NURSES,
&c., OTHER THAN IN HOSPITALS, &c. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of award pursuant to Section 19 of the Industrial Act
1996.
(No. IRC 2470 of
1999)
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Before the Honourable Justice Kavanagh
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12 October 2000
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REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
10. Annual
Leave
11. Annual
Leave Loading
22. Anti
Discrimination
26. Area
Incidence and Duration
20. Bereavement
Leave
25. Consultative
Mechanism
1. Definitions
21. Grievance
and Dispute Settlement Procedure
9. Holidays
2. Hours of Work
23. Labour
Flexibility
12. Long
Service Leave
3. Meal Hours and Meal Allowances
24. No Extra
Claims
6. On Call
7. Overtime
5. Part-time and Casual Employees
16. Payment of
Salary
19. Right of
Entry
4. Salaries
8. Saturday, Sunday and Holiday Rates of
Pay
13. Sick Leave
14. State
Personal/Carer’s Leave Case - August 1996
15. Termination
of Employment
17. Uniform
and Laundry Allowance
18. Vehicle
Allowance
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates
and Allowances
PART A
1. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have the respective meanings
assigned to them:
(i) "Board"
means the Nurses' Registration Board of New South Wales, appointed under the
provisions of the Nurses' Act 1991.
(ii) "Association"
means the New South Wales Nurses' Association.
(iii) "Day
Worker" For the purposes of this Award, a day worker shall mean a person
engaged to work day work Monday to Friday inclusive.
(iv) "Registered
Nurse" means a person registered by the Board as a general nurse.
(v) An
"Enrolled Nurse" means a person enrolled by the Board as such.
(vi) "Infant's
Nurse" means a person registered by the Board as an Infant's nurse.
(vii) "Mothercraft
Nurse" means a person enrolled by the Board as an Enrolled Nurse
(Mothercraft).
(viii) "Assistant
in Nursing" means a person, other than a Registered Nurse, Enrolled Nurse,
Infant's Nurse, or a Mothercraft Nurse, who is principally employed in nursing
duties.
(ix) "Service",
for the purpose of clause 4, Salaries, means service before or after the
commencement of this award in New South Wales or elsewhere as a Registered
Nurse, Mothercraft Nurse, Infants' Nurse, Enrolled Nurse or Assistant in
Nursing, as the case may be.
(x) "Shift
worker" means a person who is not a day worker as defined.
2. Hours of Work
(i) Ordinary
hours of work shall be an average of 38 per week.
(ii) The
arrangement of the 38 hour week may be any one of the following:
(a) by employees
working less than 8 ordinary hours each day; or
(b) by employee
working less than 8 ordinary hours on one or more days each week; or
(c) by fixing one
weekday on which all employees will be off during a particular work cycle; or
(d) by rostering
employees off on various days of the week during a particular work cycle so
that each employee has one week day off during that cycle.
(e) circumstances
may arise where different method of implementation of a 38-hour week apply to
various groups or sections of employees in the plant or establishment
concerned.
Notwithstanding any other provision of this award, the
employer and the majority of employees concerned may agree that the ordinary
hours may exceed 8 hours per day, thus enabling time off to be taken more
frequently than would otherwise apply.
(iii) The
arrangement of the 38 hour week may be varied by agreement between the employer
and the employee(s) concerned.
(iv) Where
agreement cannot be reached the Grievance and Disputes Settling Procedure as
set out in clause 21 shall apply.
(v) Day Workers -
the ordinary hours of work for day workers shall not exceed 38 hours per week
to be worked between the hours of 7.00 am and 7.00 pm in five days of not more
than eight hours, Monday to Friday, inclusive and shall be consecutive except
for breaks for meals.
(vi) Shift Workers
- the ordinary hours of shift workers shall not exceed:
(a) 38 hours per
week; or
(b) 76 hours per
fortnight; or
(c) 114 hours in
twenty one consecutive days; or
(d) 152 hours in
twenty-eight consecutive days;
(e) Except at
regular change over of shifts an employee shall not be required to work more
than one shift in each twenty-four hours without payment of overtime as
prescribed in clause 7 Overtime of this award.
(f) The ordinary
hours of shift workers shall be worked continuously except for meal breaks.
(vii) Shift
allowances:
(a) Employees
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift; provided that part time workers
shall only be entitled to the additional rates where their shifts commence
prior to 6.00am or finish subsequent to 6.00pm.
