AMBULANCE SERVICE OF NEW SOUTH WALES SUPERINTENDENT/OPERATIONAL MANAGERS
(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 823 of 2001)
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Before Mr Deputy
President Grayson
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6 June 2001
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REVIEWED AWARD
1. Title
This Award shall be known as the Ambulance Service of New
South Wales Superintendent/Operational Managers (State) Award (“the Award”).
2. Arrangement
Clause No. Subject Matter
1. Title
2. Arrangement
3. Objects
4. Definitions
5. Employees’ Duties
6. Work Arrangements
7. Salaries
8. Roster Leave
9. Vacancies & Promotion
10. Appointment Of Officers
11. Termination Of Employment
12. Relieving Other Members Of Staff
13. Flexible Work Practices
14. Annual Leave
15. Annual Leave Loading
16. Public Holidays
17. Personal/Carer’s, Family And Community
Service Leave
18. Maternity, Paternity And Adoption Leave
19. Study Leave
20. Trade Union Leave
21. Long Service Leave
22. Sick Leave
23. Climatic And Isolation Allowance
24. Child Care
25. Uniforms
26. Accommodation
27. Benefits Not To Be Withdrawn
28. Payment And Particulars Of Wages
29. Issues Resolution
30. No Extra Claims
31. Association Subscriptions
32. Anti-Discrimination
33. Redundancy-Managing Displaced Employees
34. Area, Incidence And Duration
35. Classification Structure
36 Allowances
37. Transitional Classification Structure
Schedule ‘A’ - Personal Carer’s Leave, Family And
Community Services Leave
Schedule ‘B’ - Maternity, Paternity And Adoption Leave
Schedule ‘C’ - Study Leave
Schedule ‘D’ - Paid Trade Union Leave
Schedule ‘E’ - Paid Trade Union Leave
Schedule ‘F’ - Managing Displaced Employees
3. Objects
(a) The parties seek
to achieve excellence in the provision of ambulance services for New South
Wales through an efficient and effective pre-hospital emergency care and health
related transport system.
(b) Over the past
few years there have been many changes to traditional working arrangements and
traditional job classifications. Many
of the changes have lead to modified and improved work practices which have
enabled the Service to become an even more efficient and effective Ambulance
Service for the people of New South Wales.
(c) This Award is
designed to improve such work practices by implementing changes to work
arrangements and classifications.
(d) In recognising
the need for change this Award will ensure the ongoing viability and
improvement in the delivery of pre-hospital care and health related transport
and in doing so will greatly increase employee satisfaction through a greater
range, scope and flexibility of work.
(e) The Parties
are committed to achieving healthier and safer jobs via work place changes and
agree that this can be achieved in tandem with improved efficiency and
productivity. The parties intend that this will be accomplished by establishing
a comprehensive and cooperative approach to the management of occupational
health and safety issues which aims to:
(i) Control
Hazards at their source;
(ii) Reduce
the incidence and cost of occupational injury and illness;
(iii) Review work
and management practices affecting the interrelationship between efficiency,
productivity and health and safety; and
(iv) Provide a
rehabilitation system for staff effected by work related injury or work related
illness.
(v) The parties
shall discuss procedures to be adopted where uniforms are contaminated in the
course of employment in line with Occupational Health and Safety guidelines.
4. Definitions
"Corporation"
means the Health Administration Corporation.
"The
Service" means the Ambulance Service of New South Wales.
"Association"
means the Health and Research Employees Association of New South Wales.
"Officer/Superintendent/Operational
Manager" means an employee of the Service who is employed pursuant to
this Award.
"State
Superintendent" means the position that is the most senior uniformed
position in the Ambulance Service which all operational officers and other
employees located in the operations unit ultimately report through.
Remuneration for this position is that applying to an
executive officer within the meaning of the Public
Sector Management Act 1988.
"Employee"
means an Officer/Superintendent/Operational Manager of the Service who is
employed pursuant to this Award.
"Service"
means continuous service with one or more District Committees prior to 13 April
1973, and continuous service as a servant of the New South Wales Ambulance
Board on and from 13 April 1973, and continuous service as a servant of the
Commission on and from 1 January 1977 and continuous service as a servant of
the Corporation on and from 17 August 1982.
The "Working
Week" for the purpose of this Award shall commence on Saturday and
finish on Friday.
5. Employees’
Duties
(a) The Service
may direct an employee to carry out such duties as are reasonable, and within
the limits of the employees skills, competence and training consistent with the
employees classification provided that such duties are not designed to promote
de-skilling.
(b) The Service
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
and is currently certified in the use of such tools and equipment.
(c) Any direction
issued by the Service pursuant to subclause (a) and (b) shall be consistent
with the Service’s responsibilities to provide a safe and healthy working
environment.
(d) The
application of subclause (a) of this clause shall be undertaken in a fair,
reasonable and sensible manner.
6. Work
Arrangements
(a) In order to
develop a more efficient and effective Ambulance Service additional
classifications have been introduced in order to achieve a more generic,
flexible structure which enhances greater efficiency in the allocation of
employees to various tasks.
(b)
(i) It is the aim
of the parties that the development of a performance appraisal and assessment
system for all levels set out in clause 33, Classification Structure, of this
Award, will be finalised within six (6) months of the making of this Award.
(ii) The parties
agree that the development of the performance appraisal and assessment system
will be the subject of genuine consultation between the parties.
(c) Work will be
performed by the most efficient means.
To achieve this end the Service will deploy skills based on operational
needs.
(d) The parties
agree that there will be no forced transfers as a result of the implementation
of subclause (b) of this clause.
(e) Any proposal
that will significantly affect employees covered by the Association will be the
subject of genuine consultation between the parties.
(f) Any dispute
arising from the operation of this Clause will be dealt with in accordance with
Clause 29, Issues Resolution, of this Award.
7. Salaries
(a) Employees
employed as at the date of the making of this Award shall not be paid less than
the salary paid to the employee immediately prior to the date of the making of
this Award, as set out in clause 35, Transitional Classification Structure, of
this Award.
(b) Employees who
are appointed to an Operational Management position shall be allocated to one
of the classification levels as set out in clause 33, Classification Structure,
of this Award, and shall not be paid less than the minimum level for that
position.
(c) An employee
who successfully applies for a position covered by this Award where the salary
band encompasses his or her current salary will be appointed at no less than
his or her current salary.
(d) An employee
who successfully applies for a position which carries a higher minimum salary
level than his or her current salary will be appointed at no less than the
minimum of the applicable salary band.
(e) Once the
appointed employee’s salary has been determined in accordance with subclause
(b), (c) or (d) of this clause, the employee’s salary will move in accordance
with the percentage increases applicable under this Award.
(f) Further
increases over and above the percentage increases applicable under subclause
(e) of this clause may occur based on the employees work performance.
(g) Any dispute
arising from the operation of this clause shall be dealt with in accordance
with clause 29, Issues Resolution, of this Award.
8. Roster Leave
(a) Each employee
shall be granted nine (9) days of absence in each period of 28 days with the
ninth day of absence being designated the Additional Rostered Leave day off
duty.
(b) Such time off
duty may be granted weekly or allowed to accumulate for 28 days, provided that
when it is not convenient for the Service to grant the full amount of leave due
under this clause in each period of 28 consecutive days, the employee shall not
be called upon to forfeit such leave.
(c) Leave under
this clause shall not be allowed to accumulate to more than twelve (12)
days.
(d) Subject to
clause 11, Termination of Employment, subclause (c), of this Award, payment in
lieu of roster leave shall not be made.
9. Vacancies
& Promotion
(a) Advertisements
of vacant positions shall be notified throughout the Service by regular Vacancy
Circulars clearly displayed on Notice Boards at all Ambulance Stations and Ambulance
Workplaces.
(b) Appointments
shall be made on the basis of merit.
(c) The vacancy
shall be filled from applications received provided that the Service can
re-advertise the position if necessary.
10. Appointment of
Officers
(a) An employee
employed under this Award shall be engaged as a full time employee, a permanent
part time employee or a temporary employee.
(b) Every employee
will be provided with a Position Description commensurate with his or her
position which he or she will be required to sign. The position description will outline the duties to be performed
in addition to the key competencies and accountabilities required for the
position.
(c) Every employee
remunerated at Level 4 and Level 5 shall be required to enter into a Performance
Agreement.
(d) Every employee
who is appointed to a Superintendent/Operational Manager position
advertised/created after the date of the making of this Award will be required
to continue to meet the minimum requirements for that position.
11. Termination of
Employment
(a) Employment
shall be terminated by four (4) weeks notice in writing by either party or by
the giving or forfeiting, as the case may be, of four weeks wages in lieu of
notice. Notwithstanding this the Service shall have the right to terminate an
employees employment without notice for serious or wilful misconduct in which
case wages shall be paid up to the time of dismissal only.
(b) The Service
shall, upon request by the employee, give the employee a signed statement
outlining the period of employment.
(c) Employees with
a credit of any additional rostered leave day off duty shall be paid for such
accrual upon termination.
12. Relieving
Other Members of Staff
(a) An employee
who is required by the Service to relieve another employee paid on a higher
scale for a period of not less than one working week shall be entitled to
receive the minimum rate of the higher scale of pay.
(b) This provision
shall not apply when an employee on a higher scale is absent from duty by
reason of his or her additional roster leave day off duty.
(c) No reduction
shall be made in the scale of pay of an employee called upon to relieve another
employee paid on a lower scale.
13. Flexible Work
Practices
A. Permanent Part-Time Employee
(i) A permanent part-time
employee is one who is permanently appointed by the Service to work a specified
number of days each week which are less than those prescribed for a full time
employee, except in emergent or urgent circumstances.
(ii) Permanent
part-time employees shall be paid an hourly rate calculated on the basis of
1/38 of the weekly rate (annual rate/52.17857) prescribed in clause 33,
Classification Structure, of this Award.
(iii) Permanent part-time employees shall not be entitled to
additional rostered leave days off duty as prescribed in subclause (a) of
Clause 8, Roster Leave, of this Award.
(iv) Permanent
part-time employees shall be entitled to all other benefits not otherwise
expressly provided for herein in the same proportion as the average days per
week bear to full-time employment.
(v) Permanent
part-time employees shall be entitled to payment of the allowances prescribed
by clause 23, Climate and Isolation Allowance, of this Award in the same
proportion as the average hours worked per week bear to full-time hours.
(vi) The
Parties recognise that permanent part-time employment will provide flexible
working arrangements for employees to cater for personal requirements such as
family responsibilities.
B. Temporary Employee
(i) A temporary
employee engaged for a period of (14) consecutive days or less shall be paid
for all time worked 20 per cent in addition to the minimum rate prescribed for
the classification in which he or she is employed.
(ii) No temporary
employee shall be paid less than eight (8) hours pay for any one (1) shift.
14. Annual Leave
(a) Annual Leave
shall be granted on completion of each 12 months service as follows:
(i) An employee
employed on a Monday to Friday basis - four weeks leave on full pay.
(ii) An employee employed
on duties which require him or her to work irregular hours on a seven day per
week basis, including work on Saturdays, Sundays and public holidays - five
weeks leave with seven weeks pay.
(b) In the event
that an employee’s employment has changed from a seven day per week basis to a
Monday to Friday basis or vice versa, then annual leave shall be calculated on
a pro rata basis.
(c) It is admitted
by the parties that the additional two weeks pay payable to an employee
employed on duties in accordance with paragraph (ii) of subclause (a) of this
clause has been provided in lieu of and in consideration of public holidays
being worked by employees or which have occurred on an employee’s rostered day
off.
(d) To the leave
prescribed by paragraph (i) of subclause (a) of this clause, there shall be
added one working day for each public holiday or special public holiday
proclaimed for the State of New South Wales which occurs during a period of
annual leave.
(e)
(i) Annual Leave
shall be given and shall be taken within a period of six months after the date
when the right to annual leave accrued, provided that the giving and taking of
such leave may be postponed by mutual agreement between the parties for a
further period not exceeding six months.
(ii) Annual leave
shall be granted on a rotating roster basis provided that such rotation
complies with paragraph (i) of this subclause.
(iii) An employee
shall be eligible for annual leave when twelve months have elapsed since the
date on which the last annual leave would have begun if taken immediately it
had become due, or if the employee has not previously had Annual Leave since
the commencement of the employment.
(iv) Nothing in
this subclause shall prevent the Service, by agreement with the employee, from
allowing annual leave to an employee before a right to it has accrued but where
leave is taken in such a case, a further period of annual leave shall not
commence to accrue until the expiration of the twelve months in respect of
which annual leave was taken before it accrued. Provided that any leave taken by an employee under this paragraph
shall not exceed the amount of proportionate annual leave standing to the
credit of the employee at the time of entering upon such leave.
(v) At least six
months notice shall be given to employees of the date on which they shall take
their annual leave. Where an employee
has been notified that he or she is to take annual leave at a specified time
and that time is then altered by the Service the employee shall be reimbursed
any actual losses which result to him or her to the extent to which deposits
paid for travel and/or accommodation are not refunded.
(vi) Employees may
exchange annual leave by mutual arrangement with the approval of the Service
provided that such exchange complies with paragraph (i) of this subclause.
(f) Each employee
before going on annual leave shall be paid for the period of the leave at the
ordinary rate of wage to which he or she is entitled under this Award and such
payment shall be made before the employee commences annual leave.
(g) Notwithstanding
the provisions of subclause (f) of this clause, the Service agrees, subject to
at least 28 days prior written authorisation by the employee, to pay employees
Annual Leave entitlements on a fortnightly basis which coincides with the
normal fortnightly pay period.
(h) Where the
employment of an employee is terminated the employee shall be entitled to
receive a proportionate payment in respect of service of less than one year, at
the weekly wage to which such employee is entitled under this Award.
(i) Credit of
time towards an additional rostered leave day off duty shall not accrue when an
employee is absent during his or her four weeks annual leave as provided for
under the Annual Holidays Act
1944. However, officers entitled to
additional rostered leave days off duty in accordance with Clause 8 - Roster
Leave, of this Award, shall accrue credit towards an additional rostered leave
day off to employees in excess of the above mentioned four weeks.
15. Annual Leave
Loading
(a) Employees who,
under the Annual Holidays Act 1944,
become entitled to annual leave under clause 14, Annual Leave, of this Award,
shall be paid in respect of such leave an annual leave loading of 17.5 per cent
of the appropriate ordinary weekly rate of pay prescribed in clause 33,
Classification Structure, of this Award, for the classification in which the
employee was employed immediately before commencing his/her annual leave. The 17.5 per cent annual leave loading will
apply to the following periods of annual leave, ie; in the case of an employee
employed on a Monday to Friday basis - four weeks, and for seven day per week
basis employees - five weeks, provided further that in no instance is the
calculated amount to exceed one thousand and fifty eight dollars and eighty
cents ($1058.80) and, with effect from the first pay period to commence on or
after 1 January, 2001, an amount of one thousand and seventy nine dollars and
ninety cents ($1079.90).
(b) Such loading
is payable in addition to the pay for the period of leave given and taken and
due to the employee under this Award.
(c) No loading is
payable where the annual leave is taken wholly or partly in advance provided,
however, that if the employment of such an employee continues until the day
upon which he or she would have become entitled under this to such annual
leave, the loading then becomes payable in respect of the period of such leave
and is to be calculated in accordance with the rate of wages applicable on such
day.
(d) Where the
employment of an employee is terminated by the Service for a cause other than
misconduct and at the time of termination the employee has not been given and
has not taken the whole of the annual leave to which he or she became entitled
after 10 May 1974, he or she shall be paid the loading provided for in
subclause (a) of this clause for the period not taken.
(e) Except as
provided by subclause (d) of this clause, no loading is payable on the
termination of an employee’s employment.
(f) The annual
leave loading shall be paid before the employee commences annual leave.
(g) Notwithstanding
the provisions of subclause (f) of this clause, the Service agrees, subject to
at least 28 days prior written authorisation by the employee, to pay employees
Annual Leave loading on a fortnightly basis which coincides with the normal
fortnightly pay period.
16. Public
Holidays
(a) For the
purpose of this clause, the following shall be public holidays, viz: New Year’s
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen’s Birthday, Local Labour Day, Christmas Day and Boxing Day.
(b)
(i) An employee
to whom paragraph (i) of subclause (a) of clause 14, Annual Leave, of this
Award, applies, and who is required to and does work on a public holiday or a
special public holiday proclaimed for the State of New South Wales shall be
paid for the time actually worked at the rate of double time and one half.
(ii) An employee
to whom paragraph (ii) of subclause (a) of clause 14, Annual Leave, of this
Award, applies, and who is required to and does work on a public holiday or a
special public holiday proclaimed for the State of New South Wales shall be
paid for the time actually worked at the rate of time and one half.
