an allowance per week as set in Item 3 of the said Table 1, shall be paid to such officer.

 

(v)        Each officer whose duties require him/her to work in a hazardous situation shall be supplied with the appropriate protective clothing and equipment.

 

(vi)       The allowances referred to in subclauses (iii) and (iv) are payable to part-time officers on the basis of one fifth of the full weekly allowance for each shift worked in the week.

 

21.       CLIMATIC AND ISOLATION ALLOWANCE

 

(i)         Officers employed in hospitals in any place situated upon or to the west of a line drawn as specified in this subclause but not including places as specified in subclause (ii) of this clause shall be paid a weekly allowance as set in Item 4 of Table 1, Allowances, in addition to the salary to which they otherwise are entitled.  The line shall be drawn as follows:  commencing Tocumwal and thence to the following towns in the order stated, namely, Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri, Inverell, and Bonshaw.

 

(ii)        Officers employed in hospitals in any place situated upon or to the west of a line drawn as specified in this subclause shall be paid a weekly allowance as set in Item 4 of Table 1, Allowances, in addition to the salary to which they otherwise are entitled.  The line shall be drawn as follows:  commencing at a point on the right bank of the Murray River at Swan Hill (Victoria) and thence to the following towns in the order stated, namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.

 

(iii)       Except for the computation of overtime the allowances prescribed in this clause shall be regarded as part of the salary for the purpose of this award.

 

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

 

(v)        A part-time officer shall be entitled to the allowances prescribed in this clause in the same proportion as average hours worked each week bears to 38 ordinary hours.

 

22.       NOTICE BOARDS

 

The hospital shall permit notice boards of reasonable dimensions to be erected in a prominent position upon which the representative of the respective Associations shall be permitted to post Association Notices.

 

23.       ASSOCIATION REPRESENTATIVES

 

An officer appointed as Association representative for any hospital shall upon notification thereof in writing by the Association to the hospital secretary, be recognised as an accredited representative of the Association and shall be allowed the necessary time during working hours to interview the employer or other hospital executives on matters affecting officers and shall be allowed suitable facilities to collect the Associations' dues.

 

24.       EXEMPTIONS

 

This award shall not apply to members, novices or aspirants of religious orders in public hospitals, the names of whom are included or hereafter shall be in the third schedule to the Health Services Act 1997.

 

25.       BLOOD COUNTS

 

Every officer who works in close proximity to diagnostic and/or therapeutic X-Ray equipment or any other form of radio-active equipment or substance shall have a blood count carried out free of charge, by the hospital at least once in every period of three months including any such period of work.

 

26.       SETTLEMENT OF DISPUTES

 

(i)         Where a dispute arises in a particular section which cannot be resolved between the officers or their representative and the supervising staff, it shall be referred to the Chief Executive Officer of the Area Health Service or establishment or his/her nominee, who will arrange to have the matter discussed with the officers concerned and a local representative or representatives of the Association.

 

(ii)        Failing settlement of the issue at this level, the matter shall be referred to the, Health Administration Corporation and the Head office of the Association.  The dispute will be dealt with pursuant to subclause (v) of this clause.

 

(iii)       Whilst these procedures are continuing, no stoppage of work or any form of ban or limitation of work shall be applied.

 

(iv)       The Association reserves the right to vary this procedure where it is considered a safety factor is involved.

 

(v)        With view to an amicable and speedy settlement, all disputes that firstly cannot be settled in accordance with subclauses (i) and (ii) of this clause may be submitted to the committee consisting of not more than six (6) members, with equal representatives of the Associations and the Corporation.  Such committee shall have the power to investigate all matters in dispute and to report to the Chief Executive Officer of the Area Health Service and the Association respectively with such recommendation as it may think right and, in the event of no mutual decision being arrived at by such committee, the matter in dispute may be referred to the Public Health Employees (State) Industrial Committee.

 

(vi)       This clause shall not interfere with the rights of either to institute proceedings for the determination of any matter in accordance with the Industrial Relations Act, 1996.

 

27.       ANTI-DISCRIMINATION

 

(1)        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.

 

(2)        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.

 

(3)        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.

 

(4)        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.

 

(5)        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 -

 

(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."

 

28.       TRAVELLING ALLOWANCE

 

(i)         An officer seconded to another hospital may be granted a daily travel allowance at the rate of the difference between the cost of travel by public transport to his/her normal place of employment and travel by public transport to the seconding hospital.  Provided that where an officer drives his/her own vehicle, he/she shall, in lieu, be eligible for an allowance based on the casual user rates prescribed by the Regulation of the Authority, from time to time, for the difference between the distance to his/her normal place of employment and distance to the seconding hospital.