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Afternoon shift commencing at 10.00 am and before 1.00 pm
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10%
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Afternoon shift commencing at 1.00 pm and before 4.00 pm
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12.5%
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Night shift commencing at 4.00 pm and before 4.00 am
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15%
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Night shift commencing at 4.00 am and before 6.00 am
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10%
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(b) "Ordinary
rate" and "ordinary time" shall not include any percentage addition
by reason of the fact that an employee is a part time or casual employee.
(c) For the
purposes of this clause, day, afternoon and night shifts shall be defined as
follows:
"Day shift" means a shift which commences at
or after 6.00 am and before 10.00 am.
"Afternoon shift" means a shift which
commences at or after 10.00am and before 4.00pm.
"Night shift" means a shift which commences
at or after 4.00pm and before 6.00am on the day following.
(viii) Notice of days
off: Except as provided in (ix) and (x) hereof, in cases where by virtue of the
arrangement of his/her ordinary hours, an employee, in accordance with
paragraph (c) and (d) of subclause (ii), is entitled to a day off during
his/her work cycle, such employee shall be advised by the employer at least
four weeks in advance of the weekday he/she is to take off; provided that a
lesser period of notice may be agreed by the employer and the majority of
employees in the workplace or section or sections concerned.
(ix) Substitute
days:
(a) An employer,
with the agreement of the majority of employees concerned, may substitute the
day an employee is to take off in accordance with paragraphs (c) and (d) of
subclause (ii) for another day in the case of a breakdown in machinery or
failure or shortage of electric power or to meet the requirements of the
business in the event of rush orders or some other emergency situation.
(b) An individual
employee, with the agreement of his/her employer, may substitute the day he/she
is to take off for another day.
(x) Flexibility in
relation to rostered days off - Notwithstanding any other provisions in this
clause, where the hours of work of an establishment, plant or section are
organised in accordance with paragraphs (c) and (d) of subclause (ii) an
employer, the union or unions concerned and the majority of employees in the
establishment, plant, section or sections concerned may agree to accrue up to a
maximum of five (5) rostered days off in special circumstances such as where
there are regular and substantial fluctuations in production requirements in
any year.
(xi) It is a
condition of this award that no employee employed on or before 24th September,
1992 shall suffer any loss of earnings as a result of the extension of ordinary
hours from 8.00 am - 6.00 pm to 7.00 am - 7.00pm.
3. Meal Hours and
Meal Allowances
(i) No employee
shall be required to work for more than five hours without a break for a meal
of not less than 30 minutes and not more than one hour.
(ii) One interval
of ten minutes (in addition to meal breaks) shall be allowed to each employee
on duty for light refreshments each morning, afternoon and night shift. Such interval shall be paid for as such.
(iii) An employee
required to curtail the time prescribed herein for a meal break shall be paid
at the rate of time and a half for all such curtailed periods.
(iv) An employee
required to work overtime for more than one and a half hours after his/her
usual ceasing time of duty shall be supplied with a meal, free of cost, or
shall be paid the amount set out in Item 1, of Table 2, of Part B.
4. Salaries
(i) The minimum
rates of pay to be paid to employees are set out in Table 1, of Part B.
(ii) 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 (see Table 1)
be entitled to proceed in the next year of service to the rate prescribed for
such qualification in this award.
(iii) The rates of
pay in this award include the adjustments payable under the State Wage Case -
May 2000. These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
5. Part-Time and
Casual Employees
PART I - Permanent Part-time Employees -
(i) A permanent
part-time employee is one who is permanently appointed by an employer to work a
specified number of hours which are less than those prescribed for a full-time
employee.
(ii) Subject to
Part III of this clause employees engaged under Part I of this clause shall be
paid an hourly rate calculated on the basis of one thirty-eighth of the
appropriate rate prescribed by clause 4, Salaries, with a minimum payment of 2
hours for each start, and one thirty- eighth of the appropriate allowances
prescribed by clause 17, Uniform and Laundry Allowance, but shall not be
entitled to an additional day off or part thereof as prescribed by paragraph
(c) of subclause (ii) of clause 2, Hours of Work.
(iii) The
provisions of clause 10, Annual Leave, and clause 11, Annual Leave Loading,
shall apply to employees engaged under Part I of this clause, upon the same
ratio as the number of hours worked in each week bears to 38.
(iv) In Part I of
this clause ordinary pay, for the purposes of sick leave and annual leave,
shall be calculated on the basis of the average weekly hours worked over the 12
months qualifying period.
