NURSES, NON-GOVERNMENT SCHOOLS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1768 of 2004)
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Before Mr Deputy
President Grayson
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25 June 2004
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REVIEWED AWARD
PART A
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Transitional
Arrangements - Registered Nurse Incremental Scale
4. Casual and
Part-time Employees
5. Payment of
Salaries
6. Higher Grade Duty
7. Time Off Duty
8. Vacation Leave
9. Annual Leave
Loading
10. Long Service
Leave
11. Sick Leave
12. Definitions
12 Carer’s Leave
13. Catholic
Personal/Carer’s Leave
14. Bereavement
Leave
15. Bereavement
Leave (Catholic Standard)
16. Uniform and
Laundry Allowance
17. Accommodation
and Board
18. Termination of
Employment
19. Preservation of
Existing Rates
20. Right of Entry
21. Remuneration
Packaging
22. Leave Reserved
23. Disputes
Procedure
24. Anti-Discrimination
25. Labour
Flexibility
26. Superannuation
27. Area, Incidence
and Duration
PART B
Monetary Rates
Table 1 - Salaries
Table 2 - Other Rates
and Allowances
1. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have the respective meanings
assigned to them:
Board means the Nurses Registration Board of New South
Wales.
Registered Nurse means a person registered by the Board as
such.
Senior Nurse means a registered nurse appointed to be in
charge of one or more registered nurses.
Association means the New South Wales Nurses Association.
Service, for the purpose of clause 2, Salaries, means
service before or after the commencement of this award in New South Wales or
elsewhere as a registered nurse, general nurse, geriatric nurse, mental
retardation nurse, infants nurse, midwifery nurse, mothercraft nurse or
psychiatric nurse, as the case may be; provided that, following initial
registration as a general, mental retardation or psychiatric nurse, all
subsequent registered service shall count.
Provided that incremental salary progression for all
part-time and casual employees shall be on the basis of employees having
completed the equivalent of one year’s full-time employment on each step of the
scale, i.e., 1,982 hours. All paid leave shall count towards service.
2. Salaries
(i) The minimum
rate shall be as set out in Table 1 - Salaries, of Part B, Monetary Rates.
(ii) Provided that
the commencing rate of salary payable to a registered nurse who has obtained an
appropriate degree in Nursing or Applied Science (Nursing) or Health Studies
(Nursing) (referred to for the purposes of this award as a UG1 qualification)
shall be paid at the rate prescribed for the second year of service; and
provided further that a registered nurse who has obtained the said
qualification shall, on completion of the incremental scale noted herein, be
entitled to proceed in the next year of service to the rate prescribed for such
qualification in this award.
(iii) NOTE: Any
variation to the salaries prescribed by this award shall be calculated as
follows:
(a) The annual
salaries to be converted to a weekly rate, as prescribed in subclause (iv) of
clause 4, Casual and Part-time Employees.
(b) The variation,
whether a percentage or money sum, is to be applied to the weekly rates and the
result rounded to the nearest 10 cents, any amount less than 5 cents to be
disregarded.
(c) The final
result in paragraph (b) is to be multiplied by 52.142857, calculated to the
nearest dollar, to obtain the annual salaries of the award following the
variation.
3. Transitional
Arrangements - Registered Nurse Incremental Scale
(i) For the
purposes of this clause, transitional date means the first pay period
commencing on or after 1 January 1999.
(ii) The year of
service for the purpose of the incremental scale for a registered nurse
employed at the transitional date shall be determined by locating the
registered nurse’s current year of service on the incremental scale in Column A
of the Transitional Table in subclause (iv) of this clause. The registered
nurse’s incremental year of service shall be deemed to be the year of service
appearing opposite in Column B of the said Transitional Table. Provided that a
registered nurse with eight or more actual years of service shall be placed on
the eighth year of service in Column B of the Transitional Table.
(iii) Registered
nurses who commence employment with an employer after the transitional date
shall have their year of service determined as if they were employed by the
employer at the transitional date; that is, the transitional arrangements shall
apply to all periods of employment under this award which commence on or after
the transitional date.
(iv) Transitional
Table
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Column A
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Column B
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(Old incremental
scale)
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(New incremental
scale)
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First year of
service
|
First year of
service
|
|
Second year of
service
|
First year of
service
|
|
Third year of
service
|
Second year of
service
|
|
Fourth year of
service
|
Third year of
service
|
|
Fifth year of
service
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Fourth year of
service
|
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Sixth year of
service
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Fifth year of
service
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Seventh year of
service
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Sixth year of
service
|
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Eighth year of
service
|
Seventh year of
service
|
|
UG1
|
Eighth year of
service
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NOTE: For the purposes of the old incremental scale
only a registered nurse who has obtained an appropriate degree in Nursing or
Applied Science (Nursing) or Health Studies (Nursing (Referred to for the purposes
of this clause as a UGI qualifications) shall enter the incremental scale on
the second year of service.
