HEALTH EMPLOYEES' CONDITIONS OF EMPLOYMENT (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, industrial organisation of employees..
(No. IRC 6404 of 2005)
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Before The Honourable
Justice Boland
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16 December 2005
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AWARD
PART A
1. Arrangement
Clause No. Subject Matter
21 Accommodation
and Amenities
16 Annual
Leave
27 Anti-Discrimination
49 Area,
Incidence and Duration
1 Arrangement
7 Board and
Lodging
31 Blood
Count
36 Child Care
5 Climatic
and Isolation Allowance
2 Definitions
26 Dispute
Resolution
13 Excess
Fares and Travelling Time
40 Exemptions
3 Hours
48 Induction
and Orientation
32 Infectious
Cleaning
22 Inspection
of Lockers of Employees
33 Labour Flexibility
17 Long
Service Leave
41 Maternity,
Adoption and Parental Leave
14 Meals
25 New
Classifications
47. No Extra
Claims
30 Notice
Board
10 On Call
9 Overtime
19 Payment
and Particulars of Salary
11 Penalty
Rates for Shift Work & Weekend Work
6 Permanent
Part-Time and Part-Time Employees
28 Personal/Carer’s
Leave, Family and Community Services Leave
24 Promotions
and Appointments
15 Public
Holidays
46 Reasonable
Hours
8 Relieving
Other Members of Staff and Mixed Functions
39 Removal
Expenses
4 Roster of
Hours
45 Salary
Packaging
44 Salary
Sacrifice to Superannuation
18 Sick Leave
12 Special
Working Conditions
42 Study
Leave
38 Telephone
Allowance
34 Teleworking
20 Termination
of Employment
43 Trade
Union Leave
29 Union
Representative
37 Union Subscriptions
23 Uniforms
and Protective Clothing
35 Workforce
Review
PART B
MONETARY RATES
Table 1 - Other Rates
and Allowances
PART A
2. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have their respective meanings
assigned to them:
"Act" means the Industrial Relations Act
1996 and its Regulations and any Act and Regulations replacing them.
"ADA" means the adjusted daily average of occupied
beds calculated in accordance with the following formula:
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ADA =
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Daily Average + Neo-natal Adjustment + Non-inpatient
Adjustment
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Where:
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Daily =
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Total Occupied
Bed Days for the Period Less Unqualified Baby Bed Days
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Average
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Number of Days in
the Period
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Neo-natal =
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Total Bed Days
of Unqualified Babies for the Period
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Adjustment
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2 x Number of Days
in the Period
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Non inpatient =
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Total NIOOS
Equivalents for the Period
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Number of Days in
the Period
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Note:
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Total NIOOS Equivalents for the Period equals the
individual NIOOS plus the equivalent number of Group NIOOS (Non-inpatient
Group Sessions x 1.3) plus the equivalent number of Dental NIOOS
(Non-inpatient Dental Flow x 3.8)
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"Corporation" means the Health Administration
Corporation of New South Wales.
"Day Worker" means a worker who works his/her
ordinary hours from Monday to Friday inclusive and who commences work on such days
at or after 6.00 a.m. and before 10.00 a.m. otherwise than as part of a shift
system.
"Employer" means the Health Administration
Corporation of New South Wales, Health Service or Hospital.
"Health Service" means an Area Health Service
constituted under section 17 of the Health Services Act 1997.
"Hospital" means a public hospital as defined in
section 15 of the Health Services Act 1997.
"On Call' means a period an employee is required to
make himself/herself available outside of a normal rostered shift.
"Public Health Organisation" means an organization
defined under chapter 2 (7) of the Health Services Act 1997.
A Public Health Organisation is:
(a) an area health
service, or
(b) a statutory
health corporation, or
(c) an affiliated
health organization in respect of its recognised establishments and recognised services.
"Shift Worker" means a worker who is not a day
worker as defined.
"Union" means the Health Services Union.
3. Hours
(i) The
provisions of this clause shall not apply to persons employed as Health Manager
Level 5 and above.
(ii) The ordinary
hours of work for day workers and apprentices exclusive of meal times, shall be
an average of 38 hours per week in each roster cycle to be worked Monday to
Friday inclusive and to commence on such days at or after 6.00 a.m. and before
10.00 a.m. Provided that apprentices
may commence work on such days before 6.00 a.m. as their trade requires.
Provided that the ordinary hours may be altered by mutual
agreement between an employer, the Union and the majority of employees in the
Department concerned. The Union's approval will not be unreasonably
withheld. When such agreement is
reached the ordinary hours thus agreed will not attract any penalty or overtime
payment under this Award in addition to the ordinary rate of pay for salary or
wages. Entitlements to allowances, including allowances set out under Part B,
Monetary Rates, ill not be affected.
No apprentice or Adult Apprentice shall be required to
perform work which would prevent the apprentice from attending classes as
required by the term of his or her apprenticeship.
(iii) The ordinary
hours of work for shift workers, exclusive of meal times, shall not exceed an
average of 38 hours per week in each roster cycle.
(iv) Notwithstanding
the provisions of sub-clauses (i) and (ii) of this clause, the ordinary hours
of work for Radiographers and Trainee Radiographers, exclusive of meal times,
shall be an average of 35 hours per week in each roster cycle.
(v) Each day
worker shall be free from duty for not less than two full days in each week and
at least one allocated day off in each four week period and each shift worker
shall be free from duty for not less than two full days in each week or four
full days in each fortnight and at least one allocated day off in each four
week period. Where practicable such days off duty shall be consecutive.
Provided that where there is agreement between the employer and an employee
this provision may be altered so that the employee has an average of two full
days per week and at least one allocated day off in each four week period free
from duty in each roster cycle.
NOTATION: The
Corporation has agreed to advise hospitals that by administrative action such
days off duty shall not be preceded by an afternoon or night shift unless an
additional 8 hours are granted as sleeping time. An afternoon shift shall be one which commences at or after 1 pm
and before 4 pm.
(vi) In each roster
cycle of 28 days each employee shall work his or her ordinary hours of work on
not more than nineteen days in the cycle. This principle is to be followed when
formulating alternate roster cycles, examples of which are as follows:
(a) In each roster
cycle of 21 days each employee shall work his or her ordinary hours of work on
not more than 14 days in the cycle; or
(b) In each roster
cycle of 14 days each employee shall work his or her ordinary hours of work on
not more than nine days in the cycle.
(vii) The employee's
allocated day off duty shall be determined by mutual agreement between the
employee and the hospital having regard to the needs of the hospital or
sections thereof. Where practicable
such allocated day off duty shall be consecutive with the days off duty
prescribed by sub-clause (v) of this clause.
(viii) Once set the
allocated day off duty may not be changed in a current cycle unless there are
genuine unforeseen circumstances prevailing or there is mutual agreement. Where
such circumstances exist and the allocated day off is changed, another day
shall be substituted in the current cycle. Should this not be practicable and
agreement is not reached in accordance with sub-clause (ix) below, the day must
be given and taken in the next cycle immediately following.
(ix) Where there is
agreement between an employer and an employee, an employee's allocated day off
duty prescribed by sub-clause (v) of this clause may be accumulated and be
taken at a time mutually agreed upon between the employer and the employee,
provided that the maximum number of allocated days off duty which may
accumulate under this sub-clause shall be five. Any allocated day off duty
accumulated but not taken at the date of termination, shall be paid out at
ordinary rates applicable at date of termination as part of the usual
termination entitlement.
(x) Where an
employee's allocated day off duty falls due during a period of workers'
compensation, the employee, on returning to full-time duty, shall be given the
next allocated day off in sequence.
(xi) Where an
employee's allocated day off duty falls on a public holiday as prescribed by
Clause 15, Public Holidays, the next working day or another mutually agreed
working day shall be taken in lieu thereof.
(xii) Except for one
meal break each day all time worked between the normal starting and ceasing
time each ay shall be at ordinary rates of pay. This provision shall not apply to such positions being worked as
broken shifts on 5th September 1963.
(xiii) A period of
twenty minutes shall be allowed to employees for morning or afternoon tea and
such period shall be included in the ordinary hours of work. Employees who are
engaged for less than a whole shift on any one day shall be entitled to one tea
break of ten minutes.
Approval may be given by the employer in special and
exceptional circumstances when it is not possible for an employee to have a
20-minute break to take two ten-minute breaks at a time convenient to the
employee's circumstances.
(xiv) There shall be
a minimum break of eight hours between ordinary rostered shifts.
(xv) Any time
occupied by an apprentice or adult apprentice during working hours, in
attendance at a technical college or carrying out a correspondence course, as
required by the terms of an apprenticeship as established under Division 3 of
Part 2 of the Apprenticeship and Traineeship Act 2001 (including time
actually spent in travelling to and from a technical college) shall: -
(a) be counted as
and included as part of his/her term apprenticeship; and
(b) shall be
deemed to be time worked for the purpose of calculating wages to be paid to
him/her under this Award.
4. Roster of Hours
(i) The
provisions of this clause shall not apply to persons employed under the Health
Managers (State) Award.
(ii) The ordinary
hours of work for each employee shall be displayed on a roster in a place
conveniently accessible to employees. Unless not reasonably practicable, the
roster shall be displayed two weeks prior to the commencing date of the first
working period in any roster.
Provided that this provision shall not make it
obligatory for the employer to display any roster of ordinary hours of work of
members of the relieving staff.
Provided further, that a roster may be altered at any
time to enable the service of the hospital to be carried on where another
employee is absent from duty on account of illness or in an emergency, but
where any such alteration involves an employee working on a day which would
have been his or her day off such time worked shall be paid for at overtime
rates. Furthermore, where a change in
roster occurs with less than 24 hours notice to the employee affected, all time
worked outside that shown on the employee's roster (prior to the alteration)
shall be paid for at overtime rates.
(iii) Rosters
providing for shift work shall not be introduced into any hospital or section
thereof until such time as the proposals are discussed with the Union by the
Health Service.
(iv) Extension of rosters
beyond 28 calendar days may be introduced subject to such proposals being
agreed between the Union and the Health Service. Neither party shall unreasonably withhold its approval.
(v) Where an
employee is entitled to an allocated day off duty in accordance with clause 3
Hours, that allocated day off duty is to be shown on the roster of hours for
each employee.
5. Climatic and
Isolation Allowance
(i) Subject to
sub-clause (iii) of this clause, persons employed in hospitals in places
situated upon or to the west of a line drawn as herein specified shall be paid
an allowance as agreed between the Health Service and the Union in addition to
the salary to which they are otherwise entitled.
The line shall be drawn as follows:- viz; commencing at
Tocumwal and thence to the following towns in the order stated - Lockhart,
Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri, Inverell
and Bonshaw.
(ii) Subject to
sub-clause (iii) of this clause, persons employed in hospitals in places situated
upon or to the west of a line drawn as herein specified shall be paid an
allowance as agreed between the Health Service and the Union in addition to the
salary to which they are otherwise entitled.
The line shall be drawn as follows:- viz; commencing at
a point on the right bank of the Murray River opposite Swan Hill (Vic.) and
thence to the following towns, in the order stated - Hay, Hillston, Nyngan,
Walgett, Collarenebri and Mungindi.
(iii) Sub-clauses
(i) and(ii) shall not have effect until an agreement is made between the Union
and the Health Service. Until that time the allowances paid shall be as set out
in Items1and 2 of Table 1 - Other Rates and Allowances, of Part B, Monetary
Rates.
(iv) The allowances
prescribed by this clause are not cumulative.
(v) Except for the
computation of overtime the allowances prescribed by this clause shall be
regarded as part of the salary for the purposes of this award.
(vi) A part-time
employee shall be entitled to the allowance prescribed by this clause in the
same proportion as the average hours worked each week bear to 38 ordinary
hours.
6. Permanent
Part-Time and Part-Time Employees
Part 1 - Permanent Part-Time Employees
(i) A permanent
part-time employee is one who is appointed by a hospital to work a specified
number of hours each roster cycle which are less than those prescribed for a
full-time employee.
(ii) A permanent
part-time employee shall be paid an hourly rate calculated on the basis of one thirty
eighth of the normal weekly rate available for full-time employees of the same
classification (Radiographers and Trainee Radiographers will be calculated on
the basis of one thirty fifth).
(iii) Persons
employed on a permanent part-time basis may be employed for not less than two
or more than 32 hours in any full week of seven days, such week to be
coincidental with the pay period of each hospital. Permanent part-time
employees are not entitled to an allocated day off. The specified number of
hours may be balanced over a roster cycle, provided that the average weekly
hours worked shall be deemed to be the specified number of hours for the
purposes of accrual of leave provided for by this award. Provided further that
there shall be no interruption to the continuity of employment merely by reason
of an employee working on a "week-on", "week-off" basis in
accordance with this sub-clause.
(iv) Employees
engaged under this clause shall be entitled to all other benefits of the Award
not otherwise expressly provided for herein in the same proportion as their
ordinary hours of work bear to full-time hours.
(v) All time
worked by permanent part-time employees in excess of the total rostered daily
ordinary hours of work prescribed for the majority of full-time employees
employed on that shift in the ward or section concerned shall be paid for at
the rate of time and one half for the first two hours and double time
thereafter except that on Sundays such overtime shall be paid for at the rate
of double time.
(vi) Time worked up
to the total rostered daily ordinary hours of work prescribed for a majority of
the full-time employees employed on that shift in the ward or section concerned
shall not be regarded as overtime but an extension of the contract hours for that
day and shall be paid at the ordinary rate of pay.
Part 2 - Part-Time Employees -
(i) Persons
employed on a part-time basis, other than on a permanent part-time basis as
outlined in Part 1 of this Clause, may be employed for not less than eight or
more than 30 hours in any full week of seven days, such week to be coincidental
with the pay period of each hospital respectively, 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 (in the case of Radiographers the calculation would be one thirty-fifth
of the appropriate rate plus 15 per centum thereof).
(ii) In an
emergency part-time employees may be allowed to work more than 30 hours in one
week and in such case will be paid for the hours actually worked at a rate
calculated in accordance with sub-clause (i) of this part.
(iii) With respect
to employees employed as part-time workers the provisions of subclauses (vi) to
(xi) of Clause 3, Hours, shall not apply.
(iv) All time
worked by part-time employees in excess of the total rostered daily ordinary
hours of work prescribed for the majority of full-time employees employed on
that shift in the ward or section concerned shall be paid for at the rate of
time and one half for the first two hours and double time thereafter except
that on Sundays such overtime shall be paid for at the rate of double time.
(v) Time worked up
to the total rostered daily ordinary hours of work prescribed for a majority of
the full-time employees employed on that shift in the ward or section concerned
shall not be regarded as overtime but an extension of the contract hours for
that day and shall be paid at the ordinary rate of pay.