 

(ii)        An officer who with the approval of the chief executive officer, uses on official business a motor vehicle primarily for other than official business, shall be paid the above mentioned allowance from time to time effective.  However, where it is estimated that an officer will, with the approval of the Chief Executive Officer of the Area Health Service, be required to use his/her private vehicle on official business on at least fifty days during any period of twelve months and during that period, aggregate at least 850 kilometres of official running, he shall be paid the official business rate prescribed by the regulation of the Authority, at the rate in force from time to time throughout the year.

 

(iii)       For the purpose of subclause (ii) travel on official business -

 

(a)        occurs when an officer is required by the Chief Executive Officer as part of his/her duty to use his/her motor vehicle to attend away from his/her normal place of employment or seconding hospital to another clinic, annexe or hospital.  Where an officer travels on official business direct from his/her place of residence to a clinic, annexe or hospital, other than normal place of employment he/she shall be paid the difference between the distance to his/her normal place of employment or seconding hospital and that other clinic, annexe or hospital.

 

(b)        shall include other arrangements as agreed to between the Corporation and the Association from time to time.

 

(c)        does not include "call backs".

 

(iv)       Nothing in this clause shall make the employer liable for the cost of the officer's daily travel to his/her usual and normal place of employment.

 

29.       GENERAL CONDITIONS

 

An officer required to answer emergency phone calls outside of ordinary working hours, but not recalled to duty, shall be reimbursed rental charges on such telephone on production of receipted accounts.

 

Provided that, where an officer is required to answer out of hours telephone calls on a relief basis he/she shall be paid one-twelfth of his/her yearly telephone rental for each month or part thereof he/she is so employed.

 

30.       PROMOTIONS AND APPOINTMENTS

 

(i)         Promotion and/or appointment shall be by merit; provided however that no officer with a claim to seniority shall be passed over without having his/her claim considered.

 

(ii)        In the case of an officer or officers disputing a promotion and/or appointment the Association may apply to the Public Health Employees (State) Industrial Committee or its chairman or the Industrial Relations Commission of New South Wales for determination of the dispute.

 

31.       BOARD AND LODGING

 

(i)         Deductions from the rates prescribed in this award to which these conditions apply are authorised as follows where board and/or lodging are supplied:

 

(ii)        For Board - an amount as set in Item 10 of Table 1 for breakfast and an amount as set in Item 11 of Table 1 for each other meal; provided that the maximum sum that may be deducted in any one week in the case of an officer entitled to full board shall be an amount as set in Item 12 of Table 1. For lodging, an amount per week as set in Item 13 of Table 1 where the officer is provided with a separate bedroom and an amount per week as set in Item 14 of Table 1 where the officer is required to share a bedroom.

 

(iii)       No deductions shall be made from the salary of an officer for board or lodging when the officer is absent from the hospital on annual sick or long service leave.

 

32        MATERNITY LEAVE AND ADOPTION LEAVE

 

A.        Maternity Leave

 

(i)         Eligibility

 

To be eligible for paid maternity leave an employee must have completed at least 40 weeks continuous service of not less than 31¼ hours per week prior to the expected date of birth or be a permanent part-time employee as specified.

 

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

 

(a)        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

 

(b)        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, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act.

 

(ii)        Portability of Service for Paid Maternity Leave

 

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

 

When determining an employee's eligibility for paid maternity leave, continuous service with New South Wales public sector organisations which are included in the schedule of the Transferred Officers Extended Leave Act, 1961, will be recognised, provided that:

 

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

 

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

 

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

(iii)       Entitlement    

 

Eligible employees are entitled to paid maternity leave as follows:

 

(a)        Paid Maternity Leave - an employee is entitled to nine weeks at the ordinary rate of pay from the date maternity leave commences.  This leave may commence up to nine weeks prior to the expected date of birth.

 

It is not compulsory for an employee to take this period off work. However, if an employee decides to work during this period it is subject to the employee being able to satisfactorily perform the full range of normal duties.

 

Paid maternity leave may be paid:

 

-           on a normal fortnightly basis

-           in advance in a lump sum

-           at the rate of half pay  over a period of eighteen weeks on a regular fortnightly basis.

 

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

 

(b)        Unpaid Maternity Leave - an employee is entitled to a further period of unpaid maternity leave of not more than 12 months after the actual date of birth.

 

(iv)       Applications

 

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

 

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

 

(v)        Variation after Commencement of Leave

 

After commencing maternity leave, an employee may vary the period of her maternity leave once only without the consent of her employer by giving the employer notice in writing of the extended period at least 14 days before the start of the extended period. An employer may accept less notice if convenient.

 

An employee may extend the period of maternity leave at any time with the agreement of the employer.