(v) The year of
service determined by this clause shall be the year of service only for the
purposes of clause 2, Salaries. In particular, this clause shall not affect the
definition of service for the purposes of clauses 8, Vacation Leave; 11, Sick
Leave, or 10, Long Service Leave.
(vi) A registered
nurse’s anniversary date, for the purpose of moving to the next year of
service, is not affected by this clause.
4. Casual and
Part-Time Employees
(i)
(a) A casual nurse
means a registered nurse who is engaged and paid as such.
(b) A casual nurse
shall be paid on an hourly rate calculated on the basis of 1/38 of the appropriate
weekly rate prescribed by this award, plus 20 per cent, with a minimum payment
of four hours for each start and shall also be paid all fares reasonably and
actually incurred in travelling to and from work, provided that fares shall not
be reimbursed for any employee who had not been employed as a casual by the
employer on or prior to 31 August 1989.
From the first pay period to commence on or after 1 May
1999, casuals shall be paid on an hourly rate calculated on the basis of 1/38
of the appropriate weekly rate prescribed by this award, plus 20 per cent
(which shall include the entitlement to payment in respect of annual leave
under the Annual Holidays Act 1944), with a minimum payment of two hours
for each start and shall also be paid all fares reasonably and actually
incurred in travelling to and from work, provided that fares shall not be
reimbursed for any employee who had not been employed as a casual by the
employer on or prior to 31 August 1989.
(c) A casual shall
not be entitled to the benefit of any of the other provisions of this award,
except for clause 16, Uniform and Laundry Allowance, but shall be provided with
meals during working hours.
(ii)
(a) A part-time
nurse means a registered nurse who is engaged to work for not less than 25
hours per week, but for less than 38 hours per week.
(b) A part-time
nurse shall be paid an hourly rate calculated on the basis of 1/38 of the
appropriate weekly rate prescribed by this award, plus 10 per cent per hour,
with a minimum weekly payment for 25 hours. (For entitlement to payment in
respect of annual leave, see Annual Holidays Act 1944.)
(iii) A nurse,
other than a casual or part-time employee, who is engaged for a period of less
than 13 weeks shall be paid the appropriate weekly rate of salary prescribed by
this award, plus ten per cent thereof; provided that, if the employment of such
an employee extends beyond the period of his/her engagement, he/she shall be
paid, during such extended period, the appropriate weekly rate of salary prescribed
by this award; provided further, that if during such period of 13 weeks the
employer and the employee agree that the employee shall be employed on a
permanent basis this clause shall, therefore, cease to apply to such employee.
(iv) For the
purposes of this clause, appropriate weekly rate shall mean the rate obtained
by dividing the relevant annual rate for an employee as prescribed by clause 2,
Salaries, by 52.142857, calculated to the nearest ten cents, any amount less
than five cents to be disregarded.
5. Payment of
Salaries
(i) Casual
employees shall be paid upon the completion of each engagement.
(ii) Salaries
shall be paid weekly, fortnightly or monthly.
(iii) Employees may
have their salary paid into one account with a bank or other financial
institution of New South Wales as nominated by the employee. Salaries shall be
deposited by the employer in sufficient time to ensure that wages are available
for withdrawal by employees no later than pay day; provided that 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 employers making their deposits with
such financial institutions, but in such cases employers shall take reasonable
steps to ensure that the wages of such employees are available for withdrawal
by no later than pay day. Subject to adequate notice in writing on each occasion,
employees who are rostered off duty on pay day shall be entitled to have their
salary deposited before proceeding on their day or days off.
(iv) Where excess
payments are made in circumstances which were not apparent or could not
reasonably have been expected to be detected by the employee, the relevant
parties shall seek agreement on the matter of the overpayment, including, when
necessary and appropriate, discussion between the union and relevant employer
representatives.
6. Higher Grade Duty
An employee who is called upon to relieve an employee in a
higher classification and who satisfactorily performs the whole of the duties
and assumes the whole of the responsibilities of the higher classification
shall be entitled to receive, for the period of relief, the minimum salary
appropriate to such higher classification.