(vi) With respect to
employees employed as part-time workers the provisions of Clause 9, Overtime,
except where provided in sub-clauses (iv) and (v) of this part, shall not
apply.
(vii) Temporary
employees called to work on an ad hoc basis in base grade positions shall at the
completion of 12 months’ continuous service, be given priority one for
appointment to permanent part-time or permanent full-time positions with the
employing Health Service. For the purpose of this subclause continuous service
shall be where an employee has worked a minimum of one shift per week.
7. Board and Lodging
(i) Deductions
from the salary rates prescribed in the awards to which these conditions apply
shall be made for board and lodgings provided such deductions are to be as
agreed between the Health Service and the Union.
(ii) Sub-clause
(i) shall not have effect until agreement is made between the Union and the
Health Service. In the intervening
period deductions from the rates prescribed in the awards to which these conditions
apply are authorised as follows where board and/or lodgings are supplied:
(a) For board - as
set out in Item 3 of Table 1 - Other Rates and Allowances, of Part B, Monetary
Rates, for breakfast and for each other meal; provided that the maximum sum
that may be deducted in any one week in the case of an employee entitled to
full board shall be as set out in the said Item 3.
(b) For lodging -
as set out in Item 4 of the said Table
1 where the employee is provided with a separate bedroom and as set in the said
Item 4 where the employee is required to share a bedroom.
(iii) No deduction
shall be made from the wages of an employee for board or lodging when the
employee is absent from the hospital on annual, sick or long service leave.
8. Relieving Other
Members of Staff and Mixed Functions
(i) An employee,
when called upon by the employer to perform work of a classification paid on a
higher scale, shall be paid for the time so spent the rate prescribed for the
classification of the employee so relieved on the following basis:
(a) Where the time
so spent is more than two hours on any day or shift such employee shall be paid
the higher rate for such day or shift.
(b) If for two
hours or less during one day, such employee shall be paid the higher rate for
the time so worked, provided that if an employee is required to act as leading
hand at the commencement of a day or shift, he/she shall be paid the
appropriate allowance for the whole of such day or shift.
(ii) This clause
shall not apply when an employee in a higher grade is absent from duty by
reason of his/her allocated day off duty as a consequence of working a 38-hour
week.
(iii) Sub-clause
(i) of this clause shall not apply where the position being relieved is covered
by the Health Managers (State) Award. In such cases payment should be made on
the following basis:
If an employee is directed to relieve for a period of
one week or more, on any one occasion, an employee who is in a higher manager
level, the employer must pay the relieving employee, for the period of relief,
not less than the minimum of the salary band for the senior employee's level,
provided that:
(a) If, in the
employer's opinion, the relieving employee merits a higher salary, the employer
may pay the relieving employee more than the minimum of the salary band for the
senior employee's level; or
(b) If the
relieving employee's normal salary is equal to or more than the minimum of the
salary band for the senior employee's level, the employer must pay the
relieving employee a rate which is not less than the midpoint between the
relieving employee's normal salary and the senior employee's normal salary.
(c) Where the
relieving person is in the same salary band, he/she shall be paid not less than
the midpoint between the salary of the relieving officer and the salary of the
person relieved.
(d) Where the
relieving manager performs less than the full range of duties of the senior
manager, the relieving person shall receive an increase in salary, that increase
to be negotiated between the employee and employer.
9. Overtime
(i) The
provisions of this clause shall not apply to persons employed as Health Manager
Level 5 and above.
(ii) Employees are
expected to work reasonable overtime.
(iii) All time
worked by employees outside the ordinary hours in accordance with clause 3,
Hours, and clause 4, Roster of Hours, shall be paid at the rate of time and one
half up to 2 hours each day and thereafter at the rate of double time;
provided, however, that all overtime worked on Sunday shall be paid for at the
rate of double time and all overtime worked on public holidays shall be paid
for at the rate of double time and one half.
(iv) Employees
recalled to work overtime after leaving the employer's premises, whether
notified before or after leaving the premises, shall be paid for a minimum of
four hours’ work at the appropriate rate for each time he/she is so recalled;
provided that, except in unforeseen circumstances arising, an employee shall
not be required to work the full minimum number of hours prescribed above if
the job he/she was recalled to perform is completed within a shorter period.
(v) An employee
recalled to work overtime as prescribed by subclause (ii), of this clause shall
be paid all fares and expenses reasonably incurred in travelling to and from
her/his place of work.
Provided further that where an employee elects to use
her/his own mode of transport, he/she shall be paid an allowance equivalent to
the Transport Allowance specified by clause 50 of the Public Sector Employment
and Management (General) Regulation, 1996 as varied from time to time.
(vi) When overtime
work is necessary it shall wherever reasonably practical be so arranged that
employees have at least eight consecutive hours off duty between the work on
successive days or shifts.
(vii) An employee
who works so much overtime:
(a) between the
termination of his/her ordinary work on any day or shift and the commencement
of his/her ordinary work on the next day or shift that he/she has not had at
least eight consecutive hours off duty between these times; or
(b) on a Saturday,
a Sunday and a holiday, not being ordinary working days, or on a rostered day
off without having had eight consecutive hours off duty in the twenty-four
hours preceding his/her ordinary commencing time on his/her next day or shift.
Shall, subject to this subclause, be released after
completion of such overtime until he/she has had eight consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence. If on the instruction of his/her employer such an employee resumes or
continues to work without having had such eight consecutive hours off duty
he/she shall be paid double time until he/she is released from duty for such period
and he/she then shall be entitled to be absent until he/she has had eight
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(viii) For the
purposes of assessing overtime each day shall stand alone, provided however
that where any one period of overtime is continuous and extends beyond
midnight, all overtime hours in this period shall be regarded as if they had
occurred within the one day.
(ix) When an employee
works overtime as an extension of shift and ceases work at a time when
reasonable means of transport home are not available, he/she shall be paid at
ordinary time for the time reasonably spent travelling from the hospital to the
employee's home with a maximum payment of one hour.
This subclause shall not apply in the case of call-back
or where the employee has his/her own vehicle available for conveyance home.
(x) Employees,
other than those employees not entitled to overtime as outlined in sub-clause
(i) of this clause, who work approved overtime outside normal rostered ordinary
hours may be compensated by way of time off in lieu of overtime subject to the
following provisos:
(a) Time off in
lieu must be taken, within three months of it being accrued, at ordinary rates.
(b) Where it is
not possible for an employee to take the time off in lieu within the
three-month period, it is to be paid out at the appropriate overtime rate based
on the rates of pay applying at the time payment is made.
(c) The accrual
and taking of time in lieu of overtime will be conditional on mutual agreement
of the employee and the respective manager.
(d) Records of all
time off in lieu owing to and taken by employees must be maintained by the
employer.
(e) The parties recognise
that the option of time off in lieu of overtime will not be possible in all
settings and circumstances. Where it is not possible, overtime payment
provisions will apply.
(f) The parties
agree to work together to establish strategies, policies and procedures to
maximise the use of time in lieu and opportunity for time in lieu to be taken
within the specified three-month period.
10. On Call
(i) The payment
of an allowance under the provisions of this clause shall not apply to persons
employed as Health Manager Level 5 and above.
(ii) The Health
Service shall advise all employees and the Union of any proposal to introduce
an on call roster, including the proposed details of the roster.
(iii) An employee
required by his or her employer to be on call, otherwise than as provided in
subclause (iv) of this clause, shall be paid the allowance set out in Item 5 of
Table 1-Other Rates and Allowances, of Part B, Monetary Rates, for each period
of 24 hours or part thereof, provided that only one allowance shall be payable
in any period of 24 hours.
(iv) An employee
required to be on call on rostered days off shall be paid the allowance set out
in Item 6 of the said Table 1 for each period of 24 hours or part thereof,
provided that only one allowance shall be payable in any period of 24 hours.
(v) On-call
rostering arrangements shall be determined in consultation with affected
employees and having regard to the availability and training of employees
placed on the on-call roster. Such arrangements should also have regard to
particular local geographical concerns and travelling distances involved.
(vi) Wherever
possible the Health Service shall supply a mobile telephone and or pager to an
employee rostered on call.
(vii) Where provided
with a mobile telephone or pager a rostered employee must remain near the
mobile telephone, which must remain switched on unless a pager has been
provided. Alternatively, an employee not provided with a mobile telephone or
pager must remain available via their home telephone. A rostered employee shall
be available to answer calls personally and must not utilise an answering
machine.
(viii) An employee
rostered on call must contact the hospital immediately it becomes known that the
employee shall be unavailable for rostered duty.
(ix) The employee
must be able to respond appropriately within a reasonable time frame as
determined by the Health Service/Hospital.
(x) Where
appropriate an employee rostered on call may be provided with a Health Service
motor vehicle.
(xi) The Health
Service shall ensure that all employees who participate in the after hours
service are provided with any training necessary to respond effectively to
calls received.
11. Penalty Rates for
Shift Work and Week-end Work
(i) The
provisions of this clause shall not apply to persons employed under the Health
Managers (State) Award.
(ii) Shift workers
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift, provided however, the laundry
staff working afternoon or night shift, shall be paid 20 per cent in addition
to the rates prescribed for employees of the corresponding classifications
working day shift; provided that part-time and permanent part-time employees
who work less than 38 hours per week shall only be entitled to the additional
rates where their shifts commence prior to 6.00 a.m. or finish subsequent to
6.00 p.m.
Afternoon shift commencing at 10.00 a.m. and before
1.00 p.m. - 10 per cent
Afternoon shift commencing at 1.00 p.m. and before 4.00
p.m. - 12.5 per cent
Night shift commencing at 4.00 p.m. and before 4.00
a.m. - 15 per cent
Night shift commencing at 4.00 a.m. and before 6.00
a.m. - 10 per cent
(iii) 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 a.m. and before 10.00 a.m.
"Afternoon shift" means a shift which
commences at or after 10.00 a.m. and before 4.00 p.m.
"Night shift" means a shift which commences
at or after 4.00 p.m. and before 6.00 a.m. on the day following.
(iv) Employees
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 premiums prescribed in the preceding sub-clause (ii), of this
clause.
The foregoing paragraph shall apply to part time
workers but such workers shall not be entitled to be paid, in addition, the
allowance of 15 per cent prescribed in subclause (ii) of Part 2 of clause 6,
Permanent Part-time and Part-time
Employees, in respect of their employment between midnight on Friday and
midnight on Sunday.
(v) Employees
working a broken shift shall be paid an additional amount as set out in item 7
of Table 1-Other Rates and Allowances, of Part B, Monetary Rates, for each
broken shift and the period of time between the commencement and termination of
such shift shall not exceed 12 hours.
12. Special Working
Conditions
(i) The
provisions of this clause shall not apply to persons employed under the Health
Managers (State) Award.
(ii) An employee
other than a post-mortem assistant:
(a) Who is
required to assist in post mortems shall be paid, in addition to his/her
ordinary salary, an allowance as set out in Item 8 of Table 1 - Other Rates and
Allowances, of Part B, Monetary Rates,
for each post-mortem.
(b) When
employees, including post-mortem assistants, are required to attend police
post- mortems outside of ordinary working hours they shall be entitled to
payment of the allowances as set out in Item 9 of the said Table 1, or the normal overtime provisions of this
award, whichever is the greater.
(c) When
employees, excluding post-mortem assistants, are required to assist at police
post-mortems during ordinary working hours, they shall be entitled to payment
of an allowance as set out in Item 10 of Table 1.
(d) Employees
shall be paid an allowance as set out in Item 11 of Table 1 in respect of each
police post-mortem examination performed on a partly decomposed or vermin-
infested body.
(iii) Employees
shall be paid an allowance as set out in Item 12 of Table 1 for each shift or
part thereof during which they are engaged in handling linen of a nauseous
nature other than linen sealed in bags.
(iv) Employees
engaged on refuse disposal and/or sorting for incinerators or furnaces shall be
paid an additional amount as set out in Item 13 of Table 1.
(v)
(a) Employees
shall receive an additional duties allowance per week as set out in Item 14 of
Table 1 for appropriate duties involved in the maintenance and supervision of
swimming pools, pest control duties on a continuing basis, driving tractors
(other than drivers) maintenance of bowling greens and sporting ovals.
(b) Employees
regularly required to perform work on sewerage works and grease traps or other
duties considered offensive by the Department of Health, shall be paid an
allowance at the rate as set out in Item 15 of Table 1 per week. The allowance is not automatically adjusted
in the future.
(c) Employees
required to assist in cleaning sewerage chokages and who are required to assist
in opening up any soil pipe, waste pipe, drain pipe, or pump containing
sewerage or who are required to work in a septic tank in operation, shall be
paid an allowance as set out in Item 16 of Table 1.
(vi) An employee
required to wear a lead apron shall be paid an allowance as set out in Item 17
of Table 1 for each hour or part thereof that he/she is required to wear the
said apron. This subclause shall not apply
to employees engaged under the Health Employees’ Technical (State) Award.
(vii) An employee
who is required to handle and be responsible for monies and issuing receipts
for same, shall be paid a weekly allowance in the nature of salary as set out
in Item 18 of Table 1. This subclause shall not apply to employees whose
ordinary weekly rate of pay is in excess of that prescribed from time to time
for an Administration Officer Level 1, Year 5, under the Health Employees"
Administrative Staff (State) Award.
(viii) Employees
engaged under the Health Employees' (State) Award and the Health Employees
Engineers' (State) Award shall be paid the amounts prescribed from time to time
under clause 10, Special Rates, of the Public Hospital Employees' Skilled Trades
(State) Award published 12 November 1980 (219 IG 1861), as varied, when working
in situations where the disability encountered is not normally encountered by
employees of that classification as follows:
(a) Cold Places -
Employees working in places where the temperature is reduced by artificial
means below 0 degrees Celsius shall be paid as set out in Item 19 of Table 1
per hour extra. Where the work
continues for more than two hours, employees shall be entitled to a rest period
of 20 minutes every two hours without loss of pay.
(b) Confined
Spaces - Employees working in places the dimensions or nature of which
necessitate working in a stooped or cramped position or without sufficient
ventilation, shall be paid as set out in Item 20 of Table 1 per hour extra.
(c) Dirty Work -
Work which a supervisor and employee agree is of a dirty or offensive nature by
comparison with the work normally encountered in the classification concerned
and for which no other special rates are prescribed, shall be paid for by an
additional amount at the rate as set out in Item 21 of Table 1 per hour above
the rate prescribed by this award.
