CROWN EMPLOYEES AGEING, DISABILITY AND HOME CARE –
NSW DEPARTMENT OF FAMILY AND COMMUNITY SERVICES (COMMUNITY LIVING AWARD) 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 663 of 2015)
|
Before Commissioner Stanton
|
17 November 2015
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Salaries
4. Hours
5. Roster of
Hours
6. Part-time
Staff Members
7. Casual
Employees
8. Temporary
Employees
9. Overtime
10. Sleepovers
11. Penalty
Rates for Shift Work and Weekend Work and Special Working Conditions
12. Meals
13. Recreation
Leave
14. Public
Holidays
15. Paid Union
Leave
16. Payment
and Particulars of Salary
17. Accommodation
and Amenities
18. Uniforms
and Protective Clothing
19. Dispute
Resolution Procedures
20. Anti-Discrimination
21. Association
Representatives
22. Notice
Board
23. Medical
Examinations
24. Deduction
of Union Membership Fees
25. Mobility
of Staff
26. General
Conditions
27. Extra
Claims
28. Area
Incidence and Duration
PART B
Schedule 1 - Monetary Rates
Schedule 2 - Transitional Arrangements
2. Definitions
"Act" means the Government Sector
Employment Act 2013 and its Regulations
and any replacement Act and Regulations.
"ADHC" means Ageing, Disability and Home Care
of the Department of Family and Community Services.
"Allocated day off" (ADO) means a day off in
a roster cycle at a time operationally convenient as provided in Clause 4.
"Association" means the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"Award" means an Award as defined in the NSW Industrial
Relations Act 1996.
"Casual employee" means any employee engaged
in terms of Chapter 2, Part 2.6 Casual Employees, of the Act and any guidelines
issued thereof or as amended from time to time.
"Day Worker" means a worker who works their
ordinary hours Monday to Friday and who commences work on such days at or after
6.00am and before 10.00am, otherwise than as part of a shift system.
"Department" means Ageing, Disability and
Home Care of the Department of Family and Community Services
“Department Head” means the Secretary of the Department
of Family and Community Services
"Disability Support Worker" means a person
appointed to the position of Disability Support Worker who is employed to
assist and support clients in group homes, centre-based respite units and
in-home support services.
"Employee" means an officer, staff member or
casual employee unless otherwise specified.
"Part-time staff member" means a staff member
whose contract hours are less than the full-time hours specified in this Award.
"Public Holiday" means a day proclaimed under
the Banks and Bank Holiday Act 1912, as a bank or public holiday. This definition does not include a Saturday
which is such a holiday by virtue of section 15A of that Act, and 1 August or
such other day that is a bank holiday instead of 1 August.
"Shift worker" means a staff member who is
not a day worker.
"Team Leader" means a person appointed to the
position of Team Leader.
"Staff member" means an officer or temporary
employee as defined in the Act and, unless otherwise specified in this Award,
includes both full-time and part-time staff.
"Unit" means a group home, respite centre or
in-home support service.
3. Salaries
(1) Rates of Pay
(i) Rates of pay
and allowances payable to staff members covered under this Award shall be those
specified in Part B Schedule 1 Monetary Rates.
(2) Disability
Support Workers (DSWs)
(i) The salary
range for employees is that contained in Part B Schedule 1 Monetary Rates.
(ii) From the date
of effect of this Award new appointments of staff members to DSW will be to an
appropriate year in the scale based on years of equivalent full time service
providing direct care services within an accommodation setting to clients with
a disability.
(iii) Casual DSW
employees will be paid at an appropriate year in the scale based on hours and
years of equivalent full time service providing direct care services within an
accommodation setting to clients with a disability. Each year of service requires the completion
of 12 months calendar service and 1982 hours.
(iv) Employees who
possess a Certificate III Disability, or higher qualification acceptable to
ADHC, will be paid at not less than the rate applicable to the 4th year of
service.
(v) Confirmation
of permanent appointment to a DSW position is subject to completion of a
workplace induction program.
(vi) Other than
accelerated progression arising from sub-clause (iv) above, staff members
progress through the DSW salary range by way of annual increments subject to
satisfactory performance and conduct of services in accordance with the
Government Sector Employment Regulation 2013.
(vii) The
transitional arrangements for employees at the effective date of the Award in
the classifications of Residential Support Worker Level 1/2 to the Disability
Support Worker salary range, are contained at Part B Schedule 2 of this Award.
(3) Team Leader
(i) The salary
rates for Team Leaders are contained at Part B Schedule 1 Monetary Rates of
this Award.
(ii) The rates of
pay on Part B for Team Leader One Unit are inclusive of three afternoon, two evening
and one weekend penalty shift every 28 day roster period. The Team Leader will
not be required to work this precise configuration of penalty and weekend shifts
in any 28 day period. The actual work requirements will be determined by
operational needs.
(iii) Appointment
as a Team Leader will be subject to a competitive merit selection process to a
vacant Team Leader position designated as such.
(iv) An appointee
to a position of Team Leader requires possession of Certificate IV Disability,
or equivalent qualification, and Certificate IV Frontline Management, or
equivalent qualification.
(v) A staff member
may be appointed as a Team Leader where they do not possess the Team Leader
qualifications, but they must obtain the qualifications within 12 months of
date of appointment.
(vi) Where other
than an existing permanent officer is appointed to a Team Leader position and
that appointee does not possess the Team Leader qualifications prior to
appointment, confirmation of appointment may only occur after the person has
obtained the Team Leader qualifications.
(vii) ADHC will
determine the location and number of Team Leader positions on the usual basis
of 1 Team Leader per unit. However ADHC will consult with the PSA for proposals
of jointly managed units as they arise.
(4) Community
Support Worker, Community Worker and Community Consultant
(i) ADHC will
consult with the PSA if proposed to establish any new positions in community
based services.
(ii) A Community Support Worker implements client plans which
encourage independent living, social and vocational skills training, community
access support, and leisure, recreation and adult education in consultation
with other professional staff and Community Workers. There are no qualification requirements for
appointment to this position.
(iii) A Community
Worker provides client services and develops client programs to encourage
independent living and social, vocational, leisure and recreation skills
training and community access support in a team setting.
(iv) A Community
Worker is required to possess, a minimum of an Associate Diploma acceptable to
ADHC requiring a minimum of two years full-time study or equivalent part-time
study thereof from a recognised University or College of TAFE. They shall be appointed on the 1st year of
the salary range for Community Worker and shall progress to the 8th year by
annual increments subject to satisfactory conduct and services.