(iii) For the
purpose of paragraphs (i) and (ii) of this subclause, the hourly rate of pay
shall be one-thirty eighth of the appropriate ordinary weekly rate of pay
prescribed in clause 33, Classification Structure, and Clause 35, Transitional
Classification Structure, of this Award.
(c) Special Public
Holidays proclaimed for the State of New South Wales are to be granted or
payment made as prescribed in paragraphs (i) and (ii) of subclause (b) of this
clause, if not granted. Where an employee works on a seven day per week basis
as set out in paragraph (ii) of subclause (a) of clause 14, Annual Leave, of
this Award, and the employees rostered day off or annual leave falls due on
such day, the employee shall be paid, in addition to the employees appropriate
weekly rate of pay, an extra day’s pay at ordinary rates.
(d) In addition to
those public holidays specified in subclause (a) of this clause, employees
shall be entitled to an extra public holiday each year. Such public holiday will occur on a date
which is agreed upon between the Service and the Association and shall be
regarded, for all purposes of this clause, as any other public holiday.
17. Personal/Carer’s,
Family and Community Services Leave
Employees shall be granted Family and Community Services
Leave on such terms and conditions prescribed by the Corporation’s Circular No.
97/11 as detailed in Schedule "A" herewith.
18. Maternity,
Paternity and Adoption Leave
Employees shall be granted Maternity, Paternity and/or
Adoption Leave on such terms and conditions as prescribed by the Services
Administrative Circular 97/01 11 as detailed in Schedule "B"
herewith.
19 Study Leave
Employees shall be granted Study Leave on such terms and
conditions as prescribed by the Services Instructional Circular 96/04 11 as
detailed in Schedule "C" herewith.
20 Trade Union
Leave
Employees shall be granted Trade Union Leave on such terms
and conditions prescribed by the Corporation’s Circulars No. 95/68 & 95/70
11 as detailed in Schedules "D" and "E" herewith.
21. Long Service
Leave
(a) Employees
shall be granted long service leave on such terms and conditions as may be
applicable from time to time to officers employed under the provisions of the Public Sector Management Act 1988, and the
regulations made there under. This
includes the taking of long service leave on half pay.
(b) Where an
employee has accrued a right to an additional rostered leave day off duty on
pay 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.
(c) An employee
returning to duty from long service leave shall be given the next additional
rostered leave day off duty in sequence irrespective of whether sufficient
credits have been accumulated or not.
22. Sick Leave
(a) If the Service
is satisfied that an employee is unable to perform his or her duties on account
of illness, not attributable to the employees misconduct, it shall grant to
such employee leave of absence on full pay for a period or periods as follows:
(i) All employees
shall be entitled to sick leave for a period or periods not exceeding in the
aggregate of 114 hours in any period of twelve months.
(ii) In the event
of an employee not taking the full period of 114 hours in any period of twelve
(12) months, the untaken period of such leave shall accumulate. A maximum of 76 hours of the untaken hours
in each period of twelve (12) months shall accumulate in respect of available
sick leave which accumulated prior to 20 June 1980.
(iii) Periods of
less than thirty eight (38) hours shall not be recredited to employees who are
sick whilst on Annual or Long Service Leave.
(b)
(i) The Service
shall not, with the sole object of avoiding obligations under this clause,
terminate the services of an employee who is unable to perform his or her
duties on account of illness and who is entitled to sick leave under this
clause.
(ii) The employee
shall notify the Service, where practicable, of his or her inability to attend
for duty at least four (4) hours but in any case no less than one (1) hour
before the commencement time of duty and inform the Service as far as possible
the estimated duration of same.
(c) All periods of
sickness shall be certified by a legally qualified Medical Practitioner,
provided however, that the Service may dispense with the requirements of a
medical certificate where the absence does not exceed two (2) consecutive days
or where, in the Service's opinion, circumstances are such as not to warrant
such requirements.
(d) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to accident pay or workers' compensation,
provided, however, that where an employee is not in receipt of accident pay,
the Service shall pay to an employee, who has sick leave entitlements under
this clause, the difference between the amount received, as workers'
compensation and full pay. The
employees 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 time hours. On
the expiration of available sick leave, weekly workers compensation payments only
shall be payable.
(e) Any accumulation
of sick leave standing to the credit of an employee at the date of commencement
of this Award , shall be added to the leave which is accumulated pursuant to
paragraph (ii) of subclause (a) of this clause.
23. Climatic and
Isolation Allowance
(a) Subject to
subclause (b) of this clause, employees attached to Ambulance Stations situated
upon or to the West of a line drawn as herein specified, shall be paid the
allowance specified in clause 34, Allowances, of this Award, in addition to the
salary to which they are otherwise entitled.
The line shall be drawn as follows, viz:
Commencing at Tocumwal and thence to the following
towns in the order stated, namely - Lockhart, Narrandera, Leeton, Peak Hill,
Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.
(b) Employees
attached to Ambulance Stations situated upon or to the West of a line drawn as
herein specified shall be paid the allowance specified in clause 34,
Allowances, of this Award, in addition to the salary to which they are
otherwise entitled. The line shall be drawn as follows, viz:
Commencing at a point on the right bank of the Murray
River opposite Swan Hill (Victoria) and thence to the following towns in the
order stated namely - Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.
(c) The
allowances prescribed by this clause are not cumulative.
(d) The allowances
prescribed by this clause shall be regarded as part of the salary for the
purposes of this Award .
24. Child Care
The parties agree to work together to examine methods of
addressing the Child Care needs of employees within twelve (12) months of the
making of this Award.
25. Uniforms
(a)
(i) The Service
shall provide each new employee with sufficient, suitable and serviceable
uniforms as determined by the Service.
(ii) Uniforms
provided shall be replaced by the Service upon condemnation in equivalent
numbers.
(iii) The Service
shall provide any other special clothing which the Service requires an employee
to wear.
(iv) Articles of clothing
issued under paragraphs (i) and (iii) of this subclause remain the property of
the Service and shall be returned by the employee upon request by the Service.
(b) Any request
for uniform replacement by the Service or an employee will not be unreasonably
refused. In the event of refusal the
provision of clause 29, Issues Resolution, of this Award, shall apply.
26. Accommodation
(a) In addition to
the salary levels prescribed in Clause 33, Classification Structure, and Clause
35, Transitional Classification Structure, of this Award, Officers, employed at
the beginning of the first pay period which commenced on or after 25 September
1976 shall be entitled to quarters rent-free and shall be supplied without
charge with light and fuel provided that Officers appointed to new positions
created after 17 March, 1965 which do not require the occupant personally and
directly to provide ambulance services at night or weekends, shall not
necessarily be entitled to quarters rent-free or light and fuel without charge.
(b) Where an
employee is provided with premises and is transferred or resigns the Officer
shall be given not less than twenty eight (28) days notice to vacate such
premises. The notice shall take effect
from the date of notification of transfer or resignation.
27. Benefits Not
to Be Withdrawn
Except in so far as altered expressly or by necessary
implication, nothing in his Award shall in itself, be deemed or be construed to
reduce the wages of any employee at the date of the commencement of this Award.
28. Payment and
Particulars of Wages
(a) Wages shall
be paid fortnightly by electronic transfer.
(b) On each pay
day, employees shall be furnished with a statement showing the gross amount of
ordinary wages and penalties together with separate details of all deductions.
(c) Employees
shall have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee except where
agreement as to another method of payment has been reached between the Service
and the Association due to isolation.
(d) Salaries shall
be deposited by the Service in sufficient time to ensure that wages are
available for withdrawal by employees no later than pay day.
This requirement shall not apply where employees nominate
accounts with non-bank financial institutions which lack the technological or
other facilities to process salary deposits within 24 hours of the Service
making their deposits. In such cases
the Service shall take all reasonable steps to ensure that wages are available
for withdrawal by no later than pay day.
29. Issues
Resolution
(a) The parties
must:
(i) use their
best endeavours to co-operate in order to avoid grievances and disputes arising
between the parties or between the Service and individual employee(s); and
(ii) abide by the
procedures set out in this clause to resolve any issue which might arise; and
(iii) place
emphasis on negotiating a settlement of any issue at the earliest possible
stage in the process.
(b) In this clause
"issue" means any question, issue, grievance, dispute or difficulty
which might arise between the parties about:
(i) the
interpretation, application or operation of this Award; or
(ii) any
allegation of discrimination in employment within the meaning of the Anti-Discrimination Act 1977 (NSW) which
is not covered by established policies and procedures applicable to the
Service, regardless of whether the issue relates to an individual employee or
to a group of employees.
(c) Any issue, and
in the case of a grievance or dispute any remedy sought, must be discussed in
the first instance by the employee(s) (or the Association on behalf of the
employee(s) if the employee(s) so request) and the immediate supervisor of that
employee(s).
(d) If the issue
is not resolved within a reasonable time it must be referred by the employee(s)
immediate supervisor to his or her Supervisor (or his or her nominee) and may
be referred by the employee(s) to the Association Organiser for the
Service. Discussions at this level must
take place and be concluded within two working days of referral or such
extended period as may be agreed.
(e) If the issue remains unresolved, it may
be referred by any of the parties to more senior officials of the Union who
must then confer with the Chief Executive Officer (and/or his or her
nominee(s)) of the Service. The
conclusions reached by those representatives must be reported to the parties
within two working days of referral or such extended periods as may be agreed.
(f) If these
procedures are exhausted without the issue being resolved, or if any of the
time limits set out in those procedures are not met, parties may seek to have
the matter mediated by an agreed third party, or the matter may be referred, in
accordance with the provisions of the Industrial
Relations Act 1996 (NSW), to the Industrial Relations Commission for its
assistance in resolving the issue.
(g) Unless agreed
otherwise by the parties the status quo before the emergence of the issue must
continue whilst these procedures are being followed. For this purpose
"status quo" means the work procedures and practices in place:
(a) immediately
before the issue arose; or
(b) Immediately
before any change to those procedures or practices, which caused the issue to
arise, was made.
The Service must ensure that all practices applied
during the operation of these procedures are in accordance with safe working
practices.
(h) Throughout all
the stages of these procedures adequate records must be kept by the parties of
all discussions.
(i) These
procedures are to be facilitated by the earliest possible advice by one party
to the other of any issue or problem which may give rise to a grievance or
dispute.
(j) All matters
in dispute arising out of the application of this Award may be referred to a
Disputes Committee consisting of not more than six (6) members with equal
representation of the Corporation and the Association. Such Committee shall
have the power to investigate all matters in dispute and report to the
Corporation and the Association, respectively, with such recommendation as it
may think right and in the event of no mutual decision being arrived at by the
Committee, the matter in dispute may be referred to the Industrial Relations
Commission of NSW.
30 No Extra
Claims
The Association undertakes not to pursue any new salaries or
conditions claims arising from negotiations of productivity and efficiency
improvements covered by the Memorandum of Understanding between the New South
Wales Government and the Association dated 2 March 2000.
31. Association
Subscriptions
The Service agrees, subject to prior written authorisation
by the employee, to deduct Association subscriptions from the pay of the
authorising employee.
32. 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
and age.
(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:.
33. Redundancy-Managing
Displaced Employees
Employees shall be entitled to the provisions of the
Department of Health Circular No. 2000/78-Managing Displaced Employees as
detailed in Schedule "F" herewith.
34. Area,
Incidence and Duration
(a) 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 6 June 2001.
(b) This Award
shall take effect on and from 13 July 2000 and shall continue in force until 31
December 2001.
(c) This Award
replaces the Ambulance Service of New South Wales Superintendent/Operational
Managers (State) Award published 1 December 2000 (320 IG 860).
(d) It shall apply
to all employees as defined in this Award, employed by the Health
Administration Corporation within the State of New South Wales, and within the
jurisdiction of the Ambulance Employees (State) Industrial Committee, and shall
regulate the terms and conditions of employment of such employees.
(e) This award
remains in force until varied or rescinded for the period for which it was
made.
35. Classification
Structure
|
|
01.01.1999
|
01.01.2000
|
01.01.2001
|
|
- LEVEL 1
|
50047 - 52430pa
|
51048 - 53479pa
|
52069 - 54549pa
|
|
- LEVEL 2
|
51238 - 60771pa
|
52263 - 61986pa
|
53308 - 63226pa
|
|
- LEVEL 3
|
59579 - 67921pa
|
60771 - 69279pa
|
61986 - 70665pa
|
|
- LEVEL 4
|
66729 - 79836pa
|
68064 - 81433pa
|
69425 - 83062pa
|
|
- LEVEL 5
|
78645 - 88178pa
|
80218 - 89942pa
|
81822 - 91742pa
|
36. Allowances
|
CLAUSE
|
BRIEF DESCRIPTION
|
01.01.1999
|
01.01.2000
|
01.01.2001
|
|
23 (a)
|
Climatic and Isolation Allowance
|
4.10
|
4.20
|
4.30
|
|
23 (b)
|
Climatic and Isolation Allowance
|
8.30
|
8.50
|
8.70
|
37. Transitional
Classification Structure
|
CLASSIFICATION
|
01.01.99
|
01.01.2000
|
01.01.2001
|
|
Superintendent
- Grade 1
- Grade 2
- Grade 3
- Grade 4
- Grade 5
- Grade 6
|
49975
53402
57099
58969
60800
69546
|
50975
54470
58241
60148
62016
70937
|
51995
55560
59406
61351
63256
72356
|
|
Deputy Divisional Superintendent, Northern, Southern,
Western
- 1st year
- 2nd year
- 3rd year
|
65104
67709
69010
|
66406
69063
70390
|
67734
70444
71798
|
|
Deputy Divisional Superintendent, Sydney
- 1st year
- 2nd year
- 3rd year
|
69049
72918
74219
|
70430
74376
75703
|
71839
75864
77217
|
|
Divisional Superintendent, Southern,
Northern, Western,
Technical
Services
- 1st year
- 2nd year
- 3rd year
|
75520
78124
79426
|
77030
79686
81015
|
78571
81280
82635
|
|
Divisional Superintendent,
Sydney
- 1st year
- 2nd year
- 3rd year
|
80728
83334
84635
|
82343
85001
86328
|
83990
86701
88055
|
Schedule - A
Personal/Carer's Leave, Family and Community Service Leave
(Circular No. 97/11)
This circular is applicable to the Area/Rural Health
Services, Public Hospitals, Ambulance Service, Royal Alexandra Hospital for
Children (New Children's Hospital) and Corrections Health. It replaces the Department's previous
circular on Family and Community Service Leave, circular 95/36, issued on 24
May 1995. It also replaces previous
circulars dealing with Compassionate Leave (88/228 and 89/99).
On 11 February 1997 the Public Sector Management Office
(PSMO) of the Premier's Department issued a new Determination, developed in
consultation with the Labor Council and public sector unions, dealing
comprehensively with Family and Community Service (FACS) Leave, Personal/Carer's
Leave and the flexible use of other leave entitlements for public servants.
NSW Health has consulted the PSMO and Labor Council and had
regard to the above Determination in developing the following arrangements,
which include appropriate modifications to reflect the more generous FACS
provisions currently applying in the health system. In line with the PSMO Determination, the FACS and
Personal/Carer's Leave entitlements and associated arrangements set out in the
attachment to this circular are to take effect from 30 August 1996, the date of
the Industrial Relations Commission judgment in the State Personal/Carer's
Leave Test Case.
FACS Leave and Personal/Carer's Leave are separate and stand
alone entitlements.
FACS Leave and Personal/Carer's Leave are available to all
employees other than casuals.
FACS Leave is available:
* for a range
of personal reasons encompassing family responsibilities; or
* for the
performance of community service; or
* for cases of
pressing necessity.
Personal/Carer's Leave is available:
* to provide
care and/or support for sick members of the employee's family or household;
* to provide
for the flexible use of other entitlements.
With Personal/Carer's Leave employees are able to access current
and up to 3 years accrued sick leave entitlements to care for a sick dependant.
There are also facilitative provisions in the new
arrangements which are available to assist employees to reconcile work and
family responsibilities by providing access to annual leave, time off in lieu
of payment of overtime and "make-up" time. Access both to paid sick leave and time off in lieu of payment of
overtime is specifically for the purpose of caring for a prescribed person.
Additional FACS Leave for Bereavement Purposes - Where FACS
Leave has been exhausted, additional paid leave of up to two days may be
granted on a discrete "per occasion" basis to an employee on the
death of a family member as defined in clause 1.
Flexible Work Practice Alternatives to Using FACS or
Personal/Carer's Leave - As an alternative to, or to be used in conjunction
with FACS or Personal/Carer's Leave, are work practices that permit employees
to vary their work arrangements to attend to short term family responsibilities
or community service.