 

The conditions relating to variation of maternity leave are derived from Section 64 of the Industrial Relations Act 1996.

 

(vi)       Staffing Provisions

 

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

 

(vii)      Effect of Maternity Leave on Accrual of Leave, Increments etc.

 

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

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

 

Maternity leave without pay does not count as service for incremental purposes.  Periods of maternity leave at full pay and at half pay are to be regarded as service for incremental progression on a pro-rata basis.

 

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

 

(viii)     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.

 

Where an employee is entitled to paid maternity leave, but because of illness, is on sick, annual, long service leave, or sick leave without pay prior to the birth, such leave ceases nine weeks prior to the expected date of birth.  The employee then commences maternity leave with the normal provisions applying.

 

(ix)       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 practicable, to provide employment in some other position that she is able to satisfactorily perform.  This obligation arises from Section 69 of the Industrial Relations Act 1996. 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.

 

(x)        Miscarriages

 

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

 

(xi)       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 maternity leave.  She may resume duty at any time provided she produces a doctor's certificate as to her fitness.

 

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

 

An employee who gives birth prematurely, and prior to proceeding on maternity leave shall be treated as being on maternity leave from the date leave is commenced to have the child.  Should an employee return to duty during the period of paid maternity leave, such paid leave ceases from the date duties are resumed.

 

(xiii)     Right to return to Previous Position

 

In accordance with the obligations set out in Section 66 of the Industrial Relations Act 1996, an employee returning from maternity leave has the right to resume her 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 former position and to which the employee is capable or qualified.

 

(xiv)     Return for Less than Full Time Hours

 

Employees may make application to their employer 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:

 

-           the period is to be limited to 12 months after which full time duties must be resumed;

 

-           the employee is to make an application for leave without pay  to reduce her full time weekly 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;

 

-           the quantum of leave without pay to be granted to individual employees is to be at the absolute discretion and convenience of the employer;

 

-           salary and other conditions of employment are to be adjusted on a basis proportionate to the employees 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.

 

It should be noted that employees who return from maternity leave under this arrangement remain full-time employees. Therefore the payment of any part-time allowance to such employees does not arise.

 

(xv)      Further Pregnancy While on Maternity Leave

 

Where an employee becomes pregnant whilst on maternity leave, a further period of maternity leave may be granted. Should this second period of maternity leave commence during the currency of the existing period of maternity leave, then any residual maternity leave from the existing entitlement lapses.

 

B.         Adoption Leave

 

(i)         Eligibility

 

To be eligible for paid adoption leave an employee must have completed at least 40 weeks continuous service of not less than 31¼ hours per week (or 40 weeks continuous service for permanent part-time employees as specified) prior to the date of taking custody of the child. An employee who has once met the conditions of paid adoption leave, will not be required to again work the 40 weeks continuous service in order to qualify for further periods of paid adoption leave, unless:

 

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

 

(b)        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, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Worker's Compensation Act.

 

(ii)        Entitlement

 

(a)        Paid Adoption Leave

 

Eligible employees are entitled to paid adoption leave of three weeks at the ordinary rate of pay from and including the date of taking custody of the child.

 

Paid adoption leave may be paid:

 

-           on a normal fortnightly basis

-           in advance in a lump sum

-           at the rate of half pay over a period of six weeks on a regular fortnightly basis.

 

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

 

(b)        Unpaid Adoption Leave

 

Eligible employees are entitled to unpaid adoption leave as follows:

 

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

 

-           where the child is over the age of 12 months - 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.

 

(iv)       Variation after Commencement of Leave

 

After commencing adoption leave, an employee may vary the period of leave, once without the consent of the employer and otherwise with the consent of the employer. A minimum of four week's notice must be given, although an employer may accept less notice if convenient.

 

(v)        Staffing Provisions

 

As per maternity leave conditions

 

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

 

As per maternity leave conditions

 

(vii)      Return for Less than Full Time Hours

 

As per maternity leave conditions

 

Liability for Superannuation Contributions

 

During a period of unpaid maternity leave or unpaid adoption leave, the employee will not be required to meet the employer's superannuation liability.

 

33.       REDUNDANCY - MANAGING DISPLACED EMPLOYEES.

 

Employees shall be entitled to the provisions of Health Department Circular No. 2000/78 - Managing Displaced Employees, as amended from time to time.

 

34.       PERSONAL/CARERS’S LEAVE, FAMILY AND COMMUNITY SERVICES LEAVE

 

Employees shall be granted Personal/Carer's Leave, Family and Community Services Leave in accordance with Health Department Circular No 97/11, as amended from time to time.