(v) A Community
Worker who possesses a Degree qualification acceptable to ADHC requiring a
minimum of three years full-time study or equivalent part-time study thereof,
shall be appointed on the 3rd year of the salary range for Community Worker and
shall progress to the 8th year by annual increments subject to satisfactory
conduct and services.
(vi) A Community
Consultant provides direct intervention and case management for clients with
complex needs including the development, co-ordination and supervision of
client programs that include behaviour intervention, independent social and
vocational skills training and provides clients with community access support
in a multi-disciplinary team setting.
(vii) A Community
Consultant must possess a Degree qualification or higher acceptable to ADHC
requiring a minimum of four years full-time study or equivalent part-time study
thereof. They shall be appointed on the
1st year of the salary range for Community Consultant and progress to the 5th
year by way of annual increments subject to satisfactory conduct and services.
4. Hours
(i) The ordinary
hours of work for day workers, exclusive of meal times, shall be 152 hours per
28 calendar days, to be worked Monday to Friday, inclusive, and to commence at
or after 6:00am and before 10.00am.
(ii) The ordinary
hours of work for shift workers, exclusive of meal times, shall not exceed 152
hours per 28 calendar days or an average of 38 hours per week in each roster
cycle.
(iii) Each day
worker shall be free from duty for not less than two full days in each
week. Each shift worker shall be free from
duty for not less than two full days in each week or four full days in each
fortnight. Where practicable, such
rostered days off duty shall be consecutive.
(iv) The hours of
work prescribed in subclauses (i) - (iii), shall be arranged to allow variable
working hours in each roster cycle of 28 days to ensure that each staff member
shall work their ordinary hours of work on not more than 19 days in each cycle.
(v) The hours
worked on each day shall be arranged to include a proportion of one hour which shall
accumulate towards the staff members allocated day off (ADO) duty on pay. Such proportion shall be on the basis of 0.4
of one hour for each eight-hour shift worked, and 0.5 of one hour for each ten
hour shift worked.
(vi) Each full-time
staff member shall be entitled to 12 ADOs per annum.
(vii) The staff
member’s ADO prescribed in sub-clause (v) shall be determined having regard to
the needs of ADHC. Where practicable,
the ADO is to be consecutive with the rostered days off duty prescribed by sub-clause
(iii).
(viii) Once set, the
ADO may not be changed in a current cycle unless there are genuine unforeseen
circumstances prevailing. Where such
circumstances exist, and the ADO is changed, another day shall be substituted
in the current cycle. Should this not be
practicable, the day must be given and taken in the next cycle immediately
following.
(ix) There shall be
no accrual of credit towards a ADO for ordinary annual leave taken in
accordance with clause 13 Recreation Leave.
However, where a staff member has accumulated sufficient time to take
their ADO prior to entering on recreation leave, and that day would have been
taken if the staff member had not gone on recreation leave, it shall be allowed
to the staff member on the first working day immediately following the period
of leave.
(x) Where a staff
member has not accumulated sufficient time for an ADO prior to entering on
recreation leave, time in credit shall count towards the next ADO falling in
sequence after the staff member has returned to duty.
(xi) A staff member
shall continue to accumulate credit toward their ADO whilst on sick leave. Where a staff member’s ADO falls during a
period of sick leave, the staff member’s available sick leave shall not be
debited for that day.
(xii) Where a staff
member’s ADO falls during a period of workers’ compensation, the staff member,
on returning to duty, shall be given the next ADO in sequence.
(xiii) Where a staff
member’s ADO falls on a public holiday as prescribed by Clause 14 Public Holidays,
the next working day shall be taken in lieu thereof.
(xiv) All time between
the rostered starting and ceasing times each day shall be paid for as working
time, except for one unpaid meal break of no less than 30 minutes and no more
than one hour.
(xv) A period of 20
minutes shall be allowed to staff members for a morning or afternoon tea break
and such period shall be included in the ordinary hours of work. Time taken for such breaks shall be without
interruption of service.
(xvi) There shall be a
minimum break of eight hours between ordinary rostered shifts or a break equal
in length to the shift previously worked, whichever is greater.
5. Roster of Hours
(i) The ordinary
hours of work for each staff member shall be displayed on a roster in a place
conveniently accessible.
(ii) The roster
shall be displayed at least two weeks prior to the commencing date of the first
working day in the roster. Provided that
this provision shall not make it obligatory for ADHC to display any roster of
ordinary hours of work of a member of the relieving staff.
(iii) A roster may
be altered at any time to enable the operation of the service to be carried on
where another staff member is absent from duty on account of illness or in an
emergency, but where any such alteration involves a full-time staff member
working on a day which would have been their ADO such time worked shall be paid
at overtime rates.
(iv) Where a change
in roster occurs with less than 24 hours notice to the staff member affected,
all time worked outside that shown on the staff member’s roster (prior to the
alteration) shall be paid for at overtime rates.
(v) Rosters
providing for shift work at a location that is normally a day-work operation
shall not be introduced into any service or section thereof, until such time as
the proposals relating thereto are conveyed to ADHC for its approval and the
opportunity has been given to the Association to discuss the matter with ADHC
and the service concerned.
(vi) The ADOs in
accordance with clause 4, Hours, are to be shown on the roster of hours for
each staff member.
(vii) Any change in
the displayed roster must be notified verbally or in writing to the staff
member concerned and shown on the operational roster.
(viii) The working of more than seven consecutive
shifts by staff members is prohibited, except where a staff member makes a
special request, which is agreed by ADHC.
6. Part-Time Staff
Members
(1) Types of
Part-time Engagement
(i) A staff
member may work on a part-time basis by way of;
(a) Part-time
Employment Contract: Contract of employment for less than full-time hours; or
(b) Part-time Leave
Without Pay: Approved application to work less than full-time hours by way of a
grant of leave without pay each week or fortnight; or
(c) Part-time
Loading: Grandparented salary arrangement.
(ii) The specified
number of hours for a part-time staff member may be balanced over a week or
fortnight, provided that the part-time contract hours shall be deemed to be the
specified number of hours for the purposes of accrual of leave provided for in
this Award.
(iii) There shall
be no interruption to the continuity of employment of a part-time staff member
merely by reason of a staff member working on a ‘week on, week off’ basis in
accordance with this sub-clause.
(2) Part-time
Employment Contract
(i) A part-time
staff member is one who is contracted to work a specified number of hours per
week which are less than full-time hours.
(ii) Part-time
staff members shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed in this Award with a minimum
three hours for each start.
(iii) Unless
otherwise specified in this Award, part-time staff members receive full time
entitlements on a pro rata basis calculated according to the number of hours a
staff member is contracted to work.
