Charitable
Sector Aged and Disability Care Services (State) Award 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 264 of 2012)
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Before The Honourable
Mr Justice Staff
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12 April 2012
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REVIEWED
AWARD
1. Delete clause
1, Arrangement, of the award published 27 January 2012 (372 I.G. 62) and insert
in lieu thereof the following:-
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Anti-Discrimination
4. Employment
Classifications
5. Wages
6. Remuneration
Packaging
7. Hours
8. Roster of
Hours
9. Meals
10. Overtime
11. Permanent
Part-time Employee
12. Casual
Employee
13. Temporary
Employment
14. Climatic and
Isolation Allowances
15. Penalty
Rates and Shift Allowances
16. Live-in
Housekeeper-Remuneration
17. Allowances
for Special Working Conditions
18. Public
Holidays
19. Annual
Leave
20. Annual
Leave Loading
21. Long
Service Leave
22. Sick Leave
23. Personal/Carer’s
Leave
24. Compassionate
Leave
25. Leave
Without Pay
26. Payment and
Particulars of Wages
27. Service
Allowance
28. Leading
Hands
29. Higher
Duties
30. Uniforms
and Protective Clothing
31. Sleepovers
32. Live-in
33. Grievance
and Dispute Resolution Procedures
34. Attendance
at Meetings
35. Labour
Flexibility & Mixed Functions
36. Promotions
and Appointments
37. Emergency
Telephone Calls
38. Parental
Leave
39. Repatriation
Leave
40. Union
Representative
41.
Apprentices
42. Redundancy
43. Termination
of Employment
44. Notice
Board
45. Accommodation
and Amenities
46. Inspection
of Lockers
47. Consultative
Arrangements
48. Training
49. Leave
reserved
50. Exemptions
51. Reasonable
Hours
52. Secure
Employment
53. Area,
Incidence and Duration
PART B
Table 1 - Monetary Rates
Table 2 - Other Rates and allowances
Table 3 - Translation Table
2. Delete the
definition "Union" in clause 2, "Definitions" and insert in
lieu thereof the following:
"Union" - means HSUeast.
3. Delete
paragraph (e) of subclause (i) of clause 4, Employment Classifications, and
insert in lieu thereof the following
(e) Grade 4
Level One
An employee who holds a Certificate IV in Aged Care
Work (CHC40108) or other appropriate Qualification/Experience acceptable to the
employer and is required to act on it, and
is designated by the employer as having responsibility
for leading and/or supervising the work of others in excess of that required of
a CSE 3; and
is required to work individually with minimal/ indirect
supervision.
Employees at Grade 4 may be required to exercise
any/all managerial functions in relation to the operation of the facility and
comply with documentation requirements as determined by the employer.
Indicative tasks an employee at this level may perform
are as follows.
Typical Duties
|
Care Stream
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Support Stream
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Maintenance Stream
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Overall responsibility for the
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Coordinate and direct the work of
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Coordinate and direct the
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provision of personal care to
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staff involved with the
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work of staff performing
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residents.
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preparation and delivery of food.
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gardening duties.
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Coordinate and direct the work of
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Schedule work programs.
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Schedule gardening work
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staff.
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programs.
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Schedule work programs.
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Where required, let routine
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service contracts associated
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with gardening.
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Level Two
An employee who is required to deliver medication to
residents in facilities:
previously defined as Nursing Homes (as at 31 December 2004)
by the Nursing Homes Act, 1988; or
in which more than 80% of places are "allocated
high care places" as defined in the Aged Care Act 1997 (Clth).
An employee at this level must hold the following
qualifications, which may be varied from time to time by the relevant National
Vocational, Education and Training Body:
a Certificate III in Aged Care Work (CHC30208); and
a Certificate IV in Aged Care Work (CHC40108); and
medication module - "Provide Physical Assistance
with Medication" (CHCCS303A).
or
Hold other appropriate qualification acceptable to the
employer.
Employees at this level may be required to perform the
duties of a CSE 4 - Level 1.
4. Delete
paragraph (b) of subclause (ii) of the said clause 4, and insert in lieu
thereof the following:
(b) Live-in
Housekeeper
"Live-in Housekeeper" - shall mean an
employee who would normally live at the client’s premises for a period in
excess of 48 hours.
(1)
(A) "Live-in
Housekeeper-Grade 1" is an employee employed to perform general housekeeping
duties only. General Housekeeping means preparing meals, cleaning, laundry,
shopping and household duties of a like nature and handyperson work within the
skill, competence and training of the employee and excludes personal care.
(B) "Live-in
Housekeeper/Carer-Grade 2" is an employee employed to perform housekeeping
duties as defined in Grade 1 and the personal care duties of a Grade 2 as
described in paragraph (a) of subclause (ii) of this clause.
(C) "Live-in
Housekeeper/Carer-Grade 3" is an employee employed to perform general
housekeeping duties as defined in Grade 1 and the personal care duties of a
Grade 2 and 3 as described in the said paragraph (a).
(2) Designated
commencement and cessation of work insofar as place, date and time are concerned
shall be calculated by the employer. Provided that time spent travelling shall
be regarded as time worked.
(3) In the event of
work appropriate to a Live-in Housekeeper not being available:
(A) A Live-in Housekeeper
can be required to undertake work performed by other Homecare Employees.
Provided that where such work is directed and carried out it shall be paid at
the rates and conditions for a live-in housekeeper; and,
(B) In the event of
work not being available the Secretary or other responsible officer of the
HSUeast will be contacted. During this period of time the Live-in Housekeeper
will not suffer any reduction in pay.