(d) Height Money -
Employees working at a height of 7.5 metres from the ground, deck, floor or
water shall be paid as set out in Item 22 of Table 1 per hour extra. Height shall be calculated from where it is
necessary for the employee to place his/her hands or tools in order to carry
out the work to such ground, floor, deck or water. For the purpose of this subclause, deck or floor means a
substantial structure which, even though temporary, is sufficient to protect an
employee from falling any further distance.
Water level means, in tidal waters, mean water level. This subclause
shall not apply to employees working on a suitable scaffold erected in
accordance with the Scaffolding and Lifts Acts, 1912.
(e) Hot Places -
Employees working in the shade in places where the temperature is raised by
artificial means to between 46 degrees Celsius and 54 degrees Celsius shall be
paid as set out in Item 23 of Table 1 per hour extra; in places where the
temperature exceeds 54 degrees Celsius such employees shall be paid as set out
in the said Item 23 per hour extra.
Where work continues for more than two hours in temperatures exceeding
54 degrees Celsius, employees shall also be entitled to 20 minutes' rest after
every two hours' work, without deduction of pay. The temperature shall be decided by the supervisor of the work
after consultation with the employees who claim the extra rate.
(f)
(1) Insulation
Material - An employee who is called upon to handle charcoal, pumice,
granulated ork, silicate of cotton, insulwool, slagwool, fibre glass or mineral
wool or other recognised insulating material of a like nature or an employee in
the vicinity of such work shall be paid as set out in Item 24 of Table 1 whilst
so engaged.
(2) Asbestos - An
employee required to work with any materials containing asbestos or to work in
close proximity to employees using such materials shall be provided with, and shall
use, all necessary safeguards as required by the appropriate occupational
health authority and, where such safeguards include the mandatory wearing of
protective equipment, such employees shall be paid as set out in Item 25 of
Table 1 per hour whilst so engaged.
(g) Smoke-boxes,
etc. - Employees working on repairs to smoke-boxes, furnaces or flues of
boilers shall be paid as set out in Item 26 of Table 1 per hour extra; provided
that an employee engaged on repairs to oil fired boilers, including the casings,
uptakes and funnels, or flues and smoke stacks, shall, while working inside
such boiler, be paid as set out in the said Item 26 per hour extra.
(h) Wet Places -
(1) An employee
working in a place where water other than rain is falling so that his/her
clothing shall be appreciably wet and/or water, oil or mud underfoot is
sufficient to saturate his/her boots shall be paid as set out in Item 27 of
Table 1 per hour extra; provided that this extra rate shall not be payable in
respect to an employee who is provided with suitable and effective protective
clothing and/or footwear. An employee
who becomes entitled to this extra rate shall be paid such rate for such part
of the day or shift as he/she is required to work in wet clothing or boots.
(2) Where an
employee is required to work in the rain he/she shall be paid as set out in
Item 27 per hour extra for time so worked.
(i) An employee
called upon to work knee-deep in mud or water, shall be paid at the rate set
out in Item 28 of Table 1 per day in addition to ordinary rates of pay
prescribed for each day or portion thereof so worked; provided that this
subclause shall not apply to an employee who is provided with suitable
protective clothing and/or footwear.
(j) Acid
Furnaces, Stills, etc - An employee engaged on the construction or alteration
or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and
similar refractory work shall be paid as set out in Item 29 of Table 1 per
hour. This additional rate shall be
regarded as part of the wage rate for all purposes.
(k) Depth Money -
An employee engaged in tunnels, cylinders, caissons, coffer dams and sewer work
and in underground shafts exceeding 3 metres in depth shall be paid as set out
in Item 30 of Table 1 per hour.
(l) Swinging
Scaffolds -
(1) An employee,
working in a bosun's chair or on a swinging scaffold shall be paid as set out
in Item 31 of Table 1 for the first four hours whilst so engaged thence as set
out in the said Item 31 per hour thereafter.
(2) An employee
shall not raise or lower a bosun's chair or swinging scaffold alone and an
employer shall not require an employee to raise or lower a bosun's chair or
swinging scaffold alone.
(m) Spray
Application - An employee engaged on all spray applications carried out in
other than a properly constructed booth, approved by the Department of
Industrial Relations shall be paid as set out in Item 32 of Table 1 per hour
extra.
(n) Roof Work -
Employees engaged in the fixing or repairing of a roof or any other work in
excess of 12 metres from the nearest floor level shall be paid as set out in
Item 33 of Table 1 per hour extra with a minimum payment as set out in the said
Item 32 per day.
(o) Explosive
Powered Tools - Employees required to use explosive powered tools shall be paid
as set out in Item 34 of Table 1 per day.
(p) Morgues - An
employee other than a post-mortem assistant required to work in a morgue shall
be paid an extra rate as set out in Item 35 of Table 1 per hour whilst so
employed.
(q) Toxic and Noxious
Substances -
(1) An employee
engaged in either the preparation and/or the application of toxic or epoxy
based materials or materials of a like nature shall be paid as set out in Item
36 of Table 1 per hour extra.
(2) In addition,
employees applying such material in buildings which are normally
air-conditioned shall be paid as set out in Item 37 of Table 1 per hour extra
for any time worked when the air conditioning plant is not operating.
(3) Where there is
an absence of adequate natural ventilation, the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator
and in addition protective clothing shall be supplied where recommended by the
Corporation.
(4) Employees
working in close proximity to employees so engaged shall be paid as set out in
Item 38 of Table 1 per hour extra.
(5) For the
purpose of this clause, all materials which are toxic or which include, or
require the addition of a catalyst hardener and reactive additives or two pack
catalyst system shall be deemed to be materials of a like nature.
(r) Employees
working in areas accommodating psychiatric patients shall be paid as set out in
Item 39 of Table 1 per hour whilst so engaged.
The above allowance shall not apply to persons employed
under the terms of the Health Employees (State) Award unless such employees are
engaged in work in such areas according to the direction of Tradesmen or
Engineers or assisting such persons in the ordinary performance of their work.
(s) Geriatric
Allowance - Employees working or required to work in the following hospitals:
Allandale and Garrawarra, shall be paid an allowance as set out in Item 40 of
Table 1 per hour and those working or required to work at Lidcombe Hospital
shall be paid as set out in Item 40 per hour in addition to all other rates
payable under this award.
Provided that the allowance prescribed by this
paragraph shall not be taken into consideration in the calculation of overtime
or other penalty rates.
The above allowance shall not apply to persons employed
under the terms of the Health Employees (State) Award unless such employees are
engaged in work in such areas according to the direction of Tradesmen or
Engineers or assisting such persons in the ordinary performance of their work.
Provided further that the above disability allowance
shall apply to positions under the Health Employees’ Engineers (State) Award
where the allowance applied to such positions prior to 1 July, 1989.
(t) Mental
Institution Allowance - An allowance as set out in Item 41 of Table 1 per hour
in addition to all other rates payable under this award shall be paid to those
persons employed in psychiatric hospitals (formerly 5th Schedule hospitals)
where the above allowance applied to the position prior to 1 July, 1989.
(u) Animal House -
An employee other than an animal technician or an animal attendant required to
work in an animal house shall be paid as set out in Item 42 of Table 1 per hour
whilst so engaged.
(v) Rates not subject
to Penalty Provisions - The special rates herein prescribed shall be paid
irrespective of the times at which the work is performed, and shall not be
subject to any premium or penalty conditions.
(w) Extra Rate Not
Cumulative - When more than one of the above rates provide payment for
disabilities of substantially the same nature then only the highest of such
rates shall be payable.
(ix) Apprentices
shall be paid each week a tool allowance as set out in item 43 of Table 1.
(a) Provided that
where the employer supplies the apprentice with all necessary tools to use in
his or her trade (such tools to remain the property of the employer) the
provisions of this subclause shall not apply.
(b) Provided that
where tool allowance is paid to apprentices, the employer may from time to time
inspect tools provided by any apprentice, and if not satisfied that reasonable
tools are being provided and kept in serviceable condition, having regard to
the quantum of tool allowance paid, may furnish or render serviceable such
tools and deduct the cost thereof from tool allowance pay thereafter becoming
due.
(x) Apprentices
and Adult Apprentices attending College for training shall be entitled to fares
to and from home to college.
(xi) Proportion of
apprentices to cooks or gardeners, as the case may be shall not exceed one
apprentice to three tradespersons or fraction thereof. Such proportion is to be
calculated on the average number of tradespersons employed for the preceding
six calendar months.
13. Excess Fares and
Travelling
For the purpose of this clause accustomed place of work
shall mean the site or campus where an employee is regularly required to
commence duty by the employer.
(i) An employee
shall be required to proceed to the accustomed place of work and return home
once on each ordinary working day or shift in the employee's own time and at
the employee's own expense.
(ii)
(a) Where an
employee is directed to report for duty to a place of work other than the
employee's accustomed place of work the employee shall travel to and from the
alternative place of work in the employer's time for those periods in excess of
time normally taken to travel to and from the accustomed place of work.
(b) If the excess
of travelling time on a particular day or shift is greater than the prescribed
ordinary hours of duty for the particular category of staff for that day or
shift, then the excess of hours shall be paid at the ordinary rate of pay to
the extent of the excess of travelling time.
(c) Fares incurred
by such employee in excess of the fares normally incurred in travelling to the
employee's accustomed place of work and returning home from the accustomed
place of work, shall be reimbursed.
(d) Where the employee
is required to report to an alternative place of work and has the prior
approval of the employer to travel by his/her own mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance
will be as prescribed from time to time by clause 50 of the Public Sector
Employment and Management (General) Regulation, 1996.
(iii)
(a) Where an
employer has determined that an employee or employees should report to a new
accustomed place of work on a permanent basis, the decision must be discussed
with the affected employee(s) and the local branch of the union prior to notice
of changed accustomed place of work being given.
(b) The employer
shall give the employee reasonable notice of the requirement to report to a new
accustomed place of work. For the
purpose of this subclause "reasonable notice" shall be one calendar
month prior to the date the employee is first required to report to the new
accustomed place of work.
(c) Where the
accustomed place of work is changed on a permanent basis by the employer, the
employee shall report to the new accustomed place of work on the date specified
by the employer.
(d) If there is
disagreement about such decision after such discussion or if a significant
number of employees are involved, the matter should be referred to the Health
Service, which will discuss the matter with the Union and will determine the
date upon which notice will be given the employee(s).
(iv)
(a) The provisions
of this clause shall not apply to an employee appointed to regularly perform
relief duties or to employees specifically employed to perform duties at more
than one place of work except as provided in paragraph (b) hereunder of this
subclause.
(b) If a reliever
incurs fares in excess of $5.00* per day in travelling to and from the relief
site, the excess shall be reimbursed.
* Where a reliever, with the prior approval of the
employer, travels by his/her own mode of conveyance and incurs travelling costs
in excess of $5.00 per day to and from the relief site, such excess shall be
reimbursed. The rate applicable shall
be the kilometre allowance prescribed from time to time by clause 50 of the
Public Sector Employment and Management (General) Regulation, 1996, less $5.00.
(v) No payment
shall be made under this clause unless the employer is satisfied that the
employee has incurred additional expenditure in having to report to an alternate
place of work, at the direction of the employer.
(vi) Travel, to an
alternative place of work, either by public transport or own mode of
conveyance, shall in all instances be by the most direct route.
14. Meals
(i) Time not exceeding
one hour and not less than thirty minutes shall be allowed for each meal,
provided that where an employee is called upon to work for any portion of the
meal break, such time shall count as ordinary working time.
(ii) An employee
required to work overtime following on the completion of his or her 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.
(iii) An employee
recalled to work overtime after leaving the employer's premises and who is
required to work for more than four 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.
(iv) The meals
referred to in sub-clauses (ii) and (iii) of this clause shall be allowed to
the employee free of charge. Where the
hospital is unable to provide such meals an allowance as set out in Item 44 of
Table 1 of Part B shall be paid to the employee concerned. This allowance shall be varied as the rates
are varied from time to time by the relevant Regulation made under the Public
Sector Employment and Management Act, 2002.
(v) Where an employee
is required to work an overtime shift on his or her rostered day off, or on a
shift changed in accordance with clause 4, Roster of Hours, the appropriate
meal breaks for that shift, as prescribed in subclause (i) of this clause and
subclauses (xii) and (xiii) of clause 3, Hours, shall apply.
(vi) Where
practicable, employees shall not be required to work more than four (4) hours
without a meal break. By agreement between an employer and the majority of
employees in the Department, an employee or employees may be required to work
in excess of four (4) hours but not more than five (5) hours at ordinary rates
of pay without a meal break.
15. Public Holidays
(i)
(a) Public
holidays shall be allowed to employees on full pay. Except as otherwise
provided in this subclause, where an employee is required to and does work on
any of the holidays set out in this subclause, whether for a full shift or not,
the employee shall be paid at time and a half extra for the ordinary rostered
hours of duty on that day. 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.
Provided that, if the employee so elects, he/she may be
paid at half time extra for the ordinary rostered hours and have one day added
to his/her period of annual leave for each public holiday worked in lieu of the
provisions of the preceding paragraph.
Provided further that where an employee is rostered for
a shift which crosses midnight on a public holiday and the total rostered hours
on the public holiday are less than the equivalent of full shift, the shift
will be deemed to have been worked on the day on which the majority of time was
actually worked.
(b) For the
purpose of this clause the following shall be deemed public holidays, viz.: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Christmas Day, Boxing Day, Anzac Day, Queen's Birthday, Labour Day.
(c) Employees,
excluding those employees employed under the Health Managers (State) Award, rostered
off duty on a public holiday shall:
(1) be paid one
day's pay in addition to the weekly rate; or if the employee so elects,
(2) have one day
added to his/her period of annual leave.
(d) the election referred
to in paragraphs (a) and (c) of this subclause is to be made in writing by the
employee at the commencement of each year of employment and is irrevocable
during the currency of that year of employment.
(ii) in addition
to those public holidays specified in paragraph (b) of sub-clause (i) of this
clause, employees are entitled to an extra public holiday each year. Such
public holiday is to be determined by the employer to be taken in the Christmas
New Year period or other suitable period as agreed between the Health Service
and the Union and shall be regarded for all purposes of this clause as any
other public holiday
(iii)
(a) The provisions
of subclauses (i) and (ii) of this clause shall apply to permanent part-time
employees, engaged as set out in Part 1 of clause 6, Permanent Part-time and
Part-time Employees, and those part-time employees engaged as set out in Part 2
of the said clause 6, who work 30 hours per week over five days per week
provided that if such an employee is required to and does work on a public
holiday as defined in subclauses (i) and (ii) of this clause, the employee
shall be paid at the rate of double time and one-half, but such worker shall
not be entitled to be paid in addition the allowance of 15 per cent prescribed
in Part 2 of clause 6 in respect of such work.