 

35.       MOBILITY, EXCESS FARES AND TRAVELLING

 

For the purpose of this clause accustomed place of work shall mean the location where an employee is regularly required to commence duty by the employer.

 

(1)        An employee shall be required to proceed to the accustomed place of work and return home once on each ordinary working day or shift in the employee's own time and at the employee's own expense.

 

(2)

 

(i)         Where an employee is directed to report for duty to a place of work other than the employee's accustomed place of work the employee shall travel to and from the alternative place of work in the employer's time  for those periods in excess of time normally taken to travel to and from the accustomed place of work.

 

(ii)        If the excess of travelling time on a particular day or shift is greater than the prescribed ordinary hours of duty for the particular category of staff for that day or shift, then the excess of hours shall be paid at the ordinary rate of pay to the extent of travelling time.

 

(iii)       Fares incurred by such employee in excess of the fares normally incurred in travelling to the employee's accustomed place of work and returning home from the accustomed place of work shall be reimbursed.

 

(iv)       Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by his/her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home. The kilometre allowance will be prescribed from time to time by the regulation of the Authority.

 

(3)

 

(i)         Where an employer has determined that an employee or employees should report to a new accustomed place of work on a permanent basis, the decision must be discussed with the affected employee(s) and the local branch of the relevant union(s) prior to notice of changed accustomed place of work being given.

 

(ii)        The employer shall give the employee reasonable notice of the requirement to report to a new accustomed place of work. For the purpose of this subclause "reasonable notice" shall be one calendar month prior to the date the employee is first required to report to the new accustomed place of work.

 

(iii)       Where the accustomed place of work is changed on a permanent basis by the employer, the employee shall report to the new accustomed place of work on the date specified by the employer.

 

(iv)       If there is disagreement about such a decision after such discussion or if a significant number of employees are involved, the matter should be referred to Health Administration Corporation, which will discuss the matter with the appropriate union(s) and will determine the date upon which notice will be given to employee(s).

 

(4)

 

(i)         The provision of this clause shall not apply to an employee appointed to regularly perform relief duties or to employees specifically employed to perform duties at more than one place of work except as provided in (ii) hereunder.

 

(ii)        If a reliever incurs fares in excess of $5 per day in travelling to and from the relief site, the excess shall be reimbursed.

 

Where a reliever, with the prior approval of the employer, travels by his/her own mode of conveyance and incurs travelling costs in excess of $5 per day to and from the relief site, such excess shall be reimbursed. The rate applicable shall be the kilometre allowance prescribed from time to time by the Regulation of the Authority less $5.

 

*          This $5 shall be reviewed annually by the Corporation.

 

(5)        No payment shall be made under this clause unless the employer is satisfied that the employee has incurred additional expenditure in having to report to an alternative place of work, at the direction of the employer.

 

(6)        Travel to an alternative place of work, either by public transport or own mode of conveyance, shall in all instances be by the most direct route.

 

36.       LABOUR FLEXIBILITY

 

(i)         An 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 deskilling.

 

(ii)        An 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 an employer pursuant to sub-clause (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy work environment.

 

(iv)       Existing provisions with respect to the payment of mixed functions/higher duties allowances shall apply in such circumstances.

 

37.       AREA, INCIDENCE AND DURATION

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Hospital Scientists (State) Interim Award published on 6 August 1993 (276 I.G. 1) and all variations thereof.

 

The award published 6 August 1993 took effect from the first full pay period to commence on or after 31 August 1988.

 

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 25 July 2001.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

Subject to clause 24, Exemptions, this Award shall apply to officers as defined herein employed in public hospitals and Area Health Services in the State, excluding the County of Yancowinna, within the jurisdiction of the Public Health Employees (State) Industrial Committee.

 

PART B

 

Table 1 - Allowances

 

Item No.	Clause No.	Brief Description	Amount
			$
1	7	On call - per 24 hours of any part thereof	7.70
2	10 (i)	Meal Allowances for overtime:
		(a) breakfast at or before 6.00 a.m.	9.60
		(b) evening at least 1 hour after normal ceasing
		time and extends beyond or is worked wholly	18.40
		after 7.00 p.m.
		(c) lunch beyond 2.00 p.m. Saturdays, Sundays	12.45
		or Holidays
3	20(iii) (iv)	Uniform and Laundry Allowance -
		- Uniform	2.30 per week
		- Laundry	2.40 per week
4	21 (i) (ii)	Allowance for persons employed in hospitals
		upon or west of the line commencing at
		Tocumwal, etc. (see clause 21 (i)	3.40 per week
		Allowance for persons employed in hospitals
		upon or west of the line commencing at Murray
		River, etc. (see clause 21 (ii)	6.80 per week

 

 

 

 

J. P. GRAYSON  D.P.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.