(v) Employees
engaged under Part I of this clause shall be entitled to all other benefits of
this award not otherwise expressly provided for herein in the same proportion
as their ordinary hours of work bear to full-time hours.
PART II - Casual Employees -
(i) A casual
employee means an employee who is engaged and paid by the hour.
(ii) A casual
employee working ordinary hours shall be paid by the hourly rate ascertained by
dividing the weekly rate by 38 plus 10 per cent except for Saturdays, Sundays
and Public Holidays when the hourly rate will be ascertained by dividing the
weekly rate by 38.
(iii) A casual
employee shall be entitled to the same benefits as to hours, overtime, shift
penalties and Saturday, Sunday and public holiday rates of pay as a weekly
employee. Provided that a casual employee shall be entitled to a minimum
payment as for three hours at the appropriate rate in respect of each start.
(iv) A casual
employee shall be entitled to a minimum payment as for three hours at the
appropriate rate in respect of each start and shall be reimbursed all fares actually
and reasonably incurred by him/her in travelling to and from work provided that
fares shall only be reimbursed for employees who were receiving such
reimbursement before 23rd November, 1989.
(v) No casual
employee shall suffer a loss of earnings as a result of changes to this Part
made in Matter No's 1327 of 1991 and 1328 of 1991 in decision of Maidment J
made on 24th September, 1992.
PART III - Savings Provision
(i) Employees
engaged as part-time employees as at 23 November 1989, shall be entitled to
exercise the option of receiving the benefits of employment specified in Part I
of this clause or in lieu thereof the following:
(a) A part-time
employee means an employee who is employed to work not more than 38 hours per
week.
(b) A part-time employee
shall be paid at the hourly rate ascertained by dividing by 38 the weekly rate
prescribed by this Award plus 5 per cent. Those employees previously covered by
the Trained Nurses, Medical &c., (State) Award shall be paid the hourly
rate plus 15%.
(c) A part-time
employee shall be entitled to pro-rata sick leave in accordance with clause 13,
Sick Leave, in the same proportion that his/her ordinary hours of work bear to
38.
(ii)
(a) In accordance
with the decision of Maidment J on 24th September, 1992 all employees employed
under Part III (i) shall be employed as Permanent Part-time Employees under
Part I of this clause.
(b) For such
employees the specified number of hours under subclause (i) of Part I of this
clause shall be determined by agreement between the employee and the employer.
Provided that if no agreement is reached the provisions of clause 21 Grievance
and Dispute Settlement Procedure shall be followed in order to determine the
specified number of hours of work for the employee.
(c) No employee
shall suffer a reduction in earnings as a consequence of becoming a permanent
part-time employee through operation of this subclause.
6. On Call
(i) an Employee
Who is Required to Remain on Close Call, that is, on Call for Duty and Not
Allowed to Leave His/Her Employer's Premises During Any Meal Break which is Not
Paid for as Time Worked, Shall be Paid an Additional Sum as Set in Item 2, of
Table 2 of Part B for Each Meal During which the Employee is on Call.
(ii) A person who
is required by the employer to be on call (that is on call for duty but not
required to remain at the employer's premises) shall be paid an on call
allowance as set in Item 3 of Table 2 of Part B for each period of 24 hours or
part thereof provided that only one allowance shall be payable in any period of
24 hours.
7. Overtime
(i) Day Workers -
Except as prescribed in subclause (v) of this clause, all time worked by day
workers in excess of 38 hours per week or before the ordinary commencing time
or after the ordinary ceasing time shall be paid for at the rate of time and
one-half for the first two hours and double time thereafter.
(ii) Shift Workers
- Except as prescribed in subclause (ii) of clause 2 Hours of Work, and except
as prescribed in subclause (v) of this clause all time worked by shift workers:
(a) in excess of
38 hours per week in the case of an employee whose ordinary hours of work are
balanced over one week; or
(b) in excess of
76 hours per fortnight in the case of an employee whose ordinary hours or work
are balanced over a two week period; or
(c) in excess of
114 hours in twenty one consecutive days in the case of an employee whose
ordinary hours of work are balanced over a three week period; or
(d) in excess of
152 hours in twenty eight consecutive days in the case of an employee whose
ordinary hours of work are balanced over a four week period; or
(e) before the
usual starting time or after the usual finishing time;
shall be overtime and shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
(iii) For the
purpose of calculating overtime each day or shift shall stand alone.
(iv) Employees
shall work reasonable overtime when so required by the employer.