7. Time Off Duty
All employees shall be entitled to two days off duty each
week, or four days off duty each fortnight, at a time mutually convenient to
the employer and the employee. Such days off shall be consecutive, as far as is
practicable, unless the employee and the employer agree otherwise. The days
upon which days off are to be taken, once agreed between the employer and the
employee, shall not be changed without seven days notice being given by each
party.
8. Vacation Leave
(i) This clause
shall not apply to casual or part-time employees, who shall be entitled to
annual leave as prescribed by the Annual Holidays Act 1944.
(ii) Except as
hereinafter provided, an employee shall be allowed the vacation leave granted
to her/him by the school in which he/she is employed without deduction of pay;
provided that such leave shall not be less than nine weeks per year, in all of
which not less than six weeks shall be in one unbroken period during the
Christmas vacation.
(iii) If, after one
month’s continuous service in any qualifying 12-month period, an employee
terminates his/her employment or his/her employment is terminated by the
employer through no default of the employee, he/she shall be paid such
proportion of vacation leave as the number of completed months of his/her
service in that qualifying period of 12 months, less any amounts which have
been paid in respect of vacation leave already taken during such qualifying
period, bears to 52.
(iv) Any time in
respect of which an employee is absent from work, except time when he/she is
absent on sick leave or time spent on vacation leave, or public holidays when
the school is closed, shall not count for the purpose of determining his/her
right to annual leave.
9. Annual Leave
Loading
(i) In this
clause, the Annual Holidays Act 1944 is referred to as the Act .
(ii) Before an
employee, other than a casual employee, is given and takes his/her annual
holiday, or where, by agreement between the employer and employee, the annual
holiday is given an taken in more than one separate period, then before each of
such separate periods the employer shall pay the employee a loading determined
in accordance with this clause.
(iii) The loading
is payable in addition to the pay for the period of annual holiday given and
taken and due to the employee under the Act and this award.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the employee
becomes entitled under the Act and this award or, where such a holiday is given
and taken in separate periods, then in relation to each separate period;
provided that the loading shall only apply to the first four weeks of vacation
leave prescribed by subclause (ii) of clause 8, Vacation Leave, taken by an
employee after each qualifying period of service of 12 months.
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) of this clause at the rate of 17.5 per cent of the
appropriate ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
his/her annual holiday, but shall not include the amounts prescribed in clause
16, Uniform and Laundry Allowance.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such employee continues until the day when
he/she would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause (v) of this clause, applying the
award rates of wages payable on that day.
(vii) Where, in
accordance with the Act, the employer’s establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
(a) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (v) of this clause.
(b) An employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid, in addition to the amount payable to
him/her under the Act, such proportion of the loading that would have been
payable to him/her under this clause if he/she had become entitled to an annual
holiday prior to the close down as his/her qualifying period of employment in
completed weeks bears to 52.
(viii)
(a) Where the
employment of an employee is terminated by his/her employer for a cause other
than misconduct and at the time of the termination the employee has not been
given and has not taken the whole of an annual holiday to which he/she became
entitled, he/she shall be paid a loading calculated in accordance with
subclause (v) of this clause for the
period not taken.
(b) Except as
provided in paragraph (a) of this subclause, no loading is payable on the
termination of an employee’s employment.
10. Long Service
Leave
For entitlement to long service leave, see the Long
Service Leave Act 1955.
11. Sick Leave
An employee who, after not less than three months continuous
service in his/her current employment, is unable to attend for duty during the
employee’s ordinary working hours by reason of personal illness or incapacity
not due to the employee’s own serious and wilful misconduct, shall be entitled
to be paid at ordinary-time rates of pay for the time of such non-attendance,
subject to the following:
(i) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to workers’ compensation.
(ii) The employee shall,
as soon as reasonably practicable and in any case within 24 hours of
commencement of such absence, inform the employer of the employee’s inability
to attend for duty and, as far as possible, state the nature of the illness or
incapacity and the estimated duration of absence.
(iii) Other than in
respect of the first two days’ absence in respect of sickness in any year, an
employee shall, upon request, provide a medical certificate addressed to the
employer or, if the employer requires, to the school medical officer.
Notwithstanding the foregoing, the employer may require other evidence of
sickness.
(iv) The employee
shall, in respect of any year of continued employment, be entitled to paid sick
leave for five working days during the employee’s first year of service, eight
working days during the second year of service and ten working days during each
subsequent year of service. Any period of paid sick leave allowed by the
employer to an employee in any such year shall be deducted from the period of sick
leave which may be allowed or carried forward under this award in respect of
such year.