(b) Subclauses (i)
and (ii) of this clause shall not apply to other part-time employees engaged
under Part 2 of clause 6, but each such employee who is required to and does
work on a public holiday as defined in the said subclauses (i) and (ii) shall
be paid at the rate of double time and one-half, but such worker shall not be
entitled to be paid, in addition, the allowance of 15 per cent prescribed in
Part 2 of clause 6, in respect of such work.
16. Annual Leave
(i) Entitlement
to Annual Leave
(a) All employees:
See Annual Holidays Act, 1944.
(b) This paragraph
and its subparagraphs shall apply to full-time employees and permanent
part-time employees except for those employees employed under the Health Managers
(State) Award.
(1) Employees who
are rostered to work and do work on 35 or more ordinary hours shifts occurring
on Sundays and/or public holidays during a qualifying period of employment for
annual leave purposes, shall be entitled to receive one week additional annual
leave.
(2) Employees who
are rostered to work and do work less than 35 ordinary hours shifts occurring
on Sundays and/or public holidays during a qualifying period of employment for
annual leave purposes, shall be entitled to receive a proportion of one week
additional annual leave calculated on the basis of 38 hours of additional
annual leave for 35 such shifts worked.
(3) Employees who
work less than 38 hours per week and who are rostered to work and do work less than
35 ordinary hours shifts occurring on Sundays and/or public holidays during a
qualifying period of employment for annual leave purposes, shall be entitled to
receive a proportion of one week additional leave calculated on the basis of
the number of ordinary weekly hours of additional annual leave for 35 such
shifts worked.
(4) The
calculations referred to in subparagraph (3) above shall be made to the nearest
one-fifth of the ordinary hours worked, half or more than half of one-fifth
being regarded as one-fifth and less than half being disregarded.
(5) Provided that
an employee, entitled to additional annual leave pursuant to subparagraphs (1),
(2) and (3) above, may elect to be paid an amount equivalent to the value of
his or her additional leave entitlement, in lieu of taking the additional
leave. Such election is to be made in writing by the employee at the
commencement of each year of employment and is irrevocable during the currency
of the year of employment.
(ii) On
termination of employment, employees shall be entitled to payment for any
untaken annual leave entitlements pursuant to subclause (i) of this clause and
subclause (i) of Clause 15, Public Holidays, together with payment for any
untaken leave in respect of an uncompleted year of employment, calculated in
accordance with paragraphs (a) and (b) of subclause (i) of this clause.
(iii) The employer
shall give to each employee three months' notice where practicable and not less
than one month's notice of the date upon which the employee shall enter upon
annual leave.
(iv) Entitlement to
Annual Leave Loading or Shift Allowances and Weekend Penalties
(a) Employees who
become entitled to take and do take annual leave pursuant to paragraph (a) of
subclause (i) of this clause (that is, the annual leave entitlement of four
weeks per annum pursuant to the Annual Holidays Act 1944) shall be paid
ordinary salary plus either:
(1) an annual
leave loading in respect of that entitlement equivalent to 17 ½ % of four weeks
ordinary salary, not exceeding $ (amount equivalent to 17½ of four weeks
ordinary salary for maximum Clerk Grade 12 Public Servant as varied from time
to time), or;
(2) in the case of
a shiftworker who would have earned ordinary time shift allowances and weekend
penalties in excess of the amount of annual leave loading indicated in
subparagraph (1) above of this paragraph had he/she not taken the annual leave;
those shift allowances and weekend penalties relating to ordinary time the
employee would have earned had he/she not taken the annual leave (provided that shift allowances and weekend
penalties shall not be payable for public holidays which occur during a period
of annual leave).
(b) In respect of
an employee who becomes entitled to take annual leave pursuant to paragraph (a)
of subclause (i) of this clause (that is, the annual leave entitlement of four
weeks per annum pursuant to the Annual Holidays Act 1944), and takes
that annual leave in broken periods; both the annual leave loading and the
maximum amount referred to in subparagraph (1) of paragraph (a) of this
subclause are to be calculated pro rata for the broken period being taken in
the same proportion as the period being taken bears to four weeks. The
resultant amount of annual leave loading calculated for the broken period of
annual leave, not exceeding that maximum amount calculated for the same broken
period, is to be paid to the employee in addition to ordinary salary for the
period.
(c) In respect of
a shiftworker, who becomes entitled to take annual leave pursuant to paragraph
(a) of subclause (i) of this clause (that is, the annual leave entitlement of
four weeks per annum pursuant to the Annual Holidays Act 1944), and who takes
that annual leave in broken periods, the entitlement to annual leave loading
and maximum amount are to be calculated in the same pay as indicated in
paragraph (b) of this subclause for the period of annual leave being taken and
compared with the ordinary time shift allowances and weekend penalties the
employee would have earned had he/she not taken the annual leave (provided that
shift allowances and weekend penalties shall not be payable for public holidays
which occur during the period of annual leave), and the greater of either the
calculated annual leave loading (not exceeding the calculated maximum amount)
or ordinary time shift allowances and weekend penalties is to be paid to the
employee in addition to ordinary salary for the period.
(d) The
entitlement to annual leave loading or shift allowances and weekend penalties
referred to in paragraphs (a), (b), and (c) of this subclause are to be
calculated and paid at the same time as the annual leave is paid.
(e) Annual leave
loading is to be calculated at the rate of ordinary salary payable when the
annual leave is taken (except as provided for in paragraph (f) below), and
excludes allowances, penalty or disability rates, commission, bonuses,
incentive payments or overtime rates etc. Where the ordinary rate payable
changes effective from a date falling within a period of annual leave, the changed
rate is to be taken into account, and if necessary, adjustments calculated and
corrections to pay made.
(f) No annual
leave loading is payable to an employee who takes annual leave wholly or partly
in advance of becoming entitled to such annual leave, except if his/her
employment continues until the day he/she would have become entitled to take
such annual leave, in which case the loading then becomes payable on that day
(calculated on rates applicable on that day) in respect of the period/s of annual
leave already taken that the loading would have applied to had the annual leave
not been taken wholly or partly in advance. Shiftworkers already paid ordinary
time shift allowances and weekend penalties in respect of annual leave taken
wholly or partly in advance are not eligible to be paid loading under this
paragraph.
(g) No annual
leave loading or shift allowances and weekend penalties are payable to an
employee who is paid the monetary value of annual leave to his/her credit on resignation
(not including retirement), except as provided for in paragraph (i) below.
(h) Upon the
retirement of an employee or upon the termination by the employer of an
employee for any reason other than misconduct, the employee shall be paid
annual leave loading on that annual leave which he/she had become entitled to
take that the loading would have applied to had the annual leave been taken.
(i) Where an
employee transfers from one hospital to another and commences work at the
latter hospital on the next working day following his/her resignation from the
former hospital, and, his/her present and proposed employers have agreed that
the employee is allowed to retain his/her credit to annual leave in lieu of the
payment of its monetary value, the employee shall be eligible for annual leave
loading for that year on that annual leave that the loading applies to as if he
had not resigned from the former hospital.
(j) In respect of
that additional annual leave accrued by virtue of being rostered to work and
working ordinary hours shifts on Sundays and/or Public Holidays pursuant to
paragraph (b) of subclause (i) of this clause; No annual leave loading is
payable. Shiftworkers are to be paid, in addition to ordinary salary for such
annual leave period/s, the ordinary time shift allowances and weekend penalties
the employee would have earned had he/she not taken the annual leave (provided
that shift allowances and weekend penalties shall not be payable for public
holidays which occur during a period of annual leave).
(k) In respect of
that annual leave elected to be accrued pursuant to the provisions of Clause
15, Public Holidays, no annual leave loading or shift allowances and weekend
penalties are payable.
(v) Students and
trainees who are employed for the purpose of completing a training course
leading to a qualification which would allow the employee to be employed in a
trained capacity, but who are then not employed by the hospital at the
completion of the training period in the trained capacity, and medical officers
who are not given the opportunity to renew their contract of employment at the
end of the training period or at the end of the annual appointment, are deemed
to have had their services terminated by the hospital for a reason other than
misconduct (unless transferring pursuant to paragraph (i) of subclause (iv) of
this clause) for the purposes of annual leave loading. In such circumstances
the trainee, student or medical officer is entitled to the payment of the
annual leave loading in the same way as for other employees and in accordance
with subclauses (i)(a), (ii), (iii) and (iv) of this clause, excepting that
annual leave loading is not payable to trainees who are paid by way of
allowance and not by salary or wages.
17. Long Service
Leave
(i)
(a) Each employee
shall be entitled to two months long service leave on full pay after ten years
of service; thereafter additional long service shall accrue on the basis of
five months long service leave on full pay for each ten years service.
Employees with at least seven years service and less
than 10 years service are entitled, proportionate to his or her length of
service, to proceed on a proportionate period of long service leave on the
basis of two months' long service leave for ten years' service on full pay.
(b) Where the
services of an employee with at least five years service and less than seven
years service are terminated by the employer for any reason other than the
employee's serious and wilful misconduct, or by the employee on account of
illness, incapacity or domestic or other pressing necessity, he/she shall be
entitled to be paid a proportionate amount for long service leave on the basis
of two months' long service leave for ten years' service.
Where the services of an employee with at least seven
years and less than 10 years service are terminated by the employer or by the
employee, he/she shall be entitled to be paid a proportionate amount for long
service leave on the basis of two months' long service leave for ten years'
service. Where the services of an employee with at least 10 years service are
terminated by the employer or by the employee, he/she shall be entitled to be
paid on the basis of two months' long service leave for ten years' service and
thereafter on the basis of five months long service leave for each ten years
service.
(ii) For the
purposes of subclause (i) of this clause:
(a) service shall
mean continuous service in one or more hospitals. For the purpose of this
paragraph, continuous service shall have the same meaning as in the Transferred
Officers’ Extended Leave Act, 1961.
(b) Broken periods
of service in one or more hospitals shall count as service.
(c) Service shall
not include -
(1) any period of leave
without pay, except in the case of employees who have completed at least ten
years service (any period of absence without pay being excluded there from), in
which case service shall include any period of leave without pay, not exceeding
six months, taken after the 1 January, 1973;
(2) any period of
part-time service, except as provided for in subclause (ix) of this clause.
(iii) An employee
with an entitlement to long service leave may elect to access such entitlement:
(a) on full pay;
(b) on half pay;
or
(c) on double pay.
(iv) When an
employee takes long service leave, the leave entitlement will be deducted on
the following basis:
(a) a period of
leave on full pay - the number of days so taken;
(b) a period of
leave on half pay - half the number of days so taken; or
(c) a period of
leave on double pay - twice the number of days so taken.
(v) When taking
long service leave and an employee would otherwise have had a rostered shift
fall on a public holiday during that period, the amount of long service leave
to be deducted is to be reduced by one day for the public holiday.
(vi) Long Service
Leave shall be taken at a time mutually arranged between the employer and the
employee.
(vii)
(a) On the termination
of employment of an employee, otherwise than by his/her death, an employer
shall pay to the employee the monetary value of all long service leave accrued
and not taken at the date of such termination and such monetary value shall be
determined according to the salary payable to the employee at the date of such
termination: provided that where an employee is transferring from one hospital
to another he/she may, if he/she so desires and by agreement with his/her
present employer and his/her proposed employer, be allowed to retain his/her
credit to long service leave in lieu of payment of the monetary value under
this subclause.
(b) Where an
employee who has acquired a right to long service leave, or after having had
five years and less than ten years service dies, the widow or the widower of
such employee, or if there is no such widow or widower, the children of such
employee, or if there is no such widow, widower, or children, such person who,
in the opinion of the employer, was at the time of the death of such employee,
a dependent relative of such employee, shall be entitled to receive the
monetary value of the leave not taken or which would have accrued to such
employee, had his/her services terminated as referred to in paragraph (b) of
subclause (i) of this clause and such monetary value shall be determined
according to the salary payable to the employee at the time of his/her death.
Where there is a guardian of any children entitled
under this paragraph the payment, to which such children are entitled, may be
made to such guardian for their maintenance, education and advancement.
Where there is no person entitled under this paragraph
to receive the monetary value of any leave payable under the foregoing
provisions payment in respect thereof shall be made to the legal personal
representative of such employee.
(viii) The provisions
of subclauses (i) to (v) of this clause shall not apply to part-time employees
who receive an adjusted hourly rate (as defined per clause 6, Part 2, of this
Award). Such employees shall be entitled to long service leave in accordance
with the provisions of the Long Service Leave Act, 1955, and/or HAC
Determination.
(ix) A full-time
employee shall be entitled to have previous part-time service which is the
equivalent of at least two full days' duty per week taken into account for long
service purposes in conjunction with full-time service on the basis of the
proportion that the actual number of hours worked each week bears to forty
hours, provided the part-time service merges without break with the subsequent
full-time service.
A permanent part-time employee shall be entitled to
have previous part-time service which is the equivalent of at least two full
days' duty per week taken into account for long service leave purposes in
conjunction with full-time or permanent part-time service on the basis of the
proportion that the actual number of hours worked each week bears to 35 hours
for Radiographers and 38 hours for other employees, provided that the part-time
service merges without break with the subsequent full-time or permanent
part-time service.
(x) Except as
provided for in subclause (xi) of this clause, rights to long service leave
under this clause shall be in replacement of rights to long service leave, if
any, which at the date of commencement of this award may have accrued or may be
accruing to an employee and shall apply only to persons in the employ of the
employer on or after the date of commencement of this award. Where an employee
has been granted long service leave or has been paid its monetary value prior
to the date of commencement of this award, the employer shall be entitled to
debit such leave against any leave to which the employee may be entitled
pursuant to this clause.
(xi) The following
provisions shall apply only to employees employed in a hospital at the 1
January 1973:
(a) An employee
who -
(1) has had
service in a hospital, to which clause 5, Climatic and Isolation Allowance,
applies, prior to the 1 January 1973;
(2) Is employed in
a hospital, to which the said clause 5 applies, at 1 January 1973 shall be
granted long service leave in accordance with the long service leave provisions
in force prior to the 1st January, 1973, in lieu of the provisions provided by
this award where such benefits are more favourable to the employee.
(b) An employee
employed -
(1) as a part-time
employee at the 1st January 1973 may be allowed to continue to be granted long
service leave in accordance with the long service provisions in force prior to the
1st January 1973 in lieu of the provisions of the Long Service Leave Act
1955, as provided for in sub-clause (viii) of this clause;
(2) on a full-time
basis at 1 January 1973, but who had prior part-time service may be allowed to
continue to be granted long service leave in accordance with the long service
leave provisions in force prior to the 1 January 1973, in lieu of the
provisions provided by this award where such benefits are more favourable to
the employee.