(v) Time Off in
Lieu - Where an employee performs duty on overtime the employee may at his/her
request and with the agreement of the employer subsequently be released from
duty in ordinary hours subject to the following conditions:
(a) The agreement
shall be in writing and be kept with the time and wages records;
(b) Where an
employee takes subsequent time off the relevant and equivalent period of
overtime shall be paid for at ordinary rates of pay. All other overtime worked
and in respect of which time off is not taken shall be paid for at the appropriate
overtime rate otherwise provided in this award;
(c) Where an
employee elects to take any period/s of time off in ordinary hours in
accordance with this clause such time off shall be without pay and shall equate
to the relevant period/s of overtime worked;
(d) Time off may
be taken only in respect of overtime worked between Monday to Friday inclusive;
(e) Payment for
any period/s of overtime worked and in relation to which the employee elects to
take time off may be paid by the employer to the employee in the pay period in
which the time off is taken;
(f) An employee
may not accumulate more than 20 hours of equivalent time off which shall be
taken within four weeks of its accrual. Where such time off is not taken the
period/s of overtime referable thereto shall be paid for in the next relevant
pay period at the appropriate overtime rate otherwise applicable.
(g) Any periods of
"time off without pay" in accordance with this subclause shall have
no effect on clause 10, Annual Leave, clause 13, Sick Leave, clause 12, Long
Service Leave and clause 2, Hours of Work in respect to accumulation of ADO's.
(vi) Permanent
Part-time - All time worked by employees employed pursuant to Part 1 of clause
5, Part-time and Casual Employees, in excess of the rostered daily ordinary
hours of work prescribed for the majority of full-time employees in the section
concerned shall be paid for at the rate of time and one half for the first two
hours and double time thereafter. Time worked up to the rostered daily ordinary
hours of work prescribed for a majority of the full-time employees in that
section shall not be regarded as overtime but as an extension of the contract
hours for that day and shall be paid at the ordinary rate of pay.
8. Saturday, Sunday
and Holiday Rates of Pay
(i) Day Workers -
(a) For all time
worked on Saturdays, Sundays and public holidays, day workers shall be paid at
the following rates:
Saturdays - time and one half for the first two hours
and double time thereafter.
Sundays - double time.
Holidays - double time and one half.
Such double time or double time and a half to continue
until relieved from duty.
(b) Day workers
who work on a Sunday or a public holiday and (except for meal breaks) continue
work immediately thereafter shall, on being relieved from duty, be entitled to
be absent until they have had eight consecutive hours off duty, without
deduction of pay, for ordinary time of duty occurring during such absence.
(ii) Shift Workers
-
(a) Except as
provided for in paragraph (b), of this subclause, employees engaged on shift
work shall be paid at the rate applicable to the majority of the employees in
the establishment in which they are employed for all work performed on
Saturdays, Sundays and holidays.
(b) Employees
other than those provided for in paragraph (a), of this subclause, who are
required to work on Saturdays, Sundays or public holidays as part of their
ordinary hours of work for the week shall be paid for such time worked on
Saturdays at the rate of time and a quarter, and on Sundays at the rate of time
and a half and on public holidays at the rate of double time and a half. This
payment shall be in lieu of any percentage addition by reason of the fact that
an employee is a casual employee.
(c) The rates
prescribed in paragraphs (a) and (b) of this subclause shall be in substitution
for and not cumulative upon the shift allowance prescribed in subclause (vii),
of clause 2, Hours of Work.
(d) Where shifts
commence between 11.00 pm and midnight on a Sunday or public holiday the time
so worked before midnight shall not entitle the employee to the Sunday or
public holiday rate.
(iii) Employees
required to work on Saturdays, Sundays or public holidays shall be paid for a
minimum of three hours' work.
9. Holidays
(i) Employees
shall be entitled to the following public holidays without loss of pay: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day,
or such other day as is generally observed in the locality
as a substitute for any of the said days, respectively, together with all
proclaimed public holidays throughout the State.
(ii) To the
holidays specified in this clause there shall be added one other day to be
observed as a holiday, which in the absence of an agreement between the
Association and an employer to the contrary, shall be observed on August Bank
Holiday.
(iii) Every
employee allowed a holiday specified herein shall be deemed to have worked in
the week in which the holiday falls the number of ordinary hours that the
employee would have worked had the day not been a holiday.
Provided that any employee whose roster is changed with the
intent of avoiding or reducing payment due or the benefit applicable under this
clause and who would, but for the change of roster, have been entitled
otherwise to a payment or benefit for a public holiday or holidays shall be
paid for such holiday or holidays as if the employee's roster had not been
changed.