(v) The rights
under this clause shall accumulate from year to year so long as the employee’s
employment continues with the employer so that any part of five days in the
first year of service, eight days during the second year of service and ten
days in any subsequent year of service which has not been allowed in any year
may be claimed by the employee and shall be allowed by the employer, subject to
the conditions prescribed by this clause, in a subsequent year of such
continued employment.
(vi) For the
purposes of this clause, a year means a year of employment.
(vii) A part-time
employee shall be entitled to sick leave upon the same ratio as the number of
hours worked in each week bears to 38.
(viii)
(a) This clause
shall operate on and from 12 February 1991.
(b) Employees in
their first year of service at the operative date shall, subject to the
provisions of this clause, be entitled to five working days sick leave and
shall be further eligible for eight working days sick leave on the anniversary
of their employment.
(c) Employees in
their second year of service as at the operative date shall, subject to the
provisions of this clause, be entitled to eight working days sick leave and
shall be further eligible for ten working days sick leave on the anniversary of
their employment.
(d) Employees who
have completed more than one year of service at the operative date shall be
entitled to be credited with five days sick leave for each such year of service
completed prior to the said date, irrespective of any sick leave previously
taken.
12. Carer’s Leave
(i) Use of Sick
Leave -
(a) A full-time or
part-time employee with responsibilities in relation to a class of person as
set out in subparagraph (ii) of paragraph (c) of this subclause who needs the
employee's care and support shall be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement provided for at clause
11, Sick Leave, for absences to provide care and support for such persons when
they are ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required by the employer, establish either by production of a medical
certificate, statutory declaration, written statement or other evidence that
the person concerned is ill and requires care. In normal circumstances, an
employee shall not take carer's leave under this clause where another person
has taken leave to care for a person referred to in the said subparagraph (ii).
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) The employee
being responsible for the care and support of the person concerned; and
(ii) the person
concerned being:
(A) a member of the
employee's immediate family; or
(B) a member of the
employee's household.
The term "immediate family" includes:
(1) a spouse (including
former spouse, a de facto spouse and a former de facto spouse) of the employee.
A de facto spouse, in relation to a person, means 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 the person; and
(2) a child or adult
child (including an adopted child, a step child, a foster child or an
ex-nuptial child), a parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the employee or spouse of the employee.
(d) The employee
shall not be entitled to paid carer's leave unless he or she notifies the
Principal of the school (or a person deputised by the Principal) of the need
for carer's leave and the estimated period of absence at the first available
opportunity and, where possible, before the first organised activity at the
school on the day of absence. The employee will have sick leave credits
available to the extent of the leave to be taken.
(e) Notwithstanding
paragraph (a) of this subclause, a part-time employee is only entitled to an
amount of carer's leave in the same proportion the hours of a part-time
employee bears to 38 hours.
(f) Any carer's
leave taken in accordance with this clause shall be deducted from the sick
leave entitlement of the employee.
(ii) Unpaid Leave
- An employee may elect, with the consent of the employer, to take unpaid leave
for the purpose of providing care and support to a class of person as set out
in subparagraph (ii) of paragraph (c) of subclause (i) of this clause, who is
ill.
(iii) Annual Leave
-
(a) To give effect
to this clause, but subject to the Annual Holidays Act 1944, an employee
may elect, with the consent of the employer, to take annual leave not exceeding
five days in any calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of annual leave loading in respect of
single day absences, until at least five annual leave days are taken.
13. Catholic
Personal/Carer's Leave
This clause only applies to employees who are employed under
this award by a body which has been established by the Catholic Church to
propagate religion, excepting employees employed by Chevalier College, Bowral;
Kincoppal, Rose Bay; and, Loretto, Kirribilli. Where this clause applies,
clause 12, Carer’s Leave, shall not apply.
(i) Use of Sick
Leave to Provide Care and Support for a Family Member -
(a) An employee,
other than a casual employee, with responsibilities in relation to a family
member as set out in subparagraph (ii) of paragraph (c) of this subclause, who
needs the employee's care and support shall be entitled to use, in any year, in
accordance with this subclause, any current or accrued sick leave entitlement,
provided for at clause 11, Sick Leave, for absences to provide care and support
for such persons when they are ill. Such leave may be taken for part of a
single day.
(b) If required,
the employee shall establish the illness of the person concerned either by
production of a medical certificate, statutory declaration, written statement
or other evidence and that the illness is such as to require care and support
by the employee. An employee is not entitled to family leave under this
subclause where another person has taken leave to care for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) The employee
being responsible for the care of the person concerned; and
(ii) the family
member being a parent, step-parent, spouse, grandchild, sibling, grandparent,
child, step-child, foster child, adopted child and foster parent of the
employee or spouse.