Health service organisations are to implement, where
practicable, policy and procedures as defined in clause 4, "Use of make-up
time", whereby employees have available to them the opportunity to:
(i) be absent
from the workplace for short periods of time (e.g., two hours) and be able to
make up the time either earlier or later on the same day or during the
following week or month;
(ii) exchange
shifts or part-shifts with co-workers.
Implementation - All industrial instruments will be varied in
due course to include reference to the above FACS and Personal/Carer's Leave
arrangements and, where applicable, to remove inconsistent, redundant or
inferior award provisions dealing with leave previously used for such purposes.
Any costs resulting from these new arrangements will need to
be met from within existing resources.
PSMO Review of Personal/Carer's Leave in the Public Sector -
In view of the Industrial Relations Commission's intention to review the
operation of the August 1996 State Personal/Carer's Leave standard clause and
general orders, the PSMO is to undertake a comprehensive review of the
implementation of FACS and personal/carer's leave in the public sector. The PSMO review is to particularly focus on
the extent to which sick leave is accessed by public sector employees for the
purpose of caring for a sick person.
Area Health Services/Hospitals and Ambulance Service should
ensure they have appropriate systems in place to enable the implementation and
ongoing operation of personal/carer's leave and the continued operation of FACS
Leave to be monitored. These systems
will not only facilitate EEO reporting requirements but should also enable the
demand for both forms of leave, and the cost of meeting that demand for the NSW
Health System, to be properly assessed.
Such information will be vital in any review of the operation of these
leave provisions.
Any enquiries concerning this circular should be directed by
hospitals/health units to the Health Service in the first instance. Only Health Service human resources
personnel should contact the Department directly concerning the abovementioned.
Michael Reid
Director-General
NSW Health System
Family and Community Service Leave, Personal/Carer's Leave and
Flexible Use of Other Leave Entitlements
1. Family and Community Service Leave -
1.1 Family and Community Service Leave -
General
(i) For the purposes of this clause:
(1) "relative" means a person related by blood,
marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household" means a family group living in the same
domestic dwelling.
(ii) The
appropriate CEO may grant family and community service leave to an employee:
(a) to provide
care and/or support for sick members of the employee's relatives or household;
or
(b) for reasons
related to the family responsibilities of the employee (e.g., to arrange and/or
attend a funeral of a relative; to accompany a relative to a medical
appointment where there is no element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(c) for reasons
related to the performance of community service by the employee (e.g., in
matters relating to citizenship; to office holders in local government, other
than as mayor, for attendance at meetings, conferences or other associated
duties; representing Australia or the State in major amateur sport other than
in Olympic/Commonwealth Games); or
(d) in a case of
pressing necessity (e.g., where an employee is unable to attend work because of
adverse weather conditions which either prevent attendance or threaten life or
property; the illness of a relative; where a child carer is unable to look
after their charge).
(iii) Family and
Community Service Leave replaces Compassionate Leave.
(iv) An employee is
not to be granted family and community service leave for attendance at court to
answer a criminal charge, unless the appropriate CEO approves the grant of
leave in the particular case.
Management should assess applications for family and
community service leave to attend court for reasons other than criminal charges
(i.e., Family Court), on an individual basis.
1.2 Family and Community
Service Leave - Entitlement -
(i) The maximum
amount of family and community service leave on full pay that may be granted to
an employee is:
(a) three working
days during the first year of service, commencing on and from 1 January 1995,
and thereafter 6 working days in any period of 2 years; or
(b) one working
day, on a cumulative basis effective from 1 January 1995, for each year of
service after 2 years' continuous service, minus any period of family and
community service leave already taken by the employee since 1 January 1995,
whichever method provides the greater entitlement.
For the purposes of calculating entitlements under (i)
(a) and (b) above, a working day for employees working 40 or 38 hours per week
shall be deemed to consist of 8 hours, and a working day for employees working
35 hours per week shall be deemed to consist of 7 hours. The rate at which FACS leave is paid out and
utilised shall be on actual hours absent from rostered shift.
Example A -
An employee working 40 or 38 hours per week will have an entitlement, in their
first year of employment, to 24 hours of FACS leave. If the employee takes FACS leave for a full 10-hour shift, the
employee would be debited ten hours of FACS leave.
Example B -
An employee working 35 hours per week will have an entitlement, in their first
year of employment, to 21 hours of FACS leave.
If the employee takes FACS leave for a full 7-hour shift, the employee
would be debited 7 hours of FACS leave.
Example C -
An employee, employed prior to 1 January 1995, applies for FACS leave on 20
February 1997. The employee is entitled
to six days in any period of two years.
Therefore, to calculate the employee's available FACS leave as at 20
February 1997, add all FACS leave taken from 21 February 1995 to 20 February
1997 and deduct that amount from the six days entitlement.
(ii) Family and
Community Service Leave is available to part-time employees on a pro rata
basis, based on the average number of hours worked per week, i.e., a working
day shall consist of one-fifth of the employee's average weekly hours during
the preceding 12 months or during the employee's period of employment,
whichever is the lesser period.
Example - An employee working an average of 30 hours
per week will have an entitlement, in his/her first year of employment, of 18
hours of FACS leave. If the employee
takes FACS leave for a full rostered shift, e.g., of four hours, the employee
would be debited four hours of FACS leave.
Likewise, if the employee was rostered for eight hours and was absent
for the full eight hours on FACS leave, he/she would receive, and be debited,
eight hours paid FACS leave.
(iii) Where family and
community service leave has been exhausted, additional FACS leave of up to two
days for bereavement may be granted on a discrete, "per occasion"
basis to an employee on the death of a relative or member of a household as
defined in clause 1, "Definitions".
1.3 Use of Other Leave
Entitlements -
The appropriate CEO or authorised delegate may grant an
employee other leave entitlements for reasons related to family
responsibilities or community service by the employee. An employee may elect, with the consent of
the employer, to take:
(a) annual
leave;
(b) long
service leave;
(c) leave
without pay.
2. Personal/Carer's Leave -
2.1 Use of sick leave to care for the person
concerned - Definitions -
A person who needs the employee's care and support is
referred to as the "person concerned" and is:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
2.2 Use of Sick Leave to
Care for the Person Concerned - Entitlement -
(a) The entitlement
to use sick leave in accordance with this clause is subject to:
(i) the employee
being responsible for the care and support of the person concerned; and
(ii) the person
concerned being as defined in clause 2.1.
(b) Other than a
casual or any other employee who receives a loading in lieu of sick leave, an
employee with responsibilities in relation to a person who needs their care and
support shall be entitled to use the untaken sick leave, from that year's
annual sick leave entitlement, to provide care and support for such persons
when they are ill.
(c) Sick leave
accumulates from year to year. In
addition to the current year's grant of sick leave available under (b) above,
sick leave untaken from the previous 3 years may also be accessed by an
employee with responsibilities in relation to a person who needs their care and
support.
(d) The CEO or
authorised delegate may, in special circumstances, make a grant of additional
sick leave. This grant can only be
taken from sick leave untaken prior to the period referred to in (c) above.
(e) The employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, that the illness of the person concerned is such as to
require care by another person.
(f) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate of
statutory declaration.
(g) The employee is
not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration.
(h) The employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(i) In normal
circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
2.3 Use of Other Leave
Entitlements -
An employee may elect, with the consent of the employer, to
take:
(a) annual leave,
including annual leave not exceeding five days in single-day periods, or part
thereof, in any calendar year at a time or times agreed by the parties. An employee and employer may agree to defer
payment of the annual leave loading in respect of single-day absences, until at
least five consecutive annual leave days are taken;
(b) long service
leave;
(c) leave without
pay for the purpose of providing care and support to a member of a class of
person set out in 2.1.
3. Time Off in Lieu of Payment of Overtime
-
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment of overtime at a time or times agreed with the employer within 12 months
of the said election.
(b) Overtime taken
as time off during ordinary time shall be taken at the ordinary time rate, that
is, one hour off for each hour of overtime worked.
(c) If, having
elected to take time as leave in accordance with 3(a) above, the leave is not
taken for whatever reason, payment for time accrued at overtime rates shall be
made at the expiry of the 12-month period from the date the overtime was
worked, or earlier by agreement, or on termination.
(d) Where no
election is made in accordance with paragraph 3(a), the employee shall be paid
overtime rates in accordance with the relevant industrial instrument.
4. Use of Make-up Time -
(a) An employee
may elect, with the consent of the employer, to work "make-up
time". "Make-up time" is
worked when the employee takes time off during ordinary hours for family or
community service responsibilities, and works those hours at another time,
during the spread of ordinary hours provided in the relevant industrial
instrument, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off during ordinary hours and
works those hours at another time) at the shift work rate which would have been
applicable to the hours taken off.
5. Grievance and Dispute Handling Process
-
In the event of any grievance or dispute arising in
connection with any part of the provisions of this circular, such a grievance or
dispute shall be processed in accordance with established grievance and dispute
handling procedures.
Schedule - B
Maternity, Paternity and Adoption Leave
(Circular No. AC 97/01)
Administrative Circular (This Administrative Circular
replaces Administrative Circular 94/02).
Employees are entitled to maternity, paternity or adoption
leave in connection with the birth or adoption of a child, subject to and in
accordance with this Administrative Circular.
On becoming aware that you or your spouse is pregnant or
intend to adopt, you should advise your supervisor who will inform you of your
right to apply for maternity, paternity or adoption leave, and your
responsibilities in relation to giving notice.
Maternity Leave -
Maternity Leave
Entitlements -
These entitlements for maternity leave are taken from the
Health Department Leave Manual.
(1) Paid
Maternity Leave -
Female employees who, prior to the expected date of
birth, have completed at least 40 weeks continuous service (of not less than
31.25 hours per week) are eligible for 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.
Permanent part-time employees are employees engaged on
a permanent part-time basis for less than the full-time hours of work, who do
not receive the part-time loading but instead receive proportionate full-time
conditions of employment. As such,
these permanent part-time employees (as specified) are entitled to pro rata
paid maternity leave after 40 weeks continuous service.
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 18 weeks on a regular fortnightly basis.
Annual 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.
(2) 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.
Unpaid Maternity/Adoption Leave does not count as
service for the purposes of accruing Sick Leave (unless the period of unpaid
leave is less than one month, although it is unlikely that unpaid
Maternity/Adoption Leave would be for such or a lesser period), Annual Leave
(unless the period of unpaid Maternity/Adoption Leave is less than 28 calendar
days) or Long Service Leave (unless the employee has completed ten years
service and the period of unpaid Maternity/Adoption Leave is less than six
months).
Unpaid Maternity/Adoption Leave is not to be counted as
service for determining incremental progression. Notwithstanding the foregoing, increments based on age must be
paid on attainment of the appropriate age.
During a period of unpaid Maternity/Adoption Leave the
employee will not be required to meet the employer's superannuation
liability. The employee will, however,
be required to make any necessary arrangements for their own contributions.
Applications for Maternity Leave - An employee who
intends to proceed on maternity leave should formally notify the Service (in
writing) of such intention as early as possible but not less than eight weeks
prior to the commencement of leave.
This notice must also include a statement of:
(1) the intention
to proceed on maternity leave;
(2) the expected
date of birth certified by a medical practitioner;
(3) the period of
leave to be taken;
(4) the date on
which maternity leave is to commence.
(5) You must also
attach a Statutory Declaration stating any period of paternity leave sought or
taken by your spouse. This declaration
must also state that the applicant is to be the child's "primary care
giver".
(6) Your
entitlement to maternity leave is reduced by any period of paternity leave
taken by your spouse. Apart from
paternity leave of one week at the time of confinement, maternity leave is not
to be taken concurrently with paternity leave.
Applications for
Further Periods of Maternity Leave -
Where an employee becomes pregnant whilst on maternity
leave, a further period of maternity leave may be granted. An employee who has once met 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:
(1) there has been
a break in service where the employee has been re-employed or re-appointed
after resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(2) 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 1987.
If an employee enters on the second period of maternity
leave during the currency of the initial period of maternity leave, then any
residual maternity leave from the initial entitlement ceases.
Variations of
Maternity Leave -
After commencing maternity leave, an employee may vary
the period of her maternity leave:
(1) once
without the consent of the Service, but with a minimum of 14 days notice in
writing;
(2) and
otherwise with the consent of the Service, with a minimum of 14 days notice in
writing.
However, more advanced notice is encouraged, especially
from uniformed staff because of roster arrangements.
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
any sick leave without pay.
Where an employee is entitled to paid maternity leave but,
because of illness or injury, is on workers' compensation, sick, annual, long
service leave, or sick leave without pay prior to the birth, such leave will
cease nine weeks prior to the expected date of birth. The employee will then commence on maternity leave with the
normal provisions applying.
Premature Birth -
An employee who gives birth prematurely, and prior to
proceeding on maternity leave, shall be treated as being on maternity leave
from the date she enters on leave to give birth to the child.
Stillbirth -
In the event of a stillbirth, an employee may elect to
take sick leave (subject to the provisions of a medical certificate) or
maternity leave. If an employee elects
to take sick leave, she may resume duty at any time with a doctor's certificate
stating her fitness.
Miscarriage -
In the event of a miscarriage, any absence from work is
to be covered by the current sick leave provisions.
Should an employee return to duty during the period of
paid maternity leave, such paid leave ceases from the date duties are resumed.
Fitness to Continue
Working During Pregnancy -
Whilst an employee may commence maternity leave up to
nine weeks prior to the expected date of birth, this is not compulsory. However, if an employee decides to continue
working prior to taking maternity leave, she must be able to satisfactorily
perform her normal duties.
It is recommended that pregnant ambulance officers and
flight nurses consult their general practitioner or obstetrician with regard to
their continued fitness to satisfactorily perform normal duties. This should be done as soon as the employee
is aware of the pregnancy, particularly with regard to manual handling tasks
such as lifting. The attached
information (Attachments A and B) relating to the duties of an Ambulance
Officer or Flight Nurse should be provided to the medical officer so that they
are aware of the physical requirements of the job.
It is the responsibility of the pregnant ambulance
officer or flight nurse to:
(1) Seek medical
advice, as soon as they are aware of a pregnancy, about fitness for normal
duties.
(2) Seek
regular monthly medical advice about continued fitness for normal duties.
(3) Immediately
advise their supervisor if they are unfit for normal duties so alternative
duties may be considered. A medical
certificate should be supplied which outlines the restrictions which apply.
Ambulance officers and flight nurses are encouraged to
submit regular (i.e., monthly) certificates to their District Officer or Senior
Flight Nurse certifying there continued fitness to carry out their normal
duties.
Alternative Work for
Employees -
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 alternative employment
in some other position that she is able to satisfactorily perform, until
maternity leave commences. 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.
Any alternative duties must be within a reasonable
travelling distance from either the employee's current work location or their
home address. In certain circumstances,
for example in some locations, this may be impossible. In this case, a compromise, which does not
unlawfully discriminate against the employee, should be negotiated.
Pregnant Ambulance Officers and Flight Nurses may take
up their entitlement to alternative duties at any time during the pregnancy if
their medical condition determines they are unable to carry out normal duties.
Medical Certificate
Requirement -
In the case of Ambulance Officers and Flight Nurses a
medical certificate must be provided at 24 weeks gestation, confirming fitness
and ability to continue working in normal duties. The attached information (Attachments A and B) relating to the
duties of an Ambulance Officer or Flight Nurse should be supplied to the
medical officer so that they are aware of the physical requirements of the job.
Effect of Maternity Leave on Accrual of Leave,
Increment, 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.
Returning to Work
from Maternity Leave -
An employee who returns to work after maternity leave
has a right to return to 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 for which the employee is capable and/or qualified.
Returning to Work on Less than Full-time Hours -
Employees may make application to the Service to return to duty for less than
the full-time hours they previously worked by taking weekly leave without pay. Any employee returning to work after
maternity leave under this arrangement remains a full-time employee (therefore,
the payment of the part-time allowance does not apply).
Such return to work is to be according to the following
principles:
(1) The employer
has determined that a position is available on reduced hours.
(2) The
period is to be limited to 12 months, after which full-time duties must be
resumed.
(3) An application
is to be made by the employee for leave without pay to reduce her full-time
weekly hours of work. At least four
weeks notice must be given; however, application should be made as early as
possible to enable suitable staffing arrangements.
(4) The quantum of
leave without pay to be granted to individual employees is to be at the
absolute discretion and convenience of the employer.
(5) Salary and
other conditions of employment are to be adjusted on a basis proportionate to
the employee's full-time hours; that is, for long service leave the period of
service is to be converted to the full-time equivalent and accredited
accordingly.
(6) In respect of
uniformed staff, as the returning officer may have just completed an absence of
12 months from operational duties, the question of clinical level and training
may need to be addressed.
(7) Specialist
administrative staff may also require some type of refresher course.