10. Annual Leave
(i) Annual Leave
at the rates of pay prescribed by subclause (v) of this clause and Clause 11,
Annual Leave Loading, shall be granted on completion of twelve months' service
as follows:
(a) employees
whose normal working hours occur between 7.00 am and 7.00 pm daily and do not
include work on Saturdays and Sundays - 28 consecutive days.
(b) in addition to
the periods specified in paragraph (a) of this subclause one day shall be added
to the period of leave for each public holiday prescribed by Clause 9,
Holidays, which occurs during the period of annual leave.
(ii) Such 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.
(iii) Nothing in
this clause shall prevent an employer, by agreement with the employee, from
allowing annual leave to an employee before the right thereto 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 twelve months in respect of which
annual leave was taken before it accrued.
(iv) The employer
shall give each employee, where practicable, at least three months' notice of
the date upon which he/she shall enter upon his/her annual leave. In any event
such notice shall not be less than 28 days.
(v) Each employee,
before going on leave, shall be paid for the period of leave at the ordinary
rate of salary to which he/she is entitled under his/her contract of
employment.
(vi) Except as
provided for in subclause (vii) of this clause, payment shall not be made nor
accepted in lieu of annual leave.
(vii) When the
employment of an employee is terminated, he/she shall be entitled to receive a
proportionate payment for all service for which no annual leave has been
granted at the time rate of pay, as fixed under his/her contract of employment.
The pro-rata annual leave payments shall be equal to one-twelfth of such
ordinary pay for that period of employment.
(viii) An employee
shall be eligible for annual leave when twelve months, less the period of
annual leave, has elapsed since the date on which his/her last annual leave
would have begun if taken immediately it had become due or, if he/she had not
previously had annual leave, since he/she commenced employment.
(ix) In addition to
the leave prescribed by subclause (i) of this clause employees who are rostered
to work their ordinary hours on Sundays and/or holidays shall be entitled to
receive additional payment on the following basis:
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Number of ordinary shifts worked on
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Sundays and/or holidays during a
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Additional payment
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qualifying period of employment for
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|
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annual leave purposes
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|
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4 - 10
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one-fifth of one week's ordinary salary
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11 - 17
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two-fifths of one week's ordinary salary
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18 - 24
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three-fifths of one week's ordinary salary
|
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25 - 31
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four-fifths of one week's ordinary salary
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32 or more
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one week’s ordinary salary.
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The additional payment shall be made at the time the
employee proceeds on annual leave, provided that where the employment of an
employee is terminated the employee shall be entitled to be paid the additional
payment that may have occurred under this paragraph in addition to the
proportionate payment prescribed by subclause (vii) of this clause.
11. Annual Leave
Loading
(i) The loading
is payable in addition to the pay for the period of holiday given and taken and
due to the employee in accordance with subclause (i) of clause 10, Annual
Leave.
(ii) The loading
is to be calculated at the rate of 17.5% of the appropriate ordinary weekly
time rate prescribed by this award for the classification in which the employee
was employed immediately before commencing his/her annual holiday.
(iii) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance
in accordance with subclause (iii) of the said clause 10, provided that, if the
employment of such an employee continues until the day when he/she would have
become entitled under the said clause 10, to annual leave, the loading then
becomes payable in respect of the period of such holiday and is calculated in
accordance with subclause (ii) of this clause applying to the award rates of
wages payable on that day.
12. Long Service
Leave
See Long Service Leave
Act 1955.
13. Sick Leave
(i) Subject as
hereinafter provided an employee shall be entitled to sick leave on full pay
not exceeding in the aggregate (40) hours of working time in the first year of
service and sixty four hours of working time in the second and subsequent years
of service.
(ii) An employee
shall not be entitled to sick leave until after three months' continuous
service.
(iii) An employee
shall, within 24 hours of the commencement of absence, inform the employer of
his/her inability to attend for duty and, as far as possible, state the nature
of the illness or incapacity and the estimated duration of the absence.
(iv) An employee
shall prove to the satisfaction of the employer (or in the event of a dispute
to the Industrial Relations Commission) that he/she is or was unable, on
account of such illness or incapacity, to attend for duty on the day or days
for which payment under this clause is claimed.
(v) The rights
under this clause shall accumulate from year to year so long as his/her
employment continues with the employer so that any part of 40 hours or 64 hours
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
purpose of this clause a year means a year of employment.