(ii) Use of Sick
Leave for a Pressing Domestic Necessity -
(a) Subject to
paragraph (c) of this subclause, for the purposes of this clause "pressing
domestic necessity" means any reason at the discretion of the employer,
provided that such discretion is not unreasonably withheld and is exercised so
as not to contravene any applicable provisions of the Anti-Discrimination
Act 1977.
(b) An employee,
other than a casual employee, with sick leave credits may apply to utilise such
credits up to five of any current or accrued sick leave entitlement days in any
one year of the employee's service, for any pressing domestic necessity other
than to care for or support a person as defined in subparagraph (ii) of
paragraph (c) of subclause (i) of this clause.
(c) Where an
employee, other than a casual employee, is not entitled to utilise sick leave credits pursuant to paragraph (a)
of subclause (i) of this clause, he or she may access any current or accrued sick
leave for any pressing domestic necessity, where the employee is responsible
for the care or support of a person not referred to in the said subparagraph
(ii).
(d) The yearly
entitlement for the purpose of pressing domestic necessity as set out in paragraph
(b) of this subclause, is non-cumulative.
(e) If required,
an employee shall provide a written statement or other evidence supporting the
application for personal/ carer's leave for the purpose of pressing domestic
necessity.
(iii) Notification
of Intention to Take Leave - In relation to subclauses (i) and (ii) of this
clause, wherever practicable, an employee shall give the employer notice prior
to the absence of the intention to take leave. The employee shall also provide
the name of the person requiring care, that person's relationship to the
employee, the nature of any pressing domestic necessity, 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.
(iv) Unpaid Leave
for Family Purpose - With the consent of the employer, an employee may elect to
take unpaid leave for the purpose of providing care and support to a person
referred to in subparagraph (ii) of paragraph (c) of subclause (i) or paragraph
(c) of subclause (ii) of this clause, who is ill.
(v) Annual Leave -
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take 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.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) 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.
14. Bereavement Leave
Upon the death within Australia of an employee’s husband or
wife (including de facto husband or de facto wife), parent, child (including
stepchild or ward), brother or sister, mother-in-law or father-in-law, the
employee shall be entitled, upon notice, to leave of absence for two working
days. Proof of death of the relative shall lie upon the employee.
Bereavement leave shall be available to an employee in
respect of the death of a member of the employee’s immediate family or
household as defined in clause 12, Carer’s Leave.
An employee shall not be entitled to bereavement leave under
this clause during any period in respect of which the employee has been granted
other leave.
Bereavement leave may be taken in conjunction with other
leave available under subclauses (ii) and (iii) of the said clause 12. In
determining such a request the employer will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the school.
15. Bereavement Leave
(Catholic Standard)
This clause only applies to employees who are employed under
this award by a body which has been established by the Catholic Church to
propagate religion, excepting employees employed by Chevalier College, Bowral;
Kincoppal, Rose Bay; and Loretto, Kirribilli. Where this clause applies, clause
14, Bereavement Leave, shall not apply.
(a) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person as
prescribed in subclause (c) of this clause.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person in
relation to whom the employee could have utilised Catholic Personal/Carer's
Leave, provided that for the purpose of bereavement leave, the employee need
not have been responsible for the care of the person concerned.
(d) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(e) Bereavement
leave may be taken in conjunction with other leave available in clause 13,
Catholic Personal/Carer's Leave. Where such other available leave is to be
taken in conjunction with bereavement leave, consideration will be given to the
circumstances of the employee and the reasonable operational requirements of
the employer.
16. Uniform and
Laundry Allowance
(i) Where an
employee is required or permitted to wear a uniform, such uniform shall be
provided by the employer. In lieu of providing a uniform an employer may elect
to pay the sum as set out in Item 1 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates, except during the period of annual leave.
(ii) Where
uniforms are not laundered at the employer’s expense, an allowance as set out
in item 2 of the said Table 2 shall be paid to the employee.
(iii) Uniforms, for
the purpose of this clause, shall be sufficient, suitable and of a recognised
serviceable standard for the performance of nursing duties.
(iv) Where the
employer requires any employee to wear headgear, it shall be provided and
laundered by the employer free of charge.
(v) Casual and
part-time employees shall be paid the allowances under subclauses (i) and (ii)
of this clause on a pro rata basis, calculated on the ratio that the number of
hours worked by the employee bears to 38 per week.