(iv) Incremental
progression for part-time staff members is the same as for full-time staff
members, that is, part-time staff members receive an increment annually.
(v) ADHC may request,
but not require, a part-time staff member to work additional hours.
(vi) Except where
payment of overtime is provided for under Clause 9, for any time worked in
excess of the staff member’s ordinary contracted hours and up to 76 hours in a
fortnight, a part-time staff member is be paid at their hourly rate plus a
loading of 4/48ths in lieu of recreation leave.
(3) Part-time
Leave Without Pay
(i) A staff
member engaged on a full-time basis may apply to take leave without pay on a
part-time basis in accordance with Clause 72 of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009.
(ii) A staff
member working part-time by way of leave without pay is entitled to a minimum
three hours for each start.
(iii) The
conditions of employment for a staff member engaged on a part-time basis by way
of part-time leave without pay are those provided for in the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009, Government
Sector Employment Act 2013 and Regulations.
(4) Part-time
Loading (Grandparented Salary Arrangement)
(i) Subclauses
(1), (2) and (3) above do not apply to part-time employees in receipt of a 15%
part-time loading under a grandparented salary arrangement. The following
applies to these employees;
(a) Persons
employed on a part-time basis may be employed for not less than eight or more
than 32 hours in any full week of seven days, such week to be coincidental with
the pay period, and shall be paid for the actual number of hours worked each
week an hourly rate calculated on the basis of one thirty-eighth of the
appropriate rate prescribed, plus 15 per cent thereof. Employees shall not be engaged for less than
three hours for each start.
(b) In an
emergency, part-time workers may be allowed to work more than 32 hours in one
week and in such case will be paid for the hours actually worked at a rate
calculated in accordance with paragraph (a) of this sub-clause.
(c) A part-time
worker called up to work in an emergency on their rostered day(s) off shall be
entitled to a minimum payment of three hours at the appropriate rate calculated
in accordance with paragraph (a) of this sub-clause whether required for the
full three hours or not.
(d) With respect to
employees employed on a part-time basis under this subclause, the provisions of
subclauses (v) - (xiii) of clause 4 Hours, clause 9 Overtime, clause 13 (ii)
Recreation Leave and subclauses (i) - (ii) of clause 14 Public Holidays, shall
not apply.
7. Casual Employees
(1) Engagement of
Casual Employees
(i) A casual
employee may be employed subject to the usual basis of employment of staff in
the Department being that of an officer.
(ii) A casual
employee may only be engaged in the following circumstances
On a relief basis to fill irregular or intermittent
vacancies; or
To carry out work on a short-term basis; or
To carry out urgent work or in an emergency.
(iii) Casual
employees can be included in operational rosters but employment for fixed or
regular hours for a single period in excess of 4 weeks would in most instances
be as a temporary employee.
(iv) A casual
employees’ contract of employment may be terminated for any reason by giving of
three hours’ notice by either the employee or ADHC.
(2) Hours of Work
(i) A casual
employee is engaged and paid on an hourly basis.
(ii) A casual
employee will be paid for a minimum of 3 consecutive hours for each engagement.
(3) Rate of Pay
(i) A casual
employee shall be paid on an hourly basis of one thirty-eighth of the
appropriate salary rate prescribed in this Award, plus 15% casual loading
thereof.
(ii) A casual
employee shall be entitled to the shift allowances prescribed in clause 11
Penalty Rates for Shift Work and Weekend Work and Special Working Conditions.
Such employees shall only be entitled to the additional rates where their
shifts commence prior to 6.00am or finish subsequent to 6.00pm Monday to Friday
inclusive.
(iii) Casual
employees in receipt of penalty rates for working midnight Friday to midnight
Sunday and Public Holidays, shall receive those penalty rates in lieu of the
15% casual loading.
(iv) On
termination, a casual employee shall also receive 4/48ths of ordinary earnings
in lieu of recreation leave.
(v) A casual
employee shall be paid overtime in accordance with the provisions of Clause 9
of this Award.
(4) Conditions of
Employment
(i) The following
clauses of this Award do not apply to casual employees
Subclauses (v) to (xi) of clause 4 Hours
clause 5 Roster of Hours
Clause 13 Recreation Leave
Clause 14 Public Holidays
Clause 15 Paid Union Leave
(ii) Casual
employees shall be entitled to all other benefits of this Award in the same
proportion as their ordinary hours of work bear to full-time hours, unless
otherwise specified.
(iii) Casual
employees are entitled to Long Service Leave in accordance with the provisions
of the Long Service Leave Act 1955.
(iv) A
casual employee shall also receive the following entitlements in accordance
with Clause 12 of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009:
(a) Clause 12.5
Leave
(b) Clause 12.6
Personal Carers Entitlement for Casual Employees
(c) Clause 12.7
Bereavement Entitlements for Casual Employees
(d) Clause 12.8
Application of other clauses of this Award to Casual Employees
(v) Other
than as provided for in sub-clause (iv) above of this Award, Clause 12 of the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009
shall not apply.
8. Temporary Employees
(i) Temporary
employees are those engaged in accordance with Section 43 (b) of the Act.
(ii) Temporary
employees are defined as staff members and receive all of the benefits of this
Award in the same manner as permanent officers, unless otherwise specified.
9. Overtime
(1) Rates Payable
- All Employees
(i) The following
rates are payable for overtime worked and shall be in substitution of and not
cumulative upon the rates payable for shift work performed on Monday to Friday,
Saturday, Sunday or Public Holiday -
(a) Monday -
Saturday inclusive: Time and one half for the first two hours and double time
thereafter.
(b) Sunday: Double
time.
(c) Public
Holidays: Double time and one half.
(ii) The rate of
payment for overtime is to be determined according to the day of the week on
which the time is actually worked in accordance with sub-clause (i) above.
(iii) Subject to
subclauses (v) below, an employee may be directed by the Department Head to
work overtime.
(iv) An employee
may refuse to work overtime where the working of overtime would result in the
employee working hours which are unreasonable.
(v) For the
purposes of subclause (iv) above, what is unreasonable or otherwise will be
determined having regard to:
(a) any risk to
employee health and safety;
(b) the employee’s
personal circumstances including any family and carer responsibilities,
community obligations or study arrangements;
(c) the urgency of
the work required to be performed, the impact on operational commitments and
the effect on client services;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other
relevant matter.
(vi) Where an
employee works overtime as an extension of shift and ceases work at a time when
reasonable means of transport home are not available, they shall be paid at
ordinary rates for the time reasonably spent travelling from the place of work
to the officer’s home.
(2) Break Between
Work - All Employees
(i) When overtime
is necessary it shall be arranged so that employees have at least eight (8)
consecutive hours off duty between work on successive days or shifts.