(vii) Service before
the coming into force of this award shall be counted as service for the purpose
of qualifying hereunder.
(viii) Sickness On
Day Off - Where an employee is sick or injured on the weekday she or he is to
take off in accordance with paragraphs (c) or (d) of subclause (ii) of clause
2, Hours of Work, that employee shall not be entitled to sick pay, neither
shall her/his sick pay entitlement be reduced as a result of her/his sickness
or injury that day.
(ix) Part Day
Absences - In the case of employees whose hours of work are fixed in accordance
with paragraphs (c) or (d) of subclause (ii) of clause 2, Hours of Work, sick
pay entitlements for part-day absences shall be calculated on a proportionate
basis as follows:
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Duration of Sick
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Appropriate
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Leave Absence
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X
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Weekly Rate
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Ordinary hours
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5
|
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normally worked that day
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|
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In the case of employees whose hours of work are fixed in
accordance with paragraphs (a) or (b) of subclause (ii) of clause 2 Hours of
Work. Sick pay entitlements for part-day absences shall be calculated on a
proportionate basis as follows:
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Duration of Sick
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Appropriate
|
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Leave Absence
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X
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Weekly Rate
|
|
|
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38
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14. State
Personal/Carer’s Leave Case - August 1996
(1) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), 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 in clause 13, 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, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer’s 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 person
concerned being:
(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 subparagraph:
(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.
(d) An 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.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) 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.
(4) Time Off in
Lieu of Payment for Overtime -
(a) For the
purpose only of providing care and support for a person in accordance with
subclause (1) of this clause, and despite the provisions of subclause (v) of
clause 7, Overtime, the following provisions shall apply.
(b) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(c) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, 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 or on
termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time -
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, 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 ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
15. Termination of Employment
(i) Except in
cases of misconduct the employment shall be terminated by not less than two
week's notice on either side or by the payment or forfeiture of two week's pay
in lieu of such notice. Where notice of termination is given on or after 30 June
1993 the period of notice is not less than one week on either side or by
payment or forfeiture of one week's pay in lieu of such notice.
(ii) Upon the
termination of the services of an employee the employer shall furnish him/her
with a written statement, duly signed by the employer, setting out the nature
and period of his/her employment.
16. Payment of Salary
(i) All salaries
and other payments due to the employee shall be paid weekly or fortnightly
provided that the payment for any overtime worked may be deferred to the pay
day next following the completion of the working cycle within which such
overtime is worked, but for no longer; provided further that upon the
termination of the employment of an employee by the employer, or by the
employee upon notice of accordance with clause 15, Termination of Employment,
all salaries and other payments due to such employee shall be paid not later
than one working day after such termination.
Provided further that salaries may be paid monthly by agreement between
the employer and employee.
(ii) All salaries
and other payments due to a casual employee shall be paid at the completion of
each engagement.
(iii) Where
practicable an employee rostered off duty on pay day shall be paid the salary
and other payments due to the employee on the last day on which the employee is
on duty prior to pay day.
(iv) An employer
may pay an employee's salary into one account with a bank or other financial
institution in New South Wales as nominated by the employee; provided that if
salaries are so paid then those salaries shall be deposited by employers in
sufficient time to ensure that wages are available for withdrawal by employees
by no later than pay day; and provided further that this requirement shall not
apply where employees nominate accounts with non-bank financial institutions
but in such cases employers shall take all responsible steps to ensure that the
wages of such employees are available for withdrawal no later than pay day.
17. Uniform and
Laundry Allowance
(i) Where an
employee is permitted and/or required 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 amounts set out in Items 4
and 5 of Table 2 of Part B for uniforms and stockings. Such payment to be paid weekly. No payment shall be made during the period
of annual leave.
(ii) Where
uniforms are not laundered at the employer’s expense the amount set out in Item
6 of Table 2, shall be paid to the employee each week.
(iii) Uniforms for
the purpose of this clause, shall mean sufficient, suitable and serviceable
uniforms and shall include slack suits.
(iv) Where the
employer requires any employee to wear headwear, the employer shall provide
headwear free of charge to an employee.
18. Vehicle Allowance
(i) An employee
who is required by his/her employer to provide a car for the performance of
his/her duties shall be paid the appropriate car allowance for the horsepower
of the car he/she provides as set out in Item 7 of Table 2. A part-time employee shall be paid such
allowance on a pro-rata basis of the ratio of hours worked by the employee to
full-time hours per week.