17. Accommodation and
Board
(i) Where full
board and lodging of seven days per week is provided for a nurse, the employer
shall be entitled to deduct from the salary of the nurse the amount set out in
Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for
board and the amount set out in Item 4 of the said Table 2 for lodging.
(ii) When a nurse who
is living out is provided with meals by the employer, a deduction at the rate
of 1/21 of the value of board for each such meal may be made by the employer.
(iii) When the
building of a structure is commenced or a building acquired subsequent to the
commencement of this award for the purpose of either solely or inter alia of
providing lodging for a nurse in accordance with this clause, such lodging
shall consist of not less than a private bedroom for the sole use of the nurse,
and a bathroom and toilet for use by the nurse, and not more than three other
members of the staff and the provision
of a common sitting room for use by all members of the staff.
18. Termination of
Employment
(i) A new
employee may be appointed by the employer, with notice in writing, on a
probationary basis for a period not exceeding four weeks.
(ii) During the
first six months of employment termination shall be by two weeks notice on
either side or the payment or forfeiture of two weeks salary, as the case may
be, in lieu of notice.
For the purpose of this subclause service shall be
deemed to be continuous, notwithstanding absence from employment on school
vacation leave or school holidays or on account of sickness.
(iii) After the
first six months of continuous employment, the services of an employee may be
terminated by either side giving four school weeks notice or the payment or
forfeiture, as the case may be, of four weeks salary in lieu of notice.
(iv) Notwithstanding the provisions of subclauses (ii) and (iii)
of this clause, an employee may be dismissed at any time for serious misconduct
or refusal of duty.
19. Preservation of
Existing Rates
This award is made on the understanding that the salaries
existing for employees at the date on which this award takes effect shall not
be reduced merely as a consequence of the coming into operation of this award.
20. Right of Entry
See Section 296-298 of the
Industrial Relations Act 1996.
21. Remuneration
Packaging
(i) This clause
shall apply to those individual schools wishing to facilitate the provision of
salary and benefit packages to individual members of staff covered by this
award.
(ii) For the
purpose of this clause:
(a) Benefits means
the benefits nominated by the nurse from the benefits provided by the school
and listed in paragraph (c) of subclause (iv) of this clause.
(b) Benefit Value
means the amount specified by the school as the cost to the school of the
benefit provided, including fringe benefit tax, if any.
(c) Fringe Benefit
Tax means tax imposed by the Fringe Benefits Tax Act 1986.
(iii) Conditions
of Employment - Except as provided by this clause, nurses must be employed at a
salary based on a rate of pay, and otherwise on terms and conditions not less
than those prescribed by this award.
(iv) Salary
Packaging - The school may offer to provide, and the nurse may agree in writing
to accept:
(a) the benefits
nominated by the nurse; and
(b) a salary equal
to the difference between the benefit value and the salary which would have
applied to the nurse under subclause (iii) of this clause, in the absence of an
agreement under this clause.
(c) the available
benefits are those made available by the school from the
following list:
(1) superannuation;
(2) other benefits
offered by the school.
(d) The school must
advise the nurse in writing of the benefit value before the agreement is
entered into.
(v) During the
currency of an agreement under subclause (iv) of this clause:
(a) Any nurse who
takes paid leave on full pay shall receive the benefits and salary referred to
in paragraphs (a) and (b) of subclause (iv) of this clause.
(b) If a nurse
takes leave without pay, the nurse will not be entitled to any benefits during
the period of leave.
(c) If a nurse takes
leave on less than full pay, he/she shall receive:
(1) the benefits;
and
(2) an amount of
salary calculated by applying the formula:
A = S x P% -
((100% - P%) x B)
where:
|
S
|
=
|
the salary determined by
paragraph (b) of subclause
|
|
P
|
=
|
the percentage of salary
payable during the above
|
|
B
|
=
|
benefit value.
|
|
A
|
=
|
amount of salary.
|
(d) Any other
payment under this award calculated by reference to the nurse’s salary, however
described, and payable:
(1) during employment;
or
(2) on termination
of employment in respect of untaken paid leave; or
(3) on death,
shall be at the rate of pay which would have applied to the nurse under
subclause (iii) of this clause, in the
absence of an agreement under paragraphs
(a) and (b) of subclause (iv) of this clause.
22. Leave Reserved
(i) Leave is
reserved to the Association to apply:
(a) as it may be
advised following any change in rates of pay in the Public Hospital Nurses (State)
Award published 5 September 1997 (300 I.G. 1033), as varied, where there is a
similarity between an altered provision in the said award and this award and
with respect to maternity leave, paternity leave, disaster leave and the
quantum of bereavement leave;
(b) in respect of
salaries and allowances;
(c) in respect
of shift and weekend penalties for
part-time and casual employees.