5. Delete
subclause (ii) of clause 18, Public Holidays, and insert in lieu thereof the
following:
(ii) For the
purposes of this award, the following shall be deemed to be public
holidays: New Year's Day; Australia Day; Good Friday; Easter
Saturday; Easter Sunday; Easter
Monday; Anzac Day; Queen's Birthday; Labour Day; Christmas
Day; Boxing Day.
6. Delete clause
48, No Extra Claims Commitment, and renumber subsequent clauses accordingly.
7. Delete
subclause (ii), (iii) and (iv) in renumbered clause 53, Area, Incidence and
Duration and insert in lieu thereof the following:
(ii) This award
shall apply to all persons employed by or in or in connection with voluntary,
religious, charitable and non-profit making private retirement villages,
nursing homes and hostels for the aged in the private health, health-related
and aged care industries and who come within the constitution rule of HSUeast.
(iii) This award
shall apply to all persons employed by or in or in connection with voluntary,
religious, charitable and non-profit making private nursing homes and hostels
for the disabled in the private disability services industry and who come
within the constitution rule of HSUeast.
(iv) This award
shall also apply to all persons employed by or in or in connection with other
accommodation support services and/or community residential units for disabled
persons owned, managed or conducted by voluntary, religious, charitable and
other non-profit making organisations in the private disability services
industry and who come within the Constitution Rule of HSUeast.
8. Delete
subclause (x) and (xi) in renumbered clause 53, Area, Incidence and Duration,
and insert in lieu thereof the following:
(x) Provided that
this award shall not apply to persons substantially engaged in counselling,
social welfare advice and referral, assessment of disability, design of
disability services programmes, or community development work in connection
with services for the disabled or social workers or social educators properly
so-called; provided this exclusion does not apply to persons eligible to become
members of HSUeast who are employed as residential care workers, and persons
primarily engaged in supervising the work performed by disabled persons, or in
domestic duties in Sheltered Workshops for the disabled.
(xi) Provided that
this shall also not apply to persons who are employed in providing home care
services to clients in private residences which are not operated as an adjunct
to a retirement village, nursing home, hostel, accommodation support service or
community residential unit or where the provisions of the consolidated
Miscellaneous Workers Home Care Industry (State) Award, reprinted 27 January
2012 (372 IG 490), as varied, apply.
9. Delete
subclause (xiv) in clause 53, Area, Incidence and Duration.
10. Delete subclause
(xv) and (xvi) in clause 53, Area, Incidence and Duration, and insert in lieu
thereof the following:
(xiv) The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act, 1996 and Principle 26 of the Principles for Review of
Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310
I.G. 359) take effect on 12 April 2012.
(xv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
11. Delete Table 2 -
Other Rates and Allowances of Part B , and insert in lieu thereof the
following:
Table 2 - Other Rates and Allowances
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Item
|
Clause
|
Brief Description
|
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Amount
|
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No
|
No
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from
|
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16.12.2010
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$
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1
|
7(xi)(c)
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Broken Shift
|
Per shift
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8.45
|
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2
|
9(iii)(a)
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Overtime - Breakfast
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Per meal
|
11.41*
|
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3
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9(iii)(b)
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Overtime - Luncheon
|
Per meal
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14.75*
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4
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9(iii)(c)
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Overtime - Evening Meal
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Per meal
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21.53*
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5
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10(iii)(b)
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Overtime - recall use of own vehicle
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Per klm
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0.31*
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6
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10(iii)(c)
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On Call Allowance
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Per day (24 hrs)
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13.76
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7
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14(i)
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Climatic & Isolation Allowance
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Per week
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5.48
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8
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14(ii)
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Climatic & Isolation Allowance
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Per week
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10.35
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9
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17(i)(a)
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Cleaning/Scraping Work - confined space
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Per hour
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0.52
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10
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17(i)(b)
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Cleaning/Scraping Work - boiler/flue
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Per hour
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0.83
|
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11
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17(iii)
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Linen Handling - nauseous nature
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Per hour
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0.25
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12
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17(v)
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Use of Own Vehicle
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Per week
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0.58
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13
|
17(ix)
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Laundry and Dry Cleaning Certificate Allowance
|
Per week
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9.11
|
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14
|
28(ii)
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Leading Hand Allowance - in charge 2-5 employees
|
Per week
|
22.41
|
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15
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28(ii)
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Leading Hand Allowance - in charge 6-10 employees
|
Per week
|
32.04
|
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16
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28(ii)
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Leading Hand Allowance - in charge 11-15 employees
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Per week
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40.46
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17
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28(ii)
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Leading Hand Allowance - in charge 16-19 employees
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Per week
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49.42
|
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18
|
30(i)(c)
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Uniform Allowance
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Per week
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5.84*
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19
|
30(i)(d)
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Special Type Shoes Allowance
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Per week
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1.81*
|
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20
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30(i)(e)
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Cardigan or Jumper Allowance
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Per week
|
1.74*
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21
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30(i)(f)
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Laundry Allowance - Uniform
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Per week
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4.85*
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22
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31(ii)(d)
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Sleepover Allowance
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Per shift
|
40.00
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23
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41(vi)
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Apprentice - TAFE Examination Allowance
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Per week
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1.87
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Note: Allowances
marked * increase by 3.5% (CPI) from 12 April 2012.
C.G.
STAFF J
____________________
Printed by the
authority of the Industrial Registrar.