(ii) An employee
who has not had at least eight (8) consecutive hours off duty in accordance
with subclause (i) above, shall be released from duty after completion of the
overtime until they have had eight (8) consecutive hours off duty without loss
of pay for ordinary working time occurring during their absence.
(iii) If ADHC
directs an employee to resume or continue to work without having had at least
eight (8) consecutive hours off duty in accordance with subclause (i) above,
they shall be paid at double rates until released from duty for such period and
then shall be entitled to be absent until they have had eight (8) consecutive
hours off duty without loss of payment for ordinary working time occurring
during such absence.
(iv) At cessation
of eight (8) hour break prescribed by sub-clauses (i) - (iii) above, the
employee is required to return to duty for remainder of a rostered shift or, if
available, apply for leave to cover the remainder of any rostered hours.
(v) Overtime may
be worked prior to the commencement of a rostered shift, in which case the
break provision prescribed by sub-clauses (i) - (iii) shall apply from the
cessation of all work continuous with the overtime.
(3) Recall to Duty
- Staff Members
(i) A staff
member recalled to work overtime after leaving the employer’s premises shall be
paid for a minimum of four (4) hours’ work at the appropriate overtime rate for
each time they are so recalled.
(ii) A staff
member shall not be required to work the full minimum number of hours
prescribed under sub-clause (i) above, if the job they were recalled to perform
is completed within a shorter period.
(iii) A staff
member recalled to duty shall be paid all fares and expenses reasonably
incurred as in travelling to and from their place of work.
(iv) Provided that
where a staff member elects to use their own mode of transport, they shall be
paid an allowance equivalent to the travelling rate as prescribed in the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009.
(4) Planned
Overtime - All Employees
(i) Where
overtime worked is not continuous with ordinary hours, and/or additional hours
in the case of a part-time staff member, and the employee has elected to accept
an offer of overtime work with at least 24 hours notice, then the recall to
duty provisions in subclause (3) above will not apply.
(5) Payment of
Overtime - Full-time Staff Members
(i) A full-time
staff member is to be paid at overtime rates for all time worked;
(a) outside the
ordinary hours permitted under Clause 4 Hours, and/or
(b) outside that
shown on the staff member’s roster (prior to the alteration) where a change in
roster occurs with less than 24 hours notice to the affected staff member.
(6) Payment of
Overtime - Part-time Staff Members
(i) A part-time
staff member is to be paid at overtime rates for all time worked;
(a) longer than the
normal rostered shift length for a full-time employee for that shift, and/or
(b) in excess of
152 hours in a 28 day roster period, and/or
(c) in excess of
the hours prescribed for a full-time staff member in Clause 4 Hours, and/or
(d) outside that
shown on the staff member’s roster (prior to the alteration) where a change in
roster occurs with less than 24 hours notice to the affected staff member.
(ii) In the case
of subclause (i)(a) above, where there is no normal rostered shift length for a
full-time staff member for that shift, then overtime is to be paid for all time
worked in excess of eight (8) hours in a continuous period.
(iii) In the case
of sub-clause (i)(b) above, the part-time staff member must be rostered to work
a number of ordinary hours and have actually worked additional hours totalling
to 152 hours in the roster period prior to becoming eligible to a payment of
overtime under this sub-clause.
(7) Payment for
Overtime or Leave in Lieu
(i) The
Department Head shall grant compensation for directed overtime worked either by
payment at the appropriate rate or, if the staff member so elects, by the grant
of leave in lieu in accordance with this clause.
(ii) The following
provisions shall apply to the leave in lieu:-
a. The staff
member shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment.
b. The leave
shall be calculated at the same rate as would have applied to the payment of
overtime in terms of this clause.
c. The leave must
be taken at the convenience of the Department, except when leave in lieu is
being taken to look after a sick family member. In such cases, the conditions
set out in clause 81, Sick Leave to Care for a Family Member of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009, shall
apply.
d. The leave
shall be taken in multiples of a quarter day, unless debiting of leave in hours
or in fractions of an hour has been approved.
e. Leave in lieu
accrued in respect of overtime shall be given by the Department and taken by
the staff member within three months of accrual unless alternate local
arrangements have been negotiated between the Department Head and the
Association.
f. A staff
member shall be paid for the balance of any overtime entitlement not taken as
leave in lieu.
(8) Payment of
Overtime - Casual Employees
(i) A casual
employee is to be paid overtime rates for all time worked;
a. longer than
the normal rostered shift length for a full-time employee for that shift; and /
or
b. in excess of
152 hours in a 28 day roster period.
(ii) In the case
of subclause (i)(a)above, where there is no normal rostered shift length for a
full-time staff member for that shift, then overtime is to be paid for all time
worked in excess of eight (8) hours in a continuous period.
(iii) In the case
of subclause (i)(b) above, the casual employee must work the 152 hours in a
roster period prior to becoming eligible to a payment of overtime under this
sub-clause.
(iv) Overtime
payments for casual employees are based on the ordinary hourly rate plus the
15% loading set out in Clause 7 Casual Employees.
10. Sleepovers
(i) "Sleepover"
means a continuous period during which an employee is required to sleepover at
a unit and be available to deal with any urgent situation, which may arise
during the sleepover period.
(ii) It is
expected that an employee performing sleepover work will ordinarily be able to
have a reasonable night’s sleep.
Accordingly such work will not be performed where:
(a) The facilities
in the home, or
(b) The activities
or behaviour of the clients residing there are such that an officer could not
ordinarily be expected to have a reasonable night’s sleep or would be put at
risk if sleeping or woken from sleep during a sleepover.
(iii) ADHC shall
take all reasonable steps to enable the employee to have a reasonable night’s
sleep on the premises. These include:
(a) Providing a
vacant room, able to be locked by the employee.
(b) Ensuring that
the room is provided with:
a telephone and/or other emergency communication
facilities so that assistance may be summoned if required;
a bed and other suitable sleeping requirements such as
a light and clean linen;
an ability to view outside the room when locked without
opening the door, including external lighting.
(c) Giving the
employee access to the facilities within the Unit for the purposes of personal
hygiene and the taking of meals, which shall be provided free of charge.
(iv) An employee
shall only perform sleepover work under the following conditions:
(a) there is an
agreement between the employee and ADHC in regard to the sleepover and the
sleepover periods required and except in the case of an emergency, the
agreement is made at least one (1) week in advance;
(b) a sleepover
period shall consist of not more than eight (8) continuous hours;
(c) a staff member
may be required to undertake sleepover work for no more than eight (8) nights
in any period of twenty eight (28) days;
(d) the sleepover
shall not commence earlier than 10pm and shall not finish later than 7am;
(e) no work other
than that of an essential nature involving direct care of the clients shall be
required to be performed during the sleepover;
(f) each period of
sleepover work should follow on from an afternoon shift and should not be
followed by a day shift the next day.