(ii) Leave is
reserved to employer representatives in respect of vacation leave.
23. Disputes
Procedure
It is an intention of the parties to this award to eliminate
disputes which result in stoppages, bans or limitations, and it is agreed that
the parties to this award shall confer in good faith with a view to resolving
the matter by direct negotiation and consultation.
The parties further agree that, subject to the provisions of
the Industrial Relations Act 1996, all grievances, claims or disputes
shall be dealt with in the following manner so as to ensure the orderly
settlement of the matters in question:
(i) Any grievance
or dispute which arises shall, where possible, be settled by discussion on the
job between the employee and the immediate supervisor.
(ii) If the matter
is not resolved at this level, the matter will be further discussed between the
affected employee, the union representative and the supervisor or manager of
the relevant section or department, and the employer’s industrial
representative shall be notified.
(iii) If no
agreement is reached, the union representative will discuss the matter with the
company’s nominated industrial relations representative.
(iv) Whilst the
foregoing procedure is being followed work shall continue normally. No party
shall be prejudiced as to the final settlement by the continuance of work in
accordance with this subclause.
(v) Should the
matter still not be resolved it may be referred by these parties to the
Industrial Relations Commission of New South Wales for settlement.
(vi) This clause
shall not apply to any dispute as to a bona fide safety issue.
24. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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".
25. Labour
Flexibility
(i) An employer
may direct an employee to carry out such duties as are reasonable and within
the limits of the employee‘s skill, competence and training consistent with the
employee’s classification grouping.
(ii) Any direction
issued by an employer pursuant to subclause (i) of this clause shall be
consistent with the employer’s responsibilities to provide a safe and healthy
working environment.
26. Superannuation
(i) Definitions
For the purpose of this clause:
(a) "Employee"
means an employee employed by the employer to whom this award applies.
(b) "Employer"
means the employer of an employee to whom this award applies.
(c) "Funds"
means either:
(1) the New South
Wales Non-Government Schools Superannuation Fund, or
(2) any other
superannuation fund approved in accordance with the commonwealth operational
standards for occupational superannuation funds which the employee is eligible
to join and which is approved by the employer as a fund into which an employee
of that employer may elect to have the employer pay contributions made pursuant
to this award in respect of that employee including any Catholic diocesan
superannuation fund existing as at the date of this award which is approved in
accordance with the standards and is approved by the employer.
(d) "Basic
earnings" shall mean the weekly or hourly rate of pay prescribed for the
employee by this award including the following:
(i) Payment for
ordinary hours of work.
(ii) Any
percentage addition payable to casual employees for ordinary hours of work.
(iii) Any
percentage addition payable to a temporary full-time employee engaged for less than
13 weeks.
(iv) Overaward
payments for ordinary hours of work.
(ii) Fund
The New South Wales Non-Government Schools
Superannuation Fund shall be made available by each employer to each employee.
(iii) Benefits
(a) Except as
provided in paragraphs (c), (d) and (f) of this subclause, each employer shall,
in respect of each employee employed by it, pay contributions into a fund to
which the employee is eligible to belong and, if the employee is eligible to
belong to more than one fund, the fund nominated by the employee, at the rate
of three per cent of the employee’s basic earnings.
(b) Subject to
paragraph (d) of this subclause, contributions shall be paid at intervals and
in accordance with procedures and subject to the requirements prescribed by the
relevant fund or as trustees of the fund may reasonably determine.
(c) An employer
shall not be required to make contributions pursuant to this award in respect
of an employee in respect of a period when that employee is absent from his or
her employment without pay.
(d) Contributions
shall commence to be paid from the beginning of the first pay period commencing
on or after the employee’s date of engagement.
(e) The employee
shall advise the employer in writing of the employee’s application to join a
fund pursuant to this award. Where no such nomination is made before any such
contributions become payable, the said contributions referred to in paragraph
(a) of this subclause will be paid to the approved fund for that place of
employment.
(f) An employer
shall make contributions pursuant to this award in respect of:
(1) casual
employees who earn in excess of $2,000.00 during their employment with that
employer in the course of any year, running from 1 July to the following 30
June (all such casual employees are hereinafter called "qualified
employees"); and
(2) qualified
employees in each ensuing year of employment with that employer.
Such contributions shall be made in respect of all days
worked by the employee for the employer during that year and shall be paid by
the employer to the relevant fund at the time of the issue to the employee of
his or her annual group certificate.