(c) Provided that
full and part-time employees who were employed in a public hospital as at 1
January 1973, and who had or were having service accrued at either time and one
half or double time shall retain the option of having long service leave
entitlements accrue under the old award provisions. This proviso shall apply
regardless of any breaks in the continuity of service.
18. Sick Leave
(i) Full-time
employees - A full-time employee shall be entitled to sick leave on full pay by
allowing 76 rostered ordinary hours of work for each year of continuous
service; provided however, that for Radiographers and trainee Radiographers
such leave shall be allowed on the basis of 70 rostered ordinary hours for each
year of continuous service less any sick leave on full pay already taken
subject to the following conditions:
(a) All periods of
sickness shall be certified to by the Medical Superintendent or a person
approved by the hospital or by a legally qualified Medical Practitioner
approved by the hospital; provided however, that the employer may dispense with
the requirements of a medical certificate where the absence does not exceed two
consecutive days or where in the employers' opinion the circumstances are such
as not to warrant such requirements.
(b) The employer
shall not change the rostered hours of work of an employee fixed by the roster
or rosters applicable to the seven days immediately following the commencement
of sick leave merely by reason of the fact that the employee is on sick leave.
(c) An employee
shall not be entitled to sick leave until after three months’ continuous
service.
(d) Service for
the purpose of this clause, shall mean service in a public hospital and shall
be deemed to have commenced on the date of engagement by a public hospital in
respect of any period of employment with that hospital current at the date of
the commencement of this award in respect of employees then so employed and in
respect of others it shall be deemed to commence on the first day of engagement
by a public hospital after the commencement of this award.
(e) Employees who
are employed by a hospital at the date of the commencement of this award shall
retain to their credit, until exhausted, any accumulation of sick leave to
their credit immediately prior to such date; provided that such credit is not
less than the entitlement otherwise prescribed by this clause.
(f) "Continuous
Service" for the purpose of this clause, shall be calculated in the same
manner as provided under paragraph (a) of subclause (ii) clause 17, Long
Service Leave, excepting that all periods of service in any hospital (providing
such service is not less than three months actual service) shall be counted.
(g) Each employee
shall take all reasonably practicable steps to inform the employer of his or
her inability to attend for duty and as far as possible state the estimated
duration of the absence.
Where practicable such notice shall be given within 24
hours of the commencement of such absence.
(ii) A permanent
part-time or part-time employee shall be entitled to sick leave in the same
proportion of 76 hours as the average weekly hours worked over the preceding 12
months or from the time of the commencement of employment, whichever is the
lesser, bears to 38 ordinary hours of one week. Such entitlement shall be subject to all the above conditions
applying to full-time employees.
(iii) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to accident pay, or workers' compensation; provided,
however, that where an employee is not in receipt of accident pay, an employer
shall pay to an employee, who has sick leave entitlements under this clause,
the difference between the amount received as workers' compensation, and full
pay. The employees' sick leave
entitlement under this clause shall for each week during which such difference
is paid, be reduced by the proportion of hours which the difference bears to
full pay. On the expiration of available sick leave, weekly compensation payments
only shall be payable.
(iv) Subject to the
provision of a satisfactory medical certificate and sick leave being due,
annual leave or long service leave (extended leave) shall be re-credited where
an illness of at least one week's duration occurs during the period of annual
or long service leave provided that the period of leave does not occur prior to
retirement, resignation or termination of services.
19. Payment and
Particulars of Salary
(i) Wages shall
be paid weekly or fortnightly only, except for persons employed under the
Health Managers (State) Award, in which case salary may be paid monthly. Any
changes to the current payment procedures are to be negotiated with the Union.
Provided that for the purpose of adjustments of wages related to alterations in
the basic wage, from time to time effective, the pay period shall be deemed to
be weekly. On each payday the pay shall be made up to a day not more than three
days prior to the day of payment.
(ii) Employees
shall have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee except where
agreement as to another method of payment has been reached between the Union
and the Health Service due to the isolation of the employing hospital. Salaries
shall be deposited by hospitals in sufficient time to ensure that wages are
available for withdrawal by employees no later than pay day provided that this
requirement shall not apply where employees nominate accounts with non-bank
financial institutions which lack the technological or other facilities to
process salary deposits within 24 hours of the hospitals making their deposits
with such financial institutions but in such cases hospitals shall take all
reasonable steps to ensure that the wages of such employees are available for
withdrawal by no later than pay-day.
(iii) Notwithstanding
the provisions of subclause (ii), of this clause, an employee who has been
given one week's notice of termination of employment, in accordance with clause
20, Termination of Employment, of this award, shall be paid all moneys due to
him/her prior to ceasing duty on the last day of employment.
Where an employee is dismissed or his/her services are
terminated without due notice, in accordance with the said clause 20, any
moneys due to him/her shall be paid as soon as possible after such dismissal or
termination but in any case not more than three days thereafter.
(iv) On each pay
day an employee, 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 hours of overtime worked, if
any, the amount of any overtime payment, the amount of any other moneys paid,
and the purpose for which they are paid and the amount of the deductions made
from total earnings and the nature thereof.
(v) Where
retrospective adjustments of wages are paid to employees, such payments where
practical shall be paid as a separate payment to ordinary wages and shall be
contained in a separate pay envelope. Such payment shall be accompanied by a
statement containing particulars as set out in subclause (iv) of this clause.
(vi) Employees
proceeding on Long Service Leave and Annual Leave shall on request be paid in
advance prior to commencing such leave. However, where an employee wishes to
receive their pay on their usual pay day, this shall be done.
20. Termination of
Employment
Employees who are employed under the Health Managers (State)
Award shall be required to give one month’s written notice of termination of
employment. Where termination of such employees is to be notified by the
employer, otherwise than for misconduct, the employee shall be given one
month’s notice, in writing, or one month’s pay in lieu thereof.
For other employees, one week's notice of termination of
employment shall be given by the hospital or the employee, respectively, but
when the conduct of an employee justifies instant dismissal, such notice of
termination of employment shall not apply; provided that should an employee
fail to give the prescribed notice, such employee shall be liable to the
forfeiture of one week's wages. Where
the services of an employee are terminated without due notice he/she shall be
paid one week's salary in lieu thereof.
21. Accommodation and
Amenities
(i) Suitable
dining room accommodation and lavatory conveniences shall be provided for all
resident and non-resident employees.
(ii) In all hospitals
erected after 1 January 1960, dressing room, lockers, hot and cold showers and
conveniences also shall be provided for non-resident employees and, where
practicable, such facilities shall be provided in hospitals erected prior to
that date.
(iii) The following
outlines the minimum standards which should be achieved in all hospitals:
Sanitary Conveniences-
(a) Reasonable
toilet facilities for each sex.
(b) Separate and
distinct conveniences for each sex, together with screened approaches to ensure
privacy. These facilities should be located conveniently to work places, they
should be adequately lighted and ventilated and have floors, walls and ceilings
finished with a smooth faced surface resistant to moisture.
Washing and Bathing Facilities-
(a) Reasonable
washing provision by way of basins of suitable impervious material with hot and
cold water taps supplied.
(b) Reasonable
number of showers with hot and cold water.
Washing and bathing facilities must be adequately
lighted and ventilated and floors, walls and ceilings finished with a smooth-
faced surface resistant to moisture.
These facilities should be incorporated in or
communicated direct with the change room and should not be contained within any
closet block.
Change rooms and Lockers-
(a) Properly
constructed and ventilated change rooms equipped with a locker for each
employee.
(b) Sufficient
seating should be provided.
Dining Room-
(a) Well
constructed, ventilated and adequately lighted dining room(s).
(b) Chairs or other
seating with back rests.
(c) Sufficient
tables and chairs must be provided for all persons who will use the dining room
at any one time.
(d) Facilities for
boiling water, warming and refrigerating food and for washing and storing of
dining utensils should be provided.
Rest Room - A well constructed and adequately lighted
and ventilated rest room or screened off portion of the change room for women.
Such rest room or rest area to be equipped with day bed or couch with mattress,
blankets, pillow and hot water bottle.
(iv) Where major
additions to presently occupied buildings or new buildings are erected within a
presently constituted hospital, the amenities to be provided in such additions
or new buildings shall be the subject of negotiations between the parties.
22. Inspection of
Lockers of Employees
Lockers may only be opened for inspection in the presence of
the employee but in cases where the employee neglects or refuses to be present
or in any circumstances where notice to the employee is impracticable such
inspection may be carried out in the absence of the employee by an officer of
the hospital appointed by the Chief Executive Officer and if practicable an
Union Sub-Branch Officer, otherwise by any two officers of the hospital so
appointed.
23. Uniforms and
Protective Clothing
(i)
(a) Subject to
paragraph (c) of this sub-clause, sufficient serviceable uniforms or overalls
shall be supplied, free of cost, to each employee required to wear them;
provided that any employee to whom a new uniform or part of a uniform has been
supplied by the hospital, who, without good reason, fails to return the
corresponding article last supplied, shall not be entitled to have such article
replaced without payment therefor at a reasonable price in the absence of a
satisfactory reason for the loss of such article or failure to produce such
uniform or part thereof.
(b) An employee on
leaving the service of the hospital shall return any uniform or part thereof supplied
by the hospital which is still in use by that employee immediately prior to
leaving.
(c) In lieu of
supplying a uniform to an employee, the hospital may pay to such employee the
sum set out in Item 45 of Table 1-Other Rates and Allowances, of Part B,
Monetary Rates: provided, however, that if a uniform includes a cardigan or
special type shoe, an additional amount set out in the said Item 45 shall be
paid to such employee.
(d) If the uniform
of an employee is not laundered at the expense of the hospital, an allowance
set out in Item 46 of Table 1 shall be paid to such employee.
(e) The allowances
referred to in (c) and (d) above are payable to part-time employees on the
basis of one fifth of the full weekly allowance for each shift worked in the week.
(ii) Each employee
whose duties require him/her to work out of doors shall be supplied with
overboots. Sufficient raincoats shall also be made available for use by these
employees.
(iii) Each employee
whose duties require him/her to work in a hazardous situation with or near
machinery shall be supplied with appropriate protective clothing and
equipment.
24. Promotions and
Appointments
(i) Promotion
and/or appointment shall be by merit.
(ii) In the case
of an employee or employees disputing a promotion and/or appointment the Union
may refer the matter to a disputes committee established under clause 26,
Dispute Resolution.
(iii) Appointments
and promotions shall be by merit, with the use of eligibility lists in
appropriate cases.
(iv) Eligibility
lists are intended to be used in the following manner:
(a) Health
Service/Hospitals may create eligibility lists for all base grade vacant
positions.
(b) Lists to
operate for six months.
(c) There should
be three lists for Health Service/hospitals
(1) List of
persons willing to perform temporary relief work at short notice;
(2) List for
part-time positions;
(3) List for
full-time positions;
(d) Eligibility
lists should be created in accordance with normal selection criteria taking
account of the following where appropriate:
(1) Priority of
employment guidelines;
(2) Merit;
(3) Placement or
transfer of excess staff within the Health Service/hospitals.
(v)
(a) Requests for
transfer from permanent part-time and part-time to full-time or full-time to
permanent part-time within the same classification within the Health Service
should be done on the basis of merit.
(b) Requests for
transfers throughout the Health Service should be done on the basis of merit.
25. New
Classifications
The Health Administration Corporation may create any new
classification not covered by the awards to which these conditions apply at any
time and may fix the remuneration thereof but in such circumstances the
employer shall advise the Union of such decision within 28 days and give an
opportunity to the representatives of the Union to confer with the
representatives of the employer as to the rate of wages so fixed for the duties
to be performed and the hours the employee is required to work.
26. Dispute
Resolution
(i) Where a
dispute arises in a particular section which cannot be resolved between the
employees or their representative and the supervising staff, it shall be
referred to the Designated Manager of the hospital or service unit or his/her
nominee who will arrange for the matter to be discussed with the employee
concerned and if requested a local representative or representatives of the
Union.
(ii) If the matter
is not resolved within a reasonable time it must be referred by the Designated Manager
to the Chief Executive Officer of the employer (or his or her nominee) and may
be referred by the employee to the Union's Head Office. Discussions at this level must take place
within a reasonable time with a view to resolving the issue in dispute. Failing
settlement of the issue at this level, the matter shall be dealt with in
accordance with sub-clause (iii) of this clause.
(iii) With a view
to amicable and speedy settlement of all disputes that firstly cannot be
settled by a local management and the Union or its representatives, disputes
may be submitted to a committee consisting of not more than six members with
equal representation of the Health Service and the Union. Such committee shall
have the power to investigate all matters in dispute and to report to the
Health Service and the Union respectively, with such recommendations as it may
think right and in the event of no mutual decision being arrived at by such a
committee and if a dispute still exists the matter in dispute may be referred to
the Industrial Relations Commission in accordance with the provisions of the Industrial
Relations Act 1996 by one of the disputing parties.
(iv) Whilst these
procedures are continuing, no stoppage of work or any form of ban or limitation
of work shall be applied.
(v) Unless agreed
otherwise by the parties the status quo must continue whilst these procedures
are being followed. For this purpose
"status quo" means the work procedures and practices in place:
(a) immediately
before the issue arose: or
(b) immediately
before any change to those procedures or practices, which caused the issue to
arise, was made.
The Employer must ensure that all practices applied
during the operation of these procedures are in accordance with safe working
practices.
27.
Anti-Discrimination
(i) It is
Intention of the Parties Bound By This Award to Seek to Achieve the Object in
Section 3(F) of the Industrial Relations Act 1996 to Prevent and
Eliminate Discrimination in the Workplace.
This Includes Discrimination on the Grounds of Race, Sex, Marital
Status, Disability, Homosexuality, Transgender Identity, Age and
Responsibilities as a Carer.
(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 this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion:.
28. Personal/Carer’s
Leave, Family and Community Services Leave
Employees shall be granted Personal/Carer's Leave, Family
and Community Services Leave in accordance with Health Department Policy
Directive 2005-431, as amended from time to time..
29. Union
Representative
An employee appointed Union representative shall upon
notification thereof in writing to the Chief Executive Officer, be recognised
as the accredited representative of the Union and shall be allowed the
necessary time during working hours, to interview the employer on matters
affecting employees.
30. Notice Board
The hospital shall permit a lockable notice board of
reasonable dimensions to be erected in a prominent position upon which the
Union representative shall be permitted to post Union notices.