(v) An employee
performing sleepover work shall be paid:
(a) A sleepover
allowance equivalent to five (5) hours payment at ordinary rates.
(b) In the event
that the employee has not received a reasonable night’s sleep, the employee
shall be paid:
(1) If disturbed to
perform any necessary work, the work shall be paid at overtime rates in
addition to the sleepover allowance.
(2) If disturbed by
clients on two or more occasions, but not in order to perform any necessary
work, the employee shall be paid as for an active night shift, in lieu of the
sleepover allowance.
(3) If disturbed by
clients on two or more occasions to perform any necessary work, the work shall
be paid for at overtime rates, with a minimum payment of an amount equal to the
rate for an active evening shift, in addition to the sleepover allowance.
(vi) An employee
who is required by ADHC to accompany clients on excursions, etc. which
necessitate overnight stays shall be paid a minimum allowance equivalent to
eight (8) hours pay at ordinary rates for each overnight stay. If an employee is required to perform any
necessary work during the night, the work shall be paid for at overtime rates.
(vii) Employees
shall comply with ADHC’s reasonable requirements in relation to the recording
of client’s behaviour during sleepover periods.
Claims for the additional payments provided under paragraph (v)(b) of
this clause may be declined if such records have not been maintained for the
particular night.
(viii) Before
sleepover work is introduced at a Unit, ADHC shall assess the suitability of
the home and residents for such arrangements.
Such arrangement shall be monitored and shall be reviewed, if new
clients move into the home or in the event that a clients health or behaviour
alters in such a way that concerns arise as to the continuing suitability of
sleepover arrangements, or if officers as a result are unable to achieve a
reasonable night’s sleep during sleepover work. A timely review shall also be
conducted if a written request identifying the reason the review is sought is
made by staff members performing such work at a unit or by the
Association. Whilst such reviews are
conducted, sleepover work shall not be performed at the Unit.
(ix) In the event
that a dispute arises as to the suitability of a Unit, group of clients, or
employee for sleepover work, the dispute shall be discussed by the parties on
an urgent basis, in accordance with the award dispute resolution procedures.
11. Penalty Rates for
Shift Work and Weekend Work and Special Working Conditions
(i) Shift workers
working afternoon or evening shift shall be paid the following loadings in
addition to the ordinary rate for such shift; provided however, that part-time
employees engaged under Clause 6(1)(i)(a) and (c), shall only be entitled to
the additional rates where their shifts commence prior to 6.00am or finish
subsequent to 6.00pm.
Afternoon shift commencing at 10.00am and before 1.00pm
- 10 per cent
Afternoon shift commencing at 1.00pm and before 4.00pm
- 12.5 per cent
Evening shift commencing at 4.00pm and before 4.00am -
15 per cent
Evening shift commencing at 4.00am and before 6.00am -
10 per cent
(ii) For the
purposes of this clause, day, afternoon and evening shifts shall be defined as
follows:
"Day shift" means a shift which commences at
or after 6.00am and before 10.00am.
"Afternoon shift" means a shift which
commences at or after 10.00am and before 4.00pm.
"Evening shift" means a shift which commences
at or after 4.00pm and before 6.00am on the day following.
(iii) Staff members
whose ordinary working hours include work on a Saturday and/or Sunday shall be
paid for ordinary working hours worked between midnight on Friday and midnight
on Saturday at the rate of time and one-half and for ordinary hours worked
between midnight on Saturday and midnight on Sunday at the rate of time and
three-quarters. These extra rates shall
be in substitution for, and not cumulative upon, the shift loadings prescribed
in subclause (i) of this clause.
(iv) Subclause
(iii) shall apply to part-time workers engaged under Clause 6(1)(i)(c), but
such workers shall be paid the shift allowances under subclause (iii) in lieu
of the 15% part-time loading.
(v) This clause
does not apply to staff members employed in the classification of Team
Leader. The rate of pay for Team Leader
is an all-inclusive rate.
(vi) In all cases
where a shift worker works during the period of changeover to and from daylight
saving time, the shift worker shall be paid the normal rate for the shift.
12. Meals
(i) Time not
exceeding one hour and not less than 30 minutes shall be allowed for each meal.
(ii) In any cases
where the Department determines that the needs of the clients are such that
employees cannot be permitted to leave the Department’s premises during any
meal break, unpaid meal breaks will not be provided and any time allowed for
the partaking of a meal on the Department’s premises shall be regarded as part
of the ordinary hours for the shift.
(iii) Where an
employee in the course of their employment partakes of a meal or light
refreshment other than routine meals, in company with clients, as part of
individual lifestyle plan requirements, the cost of the meal or light
refreshment shall be borne by the employer upon the provision of receipts from
the staff member.
(iv) Where an
employee is called upon to work any portion of an unpaid meal break, such time
shall be paid for at overtime rates.
(v) An employee
required to work overtime following on the completion of their normal shift for
more than two hours shall be allowed 20 minutes for the partaking of a meal and
a further 20 minutes after each subsequent four hours’ overtime. All such time shall be counted as time
worked.
(vi) The meals referred
to in sub-clauses (ii), (iii) and (v) of this clause shall be allowed to the
employee free of charge. Where the
employer is unable to provide such meals, a meal allowance under the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 shall
apply.
(vii) Where
practicable, employees shall not be required to work more than five hours
without a meal break.
13. Recreation Leave
(1) General
(i) Except where
stated otherwise in this Award, all staff members accrue paid recreation leave
at the rate of 20 working days per year.
(ii) Part-time
staff members shall accrue paid recreation leave on a pro-rata basis in the
following manner;
(a) Part-time staff
members engaged under Clause 6(1)(i)(a) and (c) will accrue pro-rata recreation
leave based on the contracted hours contained in the employment contract.
(b) Part-time staff
members engaged under Clause 6(1)(i)(b) will accrue pro-rata recreation leave based on the ordinary hours worked.
(iii) Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member who
is stationed indefinitely in a remote area of the State, being the Western and
Central Division of the State described as such in the Second Schedule to the Crown
Lands Consolidation Act 1913 before its repeal.
(iv) Staff members
who prior to 30.4.99 were employed in the classification of
Senior/Chief/Principal Youth Worker and in receipt of six weeks recreation
leave in accordance with the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009, may continue to accrue recreation leave at the
rate of six weeks per year.