(g) Where an
employer approves a fund, other than the Non-Government Schools Superannuation Fund,
as one to which the employer will pay contributions in respect of its employees
or a class or classes of such employees the employer shall notify its employees
of such approval.
(h) When a new
employee commences in employment, the employer shall advise the employee in
writing of the employee’s entitlements under this award within two weeks of the
date of commencement of employment and also of the provisions of paragraph (d)
of this subclause in the case of a full-time or part-time employee and paragraph
(f) of this subclause in the case of a casual employee.
(iv) Transfers
Between Funds
If an employee is eligible to belong to more than one
fund, the employee shall be entitled to notify the employer that the employee
wishes the employer to pay contributions in respect of the employee to a new
fund but shall not be entitled to do so within one year after the notification
made by the employee pursuant to paragraph (e) of subclause (iii), Benefits, of
this clause or within one year after the last notification made by the employee
pursuant to this subclause. The employer shall only be obliged to make such
contributions to the new fund where the employer has been advised in writing:
(i) of the
employee’s application to join the other fund; and
(ii) that the
employee has notified the trustees of the employee’s former fund that the
employee no longer wishes the contributions which are paid on the employee’s
behalf to be paid to that fund.
(v) Superannuation
Legislation
The subject of superannuation is dealt with extensively
by federal legislation including the Superannuation Guarantee
(Administration) Act 1992, the Superannuation Guarantee Charge Act
1992 the Superannuation Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and s124 of the Industrial Relations
Act 1996 (NSW). This legislation, as varied from time to time, shall govern
the superannuation rights and obligations of the parties.
27. Area, Incidence
and Duration
(i) This award
rescinds and replaces the Nurses, Non-Government Schools (State) Award
published 9 July 1999 (309 I.G. 1096), as varied.
(ii) It shall
apply to persons employed as registered nurses and senior nurses as herein
defined by all non-Government schools within the State of New South Wales within
the jurisdiction of the Trained Nurses, &c., Other Than In Hospitals,
&c. (State) Industrial Committee, excepting:
(a) persons
employed in schools in the County of Yancowinna; and
(b) persons
employed in establishments licensed under the Children (Care and Protection)
Act 1987.
(iii) This award
shall take effect in respect of Table 1 - Salaries, of Part B, Monetary Rates,
from the beginning of the first pay period to commence on or after 1 December
2000 and, in respect of -
and in all other respects on and from 1 October 1998.
(iv) This award
shall remain in force until 31 December 2000 and thereafter until further order
of the Industrial Relations Commission
of New South Wales.
(v) The changes
made to the Award pursuant to the Award Review under section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles of Review of Awards
made by the Industrial Relations Commisssion of New South Wales on 18 December
1998 (308 IG 307) take effect on 25 June 2004.
This award remains in force
until varied or rescinded, the period for which it was made having already
expired.
Part B
MONETARY RATES
Basic Wage For
Adult: $121.40 Per Week
Table 1 - Salaries
|
|
Column 5
|
|
|
|
|
Classification
|
1.12.2000
|
|
|
per annum
|
|
|
$
|
|
Registered Nurse -
|
|
|
1st year of service
|
30,571.00
|
|
2nd year of service
|
32,130.00
|
|
3rd year of service
|
33,684.00
|
|
4th year of service
|
35,342.00
|
|
5th year of service
|
36,995.00
|
|
6th year of service
|
38,643.00
|
|
7th year of service
|
40,541.00
|
|
8th year of service
|
42,116.00
|
|
UG1 Qualification
|
-
|
|
|
|
|
Senior Nurse
|
47,835.00
|
Table 2 - Other
Rates and Allowances
|
Item No
|
Clause No
|
Description
|
Amount
|
|
|
|
|
$
|
|
1
|
16(i)
|
Uniform Allowance
|
259.20 per annum
|
|
|
|
- Uniforms
|
5.40 per week
|
|
|
|
|
|
|
|
|
- Stockings
|
127.68 per annum
|
|
|
|
|
2.66 per week
|
|
|
|
|
|
|
2
|
16(ii)
|
Uniform Allowance
|
4.13 per week
|
|
|
|
- Laundry
|
|
|
|
|
|
|
|
3
|
17(i)
|
Accommodation and Board
|
35.00 per week
|
|
|
|
|
|
|
4
|
17(i)
|
Accommodation and Board
|
15.00 per week
|
|
|
|
|
|
J. P. GRAYSON D.P.
____________________
Printed by the
authority of the Industrial Registrar.