(ii) The standing
charge prescribed by subclause (i) of this clause shall be paid to the employee
for all periods of paid leave of 5 days or less duration.
(iii)
(a) A casual
employee who is required by his/her employer to provide a car for the
performance of his/her duties shall be paid the rate as set out in Item 8 of
Table 2.
(b) An employee
who is not required to provide a car for the performance of his/her duties
shall be paid the rate as set out in Part B when he/she uses their own vehicle
on the employer’s business.
19. Right of Entry
See Section 296-298 of the Industrial Relations Act,
1996.
20. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to a maximum of two days
bereavement leave without deduction of pay, on each occasion of the death of a
person in Australia as prescribed in subclause (ii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect of a death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 14, State
Personal/Carer’s Leave Case - August 1996, provided that, for the purpose of
bereavement leave, the person need not have been responsible for the care of
the person concerned.
(iv) 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.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said clause 14. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
21. Grievance and Dispute
Settling Procedure
Subject to the Industrial Relations Act 1996
grievances or disputes shall be dealt with in the following manner.
(i) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, requesting a meeting with the employer for
bilateral discussions and state the remedy sought. This meeting shall take
place within two working days of the issue arising (weekends and holidays
excepted).
(ii) If agreement
is not reached, the matter shall then be referred by the employer to a higher
authority (where this exists) no later than three working days after (i) above
(weekends and holidays excepted). At the conclusion of the discussion, the employer
must provide a response to the employee's grievance if the matter has not been
resolved, including reasons (in writing or otherwise) for not implementing any
proposed remedy.
(iii) If the matter
is still not settled within a reasonable period of time, it may be
referred/notified to the Industrial Relations Commission of New South Wales for
settlement by either party.
(iv) While a
procedure is being followed, normal work must continue.
(v) The employer
may be represented by an industrial organisation of employers and the
employee(s) may be represented by an organisation of employees for the purposes
of each step of the procedure.
22. Anti-Discrimination
(1) It is the
intention of the parties bound by this award 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 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".
23. Labour Flexibility
(i) For the
purposes of increasing productivity and flexibility, as well as enhancing
career opportunities for employees, multi-skilling may extend by agreement
between an employer and an employee to allow the employee to perform any work
in an enterprise within the scope of their skills and competence.
(ii) Discussion
shall take place at the enterprise with a view to reaching agreement for
employees to perform a wider range of tasks, removal of demarcation barriers
and participation of employees in additional training.
(iii) Notwithstanding
the provision of subclause (ii) of this clause, employees shall perform a wider
range of duties, including work which is incidental or peripheral to their main
tasks or functions.
(iv) Employees
shall perform such work as is reasonable and lawfully required of them by the
employer including accepting instruction from authorised personnel.
(v) Employees
shall comply with all reasonable requests to transfer or to perform any work
provided for by the award.
(vi) Employees
shall take all reasonable steps to ensure the quality, accuracy and completion
of any job or task assigned to the employee.
(vii) Employees
shall not impose any restrictions or limitations on the measurement and/or
review of work methods or standard work times, provided that appropriate
consultation between employer and employees has taken place.
24. No Extra Claims
It is a term of this award (arising from the decision of the
Industrial Commission in Court Session in the State Wage Case - 29th May 1991
Matter No 346 of 1991) that the Association undertakes, for the duration of the
principles determined by that decision, not to pursue any extra claims, award
or overaward, except when consistent with those principles.
25. Consultative Mechanism
Enterprises shall establish a consultative mechanism and
procedures appropriate to their size, structure and needs for consultation and
negotiation on matters affecting their efficiency and productivity.
26. Area Incidence and
Duration
(i) This award
rescinds and replaces the Nurses, &c., Other Than In Hospitals, &c.,
(State) Award, published 15 October 1993 (276 I.G. 1108) and all variations
thereof.
(ii)
(a) It shall apply
to registered nurses, enrolled nurses and assistants in nursing and all persons
in the industry and calling of nurses employed in the State of New South Wales
excluding the County of Yancowinna within the jurisdiction of the Trained
Nurses, &c., Other Than In Hospitals &c., (State) Industrial Committee
or any committee replacing the said committee under the Industrial Relations
Act 1996 except persons covered by the following awards or industrial
agreements as varied or rescinded and replaced from time to time:
Occupational Health Nurses (State) Award as made by
Kavanagh, J in IRC 2472 of 1999 on 27 July 2000.