Paternity Leave -
Paternity Leave
Entitlements -
Paternity leave is leave without pay granted to
employees who are to be the "primary care giver" of a child or who
wish to share the child caring duties with their spouse. These entitlements for paternity leave are
taken from the Industrial Relations Act
1996
Paternity leave is unpaid leave for the male employee
of one or two periods, the total of which must not exceed 52 weeks, in the
following circumstances:
(1) Short
Paternity Leave - An unbroken period of up to one week from the date of birth
of the child.
(2) Extended
Paternity Leave - A further unbroken period of up to 51 weeks in order to be
the "primary care giver" of a child if the leave does not extend past
the child's first birthday. This
entitlement is reduced by any period of maternity leave taken by the employee's
spouse and is not to be taken concurrently with that maternity leave, except
for the paternity leave of up to one week at the time of confinement.
Applications for
Paternity Leave -
(1) An employee
must have had at least 12 months continuous service with his employer
immediately preceding the date on which he commences either (short, extended)
periods of leave.
(2) An employee is
not entitled to a period of extended paternity leave unless the employer
consents to the leave.
(3) You must
provide the Service with the following certificates/documents:
(a) At least ten
weeks before the expected date of confinement you must provide the Ambulance
Service with a doctor's certificate that names your spouse, confirms the
pregnancy and the expected date of the baby's birth.
(b) You must also
write to the Service stating the dates you wish to commence and the period of
leave you wish to take.
(c) You must also
attach a Statutory Declaration stating any period of maternity leave sought or
taken by your spouse. This declaration must also state that the applicant is to
be the child's "primary care giver".
Variations to
Paternity Leave -
An employee may vary the period of his paternity leave:
(1) once without
the consent of the Service, but with a minimum of 14 days notice in writing;
(2) and otherwise with
the consent of the Service, with a minimum of 14 days notice in writing.
However, more advanced notice is encouraged, especially
from uniformed staff because of roster arrangements.
The period must not exceed the maximum period of
allowable paternity leave.
(3) Extended
paternity leave, if not commenced, is cancelled when the pregnancy of the
employee's spouse terminates otherwise than by the birth of a living child.
Effect of Paternity
Leave on Other Leave, Increment, etc., -
Paid sick leave or other paid absence, except annual
leave or long service leave, is not available to an employee during his absence
on paternity leave.
Annual and/or Long Service Leave credits can be taken
in conjunction with or instead of paternity leave, provided the aggregate of
any leave does not exceed 52 weeks.
Paternity leave without pay does not count as service
for incremental purposes. Absence on
paternity leave, however, does not break the continuity of service but is not
to be taken into account in calculating the period of service for any purpose.
Returning to Work
from Paternity Leave -
An employee who returns to work after paternity leave
has a right to return to 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 his
former position and for which the employee is capable or qualified. An employee must confirm his intention of
returning to work by written notice given not less than four weeks before the
end of the period of extended paternity leave.
In respect of uniform staff, as the returning officer
may have just completed an absence of 12 months from operational duties, the
question of clinical level and training may need to be addressed.
Specialist administrative staff may also require some
type of refresher course.
Adoption Leave -
Adoption Leave
Entitlements -
These entitlements for Adoption Leave are taken from the
Health Department Leave Manual.
(1) Paid
Adoption Leave ("Short adoption leave") -
Employees are entitled to adoption leave if they are to
be the primary care giver of an adopted child.
To be eligible for paid adoption leave, an employee must have completed
40 weeks continuous service (of not less than 31.25 hours per week or 40 weeks
continuous service for permanent part-time employees as specified for maternity
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:
(a) on a
normal fortnightly basis;
(b) in
advance in a lump sum;
(c) at the
rate of half pay over a period of six weeks on a regular fortnightly basis.
Annual Leave 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.
(2) Unpaid
Adoption Leave ("extended Adoption Leave") -
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 (this period
is reduced by any period of short adoption leave and is not to be taken
concurrently with adoption leave taken by the employee's spouse). Such period is to be agreed upon by both the
employee and the employer.
Applications for
Adoption Leave -
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, normally eight weeks prior. This
will allow arrangements associated with the adoption leave to be made.
A statement must also be provided from the adoption
agency or appropriate body/government authority confirming that the
applicant/employee is to have custody and the expected date of placement of the
child.
Applications for
Further Periods of Adoption Leave - Same provisions as maternity leave.
Variations to
Adoption Leave - Same provisions as maternity leave.
Effect of Adoption
Leave on Accrual of Leave, Increment, etc., - Same provisions as maternity
leave.
Returning to Work
from Adoption Leave - Same provisions as maternity leave.
Returning to Work on
Less than Full-time Hours - Same provisions as maternity leave.
General Provisions
for Maternity, Paternity and Adoption Leave -
Staffing replacement
provisions - Maternity, Paternity and Adoption Leave -
Any person who occupies the position of an employee on
maternity/paternity/adoption leave must be informed that the employee has the
right to return to their former position.
Additionally, since the employee may change the period
of maternity/paternity/adoption leave, offers of temporary employment should be
in writing stating clearly the temporary employment nature of the contract of
employment. The duration of employment
should also be set down clearly to a fixed date or until the employee elects to
return to duty, whichever occurs first.
Liability for
Superannuation Contribution -
During a period of unpaid maternity/paternity/ adoption
leave, the employee will not be required to meet the employer's superannuation
liability.
Termination -
An employee on paternity/maternity/adoption leave may
terminate their employment at any time during the period of leave by notice given
in accordance with any relevant award or agreement.
The Ambulance Service will not terminate the employment
of an employee on the grounds of their absence on paternity/maternity/adoption
leave, but otherwise the rights of the Service in relation to termination of
employment are not affected.
Continuous Service
and Portability for Paid Maternity, Paternity and Adoption Leave -
When determining an employee's eligibility for paid
maternity/adoption leave, continuous service with the 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:
(1) service was on
a full-time or permanent part-time (as specified) basis;
(2) cessation of
service with the former employer was not by reason of dismissal on any ground,
except retrenchment or reduction of work;
(3) 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 2 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/adoption leave).
(4) Portability of
service for paid maternity/paternity/adoption leave involves the recognition of
service in public sector organisations for the purpose of determining an employee's
eligibility to receive paid maternity/paternity/adoption leave. For example, where an employee moves between
a Public Service Department and a public hospital, previous continuous service
will be counted towards the service prerequisite for paid maternity/paternity/adoption
leave.
Robert McGregor
Chief Executive Officer
Attachment A - Duties of an Ambulance Officer/Flight Nurse
Information for Medical Practitioners - Ambulance
Officers/Flight Nurses perform a wide range of duties, which requires applicants
for entry into the Ambulance Service of New South Wales and existing officers
to be subjected to medical examination to determine their fitness to undertake
these activities for a variety of reasons.
To assist medical practitioners in assessing the fitness of
Ambulance Officers and Flight Nurses, a brief outline of their duties is
given.
Ambulance Officers - In the normal course of their duties,
Ambulance Officers are expected to provide pre-hospital treatment and transport
of all categories of patients, including:
Transport related trauma - motor vehicle accidents,
rail accidents, aircraft and marine accidents.
Industrial trauma.
Domestic accidents.
Cardiac illness, both acute and chronic.
Patients described as "collapsed" from a variety
of conditions, many of which are undiagnosed.
General medical and surgical patients.
Routine "Day Treatment" patients.
Sporting accidents.
The pre-hospital treatment and transport of patients may
involve:
(a) Carrying
diagnostic and treatment related equipment of varying weights (e.g., first-aid
kit: five kilograms, oxy viva: 12 kilograms, Heartstart: five kilograms) to the
patient.
(b) Assessment of
the condition of the patient on arrival at the scene.
(c) Treatment of
the patient at the scene according to Ambulance Protocols for which the
particular Ambulance Officer is authorised.
These will include the management of life threatening emergencies.
(d) Lifting the
patient onto a stretcher, or moving the patient (e.g., downstairs) to the location
of the stretcher. This will involve
lifting aids wherever possible.
(e) Preparation
for transport, including loading the stretcher into the ambulance (stretcher
weight: 44 kilograms).
(f) Maintenance
of management and treatment of the patient during transport.
(g) Formal
handover of patient to the receiving medical service at the destination.
Patients may be expected to present in a wide range of
circumstances, which often require Ambulance Officers to discharge their duties
under adverse conditions. Examples of
these are:
The extrication of patients from motor vehicles
involved in traffic accidents. This may
require entry into the vehicle in confined spaces to provide resuscitation and
treatment to prepare the patient for extrication.
The extrication of patients from buildings or building
sites, which may require lifting and movement of patients from confined spaces
and carrying patients downstairs.
Lifting aids are used wherever possible, but on some sites this may not
be practicable.
Performance of cardio-pulmonary resuscitation (CPR),
which may be required for extended periods under adverse conditions. This may involve kneeling in an awkward
position, and exerting considerable pressures for prolonged periods. It may be physically exhausting.
Carrying a patient on slopes, over uneven or broken
ground and, at times, performing CPR in these circumstances.
These variable conditions and requirements should be
considered when assessing a person's ability to perform the day-to-day duties
of an Ambulance Officer.
Flight Nurses - As part of their normal duties, Flight
Nurses are expected to continue nursing care of the patient from the referring
hospital to the destination hospital.
This continued nursing care includes patients from the
following categories:
Transport related trauma - motor vehicle accidents,
rail accidents, aircraft and marine accidents.
Industrial trauma.
Domestic accidents.
Cardiac illness, both acute and chronic.
Patients described as "collapsed" from a
variety of conditions, many of which are undiagnosed.
General medical and surgical patients.
Routine "Day Treatment" patients.
Sporting accidents.
The treatment and transport of these patients will normally
involve:
(a) Loading, storage
and unloading of diagnostic and treatment related equipment (e.g., pulse
oximeter: 35 kilograms, Lifepak: 8 kilograms).
Some of these tasks involve awkward postures.
(b) Assessment of
the patient's condition at the referring hospital or airport.
(c) Treatment of
the patient for stabilisation prior to boarding the aircraft.
(d) Lifting of the
patient onto the stretcher, then loading the patient onto the aircraft.
(e) Maintenance of
nursing care of the patient during transport.
(f) Formal handover
of patient to the receiving medical services at the destination.
These cases will occur in a wide range of circumstances,
requiring the Flight Nurse to perform in sometimes very adverse
conditions. A Flight Nurse may be
expected to perform CPR for extended periods, in circumstances less than
ideal. This activity can be extremely
demanding, involving a Flight Nurse kneeling over the patient, exerting a
considerable amount of downward force for a period of time without
respite. This may occur within the
confined space of a general aviation aircraft in flight.
Other special considerations apply to a Flight Nurse when
his/her capability in performing day-to-day duties is being assessed.
(a) Working in
confined space - unable to stand upright in the aircraft, or adopt correct
postures for many tasks. The cabin of
an Air Ambulance King Air is 1450 x 1350 cm.
(b) Turbulence may
precipitate nausea and vomiting as well as aggravate pre-existing conditions or
disabilities such as old back injuries.
(c) Aviation
medical considerations - sinusitis (acute or chronic), inability to Valsalvae,
recent surgery (note expansion of air in cavities occurring with decreasing
cabin pressure), pregnancy, recent scuba diving expeditions (24 hours must pass
prior to flying after diving), spontaneous pueumothorax.
These variations in conditions should be considered when
assessing the capability of a person to perform the day-to-day duties of a
Flight Nurse.
Attachment B - Ambulance Officers and Flight Nurses Manual Handling
Tasks
This document is designed as a guide to the manual handling
tasks and other physical duties which an Ambulance Officer or Flight Nurse may
be required to perform. It could be of
assistance in determining the fitness of an individual to undertake the normal
duties expected of an Ambulance Officer or Flight Nurse. The list is not exhaustive, but reflects
potential tasks.
(1) Ambulance
Officers' Duties in General - In the normal course of their work, Ambulance
Officers and Flight Nurses provide pre or inter-hospital treatment and
transport for patients with a variety of conditions, including:
transport related trauma;
industrial, domestic and sporting accidents;
cardiac illnesses, acute or chronic;
collapsed patients whose condition may be undiagnosed;
routine "Day Treatment" patients.
(2) Volume of Work
- Most patients attended by Ambulance Officers require some form of manual
handling for diagnosis, treatment or transport purposes. Workload may vary, depending on the location
of the Officer and could range from 1 to 2 patients per shift to 11 to 13
patients per shift. Specific advice
about workload should be sought from the Service's contact person. Sydney based officers work in pairs. Country based officers may work alone and
may have to lift alone if assistance (which can take the form of bystanders) is
not available.
Flight nurses may treat from 1 to 9 patients per shift,
and work alone in-flight. Flying time
is limited to 30 hours in a seven-day period.
(3) Nature of Work
Environment - Ambulance Officers work mostly in uncontrolled work environments
and care is often provided under emergency circumstances. The work environment varies widely, from a
hospital bed/patient's home to roadside/industrial accident sites, and can
include confined spaces. Patients may
range in size from a small child to an obese adult.
Officers and flight nurses may be required to lift or
move patients without the opportunity of doing warm-up exercises (e.g., if they
are "on call" overnight).
The ambulance road vehicles and aircraft are confined
spaces (the height of road vehicles varies, the aircraft cabin height is 1450
cm). Staff are usually unable to stand
upright while working.
Additional considerations which should be considered
for flight nurses include:
(a) Turbulence
which may precipitate nausea and vomiting as well as aggravate pre-existing
conditions or disabilities such as old back injuries.
(b) Aviation
medical considerations - sinusitis (acute or chronic), inability to Valsalvae, recent
surgery (note expansion of air cavities occurring with decreasing cabin
pressure), pregnancy, recent scuba diving expeditions (24 hours must pass prior
to flying after diving) spontaneous pneumothorax.
(4) Nature of
Manual Handling Tasks - Manual handling tasks fall into three major categories
as follows:
(a) Patient
assessment and treatment.
(b) Patient
movement.
(c) Equipment
movement.
These three categories are further described in the table
further on.
Ambulance Officers are also required to drive a vehicle
(over three tonnes) in various traffic conditions. Trip length would range from 10 minutes to eight hours or more.
(5) Methods of
Moving Patients - Carrying Patients - This may be through narrow hallways or
stairs, across a range of surfaces from tile to carpet and sand, or rocky
terrain that may be of varying gradients.
Devices for carrying patients may include a carry sheet
(flexible), fracture board, Jordan frame, Stokes litter and stretcher with
wheels and collapsible undercarriage.
Range of Lifts - An Officer may be required to lift a
patient who is unconscious, semi-conscious or unco-operative from floor, bed or
confined space to bed, or from stretcher to chair. This will often require an Officer to bend, twist, reach, squat,
push or pull during the lifting process.
Flight nurses are required to assist in transferring
patients from stretchers to the aircraft.
An hydraulic device is used to load the patient into the aircraft, but
this requires bending, pushing and pulling (on rollers) to position correctly.
(6) Most
Commonly Handled Articles and Weights -
|
First-aid kit
|
5
kilograms
|
|
ALS Kit
|
11
kilograms
|
|
Oxy Viva
|
12
kilograms
|
|
Oxygen Cylinder "D"
Size
|
12
kilograms
|
|
Entonox Unit
|
5
kilograms
|
|
Heartstart Monitor
|
5
kilograms
|
|
Stretcher
|
45
to 50 kilograms
|
|
Humidicrib
|
25
kilograms
|
|
Neo-natal retrieval units (4
person lift)
|
90
to 165 kilograms
|
An Officer may be required to handle more than one
article at any one time. In country
areas Officers may also be required to move portable lighting generators (20
kilograms) or change tyres.
The above guide relates only to manual handling tasks
and postures which may be performed by Officers and Flight Nurses of the
Ambulance Service of New South Wales.
The Skills, abilities and knowledge of the individual will also be
considered as part of the rehabilitation process, in conjunction with other
members of the rehabilitation team.