31. Blood Count
Those employees who are regularly required to assist and/or
work with the radiologist and/or radiographer in close proximity to diagnostic
and/or therapeutic x-ray machines or any other form of radioactive irradiators
may on request to the hospital have a blood count carried out.
Employees 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 the hospital.
32. Infectious
Cleaning
An allowance as set in Item 47 of Table 1 - Other Rates and
Allowances, of Part B, Monetary Rates, per shift or part thereof, is to be paid
to employees who elect to and, in fact, perform cleaning duties in infectious
areas where barrier nursing is being carried out. The allowance will also be
payable to employees, who, in any shift, assist in the lifting and/or
transporting of infectious patients.
This allowance shall not apply to attendants at the
Institute of Tropical Medicine.
Employees are to be given the option of working in the
infectious area. In the event of
employees declining to work in the infectious area, hospitals are to seek
guidance from the Corporation.
The election referred to above is not to apply to employees
working in the Marks Pavilion at Prince Henry Hospital.
Hospitals are to give written instructions on hygiene
techniques and infection to employees who may be liable to work in infectious
areas. Such instructions should be given to existing employees as soon as
possible and to new employees at the point of engagement. In addition, supporting
oral instructions should be given to relevant employees whenever a patient is
admitted to hospital with a suspected or confirmed infectious condition and to
those employees who work regularly in designated infectious areas such as the
Marks Pavilion at Prince Henry Hospital.
The instructions given to employees should be in such a
manner as to remove any fears that the employees may have, and to give them an
understanding of the methods of the spread of disease.
The instructions should include the following subject
matters:
(a) Mode of
transmission -
1. Droplet
Infection
2. Faecal-oral
route
3. Blood
4. Fomites
5. Discharges -
Secretions
6. Urine
(b) Disease not
transmissible from person to person
(c) Degree of
communicability
(d) Period of communicability
(e) Personal
hygiene
(f) Protective
clothing
(g) Barrier
nursing
(h) Immunity -
naturally acquired; - immunisation;
(i) Cleaning
methods which minimise spread of infection.
As it is essential that the instructions be beneficial
to the employees, simple language should be used which can be easily understood
by them.
33. Labour
Flexibility
(i) An employer
may direct an employee to carry out such duties as are reasonable, and within
the limits of the employee's skill, competence and training consistent with
employee's classification, grouping and/or career stream provided that such
duties are not designed to promote deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and equipment
as may be required provided that the employee has been properly trained or has
otherwise acquired the necessary skills in the use of such tools and equipment.
(iii) Any direction
issued by an employer pursuant to sub-clause (i) and (ii) shall be consistent
with the employer's responsibilities to provide a safe and healthy work
environment.
(iv) Existing
provisions with respect to the payment of mixed functions/higher duties
allowances shall apply in such circumstances.
34. Teleworking
(i) "Teleworking"
is the performance of job related work at a site away from the normal work
location.
(ii) Subject to
agreement between a Health Service and the Union, teleworking may be
introduced.
35. Workforce Review
Any proposal to reorganise a Department or service that will
significantly affect employees covered by the Union will be the subject of
genuine consultation with the Union.
36. Child Care
1. The parties
agree to work together to examine methods of addressing the child care needs of
employees.
37. Union
Subscriptions
The Corporation agrees, subject to prior written
authorisation by Union members, to deduct Union subscriptions from the pay of
the authorising members and remit to the Union.
38. Telephone
Allowance
(i) An employee
required to answer emergency telephone calls on his/her private telephone
outside of ordinary working hours, but not recalled to duty, shall be
reimbursed rental charges on such telephone on production of receipted
accounts.
(ii) Provided
that, where an employee is required to answer out of hours telephone calls on
his/her private telephone on a relief basis he/she shall be paid one-twelfth of
his/her yearly telephone rental for each month or part thereof he/she is so
employed.
39. Removal Expenses
This Clause only applies to persons employed under the
Health Managers (State) Award. Any
person employed by a Health Service under the Health Managers (State) Award
shall be entitled to a refund by that Health Service of the actual cost
incurred by him/her in the transportation of himself/herself and his/her family
and of the expenses reasonably incurred by him/her in conveying his/her
furniture and effects from his/her last place of residence to the city or town
in which is situated the Health Service to which he/she is appointed on the
following conditions:
(i) He/she shall,
immediately prior to taking up the new appointment, have had 12 months'
continuous service in another Health Service situated other than in the town or
city in which is situated the Health Service to which he/she has been
appointed.
(ii) He/she shall
not have received from any Health Service a refund under this clause within a
period of two years prior to his/her taking up his/her appointment.
(iii) He/she shall
give an undertaking that he/she will refund to the Health Service any payments
made to him/her by it under this clause should he/she leave its employment
within 12 months of his/her becoming employed by it.
40. Exemptions
This award shall not apply to:
(a) Members,
novices or aspirants of religious orders in public hospitals, the names of whom
are included or hereafter shall be included in Schedule 3 of the Health
Services Act, 1997.
(b) Employees of
Stewart House Preventorium.
41. Maternity,
Adoption and Parental Leave
A. Maternity Leave
(i) Eligibility
To be eligible for paid maternity leave a full time or
permanent part-time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth.
An employee who has once met the conditions for paid
maternity leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid maternity leave,
unless-
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after her services have been
otherwise dispensed with: or
(b) the employee
has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not
include sick leave without pay, maternity leave without pay, or leave without
pay associated with an illness or injury compensable under the Workers'
Compensation Act.
(ii) Portability
of Service for Paid Maternity Leave
Portability of service for paid maternity leave
involves the recognition of service in public sector organisations for the
purpose of determining an employee's eligibility to receive paid maternity
leave. For example, where an employee moves
between a Public Sector Department and a public hospital, previous continuous
service will be counted towards the service prerequisite for paid maternity
leave.
When determining an employee's eligibility for paid
maternity leave, continuous service with New South Wales public sector
organisations which are included in the schedule of the Transferred Officers
Extended Leave Act, 1961, will be recognised, provided that:
(a) service was on
a full-time or permanent part-time basis:
(b) cessation of
service with the former employer was not by reason of dismissal on any ground,
except retrenchment or reduction of work;
(c) the employee
commences duty with the new employer on the next working day after ceasing
employment with the former employer (there may be a break in service of up to
two months before commencing duty with the new employer provided that the new
position was secured before ceasing duty with the former employer. However, such a break in service will not be
counted as service for the purpose of calculating any prior service
prerequisite for paid maternity leave.)
(iii) Entitlement
Eligible employees are entitled to paid maternity leave
as follows: -
(a) Paid Maternity
Leave - an employee is entitled to fourteen weeks at the ordinary rate of pay
from the date maternity leave commences.
This leave may commence up to fourteen weeks prior to the expected date
of birth.
It is not compulsory for an employee to take this
period off work. However, if an employee decides to work during the nine weeks
prior to the date of birth it is subject to the employee being able to
satisfactorily perform the full range of normal duties.
Paid maternity leave may be paid:
on a normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a period of twenty-eight
weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid
Maternity Leave - an employee is entitled to a further period of unpaid
maternity leave of not more than 12 months after the actual date of birth.
(iv) Applications
An employee who intends to proceed on maternity leave
should formally notify her employer of such intention as early as possible, so
that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must include a medical
certificate stating the expected date of birth and should also indicate the
period of leave desired.
(v) Variation
after Commencement of Leave
After commencing maternity leave, an employee may vary
the period of her maternity leave once only without the consent of her employer
by giving the employer notice in writing of the extended period at least
fourteen days’ before the start of the extended period. An employer may accept
less notice if convenient.
An employee may extend the period of maternity leave at
any time with the agreement of the employer.
The conditions relating to variation of maternity leave
are derived from Section 64 of the Industrial Relations Act 1996.
(vi) Staffing
Provisions
In accordance with obligations established by the Industrial
Relations Act 1996 (Section 69) any person who occupies the position of an
employee on maternity leave must be informed that the employee has the right to
return to her former position. Additionally, since an employee has the right to
vary the period of her maternity leave, offers of temporary employment should
be in writing, stating clearly the temporary nature of the contract of
employment. The duration of employment
should be also set down clearly; to a fixed date or until the employee elects
to return to duty, whichever occurs first.
(vii) Effect of
Maternity Leave on Accrual of Leave, Increments etc.
When the employee has resumed duties, any period of
full pay leave is counted in full for the accrual of annual leave and any period
of maternity leave on half pay is taken into account to the extent of one half
thereof when determining the accrual of annual leave.
Except in the case of employees who have completed ten
years' service the period of maternity leave without pay does not count as
service for long service leave purposes.
Where the employee has completed ten years' service the period of
maternity leave without pay shall count as service provided such leave does not
exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of
maternity leave at full pay and at half pay are to be regarded as service for
incremental progression on a pro-rata basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received i.e.,
public holidays occurring in a period of full pay maternity leave are paid at
full rate and those occurring during a period of half pay leave are paid at
half rate.
(viii) Illness
Associated with Pregnancy
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then she can elect to use any
available paid leave (sick, annual and/or long service leave) or to take sick
leave without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave ceases nine weeks prior to the
expected date of birth. The employee
then commences maternity leave with the normal provisions applying.
(ix) Transfer to a
More Suitable Position
Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to satisfactorily perform. This obligation arises from Section 69 of the Industrial
Relations Act 1996. A position to which an employee is transferred under
these circumstances must be as close as possible in status and salary to her
substantive position.
(x) Miscarriages
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions
(xi) Stillbirth
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave, subject to production of a medical certificate, or maternity leave. She may resume duty at any time provided she
produces a doctor's certificate as to her fitness.
(xii) Effect of
Premature Birth on Payment of Maternity Leave
An employee who gives birth prematurely and prior to
proceeding on maternity leave shall be treated as being on maternity leave from
the date leave is commenced to have the child.
Should an employee return to duty during the period of paid maternity
leave, such paid leave ceases from the date duties are resumed.
(xiii) Right to
return to Previous Position
In accordance with the obligations set out in Section
66 of the Industrial Relations Act 1996, an employee returning from
maternity leave has the right to resume her former position.
Where this position no longer exists the employee is
entitled to be placed in a position nearest in status and salary to that of her
former position and to which the employee is capable or qualified.
(xiv) Return for Less
than Full Time Hours
Employees may make application to their employer to
return to duty for less than the full time hours they previously worked by
taking weekly leave without pay. Such
return to work is to be according to the following principles:
the period is to be limited to 12 months after which
full time duties must be resumed;
the employee is to make an application for leave
without pay to reduce her full time weekly hours of work. This application should be made as early as
possible to enable the employer to make suitable staffing arrangements. At least four weeks notice must be given;
the quantum of leave without pay to be granted to
individual employees is to be at the absolute discretion and convenience of the
employer;
salary and other conditions of employment are to be
adjusted on a basis proportionate to the employees full time hours of work
i.e., for long service leave the period of service is to be converted to the
full-time equivalent, and credited accordingly.
It should be noted that employees who return from
maternity leave under this arrangement remain full-time employees. Therefore
the payment of any part-time allowance to such employees does not arise.
(xv) Further Pregnancy
While on Maternity Leave
Where an employee becomes pregnant whilst on maternity
leave, a further period of maternity leave may be granted. Should this second
period of maternity leave commence during the currency of the existing period
of maternity leave, then any residual maternity leave from the existing
entitlement lapses.
B. Adoption Leave
(i) Eligibility
To be eligible for paid adoption leave a full time or
permanent part-time employee must have completed at least 40 weeks continuous service
prior to the date of taking custody of the child.
An employee who has once met the conditions of paid
adoption leave, will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been
otherwise dispensed with; or
(b) the employee
has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not
include sick leave without pay, maternity leave without pay, or leave without
pay associated with an illness or injury compensable under the Worker's
Compensation Act.
(ii) Portability
of Service for Paid Adoption Leave
As per maternity leave conditions.
(iii) Entitlement
(a) Paid Adoption
Leave
Eligible employees are entitled to paid adoption leave
of fourteen weeks at the ordinary rate of pay from and including the date of
taking custody of the child.
Paid adoption leave may be paid:-
on a normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a period of twenty-eight
weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid
Adoption Leave
Eligible employees are entitled to unpaid adoption
leave as follows: -
where the child is under the age of 12 months - a
period of not more than 12 months from the date of taking custody;
where the child is over the age of 12 months and under
18 years old - a period of up to 12 months, such period to be agreed upon by both
the employee and the employer.
(iv) Applications
Due to the fact that an employee may be given little
notice of the date of taking custody of a child, employees who believe that, in
the reasonably near future, they will take custody of a child, should formally
notify the employer as early as practicable of the intention to take adoption
leave. This will allow arrangements
associated with the adoption leave to be made.
(v) Variation
after Commencement of Leave
After commencing adoption leave, an employee may vary
the period of leave, once without the consent of the employer and otherwise
with the consent of the employer. A minimum of fourteen days’ notice must be
given, although an employer may accept less notice if convenient.
(vi) Staffing
Provisions
As per maternity leave conditions.
(vii) Effect of
Adoption Leave on Accrual of Leave, Increments, etc
As per maternity leave conditions.
(viii) Return for
Less than Full Time Hours
As per maternity leave conditions.
(ix) Right to return
to Previous Position
As per maternity leave conditions.
C. Parental Leave
(i) Eligibility
To be eligible for parental leave a full time or
permanent part-time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth or to the date of taking custody of
the child.
An employee who has once met the conditions for paid
parental leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid parental leave,
unless-
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been
otherwise dispensed with: or
(b) the employee
has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not
include sick leave without pay, maternity leave without pay, or leave without
pay associated with an illness or injury compensable under the Workers'
Compensation Act 1987.
(ii) Portability
of Service for Paid Parental Leave
As per maternity leave conditions.
(iii) Entitlements
Eligible employees whose spouse or partner (including a
same sex partner) is pregnant or is taking custody of a child, are entitled to
a period of leave not exceeding 52 weeks, which includes one week of paid
leave, and may be taken as follows:
(a) an unbroken
period of up to one week at the time of the birth of the child, taking custody of
the child or other termination of the pregnancy (short parental leave), and
(b) a further
unbroken period in order to be the primary caregiver of the child (extended
parental leave).
(c) The
entitlement of one week’s paid leave may be taken at anytime within the 52 week
period and shall be paid:
at the employees ordinary rate of pay for a period not
exceeding one week on full pay, or
two weeks at half pay or the period of parental leave
taken, whichever is the lesser period.
Annual and/or long service leave credits can be
combined with periods of parental leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Applications
An employee who intends to proceed on parental leave
should formally notify their employer of such intention as early as possible,
so that arrangements associated with their absence can be made.