(v) Staff members
covered by sub-clause (iv) above, may elect to revert to four weeks recreation
leave per annum, and therefore receive the provisions of clause 14 Public
Holidays. This election may only be made
once and such option is not reversible.
(vi) Staff members
covered by sub-clause (iv) above, may elect at any time, to cash out any
recreation leave accrued in addition to the entitlement under sub-clause (i)
above.
(vii) The provisions
of sub-clauses (2), (3) and (4) of this Award are taken from the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009. Any variations to that Award in regards to
these provisions are to apply and be incorporated into this Award.
(2) Limits on
Accumulation and Direction to take Leave
(i) At least two
(2) weeks consecutive weeks of recreation leave shall be taken by a staff
member every 12 months, except by agreement with the Department Head in special
circumstances.
(ii) Where the
operational requirements permit, the application for leave shall be dealt with
by the Department Head according to the wishes of the staff member.
(iii) The
Department Head shall notify the staff member in writing when accrued
recreation leave reaches 6 weeks or its hourly equivalent and at the same time
may direct a staff member to take at least 2 weeks recreation leave within 3
months of the notification at a time convenient to ADHC.
(iv) The Department
Head shall notify the staff member in writing when accrued recreation leave
reaches 8 weeks or its hourly equivalent and direct the staff member to take at
least 2 weeks recreation leave within 6 weeks of the notification. Such leave is to be taken at time convenient
to ADHC.
(v) A staff member
must take their recreation leave to reduce all balance below 8 weeks, and ADHC
must cooperate in this process. ADHC may
direct a staff member with more than 8 weeks to take their recreation leave so
that it is reduced to below 8 weeks by school term one 2010.
(3) Conservation
of Leave
(i) If ADHC is
satisfied that a staff member is prevented by operational or personal reasons
from taking sufficient recreation leave to reduce the accrued leave below an
acceptable level of between 4 and 6 weeks or its hourly equivalent, the
Department Head shall:-
(1) Specify in
writing the period of time during which the excess shall be conserved; and
(2) On the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 8 weeks’
limit.
(3) A Department
Head will inform a staff member in writing on a regular basis of the staff member’s
recreation leave accrual.
(4) Miscellaneous
(i) Recreation
leave is to be granted in multiples of 1 hour.
(ii) Recreation
leave for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
(iii) Recreation
leave does not accrue to a staff member in respect of any period of absence
from duty without leave or without pay, except as specified in sub-clause (iv)
below.
(iv) Recreation
leave accrues during any period of leave without pay granted on account of
incapacity for which compensation has been authorised to be paid under the Workers
Compensation Act 1987; or any period of sick leave without pay or any other
approved leave without pay, not exceeding 5 full time working days, or their
part time equivalent, in any period of 12 months.
(v) The
proportionate deduction to be made in respect of the accrual of recreation
leave on account of any period of absence referred in sub-clause (iv) above,
shall be calculated to an exact quarter-day (fractions less than a quarter
being rounded down).
(vi) Recreation
leave accrues at half its normal accrual rate during periods of extended leave
on half pay or recreation leave taken on half pay.
(vii) Recreation
leave may be taken on half pay in conjunction with and subject to the
provisions applying to adoption, maternity or parental leave under the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009.
(viii) On cessation
of employment, a staff member is entitled to be paid, the money value of
accrued recreation leave which remains untaken.
(ix) A staff member
to whom sub-clause (viii) above applies, may elect to take all or part of
accrued recreation leave which remains untaken at cessation of active duty as
leave or as a lump sum payment; or as a combination of leave and lump sum
payment.
(5) Additional
Recreation Leave - Shiftworkers
(i) Staff members
who are rostered to work their ordinary hours on Sundays and/or Public Holidays
during a qualifying period of employment for recreation leave purposes shall be
entitled to receive additional recreation leave as follows:
|
Number of ordinary
shifts worked on Sundays
|
Additional
Recreation Leave
|
|
and/or Public
Holidays during qualifying period of
|
|
|
employment for
Annual Leave purposes
|
|
|
4 to 10
|
1 day
|
|
11 to 17
|
2 days
|
|
18 to 24
|
3 days
|
|
25 to 31
|
4 days
|
|
32 or more
|
5 days
|
(ii) For part-time
staff members, the "days" referred to in the above table will be
equivalent to pro-rata contracted hours.
(iii) A staff
member may elect to be paid an amount equivalent to the value of their
additional recreation leave entitlement accrued under subclause (i). Such election must be in writing and may be
made at any time subject to sub-clause (iv) below.
(iv) Additional
recreation leave accrued under Clause 14(5) is accrued over at least a 12 month
qualifying period and will be credited to the leave balance or paid out,
according to the election of the staff member, on anniversary of employment.
(v) Provided
further that on termination of employment, staff members shall be entitled to
payment for any untaken recreation leave due under Clause 14(5), together with
payment for any untaken leave in respect of an incomplete year of employment,
calculated in accordance with Clause 14(5).
(6) Annual Leave
Loading
(i) A shift
worker, shall be paid whilst on recreation leave their ordinary pay plus shift
allowances and weekend penalties relating to an average of shift penalties
received by a staff member in a 12 month period prior to commencing on
leave. Where a staff member has not
worked shift work for a period of 12 months prior to commencement on leave,
then an average of shift penalties paid in the lesser period since date of appointment
as a staff member is to apply.
(ii) Provided
that, in relation to subclause (i) above, shift allowances and weekend
penalties shall not be payable for public holidays which occur during a period
of recreation leave or for days which have been added to recreation leave in
accordance with the provisions of Clause 14 Public Holidays.
(iii) Staff members
shall be entitled to an annual leave loading of 17.5%, or shift penalties as
set out in subclauses (i) and (ii) above, whichever is the greater, on up to
four weeks recreation leave for non-shift workers and up to five weeks
recreation leave for shift workers.
(iv) Where staff
members receive additional recreation leave under Clause 13(1)(iv), the annual
leave loading shall continue to be paid on a maximum of 4 weeks leave.
(v) For the calculation
of annual leave loading, the leave year shall commence on 1 December each year
and shall end on 30 November of the following year.
(vi) Payment of the
annual leave loading shall be made on the recreation leave accrued during the
previous leave year and shall be subject to the following conditions:
(1) Annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two (2)
consecutive weeks recreation leave. Such
leave may be a combination of recreation leave, public holidays, extended leave
(long service leave), leave without pay, time off in lieu and rostered day off
with pay.
(2) If at least
two weeks’ leave, as set out in paragraph (1) of this subclause, is not taken
in a leave year, then the payment of the annual leave loading entitlement for
the previous leave year shall be made to the staff member as at 30 November of
the current year.