Ambulance Officer and Flight Nurse Manual Handling
Tasks
|
Task Group
|
Duration and Frequency
|
Distance Moved
|
Type of Load
|
Weights
|
Postures
|
|
Patient assessment and
treatment (these tasks are also done in moving vehicles)
|
Minutes - hours
(e.g., CPR 20 - 50
minutes)
|
n.a.
|
Patients
|
90 per cent of patients
are in the range 50-100 kilograms - average 85 kilograms
|
Bent or awkward
postures may be required as well as the exertion of considerable force, e.g.,
during the prolonged CPR.
|
|
Patient movement (lift,
carry, push, pull and drag patients, with and without equipment)
|
Varies, depending on
location - range is from 2 - 15 patients per shift. Specific information on workload should be sought.
|
Varies from direct
transfer from bed to stretcher - to a long carry over rough/muddy/sandy
ground. Average distance
approximately 10 metres.
|
As above. Most common situations are: - x-fer from
bed to stretcher
* flat lift
* fore and aft
lift
|
As above
|
Correct techniques may
not always be possible, e.g., emergency extrication from vehicles, transport
down stairs.
|
|
Equipment movement
(includes patient luggage)
|
As for patient
treatment - most commonly used equipment is the oxy viva, heart start and
ALS kit.
|
As above
|
Stretcher
Oxy-viva
02 Cylinder D size
ALS Kit
First-aid Kit
Entonox
Heartstart
Haversack
Humidicrib
Neo-natal retrieval
units (4 person lift)
|
44-50 kilograms
12 kilograms
11 kilograms
12 kilograms
5 kilograms
5 kilograms
5 kilograms
7 kilograms
25 kilograms
90-165 kilograms
|
Twisting and stretching
may be required to load/unload equipment from ambulance.
|
Manual Handling Tasks - Rescue Officers - The following is a
list of typical manual handling tasks which a Rescue Officer may be required to
perform. The list is not intended to be
exhaustive, but reflects typical tasks.
Each rescue situation will be unique and may pose additional manual
handling hazards not described here.
Load and unload equipment from rescue vehicle (hydraulic
equipment can weigh 25 kilograms or more).
Operate hydraulic equipment (e.g., spreaders for motor
vehicle rescue work). Weight of
equipment is 25 kilos, single person operation, and used at all angles (including
above shoulder and below knee height, depending on circumstances).
Undertake roping work, e.g., abseiling to attend to
patients; manoeuvre patients while suspended on a rope and taking partial
weight of patient.
Undertake cliff rescue work, e.g., haul ropes and laden
stretchers (the average patient weight is 68 kilograms) up cliffs.
Work in extremely confined spaces (e.g., crashed vehicles)
to free trapped victims. This can
involve twisting, lifting and maintenance of awkward postures for extended
periods of time.
Climb ladders.
Support own body weight in a variety of positions.
Schedule - C
Study Leave (Circular No. IC 96/04)
Study Time (This Instructional Circular replaces IC 90/34,
94/15 and Administrative Circular 91/10).
This Instructional Circular details the provisions of Study
Time as extracted from the Health Department Leave Matters Manual which applies
to the Ambulance Service and the public health system generally.
Study time has been extended to staff in the past under these
Health Department guidelines with the delegation for approval with the
Divisional Superintendent/Director.
Staff are hereby advised that due to the essential nature of
the Ambulance Service they are to first arrange leave to attend studies through
flexibility in their roster arrangements.
Study time leave only will be considered by the Service where staff can
demonstrate that this option has been unsuccessful.
Eligibility -
Study time may be granted by the Ambulance Service to full-time employees undertaking
part-time courses of study, in disciplines appropriate to the Service, for
which approval to enrol has been given by the Divisional
Superintendent/Director.
Employees proposing to embark upon a course of study for
which the Service's support is sought should consider the extent to which their
own time will need to be applied to study, and whether they are prepared and
able to firmly commit that time for the duration of the course. They should also consider whether the
content of the course is appropriate to their employment situation, either
present or contemplated, and whether attainment of the qualification will be of
benefit to them in their work.
Having decided to undertake the course, an employee should discuss
the proposal with their Divisional Superintendent/Director and secure approval
before making any final arrangements for enrolment or registering in a course.
The Divisional Superintendent/Director is required to
examine the appropriateness of the course considered by any full-time employee,
and be satisfied that it will better qualify the employee for service within
the Ambulance Service, before giving the approval and committing the Service to
support in the form of study time. The
Divisional Superintendent/Director should ensure that study time will not
interfere with the maintenance of the Service's essential service, nor require
the employment of additional staff.
The application form for study time is attached as Appendix
A.
Study time and/or paid time off for course work will only be
granted in respect of one course at any one time. An employee who is undertaking two or more courses concurrently
will not in any circumstances be granted paid study time for more than one.
Financial Assistance
- It is to be noted that employees who undertake courses associated with
part-time and external studies are not entitled to any financial assistance
regarding reimbursement of fees, travelling, etc.
Extent of Entitlement
- For face-to-face studies in courses conducted by universities, the NSW
Institute of Technology, colleges of advanced education or technical colleges,
employees are eligible for a maximum of four hours' paid study leave per week
to attend lectures held in working hours, and for necessary travelling time
involved. Any absence from duty in excess of this limit is to be made up.
Where lectures are held outside working hours or during a
combination of working and non-working hours an employee may be granted paid
study time on the basis of one half-hour for each hour of compulsory attendance
at after-hours lectures. Travel time
necessary to attend lectures may also be granted, but the aggregate of paid
time off under this provision is not to exceed four hours per week. Any absence from duty in excess of this
limit is to be made up.
For employees undertaking an approved course by
correspondence, or as "external students", study time may be granted
on the basis of one quarter hour for each hour of lecture time in the
face-to-face course, to a maximum of four hours per week. However, where external students are
required to compulsorily attend a residential school or practical session, they
will be granted leave on the basis of five days per subject per year, or 2½
days per subject per semester. This
leave will be in substitution for, and not additional to, study time which
might otherwise have been granted on a weekly basis. Any extra time involved is to be debited against an employee's
accrued annual leave or taken as leave without pay.
It should be noted that study time may be granted, and
taken, only once in respect of any course subject. Any student, therefore, who fails to pass in a subject at the
first attempt, and is required to repeat that subject, shall not be eligible
for paid study time in respect of that repeat.
This applies even though the repeat involved attendance at lectures in
working hours (in which case all time off for repeat studies must be made up)
or compulsory attendance at a residential school (in which case all the time
off must be made up, taken as leave without pay or annual leave).
However, a student who is taking a combination of new and
repeated subjects in any semester or course year is eligible for study time in
respect of the new subject(s).
Study time shall not be granted or taken during course
vacations.
An employee who is enrolled in a course which involves
compulsory attendance at a field day or days may be granted study time to
attend. Leave for this purpose is
limited to seven hours on any one day, and where a field day occurs on a
non-working day no time off in lieu is to be allowed. Where the aggregate of time off for course purposes exceeds four
hours in any one week, the excess is required to be made up. Reference should be made to sub-section
"Making Up of Time" for certain conditions relating to the making up
of time off for study purposes.
Divisional Superintendents/Directors must satisfy themselves
that applicants for study time are required to attend lectures, field days or
residential schools at the times stated in their applications.
Entitlements for employees undertaking higher degree studies
differ from those dealt with above and these are discussed in the sub-section
"Part-time Higher Degree Studies".
Making Up of Time
- Employees who are absent from duty for more than the maximum four hours in
any week are required to make up the excess time off. However, the maximum excess time off taken in any one week which
is required to be made up is five hours; where the excess time off necessarily
taken by an employee for course purposes exceeds nine hours per week the hours
over nine hours are abandoned. The
following example illustrates the principles involved.
An employee who attends four hours of face-to-face lectures,
and is also required to attend a field day in that same week:
¦‹-------4 hours lectures --------›¦
‹------------------------8 hours field day ------------------›¦
¦‹-------4 hours paid leave -----›¦ ‹------7 hours (max)
paid leave-----›¦unpaid----------- ›¦
|
4 hours
|
5 hours
|
2 hours
|
1 hour
|
¦(max) for the week ¦5 hours (max)¦‹-------abandoned made
up
It will be seen that the employee has been granted time off
as paid study time to attend lectures then is required to attend a field day of
eight hours' duration, and is paid for seven hours, which is the maximum
allowed for attendance at a field day.
They have, therefore, done course work for 12 hours in that week and
have been paid the maximum allowable aggregate of 11 hours. They are then required to make up the
maximum of five hours' excess (in any one week), and the remainder (two hours)
is abandoned. They are not required to
make it up either in this week or at any future time.
As a general rule, time must be made up as soon as possible
after the leave has been taken; it cannot be made up in advance, except in the
week in which the excess time off is to be taken, but make-up time may be
deferred, if convenient to the Service, until a later date (e.g., during
vacations). Time off is not permitted
to be made up during meal breaks.
The supervision of staff during make-up time should be the
same as is normally required.
Despite the provisions of this section, all paid time off
for course work in repeated subjects must be made up, however much it may be;
the five hours limitation does not apply to repeated subjects. This time off should be made up as soon as
possible, or at the Service's convenience.
Accumulation of Study
Time - Study time may be accumulated to a maximum of five days per year (or
2½ days per semester) subject to the approval and convenience of the Service
and a request by the employee.
It will be remembered that employees engaged in courses
requiring compulsory attendance at a residential school are not eligible for weekly
study time, but are allowed a maximum of five days per subject per year (or 2½
days per subject per semester) to attend.
Employees, other than those covered in the second paragraph
of this section, who are entitled to less than two hours' study leave per week
may elect to accumulate that time and take it in half-day or one-day periods if
they feel that this will be more beneficial to their studies.
Where students believe that their course requirements and/or
personal circumstances are such that they would benefit more by accruing study
time rather than taking it weekly, they may be granted a consolidated period
not exceeding five days per year (or 2½ days per semester) in substitution for
weekly study time, and may take this leave either prior to or during
examinations.
Students who receive some paid study time weekly for lecture
attendance and/or travelling time during working hours, and also have some
additional entitlement (e.g., from attendance at out-of-hours lectures) may
convert the additional entitlement to a five-days-per-annum grant if they so
desire.
Approval to accrue five (or 2½) days' study time as provided
above should be sought at the beginning of each course year. However, a student who elects to accrue at
the beginning, or vice versa, may opt to reverse that decision, as from 1 July,
for the remainder of the year.
The Service, in giving approval for the accrual of study
time, should ensure that the Service will not be inconvenienced, or the
maintenance of essential operations jeopardised, by such arrangement and that
there will not be any need to employ relief staff. However, where approval is initially given, the Service is
required to honour its undertaking for the agreed period even though
circumstances may alter and the employee's absence has become
inconvenient. If the Service declines
an employee's request for approval of accumulation of study time it is obliged
to grant such time on a weekly basis.
Employees undertaking a course who join the Service after
the commencement of the course year may apply on 1 July of that year to
accumulate their study time.
External Studies - Employees may enrol, subject to approval
by the Service, as external students in courses of study leading to a first or
further qualification other than a higher degree. These courses may be taken through a university or a college of
advanced education.
Such a course does not usually require the student to attend
lectures during the course year or semester, but usually does require
compulsory attendance at a residential school at least once during each year or
semester.
Study time is to be granted on the basis of five days per
subject per year, or 2½ days per subject per semester, and it is to be made
available to the employee to attend the school or schools held. This leave is in substitution for, and not
additional to, leave which might otherwise be granted on a weekly basis.
Students attending residential schools do not receive any
allowance for travelling, accommodation, or incidental costs.
Part-time higher degree studies - The provisions for study
time for employees undertaking higher degree studies are altogether different
from the provisions already described, except for courses, which involve
face-to-face instruction.
The following grants of study time represent the maximum
grant available for higher degree studies, and the periods of leave may be
taken as required by the employee, subject to the convenience of the Service:
Employees studying entirely by thesis may be granted a
period of ten days' study time.
For study entirely by research and thesis there is an
entitlement of 20 days' leave; in these cases a further ten days' leave may be
granted where the Service is satisfied that the nature and progress of the research
warrants further study time.
For study which involves course work followed by the
preparation of a thesis necessitating further research, employees may be
granted weekly study time for the course work, where appropriate, and may also
be granted a further ten days' leave for the preparation of the thesis.
Periods of ten days' and 20 days' study time must be taken
as units, not as scattered or random days towards the total entitlement, and
apply to the thesis not per year.
Examination Leave - A terminal examination is one which
occurs at the end of the subject and must be passed for the subject to be
completed and the student to progress further; or one set during the course
which forms an integral part of the major examination or final assessment in
that subject and which the student must take in order to pass that subject in
an academic year.
Employees attending terminal examinations in approved
tertiary courses may be granted pre-examination and examination leave on the
following basis:
Half day examination leave for an examination in the morning
- There is no pre-examination leave in this case, except where the employee
works an evening shift on the evening prior, when the equivalent of one half
day's leave may be granted.
In the case of half day examination leave in the afternoon,
the employee may be granted half day pre-examination leave in the same
morning. Where examinations are held in
the evening, employees may be granted half day pre-examination leave on the
afternoon of the same day.
Where an examination is conducted within the normal class
timetable during the term and study time is granted to the employee for either
private study or actual lecture attendance, no examination leave or
pre-examination leave is to be granted.
Pre-examination leave is not to be granted where study time
has been refused, except in respect of repeat studies in a course normally
attracting that concession.
Employees undertaking courses either by correspondence or by
face-to-face studies may be granted leave for examinations, including deferred
examinations, as well as repeat studies in respect of the above courses.
Robert McGregor
Chief Executive Officer
..........................................................................................................................................
Application for Study
Time
Surname: __________________________ Given Names: _____________________
Position:___________________________ Div/Location: ______________________
Previous Studies
Since Leaving School
|
Year
|
Course and
University or College
|
Subjects Completed
|
Study Time Granted
|
|
|
|
|
|
|
|
|
|
|
Studies Proposed this
Year
Course:
________________________________________________________________
Course Duration: _______________________ (years)
Full-time/Part-time
College or University:
_________________________________________________________
Subjects:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Has this subject been attempted previously? Yes/No
Timetable of Studies
this Year
(as per Fees Receipt)
|
Day
|
Subjects
|
From
|
To
|
|
Monday
|
|
|
|
|
Tuesday
|
|
|
|
|
Wednesday
|
|
|
|
|
Thursday
|
|
|
|
|
Friday
|
|
|
|
|
Saturday
|
|
|
|
|
Sunday
|
|
|
|
Total Study
Time/Examination Leave Applied for During Working Hours
Hours/Minutes Rostered Shift
(a) Lectures/Travelling
Time: _____________ ________________
(b) Private
study: _____________ ________________
I certify that the above information is correct:
________________________________ __________________________
Applicant's Signature Date
Supervisor's Report - (Please confirm that all flexibility
in roster arrangements are exhausted).
__________________________________________________________________________
________________________________ ___________________________
Supervisor's Signature Date
Recommendation to approve study leave:
_________________________________ ___________________________
Divisional Superintendent/Director Date
Attach supporting documentation if desired.
Schedule - D
Paid Trade Union Leave (Circular No. 95/68)
Paid Trade Union
Leave
The Premier has agreed that special leave with pay will be
granted to all public sector workers (includes employees in the health system)
who are members of their relevant union and have been accredited by their union
as a delegate to their union conferences, executive meetings or to the annual
conference of either the Labor Council of NSW or the bi-annual congress of the
Australian Council of Trade Unions.
Any delegate who wishes to attend a conference is required
to establish that they are accredited delegates and this must be done in sufficient
time to allow their health service to make arrangements for work and duties to
be carried out during the time of the absence of the employee.
For special leave to be granted for the purposes outlined
above, it is necessary that the health service is informed by the employee
within sufficient time by way of documentary evidence from the union, showing
that the person applying for special leave is an accredited delegate. Health services will not meet any costs/expenses
of the employee in attending these conferences, etc.
Whilst special leave with pay should be granted for the
purposes outlined above for which the employee is rostered on duty, no credit
is to be allowed for any conference day, etc., which coincides with a day on
which the employee has been rostered off duty, or which is normally a
non-working day.
John Wyn Owen,
Director-General
Schedule - E
Paid Trade Union Leave (Circular No. 95/70)
Paid Trade Union
Leave
Reference is made to Department of Health Circular No. 95/68
of 18 August 1995 concerning the above matter.
To assist the parties in the implementation of the
Government's decision on this matter, the Public Employment Office of the
Premier's Department has developed guidelines and issued the attached Circular
to public agencies.
It has been determined that the attached guidelines are also
to be used in the public health system.
This Circular should be read in conjunction with Circular No. 95/68 of
18 August 1995.
John Wyn Owen,
Director-General
Public Employment Office
PEO Circular No. 95-16
Paid Trade Union Leave
(Circular to all Chief Executive Officers)
I refer to the Memorandum issued on 14 July 1995 by the
acting Minister for Industrial Relations confirming availability of special leave
with pay for union activities.
To assist the parties with the implementation of this
decision, the following guidelines have been developed for public agencies:
(i) Eligibility
- applies to members of relevant unions accredited by their union as a delegate.
(ii) Paid
special leave is available for attendance at:
* annual
or bi-annual conferences of the delegate's union; and
* meetings
of the union's executive/Committee of Management; or
* annual
conference of the Labor Council of NSW; or
* bi-annual
conference of the Australian Council of Trade Unions.
(iii) Limits -
There is no limit on the special leave that could be applied for or
granted. It is expected, however, that
the leave would be kept to a minimum and that, on average, not more than five
days special leave per year would need to be taken.