(a) In the case of
extended parental leave, the employee should give written notice of the
intention to take the leave.
(b) The employee
must, at least four weeks before proceeding on leave, give written notice of
the dates on which they propose to start and end the period of leave, although
it is recognised in situations of taking custody of a child, little or no
notice may be provided to the employee. In such an instance, the employee
should notify the employer as early as practicable.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(d) In the case of
extended parental leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(i) if
applicable, the period of any maternity leave sought or taken by his spouse,
and
(ii) that they are
seeking the period of extended parental leave to become the primary care giver
of the child.
(v) Variation
after Commencement of Leave -
After commencing parental leave, an employee may vary
the period of her/his parental leave, once without the consent of the employer
and otherwise with the consent of the employer. A minimum of fourteen days’ notice must be given, although an
employer may accept less notice if convenient.
(vi) Effect of
Parental Leave on Accrual of Leave, Increments etc.
As per maternity leave conditions.
(vii) Right to
return to Previous Position
As per maternity leave conditions.
NOTE:
(a) The
entitlement to Maternity, Adoption and Parental leave for part-time employees
who receive an adjusted hourly rate (as defined in clause 6, Part 2, in this
award), along with casual employees, are in accordance with the provisions of
Part 4, Parental Leave of the Industrial Relations Act 1996 and/or HAC
Determination.
(b) Liability for
Superannuation Contributions
During a period of unpaid maternity, adoption or
parental leave, the employee will not be required to meet the employer's
superannuation liability.
42. Study Time
(i) Eligibility -
Study time may be granted by a health service to full-time employees
undertaking part-time courses of study, in disciplines appropriate to health
services, for which approval to enrol has been given by the Chief Executive
Officer.
Employees proposing to embark upon a course of study
for which the health service’s support is sought should consider the extent to
which their own time will need to be applied to study, and whether they are
prepared and able to firmly commit that time for the duration of the course.
They should also consider whether the content of the course is appropriate to
his/her employment situation, either present or contemplated, and whether
attainment of the qualification will be of benefit to them in their work.
Having decided to undertake the course they should
discuss the proposal with the Chief Executive Officer, or an officer designated
by the Chief Executive Officer, and secure approval before making any final
arrangements for enrolment or registering for the course.
The Chief Executive Officer is required to examine the
appropriateness of the course considered by any full-time employee, and be
satisfied that it will better qualify the employee for service within the New South
Wales health system, before giving the approval and committing the health
service to support in the form of study time. The Chief Executive Officer
should, too, ensure that such study time will not interfere with the
maintenance of the health service’s essential service, nor require the
employment of additional staff.
The application form for study time can be obtained
from the employee’s health service.
Study time and/or paid time off for course work will
only be granted in respect of one course at any one time. An employee who is
undertaking two or more courses concurrently will not in any circumstances be
granted paid study time for more than one.
(ii) Financial
Assistance - It is to be noted that employees who undertake courses associated
with part-time and external studies are not entitled to any financial
assistance regarding reimbursement of fees, travelling, etc. (see Circular
82/92).
(iii) Extent of
Entitlement - For face-to-face studies in courses conducted by universities,
the NSW Institute of Technology, colleges of advanced education or technical
colleges, employees are eligible for a maximum of four hours’ paid study leave
per week to attend lectures held in working hours, and for necessary travelling
time involved. Any absence from duty in excess of this limit is to be made up.
Where lectures are held outside working hours or during
a combination of working and non-working hours an employee may be granted paid
study time on the basis of one half-hour for each hour of compulsory attendance
at after-hours lectures. Travel time necessary to attend lectures may also be
granted, but the aggregate of paid time off under this provision is not to
exceed four hours per week. Any absence from duty in excess of this limit is to
be made up.
For employees undertaking an approved course by
correspondence, or as "external students", study time may be granted
on the basis of one quarter hour for each hour of lecture time in the
face-to-face course, to a maximum of four hours per week.
However, where external students are required to
compulsorily attend a residential school or practical session, they will be
granted leave on the basis of five days per subject per year, or 2 ½ days per
subject per semester; this leave will be in substitution for, and not
additional to, study time which might otherwise have been granted on a weekly
basis. Any extra time involved is to be debited against the employee’s accrued
annual leave or taken as leave without pay.
It should be noted that study time may be granted, and
taken, only once in respect of any course subject. Any student, therefore, who
fails to pass in a subject at the first attempt, and is required to repeat that
subject, shall not be eligible for paid study time in respect of that repeat. This applies even though the repeat involved
attendance at lectures in working hours (in which case all time off for repeat
studies must be made up) or compulsory attendance at a residential school (in
which case the time off must all be made up, taken as leave without pay or
annual leave).
However, a student who is taking a combination of new
and repeated subjects in any semester or course year is eligible for study time
in respect of the new subject/s. Study time shall not be granted or taken
during course vacations.
A student in a course which involves compulsory
attendance at a field day or days may be granted study time to attend; leave
for this purpose is limited to seven hours on any one day, and where a field
day occurs on a non-working day no time-off in lieu is to be allowed. Where the
aggregate time off for course purposes exceeds four hours in any one week, the
excess is required to be made up; however, reference should be made to
sub-clause (iv) of this clause for certain conditions relating to the making-up
of time off for study purposes.
Chief Executive Officers must satisfy themselves that
applicants for study time are required to attend lectures, field days or
residential schools at the times stated in their applications.
Entitlements for employees undertaking higher degree
studies differ from those dealt with above; these are as set out in sub-clause
(vii) of this clause.
(iv) Making Up of
Time - Employees who are absent from duty for more than the maximum four hours
in any week are required to make up the excess time off.
However, the maximum excess time off taken in any one
week which is required to be made up is five hours; where the excess time off
necessarily taken by an employee for course purposes exceeds nine hours per
week the hours over nine hours are abandoned.
Let us consider, as an illustration of the principles
involved, the case of employees who attend four hours of face-to-face lectures,
and also are required to attend a field day in that same week:
¬ 4 hours lectures
¬ 8 hours field day ®
¬ 4 hours paid leave ¬ 7
hours (max) paid leave unpaid ®
|
4 hours
|
5 hours
|
2 hours
|
1 hour
|
¬ max for week ¬ 5
hours (max) made up ¬ abandoned ®
It will be seen that the employees have been granted time
off, as paid study time to attend lectures. They then are required to attend a
field day of eight hours’ duration, and they are paid for seven hours, which is
the maximum allowed for attendance at a field day. They have, therefore, done
course work for 12 hours in that week and have been paid the maximum allowable
aggregate of 11 hours. They are then required to make up the maximum of five
hours’ excess (in any one week), and the remainder (two hours) is abandoned;
they are not required to make it up either in this week nor at any future time.
As a general rule, time must be made up as soon as possible after the leave has
been taken; it cannot be made up in advance, except in the week in which the
excess time off is to be taken, but make-up may be deferred, if convenient to
the health service, until a later day (e.g. during vacations). Time off is not
permitted to be made up during meal breaks.
Adequate supervision of the make-up of time must be
exercised, either through the personal attendance of a senior officer or by a
check on output.
Despite the provisions of this section, all paid time
off for course work in repeated subjects must be made up, however it may be;
the five hours’ limitation does not apply to repeated subjects. This time off
should be made up as soon as possible, or at the Health Service’s convenience.
(v) Accumulation
of Study Time - Study time may be accumulated to a maximum of five days per
year (or two and a half days per semester) subject to the approval and
convenience of the health service and a request by the employee.
It will be remembered that employees engaged in courses
requiring compulsory attendance at a residential school are not eligible for
weekly study time, but are allowed a maximum of five days per subject per year
(or two and a half days per subject per semester) to attend those schools.
Employees, other than those covered in the second
paragraph of this Section, who are entitled to less than two hours’ study leave
per week may elect to accumulate that time and taken it in half-day or one-day
periods if they feel that this will be more beneficial to their studies.
Where students believe that their course requirements
and/or personal circumstances are such that they would benefit more by accruing
study time rather than taking it weekly, they may be granted a consolidated
period not exceeding five days per year (or two and a half days per semester)
in substitution for weekly study time, and may take this leave either prior to
or during examinations.
Students who receive some paid study time weekly for
lecture attendance and/or travelling time during working hours, and also have
some additional entitlement (e.g. from attendance at out-of-hours lectures) may
convert the additional entitlement to a five-days-per-annum grant if they so
desire.
Approval to accrue five (or two and a half) days’ study
time as provided above should be sought at the beginning of each course year.
However, a student who elects to accrue at the beginning, or vice versa, may
opt to reverse that decision, as from 1 July, for the remainder of the year.
The Health Service, in giving approval for the accrual
of study time, should ensure that the Health Service will not be
inconvenienced, nor the maintenance of its essential operations jeopardised, by
such arrangement, and that there will be no need to employ relief staff.
However, where approval is initially given, the Health
Service is required to honour its undertaking for the agreed period even though
circumstances may alter and the employee’s absence then becomes inconvenient.
If the Health Service declines an employee’s request for approval of
accumulation of study time it is obliged to grant such time on a weekly basis.
Employees undertaking a course who join the staff after
the commencement of the course year (e.g. by transfer from another health
service) may apply on 1 July of that year to accumulate their study time.
(vi) External
Studies - Health Service employees may enrol, subject to approval by their
health service, as external students in courses of study leading to a first or
further qualification other than a higher degree. These courses may be taken
through a university or a college of advanced education.
Such a course does not usually require the student to
attend lectures during the course year or semester, but usually does require
compulsory attendance at a residential school at least once during each year or
semester.
Study time is to be granted on the basis of five days
per subject per year, or two and a half days per subject per semester, and it
is to be made available to the employee to attend the school or schools held.
This leave is in substitution for, and not additional to, leave which might
otherwise be granted on a weekly basis.
Students attending residential schools do not receive
any allowance for travelling accommodation or incidental costs.
(vii) Part-Time
Higher Degree Studies - The provisions for study time for employees undertaking
higher degree studies are altogether different from the provisions already
described except for courses which involve face-to-face instruction.
The following grants of study time represent the
maximum grant available for higher degree studies, and the periods of leave may
be taken as required by the employee subject to the convenience of the
hospital:
(a) Employees
studying entirely by thesis may be granted a period of ten days’ study time.
(b) For study
entirely by research and thesis there is an entitlement of twenty days’ leave; in
these cases a further ten days’ leave may be granted where the Health Service
is satisfied that the nature and progress of the research warrants further
study time.
(c) For study
which involves course work followed by the preparation of a thesis necessitating
further research, employees may be granted weekly study time for the course
work, where appropriate, and may also be granted a further ten days’ leave for
the preparation of the thesis.
(d) Periods of ten
days’ and 20 days’ study time must be taken as units - not as scattered or
random days towards the total entitlement, and apply to the thesis, not per
year.
(viii) Examination
Leave - Employees attending terminal examinations in approved tertiary courses
may be granted pre-examination and examination leave on the following basis:-
Half-day examination leave for an examination in the
morning - no pre-examination leave in this case except where the employee works
an evening shift on the evening prior, when the equivalent of one-half days’
leave may be granted.
In the case of half day examination leave in the
afternoon the employee may be granted half day pre-examination leave in the
same morning. Where examinations are held in the evening, employees may be
granted half day pre-examination leave on the afternoon of the same day.
A terminal examination is one which occurs at the end
of the subject and must be passed for the subject to be completed and the
student to progress further; or one set during the course which forms an
integral part of the major examination or final assessment in that subject and
which the student must take in order to pass that subject in an academic year.
Where an examination is conducted within the normal
class timetable during term and study time is granted to the employee for
either private study or actual lecture attendance, no examination leave or
pre-examination leave is to be granted.
Pre-examination leave is not to be granted where study
time has been refused, except in respect of repeat studies in a course normally
attracting that concession.
Employees undertaking courses either by correspondence
or by face-to-face studies may be granted leave for examinations, including
deferred examinations as well as repeat studies in respect of the above
courses.
43. Trade Union Leave
(i) Eligibility -
Applies to members of the Union accredited by the Union as a delegate.
(ii) Paid Special
Leave - Paid special leave is available for attendance at:
(a) annual or
bi-annual conferences of the delegate’s union; and
(b) meetings of
the union’s executive/Committee of Management; or
(c) annual
conference of the Labor Council of New South Wales; or
(d) bi-annual
conference of the Australian Council of Trade Unions.
(iii) Limits - There
is no limit on the special leave that could be applied for or granted. It is
expected, however, that the leave would be kept to a minimum and that, on
average, not more than 5 days special leave per year would need to be taken.
(iv) Responsibilities
of the Union Delegate - Responsibilities of the union delegate are:
(a) to establish
accreditation as a delegate with the union;
(b) to provide
sufficient notice of absence to the employer; and
(c) to lodge a
formal application for special leave.
(v) Responsibilities
of the Union - Responsibilities of the union are:
(a) to provide
documentary evidence to the employer about an accredited delegate in sufficient
time to enable the employer to make arrangements for performance of duties;
(b) to meet all travelling,
accommodation and any other costs incurred by the accredited delegate; and
(c) to provide the
employer with confirmation of attendance of the accredited delegate.
(vi) Responsibilities
of the Employer - Responsibilities of the employer are;
(a) to release the
accredited delegate for the duration of the conference or meeting;
(b) to grant
special leave (with pay); and
(c) to ensure that
the duties of the absent delegate are performed in his/her absence, if
appropriate.
(vii) Period of Notice
- Generally, dates of conferences or meetings are known well in advance and it
is expected that employers would be notified as soon as accreditation has been
given to a delegate or at least two weeks before the date of attendance.
Where extraordinary meetings are called at short
notice, a shorter period of notice would be acceptable, provided such notice is
given to the employer as soon as advice of the meeting is received by the
accredited delegate.
(viii) Travel Time -
Where a delegate has to travel to Sydney, inter or intra state, to attend a
conference or meeting, special leave will also apply to reasonable travelling
time to and from the venue of the conference or meeting.
No compensation, such as time off in lieu, is to be
provided if travel can be and is undertaken on an accredited delegate’s
non-working day or before or after his/her normal hours of work.
(ix) Payment of
Allowances - No allowances will be claimable in cases of special leave granted
for attendance at union conferences or executive meetings covered by this
clause - see also sub-clause (v) of this clause.
44. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed in Part-B, as varied from time to time, of the Awards
identified in "Clause 49-Area Incidence and Duration" of this award,
an employee may elect, subject to the agreement of the employee’s employer, to
sacrifice a portion of the salary payable under Part-B of the relevant award to
additional employer superannuation contributions. Such election must be made prior to the commencement of the
period of service to which the earnings relate. The amount sacrificed must not exceed fifty (50) per cent of the
salary payable under Part-B or fifty (50) per cent of the currently applicable
superannuable salary, whichever is the lesser.