(3) While annual
leave loading shall not be paid in the first leave year of employment, it shall
be paid on the first occasion in the second leave year of employment when at
least two weeks leave as specified in paragraph (1) of this subclause, is
taken.
(4) A staff member
who has not been paid the annual leave loading for the previous leave year,
shall be paid such annual leave loading on resignation, retirement or
termination by the employer for any reason other than the staff member’s
serious and intentional misconduct.
(5) Except in
cases of voluntary redundancy, proportionate leave loading is not payable on
cessation of employment.
14. Public Holidays
(1) General
(i) Staff members
shall be allowed to have public holidays off on full pay.
(ii) For the
purposes of this clause the following shall be deemed public holidays, viz: New
Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Christmas Day, Boxing Day, Anzac Day, Queen’s Birthday, Local Labour Day and
any other day duly proclaimed and observed as a public holiday throughout the State
of New South Wales.
(iii) Except as
otherwise provided in this subclause, where a staff member is required to and
does work on any day of the holidays set out in subclause (ii) above, whether
for a full shift or not, the staff member shall be paid at time and a half
extra to the weekly rate for the ordinary rostered hours of duty. Such payment is to be in lieu of weekend or
shift allowances which would otherwise be payable had the day not been a public
holiday.
(iv) Staff members
may elect to be paid at half time extra to the weekly rate for the ordinary
rostered hours and have the equivalent of the rostered hours added to their
period of recreation leave for each public holidays worked in lieu of the
payment provided in subclause (iii) above.
(v) Staff members
who are rostered off duty on a public holiday shall:
(1) be paid one
day’s pay in addition to the weekly rate or, if the officer so elects,
(2) have one day
added to their period of recreation leave.
(vi) Where a staff
member is rostered for a shift that crosses midnight on a public holiday, and
the total rostered hours on the public holiday are less than the equivalent of
a full shift, for the purposes of subclause (v) above, the shift will be deemed
to have been worked on the day on which the majority of time was actually
worked.
(vii) Where because
of the majority of hours falling on a non-public holiday the shift is regarded
as a non-public holiday shift, the staff member shall be deemed to have been
rostered off duty on the public holiday and shall be paid in accordance with
subclause (v).
(viii) The elections
referred to in sub-clauses (iv) and (v) above, and in this sub-clause are to be
made in writing. Provided that a staff
member may at any time change their election and may also elect to cash out any
additional recreation leave balance accrued from these elections.
(ix) In addition to
those public holidays specified in subclause (ii) above, staff members shall be
entitled to an extra public holiday each year.
Such public holiday will occur on a day between Boxing Day and New
Year’s Day determined by the appropriate Department Head as a public service
holiday.
(x) Staff members
receive the public holiday in sub-clause (ix) above in lieu of any local
holiday.
(xi) For the
purposes of this clause "full pay" shall mean the appropriate rate
prescribed for the hours which the staff member would have worked had the day
not been a public holiday.
(xii) Team Leaders
will ordinarily be rostered off duty on public holidays and receive the benefits
under sub-clause (v) above.
(2) Six Weeks Base
Recreation Leave Staff Members
(i) Sub-clauses
in section (2) apply to staff members in receipt of six weeks leave.
(ii) The
provisions of sub-clause (1) (i) - (v) do not apply. However, staff members may receive the
additional public holiday in sub-clause (1) (ix) and may exercise the elections
specified in subclause (1) (vi) and (vii) above.
(iii) Where a staff
member is required and does work on any public holiday, whether for a full
shift or not, they shall be paid at half time extra for the ordinary rostered
hours of duty.
(3) Part-time
Staff Members
(i) The
provisions of this sub-clause (1) apply to part-time staff members engaged
under Clause 6(2) and
(ii) The
provisions of sub-clause (1) do not apply to part-time staff members engaged
under Clause 6(4) of this Award and who are in receipt of the 15% part-time
loading. However, each staff member
engaged under Clause 6(4) who is required to and does work on a public holiday
as defined under sub-clause (ii) above, shall be paid at the rate of double
time and one-half in lieu of the 15% part-time loading.
15. Paid Union Leave
(i) The
provisions for paid Union Leave will be in accordance with Section 5 Clauses 53
to 66 of the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009.
(ii) In addition
to the provisions under sub-clause (i) above, members of the Association, who
are accredited by the Association as Association delegates, shall be entitled
to apply for paid special leave for attendance at Association delegates’
meetings.
16. Payment and
Particulars of Salary
(i) Wages shall
be paid fortnightly; provided that, for the purpose of adjustments of wages
related to alterations in the basic wage, from time to time affective, the pay
period shall be deemed to be fortnightly.
On each payday the pay shall be made up to a date not more than three
days prior to the day of payment and shall include all payments due to the staff
member for that particular pay period.
(ii) Staff members
shall have their salary paid into a bank or other financial institution in New
South Wales, as nominated by the staff member. Salaries shall be deposited by
ADHC in sufficient time to ensure that salaries are available for withdrawal by
staff members by no later than pay day.
(iii) Staff members
proceeding on long service leave, extended leave and recreation leave, shall on
request, be paid in advance prior to commencing such leave. However, where a staff member wishes to
receive their pay on their usual pay day, this shall be done.
(iv) Notwithstanding
the provisions of subclause (ii) above, a staff member should be paid all
monies due to them by ADHC within 48 hours of ceasing duty on the last day of
employment.
(v) On each pay day
a staff member, in respect of the payment then due, shall be furnished with a
statement, in writing, containing the following particulars, namely: name, the
amount of ordinary salary, the total number of ordinary hours, the total number
of hours of overtime worked, if any, the amount of any overtime payment, the
amount of any other monies paid, and the purpose for which they are paid and
the amount of the deductions made from total earnings and the nature thereof.
(vi) Where
retrospective adjustments of wages are paid to staff members, such payments,
where practicable, shall be paid as a separate payment to ordinary wages. Such payment shall be accompanied by a
statement containing particulars as set out in subclause (v) above.
17. Accommodation and Amenities
(i) Suitable
dining areas, lavatory and washing facilities and lockable facilities for staff
members personal belongings shall be made available in all Departmental
facilities.
(ii) In all units,
hot and cold showers and conveniences shall also be available for staff
members.
(iii) Where major
additions to presently occupied buildings or new buildings are erected, the
amenities to be available in such additions or new buildings shall be the
subject of negotiations between the parties.
18. Uniforms and
Protective Clothing
(i) Staff members
shall not be required to wear a uniform or any part thereof. Therefore, no allowance in lieu of the supply
of uniforms shall be payable.