(iv) Responsibilities
of the union delegate are:
* to
establish accreditation as a delegate with the union;
* to
provide sufficient notice of absence to the employer; and
* to
lodge a formal application for special leave.
(v) Responsibilities
of the union are:
* to provide
documentary evidence to the employer about an accredited delegate in sufficient
time to enable the employer to make arrangements for performance of duties;
* to meet all
travelling, accommodation and any other costs incurred by the accredited
delegate; and
* to provide the
employer with confirmation of attendance of the accredited delegate.
(vi) Responsibilities
of the employer are:
* to release the
accredited delegate for the duration of the conference or meeting;
* to grant
special leave (with pay); and
* to ensure that
the duties of the absent delegate are performed in his/her absence, if
appropriate.
(vii) Period of
Notice - Generally, dates of conferences or meetings are known well in advance
and it is expected that employers would be notified as soon as accreditation
has been given to a delegate or at least two weeks before the date of
attendance.
Where extraordinary meetings are called at short
notice, a shorter period of notice would be acceptable, provided such notice is
given to the employer as soon as advice of the meeting is received by the
accredited delegate.
(viii) Travel Time -
Where a delegate has to travel to Sydney, inter or intrastate, to attend a
conference or meeting, special leave will also apply to reasonable travelling
time to and from the venue of the conference or meeting.
No compensation, such as time off in lieu, is to be
provided if travel can be and is undertaken on an accredited delegate's
non-working day or before or after his/her normal hours of work.
(ix) Payment of
Allowances - No allowances will be claimable in cases of special leave granted
for attendance at union conferences or executive meetings covered by this
circular. (See also item (v) above.)
(x) Relationship
to Awards and Agreements - The provisions contained in this circular will not
apply if more generous provisions for trade union leave are already provided
under awards or agreements applicable to officers and employees in your
organisation.
(xi) Date of effect
- These provisions apply to trade union leave taken for the purposes listed
above on or after 14 July 1995.
Ken Cripps,
Commissioner
Schedule - F
Redundancy Provisions
Managing Displaced Employees
(Circular No. 2000/78)
This Circular replaces Circulars 90/6, 91/82, 96/16 (which
referred to Premier’s Department Memorandum 96-5), 97/104 and 98/47. It applies
to all employees of public health organisations as defined under section 7 of
the Health Services Act 1997 and the
NSW Ambulance Service (except as provided for hereunder).
In this Circular, the use of the term Health Service refers
to Area Health Services, the Ambulance Service of NSW, the New Children’s
Hospital and Corrections Health Service.
Section 3 of this Circular sets out the provisions of
Section 116 of the Health Services Act
1997 and the determination of employment conditions and transfer for employees
within the public health system.
Accordingly, Section 3 does not apply to the Ambulance Service of
NSW.
Please note the main changes are:
• to ensure
that where Health Services intend to approve offers of voluntary redundancy,
the matter must be referred to the Health Administration Corporation for determination
where unions have not agreed to offers of voluntary redundancy being made or
where local communities will be significantly affected;
• to introduce
six monthly reporting to the Department on voluntary redundancies approved by
the Health Service; and
• to streamline
the membership of the Directed Transfer Review Committee, which reviews
objections to directed transfers under the
Health Services Act.
• the inclusion
of a definition of equivalent salary.
The provisions contained in this Circular do not apply to:
• employees
defined as "Exempt Employees" under the Health Industry Status of
Employment Interim (State) Award.
• temporary
(including locum/relief) employees engaged for less than 12 months or for a
specific period or on a casual basis to carry out specific duties or a project;
or temporary employees whose contracts of employment are not covered by the
Health Industry Status of Employment Interim (State) Award.
• apprentices or
trainees at the conclusion of their apprenticeship commitments, eg. Trainees
employed by the Health Industry Group Training Company;
• employees on
worker’s compensation whose claim is based on compensation for termination
(unless the agreement of their worker’s compensation insurer is obtained to a
separation payment being made) or others awaiting determination of claims
against the employer for termination of services;
• employees
awaiting the outcome of disciplinary action which may result in termination of
services; and
• Senior
Executive Service (SES) Officers, including SES equivalent officers, or
employees employed on a contract basis who receive similar conditions to SES
officers.
The provisions of this Circular do not apply to public
servants employed in the Department of Health or employees of the Health
Administration Corporation. The same
principles apply, but there are differences in the period of salary maintenance
and the procedures that apply.
Employees of the Department of Health and the Health Administration
Corporation should refer to Departmental Circular 99/41 as varied from time to
time.
Enquiries in relation to the management of
displaced/excess employees or the contents of this Circular should be directed
to the Area Health Service Human Resources Manager. Only Area Human Resources staff should contact the Department
directly.
Michael Reid
Director-General
NSW HEALTH DEPARTMENT
MANAGING DISPLACED EMPLOYEES
CONTENTS
Section 1 Policy
1.1 Policy
1.2 Commonly Used
Terms
1.3 General
Principles
1.4 Planned
Program for Organisational Restructure
1.5 Notification
to Employees
Section 2 Redeployment of Displaced and Excess
Employees
2.1 General
2.2 Principles
2.3 Priority of
Employment
2.4 Internal
Redeployment
2.5 External
Redeployment
Section 3 Transfer Provisions for Health Service
Employees
3.1 General
3.2 Public Sector Amendment (Mobility) Act
1996
3.3 Health Services Act 1997 and Authority
to Direct a Transfer
3.4 Industrial Relations Act 1996
3.5 Directed
Transfer Appeal Procedure
Section 4 Salary Maintenance
4.1 Public
Health System /Ambulance Service Employees
Section 5 Voluntary Redundancy
5.1 General
5.2 Approval to
Offer Voluntary Redundancy
5.3 Voluntary
Redundancy Payment Entitlements
5.4 Determining
Service for the Purposes of Calculating Voluntary Redundancy Payments
5.5 Effect of
Leave Without Pay and Maternity Leave in the Calculation of Severance Payments
5.6 Taxation
5.7 Training
Assistance for Employees Accepting Voluntary Redundancy
5.8 Reimbursement
of Counselling and Training Costs
5.9 Re-employment
following Acceptance of Voluntary Redundancy
Appendix A -
Workforce Management Centre Redeployment Registration Form
Appendix B -
Voluntary Redundancy Return
Section 1 - Policy
1.1 Policy
The Government's policy on managing displaced/excess
employees, as expressed in Premier's Department Circulars 96/5 & 97/27, and
in this Circular, has an emphasis on redeployment, supported by counselling and
training services. However, voluntary
redundancy may be appropriate where redeployment is not practical.
1.2 Definitions
Health Administration Corporation (HAC) is the
Director-General, NSW Department of Health in his/her statutory capacity as a
corporation and is the deemed employer for certain industrial purposes within
the public health system and the Ambulance Service of New South Wales.
NSW Health refers collectively to the Department of Health,
public health organisations as defined under section 7 of the Health Services Act 1997 (including Area
Health Services, Corrections Health Service, and the New Children’s Hospital),
and. the Ambulance Service of New South Wales.
Public Health System refers to public health organisations
as defined under section 7 of the Health
Services Act 1997 (that is, Area Health Services, the New Children's
Hospital and Corrections Health Service)
Health Service refers to individual public health
organisations as defined under section 7 of the Health Services Act 1997 (that is, Area Health Services, the New
Children's Hospital and Corrections Health Service) and the NSW Ambulance
Service
Health Employer refers to public health organisations as
defined under section 7 of the Health
Services Act 1997 (that is, Area Health Services, the New Children's
Hospital and Corrections Health Service) and the Ambulance Service of NSW.
Department means the NSW Health Department.
Broadbanded Position means a multi-graded position, eg Clerk
Grade 5/6.
Displaced Employees are permanent employees or temporary
employees to whom this Circular applies, whose positions have been deleted.
Equivalent Salary means within 5% of existing salary or
within one grade, at the Chief Executive Officer’s discretion, after he/she has
consulted with the relevant union.
Excess Employees are displaced employees who have been
formally declared excess to requirements by their Health Employer and advised
of this in writing.
Existing Salary means the salary plus allowances in the
nature of salary of the substantive classification of the affected employee,
but does not include shift penalties or disability allowances.
Redeployment means the transfer of a displaced employee to
an available position within NSW Health or in another public sector
organisation.
1.3 General Principles
Where there is potential for restructuring to result in
redeployment or voluntary redundancy, Health Employers must, at the earliest
possible opportunity, consult with relevant unions.
Where NSW Health or other NSW Public Sector employees are
declared excess, Health Employers must take all reasonable steps to assist the
excess employees to be redeployed to meaningful employment in a substantive
position as soon as possible.
Voluntary redundancy may be available where redeployment or
transfer would be impractical. It may
also be used in circumstances where a more general program of voluntary
redundancies is necessary given numbers, occupations and locations of positions
affected by the Health Employer's decision to restructure or undertake
organisational change.
Health Employers must ensure that the individual
circumstances of a displaced employee are fully and compassionately
considered. Relocation of residence may
not be a viable option for some displaced employees because of the adverse
impact on their family situations.
Where a Health Employer recognises that a displaced employee has valid
reasons for refusing a proposed relocation, that employee's priority status and
eligibility for Voluntary Redundancy will not be prejudiced.
1.4 Planned Program for Organisational
Restructure
Where substantial organisational restructuring will occur
(eg impacting in a significant way on a whole unit/group), Health Employers are
to undertake full consultation with the relevant union/s, and develop a planned
program, setting out how they intend to implement redeployment, transfer or
voluntary redundancy for employees affected by the restructuring.
Each organisation’s restructuring program should identify:
• reasons for
the restructuring, the benefits and impact on services;
• any planned
new positions, including the location if known;
• number of
employees who may be subject to redeployment, their current classifications and
locations and to where the employees will be redeployed;
• number of
voluntary redundancy packages to be offered, including the classification and
location (eg unit/ward);
• estimated
costs for approved voluntary redundancies, retraining and salary maintenance of
redeployed or excess employees;
• details of
employee and union consultation, and planned information sessions for staff;
• an
implementation timetable;
• effects on
EEO group profile;
• the
availability of employee counselling and vocational assessment services; and
• should seek
agreement in writing from the relevant union to the voluntary redundancy
program.
Where agreement to the voluntary redundancy program has not
been given (either the union has failed to respond or the union is opposed to
the proposal), Health Employers should then liaise with the Department's
Director, Employee Relations for determination of the matter by the Health
Administration Corporation before affecting any voluntary redundancies.
The Health Employer must retain the planned program for
audit/review purposes.
A planned program is not required where a Health Employer is
undertaking minor restructuring which may result in one-off requests for
voluntary redundancy.
In accordance with the planned program, any priority of
employment of an employee (as described in section 2.3 Priority of Employment)
should be determined. The affected
employee should be informed in writing of his/her priority status as soon as
practicable after the Health Employer has made a decision to introduce changes
leading to the displacement of the employee.
Health Employers are to assess the social and economic
effect any substantial organisational restructuring will have on the local
community, particularly in rural areas. Where there will be significant
economic, social or environmental impact on local communities, particularly in
rural areas, the Department’s Director, Employee Relations must be advised of
this at an early stage to ensure compliance with Government policies and
processes. In these circumstances,
Health Employers wishing to approve offers of voluntary redundancy to any
employee/s, must refer the matter to the Health Administration Corporation for
determination.
1.5 Notification to Employees
Once the Health Employer has made a decision that involves
deleting an occupied position, and following appropriate consultation with
affected unions, the Health Employer should notify each affected employee in
writing that as a result of this:
His/her position has been deleted and that he/she is
declared "displaced/excess"; and either
(a) while he/she
is presently displaced, the Health Employer anticipates that the employee may
be placed in another available position in that organisation or the public
sector, or
(b) he/she is
formally declared excess to allow him/her to immediately have priority of
employment for vacancies across The public health system and to be considered
for available vacancies across the NSW Public Sector. Salary maintenance will commence from the date the employee is
advised in writing that his/her position has been deleted and that he/she is
excess to workforce requirements.
Section Two - Redeployment of Displaced/Excess Employees
2.1 General
Redeployment is the principal means for managing displaced employees
whose positions have been deleted.
Displaced employees may be redeployed within the service of their
existing Health Employer, or directed to transfer to positions within the
public health system, or redeployed to another NSW Public Sector organisation,
at an equivalent salary (ie within 5% of existing salary or within one grade,
at the Chief Executive Officer’s discretion, after he/she has consulted with
the relevant union.
As a transfer to a higher graded position is in effect a
promotion, it is expected that transfer to a higher graded position would not
occur for promotional positions in career structures. Where a higher graded position would normally be advertised the
Chief Executive Officer should take this factor into account.
The Chief Executive Officer may directly redeploy or appoint
a displaced employee to a vacant position with equivalent salary even if the
position has not been advertised.
While emphasis is on placement of permanent employees into
permanent positions, Health Employers may wish to consider trial placements of
displaced employees of equal priority for periods up to three months. This
would be done, for example, in circumstances where it is considered a displaced
employee, given access to appropriate training, may be suitable for appointment
to the position.
Health Employers are required to place details of excess
employees (classification/ experience but excluding name and age) on the NSW
Health Intranet "HealthJobs" site.
These details will allow human resources personnel to determine whether
or not an excess employee with the desired skills/experience is available for
redeployment to a vacant position.
2.2 Principles
Redeployment is a collaborative process between the:
• individual
employee;
• health
employer;
• prospective
employing health or other public sector employer; and
• Workforce
Management Centre, Premier’s Department (where appropriate).
Each party has a responsibility in the redeployment process,
with primary responsibility for redeployment resting with the individual and
the health employer.
Responsibilities:
Displaced employees are required to:
• make
themselves available to be considered for redeployment to a vacancy;
• accept
reasonable redeployment opportunities on equivalent salary; and
• undertake any
reasonable retraining at the employer’s expense.
Health Employers are required to:
• ensure that
Human Resources staff are fully briefed and equipped to disseminate information
to line managers and staff;
• provide
employees with written advice that they are displaced and, if appropriate,
excess; this advice should include their priority status to enable them to
apply for positions for which they possess the essential qualifications, skills
and experience;
• facilitate
and assist redeployment action;
• release
displaced employees as soon as practicable for redeployment opportunities, eg.
interviews, training, commencing a new position;
• assist with
reasonable costs involved in the displaced employee attending interview(s) for
positions where management considers a redeployment opportunity may exist; and
• meet
reasonable costs for retraining which facilitates redeployment either in The
public health system or elsewhere in the public sector.
As part of a coordinated redeployment approach assistance to
employees should include:
• access to
counselling that reasonably meets the needs of the individual concerned;
• access to
external counsellors who are appropriately accredited and qualified, for
personal and vocational matters. Where
appropriate, employees may be able to utilise the internal services of the
Health Employer, ie. staff counsellors, employee assistance schemes,
psychologists and social workers;
• advice on
determining vocational skills, aptitudes and interests;
• occupational information;
• career
transition retraining opportunities;
• assistance in
upgrading existing skills (which may include payment of fees, allowances, books
and equipment); and
• access to
assistance with job search (including resume preparation and interview skills).
There is no prescribed time limit during which an employee
must be redeployed. However, employees
will need to consider their circumstances in the context of the availability of
work, time limits for salary maintenance, direct transfer action and the
availability of voluntary redundancy.
Where a suitable temporary vacancy has been identified and a
displaced employee meets the essential criteria for the position, the employee
should be considered for placement in that position. This placement will have
no effect on an excess employee accessing salary maintenance beyond the period
of the temporary placement.
2.3 Priority of Employment
Excess employees seeking redeployment receive priority
consideration for appointment to vacant positions at an equivalent salary
within The public health system, or, if registered with the Workforce
Management Centre, Premier's Department, in other public sector organisations.
Priority of employment policy requires that employees be placed
in available vacancies with Health Employers if these employees satisfy all the
essential criteria for the positions.
This policy also requires the public health system and the Ambulance
Service to give preference in staff selections to employees who have Priority
One status and who were placed in lower paid positions.
Priority status does not apply to an excess employee who has
been directed to transfer to a suitable vacant position either within the same
Health Employer or between Public Health Organisations.
Excess employees within the public health system and the
Ambulance Service will continue to have access to the Priority of Employment
arrangements set out below or in accordance with any relevant industrial
instrument, whichever is overall more favourable to the employee.
2.3.1 Priority One
and Two - Public Health System and Ambulance Service
Excess employees seeking redeployment, who have evidence of
their Priority status, are required to demonstrate that they meet all essential
job criteria as prescribed in the position description. The selection between appointees with equal
priority is to be based on merit.
Any dispute involving the application of Priority status or
the placement of persons entitled to Priority One should be resolved through
the dispute settlement procedures prescribed by the award applicable to the
position.