Nurses, Non-Government Schools (State) Award published
9 July 1999 (309 I.G. 1096) as varied.
(b) It shall also
apply to registered nurses, enrolled nurses and assistants in nursing and all
persons in the industry and calling of nursing employed in day procedure
centres as defined by the Private Hospitals and Day Procedure Centres Act
1988
(iii) The
provisions of this award shall be effective on and from 12 October 2000 and
shall remain in force for a period of 12 months thereafter.
PART B
MONETARY RATES
Table 1 - Salaries
|
|
Operative from the
first pay period on or after
|
|
|
9 July 2000
|
|
|
|
|
Assistant in Nursing -
|
|
|
1st year
|
423.20
|
|
2nd year
|
434.30
|
|
3rd year
|
445.50
|
|
4TH year
|
457.00
|
|
|
|
|
Enrolled Nurse -
|
|
|
1st year
|
465.00
|
|
2nd year
|
479.00
|
|
3rd year
|
498.40
|
|
4th year
|
516.10
|
|
Thereafter
|
528.40
|
|
|
|
|
Registered Nurse
|
|
|
1st year
|
542.70
|
|
2nd year
|
557.40
|
|
3rd year
|
583.90
|
|
4th year
|
608.20
|
|
5th year
|
636.40
|
|
6th year
|
664.40
|
|
7th year
|
692.40
|
|
8th year
|
724.50
|
|
UG1
|
749.30
|
|
|
|
|
Supervisory Nurse
|
762.90
|
Table 2 - Other
Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
$
|
|
1
|
3(iv)
|
Meal
|
6.21 per meal
|
|
2
|
6(i)
|
On Call During Meal
|
4.85 per day
|
|
3
|
6(ii)
|
On Call
|
11.56 per shift
|
|
4
|
17(i)
|
Uniform
|
5.69 per week
|
|
5
|
17(i)
|
Stockings
|
2.81 per week
|
|
6
|
17(ii)
|
Laundry
|
4.35 per week
|
|
7
|
18(i)
|
Vehicle Allowance Standing Charge
|
|
|
|
|
Up to 2 litres
|
|
|
|
|
Over 2 litres < 3.5 litres
|
125.46 per week
|
|
|
|
Over 3.5 litres
|
138.12 per week
|
|
|
|
|
141.95 per week
|
|
|
|
Vehicle Allowance Running Charge
|
|
|
|
|
Up to 2 litres
|
|
|
|
|
Over 2 litres < 3.5 litres
|
|
|
|
|
Over 3.5 litres
|
23.79 cents per km
|
|
|
|
|
26.60 cents per km
|
|
|
|
|
27.53 cents per km
|
|
8
|
18(iii)(a)
|
Vehicle Allowance Casual Usage
|
53.14 cents per km
|
T. M. KAVANAGH J.
Trained Nurses,
&c., Other Than In Hospitals, &c., (State) Industrial Committee
Industries and
Callings
Registered and enrolled nurses, assistants in nursing, and
all persons employed as nurses in the industry and calling of nursing.
excepting employees of the Crown;
and excepting employees within the jurisdiction of the
following Industrial Committees
Iron and Steel Works Employees) Australian Iron and
Steel Proprietary Limited);
Nurses Air Ambulance (State);
Public Hospital Nurses (State);
Private Hospital, Day Procedure Centre, Nursing Homes,
&c., Nurses (State);
Municipal and Shire Councils (Nurses);
Australian Wire Industries Pty Ltd - Sydney Wiremill;
Tubemakers of Australia Limited, Newcastle;
County Councils (Electricity Undertakings) Employees;
and excepting also persons employed by -
The Council of the City of Sydney;
The Council of the City of Newcastle;
Sydney Electricity;
Electricity Commission of New South Wales, trading as
Pacific Power;
State Rail Authority of New South Wales;
State Transit Authority of New South Wales;
Roads and Traffic Authority of New South Wales;
Water Board;
The Hunter District Water Board;
The Maritime Services Board of New South Wales;
The Australian Gas Light Company;
Electrolytic Refining and Smelting Company of Australia
Proprietary Limited, metal Manufactures Limited, Australian Fertilizers
Limited, and Austral Standard Cables Proprietary Limited, in and about the
works of the said companies at Port Kembla, and employees within the
jurisdiction of the Smelting and Fertilizer Manufacturing (Sulphide Corporation
Pty Limited and Green leaf Fertilizers Limited) Industrial Committee.
____________________
Printed by
the authority of the Industrial Registrar.