(ii) Where the
nature of the duties to be performed so warrants, suitable protective outer
garments shall be available for the use of staff members.
19. Dispute Resolution
Procedures
(i) All
grievances and disputes relating to the provisions of the Award shall initially
be dealt with as close to the source as possible, with graduated steps for
further attempts at resolution at higher levels of authority within ADHC, if
required.
(ii) A staff
member is required to notify, in writing, their immediate manager as to the
substance of the grievance, dispute or difficulty, request a meeting to discuss
the matter and, if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the staff member to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Department Head or delegate.
(iv) The immediate
manager shall convene a meeting in order to resolve the grievance, dispute or
difficulty within two working days, or as soon as practicable, of the matter
being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond
within two working days, or as soon as practicable. The staff member may pursue this sequence of
reference to successive levels of management until the matter is referred to
the Regional Manager or Branch Head.
(vi) The Regional
Manager or Branch Head may refer the matter to ADHC’s Human Resources or Employment Relations
Branch for consideration.
(vii) If the matter
remains unresolved, ADHC shall provide a written response to the staff member
and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(viii) A staff
member, at any stage, may request to be represented by their union.
(ix) The staff
member or the union on their behalf, or the Department Head, may refer the
matter to the Industrial Relations Commission of New South Wales if the matter
is unresolved following the use of these procedures.
(x) The staff
member, union and ADHC shall agree to be bound by any order or determination by
the Industrial Relations Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) above are being followed, normal
work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in a case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
20.
Anti-Discrimination
(i) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award, which, by its terms or operation, has a direct or indirect discriminatory
effect.
(iii) Under the Anti‑Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(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.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the 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."
21. Association
Representative
(i) An officer
appointed Association representative shall, upon notification thereof in
writing to ADHC, be recognised as the accredited representative of the
Association and shall be allowed the necessary time, during working hours, to
interview ADHC and staff members on matters affecting staff members.
22. Notice Board
(i) ADHC shall
provide and erect a notice board of reasonable dimensions in each unit, to be
erected in a prominent position and upon which the Association representative
shall be able to post Association notices.
23. Medical
Examinations
(i) Staff members
required to work in areas where they are subject to a higher than normal risk
of infection shall be given appropriate check-ups upon making application
therefore to ADHC.
24. Deduction of Union
Membership Fees
(i) The union
shall provide ADHC with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
(ii) The union
shall advise ADHC of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the employer at least one month in advance of the variation taking effect.
(iii) Subject to
(i) and (ii) above, ADHC shall deduct union fortnightly membership fees from
the pay of any staff member who is a member of the union in accordance with the
union’s rules, provided that the staff member has authorised ADHC to make such
deductions.
(iv) Monies so
deducted from staff member’s pay shall be forwarded regularly to the union
together with all necessary information to enable the union to reconcile the
credit subscriptions to staff member’s union membership accounts.
(v) Unless other
arrangements are agreed to by ADHC and the union, all union membership fees
shall be deducted on a fortnightly basis.
(vi) Where a staff
member has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the staff member to make a fresh authorisation in order for
such deductions to continue.
25. Mobility of Staff
(i) All staff
members are recruited to a District, not a unit. The movement of staff members
within the District will occur in a reasonable manner.
(ii) Staff may be
rotated through shifts at various units for the following purposes where
practicable:
For staff and workforce development, including unit
induction;
To meet client support needs;
To address Work Health and Safety issues or injury
management obligations;
When a staff member has identified a desire to work in
another unit; or
To support workforce requirements including the filling
of long term vacancies.
(iii) Staff will
not be asked to work a shift in another unit:
Without reasonable notice; or
If the distance the staff member is required to travel
is unreasonable having regard to the individual’s circumstances
(iv) Where
possible, all transfers will be undertaken on a voluntary basis.
(v) Where an
involuntary transfer is necessary, consultation with the PSA will be undertaken
prior to the transfer being affected.
(vi) For the
purposes of this clause, no transfer will be used as a punitive measure.
26. General Conditions
of Employment
(i) It is the
intention of the parties to this Award that all other conditions not specified
in this Award will be in accordance with the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009, , Government Sector Employment Act
2013 and the Government Sector Employment Regulation 2013..
(ii) The salary
rates in Part B of the Award are set in accordance with movements in salary
from the Crown Employees (Public Sector - Salaries 2015) Award and any
variation or replacement Award.
27. Extra Claims
The No Extra Claims clause (clause 8) contained in the Crown
Employees (Public Sector- Salaries 2015) Award shall apply to the employees
covered by this Award.
28. Area, Incidence
and Duration
This Award applies to staff members and casual
employees who are employed by ADHC in a classification listed in Part B of this
Award, and defined in Clause 2 of Part A of this Award, who come within the
constitutional coverage of the Association.
This award was made following a review under section 19
of the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees Ageing, Disability and Home Care - Department of Human Services NSW
(Community Living Award) 2010 Award published 24 September 2010 (370 IG 442)
and all variations thereof.
The changes made to the Award pursuant to the Award
Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 IG 359) take
effect on 17 November 2015.
This Award remains in force until varied or rescinded, the
period for which it was made having already expired.
Part B
Schedule 1 -
Monetary Rates
|
Level
|
Year
|
Effective from
1.7.15
|
|
|
|
Per Annum
|
|
|
|
$
|
|
Disability Support Worker
|
1
|
49,799
|
|
|
2
|
50,675
|
|
|
3
|
52,002
|
|
|
4
|
53,014
|
|
|
5
|
54,015
|
|
|
6
|
55,502
|
|
|
7
|
56,466
|
|
|
8
|
57,460
|
|
|
9
|
59,383
|
|
|
10
|
61,314
|
|
Team Leader*
|
1
|
88,015
|
|
One Unit
|
|
|
|
|
2
|
89,781
|
|
Team Leader*
|
1
|
90,646
|
|
Two Units
|
|
|
|
|
2
|
92,446
|
|
Community Support Worker
|
1
|
49,799
|
|
|
2
|
50,675
|
|
|
3
|
52,002
|
|
|
4
|
53,014
|
|
|
5
|
54,015
|
|
Community Worker
|
1
|
54,015
|
|
|
2
|
55,502
|
|
|
3
|
57,460
|
|
|
4
|
60,789
|
|
|
5
|
63,617
|
|
|
6
|
66,799
|
|
|
7
|
70,329
|
|
|
8
|
73,712
|
|
Community Consultant
|
1
|
71,113
|
|
|
2
|
74,658
|
|
|
3
|
77,448
|
|
|
4
|
80,528
|
|
|
5
|
84,570
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.