Priority One
Every effort should be made to place excess employees with
Priority One in the same classification and grade as they previously occupied.
Employers are required to place employees with Priority One
status in suitable vacant positions which they propose to fill and which are of
equivalent salary, provided the employees can demonstrate in their applications
that they can meet the essential criteria advertised for the positions.
Priority One applies to each of the following:
(a) A hospital is
removed from Schedules 1, 2, or 3 of the Health Services Act because it is
closed or becomes a private hospital, its employees thus ceasing to be
employees of that hospital. Where this
occurs, such employees have Priority One for appointment to positions of equal
or lesser salary with other Health Employers for a period of 12 months from the
date of closure of the hospital or the hospital becoming private.
(b) Employees
who are surplus to the staffing requirements of their employer.
(c) Where a
private contractor successfully wins a tender to provide services to an
employer and engages employees of that employer previously engaged in providing
the services subject of the contract, Priority One shall extend to those
employees for a period of 12 months from the date of termination as an employee
of that employer.
Priority Two
An employee who had Priority One and has been appointed to
or placed in a position within his/her previous classification, but at a lower
salary or grade than that which applied to the employee prior to being
appointed or placed on Priority One, shall have Priority Two for positions of
the employee's previous substantive classification and salary. Priority Two shall continue until the
employee is permanently appointed to a position that attracts an equivalent or
higher salary than applied to the employee prior to him/her becoming excess.
2.4 Internal Redeployment
The responsibility for redeployment of displaced employees
rests, in the first instance, with the employing Health Employer’s Chief
Executive Officer, and then with other public health system Chief Executive
Officers.
All redeployment offers should be recorded by Health
Employers.
2.4.1 Matching
Displaced/Excess Employees against Advertised Vacancies
All displaced employees are to have access to
information regarding vacant positions throughout the public health system eg
"HealthJobs", and are to be provided with assistance in their
placement.
Health Employers are to take an active approach in
registering details of displaced/excess staff on the Displaced Employees site
on the HealthJobs page, and in matching any displaced/excess employee against
its own or other "HealthJobs" vacancies.
Prior to advertising a vacant position, the Human
Resources Manager and the relevant Line Manager are to review
"HealthJobs" to ascertain whether any displaced/excess employee may
be suitable to be placed in it.
Where a match occurs, the Health Employer with the
vacant position should contact the displaced/excess employee’s Health Employer
and make arrangements for the current job description of the position to be
provided to the displaced/excess employee, who should submit an Expression of
Interest and a priority interview is to be conducted as soon as possible.
Where a vacancy exists and it is considered that a
person with Priority One status (or an excess Departmental employee) can fill a
position, the matter should be discussed within or between Health Employer/s
and if agreed, the employee can be offered the position. If the Health Employer
with the vacancy disagrees with the suitability of an excess employee for the
position, the Human Resources Manager should refer the matter to the Chief
Executive Officer of the Health Employer where the vacancy exists for final
determination.
Where internal redeployment activities have been
unsuccessful and a match against the details of displaced/excess employees on
"HealthJobs" does not occur, the vacant position can then be
advertised.
Where a displaced/excess employee is not considered
suitable for placement, the Health Employer should provide meaningful work that
will assist in upgrading his/her skills and experience. All documentary evidence from assessment
panels in support of the decision should be retained until the displaced/excess
employee has been placed in a permanent position.
2.5 External Redeployment (to Other Public
Sector Organisations)
Displaced/excess employees often possess job skills
required by other public sector organisations and may be redeployed to another
public sector organisation. Slight pay
differentials (within 5% of salary or within one grade or to a lower salary)
are not an impediment.
2.5.1 Workforce
Management Centre (WMC) Redeployment Service, Premier's Department
External redeployment of public health system and
Ambulance Service employees to other public sector organisations (including the
Department), or of displaced/excess public sector employees to the public
health system or the Ambulance Service, is available through the Workforce
Management Centre.
Placement of excess employees between the Department
and public health organisations as defined under section 7 of the Health Services Act 1997 (that is, Area
Health Services, the New Children's Hospital and Corrections Health Service)
and the Ambulance Service of NSW, may occur without the involvement of the
Workforce Management Centre, Premiers Department. Redeployment within Health Services should be fully explored
prior to referring displaced/excess employees to the WMC.
Where redeployment of a displaced/excess employee
within the public health system is not possible and the employee has elected to
be redeployed outside the public health system and Ambulance Service, the
employer should forward a completed "Workforce Management Centre
Redeployment Registration Form" (Appendix A), together with a copy of the
employee’s employment history and relevant personal details, to the Manager,
Workforce Management Centre.
The WMC issues a regular list (via Premier's Circular)
to employers that gives classification and experience details of excess
employees.
Health employers are to take all reasonable steps to
assist other organisations to redeploy excess employees and cooperate in
redeploying employees as quickly as possible both within and across
organisations. This would include:
• excess
employees within the public sector should be considered before other applicants
for advertised vacancies;
• the criteria
are whether the employee meets the essential requirements for the position; and
can perform satisfactorily or is likely to perform satisfactorily in the
position in a reasonable period of time, given access to appropriate training.
The onus is on
the selecting organisation to show why the excess employee cannot meet the
criteria
• Where more
than one displaced/excess employee is seeking redeployment to the same vacancy,
selection is on merit.
• While
emphasis is on placement of employees into permanent positions, the WMC can
arrange immediate trial placements of excess employees for periods up to three
months, after which time the Health Employer may appoint them without the need
to advertise. If a placement is not
satisfactory to the Health Employer, the employee and the WMC must be informed
in writing that the trial is not satisfactory.
The employee then returns to the previous employer and the employee is
still eligible for other placements where these assist the employee’s chances
of ongoing redeployment to a position.
• The employee
and the WMC are to be advised of the employee’s progress on an agreed basis
during the trial period. This is to
ensure that appropriate training and/or development requirements for the
employee may be implemented, and the employee’s progress during the trial can
be properly monitored.
Section 3 - Transfer Provisions for Employees
3.1 General
Health Employers must ensure that the individual circumstances
of a displaced/excess employee are fully and compassionately considered.
Relocation may not be a viable option for all displaced/excess employees
because of the impact on their personal situation, eg family, studies etc.
3.2 Public
Sector Amendment (Mobility) Act 1996 (the Mobility Act)
The Mobility Act is the instrument that facilitates the
transfer of an employee's leave entitlements between the public health system,
the Ambulance Service, the Department of Health and other public sector
organisations, and in certain circumstances it also provides for the transfer
of funds relating to this leave, from one employer to the other. Such transfers require the approval of the
Director-General, Premier's Department (Refer also to the Public Sector Management Act, sections 100A to 100C).
The following arrangements apply to all transfers of
public sector employees into the public health system, as well as to transfers
between the Department of Health and Health Employers:
(a) Employees will
retain any accrued benefits under their original Industrial Instrument prior to
the transfer, subject to the provisions of Schedule 5A of the Public Sector Management Act 1988 and
NSW Health Circular 96/71 Public Sector Mobility. Such benefits will be recorded at the date of the transfer and
will not continue to accrue after the date of the transfer. The employee will
be permitted to access those entitlements subject to normal organisational
requirements. In certain circumstances,
for instance, in the case of major restructures involving the transfer of
employees with different conditions of employment, Premier's Department may
grant approval to transfer and accrue those conditions as existed prior to the
transfer.
(b) An employee
transferring from a public sector organisation to any part of the public health
system will be employed under the Award or industrial conditions of the
receiving organisation (ie Department or Health Employer) from the date of the
transfer, and will commence accruing rights and benefits under his/her new
employment arrangement from that date.
(c) An employee
transferring from the public health system or Ambulance Service, to another
public sector organisation will be employed under the conditions of the
relevant industrial instrument (including provisions relating to an employee's
entitlement to and payment of salary maintenance of the receiving organisation)
from the date of the transfer, and will commence accruing rights and benefits
accordingly from that date.
Prior to the transfer of excess employees to a position
within the public health system or public sector organisation:
(a) the affected
employee must be consulted and the Chief Executive Officer of the receiving
organisation must provide written agreement to the proposal. The Director-General, NSW Health Department
or Premier's Department (as appropriate) must also agree to the offer of
transfer to the vacant position at the salary level and conditions of
employment applicable to the vacant position;
(b) excess employees
are to be given priority for transfers ahead of displaced employees;
(c) excess
employees must satisfy the essential criteria required for the position to
which they are being transferred;
(d) transfers are
to be at the employee's existing level of remuneration; however, minor
differences in salary would not be an impediment, eg. within 5% of salary or
within one grade or to a lower salary.
NOTE: There is no process for an appeal to
the Government and Related Employees Appeal Tribunal against a transferred
employee in relation to transfers which involve a minor increase in salary
(within 5% of salary or within one grade or to a lower salary).
3.3 Health Services Act 1997 and Authority to
Direct a Transfer
[Note: This
Section does not apply to NSW Ambulance Service employees.]
The Health
Services Act 1997 (the Act), at Chapter 9, makes provision for the transfer
of employees between public health organisations as defined under section 7 of
the Health Services Act 1997 (that is,
Area Health Services, the New Children's Hospital and Corrections Health
Service).
• Section 116
of the Act sets out the provisions for the transfer of employees in the public
health system by the Health Administration Corporation (HAC) as follows.
• Section 116
(1) of the Act, provides that the Health Administration Corporation (HAC) may,
on the ground of redundancy, direct the transfer of an employee of a public
health organisation from one position in the public health system to another
position in the public health system at a salary in accordance with any general
determination made by it under section 115 (2). The Health Administration Corporation must be satisfied that the
provisions outlined in Section 116 (1) are met before the transfer is directed.
In accordance with section 116(1) of the Act, the HAC
may direct a transfer if:
(a) it is
satisfied that:
(i) the number of
persons who are employed by the organisation exceeds the number that appears to
be necessary for the effective, efficient and economical management of the
organisations functions and activities, either generally or at a particular
location; or
(ii) the mix of
skills or other expertise of the persons who are employed in the organisation
appears to be unsuitable for the effective, efficient and economical management
of the organisation’s functions and activities, either generally or at a
particular location;
(b) the
organisation that employs the employee has advised the HAC that the employee is
redundant;
(c) the employee possesses
the essential qualifications specified for the other position and the work
assigned to the other position is appropriate to the skills and qualifications
of the employee; and
(d) if an employee
is to be transferred to an affiliated health organisation - the affiliated
organisation has been consulted by the HAC as to the suitability of the
employee for employment within the organisation having regard to the health
care philosophy of the organisation. [Section 116 (1)]
• Section
116(2) of the Health Services Act
1997 states:
"If an employee refuses a transfer from one
organisation to another under Section 116 of the Act, the Health Service may
terminate the employee’s employment should the employee continue to decline the
transfer as directed by HAC. However,
the public health organisation may only do so if the HAC has certified, on
reasonable grounds, that the employee has no valid reason for refusing the
transfer."
• Section
116 (3) of the Health Services Act
1997 states:
"If the HAC considers that an employee has a valid
reason for refusing the transfer, the HAC may allow the employee to decline the
transfer without any prejudice to any rights the employee would have had to any
future promotion or appointment if the transfer had it not been declined."
• Section
116 (4) of the Health Services Act
1997 states:
"If an employee’s employment is terminated under
subsection (2) of the Act:
(a) the
termination of that employment is to be taken for all purposes not to have been
on the ground of redundancy, and
(b) no compensation
(whether for breach of contract or otherwise) is payable in respect of the
termination of the employee’s employment."
• Section 116
(5) of the Health Services Act 1997
refers to the operation of Industrial
Relations Act 1996 and states:
"Nothing in Section 116 affects the operation of
Part 6 (Unfair Dismissals) of Chapter 2 of the Industrial Relations Act 1996 in relation to any termination of
employment if:
(a) the
termination is based on a certificate given by the HAC under subsection (2)
that the employee concerned has no valid reason for refusing a transfer and
there are no reasonable grounds for it to so certify; or
(b) the termination
is not in accordance with any other requirement of this section."
3.4 Industrial Relations Act 1996
The Industrial
Relations Act 1996 enables certain employees specified in section 8 of the
Act to make an application to the Industrial Relations Commission in respect of
a claim that their dismissal or threatened dismissal from employment has been
or will be harsh, unreasonable or unjust.
3.5 Directed Transfer Appeal Procedure
Employees, who decline to accept a proposed transfer in
terms of S116 of the Act, may apply for a review to the Directed Transfer
Review Committee. The Review Committee
will recommend an appropriate course of action to the HAC thus allowing the HAC
to determine whether or not to direct a transfer under the Health Services Act 1997.
No appeal to the Review Committee will be necessary
where an employee refuses a proposed transfer requiring relocation of
residence.
Where the HAC accepts a recommendation by the Review
Committee not to transfer an employee, the Health Service is to ensure that the
redeployment process continues with the employee’s priority status remaining
unchanged.
Where the HAC certifies that no valid reason exists for
an employee to refuse a proposed transfer, and the HAC directs the transfer of
the employee, the Health Service may terminate the employee should the employee
continue to refuse the transfer.
3.5.1 the Directed Transfer Review Committee
Will meet on as required and comprise the Director,
Employee Relations Department of Health (the Convenor); a senior HR Manager
from the relevant Health Service; a relevant union representative and an
independent Chief Executive Officer (or his/her nominated Executive Officer)
from a Health Service not involved in the transfer;
The Convenor may call for additional committee members
or information where special circumstances of an employee’s employment
situation require further consideration;
Will review the circumstances surrounding the proposed
transfer on the basis of all relevant information, including all written
applications and will have full regard to the advertised essential criteria for
the position as well as the employee’s reasons for declining the proposed
transfer;
Will recommend an appropriate course of action to the
Director-General in his/her capacity as the HAC in order that he/she may
determine whether or not to direct a transfer under the Health Services Act 1997. The HAC decision will be final, but
subject to the Industrial Relations Act
1996; and
Will advise the employee and the relevant Health
Service in writing of the HAC decision within 10 working days of the
committee’s meeting date.
3.5.2 Lodging an Appeal Regarding a Directed
Transfer
Employees not wishing to accept a proposed transfer
will be required to:
• lodge their
review application with Human Resources Services, Employee Relations, NSW Health
Department, within 14 days of the date of formal advice of the proposed
transfer;
• notify the
Health Service in writing that they are lodging an application with the Review
Committee for review of a proposed transfer; and
• provide the
committee with an outline of the position to which the proposed transfer
applies (a current position description or copy of the advertisement), resume
(or CV) and reasons why the transfer is unreasonable, unfair or unjust.
Health Services will be required to:
• ensure that
the displaced/excess employee is fully conversant with the consequences of the
role of the Review Committee and possible outcomes of their application to
review the transfer;
• provide the displaced/excess
employee with meaningful work pending the outcome of the employee’s application
for review with the Review Committee; and
• provide a
brief detailing the background to and reasons for the proposed transfer of the
particular employee or group of employees if applicable.
3.5.3 Transfer Assistance
Where a displaced/excess employee is required to
relocate his/her residence as a result of accepting a directed transfer, he/she
may, prior to the transfer, submit a claim for reimbursement of reasonable
expenses to the Chief Executive Officer of the employing Health Service for
approval.
Section 4 - Salary Maintenance
4.1 Public
Health System/Ambulance Service Employees
Where displaced/excess Health Service or Ambulance
Service employees are redeployed to a position outside the public health system
or Ambulance Service which attracts a lower rate of pay, salary maintenance
provisions that applied with the Health Employer may not apply in the new
location.
The Government’s general policy on Managing Displaced
Employees states that where a displaced employee seeks and obtains permanent
redeployment in another NSW public sector organisation he/she is entitled to
salary maintenance of only 12 months from the date the employee is advised that
he/she is displaced.
Premier‘s Department reserves the right to give
approval for accruing rights or benefits to be retained upon transfer.
Nevertheless, wherever possible, a displaced/excess employee should be
redeployed to a position of equivalent grade or salary.
The Premier's Department has approved of the following
salary maintenance provisions applying to employees while they remain within
the public health system or the Ambulance Service:
4.1.1 For the
purposes of this Circular "salary" shall mean salary plus allowances
prescribed in the relevant industrial instrument to count as salary for
overtime, shift and public holiday penalties and for superannuation in the
nature of salary only. Any dispute as
to whether an allowance is an "allowance in the nature of salary"
should be forwarded to the Department's Employee Relations Division for
consideration, and if necessary, discussion with the appropriate union.
4.1.2 An employee
whose salary does not exceed the maximum rate payable from time to time for Grade
10, Administrative and Clerical Division of the NSW Public Service (currently
$65,019 per annum) and whose positions became redundant and who is subsequently
employed on a supernumerary basis or is appointed to a position carrying a
salary below his/her substantive rate is to retain his/her present salary
indefinitely. This includes all economic and non-economic benefits which refers
to all award, enterprise agreement or Department determined increases applying
to the salary point of the classification used for salary maintenance.