In this clause, "superannuable salary" means
the employee’s salary as notified from time to time to the New South Wales
public sector superannuation trustee corporations.
(ii) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(a) subject to
Australian Taxation Law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion; and
(b) any allowance,
penalty rate, overtime, payment for unused leave entitlements, weekly worker’s
compensation, or other payment, other than any payment for leave taken in
service, to which an employee is entitled under the relevant award or any
applicable Award, Act, or Statute which is expressed to be determined by
reference to an employee’s salary, shall be calculated by reference to the
salary which would have applied to the employee under the relevant award in the
absence of any salary sacrifice to superannuation made under this award.
(iii) The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions.
(a) paid into the
superannuation scheme established under the First State Superannuation Act 1992
as optional employer contributions; or
(b) subject to the
employers agreement, paid into private sector complying superannuation scheme
as employer superannuation contributions.
(iv) Where an employee
elects to salary sacrifice in terms of subclause (3) above, the employer will
pay the sacrificed amount into the relevant superannuation fund.
(v) Where the
employee is a member of a superannuation scheme established under:
(a) the Police
Regulation (Superannuation) Act 1906;
(b) the Superannuation
Act 1916;
(c) the State
Authorities Superannuation Act 1987;
(d) the State
Authorities Non-contributory Superannuation Act 1987; or
(e) the First
State Superannuation Act 1992.
The employee’s employer must ensure that the amount of
any additional employer superannuation contributions specified in subclause (1)
above is included in the employee’s superannuable salary which is notified to
the New South Wales public sector superannuation trustee corporations
(vi) Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with his/her employer to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause (5) above, the employer will
continue to base contributions to that fund on the salary payable under Part-B
of the relevant award to the same extent as applied before the employee
sacrificed portion of that salary to superannuation. This clause applies even though the superannuation contributions
made by the employer may be in excess of the superannuation guarantee
requirements after the salary sacrifice is implemented.
45. Salary Packaging
(i) By agreement
with their employer, employees may elect to package a portion (but no more than
50%) of their salary in accordance with this clause, to obtain a range of
benefits as set out in the NSW Health Services Salary Packaging Policy and
Procedure Manual, as amended from time to time. Such election must be made
prior to the commencement of the period of service to which the earnings
relate. Where an employee also elects to salary sacrifice to superannuation
under this award, the combined amount of salary packaging/sacrificing shall not
exceed 50% of salary.
(ii) Where an
employee elects to package a portion of salary :
(a) Subject to
Australian taxation law, the packaged portion of salary will reduce the salary
subject to appropriate PAYG taxation deductions by the amount of that packaged
portion.
(b) Any allowance,
penalty rate, overtime payment, payment for unused leave entitlements, weekly
workers’ compensation, or other payment other than any payment for leave taken
in service, to which an employee is entitled under this award or statute which
is expressed to be determined by reference to an employee’s salary, shall be
calculated by reference to the salary which would have applied to the employee
under this award in the absence of any salary packaging or salary sacrificing
made under this award.
(c) ‘Salary’ for
the purpose of this clause, for superannuation purposes, and for the
calculation of award entitlements, shall mean the award salary as specified in the
appropriate Salaries clause of the applicable award, and which shall include
‘approved employment benefits’ which refer to fringe benefit savings,
administration costs, and the value of packaged benefits.
(iii) The salary
packaging scheme utilises the Public Benevolent Institution (PBI) taxation
status, which provides for a fringe benefits tax exemption cap of $17,000 per
annum. The maximum amount of fringe benefits-free tax savings that can be
achieved under the scheme is where the value of benefits when grossed-up, equal
the fringe benefits exemption cap of $17,000. Where the grossed-up value
exceeds the cap, the employer is liable to pay fringe benefits tax on the
amount in excess of $17,000, but will pass this cost on to the employee. The
employer’s share of savings, the combined administration cost, and the value of
the package benefits, are deducted from pre tax dollars.
(iv) The parties
agree that the application of the fringe benefits tax exemption cap and the PBI
status of NSW Health Services are subject to prevailing Australian taxation
laws.
(v) If an employee
wishes to withdraw from the salary packaging scheme, the employee may only do
so in accordance with the required period of notice as set out in the Salary
Packaging Policy and Procedure Manual.
(vi) Where an
employee ceases to salary package, arrangements will be made to convert the
agreed package amount to salary. Any costs associated with the conversion will
be borne by the employee, and the employer shall not be liable to make up any
salary lost as a consequence of the employee’s decision to convert to salary.
(vii) Employees
accepting the offer to salary package do so voluntarily. Employees are advised
to seek independent financial advice and counselling to apprise them of the
implications of salary packaging on their individual personal financial
situations.
(viii) The employer
and the employee shall comply with the procedures set out in the NSW Health
Services Salary Packaging Policy and Procedure Manual as amended from time to time.
46. Reasonable Hours
(i) Subject to
sub-clause (ii) an employer may require an employee to work reasonable overtime
at overtime rates.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of sub-clause (ii) what is reasonable or other wise 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.
(c) The needs of
the workplace or enterprise.
(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.
47. No Extra Claims
The Memorandum of Understanding between the Health
Administration Corporation and the Union dated 24 December 2004 establishes the
extent of any further claims that may be pursued by the Union as set down in
Clause 5, Allowable and No Extra Claims, of that Memorandum.
48. Induction and
Orientation
The Corporation agrees that Orientation/Induction shall be
provided to all employees covered by this award. The Corporation further agrees
that the Union shall have up to one half-hour made available for a presentation
on the role of the Union in such a program provided to employees. If such
programs are provided to employees by electronic or remote means, the Union’s
presentation and associated literature will also be included.
49. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Health Employees Conditions of Employment (State)
Award published 6 November 1998 (307 I.G. 88) and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein in the
following so listed awards, employed in or in connection with the New South
Wales Health Service as defined in section 16 of the Health Services Act
1997, or their successors, assignees or transmittees, excluding the County of
Yancowinna.
Health Employees’ (State) Award
Health Employees’ General Administrative Staff (State)
Award
Health Employees’ Administrative Staff (State) Award
Health Employees’ Technical (State) Award
Health Employees’ Engineers (State) Award
Health Employees’ Pharmacists (State) Award
Health Employees’ Medical Radiation Scientists (State)
Award
Health Employees’ Computer Staff (State) Award
Health Managers (State) Award
Health Employees’ Interpreters (State) Award
Public Hospital Residential Services Assistant (State)
Award
Royal Rehabilitation Service-Weemala Unit Residential
Care Staff (State) Award
(iii) This Award
takes effect from 1 December 2005, and shall remain in force until 30 June
2008.
PART B
MONETARY RATES
Table 1 - Other
Rates and Allowances
|
Item
No.
|
Clause
No.
|
Description
|
Rate from
|
Rate from
|
Rate from
|
|
|
|
|
1.7.2005
|
1.7.2006
|
1.7.2007
|
|
|
|
|
$
|
$
|
$
|
|
1
|
5
(iii)
|
Climate and Isolation
|
4.30
|
4.30
|
4.30
|
|
2
|
5
(iii)
|
Climate and Isolation
|
8.60
|
8.60
|
8.60
|
|
3
|
7
(ii)(a)
|
Board & Lodging
|
|
|
|
|
- Breakfast
|
2.90
|
3.00
|
3.10
|
|
- Other Meals
|
5.40
|
5.60
|
5.80
|
|
- Maximum one week
|
87.60
|
91.10
|
94.70
|
|
4
|
7
(ii)(b)
|
Board and Lodging
|
|
|
|
|
- Separate Room
|
40.60
|
42.20
|
43.90
|
|
- Shared Room
|
25.30
|
26.30
|
27.40
|
|
5
|
10
(iii)
|
On-Call Allowance - (per 24 hrs)
|
17.04
|
17.72
|
18.43
|
|
6
|
10
(iv)
|
On-Call Allow-rostered days off (per 24hrs)
|
33.64
|
34.99
|
36.39
|
|
7
|
11
(v)
|
Broken Shift (per shift)
|
8.40
|
8.70
|
9.00
|
|
8
|
12
(ii)(a)
|
Post-mortem (each)
|
8.20
|
8.50
|
8.80
|
|
9
|
12
(ii)(b)
|
Post-mortem Assistants
|
|
|
|
|
- Assist at each internal exam
|
72.70
|
75.60
|
78.60
|
|
- Assist at each external exam
|
45.10
|
46.90
|
48.80
|
|
10
|
12
(ii)(c)
|
Excluding Post-mortem Assistants
|
|
|
|
|
- Assist at each internal exam
|
27.00
|
28.10
|
29.20
|
|
- Assist at each external exam
|
16.70
|
17.40
|
18.10
|
|
11
|
12
(ii)(d)
|
Post-mortem partly decomposed,
|
|
|
|
|
vermin infested (each)
|
4.40
|
4.60
|
4.80
|
|
12
|
12
(iii)
|
Handling linen-nauseous nature (per shift)
|
3.30
|
3.40
|
3.50
|
|
13
|
12
(iv)
|
Sorting of incinerators, etc (per hour)
|
0.30
|
0.30
|
0.30
|
|
14
|
12
(v)(a)
|
Maintenance and Supervision (per week)
|
9.10
|
9.10
|
9.10
|
|
15
|
12
(v)(b)
|
Offensive Work (per week)
|
3.30
|
3.30
|
3.30
|
|
16
|
12
(v)(c)
|
Sewerage chokages, etc (per day)
|
see note **
|
see note **
|
see note **
|
|
17
|
12
(vi)
|
Wearing of lead apron (per hour)
|
1.41
|
1.47
|
1.53
|
|
18
|
12
(vii)
|
Handling of money (per week)
|
13.60
|
14.10
|
14.70
|
|
19
|
12
(viii)(a)
|
Cold Places (per hour)
|
see note **
|
see note **
|
see note **
|
|
20
|
12
(viii)(b)
|
Confined spaces (per hour)
|
see note **
|
see note **
|
see note **
|
|
21
|
12
(viii)(c)
|
Dirty Work (per hour)
|
see note **
|
see note **
|
see note **
|
|
22
|
12
(viii)(d)
|
Height money (per hour)
|
see note **
|
see note **
|
see note **
|
|
23
|
12
(viii)(e)
|
Hot Places 46 degrees - 54 degrees (per hour)
|
see note **
see note **
|
see note **
see note **
|
see note **
see note **
|
|
Over 54 degrees (per hour)
|
|
24
|
12
(viii)(f)(1)
|
Insulation Material (per hour)
|
see note **
|
see note **
|
see note **
|
|
25
|
12
(viii)(f)(2)
|
Asbestos (per hour)
|
see note **
|
see note **
|
see note **
|
|
26
|
12
(viii)(g)
|
Smoke Boxes (per hour)
|
see note **
see note **
|
see note **
see note **
|
see note **
see note **
|
|
Oil Fired Smoke Boxes (per hour)
|
|
27
|
12
(viii)(h)
|
Wet Places - other than rain (per hour)
|
see note **
|
see note **
|
see note **
|
|
|
(1)
& (2)
|
Rain (per hour)
|
see note **
|
see note **
|
see note **
|
|
28
|
12
(viii)(l)
|
Mud Allowance (per day)
|
see note **
|
see note **
|
see note **
|
|
29
|
12
(viii)(j)
|
Acid Furnaces, etc (per hour)
|
see note **
|
see note **
|
see note **
|
|
30
|
12
(viii)(k)
|
Depth money (per hour)
|
see note **
|
see note **
|
see note **
|
|
31
|
12
(viii)(l)
|
Bosun's Chair or swinging scaffold
|
|
|
|
|
- first four hours
|
see note **
|
see note **
|
see note **
|
|
- thereafter
|
see note **
|
see note **
|
see note **
|
|
32
|
12
(viii)(m)
|
Spray application (per hour)
|
see note **
|
see note **
|
see note **
|
|
33
|
12
(viii)(n)
|
Roof Work - (per hour)
|
see note **
|
see note **
|
see note **
|
|
- minimum per day
|
see note **
|
see note **
|
see note **
|
|
34
|
12
(viii)(o)
|
Explosive-powered tools (per day)
|
see note **
|
see note **
|
see note **
|
|
35
|
12
(viii)(p)
|
Morgues-other than P.M. Assist (per /hour)
|
see note **
|
see note **
|
see note **
|
|
36
|
12(viii)(q)(I)
|
Toxic, Obnoxious Substances-Epoxy
|
see note **
|
see note **
|
see note **
|
|
- epoxy materials (per hour)
|
see note **
|
see note **
|
see note **
|
|
37
|
12(viii)(q)(2)
|
Toxic, obnoxious
substances-Air Conditioner.
|
see note **
|
see note **
|
see note **
|
|
- not operating (per hour)
|
see note **
|
see note **
|
see note **
|
|
38
|
12(viii)(q)(4)
|
Close proximity to above (per hour)
|
see note **
|
see note **
|
see note **
|
|
39
|
12
(viii)®
|
Areas with Psychiatric patients (per Hour)
|
see note **
|
see note **
|
see note **
|
|
Geriatric Allowance
|
see note **
|
see note **
|
see note **
|
|
40
|
12
(viii)(s)
|
- Allandale & Garrawarra (per /hour)
|
see note **
see note **
|
see note **
see note **
|
see note **
see note **
|
|
- Lidcombe (per hour)
|
|
41
|
12
(viii)(t)
|
Mental Institutions Allowance (per hour)
|
see note **
|
see note **
|
see note **
|
|
42
|
12
(viii)(u)
|
Animal House (per hour)
|
see note **
|
see note **
|
see note **
|
|
43
|
12
(ix)
|
Tool Allowance (per week)
|
6.10
|
6.30
|
6.60
|
|
44
|
14 (iv)
|
Meals (each)
|
13.50
|
13.50
|
13.50
|
|
45
|
23 (I)(c)
|
Uniform (per week)
|
4.15
|
4.15
|
4.15
|
|
Uniform-with cardigan & Shoes
|
1.62
|
1.62
|
1.62
|
|
|
|
(addit.p/wk)
|
|
|
|
|
46
|
23 (i)(d)
|
Uniform-laundering (per week)
|
4.75
|
4.75
|
4.75
|
|
47
|
31
|
Infectious cleaning (per shift)
|
3.95
|
4.11
|
4.27
|
** Allowances payable are determined as per movements occurring
from time to time within the Public Hospital Skilled Trades (State) Award.
R. P. BOLAND J.
____________________
Printed by
the authority of the Industrial Registrar.