4.1.3 An Employee
whose salary exceeds the maximum rate payable from time to time for Grade 10,
Administrative and Clerical Division of the NSW Public Service (currently
$65,019 per annum) and whose position becomes redundant and who is subsequently
employed on a supernumerary basis or is appointed to a position carrying a
salary below his/her substantive rate is to retain his/her present salary for a
period of three (3) years, effective from the date the employee is declared in
writing to be excess to requirements or after the date of appointment,
whichever is the earlier. This includes all economic and non-economic benefits
which refers to all award, enterprise agreement or Department determined
increases applying to the salary point of the classification used for salary
maintenance.
At the end of this period and subject to 4.4 below, the
employee's salary will be reduced to the salary applicable to the position to
which he/she is appointed or placed or employed on a supernumerary basis.
4.1.4 If after
expiration of the period referred to in 4.3, the position (including a
supernumerary position) occupied by the employee at that time, has a salary prescribed
by an industrial instrument, which is less than the maximum rate for Grade 10
(Administrative and Clerical Division of the Public Service), the employee
shall be paid and continue to be paid indefinitely, a salary rate not less than
the maximum of Grade 10 (Administrative and Clerical Division of the NSW Public
Service).
4.1.5 The provisions
of 4.1, 4.2, 4.3, 4.4 above are also to apply to positions effectively
"downgraded" as a result of partial closure or other reorganisation
within a Health Service, and to persons seeking alternative employment
voluntarily, (as well as being placed by the various mechanisms available)
where their job has been declared redundant or there has been a change of
responsibility affecting the value of the job.
4.1.6 At the
completion of the 3-year salary maintenance period a displaced/ excess employee
can be directed to any vacant position, either permanently or temporarily,
which provides worthwhile and meaningful work and duties of which they are
capable of performing.
While displaced/excess employees remain entitled to
relevant, conditions of employment, such entitlements would not necessarily
extend to any special conditions (eg. use of a motor vehicle for private
purposes) which the employee may have enjoyed in the former deleted
position. However, if the employee is
redeployed to a position that has different conditions, then those conditions
will apply from the date of commencement in the new position.
Section 5 - Voluntary Redundancy
5.1 General
Voluntary redundancies are offered to individuals as a
result of their position no longer being required by the employer, and there
not being any likelihood of redeployment to another position within he public
health system.
Voluntary redundancy will be offered in cases where the
Health Employer, following consultation with the relevant unions, consider it
impracticable to retrain the displaced/excess employee for the purpose of
redeployment and the knowledge and skills of the employee in the deleted
position/job are not in demand.
Voluntary redundancy may be appropriate when:-
(a) a facility is
to close, and/or functions associated with the positions/jobs at a facility are
discontinued including situations in which the position/job is moved to a
substantially different work location, other than as a result of market testing
and contracting out; or
(b) restructuring
within an organisation has resulted in a loss of positions/jobs and no other
suitable positions are available.
• Voluntary
redundancy generally would only be offered in cases as outlined above. However,
in some special circumstances a more general program of voluntary redundancy
may be appropriate, given the numbers, occupations and locations of
positions/jobs affected by the changes.
• Displaced/excess
employees are to be advised of the range of services, and information sources
available to them to enable to make informed decisions regarding their future;
The services and information sources may include, but
are not limited to:
• counselling
services;
• information
on superannuation and financial entitlements;
• organisation
contacts;
• WMC
services; and
• relevant
union(s) contacts;
• If an offer
of voluntary redundancy is not accepted, displaced/excess employees must
participate in the public health system redeployment program.
• After
reasonable redeployment efforts have been made, the organisation should
consider the possibility of permanently exchanging positions/jobs between
excess/displaced employees who have declined voluntary redundancy and other
employees who are not affected, but who have indicated that they would accept
voluntary redundancy.
• Health
Employers are required to complete the form at Appendix B on a six monthly
basis and forward it to Human Resources Services, Employee Relations.
5.2 Approval to Offer Voluntary
Redundancy
Chief Executive Officers are delegated with authority
to formally offer employees voluntary redundancy, subject to the provisions in
Section 1.4.
5.3 Voluntary Redundancy Package
Employees who accept voluntary redundancy are entitled
to the following payments, at ordinary rates of pay:
• four
weeks notice or payment in lieu; and
• an additional
one week's notice or pay in lieu for employees aged 45 years and over with 5 or
more years of completed service; and
• pro rata
annual leave loading (or shift penalties, if applicable) in respect of leave
accrued at the date of termination; and
• accrued
annual leave loading.
Additional Severance Payment Component
All employees who accept voluntary redundancy and who
leave the organisation on or after 2 October 1997 are also entitled to
severance pay based on one period of continuous service at the rate of 3 weeks
per year of continuous service with a maximum of 39 weeks, with pro-rata
payments for incomplete years of service to be on a quarterly basis.
This formula applies irrespective of whether that
service was full-time, part-time or a combination of both. The calculation and
payment of service is treated in the same way in which long service leave is
calculated and paid, including the calculations that consist of combinations of
part-time/full-time service or vice versa and using only 13 years continuous
service, whichever period is the most advantageous to the employee;
Additional
Voluntary Redundancy Acceptance Payment
Those employees who accept an offer of voluntary
redundancy within 2 weeks of the offer being made, or with an extension of up
to 4 weeks at the discretion of the employer, and terminate employment within
the time nominated by the employer, will be entitled to the following
additional payment at employee's ordinary rate of pay:
• Less
than 1 year of service 2 weeks pay
• 1 year
and less than 2 years of service 4
weeks pay
• 2
years and less than 3 years of service: 6
weeks pay
• 3
years of service and over: 8 weeks pay
Superannuation
Benefit
In addition, employees accepting voluntary redundancy
may be entitled to the benefit allowable as a contributor to a retirement fund.
The State Superannuation Advisory Board (SAA) can be contacted on telephone
(02) 9238 5666 for further advice.
5.4 Determining Service for the Purposes of
Calculating Voluntary Redundancy Payments
5.41 Continuous Service
Under the provisions of Schedule 5A of Public Sector Management Act and 1988
continuous service in public sector organisations is recognised for voluntary
redundancy purposes, provided no previous redundancy payment has been made for
this service.
That schedule states that:
"Public Sector Service means:
(a) The
Public Service; or
(b) The
Education Teaching Service; or
(c) The
Police Service; or
(d) The
service of a declared authority or of a statutory body representing the Crown;
or
(e) The service of
either House of Parliament, or the President or Speaker, or the President and
Speaker; or
(f) Any
other service of the Crown; or
(g) The service of
an Area Health Service, Statutory Health Corporation or Affiliated Health
Organisation under the Health Services
Act 1997; or
(h) Repealed;
(i) The service
of any other person or body constituted by or under an Act or exercising public
functions (such as a State owned corporation), being a person or body that is
prescribed, or that is of a class prescribed, for the purposes of this
paragraph."
5.4.2 Service Regarded As Being Continuous
For the purpose of calculating the severance payment
component, an employee's service may be regarded as being 'continuous' where
the employee has accepted a new position with another public sector
organisation prior to resigning from their current employer, provided that any
period of leave or a break in service prior to taking up duty with the new
employer does not exceed 2 months.
5.4.3 Service Not Regarded As Continuous
In the case of redundancy, any break in public sector
employment, other than as prescribed in 5.4.2 above, is classed as a break in
service and therefore not deemed continuous for severance pay entitlements.
5.5 Effect of Leave Without Pay and Maternity
Leave in the Calculation of Severance Payments
Periods of unpaid maternity leave and leave without pay
are not considered a "break in service", although the period of such
leave is deducted from the total period of continuous service for the purpose
of calculating the amount payable. Paid
maternity leave counts as service for all forms of leave in calculation of
severance payments. Maternity leave on half pay is paid leave taken at a
reduced rate and counts as service on a pro-rata basis.
Leave without pay counts for service in the same
circumstances as for long service leave, as follows:
• employees
with less than 10 years' service: LWOP
will not be accepted as part of completed years of service;
• employees who
have completed at least 10 years' service: LWOP for periods not exceeding six
months taken after 1 January 1973 will be accepted as part of completed years
of service.
5.6 Taxation
To assist in the calculation of
taxation on voluntary redundancy payments, the following information is
provided:
(i) Unpaid Salary
Any unpaid salary is taxed at the employee/s normal
rate of tax.
(ii) Unused Annual Leave/Annual Leave Loading
Payment for any unused annual leave and annual leave
loading due (that is, any leave loading above the tax-free threshold of
$320.00) is taxed at the rate of 30% plus the Medicare levy (1.5%) for the
1999/2000 year rounded to the nearest 5 cents.
(iii) Long Service Leave
5% of the payment of long service leave accumulated
prior to 15 August 1978 is assessable at a flat rate of 30%.
100% of the payment of long service leave accumulated
after 15 August 1978 is taxed at 30% plus the Medicare levy (1.5%).
(iv) Severance Pay
The severance payment (ie. 3 weeks
for each year of service plus 4 weeks pay in lieu of notice plus up to 8 weeks
depending on years of service) portion of the bona fide redundancy payment is
tax-free up to a limit calculated according to years of service of the
employee.
The Taxation Office has advised
that the tax-free limit, in accordance with subsection 27A(20) of the Income Tax Assessment Act 1936, for
payments made in the financial year commencing 1 July 1999 is:
$4858+ $2,429 for each complete year of service.
This level is indexed each year in
line with movements in Average Weekly Ordinary Time Earnings.
If the bona fide redundancy
payment is more than the tax-free limit for the employee, the displaced/excess part
of the payment is taxed as an ETP (Refer to the Taxation Department Guide for
Employers "Eligible Termination Payments").
5.7 Training Assistance for Employees
Accepting Voluntary Redundancy
Employees accepting voluntary redundancy are entitled
to reasonable assistance in seeking alternative employment or additional
vocationally relevant knowledge and skills that are in demand in the broader
community. Health Services are responsible for advising employees who are
considering voluntary redundancy on how to access:
(a) counselling,
training and retraining services; and
(b) reimbursement
that is available for certain expenses incurred for these services.
However, it is to be expected that not all employees
taking a voluntary redundancy will access all of the available services.
Assistance provided under the voluntary redundancy
package includes:
• access to
counselling;
• access to
career transition, retraining opportunities and occupational information;
• advice on
access to professional assessment to assist in determining vocational skills,
aptitudes and interests;
• information
on programs to upgrade existing skills or acquire new skills, including
provision for payment of fees, training allowances, books and equipment;
• access to
assistance with job search, including reasonable time for job seeking, resume
preparation and interview skills before merit selection processes occur; and
• access to
assistance with trade/skill certification.
5.8 Reimbursement of Counselling and Training
Costs
From 1 July 1996 the Premier's Department devolved the
responsibility for the provision of counselling and training services to
individual agencies.
Subject to the production of receipts, Health Employers
are responsible for reimbursing employees who have accepted voluntary
redundancy for approved expenses associated with:
• vocational
and change management counselling, either in group or individual sessions;
• workshops or
individual assistance with job-seeking skills, interview techniques and resume preparation;
• reasonable
training to upgrade existing skills or acquire new skills, including courses
run by universities, TAFE colleges, community colleges and private providers;
• trade tools
required for alternative employment (when tools were previously provided by the
employing organisation);
• certification
eg trade tests and licensing;
• compulsory
membership fees related to course attendance, including student activity fees,
institution service and administration fees;
• compulsory
books and equipment;
• special
clothing or footwear if required for the training courses;
• fares: travel costs assessed as necessary to attend
training courses;
• assistance
with removal costs to gain employment;
• interpreting
services;
• child care as
required to enable the employee to attend training courses;
• out of pocket
expenses not covered in any of the above-mentioned categories; and
• special
needs, assessed on an individual basis.
Health Employers are encouraged to design individual
programs having regard to the items listed above. Employees accepting voluntary
redundancy may accumulate expenses for such items for a period of up to one
year from their last day of duty.
Reimbursement may be up to $5,000 per person subject to
agreement in writing of an individual action plan to be signed by both the
employer and employee. The agreement
should clearly indicate the training/retraining/equipment for which the
redundant employee will seek reimbursement.
Action plans can be changed only with the written
agreement of the Health Employer. Health Employers may, in special cases,
exercise discretion to pay for costs in advance upon production of appropriate
receipts.
5.9 Re-Employment Following Acceptance of
Voluntary Redundancy
Employees who receive severance payments under this
arrangement, are required to sign an undertaking that should they obtain
employment in any capacity (including employment in a temporary, part-time or
consultancy capacity) in the NSW Public Sector within the period to which the
severance payment applied, they will refund to the Public Sector organisation
that made the payment, that portion which applies to the period of
re-employment, prior to commencing employment with the Public Sector
organisation.
For example, where an employee has more than 13 years
continuous service they would be required to refund that part of the 39 weeks
plus the 8 weeks additional payment (not including the 4 weeks in lieu of
notice or payment in lieu) which is not exhausted at the time they return to
work in the NSW Public Sector. If such an employee received a severance payment
of 47 weeks (excluding the 4 weeks notice) and then obtained employment in the
NSW Public Sector 10 weeks after accepting voluntary redundancy, they would be
required to repay the balance, ie 37 weeks.
APPENDIX A
REGISTRATION NUMBER:
(WMC use only)
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PREMIERS DEPARTMENT
PUBLIC SECTOR
MANAGEMENT OFFICE
WORKFORCE MANAGEMENT CENTRE
REDEPLOYMENT - REGISTRATION FORM
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1. PERSONAL DETAILS
NAME: ____________________________ _____________________________
First Name Family Name
ADDRESS:
__________________________________________________________________
_____________________________________________________ POSTCODE: __________
TELEPHONE (W): _________________ (H) __________________
WORK FAX: ________________
GENDER (please circle): FEMALE MALE
EMPLOYER:
________________________________________________________________________
WORK ADDRESS: _____________________________________________ POSTCODE: _________
DATE DECLARED DISPLACED:
_____________________________________________
CLASSIFICATION AND GRADING (substantive):
___________________________ prior to commencing employment with the public
sector organisation _________________
SUBSTANTIVE SALARY (pa):
___________________________________________________________
EMPLOYEE STATUS (please circle): PERMANENT/TEMPORARY
2. REDEPLOYMENT PREFERENCES
(a) The
geographical locations you prefer to be redeployed to:
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Country Centres
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Metropolitan Centres
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(b) The type of
work you prefer being redeployed to:
____________________________________________________________________________
____________________________________________________________________________
(c) Whether you
are interested in redeployment to a permanent part-time position and hours/days
per week required:
____________________________________________________________________________
____________________________________________________________________________
3. QUALIFICATIONS,
SKILLS and EXPERIENCE
Please provide a brief summary of your major qualifications,
skills or work experience in the space provided below:
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SUMMARY OF
QUALIFICATION SKILLS AND EXPERIENCE
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I agree to the above qualifications, skills and experience
details being circulated to all public sector agencies for redeployment or
recruitment purposes.
Signature: _______________________________ Date: _________________
4. INFORMATION FOR STATISTICAL PURPOSES
The following information is required for statistical
purposes only.
DATE OF BIRTH: ______________________
Completion of the following section is voluntary. The information is required for statistical
purposes. It will remain confidential
to the Workforce Management Centre and will not be disclosed to prospective employers.
(Please Circle):
Are you a person from a racial, ethnic or ethno-religious
minority group? YES NO
Are you of Aboriginal or Torres Straight Islander descent? YES NO
Are you a person with a disability? YES NO
_________________________________________________________________________________
5. TO BE COMPLETED BY CHIEF EXECUTIVE
OFFICER OR APPROVED DELEGATE
I certify that the above information on
___________________________ is correct and this employee is available for
redeployment from __________________ and cannot be correctly transferred to other
alternative employment within this agency.
It is also confirmed that this employee is not subject to any
substandard or other performance issues.
SIGNATURE: __________________________ POSITION: ______________________
AGENCY: _______________________________________________________________________
ADDRESS:
_______________________________________________________________________
AGENCY CONTACT: _____________________ POSITION: _______________________
TELEPHONE NO: _______________________ FAX NO: _________________________
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AGENCY CHECKLIST
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FORWARD TO:
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1. Skills summary
completed:
2. If applicable,
Statement of special needs or restriction of type of work attached:
3. Registration
details checked:
4. Current resume
attached:
5. Signed by
CEO/Delegate and displaced employee:
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Workforce Management Centre
Level 23, Governor Macquarie
Tower
1 Farrer Place
SYDNEY NSW 2000
Telephone: 9228
4766
Fax:
9228 4059
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